A.R.S. tit. 3 | Title 3 — Agriculture

Chapter 1 Agricultural Administration

Article 1 Department of Agriculture

§ 3-101 Definitions

In this title, unless the context otherwise requires:

"Department" means the Arizona department of agriculture.
"Director" means the director of the department.

§ 3-102 Department organization

A. The Arizona department of agriculture is established consisting of the following divisions:

The animal services division, which is responsible for milk, dairy, livestock and aquaculture regulation, the state veterinarian, meat, poultry and egg inspection and performing the administrative functions authorized or contracted pursuant to law for the Arizona beef council.
The plant services division, which is responsible for entomological services.
The environmental services division, which is responsible for regulating seed, feed and agricultural chemicals, including pesticides and fertilizers, and for native plant protection.
The weights and measures services division, which is responsible for the inspection, testing and licensing of commercial weighing, measuring and counting devices.
The pest management division, which is responsible for regulating pest management and pest management services as defined in section 3-3601.
The citrus, fruit and vegetable division, which is responsible for the citrus, fruit and vegetable standardization and produce safety program under chapter 3, articles 2, 4, 4.1 and 4.3 of this title.

B. The following are established in addition to and separate from the divisions of the department:

The state agricultural laboratory.
The office of agriculture safety.
The office of inspections.
The office of commodity development and promotion.

C. The department shall have a central administrative service office providing:

Data processing, accounting and budgeting, records management, publications, property control and personnel services and training.
A program to cross-train appropriate personnel to enable them to perform similar functions or comparable work for different administrative units in the department.

§ 3-103 Director; search committee; qualifications; deputy director and associate and assistant directors; legal counsel

A. The governor shall appoint a director of the department pursuant to section 38-211 to serve at the pleasure of the governor.

B. The qualifications of candidates for appointment as director shall be reviewed by a committee of five persons selected by the governor. Two of the members of the committee must be actively engaged in animal production, two members must be actively engaged in plant production and one member must be actively engaged in agribusiness, as their major sources of income. No two members may be residents of the same county. The committee shall submit the names of the most qualified candidates to the governor for his selection. The governor may request additional names from the committee if he deems it necessary. A new committee shall be appointed for each vacancy in the position of director.

C. The director must have at least a baccalaureate degree from an accredited college or university and five years of management experience in agriculture business or agriculture production plus experience in one or more of the following:

Business management.
Public administration.
Personnel management.
Law.

D. The director shall appoint:

A deputy director of the department who shall also supervise the central administrative service office.
An associate director for each division of the department.
An assistant director for each office established under section 3-102, subsection B.

E. The director is eligible for compensation as determined under section 38-611. The director, deputy director and associate and assistant directors are exempt from title 41, chapter 4, articles 5 and 6 relating to state service, and the deputy director and associate and assistant directors serve at the pleasure of the director. If a vacancy occurs in the office of deputy director or an associate or assistant director, the director may appoint any officer or employee of the department, or may serve himself, as acting deputy or associate or assistant director pending appointment of a permanent replacement.

F. The director may employ legal counsel to advise him, represent the department in connection with legal matters before other departments and agencies of this state and represent the department and this state in litigation concerning affairs of the department. Legal counsel is exempt from title 41, chapter 4, articles 5 and 6 relating to state service and serves at the pleasure of the director.

§ 3-104 Advisory council

A. The governor shall appoint a department of agriculture advisory council consisting of five members appointed to terms of five years. A member may continue to serve until his successor is appointed and assumes office. A member may not be appointed to more than one full term plus appointment to fill a vacancy for the remainder of the unexpired term.

B. The advisory council consists of the following:

Two members actively engaged in animal production as their major sources of income.
Two members actively engaged in plant production as their major sources of income.
One member actively engaged in agribusiness as his major source of income.

C. The governor may remove a member for cause. In addition, a member vacates his office if he:

Ceases to engage in his qualifying occupation.
No longer resides in this state.
Is absent without excuse from three consecutive regular meetings of the council.
Resigns, dies or becomes unable to perform his duties as a council member.

D. Members of the advisory council are not eligible for compensation but are eligible for reimbursement as provided by law for travel and other expenses. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1.

E. The advisory council shall:

Select a chairman and vice-chairman from among its members.
Hold a regular meeting every calendar quarter and additional meetings at the call of the director, the chairman or a majority of its members.
Before an advisory council meeting, notify any division council established pursuant to section 3-105 of agenda items that the director determines will impact that division.

F. The advisory council shall review agricultural policy in this state as established by law and as administered in all functional areas of the department. The advisory council shall assist the director in formulating administrative rules for the department and formulating the department's proposed budget allocations among the administrative units of the department and shall provide such additional assistance as the director requests. The advisory council shall review, advise and make recommendations to the director on proposed rules before they are adopted by the director and may recommend initiating the rule making process relating to any subject under the department's jurisdiction. In adopting departmental rules and budgets, the director shall include the comments of the advisory council in the official record. In adopting rules the director shall accept the recommendations of the advisory council if the director finds them to be practicable and in the best interests of Arizona agriculture and of the public. The director shall provide a written statement of reasons to the advisory council within fifteen days if the director does not accept the advisory council's recommendations.

G. The advisory council may conduct periodic analyses of departmental policy as reflected by:

Decisions of hearing officers and the director on appeals of hearing officers' decisions.
The operations of the state agricultural laboratory, the office of agriculture safety and the office of border inspections.

§ 3-105 Division councils

A. The director may appoint a division council within any division of the department, and shall appoint an animal services division council and a weights and measures services division council, consisting of representatives of the various industries and commodities regulated by those divisions. Any such organization may request representation on the respective division council, but the actual appointments to the division council are at the discretion of the director.

B. Members shall serve two-year terms of office that are staggered among the members. Members of division councils serve without compensation but are eligible for reimbursement for travel and other expenses as provided by law. Each division council shall select a chairman and vice-chairman from among its members. Division councils are public bodies for purposes of title 38, chapter 3, article 3.1. Each division council shall assist and make recommendations to the associate director of the division regarding the administration and implementation of the various programs within the division. The associate director shall make a written response to the division council within fifteen days to each formal recommendation made by the council.

§ 3-106 Advisory committees

A. The director or, by delegation, the associate director of a division may appoint ad hoc advisory committees to consider, assist and make recommendations to the associate director or division council on any issue under the division's jurisdiction. The director or, by delegation, the deputy director may appoint ad hoc advisory committees to consider, assist and make recommendations to the deputy director on any issue relating to the state agricultural laboratory, the office of agricultural safety or the office of inspections.

B. Any agriculture related organization may request the formation of and representation on an advisory committee, and an associate director may request the formation of and nominate advisory committee members to the director, but the actual appointments to the advisory committee are at the discretion and pleasure of the director. Members of advisory committees shall serve without compensation but are eligible for reimbursement for travel and other expenses as provided by law. Advisory committees are public bodies for purposes of title 38, chapter 3, article 3.1.

C. The director shall assign the subjects, conditions, terms of appointments and deadlines for advisory committees to complete their work and may provide for the termination or indefinite continuation of any advisory committee. The associate director, or deputy director, as appropriate, shall make a written response to the advisory committee within fifteen days to each formal recommendation made by the advisory committee.

§ 3-107 Organizational and administrative powers and duties of the director

A. The director shall:

Formulate the program and policies of the department and adopt administrative rules to effect its program and policies.
Ensure coordination and cooperation in the department in order to achieve a unified policy of administering and executing its responsibilities.
Subject to section 35-149, accept, expend and account for gifts, grants, devises and other contributions of money or property from any public or private source, including the federal government. All contributions shall be included in the annual report under paragraph 6 of this subsection. Monies received under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in special funds for the purpose specified, which are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
Contract and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any private party or public agency.
Administer oaths to witnesses and issue and direct the service of subpoenas requiring witnesses to attend and testify at or requiring the production of evidence in hearings, investigations and other proceedings.
Not later than September 30 each year, issue a report to the governor and the legislature of the department's activities during the preceding fiscal year. The report may recommend statutory changes to improve the department's ability to achieve the purposes and policies established by law. The director shall provide a copy of the report to the Arizona state library, archives and public records.
Establish, equip and maintain a central office in Phoenix and field offices as the director deems necessary.
Sign all vouchers to expend money under this title, which shall be paid as other claims against this state out of the appropriations to the department.
Coordinate agricultural education efforts to foster an understanding of Arizona agriculture and to promote a more efficient cooperation and understanding among agricultural educators, producers, dealers, buyers, mass media and the consuming public to stimulate the production, consumption and marketing of Arizona agricultural products.
Employ staff subject to title 41, chapter 4, article 4 and terminate employment for cause as provided by title 41, chapter 4, article 5.
Conduct hearings on appeals by producers regarding the assessed actual costs of the plow up and the penalty of one hundred fifty per cent for unpaid costs pursuant to section 3-204.01. The director may adopt rules to implement this paragraph.
Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

B. The director may:

Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or required to do by law.
Construct and operate border inspection stations or other necessary facilities in this state and cooperate by joint agreement with an adjoining state in constructing and operating border inspection stations or other facilities within the boundaries of this state or of the adjoining state.
Cooperate with agencies of the United States and other states and other agencies of this state and enter into agreements in developing and administering state and federal agricultural programs regarding the use of department officers, inspectors or other resources in this state, in other states or in other countries.
Cooperate with the office of tourism in distributing Arizona tourist information.
Enter into compliance agreements with any person, state or regulatory agency. For the purposes of this paragraph, "compliance agreement" means any written agreement or permit between a person and the department for the purpose of enforcing the department's requirements.
Abate, suppress, control, regulate, seize, quarantine or destroy any agricultural product or foodstuff that is adulterated or contaminated as the result of an accident at a commercial nuclear generating station as defined in section 26-301, paragraph 1. A person owning an agricultural product or foodstuff that has been subject to this paragraph may request a hearing pursuant to title 41, chapter 6, article 10.
Engage in joint venture activities with businesses and commodity groups that are specifically designed to further the mission of the department, that comply with the constitution and laws of the United States and that do not compete with private enterprise.
Sell, exchange or otherwise dispose of personal property labeled with the "Arizona grown" trademark. Revenues received pursuant to this paragraph shall be credited to the commodity promotion fund established by section 3-109.02.

§ 3-108 Administrative support fund; use; exemption

A. A department of agriculture administrative support fund is established. All monies collected pursuant to any interagency agreement with the department pursuant to section 3-588, subsection A shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.

B. All monies collected pursuant to any interagency agreement with the department in accordance with section 3-468.03, subsection A and section 3-526.03, subsection A shall be deposited in the administrative support fund or deposited in the citrus, fruit and vegetable trust fund established by section 3-447 pursuant to the terms of the interagency agreement. Deposits in the administrative support fund shall be made pursuant to sections 35-146 and 35-147.

C. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations.

§ 3-109 Unlawful influence; classification

A. An officer, inspector or other employee of this state authorized to perform any of the duties prescribed by this title who knowingly accepts any money, gift or other thing of value from any person, firm or corporation or their officers, agents or employees given with intent to influence his official action is guilty of a class 4 felony.

B. Any person, firm or corporation or any agent or employee of any person, firm or corporation who knowingly gives, pays or offers, directly or indirectly, to any officer, inspector or other employee of this state who is authorized to perform any of the duties prescribed by this title or by the rules adopted under this title any money or other thing of value with intent to influence the officer, inspector or employee in the discharge of any duty provided for by this title is guilty of a class 4 felony.

§ 3-109.01 Agricultural consulting and training program

A. The director shall develop and implement an agricultural consulting and training program using on-site visits to establishments that are regulated under this title and title 5, chapter 1 to consult with and advise the establishment's owner, operator, lessee or independent contractor. The visits shall be:

Conducted only at the request of the owner, operator, lessee or independent contractor for consultation and advice on interpreting, applying or possible alternative methods of complying with statutes, rules, regulations or standards or other matters relating to compliance with either the requirements of this title and rules adopted pursuant to this title or the requirements of section 5-104 or 5-106 and rules adopted pursuant to those sections.
Limited to matters stated in the request.

B. After evaluating the request, if the director determines that an alternative means of providing consultation is more appropriate and equally effective, the director may provide the alternative means rather than the requested consultation.

C. The director shall make recommendations regarding solutions to matters within the scope of the consultation.

D. An on-site visit pursuant to this section is not an inspection or investigation for purposes of any provision of this title. No citation, violation or penalty may be issued, proposed or imposed resulting from or based on such a visit unless the visit discloses a violation causing imminent danger.

§ 3-109.02 Office of commodity development and promotion; fees; commodity promotion fund; definition

A. The office of commodity development and promotion shall provide for programs to stimulate, educate, encourage and foster the production and consumption of Arizona agricultural products domestically and abroad.

B. The office may provide authorized or contracted administrative functions for councils and commissions established by law.

C. The director may collect a fee, which the director shall establish by rule, for the issuance of certificates of free sale. The amount of the fee shall not exceed the actual cost of preparing the certificate of free sale. All monies collected from the fees shall be deposited, pursuant to sections 35-146 and 35-147, in the commodity promotion fund.

D. The commodity promotion fund is established. The fund consists of all monies collected pursuant to any promotional service provided to industry under this section and not supported by general fund appropriation, and monies received pursuant to section 3-107, subsection B, paragraph 8. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are:

Continuously appropriated to the department for the purposes of this section.
Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. For the purposes of this section, "certificate of free sale" means a document that authenticates a commodity that is generally and freely sold in domestic channels of trade.

§ 3-109.03 Livestock operator fire and flood assistance grant program; requirements; fund; exemption; definition

A. The livestock operator fire and flood assistance grant program is established under the department to provide grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects that are required as a result of a wildfire or associated flooding and that are either:

Not eligible for funding from another federal or state program.
Partially funded by another federal or state program.

B. The department shall:

Develop guidelines and criteria to implement the program, including an application process that includes a description of the intended use for the grant monies.
Award all grants pursuant to title 41, chapter 24.
Not grant more than fifty percent of the monies in the livestock operator fire and flood assistance fund for infrastructure projects on land in one county in any fiscal year.
Ensure that grants from the livestock operator fire and flood assistance grant program do not exceed more than:

(a) Fifty percent of the total costs of any infrastructure project.

(b) An aggregate of $250,000 per livestock operation for infrastructure projects that are required as a result of a single wildfire and that wildfire's associated flooding.

Require each grantee to submit to the department, within twelve months after receiving the grant, a written report detailing how the grant monies were used to achieve the infrastructure project described in the application. If the infrastructure project takes longer than one year to complete, the grantee shall submit a written report to the department annually until the infrastructure project is complete.
On or before December 31 of each year, submit a report of the disposition of monies appropriated to the livestock operator fire and flood assistance fund each fiscal year to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state and to any person who requests a copy.

C. The department is exempt from title 41, chapter 6 with respect to adopting rules for the purposes of this section, except that the department shall provide for public notice and sixty days for public comment on the annual grant guidelines and criteria, including public hearings.

D. The livestock operator fire and flood assistance fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of providing grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects pursuant to this section. The department shall administer the fund. Monies in the fund are continuously appropriated. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. The department may use up to five percent of the monies appropriated to the livestock operator fire and flood assistance fund in any fiscal year for the purposes of administering the program.

F. For the purposes of this section, "infrastructure" includes wells, buildings, fences, pipelines, spring and water developments, corrals and other essential components to a livestock operation.

§ 3-109.04 Agriculture and water innovation fund pilot program; fund; grants; requirements; annual report; definitions

(Rpld. 1/1/29)

A. The agriculture and water innovation fund pilot program is established to provide grants and collect data for water-focused innovation in agriculture. The department shall administer the pilot program.

B. The agriculture and water innovation fund is established consisting of legislative appropriations, grants from federal agencies and monies appropriated by any other lawful source. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department shall administer the fund and may use not more than ten percent of the monies in the fund annually for the costs of administering the fund and the agriculture and water innovation fund pilot program.

C. The department may grant monies from the fund to qualified applicants to acquire or contract for implementing innovative technology that improves water use efficiency by improving soil health.

D. As a condition of the grant, the department shall require the qualified applicant to:

Certify the installation of the new innovative technology.
Report on the individual fields that receive the benefit of the grant monies to demonstrate increased water use efficiency on the affected fields.

E. On or before December 31 of each year, the department shall submit a written report to the president of the senate and the speaker of the house of representatives describing the activities of the department for the preceding fiscal year related to the agriculture and water innovation fund and shall provide a copy of the report to the secretary of state. The report shall include an accounting of expenditures from the fund and how the monies were used to improve water efficiency and soil health.

F. For the purposes of this section:

"Innovative technology" means products or services that improve water use efficiency by improving soil health in agriculture without requiring nonnative soil amendments or improvements to irrigation infrastructure.
"Qualified applicant" means either of the following:

(a) An agricultural landowner, beneficial owner of trust land or lessee of agricultural land that has actively farmed the land or committed the land to intentional water conservation in three of the five calendar years immediately preceding the date of the application.

(b) An irrigation district established pursuant to title 48, chapter 19 that applies for the benefit of members of the irrigation district.

Article 2 Agricultural Protection Act

§ 3-111 Definitions

In this chapter, unless the context otherwise requires:

"Agricultural operations" means all activities by the owner, lessee, agent, independent contractor and supplier conducted on any facility for the production of crops, livestock, poultry, livestock products or poultry products or for the purposes of agritourism.
"Agritourism" means any activity that allows members of the general public, for recreational or educational purposes, to view, enjoy or participate in rural activities, including farming, ranching, historical, cultural, u-pick, harvest-your-own produce or natural activities and attractions occurring on property defined as agricultural real property pursuant to section 42-12151 if the activity is conducted in connection with and directly related to a business whose primary income is derived from producing livestock or agricultural commodities for commercial purposes.
"Farmland" means land devoted primarily to the production for commercial purposes of livestock or agricultural commodities.

§ 3-112 Agricultural operations; nuisance liability: damages; state preemption

A. Agricultural operations conducted on farmland that are consistent with good agricultural practices and established before surrounding nonagricultural uses are presumed to be reasonable and do not constitute a nuisance unless the agricultural operation has a substantial adverse effect on the public health and safety.

B. Agricultural operations undertaken in conformity with federal, state and local laws and regulations are presumed to be good agricultural practices and not adversely affecting the public health and safety.

C. In a nuisance action against an agricultural operation conducted on farmland:

The court may award costs and expenses, including reasonable attorney fees, to the prevailing party.
If the court determines that a party filed a nuisance action under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party:

(a) The action was not filed in good faith.

(b) The action was not grounded in fact or based on law.

(c) The action was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.

The court may not award punitive damages for a nuisance action unless the alleged nuisance emanated from an agricultural operation that has been subject to a criminal conviction or a civil enforcement action taken by a state or federal environmental or health regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance.

D. For the purposes of this section, costs and expenses may include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including any appeal.

E. A city, town, county, special taxing district or other political subdivision of this state may not declare an agricultural operation conducted on farmland to be a nuisance if the agricultural operation's practices are lawful, customary, reasonable, safe and necessary to the agriculture industry as the practices pertain to an agricultural operation's practices as determined by the agricultural best management practices committee established by section 49-457, the Arizona department of agriculture or the department of environmental quality.

§ 3-113 Action for false claims against perishable agricultural food product; limitation; definitions

A. A producer, shipper, or an association that represents producers or shippers, of perishable agricultural food products that suffers damages as a result of malicious public dissemination of false information that the food product is not safe for human consumption may bring an action for damages and for any other appropriate relief, including compensatory and punitive damages, in a court of competent jurisdiction.

B. A person who intentionally disseminates false information to the public that a perishable agricultural food product is not safe for human consumption for the purpose of harming a producer or shipper is liable for damages determined under subsection A.

C. In any action brought under this section the court may award the successful party court costs and reasonable attorney fees.

D. An action under this section shall be commenced within two years after the false information is disseminated.

E. For purposes of this section:

"False information" means information that is not based on reliable scientific facts and reliable scientific data and that the disseminator knows or should have known to be false.
"Perishable agricultural food product" means any agricultural or aquacultural food product or commodity that is grown or produced in this state and that is sold or distributed in a form that will perish or decay within a reasonable period of time.
"Producer" means the person who grows or produces perishable agricultural food products.
"Shipper" means a person who ships, transports, sells or markets perishable agricultural food products under the person's registered trademark or label or a person who first markets the perishable agricultural food product on behalf of the producer.

§ 3-114 Liability for unauthorized destruction of field crop product; damages; definition

A. A person who knowingly damages, destroys or removes any legal crop or crop product that is grown for commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university or a federal, state or local government agency is liable for:

Up to twice the market value of the damaged, destroyed or removed crop, measured before the damage or destruction.
Up to twice the actual costs of production, research, testing, replacement and crop development directly related to the damaged, destroyed or removed crop.
Litigation costs including court costs, attorney fees and expert witness fees.

B. The rights and remedies available under this section are in addition to any other rights and remedies otherwise available in law.

C. For purposes of this section, "in conjunction or coordination" means having a written contract involving testing or a product development program relating to the field crop product.

Article 3 Agricultural Extension Work

§ 3-121 Smith-Lever act accepted; authority of board of regents

A. The assent of the state is given to the provisions and requirements of an act of Congress entitled "An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states," known as the Smith-Lever act.

B. The board of regents of the universities and state college of Arizona is authorized and empowered to receive the grants of money appropriated under that act, and to organize and conduct agricultural extension work in connection with the college of agriculture of the university of Arizona in accordance with the terms and conditions expressed in the act.

§ 3-122 Expenditure from university appropriation to match federal grant

Upon duly itemized and sworn claims, approved by the president of the university of Arizona or his delegated agent, there shall be paid out of the general appropriation for the university of Arizona, as other claims against the state are paid, an amount equal to but not limited to the amount of such additional appropriation as may be apportioned to the state under the provisions of the Smith-Lever act.

§ 3-123 Agricultural extension work

Cooperative agricultural extension work shall consist of giving practical demonstrations in agriculture and home economics, and imparting information on those subjects through field demonstrations, publications and otherwise. The work shall be carried on in such manner as is mutually agreed upon by the board of regents of the universities and state college of Arizona and the county agricultural extension board of each county provided for in this article.

§ 3-124 County agricultural extension board; members; appointment; term; qualifications; office space

A. The board of supervisors of each county shall appoint seven persons, who are residents of the county, to a county agricultural extension board, four of whom have as their principal business the production of agricultural commodities, and the other three of whom shall be representative of organizations or persons who utilize the county agricultural extension services.

B. Each member shall be appointed for a term of two years. Members shall serve without compensation.

C. The board of supervisors of each county shall provide reasonable office space for the conduct of extension work in that county.

§ 3-125 Plan of extension work; annual report

The director of the agricultural extension service of the university of Arizona shall annually present a plan of extension work in the state for the ensuing year, for the approval of the board of regents. The county agent-in-charge in each county shall annually present to and for the approval of the board of supervisors of the county and the county agricultural extension board a detailed report of extension activities in the county for the preceding fiscal year, including a detailed report of receipts and disbursements, and a plan of extension work in the county for the ensuing year. The financial reports shall be on forms prescribed by the board of regents.

§ 3-126 Annual county agricultural extension budget; tax levy; collection; expenditures

A. The Arizona board of regents shall have prepared for each county an annual financial budget covering the total cost including the county's share of the cost of the extension work which, if adopted by a majority vote of the respective county agricultural extension board at a regularly called meeting, shall be submitted to the board of supervisors of the county who shall place such amount of such budget as the board of supervisors shall approve on the tax rolls of the county for the ensuing year.

B. The amount placed on the tax rolls shall be raised by direct taxation.

C. The taxes, when collected, shall be transmitted by the county treasurer upon warrant drawn by the board of supervisors to the comptroller of the university of Arizona and shall be expended upon claims drawn by the board of regents.

D. All money raised by taxation by a county shall be expended for the use and benefit of that county.

§ 3-127 Agricultural workforce development program; rules; apprentices; costs; annual report; definitions

A. The university of Arizona cooperative extension office shall establish the agricultural workforce development program to provide incentives to food-producing agricultural organizations to hire apprentices by partially reimbursing apprenticeship costs.

B. The director of the university of Arizona cooperative extension office shall adopt rules to carry out this section. At a minimum, the rules shall do all of the following:

Establish qualifications for food-producing agricultural organizations to participate in the program, including need and the ability to effectively supervise apprentices and provide the apprentices with meaningful work experience that is focused on agricultural food production.
Provide a preference for food-producing agricultural organizations owned or operated by farmers and ranchers who are located in rural or tribal areas or who are historically underserved.
Require participating food-producing agricultural organizations to pay apprentices an hourly wage rate that is at least the minimum wage established by this state pursuant to section 23-363.
Establish criteria for participating food-producing agricultural organizations to select qualified apprentices, including required educational experience and the ability to perform meaningful work.
Establish the process and time frame for selecting qualified food-producing agricultural organizations and qualified apprentices.
Establish accounting requirements for tracking apprenticeship costs.
Establish the process for participating food-producing agricultural organizations to seek reimbursement.
Seek input from community stakeholders to establish and administer the program.

C. Subject to legislative appropriation, the cooperative extension office may reimburse a participating food-producing agricultural organization up to the amount of the actual cost to the food-producing agricultural organization to employ an apprentice. Based on the annual legislative appropriation for the program, the director shall determine the number of apprenticeships to approve, the amount of reimbursement per apprenticeship and whether a participating food-producing agricultural organization may be reimbursed for more than one apprenticeship in the same fiscal year.

D. The cooperative extension office may use up to ten percent of the monies appropriated for the program for the administrative costs of this section.

E. On or before December 1 each year, the cooperative extension office shall submit a report regarding the effectiveness of the program in achieving the program's purpose to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

F. For the purposes of this section:

"Actual cost" means the wages paid to an apprentice, a reasonable allocation of fixed overhead expenses and all incidental costs directly related to the apprenticeship.
"Agricultural organization" means a business, nonprofit organization, community college or state university program related to agriculture.
"Historically underserved":

(a) Means a beginning farmer or rancher, a socially disadvantaged farmer or rancher or a veteran farmer or rancher as defined in 7 United States Code section 2279.

(b) Includes other limited-resource farmers or ranchers.

§ 3-128 Expenditures of university of Arizona funds

A. For the purpose of aiding counties in support of the agricultural extension program, the board of regents shall have prepared an annual financial budget covering the university of Arizona's share of the cost of extension work in each county and after approval thereof may expend such amount of the university of Arizona funds.

B. No funds secured through taxation, appropriation or from the university of Arizona, as provided in this article, shall be available for any county until plans for the expenditure of the funds have been made and approved by the board of regents.

C. All money obtained by taxation, appropriation, or from the university of Arizona shall be expended for the use and benefit of the county entitled to receive the fund, and the monies directed to be expended from the university of Arizona funds shall be expended and disbursed upon claims drawn by the board of regents showing upon their face the county for whose account the funds are expended.

Article 4 State Agricultural Laboratory

§ 3-141 Definitions

In this article, unless the context otherwise requires:

"Agricultural laboratory services" means the following services:

(a) Providing a residue analysis of:

(i) Raw, processed or manufactured agricultural commodities and products.

(ii) Soil.

(iii) Plant or animal tissue.

(iv) Commercial feed as defined in section 3-2601.

(v) Fertilizer as defined in section 3-262.

(vi) Water used for agricultural purposes.

(b) Providing a nutrient analysis of:

(i) Raw, processed or manufactured agricultural commodities and products.

(ii) Soil.

(iii) Plant or animal tissue.

(iv) Commercial feed as defined in section 3-2601, and including whole seeds and any feed mixed or unmixed used in the feeding of animals.

(v) Fertilizer as defined in section 3-262.

(d) Providing a germination and purity analysis of planting seed.

(e) Providing the identification of insects, parasites, bacteria and pathogenic organisms in raw, processed or manufactured agricultural products and commodities and in plant or animal tissue.

(f) Providing the services necessary to carry out section 3-1203, subsection A.

(g) Providing any other services compatible with or incidental to those laboratory services provided pursuant to sections 3-142 and 3-143.

"Assistant director" means the assistant director for the state agricultural laboratory.

§ 3-142 State agricultural laboratory

There is established a state agricultural laboratory in the department to provide laboratory services to the department and others as provided by law or pursuant to contract.

§ 3-143 Assistant director; powers and duties

A. The assistant director for the state agricultural laboratory is responsible for the administration, operation and control of the state agricultural laboratory.

B. The assistant director shall have all the following qualifications:

A master's degree in chemistry or its equivalent in practical experience as determined by the director.
Experience in agricultural laboratory testing or experience in a control laboratory of an agency that regulates feeds, fertilizers or pesticides.
Supervisory experience.

C. The assistant director shall enforce rules established pursuant to section 3-147:

For the voluntary certification of laboratories providing agricultural laboratory services to persons of this state.
For the mandatory certification of laboratories providing agricultural laboratory services to agencies and departments of this state or its political subdivisions, including those laboratories that are a part of a state agency or department or a political subdivision of this state.
Prescribing testing, documentation and quality assurance procedures and requirements.

D. The assistant director may contract with and assist other divisions and offices in the department and other departments and agencies of the state, local and federal governments in the furtherance of the purposes of this article, including contracting to provide laboratory services.

§ 3-144 State agricultural laboratory; maintenance and purpose; fees

A. The state agricultural laboratory is established and maintained to carry out this article and for laboratory examinations, diagnosis, analysis, testing, quantifying and identification necessary to perform the functions and duties prescribed by this article.

B. The state agricultural laboratory:

May accept samples from any person for regulatory, diagnostic and research purposes.
Shall report test results only to the party that provided the original sample.

C. The state agricultural laboratory may collect fees for laboratory services as prescribed by the director.

§ 3-145 Mandatory and voluntary certification; sampling procedures; application; expiration; renewal

A. A person who establishes, conducts or maintains a laboratory that provides agricultural laboratory services to agencies or departments of this state or its political subdivisions shall apply for a certificate from the state agricultural laboratory as proof that the laboratory so certified is in compliance with rules adopted by the director for the certification of such laboratories. Any other person providing agricultural laboratory services may apply for such a certificate.

B. A person providing guaranteed laboratory analysis information to distributors of commercial feed and whole seeds for consumption by livestock shall be certified under this section.

C. An individual who collects samples for the state agricultural laboratory or for any certified agricultural laboratory shall follow the sampling procedures established by the director.

D. A certified laboratory shall report test results only to the party who provided the original sample and, on request, to the state agricultural laboratory or as required by section 3-2611.01.

E. A person who desires a certificate pursuant to this section shall file with the state agricultural laboratory an application for a certificate accompanied by the application fee.

F. The application shall be on a form prescribed by the assistant director and furnished by the state agricultural laboratory and shall contain:

The name and location of the laboratory.
The name of the person owning the laboratory and the name of the person supervising the laboratory.
A description of the programs, services and functions provided by the laboratory.
Such other information as the assistant director deems necessary to carry out the purposes of this section.

G. The assistant director shall issue a certificate to an applicant if the assistant director is satisfied that the applicant has complied with the rules prescribing standards for certified laboratories.

H. A certificate expires one year after the date of issuance and shall be renewed upon payment of the renewal application fee as prescribed in section 3-146 and continued compliance with this article and the applicable rules.

§ 3-146 Certificate fees

The director may establish by rule and the assistant director shall collect in advance the following nonrefundable fees:

For an initial laboratory certificate, not more than nine hundred dollars.
For a renewal of a laboratory certificate, not more than nine hundred dollars.
For a duplicate of a certificate, two dollars.

§ 3-147 Rules; advisory committee

A. The director shall adopt reasonable rules for certification of laboratories that perform agricultural laboratory testing. Rules shall be prescribed only insofar as they affect the precision and accuracy of laboratory results. The rules shall include:

Acceptable methods of sampling, analyzing and testing including the routine examination of certified laboratories for accuracy of analysis.
Acceptable standards of sanitary and safety conditions within the laboratory and its surroundings.
Equipment essential to the proper operation of a laboratory.
The construction and operation of the laboratory, including plumbing, heating, lighting, ventilation, electrical services and similar conditions.

B. If before adopting rules pursuant to this section the director determines that it is necessary or desirable, the director may appoint an advisory committee pursuant to section 3-106.

§ 3-148 Grounds for denial, suspension or revocation of a certificate; review and appeal

A. The assistant director may refuse to grant or renew a certificate or may suspend or revoke a certificate if the assistant director has reasonable grounds to believe that the applicant or registrant is not in compliance with adopted rules relating to the certification of laboratories pursuant to this article. The assistant director shall notify an applicant of the reasons for the action.

B. The director shall review the assistant director's action on request of any person adversely affected by the action, and the director’s decision is subject to appeal pursuant to title 41, chapter 6, article 10.

§ 3-149 Evidentiary effect of test results certified by the assistant director

Test results certified by the assistant director are prima facie evidence of the facts stated in the results.

Article 5 Historic Agriculture Recognition

§ 3-161 Definitions

In this article, unless the context otherwise requires:

"Commission" means the historical advisory commission established by section 41-151.20.
"Register" means the Arizona register of heritage agriculture.

§ 3-162 Arizona register of heritage agriculture; qualifying criteria; definition

A. The Arizona register of heritage agriculture is established.

B. Any person may apply in writing to the historical advisory commission to nominate agricultural property in this state for listing on the register. If the person nominating the property is not the current owner of the property, the nomination must include the current owner’s written assent to the nomination.

C. To qualify for listing on the register, the agricultural property must meet both of the following requirements:

The property must comprise at least ten acres of real property that has been owned by the same family and in continuous commercial agricultural production for at least fifty years. Property that has been in active production may qualify regardless of occasional periods of inactivity due to:

(a) Acts of God.

(b) Federal farm conservation programs.

(d) Generally accepted range management and pasture rotation practices.

(e) Temporarily inadequate water supplies.

The property must include at least one house, barn, shed, crib, granary, silo, windmill or fence that is at least twenty-five years old.

D. For purposes of this section, "family" includes individuals or a trust, estate, corporation, partnership, joint venture or similar entity or combination of entities, if the individuals or at least eighty per cent of the beneficiaries, shareholders, partners or joint venturers share a family relationship as parents or ancestors of parents, children or descendants of children, siblings, cousins of the first degree, aunts, uncles, nieces or nephews of the first degree, spouses of any of the listed relatives and listed relatives by the half-blood or by adoption.

§ 3-163 Application

A. An applicant must provide documentary evidence that property meets the qualifications prescribed by this article for listing on the register of heritage agriculture. The commission may require additional information as necessary to support the application.

B. The commission shall:

Establish an advisory group of persons with experience in agriculture to assist the commission in evaluating applications under this section.
Prescribe the procedure for filing and evaluating the applications.
Set a nonrefundable application fee which must be paid in full when the application is submitted.

C. The commission may establish categories of recognition based on the age of the agricultural operation.

§ 3-164 Listing property on register

A. The commission shall provide written notification to the owner, and applicant if different from the owner, of its decision on listing the property on the register.

B. If the commission lists the property on the register:

The commission shall include, with the notice under subsection A of this section, a certificate signed by the secretary of state, the president of the senate, the speaker of the house of representatives and the chairperson of the commission describing the property and designating it as Arizona heritage agriculture property.
The owner of the property may identify the property as Arizona heritage agriculture property using signs, monuments, plaques, letterheads and other identifiers.

C. The designation of property as Arizona heritage agriculture property:

Is an honorific recognition only, and does not confer any other right or privilege except as provided by this article.
Does not affect the right to use, convey, encumber, alter or exercise any other right of ownership at the owner’s discretion, and no person may impair or affect the owner’s property rights based on the designation of the property as Arizona heritage agriculture property.
Terminates if the property no longer meets the requirements of section 3-162, subsection C. The commission may require the owner to file an annual affidavit that the property continues to qualify under this article.

§ 3-165 Restricted use of designation; violation; classification

A. A person may use the designation "Arizona heritage agriculture property" or "heritage agriculture" only with the approval of the commission as provided by this article. A person may not use the designation "Arizona heritage agriculture property" or "heritage agriculture" for any commercial purpose except as provided by this article.

B. A person who knowingly violates this section is guilty of a class 3 misdemeanor.

Chapter 2 Regulatory Provisions

Article 1 Dangerous Plant Pests and Diseases

§ 3-201 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the division.
"Diseases" includes any fungus, bacterium, virus or other organism of any kind and any unknown cause that is or may be found to be injurious, or likely to be or to become injurious to any domesticated or cultivated plant, or to the product of any such plant.
"Division" means the plant services division of the Arizona department of agriculture.
"Noxious weed" means any species of plant that is, or is liable to be, detrimental or destructive and difficult to control or eradicate and shall include any species that the director, after investigation and hearing, shall determine to be a noxious weed.
"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.
"Nursery stock" includes all trees, shrubs, vines, cacti, agaves, succulents, herbaceous plants whether annuals, biennials or perennials, bulbs, corms, rizomes, roots, decorative plant material, flowers, fruit pits or seeds, cuttings, buds, grafts, scions and other plants intended for sale, gift or propagation, either cultivated or collected in the wild, except seeds as regulated by article 2 of this chapter, fruit and vegetables regulated by chapter 3, articles 2 and 4 of this title and cotton plants.
"Pests" includes all noxious weeds, insects, diseases, mites, spiders, nematodes and other animal or plant organisms found injurious, or likely to be or to become injurious, to any domesticated, cultivated, native or wild plant, or to the product of any such plant.
"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.
"Shipment" includes anything that is brought into the state or that is transported within the state and that may be the host or may contain or carry or may be susceptible of containing, carrying or having present on, in or about it any plant pest or plant disease.

§ 3-201.01 Associate director; powers and duties

A. The associate director may, as authorized by the director:

Quarantine, treat, eradicate, destroy or reject out of state pests and all plants that are infested or infected with pests or that are the host or carrier or the means of propagating or disseminating a pest.
Enforce all rules and orders necessary to carry out the purposes of this article:

(a) To prevent introduction of a pest into the state.

(b) To prevent propagation or dissemination of a pest from one locality to another in this state.

(d) To fix the terms and conditions on which plants or any other article or thing of any nature whatever likely to be infested or infected with or be the carrier of, or the means of propagating or disseminating, a pest that may be shipped or brought into this state, or moved from one locality or place to another in this state.

(e) To prohibit plants or things likely to be infected with, be the carrier of or be the means of spreading, propagating or disseminating a pest from being shipped or brought into this state or moved from one locality to another in this state.

Cooperate with the United States secretary of agriculture and the secretary’s representatives in interstate matters pertaining to the objects of this article.
Proceed according to law to abate any public nuisance prohibited by this article.
Establish fees pursuant to section 3-217 and adopt rules necessary to effect and administer an Arizona nursery certification program, for any person who requests to participate, to certify that a participating nursery meets the criteria established by the associate director or the entry criteria established by another state, commonwealth or country.
Require records to determine the origin and quarantine certification status of nursery stock sold, offered for sale or transported by any person into or within this state.

B. The associate director shall:

Keep the director informed concerning dangers to the agricultural and horticultural interests of this state from pests.
Faithfully enforce and execute all rules and orders of the department pertaining to the division, using all necessary and proper means including court action.
Prepare, publish electronically, post and make available at least once each year bulletins containing such information as the associate director deems proper and the current rules and orders of the department.
Enter in or on any premises or other place, train, vehicle or other means of transportation in or entering this state that is suspected of containing, harboring or having present one or more pests.
Make inspections to determine if a pest is present.
Open, without unnecessary injury to property, any box, container or package at any time during business or operating hours, and, after notifying the owner or person in charge, if the owner or person in charge is found in the county, open any car, enclosure or building that the associate director suspects contains, harbors or has present a pest, and examine and inspect the contents as may be necessary to determine if a pest is present.
If in performing other duties the associate director determines that plant materials inspected and being delivered or transported or shipped by mail or courier are dead, dying or otherwise inferior in quality, mark the plant or package, or both, advising the recipient and sender that, in the judgment of the associate director, the plant materials were found to be dead, dying or of inferior quality. This paragraph does not authorize the associate director to perform inspections solely for the purposes set forth in this paragraph.

§ 3-202 Infested or infected plants as public nuisances

All plants, soil and other things found infested or infected with a crop pest or disease or which are the host or carrier or means of disseminating or propagating a crop pest or disease is declared a public nuisance, and may be abated, suppressed, controlled or regulated as provided in this article and by the rules and orders of the director.

§ 3-203 Quarantine of infected and diseased plants; notice; hearing

A. When a plant or any other thing is found infested or infected by or to contain or harbor a crop pest or disease, the director shall place thereon a written warning or notice, stating:

That the plant or thing is held under quarantine by the department.
That all persons are forbidden to remove or otherwise disturb the plant or thing pending further action by the department under section 3-204 or 3-205.

B. The director shall, as soon as practical, notify in writing the owner or person in charge of the plant or thing, if he can be found within the county, of his finding the crop pest or disease, stating the name thereof, and giving a sufficient description of the plant or thing by name, location or otherwise in order that it may be readily identified.

C. An owner or person in charge of a plant or thing that is subject to this section may request a hearing pursuant to title 41, chapter 6, article 10, but the request for a hearing shall not stay necessary abatement action under section 3-204 or 3-205.

§ 3-204 Summary abatement of imminently dangerous nuisance; procedure; expense; lien; public sale; reimbursement costs and penalties to state for certain abatements; civil penalty

A. If, in the opinion of the director, the danger to the agricultural and horticultural industry of the state is imminent if the nuisance caused by a plant or thing is not speedily abated or suppressed, and if the director finds it is practical to summarily abate the nuisance, either by the destruction of the plant or thing or by the treatment thereof so as to destroy or eradicate the crop pest or disease without actually destroying the plant or thing, the director shall in writing direct the owner or person in charge of the nuisance, if the owner or person is found in the county, forthwith and at the owner's or person's expense to abate and suppress the nuisance in the manner provided in the written direction. If the owner or person in charge fails or neglects to comply with the direction for a period of five days after the date on which the direction was delivered to or served on the owner or person, the director shall summarily abate the nuisance in the manner specified in the written direction.

B. If the owner or person in charge or control of the nuisance is a nonresident of the state or cannot, after reasonable diligence by the director, be found within the county where the nuisance exists, the director shall publish the notice and the direction one time in a newspaper published in the county, and shall post a copy at, on or in the immediate vicinity of the nuisance, and after seven days from the first publication and posting, the director shall abate the nuisance in the manner specified in the direction.

C. If the nuisance is abated by the director, the expense shall be borne by the state, but, when the abatement does not involve the destruction of the plant or thing and it has some value after the crop pest or disease has been eradicated, the state shall have a first claim and lien thereon for the payment of expenses incurred in the abatement of the nuisance.

D. The director shall notify the owner or person in charge or control of the nuisance of the amount of the expenses, and that unless the amount is paid within ten days after the date of service of the notice on the owner or person in charge, the plant or thing will be sold at public sale, and the proceeds, or so much thereof as may be necessary, applied to the payment of the expenses. The notice shall be personally served or posted as required in this section for notices to abate.

E. If the owner or person in charge of the plant or thing fails to pay the expenses within the time specified in the notice, the director shall give public notice of the time and place of sale with a description of the plant or thing to be sold, and the amount of expenses against it, which shall include costs of publication, posting and service of notice. The notice of sale shall be published and posted as provided in this section for the publication and posting of direction to suppress the nuisance.

F. The owner or person in charge of a plant or thing constituting the nuisance may waive in writing the service of all directions and notices in connection with the abatement or sale thereof.

G. If the director is required to abate the nuisance of stub, soca or volunteer cotton following the refusal by the owner or person in charge or control of the nuisance to do so, the owner or person in charge or control of the nuisance shall reimburse the department for the actual costs of the state's abatement of the nuisance. An injunction shall not be granted to stay this state from abating the nuisance. The director may request the cotton research and protection council to provide monies pursuant to section 3-1085, subsection B to help defray the department's cost of abatement until the owner or person in charge reimburses the department for those costs. If the actual costs of abatement are not paid within ten days after the owner or person in charge receives notice of the amount of the costs, the director may impose a civil penalty of fifty per cent of the costs of abatement. At the director's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection. All civil penalties collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the dangerous plants, pests and diseases trust fund established by section 3-214.01.

§ 3-204.01 Council plow-up request; civil penalty

A. At the request of the cotton research and protection council, the director, acting as an agent of the council, shall plow up cotton fields that are not in compliance with section 3-1086, subsection D. An injunction shall not be granted to stay this state from plowing up the fields. The director may request the cotton research and protection council to provide monies pursuant to section 3-1085, subsection B to help defray the costs of the plow up until the owner or person in charge reimburses the department for the actual costs of the plow up.

B. If the actual costs of the plow up are not paid within three months after the owner or person in charge receives notice of the amount of the costs, the department may impose a civil penalty of one hundred fifty per cent of the costs of the plow up. At the director's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection.

C. A producer may appeal to the council the order of the council for the plow up of noncompliant cotton fields by the department pursuant to title 41, chapter 6, article 10.

D. All costs and civil penalties collected under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the dangerous plants, pests and diseases trust fund established by section 3-214.01.

§ 3-205 Abatement of nuisance not imminently dangerous; procedure; lien; foreclosure; release of lien; reimbursement costs and penalties to state for certain abatements; civil penalty

A. If the director believes the danger to the agricultural and horticultural industry is not imminent, or if impractical for any reason to summarily abate the nuisance, as described in sections 3-203, 3-204, 3-206 and 3-207, the director shall not require summary destruction or eradication, but shall set forth the measures required to be taken by the owner or person in charge to control, suppress or eradicate the danger, and shall require the person, at the person's expense, to take and comply with the measures specified in the direction and subsequent directions.

B. The directions shall be made, given and served as prescribed for summary abatement, and if they are not complied with, the director may proceed as provided by the directions, and the expense shall be charged against the state.

C. If the plant or thing constituting the nuisance consists only of personalty and is not attached to land or contained in a building, enclosure, vehicle or place belonging to the person, the state shall have the same lien and it is enforceable in the same manner as provided for summary abatement of the nuisance under section 3-204.

D. If the plant or thing is attached to land or contained in a building, enclosure or vehicle that is the property of the person, the lien shall also attach to the land, building, enclosure or vehicle, and the director shall prepare and file in the office of the county recorder where the property is situated a notice of the lien, setting forth the amount and the name of the owner or person in charge, and stating that the amount of the lien shall be paid within thirty days from filing the notice, or otherwise the property will be subjected to payment thereof.

E. The lien shall be prior to all other liens against the property except liens for state and county taxes. If the amount of the lien is not paid within the thirty days, the county attorney, on written request of the director, shall foreclose the lien against the property impressed therewith as other liens are foreclosed.

F. On satisfaction of the lien, the director shall issue a release of the lien to the person against whom the lien was claimed. Such release shall be a document in a form as specified in section 11-480.

G. If the director is required to abate the nuisance of stub, soca or volunteer cotton following the refusal by the owner or person in charge or control of the nuisance to do so, the owner or person in charge or control of the nuisance shall reimburse the department for the actual costs of the state's abatement of the nuisance. An injunction shall not be granted to stay this state from abating the nuisance. The director may request the cotton research and protection council to provide monies pursuant to section 3-1085, subsection B to help defray the department's cost of abatement until the owner or person in charge reimburses the department for those costs. If the actual costs of abatement are not paid within ten days after the owner or person in charge receives notice of the amount of the costs, the director may impose a civil penalty of one hundred fifty per cent of the costs of abatement. At the director's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection. All civil penalties collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the dangerous plants, pests and diseases trust fund established by section 3-214.01.

§ 3-205.01 Summary abatement of noxious weeds, crop pests or diseases under preapproved programs

The director may treat, spray, control, suppress or eradicate noxious weeds, crop pests or diseases through a countywide, area-wide or statewide program or programs that have been approved or authorized by the department. If such countywide, area-wide or statewide program or programs affect cotton, the program or programs must also be approved by the cotton research and protection council. The director may take whatever actions that are necessary to assist, support or enforce such programs including entering any fields to treat, spray, control, suppress or eradicate noxious weeds, crop pests or diseases under these authorized or approved programs.

§ 3-205.02 Regulating production of colored cotton; civil penalties

A. The director may adopt rules to regulate the production of colored cotton. The rules shall include registering producers, production requirements, field separation, cotton appliances used to produce, transport and handle colored cotton and ginning and seed requirements.

B. The director may impose the following sanctions for violating colored cotton rules:

A civil penalty assessed against a grower of not more than seven hundred fifty dollars per acre for each planted acre of colored cotton unless the grower voluntarily abates the colored cotton crop before the first bloom.
A civil penalty assessed against the owner or operator of a cotton gin of not more than one hundred dollars per bale of colored cotton for violating ginning rules.
A civil penalty assessed against the owner or operator of a cotton appliance of not more than five hundred dollars per violation for violating the cotton appliance rules.
Suspension or revocation of a grower's colored cotton registration.

C. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-206 Destruction of noninfected crops on abatement of nuisance; procedure; hearing; evidence

A. If the plants constituting the nuisance consist of growing crops, trees, orchards, vines or shrubbery, and the infestation or infection is by a plant pest or disease of such a nature, or if the location of the plants with respect to other plants not infested or infected is a part of the same crop, or is growing immediately adjacent to the infested or infected plants, and the director believes it is impractical to abate the nuisance, and to suppress, eradicate or control the crop pest or disease without destroying the whole of the crop, trees, orchard, vines or shrubbery of which the infested or infected plants are a part, or without serious injury to uninfected or uninfested plants, the director may adopt proper measures to control, eradicate and suppress the crop pest or disease, although it causes a destruction of the crops, trees, orchards, vines and shrubbery or an injury to uninfected or uninfested plants that are a part of the crops, trees, orchards, vines or shrubbery.

B. Before proceeding with abatement of the nuisance or suppressing, eradicating or controlling the crop pest or disease, the director shall serve written notice on the owner or person in charge of the premises on which the nuisance is located, specifying the infestation or infection and directing the person to appear at a hearing to be held at a time and place within the county where the nuisance exists, and show cause why the crop, trees, orchard, vines or shrubbery should not be destroyed in whole or in part.

C. The notice shall be personally served on the person, if the person is found within the county where the nuisance exists, at least five days before the hearing. If the person is a nonresident or cannot be found in the county, the notice shall be published in a newspaper published in the county for at least seven days before the hearing, and in addition, a copy thereof shall be posted in a conspicuous place on or at the premises involved for a like period.

D. Any interested party may appear at the hearing and be heard, either in person or by attorney. The hearing officer shall preserve a record of all evidence introduced, and at the conclusion of the hearing shall enter an order conforming to the hearing officer's findings.

§ 3-207 Crop pest or disease menacing state; notice of hearing; publication

A. When a crop pest or disease is discovered within this state, or any section of an adjoining state or country, which the director believes menaces or threatens serious injury to the horticultural or agricultural industry of this state unless the crop pest or disease is eradicated, suppressed or controlled so as not to cause the threatened injury, and if the director believes it impractical to prevent the threatened injury except by destruction in whole or part of uninfested or uninfected plants within this state which would, if not destroyed or injured, permit the crop pest or disease to be introduced into this state or cause its spread and dissemination either within or without the state, he shall give public notice of the menace stating the character thereof, its present location and the crops to which it is injurious. The notice shall direct all persons interested:

To appear at the division office at a time therein specified to consider measures for the suppression, eradication or control of the threatened injury.
To show cause why the director should not order the destruction or injury of all or such portion of the plants, which, if not destroyed or injured, will become the means of introducing the crop pest or disease into the state or of spreading it to other places, or to show cause why a quarantine zone should not be established.

B. The notice shall be published at least seven days prior to the hearing in at least one newspaper for at least one insertion in each county wherein the director deems it necessary to destroy or injure the plants, and in a newspaper published at Phoenix.

§ 3-208 Hearing on plant menace; evidence; quarantine zones; violation

A. Any interested party may be heard at the hearing, either in person or by attorney. The department shall preserve a written record of all evidence introduced at the hearing.

B. If the director finds that a menace exists, he may make and enforce rules and orders and establish quarantine zones or districts to eradicate, suppress or control the menace.

C. When the director finds the danger which caused the establishment of a prohibited zone is no longer present, he shall revoke the order establishing the zone, and may by order change or modify the order establishing a zone or applicable rules without notice or hearing, but no additional territory shall by subsequent order be added to or included within the boundaries of the zone except by notice and hearing as required for establishing the zone.

D. After the date on which the director enters the order establishing a zone, it shall be unlawful to plant, grow or cultivate, or have in, or to transport from or into the district any plant of the kind specified in the order except in accordance with the order or subsequent orders.

§ 3-209 Quarantines; notice to common carriers; duty to hold for inspection; certificate of release; inspection

A. When the director believes the importation from designated countries, states or localities of specified varieties of plants, fruits, vegetables, seeds, soil or agricultural or horticultural products is dangerous to this state or to the agricultural or horticultural industry of this state because of the likelihood of infestation with crop pests or diseases, the director may declare a quarantine against all varieties from those places. Common carriers shall be immediately notified of the declaration of quarantine and are prohibited from transporting quarantined products or pests and diseases associated with the quarantined products from the designated places into the state.

B. Any person who brings or causes to be brought into the state plants, fruits, vegetables or agricultural or horticultural products is subject to either of the following procedures:

The inspector may issue a certificate of release to the person at a properly signed border inspection station.
The inspector may instruct the person, at a properly signed border inspection station, to hold the shipment at the place where it is to be received, without unnecessarily moving or placing it where it may be harmful, for immediate inspection of the inspector, and shall not deliver the shipment to the person entitled to it until furnished with a certificate of release by the inspector.

C. If a person does not obtain a certificate of release as prescribed by subsection B, the person shall, immediately after arrival in this state, notify the inspector of the place where the shipment will be received, and hold it, without unnecessarily moving or placing it where it may be harmful for immediate inspection of the inspector, and shall not deliver the shipment to the person entitled to it until furnished with a certificate of release by the inspector.

D. The director, the associate director or the inspector may enter into any place where the products are received, as described in subsection C, for the purpose of making the investigation or examination.

§ 3-210 Destruction of infected shipments

A. When a shipment of any plant, plant product, soil or other thing imported or brought into the state is found to be infested by or to harbor insects, noxious weeds or other pests dangerous to the interests of the state, the director shall notify, in writing, the shipper, consignee or owner, and shall require the shipper, consignee or owner, at the owner's option, immediately to reship from the state, treat or destroy the plant or other thing in whole or in part as the director deems necessary, at the owner's expense. If the shipper, consignee or owner neglects or refuses to reship from the state or treat or destroy the infested shipment the director shall order the infested shipment to be destroyed.

B. A shipper, consignee or owner of any plant, plant product, soil or other thing that is subject to this section may request a hearing pursuant to title 41, chapter 6, article 10, but the request for a hearing shall not stay necessary treatment action under this section.

§ 3-211 Imported nursery stock; labeling; certificate of inspection

Nursery stock shipped into this state from another state or country shall be prominently labeled with the name and address of both the shipper and consignee, and shall be accompanied by a certificate of inspection dated within one year, or a copy of the certificate, made by a duly authorized official of the state or country in which the stock was grown. Shipments of plants, fruits, vegetables or seeds, not grown in the locality from which shipment was made, shall, in addition, specify where the plants or products were grown. Shipments into the state shall conform to rules adopted by the director.

§ 3-212 Infested plants; sale or transportation prohibited; disposition of infested or wormy apples and pears

A. It is unlawful to offer for sale, sell, give away or transport, except from the state as provided in section 3-211, plants, fruits, vegetables or seeds known to be infested by dangerously injurious insects or plant diseases or known to harbor any pest whatsoever.

B. When apples or pears are infested by the coddling moth, plain evidence of injury by this insect to the fruit shall constitute a condition of infestation.

C. When the director believes the protection of the industry requires such action, fruit commonly known as "wormy," together with other apples or pears in the same container or lot together with the containers, shall be declared a public nuisance by the director, and offering for sale, selling, giving away or transporting the fruit after it is declared a public nuisance is unlawful.

§ 3-213 Concealment of plants or agricultural products

It is unlawful for a person to conceal from a quarantine officer any plant or plant product or to fail to present such plant or plant product or any quarantined article for inspection at the request of such officer.

§ 3-214 Failure to stop at inspection station

It is unlawful for a person in possession or in control of a vehicle to fail to stop the vehicle at a properly signed border inspection station, or upon demand of a plant quarantine officer, for the purpose of determining whether any quarantine established pursuant to the provisions of law is being violated or whether the vehicle may harbor pests or diseases associated with a quarantine.

§ 3-214.01 Dangerous plants, pests and diseases trust fund

A. A dangerous plants, pests and diseases trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected under this article except civil penalties assessed pursuant to section 3-205.02 or 3-215.01 shall be deposited in the dangerous plants, pests and diseases trust fund.

B. The director shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.

C. The beneficiary of the trust is the agricultural program established by this article. All monies in the dangerous plants, pests and diseases trust fund are to be used by the department exclusively to carry out this article, including salaries, fees and office, administrative, bonding and travel expenses incurred.

D. The unexpended and unencumbered balance of monies, if any, remaining in the dangerous plants, pests and diseases trust fund at the end of each fiscal year shall not revert to the state general fund.

§ 3-215 Violations; classification

A. It is unlawful to knowingly refuse or fail to comply with any rule or order adopted by the director to protect the agricultural or horticultural industry, or adopted to control a quarantine zone established by the director. A violation of this subsection is a class 2 misdemeanor.

B. A person obstructing or conspiring to obstruct the director or his representatives, in the performance of their duties, or who violates any provision of this article is guilty of a class 1 misdemeanor. Each separate violation shall constitute a separate offense.

C. This section does not apply to a person who fails to destroy cotton or cotton stubble before an established date or who plants cotton before an established date.

§ 3-215.01 Violation; civil penalty

A. A person who knowingly transports or causes the transportation of a crop pest or crop disease into this state is subject to a civil penalty as prescribed by subsection B of this section. A person who receives a certificate of release under section 3-209 is exempt from this section.

B. The director may bring an action under this section in superior court in the county in which a violation is alleged to have occurred. On finding a knowing violation, the court may assess the civil penalty in an amount it considers appropriate, but not exceeding five thousand dollars for each violation. In determining the amount of the penalty, the court shall consider at least the following items:

Any prior violations of the same nature within the preceding twenty-four months.
The actual consequences and danger of the crop pest or crop disease to the state or to the agricultural or horticultural industry in this state.
The commodity or other thing that carries the crop pest or crop disease into this state.
The class of crop pest or crop disease introduced.
Whether the defendant possesses a certificate of release.
Any abatement action taken by the defendant.
The extent of the infestation.

C. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-216 Enforcement powers of deputy, inspector or agent; cooperation

A. When any power or authority is given by any provision of this article to the director, it may be exercised by any deputy, inspector or agent duly authorized by the director.

B. Any person in whom the enforcement of any provision of this article is vested has the power of a peace officer as to such enforcement.

C. By interagency agreement, the department of agriculture and the motor vehicle division of the department of transportation shall cooperate at the ports of entry to carry out the provisions of this article.

§ 3-217 Nursery or nursery stock certification; fee; denial, revocation or suspension; hearing

A. The associate director shall:

Establish a nursery certification program.
By rule, set and collect a variable fee for each nursery or nursery stock certification inspection based on a schedule of costs for services as may be appropriate to recover the actual direct costs incurred by the division, but not more than fifty dollars for each inspection.

B. If the state agricultural laboratory performs tests under a nursery certification program, the laboratory may collect fees prescribed by rule for the tests established as follows:

The associate director shall establish by rule the extent and type of testing required for the Arizona certified nursery program including only tests that the department would not otherwise have performed to determine if the nursery or nursery stock is infested or infected with a crop pest or disease.
The extent and type of testing required for the export criteria program shall be established according to the requirements of another state, country or commonwealth.

C. The associate director may issue, refuse to issue, revoke or suspend a nursery certificate under the nursery certification program.

D. A person who is aggrieved by any action under the nursery certification program may request a hearing pursuant to title 41, chapter 6, article 10.

§ 3-218 Citrus budwood certification; fee

A. The director may direct a state citrus budwood certification program. Under the program, inspectors may:

Monitor the fumigation of blocks of citrus trees.
Monitor the transplanting of seedlings from the seed bed.
Monitor the cutting of budwood from mother blocks or other certified blocks within a twenty-four hour period.
Tag certified citrus trees with certified tags.
Map blocks in a certified nursery.
Audit records that are kept by the nursery and by private inspection associations.

B. The director may assess a fee of not more than ten cents per budwood to cover the costs of implementing the citrus budwood certification program. The director shall establish the amount of the fee by rule pursuant to a cooperative agreement among the department, private inspection associations and the university of Arizona, Yuma Mesa agricultural center. The director shall deposit revenues collected from the fee in the dangerous plants, pests and diseases trust fund established by section 3-214.01.

Article 1.1 Joint Exercise of Powers

§ 3-221 Agreements for joint exercise of powers; review by attorney general; continuing obligation

A. The director may enter into agreements with adjoining states for the joint exercise of power in the construction and operation of inspection stations or other necessary facilities within the boundaries of this state or the adjoining state and the director may contract for such construction by an adjoining state if such method is determined to be economically feasible.

B. Any such agreement made with an adjoining state shall be submitted to the attorney general who shall determine whether the agreement is in proper form and is within the powers and authority of the laws of this state.

C. No agreement made under the provisions of this article shall relieve the department of any obligation or responsibility imposed upon it by law or by the Constitution of Arizona.

D. The director may by administrative arrangement or by contract make agreements for the operation of the inspection station which are not precluded by law or the constitution.

§ 3-222 Employees assigned to adjoining state

Employees of the department who are assigned to inspection stations or other facilities operating under a joint state agreement and located within an adjoining state shall retain all rights and privileges of, and shall be subject to all laws, rules and regulations governing, other state employees.

§ 3-223 Interdivision livestock inspection

The plant services division, the animal services division and the office of inspections shall cooperate to provide livestock inspections at border inspection stations or department offices as required under section 3-1332, subsection E and to train the appropriate personnel to perform the livestock inspections.

Article 2 Seeds

§ 3-231 Definitions

In this article, unless the context otherwise requires:

"Advertisement" means all representations, other than those on the label, made in any manner relating to seed within the scope of this article.
"Agricultural seed" means the seeds of grass, forage, cereal, and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the department determines that such seed is being used as agricultural seed.
"Cease and desist order" means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed.
"Certified seed" or "registered seed" means seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized seed-certifying agency.
"Custom application" means an application of pesticide to a seed by a pesticide applicator who does not hold title to the seed.
"Dealer" means any person who sells seed.
"Division" means the environmental services division of the Arizona department of agriculture.
"Established plant, warehouse, or place of business" means any permanent office headquarters maintained by an importer, broker, seller or authorized manufacturer's agent, or any permanent warehouse, building or structure in or from which a permanent business is operated, at which stocks of agricultural seed, vegetable seed or ornamental plant seed regulated by this article are sold, distributed, processed, mixed, stored or kept.
"Hybrid" means the first generation seed of a crossbreed produced by controlling pollination and by combining two or more inbred lines, or one inbred or a single crossbreed with an open pollinated variety, or two varieties or species, except open pollinated varieties of corn (zea mays). The second generation, or subsequent generations from such crosses, shall not be regarded as crosses. Hybrid designations shall be treated as variety names. Any kinds or varieties that have pure seed which is less than ninety-five per cent but more than seventy-five per cent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid seed, or shall be labeled with a statement such as "contains from seventy-five per cent to ninety-five per cent hybrid seed". No one kind of seed shall be labeled as hybrid if the pure seed contains less than seventy-five per cent hybrid seed.
"Inoculant" means a commercial preparation containing nitrogen-fixing bacteria that is applied to seed.
"Kind" means one or more related species or subspecies which singly or collectively are known by one common name, such as corn, oats, alfalfa and timothy.
"Label" means any label or other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers and includes representations or invoices.
"Labeler" means any person whose name and address appear on the label pertaining to or attached to a lot or container of agricultural, vegetable or ornamental plant seed sold, offered for sale, exposed for sale or transported for sowing purposes.
"License" means an Arizona state seed license that is obtained from the department.
"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 which appear in the labeling.
"Noxious-weed seeds" means "prohibited noxious-weed seeds" and "restricted noxious-weed seeds" as defined as follows and as listed in the rules adopted under this article.

(a) "Prohibited noxious-weed seeds" are the seeds of perennial or annual weeds which, when established, are highly destructive and difficult to control by ordinary good cultural practice and the seed of which is prohibited by this article subject to recognized tolerances.

(b) "Restricted noxious-weed seeds" are all noxious-weed seed not classified as prohibited noxious-weed seed.

"Ornamental plant seed" means the seed of any plant used for decorative or ornamental purposes and includes flower seed.
"Person" means any individual, partnership, corporation, company, society or association.
"Pure seed", "germination" and other seed labeling and testing terms in common usage shall be defined as in the federal seed act (53 Stat. 1275; 7 United States Code sections 1551 through 1611) and the rules and regulations promulgated under that act.
"Record" means all information relating to the shipment or shipments involved and includes a file sample of each lot of seed.
"Sell" means offer for sale, expose for sale, possess for sale, exchange, barter or trade.
"Treated" means that the seed has received an application of a substance or process that is designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing from the seeds.
"Type" means either a group of varieties so similar that the individual varieties cannot be clearly differentiated except under special conditions or, when used with a variety name, seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character. If type is designated, the designation may be associated with the name of the kind but in all cases shall be clearly associated with the word "type". If the type designation does not include a variety name, it shall include a name that describes a group of varieties of similar character, and the pure seed shall be at least ninety per cent of one or more varieties all of which conform to the type designation.
"Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics by which it can be differentiated from other plants of the same kind.
"Vegetable seeds" means seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state.
"Weed seeds" means the seeds of all plants generally recognized as weeds within this state and includes noxious-weed seeds.

§ 3-232 Enforcement of article

A. The director shall enforce the provisions of this article. The director shall:

Sample, inspect, analyze and test agricultural, vegetable and ornamental plant seed transported, sold or offered or exposed for sale for sowing purposes, as provided by section 3-233 and to the extent he deems necessary to determine whether the agricultural, vegetable and ornamental plant seeds are in compliance with the provisions of this article, and he shall notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation.
Prescribe and, after public hearing following due public notice, adopt rules governing:

(a) The methods of sampling, inspecting, analyzing, testing and examining agricultural, vegetable and ornamental plant seed and the tolerances to be followed in the administration of this article that comply with the federal seed act (7 United States Code sections 1551 through 1611; 53 Stat. 1275) and the rules and regulations promulgated under that act.

(b) A prohibited and restricted noxious weed list and subsequent revisions to the list.

(d) Such other rules as are necessary to secure the efficient enforcement of this article.

Designate seed-certifying agencies which he finds qualified to certify agricultural or vegetable seeds as to variety, purity, quality or other related designations. The director shall consult with the director of the university of Arizona agricultural experiment station before approving the qualifications of any agency to certify as to variety, strain or other genetic character of agricultural or vegetable seeds.

B. The director may assign personnel from the office of inspections to perform any of the inspection-related activities prescribed by this article.

§ 3-233 Powers and duties; fees; penalty

A. For the purpose of carrying out this article, the director may:

In order to have access to seeds and the records pertaining to seeds subject to this article and the rules adopted under this article, enter upon:

(a) Any established plant, warehouse or place of business during customary business hours.

(b) Any truck or other conveyance operated on land, on water or in the air on probable cause or reasonable suspicion to believe that a violation of this article has occurred.

Issue and enforce a written cease and desist order to the owner or custodian of any lot of agricultural, vegetable or ornamental plant seed that the director finds is in violation of this article, as provided in section 3-238, and any lot or lots of seed sold, or transported for sale, that do not meet all requirements of the plant variety protection act (P.L. 91-577; 84 Stat. 1542; 7 United States Code sections 2321 through 2582).
Provide through the state agricultural laboratory for seed testing facilities, employ qualified persons and incur expenses necessary to comply with this article.
Through the state agricultural laboratory:

(a) Provide for making purity, germination, noxious weed, tetrazolium and pathology tests of seeds for farmers and dealers on request pursuant to rules prescribed by the director governing such testing.

(b) Collect charges for the tests as prescribed by the director.

Cooperate with the United States department of agriculture and other agencies in seed law enforcement.
Revoke, suspend, restrict, deny or choose not to renew a license issued under this article or fix periods and terms of probation for a license holder after a hearing at which the license holder is found by a preponderance of the evidence to have violated this article or any of the rules adopted under this article.
Establish by rule fees that are sufficient to cover the costs of interstate and international exportation inspection activities under section 3-232, subsection A, paragraph 1, but annually not more than one dollar fifty cents per acre. Monies received under this paragraph shall be deposited in the seed law trust fund pursuant to section 3-234.

B. For the purposes of this article, the director, after an opportunity for a hearing, shall establish and collect the following fees:

For a seed dealer's license, not more than fifty dollars per year.
For a labeler's license, not more than five hundred dollars per year.

C. The director shall assess a license holder who does not submit the annual license renewal fees to the department by July 1 a penalty of ten per cent of the amount of the license fee per month for not more than three months. Penalties collected under this subsection shall be deposited in the seed law trust fund pursuant to section 3-234.

§ 3-234 Seed law trust fund

A. A seed law trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected pursuant to section 3-233 shall be deposited in the seed law trust fund.

C. The beneficiary of the trust is the agricultural program established by this article. All monies in the seed law trust fund are to be spent as directed by the director to carry out the provisions of this article.

§ 3-235 Seed dealer and labeler licenses; fee; exception

A. An Arizona seed dealer or an out-of-state seed dealer who sells, distributes, processes or mixes for the use of others any agricultural, vegetable or ornamental plant seed, except vegetable and ornamental plant seed in packages of less than one pound, shall obtain a license from the division, authorizing the dealer to sell, distribute, process or mix such seed. A dealer is not entitled to have a license unless the dealer has an established plant, warehouse or place of business. A separate seed dealer license is required for each place of business in this state from which seed regulated by this article is sold.

B. A seed labeler who labels any agricultural, vegetable or ornamental plant seed for sale, distribution or processing shall obtain a seed labeler license from the division for each place of business at which seed regulated by this article is labeled.

C. An application for a license shall be accompanied by the fee prescribed by section 3-233. A license shall be renewed annually not later than July 1, and the application for renewal shall be accompanied by the fee prescribed by section 3-233.

D. This section does not apply to a farmer growing seed crops for sale to a seed dealer or labeler. The portion of crops received by an individual who harvests the producer's crop and receives part of the crop as payment for services rendered in the harvesting shall be exempt from this section.

§ 3-236 Retention of invoices and records

Each person whose name appears on the label of and handles agricultural and vegetable seeds subject to this article shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled, and keep for one year a file sample of each lot of seed after disposition of the lot. All records pertaining to the lot or lots involved shall be accessible for inspection during customary business hours. All invoices, receiving records and records of purchases must have the kind, variety and lot number of seed sold in the state of Arizona.

§ 3-237 Label requirements; rules

The director shall adopt rules to specify labeling requirements for each container of agricultural, vegetable and ornamental plant seed sold, offered for sale, exposed for sale or transported in this state for sowing purposes. The labeling requirements shall include:

Germination.
Purity.
Noxious weed content.
Precautionary statements the director considers to be necessary.
Labeler or packager information.
Seed origin.
Other issues the director considers to be necessary.

§ 3-238 Cease and desist order; appeal

A. The director may issue and enforce a written cease and desist order to the owner or custodian of any lot of agricultural, vegetable or ornamental plant seed which the director finds is in violation of any of the provisions of this article, which order shall prohibit further sale, processing and movement of the seed except on approval of the director, until the director has evidence that the law has been complied with and the director has issued a release of the seed from the cease and desist order.

B. The owner or custodian of seeds which have been denied further sale, processing and movement may request a hearing pursuant to title 41, chapter 6, article 10.

C. This section shall not be construed as limiting the right of the director to proceed as authorized by other sections of this article.

§ 3-239 Seizure and disposition of noncomplying seed

A. Any lot of agricultural, vegetable or ornamental plant seed not in compliance with the provisions of this article is subject to seizure upon complaint of the director to a court of competent jurisdiction in the locality in which the seed is located.

B. If the court finds the seed is in violation of this article and orders condemnation of the seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this state. Before the court orders such disposition of the seed, it shall first give the claimant an opportunity to apply to the court for release of the seed or permission to process or relabel it to bring it into compliance with this article.

§ 3-240 Prosecutions; classification; publication of results; injunction

A. Any person violating any provision of this article is guilty of a petty offense.

B. A person who violates any provision of this article with the intent to commit fraud is guilty of a class 6 felony.

C. When the director finds that a person has violated any of the provisions of this article, the director may institute proceedings in a court of competent jurisdiction in the locality in which the violation occurred to have the person prosecuted for the violation, or may file with the county attorney, with the view of prosecution, such evidence as the county attorney deems necessary.

D. The county attorney of the county in which the violation occurred shall institute proceedings at once against any person charged with a violation of this article if, in his judgment, the information submitted warrants such action.

E. After judgment by the court in any case arising under this article, the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he may at any time designate.

F. The director may enjoin any violation of this article in a court of competent jurisdiction without commencing any other action.

§ 3-241 Exemptions; exceptions

A. The provisions of sections 3-237 and 3-242 do not apply:

To seed or grain not intended for sowing purposes.
To seed in storage in, or being transported or consigned to a cleaning or processing establishment for cleaning or processing, if the invoice or labeling accompanying any shipment of such seed bears the statement "seed for processing," and if any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this article.
To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing agricultural, vegetable or ornamental plant seed subject to provisions of this article.

B. No person shall be subject to the penalties of this article for having sold or offered or exposed for sale in the state any agricultural, vegetable or ornamental plant seeds, which were incorrectly labeled or represented as to kind, variety, type or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration, if required, and to take such other precautions as are necessary to insure the identity to be that stated.

§ 3-242 Violations; civil penalties

A. The director may assess a civil penalty of at least fifty dollars but not more than three hundred dollars for each violation, with each affected customer constituting a separate violation, against a seed dealer or labeler who, after a hearing, is found by a preponderance of the evidence:

To have not completed the test to determine the percentage of germination required by section 3-237 immediately before the sale, offering for sale or transportation:

(a) Within a nine month period, exclusive of the calendar month in which the test was completed, for any agricultural, ornamental or vegetable seed intended for wholesale or commercial producer purchase.

(b) Within a fifteen month period, exclusive of the calendar month in which the test was completed, for any agricultural, ornamental or vegetable seed intended for retail purchase.

To have not obtained any license that is required by this article.

B. The director may assess a civil penalty of not more than two thousand five hundred dollars for each violation, with each affected customer constituting a separate violation, against a seed dealer or labeler who, after a hearing, is found by a preponderance of the evidence:

To have labeled or sold seed represented to be certified seed, registered seed or foundation seed unless it has been produced and labeled according to the rules and regulations of an officially recognized seed certification or registration agency.
To have labeled or sold seed that has been treated with any approved substance designed to control or repel plant disease organisms or insect pests attacking the seeds, unless each container bears a label giving information in the form the director prescribes by rule, showing the commonly accepted name and the kind or nature of the substance and, if the substance may be harmful to humans or other vertebrate animals, a warning or cautionary statement that is adequate to protect the public.
To have hindered or obstructed an authorized agent of the department from performing official duties under this article.
To have failed to comply with a cease and desist order.
To have labeled or sold seed that has a false or misleading label.
To have labeled or sold seed that has been advertised in a false or misleading manner.

§ 3-243 Seed labeling regulation; state preemption

The regulation and use of seeds are of statewide concern. The regulation of seeds pursuant to this article and their use is not subject to further regulation by a county, city, town or other political subdivision of this state.

Article 3 Fertilizer Materials

§ 3-261 Applicability of article

The provisions of this article shall apply to any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil. Except as provided in section 3-274, this article shall not apply to sales for export outside the state nor to sales of agricultural minerals to any licensed producer, manufacturer, importer, agent or dealer in agricultural minerals, or to sales of fertilizing materials to any licensed producer, manufacturer, importer, agent or dealer in commercial fertilizers, but such exemptions shall not relieve such licensed persons from the tonnage license fee provided for in section 3-268 when purchased fertilizing materials are used upon their own lands within this state.

§ 3-262 Definitions

A. As used in this article the substances and mixtures of substances referred to in section 3-261 are defined as follows:

"Animal manures" means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those that have been used for bedding, sanitary or feeding purposes for the animals or fowls or for the preservation of animal manure.
"Commercial fertilizer" means any substance that contains one or more recognized plant nutrients, that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, and other products exempted by rule.
"Fertilizer material" means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil.

B. In this article, unless the context otherwise requires:

"Associate director" means the associate director of the environmental services division of the Arizona department of agriculture.
"Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer.
"Bulk" means fertilizer materials delivered to the purchaser in the solid or liquid state, in a nonpackaged form to which a label cannot be attached.
"Distributor" means any person who offers for sale, sells, barters, solicits business or otherwise supplies fertilizer materials.
"Grade" means the percentage of total nitrogen, available phosphate or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. Fertilizer materials, bone meal, manures and similar raw materials may be guaranteed in fractional units.
"Manufacture" means to compound, produce, granulate, mix, blend or alter the composition of fertilizer materials.
"Mixed fertilizer" means any combination of fertilizer materials coming within the classification of commercial fertilizers.
"Official sample" means any sample of fertilizer materials taken by the associate director or the associate director's agent and designated as official by the associate director.
"Per cent" or "percentage" means the percentage by weight.
"Person" includes individual, partnership, association, firm or corporation.
"Primary plant nutrient" means total nitrogen, available phosphate or soluble potash.
"Sell" or "sale" includes exchange.
"Ton" means a net weight of two thousand pounds avoirdupois. The director may, after opportunity for hearing, define weights in the metric system.

§ 3-263 Fertilizer labeling regulation; state preemption

The provisions of this article and the rules that implement this article are of statewide concern. The labeling of fertilizers and other substances regulated pursuant to this article are not subject to further regulation by a county, city, town or other political subdivision of this state.

§ 3-264 Enforcement and administrative powers

A. The associate director may refuse to license or may cancel the license of any distributor who violates any provision of this article. The director shall review the associate director's action on request of any person adversely affected by the action.

B. The director may, after an opportunity for a hearing:

Determine and publish at least annually the values per unit of weight of nitrogen, phosphorus and potassium in commercial fertilizers in the state for the purpose of assessing penalties on commercial fertilizers under the provisions of section 3-276.
Adopt rules that the director deems necessary for the efficient administration and enforcement of this article, including the collection and examination of samples of fertilizer materials, and rules pertaining to composition and use of fertilizer materials, including, without limiting the foregoing general terms, the establishment of tolerances, deficiencies and penalties where not specifically provided for in this article.
Prohibit the sale or use in fertilizer materials of any substance proven to be detrimental to agriculture.
Provide for incorporating into commercial fertilizers other substances as pesticides and provide for proper labeling of the mixture.
Prescribe the information which shall appear on the tag, other than as specifically set forth in this article.

§ 3-265 Rules; advisory committee

A. If before adopting rules pursuant to this article, the director determines that it is necessary or desirable, the director may appoint an advisory committee pursuant to section 3-106.

B. Any licensee, distributor or person offering for sale or selling fertilizer materials in the state may propose a rule and such proposal shall be acted upon within a reasonable time, not exceeding sixty days, after it is filed. Any interested person shall have an opportunity to appear before the director in person or through an attorney for the purpose of discussing such proposed rule.

§ 3-266 Annual reports and publications; membership in professional organizations

A. The director may provide for publishing at such times and in such form as the director deems proper information concerning the sale of fertilizer materials together with such data on their production and use as the director considers advisable, and a report of the monies received and expended, but the information concerning production and use of fertilizer materials shall not disclose the operations of any one person. Reports of chemists' findings based on official samples of each brand of fertilizer material sampled and analyzed during the year as compared to the guaranteed chemical analysis for each such fertilizer material shall be published annually as promptly as possible after January 1 each year.

B. The director may authorize employees of the division to join and subscribe to any state, district, regional or national organizations or publications relating to sale and distribution or control of sale and distribution of fertilizer materials, and attend state, district, regional and national meetings relating to sale and distribution or control of sale and distribution of fertilizer materials.

C. Expenses authorized by this section shall be paid from and limited by the fertilizer materials trust fund.

§ 3-267 Inspections; official samples; analysis; report

A. The director, who may act through an authorized agent, shall sample, inspect and make analyses of fertilizer materials distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such fertilizer materials are in compliance with the provisions of this article. The director, individually or through an agent, may enter upon any public or private premises during regular business hours in order to have access to such fertilizer materials subject to the provisions of this article and the rules pertaining to this article.

B. The director, in determining for administrative purposes whether or not fertilizer materials are deficient in any of their component parts, shall be guided solely by the official sample as defined in section 3-262, subsection B, and obtained and analyzed as provided in subsection A of this section.

C. The results of official analyses of any fertilizer material that has been found to be subject to penalty or other legal action shall be forwarded by the director to the licensee or other responsible person and to the purchaser within thirty days after the sample is taken. Upon request within thirty days of the issuance of the analytical report, the director shall furnish to the licensee or other responsible person a portion of any sample found subject to penalty or other legal action.

§ 3-268 Inspection fees and reports; violations; classification

A. An inspection fee at the rate of twenty cents per ton shall be paid to the department on commercial fertilizers distributed in this state by any person subject to the following:

If more than one distributor is involved in the chain of distribution, the one who sells directly to the ultimate consumer or to a distributor exempted from a license is responsible for submitting the tonnage report and the payment of inspection fees.
Distributors exempt from a license shall not be responsible for the filing of tonnage reports or the payment of the inspection fees for products purchased from a licensee and sold in the form in which received.
No inspection fees are required for commercial fertilizers sold or exchanged between licensed manufacturers for further manufacturing or processing, or for commercial fertilizers on which the inspection fee has been paid by a previous manufacturer or distributor in the chain of distribution.
The minimum inspection fee shall be two dollars per quarter.
The director, after opportunity for a hearing, may decrease or increase the inspection fee provided in this section, but at no time shall the rate exceed twenty-five cents per ton.

B. Each person who is liable for the payment of such fee shall:

File, not later than the last day of January, April, July and October of each year, a quarterly statement, setting forth the number of net tons of commercial fertilizers distributed in this state during the preceding calendar quarter. Upon filing the statement such person shall pay the inspection fee at the rate stated in subsection A of this section. Inspection fees which are due and owing and have not been remitted to the department within thirty days following the date due shall have a penalty fee of ten per cent or ten dollars whichever is larger added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the director from taking other actions pursuant to this article.
Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial fertilizer distributed in this state. The director shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this section shall constitute cause for cancellation of any or all commercial fertilizer licenses on file for the distributor.

C. Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, analysis and other expenses necessary for the administration of this article and may also be used to grant monies for conducting research and education projects to advance the environmentally safe and agronomically sound use and handling of fertilizer material.

D. The director or any officer or employee of the state whose duties require the compilation of reports based upon the information required by this section who knowingly compiles or issues any false information or report, or who knowingly, directly or indirectly, discloses information thus obtained regarding the business of any person, except with the consent of such person, or in the form of unidentifiable totals, or as authorized by section 3-266, is guilty of a class 2 misdemeanor.

§ 3-269 Fertilizer materials trust fund

A. The fertilizer materials trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Except as provided in section 3-272, subsection B, paragraph 2, all monies collected under the provisions of this article shall be deposited in the trust fund.

C. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used solely for the purposes of this article on the order of the director.

D. The fertilizer materials trust fund shall be exempt from the provisions of section 35-190 relating to lapsing appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

§ 3-271 Restrictions upon enforcing officers

No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any fertilizer material.

§ 3-272 Commercial fertilizer license; specialty fertilizers

A. No person may manufacture or distribute commercial fertilizer in this state without a commercial fertilizer license from the division, except that no license shall be required of persons distributing only:

Commercial fertilizers to licensed manufacturers for further manufacturing.
Packaged commercial fertilizer in the original packages or containers of a licensee as packaged and labeled by the licensee.
Bulk commercial fertilizer in the form received from a licensee and labeled as required with label information furnished by the licensee, except for a net weight statement.

B. Applications for a license shall be made on forms prescribed by the director listing each business location used in the manufacture or distribution of commercial fertilizer in this state and such other information the director requires. Applications shall be accompanied by a license fee of one hundred twenty-five dollars per year for each separate place of business used in the manufacture of commercial fertilizers in this state. Applications of manufacturers or distributors having no established place of business in this state, but otherwise subject to a license under this section, shall be accompanied by a license fee of one hundred twenty-five dollars per year. All licenses issued through 1998 shall expire on the last day of February of the following year. Beginning in 1999, the director may provide by rule for licenses having a term of one or more years and may prescribe the date on which licenses expire. Licenses are not transferable and no credit or refund may be granted for licenses held for less than a full license year. Monies collected from license fees shall be allocated as follows:

Twenty-five dollars for each year of the license term shall be allocated pursuant to section 3-269.
One hundred dollars for each year of the license term shall be deposited in the water quality assurance revolving fund established by section 49-282.

C. In addition to the requirements of subsections A and B of this section, the manufacturer or distributor whose name appears on the label of a specialty fertilizer shall register each specialty fertilizer with the division. The director may provide by rule for multiyear licenses. Applications for registration shall be accompanied by a registration fee of fifty dollars per year per brand and grade of specialty fertilizer. The director may, after opportunity for hearing, decrease or increase the registration fee prescribed by this subsection but at no time shall the rate exceed one hundred dollars per year. For purposes of this subsection, "specialty fertilizer" means a commercial fertilizer which is distributed for nonfarm use, including home gardens, lawns, golf courses, parks and cemeteries.

§ 3-273 Labeling

A. Any commercial fertilizer offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed on or affixed to the container in printed form either on tags affixed to the end of the package on the sewed end or directly on the package the following information:

Name and address of licensee.
Brand name.
Grade as required by regulation.
Guaranteed analysis.
Net weight.

B. If distributed in bulk, a written or printed statement showing the net weight and the information required by paragraphs 1, 2, 3 and 4 of subsection A of this section shall accompany the delivery and be supplied to the purchaser.

C. In case of liquid materials, in lieu of stating the net weight as required in subsections A and B of this section, the net contents may be given in terms of liquid measure if the weight per gallon in terms of pounds per gallon at sixty-eight degrees Fahrenheit or the specific gravity at twenty degrees Celsius is also given.

§ 3-274 Label as warranty

Any label or descriptive tag attached to a lot, parcel or package of commercial fertilizer, agricultural mineral or other fertilizer material carrying a chemical analysis or claims for other values shall be deemed a warranty as to the things stated thereon by the person attaching the label or tag in favor of the buyer and of each successive buyer purchasing the goods relying thereon.

§ 3-275 Guaranteed analysis required in licensing and labeling

A. The guaranteed analysis of a commercial fertilizer shall state the represented percentages of nitrogen, available phosphate and soluble potash if claimed. The percentage of phosphate shall be expressed in terms of phosphorus pentoxide and the percentage of potash in terms of potassium oxide.

B. The guaranteed analysis for other commercial fertilizers shall be represented as required by rule.

§ 3-276 Deficiencies in guaranteed analysis; penalties payable to consumer

A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent, the statement of the licensee, distributor or other person, as required by this article, is not false within the meaning of this article. When the deficiency exceeds the investigational allowance, the purchaser shall be entitled to a refund based on the percentage of the deficiency.

B. If the analysis of any commercial fertilizer shows a deficiency in the guaranteed analysis in any one primary plant nutrient, a penalty shall be assessed in accordance with the following provisions:

Total nitrogen: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.
Available phosphate: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.
Soluble potash: A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.

C. The director shall establish by rule investigational allowances for plant nutrients.

D. Nothing contained in this article shall prohibit any person from appealing according to law.

E. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer material represented by the sample analyzed within three months after the date of notice from the department to the licensee or other responsible person and receipts taken therefor and promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the department. The director shall deposit, pursuant to sections 35-146 and 35-147, the penalty receipts in the state general fund.

§ 3-278 Materials containing unavailable plant food and undesirable substances

A. No person shall sell as a commercial fertilizer or as an ingredient thereof any leather, hair, hoofs, horns, wool waste or other substances containing inert plant food material unless there is affixed to every lot, parcel or package a label stating that it contains such substance.

B. No person shall sell any manure to which water or any material or substance not commonly used for bedding of domestic animals or fowls, for sanitary or feeding purposes, or for the preservation of manures, has been artificially added unless there is affixed to every lot or container delivered to a particular purchaser a statement of the fact that such artificial addition has been made.

§ 3-279 Cease and desist order

A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation of any of the provisions of this article, the director may serve the person a cease and desist order requiring such person, on receiving the notice, to immediately cease and desist from such act. The order shall be served by any method of service authorized by the Arizona rules of civil procedure.

B. After service is made upon such person of a cease and desist order, the person or the director may file an action in the superior court in the county in which a violation of this article is alleged to have occurred, for an adjudication of the alleged violation. The court may issue temporary or permanent injunctions, mandatory or restraining, and intermediate orders it deems necessary. The action shall be tried de novo.

§ 3-280 Seizure, condemnation and sale of noncomplying materials

Any lot of fertilizer material not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director to a court of competent jurisdiction in the area in which the fertilizer material is located. If the court finds the fertilizer material to be in violation of this article and orders the condemnation of the fertilizer material, it shall be disposed of in any manner consistent with the quality of the fertilizer material and the laws of the state, but in no instance shall the disposition of the fertilizer material be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer material or for permission to process or relabel the fertilizer material to conform it with this article.

§ 3-281 False or misleading statements

It is unlawful to distribute a misbranded fertilizer material. A fertilizer material is misbranded if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the fertilizer material.

§ 3-282 Short weight

If any fertilizer material in the possession of the consumer is found by the director to be short in weight, the licensee or distributor of the fertilizer material shall, within thirty days after official notice from the department, pay to the consumer a penalty equal to four times the value of the actual shortage.

§ 3-283 Violations; notice; criminal classification; injunctive relief

A. If it appears from the examination of any fertilizer material that any of the provisions of this article or the rules adopted under this article have been violated, the director shall pursue one or more of the following courses of enforcement, as appropriate:

The director may cause notice of the violation to be given to the licensee or person responsible for placing the fertilizer material on sale. Any person so notified shall be given opportunity to be heard. If the hearing officer finds, either in the presence or absence of the person so notified, that any of the provisions of this article or rules adopted under this article have been violated, the director may certify the facts to the department legal counsel or the county attorney.
The director may request the county attorney to initiate criminal prosecution under this paragraph. Any person who knowingly violates any provision of this article or the rules adopted under this article is guilty of a class 2 misdemeanor.
Nothing in this article shall be construed as requiring the director or the director's representative to report for prosecution or for the institution of seizure proceedings minor violations of this article if the director believes that the public interest will be best served by a suitable notice of warning in writing.
The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule adopted under this article notwithstanding the existence of other remedies at law.

B. Any monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-284 Exchanges between manufacturers

Nothing in this article shall be construed to restrict or avoid sales or exchanges of fertilizer materials to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale or to prevent the free and unrestricted shipments of fertilizer materials to manufacturers or manipulators.

Article 4 Arizona Organic Food Certification Program

§ 3-301 Developing and adopting the program; advisory committee

A. The director may develop and adopt by rule an Arizona organic food certification program that shall meet the requirements of the national organic program (7 Code of Federal Regulations part 205).

B. If the director establishes such a program, the director shall establish one or more advisory committees pursuant to section 3-106 to assist in developing the program.

Article 4.1 Industrial Hemp

§ 3-311 Definitions

In this article, unless the context otherwise requires:

"Agricultural pilot program" means the industrial hemp program that is designed to research the growth, cultivation and marketing of industrial hemp, hemp seeds and hemp products as authorized by this article and rules and orders adopted by the director pursuant to this article.
"Crop" means any industrial hemp that is grown under a single industrial hemp license issued by the department.
"Grower" means an individual, partnership, company or corporation that propagates industrial hemp under this article and rules and orders adopted by the director pursuant to this article.
"Harvester" means an individual, partnership, company or corporation that is licensed by the department to harvest industrial hemp for a licensed grower.
"Hemp products" means all products made from industrial hemp, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics and by-products derived from sterile hemp seed or hemp seed oil. Hemp products excludes any product made to be ingested except food made from sterile hemp seed or hemp seed oil.
"Hemp seed" means any viable cannabis sativa L. seed that produces an industrial hemp plant that is subject to this article and rules and orders adopted by the director pursuant to this article.
"Industrial hemp" means the plant cannabis sativa L. and any part of such a plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry-weight basis.
"Industrial hemp site" means the location in which a grower, harvester, transporter or processor possesses a crop, a harvested crop or hemp seed.
"License" means the authorization that is granted by the department to propagate, harvest, transport or process industrial hemp in this state under this article and rules and orders adopted by the director pursuant to this article.
"Licensee" means a grower, harvester, transporter or processor with a valid license.
"Processor" means an individual, partnership, company or corporation that is licensed by the department to receive industrial hemp for processing into hemp products or hemp seed.
"Transporter" means an individual, partnership, company or corporation that is licensed by the department to transport industrial hemp for a licensed grower to a processor.

§ 3-312 Legislative findings; purpose; authorization

A. The legislature finds and determines that developing and using industrial hemp can improve the economy and agricultural vitality of this state and that the production of industrial hemp can be regulated so as not to interfere with strict regulation of marijuana in this state.

B. The purposes of this article are:

To promote the economy and agriculture in this state by allowing institutions of higher learning and the department to develop and regulate industrial hemp as part of an agricultural pilot program for the purpose of research into the growth, cultivation and marketing of industrial hemp as authorized by the agricultural act of 2014 (P.L. 113-79; 128 Stat. 649; 7 United States Code section 5940).
To allow the commercial growth, cultivation and marketing of industrial hemp if the commercial growth, cultivation and marketing of industrial hemp is authorized by federal law, while maintaining strict control of marijuana.

C. Industrial hemp is an agricultural product that is subject to regulation by the department.

D. Industrial hemp propagation, processing, manufacturing, distribution and market research are authorized in this state under a preapproved agricultural pilot program. Hemp seed that is authorized for an agricultural pilot program shall be certified solely through the department. Unauthorized hemp seed may not be planted. Hemp seed that is derived from previously authorized hemp seed is considered authorized hemp seed for the purposes of this article.

E. If authorized under federal law, the commercial production, processing, manufacturing, distribution and commerce of industrial hemp in this state is allowed outside of the agricultural pilot program.

§ 3-313 Rulemaking; fees; intent

A. For the purposes of carrying out this article, the director shall:

Adopt rules pursuant to title 41, chapter 6 to oversee the licensing, production and management of industrial hemp and hemp seed in this state pursuant to this article.
Adopt fees by rule.
Authorize qualified applicants to propagate, harvest, transport or process, or any combination thereof, industrial hemp according to rules adopted by the director.

B. The legislature intends that the fees adopted pursuant to subsection A, paragraph 2 of this section be used to fund the department's activities in licensing, testing, inspecting and supervising industrial hemp production.

§ 3-314 Industrial hemp licenses; applications; fees; fingerprinting requirements; renewal; revocation

A. A grower, harvester, transporter or processor shall obtain an industrial hemp license from the department.

B. A grower, harvester, transporter or processor shall apply for a license pursuant to rules and orders adopted by the director.

C. An application for an original or renewal industrial hemp license shall comply with all of the following:

Be on a form that is provided by the department.
Include complete and accurate information.
Be accompanied by the license fee prescribed by the director. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this paragraph in the industrial hemp trust fund established by section 3-315.

D. An applicant shall provide proof to the department of having a valid fingerprint clearance card issued pursuant to section 41-1758.07 for the purpose of validating applicant eligibility.

E. A license issued pursuant to this section is valid for one year, unless revoked, and may be renewed as provided by the department. Rather than renewing a licensee's license every year, a licensee may renew the licensee's license every two years by paying a license fee that is twice the amount designated by the fee schedule in rule that is adopted by the director and other applicable fees. Licensees that renew every two years shall comply with any annual reporting requirements.

F. The department may revoke or refuse to issue or renew a license for a violation of any law of this state, any federal law or any rule or order adopted by the director.

G. A member of an Indian tribe may apply for a license pursuant to this section. If a member of an Indian tribe is issued a license pursuant to this section, the member is subject to the requirements prescribed in this article.

§ 3-315 Industrial hemp trust fund

A. The industrial hemp trust fund is established for the exclusive purpose of implementing, continuing and supporting industrial hemp licensing. The trust fund consists of monies received from legislative appropriations, licensing fees and all other sources under this article. The monies collected constitute a separate and permanent fund for use by the director in administering and enforcing this article.

B. The director shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and may not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.

C. The director may accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this article.

D. The beneficiary of the trust is the industrial hemp program established pursuant to this article, including salaries, fees and office, administrative, bonding and travel expenses that are incurred as a result of the industrial hemp program.

E. Any monies remaining unexpended in the trust fund on June 30 of each year shall be carried forward to the following year and do not revert to the state general fund.

§ 3-316 Recordkeeping, inspection, transportation and distribution requirements

A. A grower, harvester, transporter or processor of industrial hemp that is licensed pursuant to this article shall keep and maintain records as required by rule or order. The director or the director's designee may inspect or audit the records during normal business hours to ensure compliance with this article or any department rule or order.

B. The director or the director's designee may physically inspect an industrial hemp site to ensure compliance with this article or any department rule or order. During any physical inspection of an industrial hemp site, the director or the director's designee may take a representative sample for analysis by the state agricultural laboratory or a laboratory that is certified by the state agricultural laboratory. If a crop contains an average carboxylated delta-9 tetrahydrocannabinol concentration that exceeds three-tenths percent on a dry-weight basis or violates any other pesticide law, the department may take corrective action pursuant to section 3-317.

C. Notwithstanding section 13-3405, the director or the director's designee may possess and transport samples of cannabis sativa L. collected for testing to determine delta-9 tetrahydrocannabinol concentration for eligibility as industrial hemp.

D. Only a licensed grower, harvester, processor or transporter or the director or the director's designee may transport industrial hemp off the industrial hemp site. When transporting industrial hemp off the industrial hemp site, the licensed grower, processor or transporter shall carry the licensing documents as evidence that the industrial hemp was grown by a licensed grower. This subsection does not apply to the transportation of hemp products.

E. A licensed grower shall notify the department of all of the following:

The sale or distribution of any industrial hemp grown under the grower's license.
The name and address of the person or entity receiving the industrial hemp.
The amount of the industrial hemp sold or distributed.

§ 3-317 Corrective actions; hearing

A. The director shall adopt rules to address, correct and remediate violations of this article and rules or orders adopted pursuant to this article.

B. The director may:

Issue and enforce a written cease and desist order against a grower, harvester, transporter or processor of any industrial hemp that the director finds is in violation of this article. The order shall prohibit the further sale, processing or transportation of the industrial hemp except on approval of the director.
Issue a stop sale order.
Seize and destroy any crop, harvested crop or hemp seed that does not comply with this article or any rule or order adopted pursuant to this article.
Take any other action to enforce this article and the rules and orders adopted pursuant to this article.

C. A person who violates this article or any rule or order adopted pursuant to this article may request a hearing before an administrative law judge pursuant to title 41, chapter 6, article 10. The decision of the administrative law judge is subject to review by the director as provided by title 41, chapter 6, article 10. A request pursuant to this subsection does not stay a cease and desist order issued pursuant to this section.

§ 3-318 Industrial hemp advisory council; members; duties

A. The director shall establish by rule or order an industrial hemp advisory council to assist and make recommendations to the director regarding the administration and implementation of this article. The director shall appoint five members to the council, including one public member.

B. The industrial hemp advisory council shall:

Advise the director regarding expenditures from the industrial hemp trust fund.
Provide additional assistance as the director deems necessary.

§ 3-319 Violations; classification; civil penalties

A. In addition to any liability established by this article or any penalty provided by law, the director may impose a civil penalty of not more than five thousand dollars for each violation of any of the following:

A licensing requirement.
A license term or condition.
A rule or order adopted by the director that relates to propagating, harvesting, transporting or processing industrial hemp.

B. A person who intentionally violates this article or any rule or order related to this article is guilty of a class 1 misdemeanor.

C. A person who does not hold a license issued by the department or who is not a designee or agent of a person who holds a license issued by the department may not propagate, harvest, transport or process industrial hemp. A person who violates this subsection is subject to section 13-3405.

§ 3-320 Affirmative defense

A. It is an affirmative defense to any prosecution for the possession or cultivation of marijuana pursuant to title 13, chapter 34 that the defendant is a licensee, or a designee or agent of a licensee, who is in compliance with this article.

B. This section is not a defense to a charge of possession, sale, transportation or distribution of marijuana pursuant to title 13, chapter 34 that is not industrial hemp.

Article 5 Pesticides

§ 3-341 Definitions

For the purposes of this article:

"Active ingredient" means an ingredient that will prevent, destroy, repel or mitigate pests or that will act as a plant regulator, defoliant or desiccant.
"Adulterated" means any pesticide the strength or purity of which falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.
"Animal" means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish and shellfish.
"Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
"Associate director" means the associate director of the environmental services division.
"Beneficial insects" means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial.
"Defoliant" and "desiccant" means any substance or mixture of substances intended for killing or artificially accelerating the drying of plant tissues, with or without causing abscission.
"Device" means any instrument or contrivance intended for trapping insects, and includes any instrument or contrivance intended for destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi or weeds, or such other pests as may be designated by the director, but not including equipment used for the application of pesticides when sold separately therefrom.
"Distribute" means to offer for sale, hold for sale, sell or barter pesticides for use in this state.
"Division" means the environmental services division of the Arizona department of agriculture.
"Fungi" means all non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds and yeasts, except those on or in living humans or other animals.
"Inert ingredient" means an ingredient that is not an active ingredient.
"Ingredient statement" means a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide.
"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.
"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.
"Labeling" means all labels and other written, printed or graphic matter:

(a) Upon the pesticide or device or any of its containers or wrappers.

(b) Accompanying the pesticide or device at any time.

(c) To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading 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.

"Misbranded" applies:

(a) To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients that is false or misleading in any particular.

(b) To any pesticide:

(i) If it is an imitation of, or is offered for sale under the name of, another pesticide.

(ii) If the labeling accompanying it does not contain directions for use that are necessary and, if complied with, adequate for the protection of the public.

(iii) If the label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to living humans and other vertebrate animals.

(iv) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package that is presented or displayed under customary conditions of purchase.

(v) If any word, statement or other information required by or under the authority of this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(vi) If used as directed or in accordance with commonly recognized practice, it is injurious to living humans or other vertebrate animals or vegetation, other than the pest to which it is applied, or to the person applying such pesticide.

"Nematode" means invertebrate animals of the phylum nemathelminthes and class nematode, including unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants or plant parts.
"Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not.
"Pest" means:

(a) Any weed, insect, vertebrate pest, nematode, fungus, virus, bacterium or other pathogenic organisms.

(b) Any other form of terrestrial or aquatic plant or animal life, except virus, bacterium 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.

"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.

"Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.
"Registrant" means the person registering any pesticide pursuant to this article.
"Weed" means any plant that grows where it is not wanted.

§ 3-343 Enforcement and administrative powers

A. This article shall be administered and its provisions and all rules adopted under this article shall be enforced by the associate director.

B. The director may, after a hearing:

Declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles or substances.
Determine whether or not pesticides present an unreasonable risk to humans.
Determine standards of coloring or discoloring for pesticides, and subject pesticides to the requirements of section 3-352.

C. The director may, after a hearing, make rules concerning safety in the distribution and sale of pesticides or devices.

D. All rules adopted under authority of this article shall be divided into two classes to be known as "technical rules" and "administrative rules", such rules to be filed in the office of the secretary of state and subject to judicial review.

E. The director may adopt administrative and technical rules deemed necessary to effectuate the purposes of this article, but only after a hearing.

§ 3-344 Advisory committee; membership; appointment; duties; uniformity of labeling and standards of pesticides

A. The director may appoint an advisory committee as needed to assist and advise the director and associate director in adopting technical rules. The director shall designate the chairman. Meetings of the committee shall be held upon call of the associate director or director. Members of the committee shall serve without compensation, but shall be entitled to reimbursement for expenses of travel and subsistence incurred in the performance of their duties, which shall be paid from and limited by the pesticide trust fund.

B. In order to avoid confusion endangering the public health, which would result from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the public due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end, the director may after a hearing adopt rules applicable to and in conformity with primary standards established by this article as have been or may be prescribed by federal agencies with respect to pesticides.

§ 3-345 Publications; membership in professional organizations

A. The department may publish, at such times and in such forms as the director deems proper, information concerning the production and use of pesticides and reports of chemists' findings based on official samples taken of pesticides sold within the state as compared with guaranteed analyses registered under section 3-351.

B. The director may authorize employees of the department to:

Join and subscribe to any state, district, regional or national organizations or publications relating to and dealing with pesticides.
Attend state, district, regional and national meetings relating to pesticides that in the director's discretion may be necessary or for the best interests of those affected by this article.

C. Expenses authorized by this section shall be paid from and limited by the pesticide trust fund.

§ 3-346 Agreements with other agencies and states

The director with the advice of the associate director may cooperate with and after a hearing enter into agreements with any other agency of this state, the United States government, and any other state or agency thereof for the purpose of carrying out the provisions of this article and securing uniformity of regulations.

§ 3-347 Delegation of duties

All authority vested in the director under this article may with like force and effect be executed by his authorized representatives as he designates for such purpose.

§ 3-349 Restrictions upon enforcing officers

No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any pesticide.

§ 3-350 Pesticide trust fund

A. The pesticide trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Except as provided in section 3-351, subsection D, paragraph 2, all monies collected under the provisions of this article shall be deposited in the trust fund.

C. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used solely for the purposes of this article on the order of the director.

D. The pesticide trust fund shall be exempt from the provisions of section 35-190 relating to lapsing appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

§ 3-350.01 Experimental use permits

The division may issue an experimental use permit to any public or private research agency or educational institution for the purpose of experimentation. All experimental use permits shall contain provisions for the review and monitoring of the use allowed by the permit under rules of the department.

§ 3-351 Registration; fee; confidential information

A. Every pesticide that is distributed shall be registered with the division. The director may provide by rule for registrations having a term of one or more years and may prescribe the date on which registrations expire.

B. The registrant shall file with the division a statement including:

The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.
The name of the pesticide.
A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it including directions for use. If the registrant distributes labels in a language in addition to English, the registrant shall provide a copy of both labels with a signed statement that the label directions have the same meaning and provide the same use directions as on the written English label.
If requested by the division, a full description of the tests made and the results of those tests on which the claims are based.

C. For a renewal of registration:

A statement shall be required only with respect to information that is different from that furnished when the pesticide was registered or last reregistered.
If requested by the director, a complete copy of labeling shall be submitted.

D. Any person desiring to register under this article shall pay to the division a registration fee of one hundred dollars per year for each pesticide. The monies collected from registration fees shall be allocated as follows:

Twenty-five dollars for each year of the registration term shall be allocated pursuant to section 3-350.
Seventy-five dollars for each year of the registration term shall be deposited in the water quality assurance revolving fund established by section 49-282.

E. All federal, state and county offices shall register without fee all pesticides sold at cost by them.

F. If the director deems it necessary in the administration of this article, the director may require the submission of the complete formula of any pesticide or the confidential statement of formula and the analytical methods for the analysis of the active ingredients in the formulation. For any product having a federal registration, the director may request, on reasonable cause, the analytical methods for the analysis of residues of the active ingredients of the pesticide in environmental media provided that this information has been developed by the applicant and submitted to the United States environmental protection agency. Information provided by the applicant pursuant to this section shall be afforded applicable trade secret and confidentiality protections. Other products exempted from federal registration requirements and required to be registered under this section shall be subject to this subsection.

G. If it appears to the director that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of section 3-352, the division shall register the article. If the director finds that the pesticide does not warrant the proposed claims, the director may request a full description of the tests conducted and the results of the tests on which the claims are based. If the pesticide or its labeling and other material that are required to be submitted do not comply with this article, the director shall notify the applicant of the manner in which the pesticide, labeling or other material fails to comply with the law to afford the applicant an opportunity to make the necessary corrections. If the applicant does not make the corrections and cannot support the claim on the label, the director may refuse to register the pesticide.

H. In submitting data required by this article, the applicant shall clearly mark any portions that are trade secrets or commercial or financial information. The applicant shall identify as confidential information any such marked material and submit it separately from other material required to be submitted under this article. The information shall be kept confidential by the department unless written permission to release the information is granted by the registrant or on order of a court of jurisdiction.

I. In order to protect the public, the associate director, after a hearing, may cancel the registration of a pesticide. The associate director shall cancel the registration of a pesticide on notification by the director of environmental quality pursuant to section 49-306 or 49-309.

J. Notwithstanding any other provision of this article, registration is not required in the case of a pesticide shipped from one plant within the state to another plant within the state operated by the same person.

K. A registrant who discontinues distribution of a pesticide shall continue its registration in this state for three years after the discontinuation to allow the remaining product to move through the channels of trade. The registrant shall notify the appropriate entities within the channels of trade of the effective date of the discontinuation.

§ 3-352 Prohibited acts

A. It is unlawful for any person acting independently or as agent to distribute:

Any pesticide that has not been registered pursuant to section 3-351, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration, but at the discretion of the director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.
Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one, through which the required information on the immediate container cannot be clearly read, a label bearing:

(a) The name and address of the manufacturer, registrant or person for whom manufactured.

(b) The name, brand or trademark under which the article is sold.

Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in section 3-343, unless the label bears, in addition to any other matter required by this article:

(a) Warning statements or symbols required by regulation.

(b) A statement of a practical treatment, first aid or otherwise in case of poisoning by the pesticide.

Any pesticide that is adulterated or misbranded, or any device that is misbranded.
Any pesticide the label of which does not contain necessary information, which information the director has prescribed by rule.

B. It is unlawful:

For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this article or rules adopted under this article, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this article.
For any person to use for his own advantage or to reveal, other than to the director or proper officials or employees of the state or to the courts of the state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 3-351.

§ 3-353 Exemptions

A. The penalties provided for violations of subsection A of section 3-352 shall not apply to:

Any carrier while lawfully engaged in transporting a pesticide within the state, if such carrier, upon request, permits the director or a designated agent to copy all records showing the transactions in and movement of the articles.
Public officials of the state and the federal government engaged in the performance of their official duties.
The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of the state or of the federal government authorized by law to conduct research in the field of pesticides.

B. No article shall be deemed in violation of this article when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this article shall apply.

§ 3-354 Cease and desist orders; condemnation and destruction or sale of noncomplying pesticides or devices

A. When the director finds from investigation that any pesticide or device being distributed or delivered for transportation or transported in intrastate commerce or between points within the state through any point outside this state does not meet the requirements of this article as follows, the director may take the action prescribed by subsection B of this section:

In the case of a pesticide:

(a) If it is adulterated or misbranded.

(b) If it has not been registered, if necessary, under section 3-351.

(d) If it is a white powder pesticide and is not colored as required under this article.

In the case of a device, if it is misbranded.

B. Upon the discovery of any of the facts set forth in subsection A of this section:

The director may serve the person violating this article with a cease and desist order requiring the person, on receiving the notice, to immediately cease and desist the violation. The order shall be served by any method of service authorized by the Arizona rules of civil procedure.
The department may issue and serve a written cease and desist order on the owner or custodian of any pesticide or device found to be in violation of this article. The pesticide or device shall not be sold, used or removed until this article has been complied with and the pesticide or device has been released in writing by the director or the violation has been otherwise disposed of as provided in this article by a court of competent jurisdiction.
If the director discovers any pesticide or device that is in violation of this article, and the owner or custodian is not available for service of the order, the director may attach the order to the pesticide or device and the pesticide or device shall not be sold, used or removed until this article has been complied with and the pesticide or device has been released in writing by the director or the violation has been otherwise disposed of as provided in this article by a court of competent jurisdiction.

C. After a cease and desist order is served on any person, either that person or the director may file an action in the superior court in the county in which a violation of this article is alleged to have occurred for an adjudication of the alleged violation. The court may issue temporary or permanent injunctions, mandatory or restraining, and intermediate orders it deems necessary or advisable. The court may order condemnation of any pesticide or device that does not meet the requirements of this article. The action shall be tried de novo.

D. If the article is condemned, it shall be disposed of, after entry of decree, by destruction or sale as the court directs, and the proceeds, if the article is sold, less legal costs, shall be paid into the pesticide trust fund. On payment of costs and execution and delivery of a good and sufficient bond conditioned so that the article shall not be disposed of unlawfully, the court may direct that the article be delivered to the owner of the article for relabeling or reprocessing as the case may be.

E. When a decree of condemnation is entered against the article, court costs, fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.

§ 3-355 Enforcement procedures

A. The results of official analyses of any pesticide which has been found to be subject to penalty or other legal action shall be forwarded by the department to the registrant or other responsible person and to the purchaser forthwith. Upon request within thirty days of issuance of the analytical report, the department shall furnish to the registrant or other responsible person a portion of any sample found subject to penalty or other legal action. If it appears from such examination that a pesticide or device fails to comply with the provisions of this article, and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to such person. Persons so notified shall be given an opportunity to present their views, either orally or in writing, with regard to the contemplated proceedings. If thereafter in the opinion of the director it appears that the provisions of the article have been violated by such person, the director shall refer a copy of the results of the analysis or the examination of such article to the department counsel.

B. Nothing in this article shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of this article when the director believes that the public interests will be best served by a suitable notice of warning in writing.

C. The director shall, by publication, give notice of all judgments entered in actions instituted under the authority of this article.

§ 3-356 Violations; criminal classification; injunctive relief

A. Any person violating any provision of this article is guilty of a class 3 misdemeanor. A registrant who violates any provision of this article after having been issued a warning pursuant to this article is guilty of a class 1 misdemeanor.

B. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule adopted under this article notwithstanding the existence of other remedies at law.

C. If any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of section 3-351, the person is guilty of a class 1 misdemeanor.

D. Any monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

Article 6 Pesticide Control

§ 3-361 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the division.
"De minimis violation" means a violation which, although undesirable, has no direct or immediate relationship to safety, health or property damage. Repeated de minimis violations constitute a nonserious violation.
"Division" means the environmental services division of the Arizona department of agriculture.
"Nonserious violation" means a violation that may have had a direct or immediate relationship to safety, health or property damage, but which 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.
"Paraquat" means the pesticide dimethyl-dipyridinium dichloride.
"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.
"Pesticide use" means the sale, processing, storing, transporting, handling or applying of a pesticide and disposal of pesticide containers.
"Restricted use pesticide" means a pesticide classified as such by the United States environmental protection agency.
"Serious violation" means a violation of this article or a rule adopted under this article which 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, know of such safety or human health risk, in which case the violation is nonserious.

§ 3-362 Powers and duties

A. The director is responsible for administering this article and shall:

Conduct investigations, on complaint and on his own initiative, regarding violations of this article and compile information necessary to administer this article.
Take timely action necessary to enforce this article against violators including seeking injunctive relief and other penalties and sanctions authorized by this article.
Publish a list of pesticides, by common and proprietary names, which the director determines to be highly toxic, odoriferous, such as profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics, or otherwise appropriate for inclusion and shall include in that list paraquat and gramoxone.
Submit to the United States environmental protection agency a state plan for issuing, monitoring, and controlling experimental use permits pursuant to section 5 of the federal insecticide, fungicide, and rodenticide act (7 United States Code section 136c(f)).
Develop systems and procedures to encourage and ensure public contact with the department, which may include:

(a) A telephone hotline for pesticide complaints, which is operated and publicized by the department.

(b) Outreach and education programs to inform the general public and solicit input regarding pesticide use and public health, safety and the environment.

B. The director may enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3 if the agreement is necessary to more effectively administer the powers and duties described in this article.

§ 3-363 Rules

The director shall adopt rules to regulate pesticides that include provisions to:

Administer and implement this article.
Prescribe measures to control, monitor, inspect and govern pesticide use.
Prohibit or restrict pesticide use.
Restrict the areas in which pesticide use may occur.
Prescribe minimum qualifications for all persons who engage in pesticide use, including, as appropriate, requirements that the persons have valid licenses, permits or certificates, have adequate training, including continuing education requirements, and meet financial responsibility standards.
Prescribe appropriate recordkeeping and reporting requirements regarding pesticide use, except that the recordkeeping and reporting requirements for growers and certified private applicators who apply pesticides shall be equivalent to, but not more stringent than, the requirements prescribed under the federal insecticide, fungicide and rodenticide act (61 Stat. 163) and the food, agriculture, conservation and trade act of 1990 (P.L. 101-624; 104 Stat. 3359).
Prohibit pesticide use that is inconsistent with the pesticide label as required under the federal insecticide, fungicide and rodenticide act (61 Stat. 163).
Exempt from regulation under this article pesticide use that is regulated in chapter 20 of this title.
Issue licenses, permits and certificates for pesticide use, as appropriate, having terms of one or more years.
Charge and collect the following fees for each permit, license and certification under this article:

(a) Not more than twenty dollars per year for a grower permit.

(b) Not more than one hundred dollars per year for a seller permit.

(d) Not more than fifty dollars per year for a pilot license.

(e) Not more than fifty dollars per year for a pest control advisor license.

(f) Not more than twenty-five dollars per year for a piece of equipment used to apply pesticides by a custom applicator.

(g) Not more than fifty dollars per year for restricted use certification.

(h) Not more than the amount set by the director by rule for a license or certificate for pesticide use on golf courses.

Establish a nonexclusive list of acts and omissions that constitute serious, nonserious and de minimis violations of this article.
Establish a system of administrative penalties and fines for violations of this article and any rules adopted under this article. Under this system:

(a) Violators shall be assessed a number of points for each violation, depending on such factors as:

(i) Potential and actual consequences of the violation on public and worker health and safety and the environment.

(ii) The wrongfulness of the conduct.

(iii) The degree of culpability of the violator.

(iv) The duration of the violation.

(v) Prior violations or citations.

(b) Penalties shall be assessed depending on the number of points accrued by the violator.

§ 3-363.01 Reporting requirements; interagency agreement

A. The director of the Arizona department of agriculture may enter into an interagency agreement with the department of environmental quality to allow the director to collect the pesticide reports required pursuant to section 49-305, subsection B.

B. Rules adopted by the director pursuant to section 3-363, paragraph 6 shall not prevent the director from collecting the pesticide reports required pursuant to section 49-305, subsection B as a part of any interagency agreement entered into with the department of environmental quality.

§ 3-364 Inspection powers; notice

A. The director may enter at reasonable times into or on or through any public or private property for the purpose of ascertaining compliance or noncompliance with any rules or orders adopted or issued under this article. If practicable, and if notice will not inhibit the director's ability to enforce this article, the director or the director's agent shall notify the owner, operator or lessee of the property when entering on the property.

B. Within five days after the inspection the director shall inform any alleged violator in writing if the director anticipates an enforcement action. The notice of a potential enforcement action shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-368, subsection F. If in the course of an investigation the department identifies any additional alleged violator, the director shall inform the additional alleged violator within five days of initiating the new investigation. The notice of a potential enforcement action against the additional alleged violator shall indicate the nature of the alleged violation and the last possible date for issuing a citation or notice of de minimis violation under section 3-368, subsection F. If the director does not issue a notice of a potential enforcement action, the director shall inform the alleged violator within fifteen days after the inspection that the director does not anticipate any enforcement action.

§ 3-365 Buffer zones

A. The odoriferous pesticides profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics shall not be applied within one-fourth mile of a school, child care facility, a health care institution that meets the requirements of section 36-421, subsection D, a child care group home as defined by section 36-897 or at least twenty-five residences adjoining the field to be sprayed, except by soil injection.

B. Highly toxic pesticides or paraquat shall not be applied within four hundred feet of a health care institution that meets the requirements of section 36-421, subsection D, except by soil injection.

C. Highly toxic pesticides or paraquat shall not be applied in liquid form, except by soil injection, within one hundred feet by aircraft or within fifty feet by ground equipment of at least twenty-five residences adjoining the field to be sprayed. Highly toxic pesticides shall not be applied in dust form by aircraft within three hundred feet of at least twenty-five residences adjoining the field to be sprayed.

D. Highly toxic pesticides and paraquat may be applied within one-fourth mile of schools, child care group homes, and child care facilities only if authorized activities at the school, child care group home or child care facility are not scheduled to occur before the reentry time period assigned to the pesticide by provisions of the product label elapses. A responsible individual at a school, a child care group home or a child care facility shall be notified of the application of pesticides, other than highly toxic pesticides or paraquat, by aircraft during daylight hours.

E. Nothing in this section permits the application of pesticide in such a way as to cause drift within the grounds of a residence, school, health care institution, child care group home, or child care facility, but compliance with this section and the requirements of the pesticide label establishes a presumption of compliance with this subsection.

F. For the purposes of this section, distances shall be measured from the property boundary of a school, residence, child care facility, child care group home, or health care institution closest to the field to be sprayed to the area of the field that is to be sprayed.

§ 3-366 Pesticide management areas

A. The director shall designate pesticide management areas. Pesticide management areas may be urban areas that are adjacent to farmlands and have a history of concerns known by the department regarding nearby aerial pesticide applications. The director may adopt rules for designating pesticide management areas.

B. If possible at least twenty-four hours before applying a pesticide listed by the director under section 3-362, subsection A, paragraph 3 by aircraft in a pesticide management area the applicator shall notify the department. In any event, every reasonable attempt shall be made to notify the department before every application of pesticide in a pesticide management area.

§ 3-367 Private right of action

A. Except as provided in subsection B of this section, any person having an interest that is or may be adversely affected may commence a civil action in superior court on the person’s own behalf:

Against any person, including this state and any political subdivision of this state, who is alleged to be in violation of this article or of an order, permit or rule adopted or issued pursuant to this article other than a de minimis violation. The court shall have jurisdiction to enforce the provision, order, permit or rule and to apply any appropriate civil penalty under section 3-370.
Against the director where there is alleged a failure of the director to perform any act or duty under this article that is not discretionary with the director. The court shall have jurisdiction to order the director to perform such act or duty.

B. No action may be commenced in either of the following cases:

Before sixty days after the plaintiff has given notice of the alleged violation to the department and to any alleged violator or if, within the sixty days, the director begins and diligently performs the act or duty sought to be compelled.
If the attorney general has commenced and is diligently prosecuting an action before the department under section 3-368 or a civil action in the superior court of this state to require compliance with the permit, order, rule or provision of this article.

C. In any action under this section:

The director, if not a party, may intervene as a matter of right.
The plaintiff has the burden of proof.

D. The court, in issuing any final order in any action brought pursuant to this section, may:

Award costs of litigation, including reasonable attorney and expert witness fees, to any party whenever the court determines such award is appropriate and, in addition, to the defendant in the case of a frivolous action.
Provide for injunctive or other equitable relief or assess civil penalties that could have been administratively assessed. Any monies collected as civil penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

E. This section shall not be construed to abrogate the provisions of chapter 1, article 2 of this title.

§ 3-367.01 Report of loss, damage or nonperformance; effect of failure to file

A. A person suffering loss, damage or nonperformance on any agricultural, ornamental or silvicultural crop resulting from the use or application by others of a pesticide or a method or device for applying pesticides shall file with the department and with the person or persons who are alleged to have caused the loss, damage or nonperformance a written report as prescribed by subsection B within the following times:

For a growing crop, within thirty days after the damage is noticed or before fifty per cent of the affected portion of the crop is harvested.
For a crop if damage is not visible during growing, within fifteen working days after the damage was visible at harvest.
For a crop if damage was not visible during growing or at harvest and the crop is sold by the farmer, within fifteen working days after the farmer is notified of the damage by the buyer.

B. The report shall include, so far as is known to the claimant:

The name and address of the claimant.
The type, kind and location of property allegedly injured or damaged.
The date the alleged loss, damage or nonperformance occurred.
The name of the person allegedly responsible for the loss, damage or nonperformance.
The suspected pesticide or action that caused the loss, damage or nonperformance.
The name of the owner or occupant of the property on which the loss, damage or nonperformance occurred.

C. The failure to report damage as required under this section is prima facie evidence that no loss occurred.

§ 3-367.02 Notification by beekeepers of bees located in a commercial agricultural area

A. Before locating bees on an apiary site, the owner of the bees shall obtain the landowner's or lessee's permission and notify in writing persons engaged in commercial agriculture on whose land the bees may forage. The notice shall include the beekeeper's address and telephone number, the location of the hives within a quarter section and the exact dates that the bees will be in the area.

B. After receiving the notice required by subsection A, the person who engages in commercial agriculture shall inform the beekeeper, before application, when a bee sensitive pesticide will be applied to the area in which the bees are foraging.

C. A failure by the beekeeper or the owner of the bees to notify the person or persons who engage in commercial agriculture as provided by subsection A constitutes prima facie evidence that no loss occurred due to a pesticide application and no pesticide violation related to bees has occurred.

§ 3-368 Enforcement; consultation with attorney general; citations and notices of violation

A. The director is responsible for enforcing this article and shall receive and shall promptly and efficiently process all complaints regarding pesticide use. The director shall furnish to the attorney general a copy of each complaint filed under this article and copies of all investigative reports, citations, hearing notices and other action or pending action documents. Before a final disposition of a pesticide complaint the director and the attorney general shall jointly review the case to ensure that proper action is taken and to determine whether additional action or prosecution is required.

B. The director shall notify all persons who submit complaints alleging violations of this article or rules adopted pursuant to this article of the progress, status and disposition of their complaints.

C. If the director investigates an alleged violation under this article and rules adopted pursuant to this article and determines that the violation did not result in any adverse health effects or property damage, the director may issue a letter of warning. A letter of warning issued pursuant to this subsection is not subject to section 3-363, paragraph 12.

D. If the director following an inspection or investigation determines that a de minimis violation occurred, the director shall issue a notice of de minimis violation and maintain a record of the violation for three years. A person receiving a notice of de minimis violation may request a hearing pursuant to title 41, chapter 6, article 10.

E. If the director following an inspection or investigation determines that a nonserious or serious violation occurred, the director shall issue a written citation. The citation shall be issued within twenty days for a nonserious violation or within ten days for a serious violation. Each citation shall contain the following:

A particular description of the nature of the violation, including a reference to the provision of this article.
A reasonable time to abate the violation or take appropriate action.
A notice of the right to a hearing pursuant to title 41, chapter 6, article 10.

F. No citation or notice of de minimis violation may be issued after the expiration of six months from the date of the inspection which produced evidence of the violation. If in the course of an investigation the department identifies any additional alleged violator, the department may investigate the additional alleged violator. No citation or notice of de minimis violation may be issued after the expiration of six months from the date any additional alleged violator is identified by the department.

§ 3-370 Civil penalty; criminal violation; classification

A. A person who, after a hearing, is found to have caused a nonserious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension, revocation, nonrenewal or denial of a permit, license or certification. Additionally, a person may be subject to a civil penalty of not to exceed five hundred dollars for each nonserious violation.

B. A person who, after a hearing, is found to have caused a serious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension, revocation, nonrenewal or denial of a permit, license or certification. Additionally, the person may be subject to a civil penalty of not more than ten thousand dollars for each serious violation.

C. In addition to civil penalties prescribed by this section, a person who knowingly commits:

A nonserious violation of this article is guilty of a class 1 misdemeanor.
A serious violation of this article is guilty of a class 6 felony.

D. Actions to recover penalties under subsection C shall be brought by the attorney general in the name of this state in the superior court in the county in which the violation occurred or in a county in which the department maintains an office.

§ 3-371 Cease and desist order

The director of the Arizona department of agriculture or the director of the department of health services may issue a cease and desist order for not to exceed twenty-four hours, or until an administrative hearing is held, to terminate the application of pesticides if either or both find that an imminent and serious hazard to the public health and safety exists. The order is immediately effective. The order shall also set a time, but not later than twenty-four hours after the date and time of the order, for the hearing on the order. If evidence produced at the hearing shows that the order was unreasonable and that public health and safety were not threatened or that conditions have changed making the order unnecessary, the order shall be revoked. Except as provided in section 41-1092.08, subsection H, a party to the final administrative decision on the cease and desist order may obtain judicial review pursuant to title 12, chapter 7, article 6.

§ 3-372 Emergency use of pesticides

During a time when a person's license, permit, certificate or registration is under suspension or revocation or an order has been issued, a person requiring the application of a pesticide may apply to the director for emergency relief. If the director determines that an emergency exists which requires an application of pesticide, the director may authorize an application of pesticide under supervision and under conditions prescribed by the director. The cost of such supervision shall be borne by the person whose permit or license is suspended or revoked or on whom an order has been issued. The director shall adopt guidelines on what constitutes an emergency.

§ 3-373 Annual pesticide report

The associate director shall submit an annual report to the director, the governor and the legislature on or before October 1 each year containing the following information for the preceding fiscal year relating to the division's activities under this article:

The number of full-time employee positions in the division that are authorized and filled for regulating pesticides as of June 30.
A brief summary of rules proposed or adopted during the reporting period.
The number of persons having each type of permit, certificate, license and registration issued as of June 30.
The number of persons whose permits, certificates, licenses or registrations were revoked, suspended or otherwise altered in status with brief statements of the reasons for the revocation, suspension or alteration.
The number of written complaints and other communications received by the division which allege a violation of this article or a rule adopted under this article.
A summary, by specific category, of the substance of the complaints and communications referred to in paragraph 5 of this section and, for each specific category, the responses or dispositions of those complaints.
A compilation, based upon reports filed in compliance with rules adopted pursuant to section 3-363, of the amount, frequency and type of pesticides used in this state by specific categories of acute toxicity and including but not limited to identification of pesticides which:

(a) Are known by the administrator of the federal environmental protection agency to require special application procedures to protect endangered species or which contain ingredients or produce degradation products that are carcinogenic, mutagenic or teratogenic.

(b) Are extremely hazardous substances listed pursuant to section 302 of the superfund amendments and reauthorization act or title III of the clean air act as amended.

Based on reports received from pesticide users and reports prepared pursuant to paragraphs 4, 5 and 6 of this section, specific recommendations regarding statutory or administrative changes to improve pesticide regulation in this state considering environmental and public health and safety factors.
Any other information which the associate director believes is useful in reviewing the division's activities.

§ 3-374 Availability of information to the public

A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the department, shall be available to the public, except that the information, or a particular part of the information, shall be considered confidential on either:

A showing, satisfactory to the director, by any person that the information, or a particular part of the information, if made public, would divulge the trade secrets of the person.
A determination by the attorney general that disclosure of the information, or a particular part of the information, would be detrimental to an ongoing investigation by the director.
A determination by the attorney general that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this article in superior court.

B. Notwithstanding subsection A of this section, the following information shall be available to the public:

The name and address of any permit applicant or permittee.
Information contained in or derivable from the pesticide label or the relevant safety data sheet.

C. Notwithstanding subsection A of this section, the director may disclose any records, reports or information obtained from any person under this article, including records, reports or information obtained by the department, to:

Other state employees concerned with administering this article or if relevant to any administrative or judicial proceeding under this article.
Employees of the United States environmental protection agency if such information is necessary or required to administer and implement or comply with applicable federal law.

§ 3-375 Preservation of rights

This article shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law, criminal or civil, nor shall any provision of this article, or any act done by virtue of this article, be construed so as to estop any person, this state or any political subdivision of this state, or owners of land having groundwater or surface water rights or otherwise, from exercising their rights or, under the common law or statutory law, from suppressing nuisances or preventing injury due to pesticide use.

§ 3-376 Discrimination prohibited

A. No person may intimidate, threaten, restrain, coerce, blacklist, discharge or in any manner discriminate against any person because that person has filed a complaint or instituted, or caused to be instituted, a proceeding under this article or has testified or is about to testify in such a proceeding or has exercised, on behalf of himself or others, any right or protection afforded by this article.

B. A person who believes he has been discriminated against in violation of this section may, within one hundred eighty days after the violation, file a complaint with the attorney general. On receipt of the complaint, the attorney general may investigate as he deems appropriate. If, after investigation, the attorney general determines that this section has been violated, he may bring an action in superior court against any alleged violator.

C. In an action brought under this section, the court has jurisdiction to restrain a violation and order any appropriate relief, including rehiring or reinstatement of a person, with back pay and double damages.

§ 3-377 Local regulation

The provisions of this article and the rules which implement this article are of statewide concern and are not subject to further local regulation.

Article 6.1 Integrated Pest Management Program

§ 3-381 Integrated pest management program

A. An integrated pest management program is established in the Arizona department of agriculture for the purposes of managing insects, diseases, nematodes, weeds and rodents, educating the public and agricultural community and integrating crop management and cultural practices, field scouting, economic thresholds and chemical and biological control to reduce the use of chemical pesticides.

B. The integrated pest management program shall include instruction, research and development components. These components shall be developed and administered in a manner which encourages the following:

Expanded research on biological and cultural pest management technologies and on crop and pest resistance technologies.
Use of sampling methods, economic thresholds, monitoring technology, pest forecasting and the effects of weather on pest and crop parameters.
Delivery of current and new integrated pest management technology to the agricultural industry through cooperative extension.
Minimized levels of pesticides in feed, food and the environment.
Minimized economic losses due to crop, animal and stored grain pests.

§ 3-382 Program structure; responsibilities

A. The integrated pest management program shall include programs for pest management and the impact of pest management in the following areas, listed in order of priority:

Cotton, grain and forage production.
Livestock, fruit, nut, vegetable and ornamentals production.

B. The integrated pest management program shall:

Develop systematic insect, disease and weed pest management strategies for use on farms in this state which integrate management tactics into environmentally compatible and economically sound systems to be used by producers, extension personnel and private enterprise.
Obtain information regarding crop, animal and stored grain pest occurrence and severity, pesticide usage, other pest management strategies used, effective pest monitoring techniques and scouting intervals and the effectiveness of producers' current pest control practices.
Determine the most effective, low cost methods and organizational structures for delivering integrated pest management systems to individual farming operations.
Investigate alternative pest management tactics such as biological and cultural control and plant resistance and determine how to integrate these tactics with chemical control and horticultural practices.
Determine accurate and time efficient sampling procedures and forecasting methods which can be utilized by private consultants or through cooperative extension.
Determine the economic relationship of pest incidence to yield or quality loss.
Develop nonpesticide methods of pest management in the areas of cultural practices, biological control and crop resistance.
Integrate the proper timing, selection and use of pesticides into overall management programs.
Aid growers in executing the most optimal crop protection program by providing them with timely reports on pest presence and population density levels, forecasted pest occurrences, crop growth, weather and other environmental information and by providing the most current interpretation of the data.
Act as a training mechanism for individuals at all levels of operation.

C. Wherever possible the director shall encourage, and if an adequate scientific and economic basis exists, may require, applicators, pest control advisors and growers to pursue integrated pest management techniques.

§ 3-383 Powers

The director may contract with any university or community college in this state for the planning, design and implementation of an integrated pest management program in this state.

Chapter 3 Marketing and Produce Safety

Article 1 Marketing Orders and Marketing Agreements

§ 3-401 Definitions

In this article, unless the context otherwise requires:

"Affected commodity" means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order.
"Affected person" means a producer or shipper of an affected commodity.
"Associate director" means the associate director of the citrus, fruit and vegetable division of the department.
"Marketing agreement" or "agreement" means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article.
"Marketing commission" or "commission" means the marketing commission established under section 3-413.
"Marketing committee" or "committee" means a marketing committee established by a marketing agreement according to section 3-426.
"Marketing order" or "order" means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article.
"Person" means any individual, firm, corporation, trust, association or partnership.
"Producer" means a person that has a financial interest in producing or causing citrus, fruit or vegetable commodities to be produced for market in commercial quantities.
"Shipper" means a person that engages in shipping, transporting, selling or marketing citrus, fruits or vegetables under the shipper's own registered trademark or label or a person that first markets the fruits or vegetables for the producer.
"Volume" means cartons or the equivalent weight of Arizona-grown products marketed in the preceding marketing season.
"Written assent" means a signed statement of an affected person consenting to the terms of a marketing order.

§ 3-402 Policy or purpose

Marketing agricultural products of this state is in the public interest. The policy and purpose of this article are to promote the general welfare of this state by enabling and encouraging fresh fruit and vegetable producers and shippers to help themselves. This state will benefit by ensuring the availability of high quality fruit and vegetables and in establishing orderly, equitable, efficient and unhampered marketing, grading and standardizing of the commodities as well as providing for research, promotion and educational programs involving fresh fruit and vegetables.

§ 3-403 Exemptions

This article shall not apply to article 2.1, 4.2 or 4.3 of this chapter.

§ 3-404 Marketing order and marketing agreement programs

A. A marketing order or marketing agreement applies to all producers and shippers included under the terms of the order or agreement.

B. A marketing order or marketing agreement may:

Provide for establishing standards for the quality, condition, size or maturity of a commodity marketed in or shipped outside this state. Standards shall not be less than the standards provided by articles 2 and 4 of this chapter and rules adopted pursuant to those articles.
Provide for establishing, and verifying compliance with, food safety standards.
Provide for plans to conduct programs for advertising and sales promotion.
Provide for research studies to improve production, distribution and marketing.
Provide for educational programs designed to inform producers and shippers about quality improvement or about practices, procedures and methods used in production, processing and marketing.
Provide for research and educational programs concerning health, food, nutritional, therapeutic and dietetic qualities or for developing new food products or new uses for agricultural products.
Provide programs to control and eradicate insects, disease and parasites.
Provide for establishing and regulating the use of an official brand, trade name or label.
Provide programs to gather and disseminate weather data to producers.
Provide for developing and funding programs, jointly or cooperatively, with public or private organizations, including funding marketing information services.
Authorize persons to participate in hearings regarding agricultural chemicals that are used by the affected commodity.

§ 3-405 Contents of a marketing order

A. A marketing order shall:

Describe the territory of this state to be regulated by the marketing order.
State the type of marketing order program.
Establish a marketing commission, prescribe the number of commission members and specify an official name of the commission.
State the maximum rate of assessments in amounts sufficient to cover all expenses of the marketing order if assessments are required.
State whether the marketing order applies to producers or shippers, or both. If the marketing order applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing order. If the marketing order applies to both producers and shippers, the shippers shall not charge producers any assessments that the shipper is required to pay pursuant to the marketing order.
Apply uniformly to all persons of the same category.
State whether the costs of the public meeting and referendum or written assent procedures shall be reimbursed by any assessments received if the marketing order is approved.
State the amount of time an inspector may hold a lot found to be in violation of the marketing order and specify the time period allowed to recondition a product pursuant to section 3-420.

B. The marketing order may apply to more than one commodity and may include any other relevant information.

§ 3-406 Initiation of the marketing order process

A. To initiate or substantially change a marketing order, an affected person shall file a petition with the department signed by ten per cent of producers or shippers, or both producers and shippers, of the affected commodity that is the subject of the proposed marketing order. The petition shall state:

The affected commodity to be regulated by the marketing order.
A description of the territory of this state to be regulated by the proposed marketing order.
The category of persons to be regulated by the marketing order.
A draft of the proposed marketing order.
The proposed method of voting.
Any other relevant information.

B. Within thirty days after receiving the petition, the department shall initiate developing a department list and shall prepare a budget to handle the petition. The department shall require a deposit from the petitioners to cover the costs of the public meeting and referendum or written assent procedures. The deposit may be reimbursed by any assessments received if the marketing order is approved.

§ 3-407 Official department list

A. The department shall compile a list for the purposes of notice and referendum or written assent procedures. The list shall include the names and addresses of all affected persons and the quantity of the affected commodity produced or shipped by the affected person in the two years preceding the notice or for a lesser time if the affected person has not produced or shipped the affected commodity for the preceding two years.

B. In compiling the list, the department may use records required to be kept by shippers and records reported to citrus, fruit and vegetable standardization by producers and shippers pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. The department may also notify known affected persons and may request them to respond within fifteen days after the notice with any additional necessary information.

C. Information compiled by the department concerning individual totals of the affected commodity produced or shipped are confidential and are not subject to public disclosure.

D. The list is conclusive in determining whether a marketing order has been approved by referendum or written assent, but an affected person who is not on the department list may register with the department and vote in a referendum or file a written assent if the person submits satisfactory evidence to the department to verify that the affected person is qualified to vote.

§ 3-408 Public meeting; notice

A. A public meeting on the petition shall be held within sixty days after the department receives the petition.

B. Notice shall be sent to all affected persons on the department list and interested parties five to thirty days before the date of the public meeting. The notice shall state the time, date and place of the public meeting, the territory and commodity affected by the proposed marketing order and that the department will receive evidence and testimony concerning the department list and the proposed marketing order.

C. The director, or the director's designee, shall conduct the public meeting and shall receive evidence and testimony concerning the proposed marketing order, the accuracy of the department list and the preferred method of voting on the proposed marketing order. The director or designee may receive evidence and testimony regarding the period of time required for filing written assents and any other relevant matters.

D. The department may hold more than one public meeting if the affected commodity is grown in more than one area of this state.

§ 3-409 Findings

A. Based on testimony received at the public meeting, the director may recommend to the petitioners that the proposed marketing order be modified. If the petitioners make any substantial changes to the proposed marketing order after the public meetings, there shall be at least one additional public meeting to receive evidence and testimony regarding the revised marketing order. If the petitioners make only technical changes to the proposed marketing order, no additional public meeting is required.

B. The director shall approve the marketing order if the director finds:

The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing order.
The marketing order complies with this article.
The costs of administering the proposed marketing order are met by the proposed assessment, if an assessment is necessary.

C. The director shall issue a decision to be mailed to all persons appearing at the public meeting within twenty days after the conclusion of all public meetings. The decision shall state the director's findings, the method of voting on the proposed marketing order and a summary of the evidence and testimony presented at the public meetings.

§ 3-410 Election procedures

A. For an election conducted by referendum, each affected person entitled to vote on the department list shall receive a ballot. The ballot shall state or be accompanied by the text of the proposed marketing order, the date the ballot must be received by the department and the address to which the ballot shall be returned. The return date shall be between fifteen and thirty days after it is sent by the department.

B. For an election conducted by written assents, each written assent shall specify that the written assent is being filed for the proposed marketing order, shall be dated and signed and shall clearly state the name, representative capacity and address of the person filing the written assent.

C. Each person entitled to vote shall have one vote. If the proposed marketing order program regulates both producers and shippers, a person who is both a producer and shipper is entitled to one vote for each category.

D. If both producers and shippers are to be regulated under the marketing order, voting shall be conducted independently for each category. The marketing order must be separately approved by each category to be effective for the category.

E. Within ten days after the date for returning ballots for a referendum or within ten days after the close of the period for filing written assents, the department shall certify the election results. The department may not disclose how a particular person voted but shall disclose who voted and the total number of votes cast favoring the marketing order and the total number of votes cast opposing the marketing order.

F. If approved, the marketing order is effective a minimum of five days after the notice is mailed to every affected person and to every person who requests notification.

§ 3-411 Adoption of a marketing order

A. If an election is conducted by a referendum, the marketing order shall be adopted or substantially changed if either:

Forty per cent of persons by volume or by number entitled to vote cast ballots and at least sixty-five per cent by number and fifty-one per cent by volume assent to the proposal.
Forty per cent of persons by volume or by number entitled to vote cast ballots and at least fifty-one per cent by number and sixty-five per cent by volume assent to the proposal.

B. If an election is conducted by filing written assents, the marketing order shall be adopted or substantially changed if at least sixty-five per cent by number and fifty-one per cent by volume file a written assent to the proposed marketing order or at least fifty-one per cent by number and sixty-five per cent by volume file a written assent to the proposed marketing order.

§ 3-412 Terminating a marketing order

A. The marketing order expires on the fifth anniversary of its effective date unless specified otherwise in the marketing order, terminated previously or reapproved.

B. If the marketing order has been substantially changed and the substantial change was submitted for approval to those persons regulated by the marketing order during the existing term of the marketing order, the marketing order's term is deemed reapproved from the date of the approval of the substantial change.

C. During the last year the marketing order is effective, the department shall develop a list pursuant to section 3-407 and hold a public meeting pursuant to section 3-408 and an election pursuant to section 3-410. If the marketing order is reapproved, the new term begins on the expiration of the existing term.

D. If at least forty per cent of the persons regulated by a marketing order, by volume and by number, present a petition to terminate the marketing order to the department and the signatures have been collected within ninety days, the department shall hold a public meeting pursuant to section 3-408 and depending on the testimony presented at the public meeting may submit the marketing order for an election pursuant to section 3-410 within sixty days after the filing of the petition. The petition shall state the text of the marketing order, the proposed method of voting and any other pertinent information.

E. If a marketing commission, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the persons regulated by the marketing order to continue the marketing order, the department shall submit the marketing order to an election pursuant to section 3-410 within thirty days after the marketing commission's vote.

F. If a marketing commission does not meet for three consecutive marketing seasons, the director may call a public meeting pursuant to section 3-408 to determine whether an election on termination is necessary.

G. If an election is conducted by referendum, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume votes to terminate the marketing order.

H. If an election is conducted by written assent, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume files a written assent to terminate the marketing order with the department.

I. The department shall certify the election results. The department may not disclose how a particular person voted but shall disclose who voted and the total number of votes cast in favor of the marketing order and the total number of votes cast opposing the marketing order.

J. If the department certifies that the marketing order shall be terminated pursuant to the results of the referendum or written assent, the marketing order terminates five days after the notice is mailed to every person regulated by the marketing order and persons who request notification.

K. A marketing order shall not be submitted for termination until one year after an election.

§ 3-413 Marketing commission; appointment; term

A. The marketing commission is composed of three to nine members with rotating terms of three years. Two-thirds of the members shall be appointed collectively by the director and associate director, from nominations of affected persons or representative commodity associations and one-third shall be selected by the other members of the marketing commission.

B. Members shall be selected to represent areas of this state that produce the affected commodity on the basis of the volume of total production in this state for the affected commodity.

C. The marketing commission shall be composed of persons who are regulated by the marketing order and shall include both producers and shippers if the marketing order regulates both categories.

D. Commission members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

§ 3-414 Powers and duties of a marketing commission or marketing committee

A. A marketing commission or marketing committee shall:

Collect, receive and disburse any monies to be used to administer a marketing order or marketing agreement.
Annually elect a chairman, secretary and treasurer from among its members.
Meet at least twice annually or at additional times called by the chairman or when requested by a quorum of the marketing commission or marketing committee.
Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.
Prescribe any assessments to be assessed within the limits prescribed in this article, the marketing order or the marketing agreement.

B. A marketing commission shall:

Prepare for the regulated commodity an annual report of its activities, receipts and expenditures. A copy of the annual report shall be available to any interested person on request.
Organize and administer any election called under this article or the marketing order.

C. A marketing commission or marketing committee may:

Sue and be sued as a marketing commission or marketing committee, without individual liability, for acts of the marketing commission or marketing committee within the scope of the powers and duties conferred on it by this article, the marketing order or the marketing agreement.
Enter into contracts to carry out the purposes of this article, the marketing order or the marketing agreement.
Appoint committees or subcommittees of the marketing commission or marketing committee, ex officio marketing commission or marketing committee members or advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the regulated commodity.
Employ or retain and fix the compensation of a qualified person or qualified entity to manage the marketing order or marketing agreement, on behalf of the marketing commission or marketing committee, and other personnel that are necessary to carry out the provisions of this article, the order or the agreement.
Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar or related to those of the commission or the committee and enter into contracts with the organizations or agencies for carrying on joint programs.
Make grants to research agencies to finance appropriate studies, or to purchase or acquire equipment and facilities consistent with the marketing order or marketing agreement.
Act jointly and in cooperation with this state or any other state or the federal government and spend monies to administer any program deemed by the commission or committee to be beneficial to the affected commodity.
Accept grants, donations, contributions, gifts, property or services or other assistance from public or private sources.
Provide educational materials to:

(a) Interested parties that are not affected persons at a charge fixed by the commission or committee commensurate with the cost of compilation, publication and issuance.

(b) Public officials without charge.

Return assessments to affected persons on a pro rata basis to the extent that monies collected exceed budgeted expenses.
Adopt rules necessary to promptly and effectively administer this article. Title 41, chapter 6 does not apply to rule making under this article, but the commission or committee shall provide fifteen days' advance notice of the meeting at which rules will be adopted. The commission or committee shall receive public testimony at the meeting regarding the rules.
Refer to persons regulated under a marketing order for an advisory vote the question of setting assessments or establishing or continuing any program authorized by the order.
Investigate and prosecute in the name of this state any legal action to enforce the collection or ensure payment of the authorized assessments.
Gather data or any other information the commission or committee deems necessary to administer and enforce the order or agreement.
Receive complaints of violations of the order or agreement and refer the complaints to the proper authorities.
Provide for an annual audit of its accounts by a qualified public accounting firm and, if an audit or financial statement is prepared, make the audit or financial statement available to any affected person and the auditor general on request.

§ 3-415 Administrative services; interagency agreements; reimbursement

A. The marketing commission or marketing committee may employ staff at a rate of compensation determined by the commission or committee, to serve at the pleasure of the commission or committee, and shall prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article, the marketing order or the marketing agreement. All employees of the commission or committee are exempt from title 38, chapter 4, article 1 and title 41, chapter 4, articles 5 and 6 and are not under the jurisdiction of the department of administration.

B. The commission or committee may also enter into an interagency agreement with the department to provide necessary administrative services to the commission or committee, including:

Providing secretarial and other services necessary for the commission or committee to carry out its activities.
Establishing separate operating accounts for the commission or committee.
Providing necessary financial and accounting services to the commission or committee, including the issuance of checks, payment of bills approved by the commission or committee, annual audits, expenditure and receipt reports whether monthly or annually, preparation of annual budget and any other activities requested by the commission or committee.
Receiving mail and other communication for the commission or committee.
Receiving monies authorized under this article for deposit in the appropriate trust funds for the exclusive purpose of implementing, continuing and supporting the respective marketing order or marketing agreement. The commission or committee shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the commission or committee, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund. The beneficiary of the trust is the agricultural program established by the marketing order or marketing agreement. The trust fund shall be used solely for those purposes on the order of the commission or committee. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year or at the termination of the marketing order or agreement, do not revert to the state general fund.
Accepting donated monies on behalf of the commission or committee to be credited to the account of the commission or committee.
Providing space for the meetings of the commission or committee.
Providing any other administrative services that the commission or committee requests or finds necessary.

C. If the department performs any function under this article, it acts as the agent of the marketing commission or marketing committee and has no authority or control over the commission or committee or the commission's or committee's employees or assets. The commission or committee shall reimburse the department for any administrative services the department provides from the monies received under the marketing order or marketing agreement in an amount agreed on by the commission or committee and the director. Any services provided by citrus, fruit and vegetable standardization or the department in the normal scope of services are not subject to reimbursement from a marketing commission or marketing committee.

§ 3-416 Indemnification of marketing commission or marketing committee members

Each member or employee of a marketing commission or marketing committee is indemnified by the commission or committee against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceeding to which he may be a party by reason of being or having been a member or employee of the commission or committee, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have acted in bad faith as a commission or committee member or employee. The right of indemnification is in addition to other rights to which the member or employee is entitled as a matter of law.

§ 3-417 Assessments; collection; budget

A. The annual assessment rate shall not exceed five per cent of the annual gross sales dollar value of the affected commodity determined by the preceding marketing season. Not more than two per cent of the annual gross sales dollar value of the affected commodity may be used to pay costs associated with administering the marketing order. Assessment rates may be set on a per carton or equivalent basis.

B. Each marketing order shall state a method of collection. For the initial year, an advance deposit of not more than ten per cent of the total assessments owing may be collected from affected persons based on the preceding marketing season. If the marketing order affects producers only or if the marketing order affects both producers and shippers, the shipper shall withhold the assessments owed by the producer pursuant to the marketing order. The shipper is a trustee of the assessments until they are paid to the marketing commission. If the marketing order affects producers only, a producer is responsible for paying the assessments unless the assessments are withheld for payment by the shipper.

C. Each affected person shall keep a complete and accurate record of all of the affected commodity sold by the affected person. The records shall contain the information required to be kept for the citrus, fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.

D. Except for the first year of operation, on or before July 1 of each year, the marketing commission or marketing committee shall set an assessment according to the maximum rate of assessment established by this article, the marketing order or marketing agreement. Before establishing the assessment rate, the commission or committee shall establish an annual budget. The budget is effective on approval of the commission or committee.

E. Title 41, chapter 6 does not apply to setting and collecting the assessment under this section, but the commission or committee shall provide fifteen days' advance notice of the meeting at which the assessment will be adopted and the amount of the proposed assessment. The commission or committee shall receive public testimony at the meeting regarding the assessment.

§ 3-418 Failure to pay assessment; penalty; hearing; violation; classification

A. A person who is required to pay assessments pursuant to this article, a marketing order or a marketing agreement and who fails to pay the assessments within sixty days after the billing shall be assessed a penalty of ten per cent of the amount of the total assessments owing and two per cent interest per month on the unpaid balance. The attorney general may collect assessments, penalties and interest on the request of the marketing commission or marketing committee.

B. The person who fails to pay the required assessments may request a hearing before the marketing commission or marketing committee acting as an administrative law judge pursuant to title 41, chapter 6, article 10 to dispute or determine the amount of the assessments, penalty or interest imposed. The commission or committee shall hold a hearing if requested. The commission or committee, after the hearing, shall enter its order determining the amount of any assessments, penalty or interest. The person shall pay the assessments, penalty and interest assessed within ten days after the notice of the commission's or committee's decision.

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article and the marketing order is guilty of a class 2 misdemeanor.

§ 3-419 Deposit of assessments; use on termination

A. Monies collected pursuant to this article shall be deposited in the marketing commission's or marketing committee's accounts to be administered and disbursed by the commission or committee for the purposes prescribed in this article. Monies collected pursuant to a marketing order or marketing agreement may not be used for any purpose other than the order or agreement.

B. The monies in a marketing commission or marketing committee account may be invested pursuant to section 35-313. Interest earned on these monies shall be credited to the marketing commission or marketing committee account.

C. If monies are unexpended at the end of a fiscal period, the marketing commission or marketing committee shall carry the monies forward to the next fiscal period.

D. If the marketing order or marketing agreement is terminated and the expenses are paid, monies shall be returned to the affected persons pro rata unless the amounts are too small to be practicable or may be expended by the marketing commission or marketing committee on any program consistent with the marketing order or marketing agreement.

E. No specific legislative appropriation is necessary to operate a marketing commission or marketing committee.

§ 3-420 Inspection and enforcement

A. An inspector, discharging his duties, may enter every facility during operating hours or commercial vehicles in this state where an affected commodity is produced, stored, packed, delivered for shipment, being transported or offered for sale and inspect representative samples of the affected commodity to determine compliance with a marketing order or marketing agreement.

B. If an inspector believes a marketing order or marketing agreement has been violated in terms of quality, condition, size, maturity or pack, the inspector may hold the lot pursuant to the time specified in the marketing order or marketing agreement.

C. If the lot does not comply with the marketing order or marketing agreement, the department shall tag the lot and notify the person in possession. The owner of the lot may recondition the lot within the time specified in the marketing order or marketing agreement, and if compliance is achieved, the lot shall be released by the department.

D. If the owner does not recondition and bring the lot into compliance within the time prescribed in the marketing order or marketing agreement, the inspector, after receiving written consent of the owner may divert the lot to other lawful purposes or destroy the lot.

E. If the owner refuses to give consent to the inspector to divert or destroy the lot and the owner does not recondition and bring the lot into compliance within the time prescribed in the marketing order or marketing agreement, the inspector may attach a notice of disposal to the lot that is not in compliance with the marketing order or marketing agreement and deliver a copy of the notice of disposal to the owner.

F. The notice of disposal requires the owner to properly dispose of the lot by:

Diverting it to another lawful purpose, such as contributing it to a nonprofit charitable organization.
Selling it, as long as it is not sold in regular channels of trade, such as for processing.
Destroying it.

§ 3-421 Violations; civil penalties; hearing; court action

A. A person who violates a marketing order or marketing agreement three times during a marketing season is subject to a civil penalty of at least fifty dollars but not more than five hundred dollars for the first offense and a civil penalty of at least one hundred dollars but not more than one thousand dollars for subsequent offenses. A person who intentionally violates a marketing order is subject to a civil penalty of at least one thousand dollars but not more than ten thousand dollars. Each day of violation is a separate offense. A person who knowingly furnishes a false report is subject to a civil penalty of five hundred dollars.

B. For civil actions, an administrative hearing may be obtained pursuant to title 41, chapter 6, article 10.

C. The director, marketing commission or marketing committee may apply to the superior court for a temporary restraining order or injunction if there are three or more violations of a marketing order, marketing agreement or this article or any rules adopted pursuant to this article during a marketing season. If the director, marketing commission or marketing committee is successful in the court action, the defendant may be required to pay the costs of prosecution. A court action may be brought in the county where the defendant resides or where the act or omission occurred or in the county of the state capital.

D. An action for penalties must be commenced within three years after the violation. The suspension, substantial change or termination of any marketing order or marketing agreement does not suspend or terminate any causes of action that have accrued under it.

§ 3-422 Records and reports

A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing committee or department to ensure compliance with a marketing order or marketing agreement.

B. The marketing commission, marketing committee or hearing officer may hold a hearing in which persons may be required to testify under oath.

C. All information concerning the businesses of individual producers and shippers, including cartons or equivalent marketed, the dollar value of gross annual sales and audit and inspection records, is not a public record and shall not be disclosed except:

By court order.
To a person who presents a release signed by the producer or shipper.
In an annual report or similar document if individual producers and shippers are not identifiable.
In relation to a judicial or administrative proceeding for the purpose of enforcing or administering an order or agreement.

D. All results of elections for a marketing order, marketing agreements, contracts entered into by a marketing commission or marketing committee and annual reports are public records.

§ 3-423 Payment of costs of hearing on a marketing order

If an affected person requests a hearing on a marketing order pursuant to title 41, chapter 6, article 10, the affected person shall pay all costs of the hearing.

§ 3-424 Initiation of the marketing agreement process; contents

A. Two or more persons who produce or ship the affected commodity shall file an application with the director together with a filing fee of five hundred dollars to cover the costs of the public meeting. If the public meeting costs less than five hundred dollars, the difference shall be refunded to the applicants. The application shall state:

The affected commodity to be regulated by the marketing agreement.
A description of the territory of this state to be regulated by the marketing agreement.
The category of persons to be regulated by the marketing agreement.
A draft of the proposed marketing agreement.
Any other relevant information.

B. A marketing agreement shall:

Describe the territory of this state to be regulated by the marketing agreement and the persons to be regulated by the marketing agreement.
State the type of marketing agreement program.
Specify the number of marketing committee members and the official name of the committee if a marketing committee is to be established.
Provide for the rate of assessments in amounts sufficient to cover all expenses of the marketing agreement if assessments are required and specify a method of collecting assessments.
State whether the marketing agreement applies to producers or shippers, or both. If the marketing agreement applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing agreement. If the marketing agreement applies to both producers and shippers, the shippers shall not charge producers any assessments that the shipper is required to pay pursuant to the marketing agreement.
Apply uniformly to all persons of the same category.
State whether the costs of the filing fee will be reimbursed by any assessments received pursuant to the marketing agreement.
State the amount of time an inspector may hold a lot found to be in violation of the marketing agreement and specify the time period allowed to recondition the product pursuant to section 3-420.

C. The marketing agreement may apply to more than one commodity and may state any other relevant information.

§ 3-425 Public meeting; notice; findings

A. At least five days but not more than twenty days after the application is filed with the department, the director, or the director's designee, shall hold a public meeting. A notice shall be sent to all persons that may be affected by the proposed marketing agreement that states the time, date and place of the public meeting and that the department will receive evidence and testimony concerning the proposed marketing agreement. An official department list of affected persons does not have to be prepared.

B. At the public meeting, the director, or the director's designee, shall receive evidence and testimony concerning the proposed marketing agreement. The director may hold more than one meeting if the affected commodity is grown in more than one area of this state.

C. Based on testimony received at a public meeting, the director may recommend to the petitioners that the proposed marketing agreement be modified. If the petitioners make any substantial changes to the proposed marketing agreement after the public meeting, there must be at least one additional public meeting to receive evidence and testimony regarding the revised marketing agreement. If the petitioners make only technical changes to the proposed marketing agreement, no additional public meeting is required.

D. The director shall approve the marketing agreement if the director finds:

The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing agreement.
The marketing agreement complies with this article.
The signatories of the marketing agreement have sufficient monies to defray expenses of formation, administration and enforcement of the marketing agreement.
The marketing agreement is signed by all participants.

§ 3-426 Marketing committee

If a marketing committee is established by the marketing agreement, the marketing committee shall be composed of three to nine signatories of the marketing agreement who are elected by all of the signatories of the marketing agreement.

§ 3-427 Application of marketing order provisions to marketing agreements

A. The voting requirements and termination provisions prescribed for marketing orders by this article do not apply to marketing agreements.

B. Sections 3-417, 3-418, subsections A and B and 3-419 apply to marketing agreements only if an assessment is made under the agreement.

C. Sections 3-420 and 3-421 apply to marketing agreements.

§ 3-428 Approval of a marketing agreement; amendments; term

A. A marketing agreement applies only to producers and shippers who sign the marketing agreement and is effective on the approval of the director. Additional signatories may be added with the approval of the director. If signatories withdraw, the director may review and terminate the marketing agreement if not enough signatories remain to defray expenses of the marketing agreement.

B. A marketing agreement may be amended at any time with the approval of the director and all of the signatories. If a signatory fails to vote on a proposed amendment within thirty days after notice of the proposed amendment, the signatory is deemed to have approved the amendment.

C. A marketing agreement is binding on signatories for a period specified in the marketing agreement, but not longer than twelve months. The marketing agreement may be renewed for an additional three terms without the requirement of a public meeting provided in section 3-425.

D. If a marketing agreement remains effective for a fourth term, the department must hold a public meeting pursuant to section 3-425 during that term. The proposed marketing agreement may amend the current agreement. If the marketing agreement is reapproved, the new term begins on the expiration of the existing term.

§ 3-429 Application of administrative procedures act

Title 41, chapter 6, article 10 applies to administrative procedures prescribed by this article.

§ 3-430 Transfer of property on termination

All property, except monies, of a terminated commission or committee shall be transferred to the department. The department may use or convey the property for the benefit of another commission or committee or may dispose of the property at the director's discretion.

Article 2 Citrus Fruit Standardization

§ 3-441 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the citrus, fruit and vegetable division of the department.
"Bulk lot" means citrus fruit that is not contained in a box, carton, crate or lug but may be contained in a bin or a similar container and is set apart from citrus fruit that is packaged in containers authorized pursuant to this article or rules adopted pursuant to this article.
"By-products" means any product from citrus fruit that is commercially processed or manufactured for resale.
"Citrus" or "citrus fruit" means the fruit of any orange, lemon, lime, grapefruit, tangerine, kumquat or other citrus tree that produces edible citrus fruit suitable for human consumption.
"Commission merchant" means a person that receives on consignment or solicits from the producer any citrus fruit for sale on commission on behalf of the producer or accepts any citrus fruit in trust from the producer for the purpose of resale. Commission merchant does not include a shipper.
"Containers" or "packages" means any container used for packing, shipping or selling citrus fruit.
"Dealer" means a person that sells, markets or distributes citrus fruit that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. Dealer does not include a shipper.
"Lot" means a unit of identical or similar items that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are included in the same shipping order, bill of lading or other itemized transport order.
"Packer" means a person, other than a producer, shipper or dealer, that is engaged in the business of packing any citrus fruit.
"Person" includes an individual, firm, association, partnership, trust or corporation.
"Producer" means a person that is engaged in this state in the business of producing or causing citrus fruit to be produced for market in commercial quantities.
"Shipper" means a person that ships, transports, sells or markets citrus fruit under the person's registered trademark or label or a person that first markets the citrus fruit on behalf of the producer. Shipper does not include a commission merchant.

§ 3-442 Purpose and scope of article

A. Producing quality citrus fruit in this state is in the public interest. To enhance the potential for domestic and international marketing of citrus fruit from this state, it is the policy and purpose of this article to enable and encourage producers and shippers to develop uniform grades and standards for citrus fruit and to allow inspections of citrus fruit produced or sold in this state. This article is vital to enhance and maintain domestic and international markets for citrus fruit grown in this state by protecting against exporting, importing and selling substandard citrus fruit and by ensuring that inferior produce does not compete with quality citrus fruit produced in this state.

B. All citrus fruit, when being packed or placed in a container, after packing, when delivered for shipment, loaded, shipped, being transported, offered for sale or sold in a container or in bulk, including citrus fruit offered for sale in bulk by the grower to dealers for resale in bulk at retail or otherwise, shall conform to this article and rules adopted pursuant to this article.

§ 3-443 Associate director; inspectors

A. This article and the rules adopted pursuant to this article shall be enforced by the associate director. In addition to the powers conferred by this article, the associate director shall have the powers provided by articles 4, 4.1 and 4.3 of this chapter.

B. The associate director shall instruct the inspectors with regard to the inspection of citrus fruit and the method of determining the maturity and condition of the citrus fruit, as provided by rules adopted pursuant to this article.

C. Citrus, fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing agreements.

§ 3-444 Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty

A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh citrus fruit is produced, stored, packed or delivered for shipment, is transported or is offered for sale and inspect representative samples of the fresh citrus fruit and containers in order to determine compliance with this article and rules adopted pursuant to this article.

B. If all or part of a lot, including containers, fails to comply with this article or rules adopted pursuant to this article, the inspector may affix a warning notice to all or part of the lot stating the reason why it is held. Other than an inspector, a person may not detach, alter or destroy the affixed warning notice except by the authorization of the inspector, the associate director, the associate director's designee, the director or a court order.

C. The inspector shall issue a notice of noncompliance to the person in possession of the lot or part of the lot that states:

A description of the lot or part of the lot.
The specific section of law on which the noncompliance is alleged.
The place where the lot or part of the lot is held.
The specific method of inspection, including the sample size.
The defect that caused the violation.
The percentage of defective product in the sample.
That the lot or part of the lot is subject to disposal if it is not reconditioned and brought into compliance within the time prescribed according to rules adopted pursuant to this article.

D. If the person who is served with the notice of noncompliance does not own the lot, the person shall notify the inspector in writing of the name and address of the owner. If the person knowingly conceals the name or address of the owner, the person is liable for any loss to the lot that the owner sustains.

E. If the lot is reconditioned and brought into compliance within the prescribed time period and the lot otherwise complies with this article and rules adopted pursuant to this article, the inspector shall remove the warning notice, issue a notice of compliance to the person in possession and release the lot for sale.

F. If the owner does not recondition and bring the lot into compliance within the prescribed time period, the inspector, after receiving the written consent of the owner, may divert the lot or part of the lot to other lawful purposes or destroy the lot or part of the lot.

G. If the owner refuses to give consent to the inspector to divert or destroy the lot or part of the lot and the owner does not recondition and bring the lot into compliance within the prescribed time period, the inspector may attach a disposal notice to the lot or part of the lot that violates this article or rules adopted pursuant to this article and deliver a copy of the disposal notice to the owner. The disposal notice requires the owner to properly dispose of the lot or part of the lot by:

Diverting it to another lawful purpose, such as contributing it to a nonprofit charitable organization.
Selling it, other than in regular channels of trade, such as for processing.
Destroying it.

H. A person who violates the terms of a disposal notice is subject to a civil penalty of at least twenty-five dollars for each carton but not more than one thousand dollars.

§ 3-445 Rulemaking; definition

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules that are not in conflict with this article as the associate director deems necessary to carry out this article.

B. On recommendation of the associate director, the director shall prescribe:

Standards and grades for citrus fruit produced in this state and a standard for citrus fruit without specific standards pursuant to section 3-446. In establishing the specific standards, the associate director shall consider factors that apply to the product, including maturity, color, shape, size, firmness, freedom from decay, diseases, mechanical and plant pest injury and any other factors that indicate quality and condition.
The size, dimensions, labeling and markings of containers that are to be used to pack citrus fruit and the packing arrangements of the commodity in the container.
A permit system for experimental containers, experimental products and experimental packs, including an application, permit number, quantity allowed by the permit, duration of the permit and recordkeeping and renewal provisions.
Sampling rules for lots and containers of citrus fruit to reasonably produce a fair representation of the entire lot or container sampled.
The time period allowed to recondition citrus fruit pursuant to section 3-444.
Appropriate reporting and recordkeeping requirements for shippers, including:

(a) Reporting totals for each citrus variety shipped.

(b) A requirement for records to be retained for the preceding two years on the amount of each citrus variety sold by the shipper for each producer for purposes of reporting under article 1 of this chapter.

(c) A requirement for records to be retained for the preceding year on the percentage ownership interest of each producer for each citrus variety sold by the shipper.

Appropriate reporting and recordkeeping requirements for commission merchants.

C. For the purposes of this section, "year" has the same meaning prescribed in section 3-450.

§ 3-446 Adopting new or revised standards; exception

A. Twenty-five percent of the producers or shippers of a citrus fruit may petition the associate director to adopt a standard.

B. Twenty-five percent of the producers or shippers of a citrus fruit for which a standard has been established by rule may petition the associate director to modify the standard.

C. Within thirty days after receiving a valid petition under subsection A or B of this section, the associate director, after notifying all other known producers and shippers of the citrus fruit, shall hold a public meeting to receive comment on the proposed new standard. Within fifteen days after the meeting, the associate director shall either deny the petition in writing stating the reasons for denial or initiate rulemaking proceedings.

D. This section does not apply to any commodity that is exempt from standardization under section 3-450.

§ 3-447 Citrus, fruit and vegetable trust fund; administration

A. The citrus, fruit and vegetable trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural programs established by this article and article 4 of this chapter. The trust fund consists of revenues from assessments and other monies designated for deposit in the trust fund by this article and article 4 of this chapter. The trust fund shall be used solely for the purpose of administering and enforcing this article and article 4 of this chapter.

B. The director shall administer the citrus, fruit and vegetable trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest any trust fund monies deposited in the state treasury pursuant to sections 35-313 and 35-314.03, and all interest earned on these monies shall be credited to the trust fund.

C. The beneficiaries of the trust are the agricultural programs established by this article and article 4 of this chapter.

D. Monies in the citrus, fruit and vegetable trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

E. The department shall make a detailed accounting on or before November 1 of each year of all monies paid into and disbursed from the citrus, fruit and vegetable trust fund during the preceding fiscal year and transmit the report to the citrus, fruit and vegetable advisory council on or before December 1.

F. Any monies remaining unexpended in the citrus, fruit and vegetable trust fund on June 30 of each year shall be carried forward to the following year, and the associate director shall take that amount into account in computing the assessments for that year.

§ 3-448 Assessments; procedures; failure to pay; penalty and interest; hearing; definition

A. In order to provide the necessary monies to enforce this article and article 4 of this chapter, the associate director shall assess a charge against each shipper in an amount of not more than one and one-fourth cents per standard carton, or the equivalent weight, of each kind of fruit and vegetable, including citrus, that is shipped and regulated under this article and article 4 of this chapter. For bulk shipments of citrus used for by-products with destinations both inside and outside this state, a charge is assessed of not more than two dollars for each lot.

B. All monies collected from the assessments under this section shall be deposited in the citrus, fruit and vegetable trust fund.

C. The associate director, pursuant to section 3-527.02, shall set the amount of the charges under this section annually with the approval of the director, but not in amounts greater than necessary to provide revenues to defray all of the proper expenses of carrying out this article and article 4 of this chapter. The associate director may establish assessments for each commodity based on the time that is necessary to inspect the commodity.

D. Before the associate director may set or the director may approve an increase in the assessment, the associate director shall provide thirty days' advance notice of a public hearing and the amount of the proposed assessment to all shippers that are licensed under sections 3-449 and 3-492 and to any other interested party. The associate director shall receive testimony at the hearing regarding the proposed increase in the assessment. Title 41, chapter 6 does not apply to setting or collecting assessments under this section.

E. The associate director shall compute the amount of assessments within the limits of this section and may bill the assessments twice monthly. Each shipper shall pay the charges to the associate director within sixty days after the billing date.

F. A shipper that fails to pay the required assessment within sixty days after the billing date is subject to a penalty of ten percent of the amount of the total assessment plus interest at a rate of two percent per month on the unpaid balance.

G. A shipper may request a hearing before the associate director to protest the amount of assessment, penalty or interest imposed. If requested, the associate director shall hold the hearing. After the hearing the associate director shall enter an order determining the amount of the fee, penalty and interest. The shipper shall pay that amount within ten days after notice of the associate director's determination unless the decision is appealed to the director. The shipper may appeal the decision of the associate director to the director. If the associate director's decision is appealed, the director shall review the record of the hearing and affirm, modify or reverse the associate director's decision.

H. For the purposes of this section, in addition to the definition of shipper in section 3-441, "shipper" also includes shipper as defined in section 3-481.

§ 3-449 Annual licensing; fees; application; penalty

A. A person may not transact business as a citrus fruit dealer or shipper without first obtaining a license as provided in this article. The license expires on August 1 of each year and is renewable annually. The license fee shall be determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:

If the annual gross sales are five hundred thousand dollars or more, the annual fee is four hundred fifty dollars.
If the annual gross sales are between two hundred thousand dollars and five hundred thousand dollars, the annual fee is three hundred dollars.
If the annual gross sales are two hundred thousand dollars or less, the annual fee is one hundred fifty dollars.
If the person was not in business the previous fiscal year, the annual fee is one hundred fifty dollars.

B. If a person engages in business in more than one category as a dealer or shipper, the license designation shall be based on the category in which most of the licensee's business is conducted.

C. The license fees collected by the associate director shall be deposited in the citrus, fruit and vegetable trust fund.

D. The application for a dealer or shipper license shall contain the following information:

The full name of the person applying for the license.
Whether the applicant is an individual, partnership, firm, corporation, association, trust or cooperative association and the full name of each member of the partnership or firm, the full name of each officer and director of the association or corporation or the full name of each trustee.
The principal business address of the applicant in this state and elsewhere and the address where the applicant conducts the described business.
The name of the statutory agent in this state for service of legal notice.
The category of license for which the applicant is applying.
A statement of the facts, signed under penalty of perjury, entitling the applicant to a license under the applicable category and stating whether the applicant has ever had any license to handle citrus, fruit or vegetables in any state denied, suspended or revoked.
If the applicant acts as a commission merchant, a schedule of commissions and charges for services, which may not be altered during the term of the license except by written agreement between the parties involved.

E. The associate director shall issue to the applicant a license to conduct the business described for a period of one year unless it is revoked for cause.

F. An applicant who tenders a renewal application for a license that is received by the associate director after August 15 shall pay a penalty of twenty-five dollars. An applicant who tenders a renewal application for a license that is received after September 1 shall pay a penalty of fifty dollars. All penalties shall be deposited in the citrus, fruit and vegetable trust fund.

§ 3-449.02 Denial or revocation of license; hearing

A. In determining whether to refuse to issue a license, the associate director shall consider:

The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation.
The financial condition of the applicant as of the date of the application.
Any outstanding judgments against the applicant.
Previous violations of this article and rules adopted pursuant to this article by any person who is an officer, director, member or trustee of the applicant.
Fraudulent, misleading or incomplete statements in the application.
Any other facts the associate director considers necessary to determine the qualifications of the applicant.

B. The associate director may revoke a license if the licensee commits any of the following acts:

Fails or refuses within a reasonable time to render a true account of sale, to make a proper settlement of the account or to pay for citrus fruit, fruit or vegetables received.
Fails or refuses to pay assessment fees, penalties or interest due and owing under this article and rules adopted pursuant to this article for a period of four months.
Knowingly makes false or misleading statements as to the condition of any citrus fruit, fruit or vegetable.
Makes fraudulent charges or returns for handling or selling any citrus fruit, fruit or vegetable or for rendering any service in connection with handling or selling any citrus fruit, fruit or vegetables.
Makes fraudulent or misleading statements to obtain a license.
Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.
Any violation of section 3-466.

C. A person whose license has been denied or revoked may request a hearing pursuant to title 41, chapter 6, article 10.

§ 3-449.03 Recordkeeping; confidentiality; inspection

A. A shipper shall keep records on the amount of each citrus variety the shipper sells for each producer for a period of two years. The shipper shall report the records for purposes of marketing orders.

B. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed and notarized release to the associate director or the associate director's agent, a person may receive individual totals of commodities shipped by the shipper.

C. Records of shippers are subject to inspection during business hours by the associate director or the associate director's designee.

D. The associate director or designee may investigate any records of any transaction of a commission merchant for possible violations of this article.

E. Every person licensed under this article shall keep an accurate and complete record, which shall record the amount and character of all citrus fruit received from any person for payment or sale, the date of receiving the shipment, the name of the consignee, the condition of the shipment if it arrives in other than good condition in the city or town in which it is to be sold by the licensee and the date the shipment is sold, together with the price for which the shipment sold.

F. The records of a licensee pertaining to the receipt, packing, loading, shipment and sale of citrus fruit affected by this article shall at all times be open to inspection on demand by any consignor as to an entry concerning citrus fruit received by the licensee from the consignor.

§ 3-449.04 Appeals from inspections; fee

A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards adopted pursuant to this article, the owner or agent may request that the associate director or the associate director's designee, other than the inspector, review the testing procedures used by the inspector. When reviewing the procedures, the associate director or designee shall consider the accuracy of the test instruments, the inspection methods, including the sample size, the defect determination, the percentage of the defective product and any other relevant information.

B. The associate director or designee shall conduct the review within eight hours after the request.

C. If the associate director or designee determines that the inspector used improper testing procedures, a new inspection shall be ordered of the lot or part of the lot within four hours after completing the review in order to determine compliance. The determination after the reinspection is final.

D. The person who requests the review shall pay a fee of twenty-five dollars for the review. All monies collected under this subsection shall be deposited in the citrus, fruit and vegetable trust fund.

§ 3-449.05 Unlawful possession; inspection; proof of ownership; seizure; exceptions

A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of citrus fruit are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in possession.

B. If an inspector has probable cause to believe that at least fifty pounds of citrus fruit are in unlawful possession in a vehicle, the inspector may request a peace officer to stop the vehicle for inspection and request proof of ownership from the person in possession.

C. Except as provided in subsection D of this section, for the purposes of this section, proof of ownership includes all of the following:

The name, address and telephone number of the seller.
The name, address and telephone number of the buyer, or consignee if not sold.
The common or generic name and quantity of the citrus fruit.
The date of the transaction and the date the transportation began.

D. A bill of lading, a bill of sale, data obtainable by electronic transmission or a similar type of document is considered proof of ownership for the purposes of this section.

E. The buyer and seller shall retain a copy of the documents showing proof of ownership for sixty days after delivery.

F. An inspector or peace officer may seize and hold a citrus fruit if, after requesting or inspecting the offered proof of ownership, the inspector or peace officer reasonably believes that the person is in unlawful possession of the citrus fruit.

G. If an investigation reveals the lawful owner of the citrus fruit that has been seized pursuant to this section, the citrus fruit shall be released to the owner or the owner's agent. If a seized citrus fruit remains unclaimed after a reasonable period of time, the associate director may donate the citrus fruit to a nonprofit charitable organization. If the citrus fruit does not comply with the standards prescribed pursuant to this article, the associate director may destroy it.

H. This section does not apply to:

Citrus fruit that is transported from the farm where it is produced to a commercial packing plant in this state for processing or packing.
Citrus fruit that is transported and accompanied by a valid disposal order issued by an inspector to comply with this article or rules adopted pursuant to this article.

§ 3-450 Exemption from citrus fruit standardization; definitions

A. The associate director shall exempt any citrus fruit commodity from all rules established pursuant to section 3-445, subsection B, paragraphs 1 through 5 and shall exempt the collection of assessments for the commodity subject to this article if the exemption is supported by at least fifty-one percent of the producers that produce at least fifty-one percent of the total quantity of that particular citrus fruit commodity that was marketed during the preceding year and all of the other requirements of this section have been met. For the purposes of this subsection, "quantity" means the percentage of ownership interest a producer has in the marketed cartons.

B. To initiate the exemption process, a producer or shipper shall present to the associate director a petition signed by producers, under penalty of perjury, that represent at least one-third of the cartons of the commodity produced in the previous year. The petition shall be submitted on a form prescribed and furnished by the associate director. On receiving the petition, the associate director shall negotiate with the petitioner a fee for the estimated costs of the notification, balloting and certification process under this section. The petitioner is responsible for all costs associated with this process and shall pay to the associate director at least one-half of the fee before proceeding with the petition process.

C. Within ten days after receiving the fee payment under subsection B of this section, the associate director shall send a notice and a ballot to each shipper of the commodity by certified mail, return receipt requested. The notice shall include a statement that the shipper must notify each producer the shipper represents of the exemption petition and of the producer's right to support or oppose the exemption.

D. Within sixty days after receiving the notice from the associate director, each shipper shall return the ballot to the associate director, filed under penalty of perjury, containing the following information:

The name of each producer of the particular commodity that the shipper deals with.
The total number of cartons produced in the preceding year by each producer based on the percentage of ownership.
The vote of each producer based on the percentage of ownership of cartons.

E. If a shipper fails to return the ballot as prescribed by subsection D of this section, the associate director may audit the shipper to ensure compliance with section 3-449.03.

F. Within ninety days after receiving the ballots issued under this section, the associate director shall review the ballots and determine the results. On payment of the full amount of the costs of the petition process as determined under subsection B of this section, the associate director shall certify and issue the results of the ballots. If the associate director certifies that the ballots meet the requirements of this section, the associate director shall provide public notice of the date the exemption becomes effective, which shall be within ninety days after the associate director certifies and issues the results of the balloting.

G. Information provided by shippers to the associate director for the purposes of this section is confidential and is not a public record, and the associate director shall not disclose the information for any purpose except for the purpose of an appeal under subsection H of this section.

H. The petitioner and any producer or shipper of the commodity for which exemption is being sought has the right to appeal to the director on any of the following issues:

The validity of the petition submitted under subsection B of this section.
The notice requirements of this section.
The sufficiency of the submitted ballots.
The costs of the petition process.

I. All monies collected by the associate director pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund established by section 3-447.

J. The procedures prescribed by this section also apply for producers and shippers to rescind an exemption that was previously granted under this section. The rescission becomes effective on July 1 of a year as determined by the associate director. A rescission may not take effect until the exemption has been in effect for at least two years.

K. For the purposes of this section:

"Producer" means a single legal entity that has a percentage ownership interest in the marketed commodity.
"Year" means July 1 through June 30.

§ 3-458 Interstate shipments; requirements; out-of-state inspection certificates; irregular containers

A. It is unlawful for a person, firm, company, organization or corporation to import from another state for sale, to transport for delivery or to deliver for sale or to sell within this state a load or lot of citrus fruit unless it conforms to the grades and standards of maturity, condition and pack established pursuant to this article and rules adopted pursuant to this article.

B. The associate director shall examine each load or lot of citrus fruit entering the state to ascertain whether the fruit conforms to the established standards.

C. Citrus fruit grown in states that enforce grading standards equivalent to those established in this state may be permitted to enter this state when accompanied by an inspection certificate issued by the state or county enforcement authority in which the citrus fruit was grown disclosing that the load or lot conforms to the legally established standards in that state. The certificates shall be surrendered to the associate director.

D. Citrus fruit that enters the state in carload lots shall be accompanied by an inspection certificate, which shall be surrendered to the associate director by the receiver thereof. All shipments coming into the state by truck or other conveyance shall be inspected at the point of regular inspection by the associate director, and the certificates shall there be taken up by the associate director, and when coming in by railroad shall be inspected and the certificate taken up by the inspector at the point of destination.

E. When a motor vehicle is detained and its contents are found not to conform to the standards established pursuant to this article, the associate director or the associate director's duly authorized inspectors shall refuse entry of the citrus fruit into this state, but any load or lot of citrus fruit while in transit and consigned to a destination not within this state is exempt from these requirements when complying with the state quarantine requirements.

F. Citrus fruit may be offered for sale, sold or transported in, into or through this state in irregular containers, other than standard packages, when the irregular containers are so marked as to clearly indicate that they are not standard packages prescribed pursuant to this article.

§ 3-459 Rejection of shipment by carriers

A. A person may decline to ship, transport or accept for shipment any citrus fruit when notified by an inspector that the fruit is found to be in violation of this article or rules adopted pursuant to this article.

B. The person may reserve the right in the receipt, bill of lading or other writing to reject for shipment and to return to the owner citrus fruit which upon inspection of a representative sample are found to violate this article or rules adopted pursuant to this article.

§ 3-460 Bulk transfers

No provision of this article shall be construed:

To prevent a grower of citrus fruit from selling or delivering the fruit unpacked and unmarked, as a part of the crop in bulk, to a packer for grading, packing or storage.
To prevent a grower or packer from manufacturing the fruit into a by-product.
To prevent a packer or grower from selling the fruit unpacked or unmarked to a person actually engaged in the operation of a commercial by-products factory for the sole purpose of being used in the manufacture of a by-product for resale.

§ 3-461 Unlawful packing or sale of fruit

A. It is unlawful to pack or cause to be packed, to sell or offer for sale, to deliver for shipment, load, ship or transport for shipment, whether in domestic, interstate or foreign commerce, citrus fruit which does not conform to this article.

B. It is unlawful to prepare, deliver for shipment, load, ship, transport, offer for sale or sell for shipment from the state, in interstate or foreign commerce, or for domestic sale, a deceptive pack, load, arrangement or display of citrus fruit, or to mislabel a container or display of fruit.

§ 3-462 False pack or labeling; reuse of containers

A. No container of citrus fruit shall bear grade or other designations that are false or misleading, nor shall it contain any deceptive pack, deceptive arrangement or deceptive display.

B. Subsection A shall be construed to prohibit the repeated use of a container of citrus fruits bearing any markings required by this article, or any designations of brands, quality or grade, unless all markings which do not properly and accurately apply to the products repacked or replaced therein shall first be completely removed, erased or obliterated.

C. Nothing in this article shall be construed to conflict with any law of this state, or federal laws or regulations regarding net weight markings on containers.

§ 3-463 Mixing of inferior fruit prohibited

It is unlawful to mix or blend a lot of citrus fruit which fails to conform to the requirements of this article with another lot which does conform, thereby reducing the percentage of inferior fruit in the lot.

§ 3-464 Wrongful performance of duty; improper influence; classification

A. An inspector is guilty of a class 1 misdemeanor who:

Knowingly makes a wrong or improper inspection of citrus fruit.
Knowingly and improperly certifies that the grade, quality or condition of the citrus fruit does or does not conform to standards established by this article.
Knowingly fails to request the proper authorities to bring an action to prosecute violators of this article or rules adopted pursuant to this article.
Knowingly accepts money or other consideration directly or indirectly for an improper performance of his duty.

B. A person who knowingly and improperly influences an inspector in the performance of his duty is guilty of a class 1 misdemeanor.

§ 3-465 Venue of criminal actions

Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.

§ 3-466 Civil penalties; hearing

A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following:

Acts as a dealer or shipper without a valid license.
Knowingly falsifies or causes to be falsified information in a record intended to show proof of ownership.

B. A person is subject to a civil penalty of not more than three hundred dollars if the person does any of the following:

Makes a written or oral false, deceptive or misleading representation or assertion concerning the quality, size, maturity or condition of citrus fruit.
Alters, removes or destroys a warning notice from a lot or part of a lot to which it was affixed except on written authorization of an inspector, the associate director or the director or by court order.
Alters a notice of noncompliance, notice of compliance or notice of disposal that is issued by an inspector.
Refuses to submit any container or lot of citrus fruit governed pursuant to this article to an inspection of a representative sample or to refuse to stop and permit inspection of a representative sample of any commercial vehicle containing citrus fruit governed pursuant to this article.

C. A commission merchant is subject to a civil penalty of not more than five hundred dollars if the commission merchant does any of the following:

Knowingly makes a false or misleading statement as to the condition of any citrus fruit.
Makes a fraudulent charge or return for handling or selling citrus fruit or for rendering any service in connection with handling or selling citrus fruit.
Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.
Sells citrus fruit at less than market price to a person with whom the consignment merchant has a direct or indirect financial connection.
Makes a sale and directly or indirectly receives a portion of the purchase price other than the commission specified in the contract.

D. A person who is charged with violating this article or rules adopted pursuant to this article may request a hearing pursuant to title 41, chapter 6, article 10.

E. Civil penalties collected pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund.

Article 2.1 Arizona Citrus Research Council

§ 3-468 Definitions

In this article, unless the context otherwise requires:

"Citrus" means varieties of the genus citrus that are commercially produced in this state for the fresh market or for juice production but does not include commercially produced by-products or products manufactured for resale.
"Council" means the Arizona citrus research council.
"Grower-shipper" means a person who is engaged in this state in the business of packing, shipping, transporting or selling citrus of which the person is a grower, producer or owner.
"Handler" means a person who engages in marketing citrus on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise.
"Producer" means a person who is engaged in this state in the business of commercially producing or causing citrus to be commercially produced.

§ 3-468.01 Arizona citrus research council; appointment; term

A. The Arizona citrus research council is established consisting of five producers appointed by the governor. The members shall be appointed as follows:

Two producers from district one, including Yuma county.
One producer from district two, including Maricopa, Pima and Pinal counties.
Two producers appointed at large.

B. The governor may consult with any recognized organization in this state that represents citrus producers in appointing members to the council.

C. The term of office of each council member is for three years beginning January 1 and ending December 31 of the appropriate year. Members are limited to two consecutive terms of office, except that a member who is appointed to fill a vacancy may serve two consecutive terms plus the unexpired term that fills the vacancy. A member who completes a second three-year term is ineligible for reappointment for one year. On the expiration of a term of a member or in the event of a vacancy, the governor shall appoint a successor.

D. The office of a member is deemed vacant and the governor shall appoint a person to fill the remainder of the term under any of the following circumstances:

The member is no longer a producer.
The member is unable to perform the duties of the office.
The absence of the member from four consecutive council meetings if the absences have not been excused by the council.

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

§ 3-468.02 Powers and duties of the council

A. The council shall:

Receive and disburse monies to be used in administering this article.
Annually elect a chairman, secretary and treasurer from among its members.
Meet at least once each calendar quarter or at such times as called by the chairman or when requested by three or more members of the council. A quorum consists of three or more members of the council.
Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.
Prepare for the governor and the citrus industry an annual report of its activities, receipts and expenditures. A copy of the annual report shall be available to any interested citrus producer and the general public on request.
Organize and administer any referendum called under subsection C, paragraph 11 of this section.
Prescribe fees to be assessed within the limits prescribed in section 3-468.04.

B. The council may authorize or contract for:

Research, development and survey programs concerning varietal development.
Programs for citrus pest eradication.
Programs concerning production, harvesting, handling and hauling from field to market.
Any other programs, excluding sales or marketing, that the council deems to be appropriate for the purposes of this article.

C. The council may:

Disseminate reliable information, including the results of research studies, surveys and information obtained as a result of research.
Sue and be sued as a council, without individual liability, for acts of the council within the scope of the powers and duties conferred on it by this article.
Enter into contracts to carry out the purposes of this article, including contracts for research and development of citrus.
Appoint advisory groups composed of representatives from organizations, institutions, or businesses related to or interested in the welfare of the citrus industry.
Make grants to research agencies for financing appropriate studies, or for purchase or acquisition of equipment and facilities consistent with this article.
Employ or retain and fix the compensation of a qualified person or a qualified entity to manage on behalf of the council and other personnel that are necessary to carry out the provisions of this article.
Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar or related to those of the council and enter into contracts with such organizations or agencies for carrying on joint programs.
Act jointly and in cooperation with this state or any other state or the federal government, and spend monies to administer any program deemed by the council to be beneficial to the citrus industry of this state.
Adopt rules necessary to promptly and effectively administer this article.
Accept grants, donations, contributions, gifts, property or services or other assistance from public or private sources to further the objectives of this article.
Refer to the citrus producers in this state for an advisory vote the question of setting fees or establishing or continuing any program authorized by this article.
Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the authorized fees.
Provide for an annual audit of its accounts by a qualified public accounting firm and, if an audit or financial statement is prepared, shall make the audit or financial statement available to the general public and the auditor general on request.

§ 3-468.03 Administrative services; reimbursement

A. The council may employ staff, to serve at the pleasure of the council, and may prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article. The employees of the council are exempt from title 38, chapter 4 and chapter 5, article 2 and title 41, chapter 4, articles 5 and 6. The council may also enter into an interagency agreement pursuant to title 11, chapter 7, article 3 with the department to provide the necessary administrative services to the council including:

Providing secretarial and other services necessary for the council to carry out its activities.
Establishing separate operating accounts for the council.
Providing necessary financial and accounting services to the council including the issuance of checks, payment of bills approved by the council, annual audits, monthly or annual expenditure and receipt reports, preparation of an annual budget and any other financial activities requested by the council according to and under the provisions of state law.
Receiving mail and other communications for the council.
Receiving monies authorized under this article for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.
Accepting donated monies on behalf of the council to be credited to the account of the council.
Providing space for the meetings of the council.
Assisting in the adoption of rules proposed by the council.
Providing any other administrative services which the council requests or finds necessary.

B. If the department performs any function under this article, it acts as the agent of the council and has no authority or control over the council or the council's employees or assets.

C. The council shall reimburse the department for administrative services from the monies received under this article in an amount agreed on by the council and the department. Monies received by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the appropriate fund as required by section 3-108.

D. Department employees under contract to the council under provisions of an interagency agreement pursuant to title 11, chapter 7, article 3 remain under the direct supervision of the department unless otherwise agreed to by the council and the department.

§ 3-468.04 Fees; collection; budget

A. On or before July 1 of each year, the council shall assess a fee of not more than $.05 per standard carton or forty pounds of equivalent weight in bulk bins of citrus produced. The council may assess the fee for citrus produced for the fresh market and the fee for citrus produced for juice production at different amounts. For the purposes of this subsection, "standard carton" means a container or package prescribed for each kind of citrus fruit pursuant to article 2 of this chapter and rules adopted under that article.

B. Each grower-shipper, shipper and handler shall keep a complete and accurate record of all citrus handled by such entities and the producer. These records shall contain such information as required to be kept for the citrus, fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.

C. Assessments shall be collected from the grower-shipper, shipper or handler first marketing the citrus being assessed. The grower-shipper, shipper or handler is a trustee of the monies until they are paid to the council pursuant to subsection B of this section and according to procedures established pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. A citrus producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper, shipper or handler first marketing the citrus.

D. Before establishing the annual fee, the council shall establish a budget. The budget is effective on approval of the council.

E. Title 41, chapter 6 does not apply to setting and collecting the fee under this section, but the council shall provide thirty days' advance notice of the meeting at which any fee will be increased and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.

§ 3-468.05 Failure to pay fee; penalty; hearing; violation; classification

A. A person who is required to pay fees pursuant to section 3-468.04 and who fails to pay the fee within the time required by section 3-468.04 shall be assessed a penalty of ten per cent of the amount of the total fee and two per cent interest per month on the unpaid balance. The penalty and interest shall be paid to the council. The person may request a hearing before the council to dispute or determine the amount of any fee, penalty or interest imposed.

B. The council shall hold a hearing if requested. After the hearing the council shall enter its order determining the amount of any fee, penalty or interest. The person shall pay the fee, penalty and interest assessed within ten days after notice of the council's decision.

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article is guilty of a class 2 misdemeanor.

§ 3-468.06 Arizona citrus trust fund

A. The Arizona citrus trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Monies collected pursuant to this article shall be deposited in the trust fund.

B. The council shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the council, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from the investment shall be credited to the trust fund.

C. The beneficiary of the trust is the agricultural program established by this article. Monies in the trust fund shall be disbursed as approved by the council exclusively for the purposes prescribed in this article.

D. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

E. If the council is terminated, any monies in the trust fund shall be expended to meet existing legal obligations of the council. The council shall expend any remaining monies on any program consistent with this article.

§ 3-468.07 Indemnification of council members

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have acted in bad faith as a council member. The right of indemnification is in addition to other rights to which the member is entitled as a matter of law.

§ 3-468.08 Termination of council

A. The council may be terminated as provided in this section. The council shall conduct a referendum among the state's producers if either of the following occurs:

The council, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the citrus industry of this state to continue the existence of the council and its programs.
On receipt by the council of a petition calling for a referendum signed by ten per cent or more of the state's contributing producers, which shall be signed not more than six months before its presentation to the council.

B. The ballot for the referendum shall be in such form as to record a "yes" or "no" answer to the question: "Shall the existence of the Arizona citrus research council and its programs, as authorized in state statute, be continued?" If the majority or more of those producers voting votes in favor of discontinuing and terminating the council and its programs, the council shall recommend to the legislature that the council be terminated. If less than a majority of the producers who voted in the referendum favors termination of the council, no subsequent referendum may be conducted for at least two years. The council shall pay the expenses necessary to carry out the referendum.

Article 4 Fruit and Vegetable Standardization

§ 3-481 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the division.
"Bulk lot" means fresh fruit or vegetables that are not contained in a box, carton, crate or lug but may be contained in a bin or a similar container and are set apart from fresh fruit and vegetables that are packaged in containers authorized pursuant to this article or rules adopted pursuant to this article.
"By-products" means a product that is commercially processed or manufactured for resale from fruits or vegetables or their juices.
"Commission merchant" means a person that receives on consignment or solicits from the producer any fruit or vegetable for sale on commission on behalf of the producer or that accepts any fruit or vegetable in trust from the producer for the purpose of resale. Commission merchant does not include a shipper.
"Container" means a box, carton or lug that is used for packing, shipping or selling fruit or vegetables that are authorized by this article or rules adopted pursuant to this article.
"Dealer" means a person that sells, markets or distributes fruit or vegetables that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. Dealer does not include a shipper.
"Division" means the citrus, fruit and vegetable division of the department.
"Lot" means a unit of identical or similar items that are produced by one person and that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are produced by one person and that are included in the same shipping order, bill of lading or other itemized transport order.
"Packer" means a person, other than a producer, shipper or dealer, that is engaged in the business of harvesting or packing fruit or vegetables.
"Person" includes an individual, firm, association, partnership, trust or corporation.
"Producer" means a person that is engaged in this state in the business of producing or causing fruit or vegetables to be produced for market in commercial quantities.
"Shipper" means a person that ships, transports, sells or markets fruit or vegetables under the person's registered trademark or label or a person that first markets the fruit or vegetables on behalf of the producer. Shipper does not include a commission merchant.

§ 3-483 Associate director; qualifications

A. The associate director, as appointed and authorized by the director, shall administer and enforce this article and articles 2, 4.1 and 4.3 of this chapter and rules adopted pursuant to those articles. The director may delegate to the associate director any of the director's administrative responsibilities, powers or duties as the director considers to be necessary or desirable for the proper administration of those articles.

B. Before appointing the associate director, the director shall consult with the citrus, fruit and vegetable advisory council.

C. If the associate director dies, resigns or is discharged, the director shall appoint a successor as soon as practicable.

D. The associate director must be experienced in both of the following:

Management, budgets and program administration.
Citrus, fruit or vegetable quality assurance practices or produce safety procedures.

§ 3-484 Deputies and clerks; compensation; expenses

A. The compensation of the associate director shall be as determined pursuant to section 38-611. The associate director, with the approval of the director, shall fix the duties of each deputy and clerk. Compensation of the deputies and clerks shall be as determined pursuant to section 38-611.

B. The compensation of the associate director and all expenses properly incurred in the enforcement of this article, including compensation, travel and subsistence expenses and office expenses, shall be paid from the citrus, fruit and vegetable trust fund established by section 3-447.

§ 3-485 Relationship of standardization and marketing order programs

A. Citrus, fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing agreements.

B. The associate director may perform inspections and collect assessments and other monies on behalf of a marketing commission or marketing committee authorized under section 3-414. Any monies collected shall be disbursed through the commission or committee.

§ 3-486 Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty

A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh fruit or vegetables are produced, stored, packed or delivered for shipment, are transported or are offered for sale and inspect representative samples of the fresh fruit or vegetables and containers in order to determine compliance with this article and rules adopted pursuant to this article.

C. The inspector shall issue a notice of noncompliance to the person in possession of the lot or part of the lot that states:

A description of the lot or part of the lot.
The specific section of law on which the noncompliance is alleged.
The place where the lot or part of the lot is held.
The specific method of inspection, including the sample size.
The defect that caused the violation.
The percentage of defective product in the sample.
That the lot or part of the lot is subject to disposal if it is not reconditioned and brought into compliance within the time prescribed according to rules adopted pursuant to this article.

Diverting it to another lawful purpose, such as contributing it to a nonprofit charitable organization.
Selling it, other than in regular channels of trade, such as for processing.
Destroying it.

H. A person who violates the terms of a disposal notice is subject to a civil penalty of at least twenty-five dollars for each carton but not more than one thousand dollars.

§ 3-487 Rulemaking; definition

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules not in conflict with this article, as the associate director deems necessary to carry out this article.

B. On recommendation of the associate director, the director shall prescribe:

Standards and grades for fruit and vegetables produced in this state and a standard for fruit and vegetables without specific standards. In establishing the specific standards, the associate director shall consider factors that apply to the product, including maturity, color, shape, size, firmness, freedom from decay, diseases, mechanical and plant pest injury and any other factors that indicate quality and condition.
The size, dimensions, labeling and markings of containers that are to be used to pack fruit or vegetables and the packing arrangements of the commodity in the container.
A permit system for experimental containers, experimental products and experimental packs, including an application, permit number, quantity allowed by the permit, duration of the permit and recordkeeping and renewal provisions.
Sampling rules for lots and containers of fruit and vegetables to reasonably produce a fair representation of the entire lot or container sampled.
The time period allowed to recondition fruit or vegetables pursuant to section 3-486.
Appropriate reporting and recordkeeping requirements for shippers, including:

(a) Reporting totals for each commodity shipped.

(b) A requirement for records to be retained for the preceding two years on the amount of each commodity sold by the shipper for each producer for purposes of reporting under article 1 of this chapter.

(c) A requirement for records to be retained for the preceding year on the percentage ownership interest of each producer for each commodity sold by the shipper.

Appropriate reporting and recordkeeping requirements for commission merchants.

C. For the purposes of this section, "year" has the same meaning prescribed in section 3-491.

§ 3-488 Confidentiality of records; inspection of records

A. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed and notarized release to the associate director or the associate director's agent, a person may receive individual totals of commodities shipped by the shipper.

B. Records of shippers are subject to inspection during business hours by the associate director or the associate director's designee. The associate director or designee may investigate any records of any transaction of a commission merchant for possible violations of this article.

§ 3-489 Requests for inspection by unlicensed or unregistered persons; fees

A. A person who is not licensed under article 2 of this chapter or this article and who requests inspection of citrus, fruit, vegetables or nuts shall pay a fee to the citrus, fruit and vegetable trust fund. The associate director shall set the amount of the fee by rule and shall assess and collect the fee for inspection service performed by the associate director or the associate director's employees. The fee shall be an amount reasonably necessary to cover the costs of inspection and processing of the necessary documentation. Before setting the fee, the associate director shall consult with the citrus, fruit and vegetable advisory council.

B. The fee is due and payable on completing the inspection. If the fee is not paid, the associate director may refuse to perform any further inspection services.

C. The associate director may prescribe a different scale of fees for different locations and different commodities based on the amount of time necessary to inspect the commodities. The associate director may assess a charge for traveling expenses pursuant to title 38, chapter 4, article 2.

D. This section does not apply to any inspection services performed pursuant to article 1 of this chapter.

§ 3-490 Unlawful possession; inspection; proof of ownership; seizure; exceptions

A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of fruit or vegetables that are regulated pursuant to this article are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in possession.

B. If an inspector has probable cause to believe that at least fifty pounds of any fruit or vegetables that are regulated pursuant to this article are in unlawful possession in a vehicle, the inspector may request a peace officer to stop the vehicle for inspection and request proof of ownership from the person in possession.

C. Except as provided in subsection D of this section, for the purposes of this section, proof of ownership includes all of the following:

The name, address and telephone number of the seller.
The name, address and telephone number of the buyer, or consignee if not sold.
The common or generic name and quantity of the fruit or vegetable.
The date of the transaction and the date the transportation began.

D. A bill of lading, a bill of sale, data obtainable by electronic transmission or a similar type of document is considered proof of ownership for the purposes of this section.

E. The buyer and seller shall retain a copy of the documents showing proof of ownership for sixty days after delivery.

F. An inspector or peace officer may seize and hold a fruit or vegetable if, after requesting or inspecting the offered proof of ownership, the inspector or peace officer reasonably believes that the person is in unlawful possession of a fruit or vegetable regulated under this article.

G. If an investigation reveals the lawful owner of the fruit or vegetable that has been seized pursuant to this section, the fruit or vegetable shall be released to the owner or the owner's agent. If a seized fruit or vegetable remains unclaimed after a reasonable period of time, the associate director may donate the fruit or vegetable to a nonprofit charitable organization. If the fruit or vegetable does not comply with the standards prescribed pursuant to this article, the associate director may destroy it.

H. This section does not apply to:

Fruit or vegetables that are transported from the farm where they are produced to a commercial packing plant in this state for processing or packing.
Fruit or vegetables that are transported and accompanied by a valid disposal order issued by an inspector to comply with this article or rules adopted pursuant to this article.

§ 3-491 Exemption from fruit or vegetable standardization; definitions

A. The associate director shall exempt any fruit or vegetable commodity from all rules established pursuant to section 3-487, subsection B, paragraphs 1 through 5 and shall exempt the collection of assessments for the commodity subject to this article if the exemption is supported by at least fifty-one percent of the producers that produce at least fifty-one percent of the total quantity of that particular fruit or vegetable commodity that was marketed during the preceding year and all of the other requirements of this section have been met. For the purposes of this subsection, "quantity" means the percentage of ownership interest a producer has in the marketed cartons.

The name of each producer of the particular commodity that the shipper deals with.
The total number of cartons produced in the preceding year by each producer based on the percentage of ownership.
The vote of each producer based on the percentage of ownership of cartons.

E. If a shipper fails to return the ballot as prescribed by subsection D of this section, the associate director may audit the shipper to ensure compliance with this article.

H. The petitioner and any producer or shipper of the commodity for which exemption is being sought has the right to appeal to the director on any of the following issues:

The validity of the petition submitted under subsection B of this section.
The notice requirements of this section.
The sufficiency of the submitted ballots.
The costs of the petition process.

I. All monies collected by the associate director pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund established by section 3-447.

K. For the purposes of this section:

"Producer" means a single legal entity that has a percentage ownership interest in the marketed commodity.
"Year" means July 1 through June 30.

§ 3-492 Licensing dealers and shippers; application; fees; penalty

A. A person may not act as a dealer or shipper without first obtaining a license as provided in this article. Application for the license shall be filed with the associate director 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:

If the annual gross sales are five hundred thousand dollars or more, the annual fee is five hundred dollars.
If the annual gross sales are between two hundred thousand dollars and five hundred thousand dollars, the annual fee is three hundred fifty dollars.
If the annual gross sales are two hundred thousand dollars or less, the annual fee is two hundred dollars.
If the person was not in business the previous fiscal year, the annual fee is two hundred dollars.

B. If a person engages in business in more than one category as a dealer or shipper, the license designation shall be based on the category in which most of the licensee's business is conducted.

C. The monies received as license fees under this section shall be paid into the citrus, fruit and vegetable trust fund. The license shall expire on September 1 of each year and is renewable annually.

D. The application for a dealer or shipper license shall contain the following information:

The full name of the person applying for the license.
Whether the applicant is an individual, partnership, firm, corporation, association, trust or cooperative association and the full name of each member of the partnership or firm, the full name of each officer and director of the association or corporation or the full name of each trustee.
The principal business address of the applicant in this state and elsewhere and the address where the applicant conducts the described business.
The name of the statutory agent in this state for service of legal notice.
The category of license for which the applicant is applying.
A statement of the facts, signed under penalty of perjury, entitling the applicant to a license under the applicable category and stating whether the applicant has ever had any license to handle citrus, fruit or vegetables in any state denied, suspended or revoked.
If the applicant acts as a commission merchant, a schedule of commissions and charges for services, which may not be altered during the term of the license except by written agreement between the parties involved.

E. The associate director shall issue to the applicant a license to conduct the business described for a period of one year unless it is revoked for cause.

F. An applicant who tenders a renewal application for a license that is received by the associate director after September 15 shall pay a penalty of twenty-five dollars. An applicant who tenders a renewal application for a license that is received after October 1 shall pay a penalty of fifty dollars. All penalties shall be deposited in the citrus, fruit and vegetable trust fund.

§ 3-494 Denial or revocation of license; hearing

A. In determining whether to refuse to issue a license, the associate director shall consider:

The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation.
The financial condition of the applicant as of the date of the application.
Any outstanding judgments against the applicant.
Previous violations of this article and rules adopted pursuant to this article by any person who is an officer, director, member or trustee of the applicant.
Fraudulent, misleading or incomplete statements in the application.
Any other facts the associate director considers necessary to determine the qualifications of the applicant.

B. The associate director may revoke a license if the licensee commits any of the following acts:

Fails or refuses within a reasonable time to render a true account of sale, to make a proper settlement of the account or to pay for citrus fruit, fruit or vegetables received.
Fails or refuses to pay assessment fees, penalties or interest due and owing under this article and rules adopted pursuant to this article for a period of four months.
Knowingly makes false or misleading statements as to the condition of any citrus fruit, fruit or vegetable.
Makes fraudulent charges or returns for handling or selling any citrus fruit, fruit or vegetable or for rendering any service in connection with handling or selling any citrus fruit, fruit or vegetables.
Makes fraudulent or misleading statements to obtain a license.
Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.
Any violation of section 3-521.

C. A person whose license has been denied or revoked may request a hearing pursuant to title 41, chapter 6, article 10.

§ 3-496 List of licensees; display of license

A. The associate director may publish a pamphlet containing a list of all licensed dealers and shippers and the rules pertaining to the enforcement of this article.

B. Each licensed dealer and shipper shall keep the license in the dealer's or shipper's office or at the dealer's or shipper's principal place of business.

§ 3-497 Adopting new or revised standards; exception

A. Ten or ten percent of the producers or shippers of a fruit or vegetable, whichever is less, may petition the associate director to adopt a standard.

B. Ten or ten percent, whichever is less, of the producers or shippers of a fruit or vegetable for which a standard has been established by rule may petition the associate director to modify the standard.

C. Within thirty days after receiving a valid petition, the associate director, after notifying all other known producers and shippers of the fruit or vegetable, shall hold a public meeting to receive comment on the proposed new standard. Within fifteen days after the meeting, the associate director shall either deny the petition in writing stating the reasons for denial or initiate rulemaking proceedings.

D. This section does not apply to any commodity that is exempt from standardization under section 3-491.

§ 3-498 Appeals from inspection; fee

A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards and other rules adopted pursuant to this article, the owner or agent may request that the associate director or the associate director's designee, other than the inspector, review the testing procedures used by the inspector. When reviewing the procedures, the associate director or designee shall consider the accuracy of the test instruments, the inspection methods, including the sample size, the defect determination, the percentage of the defective product and any other relevant information.

B. The associate director or designee shall conduct the review within eight hours after the request. If the associate director or designee determines that the inspector used improper testing procedures, a new inspection shall be ordered of the lot or part of the lot within four hours after completing the review in order to determine compliance. The determination after the reinspection is final.

C. The person who requests the review shall pay a fee of twenty-five dollars for the review. All monies collected under this subsection shall be deposited in the citrus, fruit and vegetable trust fund.

§ 3-499 Shipping point and terminal market inspections; fees; Arizona federal-state inspection fund

A. The department may:

Conduct shipping point and terminal market inspections of fresh fruit, vegetables and other products pursuant to one or more cooperative agreements with the United States department of agriculture.
Establish and collect inspection fees for work performed under any such agreement. The fees shall be reasonable and adequate to cover the cost of the services performed.
Prepare, furnish and retain program reports as prescribed by the cooperative agreement.

B. The Arizona federal-state inspection fund is established consisting of revenues from fees and expenses collected pursuant to this section. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. Monies in the fund are continuously appropriated to the department and may be used only for conducting work under, and related expenses prescribed by, the cooperative agreement. The department shall maintain a complete accounting of all receipts and disbursements from the fund. The fund is subject to such periodic independent audits as prescribed by the cooperative agreement.

§ 3-518 Exempt transactions

This article shall not prevent:

A producer of fruit or vegetables in the state from selling or delivering his products unpacked and unmarked in bulk to a packer in this state for grading, packing or storage.
A producer or packer from manufacturing the products into a by-product.
A producer from selling the products unpacked or unmarked to a person engaged in the operation of a commercial by-products factory for the purpose of being used in the manufacture of a by-product for resale.

§ 3-519 Rejection by carriers

A. A person may decline to ship, transport or accept for shipment any fruit or vegetable within the meaning of this article when notified by an inspector that the products delivered for shipment violate this article or rules adopted pursuant to this article.

B. The person may reserve the right in a receipt, bill of lading or other writing to reject for shipment and return to the owner all fruit or vegetables which, upon inspection of a representative sample, are found to violate this article or rules adopted pursuant to this article.

§ 3-520 Wrongful performance of duty by inspector; improper influence; classification

A. An inspector is guilty of a class 1 misdemeanor who:

Knowingly makes a wrong or improper inspection of a fruit or vegetable product.
Knowingly and improperly certifies that the grade, quality or condition of a fruit or vegetable product does or does not conform to the standards established under this article.
Knowingly fails to request the proper authorities to bring an action to prosecute violators of this article or rules adopted pursuant to this article.
Knowingly accepts money or other consideration directly or indirectly for an improper performance of his duty.

B. Any person who knowingly and improperly influences an inspector in the performance of his duty is guilty of a class 1 misdemeanor.

§ 3-521 Civil penalties; hearing

A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following:

Acts as a dealer or shipper without a valid license.
Knowingly falsifies or causes to be falsified information in a record intended to show proof of ownership.

B. A person is subject to a civil penalty of not more than three hundred dollars if the person does any of the following:

Makes a written or oral false, deceptive or misleading representation or assertion concerning the quality, size, maturity or condition of fruit or vegetables.
Alters, removes or destroys a warning notice from a lot or part of a lot to which it was affixed except on written authorization of an inspector, the associate director or the director or by court order.
Alters a notice of noncompliance, notice of compliance or notice of disposal that is issued by an inspector.
Refuses to submit any container or lot of fruit or vegetables governed by this article to an inspection of a representative sample or refuses to stop and permit inspection of a representative sample of any commercial vehicle containing fruit and vegetables governed by this article.

C. A commission merchant is subject to a civil penalty of not more than five hundred dollars if the commission merchant does any of the following:

Knowingly makes a false or misleading statement as to the condition of any fruit or vegetable.
Makes a fraudulent charge or return for handling or selling a fruit or vegetable or for rendering any service in connection with handling or selling a fruit or vegetable.
Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.
Sells a fruit or vegetable at less than market price to a person with whom the consignment merchant has a direct or indirect financial connection.
Makes a sale and directly or indirectly receives a portion of the purchase price other than the commission specified in the contract.

D. A person who is charged with violating this article or rules adopted pursuant to this article may request a hearing before an administrative law judge pursuant to title 41, chapter 6, article 10. The decision of the administrative law judge is subject to review by the director as provided by title 41, chapter 6, article 10.

E. Civil penalties collected pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund.

§ 3-523 Venue of criminal actions

Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.

Article 4.1 Produce Safety

§ 3-525 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the citrus, fruit and vegetable division of the department.
"Farm" has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and includes production farms and harvesting, holding and packing operations.
"Harvesting":

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and is limited to activities performed on produce without additional manufacturing or processing on a farm.

(b) Includes:

(i) Activities that are traditionally performed on farms for the purposes of removing produce from the place it was grown or raised and preparing it for use as food.

(ii) Separating the edible portion of the produce from the crop plant and removing or trimming part of the produce.

(iii) Cooling, field coring, gathering, hulling, shelling, removing stems from, trimming outer leaves from and washing produce grown on a farm.

"Holding":

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.

(b) Includes:

(i) Storage of produce in facilities such as warehouses and cold storage facilities.

(ii) Activities performed incidental to the storage of produce, such as fumigating citrus during storage.

(iii) Activities performed as a practical necessity for the distribution of produce, such as blending produce and breaking down pallets.

"Packing":

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.

(b) Includes:

(i) Placing produce into a container.

(ii) Repacking.

(iii) Activities performed incidental to packing or repacking produce, such as sorting, culling, grading and weighing or conveying and other incidental activities performed for the safe or effective packing or repacking of produce.

(i) Activities that transform produce into a processed food.

(ii) Packaging produce for retail sale.

"Produce":

(a) Means any harvested part of a fruit or vegetable that is consumed raw, including mushrooms, sprouts, tree nuts and herbs, and that is subject to the requirements of the produce safety rule as provided by 21 Code of Federal Regulations sections 112.1 and 112.2.

(b) Does not include food grains or seeds of arable crops.

"Produce safety rule" means the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252).

§ 3-525.01 Produce safety rule; state administration; powers and duties; advisory council

A. The department is designated as the agency for this state for all purposes of the produce safety rule.

B. The director may:

Negotiate, consult and collaborate with the United States food and drug administration and do all things consistent with this article that are necessary to obtain and maintain federal approval and delegation of authority to regulate produce that is subject to the produce safety rule with respect to produce that is grown, harvested, packed or held in this state.
Consult, cooperate, collaborate and, if necessary, enter into formal intergovernmental and interagency agreements and memoranda of understanding with federal agencies, with agencies, instrumentalities and political subdivisions of this state and with nongovernmental organizations concerning the application of the produce safety rule as necessary to administer this article.
Apply for, accept and spend federal and other nonstate financial aid and allowances that may be available for the purpose of administering this article.
Accept advisory, technical and training assistance in planning and otherwise developing the produce safety activities under this article, including curricular and instructional materials, equipment and other materials and assistance that are useful for administering this article.
Facilitate cooperation among federal, state, local and private entities to help coordinate and enhance the protection of agriculture and food systems.
Use any available federal process to petition for a variance, waiver or exemption from federal requirements that may be desirable, advantageous or necessary to accommodate state or local conditions or considerations.
To minimize the economic and operational burdens created from multiple food safety program audits or inspections, use any available federal process to obtain approval from the United States food and drug administration that the standards of a food safety program under the department's authority align with the produce safety rule such that the program satisfies the produce safety rule's requirements.

C. The associate director shall:

Establish training activities and outreach and technical assistance programs to encourage the acceptance, cooperation, participation and compliance by owners, lessees, operators and designated representatives of farms, harvesters, holders, packers, commodity groups and other members of the regulated community.
Establish a continuing program for training employees and agents of the department to ensure a high level of knowledge of the law and skill in identifying, assessing and addressing risks to public health with the least disruption of a safe food supply.
Plan, develop, coordinate and administer the state program for administering the requirements of this article, including technical, laboratory and training activities.

D. As authorized by the director, the associate director may:

Use the cooperative extension service under chapter 1, article 3 of this title to the extent possible to accomplish the purposes of this article.
Issue certificates as evidence of completion of formal training programs by owners, lessees, operators and designated representatives of farms.

E. The citrus, fruit and vegetable advisory council shall assist and advise the director and associate director on matters under this article pursuant to article 4.3 of this chapter.

§ 3-525.02 Produce safety trust fund

A. The produce safety trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established pursuant to this article. The trust fund consists of:

Monies appropriated by the legislature for that purpose.
Monies collected pursuant to this article.
Gifts, grants and other donations from public or private sources and designated for deposit in the trust fund.

B. Monies in the produce safety trust fund are continuously appropriated to the department and shall be used solely for the purpose of administering and enforcing this article.

C. The director shall administer the produce safety trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury under this section, which are considered to be trust monies as defined in section 35-310 and which may not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest any trust fund monies in the state treasury pursuant to sections 35-313 and 35-314.03, and all interest earned on these monies shall be credited to the trust fund.

D. The beneficiary of the trust is the agricultural program established pursuant to this article.

E. Monies in the produce safety trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund but shall be carried forward to the following year.

F. The department shall maintain a detailed accounting of all monies deposited in and disbursed from the produce safety trust fund.

§ 3-525.03 Inventory of farms; covered farms; information requirements; qualified exemptions

A. The department shall maintain an inventory of farms in this state that are subject to the requirements of this article.

B. A farm having average annual sales during the previous three-year period of twenty-five thousand dollars or more on a rolling basis, adjusted annually according to annual changes in the GDP price deflator as defined in section 41-563, is a covered farm for the purposes of this section.

C. Each covered farm as described in subsection B of this section shall submit information requested by the associate director not later than October 1 of each year. The associate director shall prescribe the manner and form for submission, including electronic submission, requiring only the minimum information considered necessary to accomplish the purposes of this article. A farm shall notify the department within sixty days after a material change to any of the information previously submitted during the year.

D. A farm that does not meet the requirements of subsection B of this section is not a covered farm and is not subject to the requirements of this article.

E. The associate director may issue a qualified exemption from the requirements of this article to a covered farm that satisfies the requirements, terms and conditions prescribed in 21 Code of Federal Regulations section 112.5. To obtain a qualified exemption, a farm that is eligible for a qualified exemption under this subsection must comply with all of the following:

Apply for the exemption on a form issued by the associate director.
Receive approval for the exemption.
Maintain and demonstrate compliance with the requirements prescribed by this article and the rules adopted pursuant to this article.

§ 3-525.04 Inspections and investigations; records; notice; report

A. The owner, lessee, operator or designated representative of a covered farm under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times to:

Inspect records, investigate and determine compliance with the produce safety rule, this article and rules adopted pursuant to this article.
Follow up or complete prior inspections or determine the status of or compliance with corrective measures.

B. The owner, lessee, operator or designated representative of a farm shall:

Maintain records required by the produce safety rule, this article and rules adopted pursuant to this article.
Make those records available to an authorized employee or agent of the department within twenty-four hours after an electronic or written request.

C. Inspections and investigations under this section shall be on reasonable notice to the owner, lessee, operator or designated representative of the farm unless reasonable grounds exist to believe that such a notice would impede the enforcement of this article. The director may, and if required by law shall, apply for and obtain warrants for entry and inspection.

D. The owner, lessee, operator or designated representative of a farm that is subject to a qualified exemption under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times:

To review relevant records to confirm that the farm complies with the requirements for its qualified exemption.
For an active investigation of a food-borne illness outbreak that is linked to the farm, for the purpose of inspecting and securing representative and relevant samples or specimens.

E. The department shall use the state agricultural laboratory, a laboratory certified by the state agricultural laboratory or any other laboratory recognized by the United States food and drug administration for any necessary laboratory analysis of samples or specimens secured through an inspection pursuant to this section.

F. Except as otherwise provided by this section, inspections are subject to the requirements of section 41-1009.

G. On request, the associate director shall issue a copy of the inspection report to the farm's owner, lessee, operator or designated representative.

H. This section does not limit the department's authority to respond to an emergency or a public health hazard, including communication with applicable state and federal agencies.

§ 3-525.05 Production and harvesting standards; violations; corrective actions; civil penalty; appeals

A. Consistent with the produce safety rule, the director shall administer science-based minimum standards for the safe production and harvesting of produce to minimize the risk of serious adverse health consequences or death.

B. If the director finds that produce is being grown, harvested, packed or held in violation of this article and rules adopted pursuant to this article, the director may consult and coordinate with applicable federal, state, tribal and local officials to produce a corrective action plan that includes reinspection, education, training and alternate enforcement approaches with the goal of addressing the present violation and preventing future violations.

C. The director shall adopt rules to address, correct and remediate violations of this article and rules adopted pursuant to this article that are progressively graduated according to the nature and urgency of the violation and the risk to public health and safety.

D. To remedy violations that are associated with risks or hazards to public health and to prevent the entry of contaminated produce into the marketplace, the director may take any action to enforce this article and rules adopted pursuant to this article, including:

A stop sale order.
The seizure and embargo of offending produce.

E. The director may assess a civil penalty of not more than one thousand dollars for each violation of this article or a rule adopted pursuant to this article. The department shall transmit any monies received under this section to the state treasurer for deposit in the produce safety trust fund established by section 3-525.02.

F. A person who violates this article or rules adopted pursuant to this article may request a hearing before an administrative law judge pursuant to title 41, chapter 6, article 10. The decision of the administrative law judge is subject to review by the director as provided by title 41, chapter 6, article 10.

§ 3-525.06 Access to public information; exceptions; disclosure

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.

§ 3-525.07 Violations; classification; injunctive relief

A. A person is guilty of a class 1 misdemeanor who knowingly:

Impedes, obstructs, hinders, improperly influences or otherwise prevents or attempts to prevent the director, the associate director or any authorized employee, inspector or agent of the department in performing any duty in connection with this article.
Makes any materially false statement or representation in any written document required to be submitted or maintained pursuant to section 3-525.03 or 3-525.04.

B. An inspector is guilty of a class 1 misdemeanor who knowingly:

Makes a wrong or improper inspection pursuant to this article.
Accepts monies or other consideration either directly or indirectly in exchange for an improper performance of the inspector's duty.
Seizes any produce improperly or unlawfully while acting under this article.
Fails to request that the proper authorities bring an action to prosecute a violation of this article or rules adopted pursuant to this article.

C. If a person fails or refuses to comply with or continues to violate any provision of this article or a rule adopted pursuant to this article, the director may apply for and the court may grant a temporary restraining order or preliminary or permanent injunction. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

§ 3-525.08 Rules

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules that are not in conflict with this article as the associate director considers to be necessary to carry out the purposes of this article.

B. At least thirty days before any hearing at which a new rule or a change in an existing rule will be considered, the director shall send a copy of the notice to persons or entities that have requested notice for the purposes of this subsection.

C. Rules adopted pursuant to this section are exempt from the provisions of title 41, chapter 6 relating to administrative procedure.

Article 4.2 Arizona Iceberg Lettuce Research Council

§ 3-526 Definitions

In this article, unless the context otherwise requires:

"Council" means the Arizona iceberg lettuce research council.
"Grower-shipper" means a person who is engaged in this state in the business of packing, shipping, transporting or selling iceberg lettuce of which he is a grower, producer or owner.
"Handler" means a person who engages in marketing iceberg lettuce on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise.
"Iceberg lettuce" means varieties of lettuce produced in this state of the types which are distinguished as "crisphead" in the publication entitled "lettuce production in the United States, agricultural handbook no. 221", August 1974 revision, issued by the agricultural research service of the United States department of agriculture. Iceberg lettuce does not include the types of lettuce distinguished in such publication by the terms "butterhead", "cos or romaine" and "looseleaf".
"Producer" means a person engaged in this state in the business of producing or causing to be produced iceberg lettuce.

§ 3-526.01 Arizona iceberg lettuce research council; appointment; term

A. The Arizona iceberg lettuce research council is established consisting of seven producers appointed by the governor. The members shall be appointed as follows:

Four producers from Yuma county.
Three producers from any iceberg lettuce producing area in this state.

B. The governor may consult with any recognized vegetable grower and shipper organizations in this state in appointing members to the council.

D. The office of a member is deemed vacant and the governor shall appoint a person to fill the remainder of the term under any of the following circumstances:

The member is no longer a producer.
The member is unable to perform the duties of the office.
The absence of the member from four consecutive council meetings if the absences have not been excused by the council.

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

§ 3-526.02 Powers and duties of the council

A. The council shall:

Receive and disburse monies to be used in administering this article.
Annually elect a chairman, secretary and treasurer from among its members.
Meet at least once each calendar quarter or at such times as called by the chairman or when requested by four or more members of the council. A quorum consists of four or more members of the council.
Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.
Prepare for the governor and the iceberg lettuce industry an annual report of its activities, receipts and expenditures. A copy of the annual report shall be available to any interested iceberg lettuce producer and the general public on request.
Organize and administer any referendum called under subsection C, paragraph 11 of this section.
Prescribe fees to be assessed within the limits prescribed in section 3-526.04.

B. The council may authorize or contract for:

Research, development and survey programs concerning varietal development.
Programs for lettuce pest eradication.
Programs concerning production, harvesting, handling and hauling from field to market.
Any other programs, excluding sales or marketing, that the council deems to be appropriate for the purposes of this article.

C. The council may:

Disseminate reliable information, including the results of research studies, surveys and information obtained as a result of research.
Sue and be sued as a council, without individual liability, for acts of the council within the scope of the powers and duties conferred on it by this article.
Enter into contracts to carry out the purposes of this article, including contracts for research and development of iceberg lettuce.
Appoint advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the welfare of the iceberg lettuce industry.
Make grants to research agencies for financing appropriate studies, or for purchase or acquisition of equipment and facilities consistent with this article.
Employ or retain and fix the compensation of a qualified person or a qualified entity to manage the affairs of the council on behalf of the council and other personnel that are necessary to carry out the provisions of this article.
Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar or related to those of the council and enter into contracts with such organizations or agencies for carrying on joint programs.
Act jointly and in cooperation with this state or any other state or the federal government, and spend monies to administer any program deemed by the council to be beneficial to the iceberg lettuce industry of this state.
Adopt rules necessary to promptly and effectively administer this article.
Accept grants, donations, contributions, gifts, property or services or other assistance from public or private sources to further the objectives of this article.
Refer to the iceberg lettuce producers in this state for an advisory vote the question of setting fees or establishing or continuing any program authorized by this article.
Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the authorized fees.
Provide for an annual audit of its accounts by a qualified public accounting firm and, if an audit or financial statement is prepared, shall make the audit or financial statement available to the general public and the auditor general on request.

§ 3-526.03 Administrative services; reimbursement

Providing secretarial and other services necessary for the council to carry out its activities.
Establishing separate operating accounts for the council.
Providing necessary financial and accounting services to the council including the issuance of checks, payment of bills approved by the council, annual audits, monthly or annual expenditure and receipt reports, preparation of an annual budget and any other financial activities requested by the council according to and under the provisions of state law.
Receiving mail and other communications for the council.
Receiving monies authorized under this article for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.
Accepting donated monies on behalf of the council to be credited to the account of the council.
Providing space for the meetings of the council.
Assisting in the adoption of rules proposed by the council.
Providing any other administrative services which the council requests or finds necessary.

B. If the department performs any function under this article, it acts as the agent of the council and has no authority or control over the council or the council's employees or assets.

C. The council shall reimburse the department for administrative services from the monies received under this article in an amount agreed on by the council. Monies received by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the appropriate fund as required by section 3-108.

D. Department employees under contract to the council under provisions of an interagency agreement pursuant to title 11, chapter 7, article 3 shall remain under the direct supervision of the department unless otherwise agreed to by the council and department.

§ 3-526.04 Fees; collection; budget

A. On or before July 1 of each calendar year, the council shall assess a fee of not more than one-half cent per carton of packed iceberg lettuce or bulk bins assessed according to forty-five pounds of equivalent weight of iceberg lettuce prepared for market or an equivalent basis.

B. Each grower-shipper, shipper and handler shall keep a complete and accurate record of all iceberg lettuce handled by such entities and the producer. These records shall contain such information as required to be kept for the citrus, fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.

C. Assessments shall be collected from the grower-shipper, shipper or handler first marketing the iceberg lettuce being assessed. The grower-shipper, shipper or handler is a trustee of the monies until they are paid to the council at the time and in the manner prescribed by the council. An iceberg lettuce producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper, shipper or handler first marketing the iceberg lettuce.

D. Before establishing the annual fee, the council shall establish a budget. The budget is effective on approval of the council.

§ 3-526.05 Failure to pay fee; penalty; hearing; violation; classification

A. A person who is required to pay fees pursuant to section 3-526.04 and who fails to pay the fee within the time required by the council shall be assessed a penalty of ten per cent of the amount of the total fee and two per cent interest per month on the unpaid balance. The penalty and interest shall be paid to the council. The person may request a hearing before the council to dispute or determine the amount of fee, penalty or interest imposed.

B. The council shall hold a hearing if requested. The council shall, following the hearing, enter its order determining the amount of any fee, penalty or interest. The person shall pay the fee, penalty and interest assessed within ten days of notice of the council's decision.

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article is guilty of a class 2 misdemeanor.

§ 3-526.06 Iceberg lettuce trust fund

A. The iceberg lettuce trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Monies collected pursuant to section 3-526.04 shall be deposited in the trust fund.

D. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

§ 3-526.07 Indemnification of council members

§ 3-526.08 Termination of council

A. The council may be terminated as provided in this section. The council shall conduct a referendum among the state's producers if either of the following occurs:

If the council, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the iceberg lettuce industry of this state to continue the existence of the council and its programs.
On receipt by the council of a petition calling for a referendum signed by ten per cent or more of the state's contributing producers, which shall be signed not more than six months before its presentation to the council.

B. The ballot for the referendum shall be in such form as to record a "Yes" or "No" answer to the question: "Shall the existence of the Arizona iceberg lettuce research council and its programs, as authorized in state statute, be continued?" If the majority or more of those producers voting votes in favor of discontinuing and terminating the council and its programs, the council shall recommend to the legislature that the council be terminated. If less than a majority of the producers who voted in the referendum favors termination of the council, no subsequent referendum may be conducted for at least two years. The council shall pay the expenses necessary to carry out the referendum.

Article 4.3 Citrus, Fruit and Vegetable Advisory Council

§ 3-527 Definitions

In this article, unless the context otherwise requires:

"Council" means the citrus, fruit and vegetable advisory council.
"Director" means the director of the Arizona department of agriculture.

§ 3-527.01 Citrus, fruit and vegetable advisory council; membership; terms; vacancy; compensation; definition

A. The citrus, fruit and vegetable advisory council is established consisting of members appointed by the governor as follows:

One citrus producer.
One apple, grape or tree fruit producer.
One iceberg lettuce producer from Yuma county.
Four fruit or vegetable producers, excluding producers exclusively engaged in growing citrus, apples, grapes or tree fruit, including one fruit or vegetable producer from Maricopa, Pinal or Pima county and one from Yuma or La Paz county.
One member from Santa Cruz county who is subject to article 4.1 of this chapter. If no person from Santa Cruz county applies for the position, the governor may appoint a member at large who is engaged in harvesting, holding or packing as defined in section 3-525 and who is subject to article 4.1 of this chapter.
One member who operates a farm or an entity engaged in harvesting or packing that is subject to article 4.1 of this chapter and for which, on a rolling basis during the three-year period before the member's appointment, the farm's average annual monetary value of produce sold or the value of the entity's harvesting or packing services was at least two hundred fifty thousand dollars but not more than five hundred thousand dollars.

B. The governor may consult with any recognized citrus, fruit and vegetable organization in this state in making appointments to the council.

C. The term of office of each council member is three years and shall begin on January 1 and end on December 31 of the appropriate year. On the expiration of a term of a member or in the event of a vacancy, a successor shall be appointed by the governor.

D. The office of any member is deemed vacant and the governor shall appoint a person to fill the remainder of the term under any of the following circumstances:

The member no longer meets the qualifications for appointment.
The member is unable to perform the duties on the council.
The member has become a resident of another state.
The member is absent from four consecutive council meetings if the absences have not been excused by the council.

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

F. For the purposes of this section, "producer" means a person that is engaged in the business of producing citrus, fruits or vegetables in this state or causing citrus, fruits or vegetables to be produced in this state for distribution and sale through interstate commerce.

§ 3-527.02 Powers and duties of the council

A. The council shall:

Annually elect a chairman and vice chairman from among its members.
Meet at least once each calendar quarter and at such additional times as called by the chairman or if requested by four or more members of the council.
Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.

B. The council shall advise the director and the associate director of the citrus, fruit and vegetable division on all matters pertaining to articles 2, 4 and 4.1 of this chapter, including the following:

Review all statutes and rules relating to articles 2, 4 and 4.1 of this chapter.
Make recommendations concerning inspection services, inspection procedures and training concerning articles 2, 4 and 4.1 of this chapter.
Make recommendations concerning amendments to existing statutes relating to articles 2, 4 and 4.1 of this chapter.
Review all proposed changes in statutes relating to articles 2, 4 and 4.1 of this chapter that the department recommends to the legislature.
Make recommendations concerning additions, modifications or repeals of rules relating to articles 2, 4 and 4.1 of this chapter.
Review all additions, modifications or repeals of rules relating to articles 2, 4 and 4.1 of this chapter that are proposed to be adopted by the director.
Make recommendations concerning the annual budget and fees that are necessary to provide procedures and services relating to articles 2, 4 and 4.1 of this chapter.
Review procedures and make recommendations regarding enforcement actions under article 2, 4 or 4.1 of this chapter.
Review and make recommendations relating specifically to the following matters under article 4.1 of this chapter:

(a) Produce safety policies that are proposed or adopted by statute, rule, guidance document or order or as applied in practice.

(b) The implementation and operation of the produce safety program under article 4.1 of this chapter, including the adequacy and sources of funding for those purposes.

(c) The progress and success of education, training and outreach efforts pursuant to section 3-525.01, subsection C, paragraphs 1 and 2.

(d) The perception, evidence and consequences of overregulation of farms under the requirements of article 4.1 of this chapter.

Recommend any other items that the council deems to be appropriate for furthering the purposes of article 2, 4 or 4.1 of this chapter.

C. If the council makes any recommendations pursuant to subsection B of this section, the director or the associate director of the citrus, fruit and vegetable division, as appropriate, shall accept the recommendations if they are found to be practicable and in the interests of the citrus, fruit and vegetable industry. If the director or associate director does not accept all or any part of the council's recommendations, the director or associate director shall provide a written statement of reasons to the council within fifteen days.

D. Recommendations made pursuant to subsection B, paragraph 2 or 8 of this section shall not include actions relating to individual inspection personnel or individual enforcement actions.

§ 3-527.03 Administrative services; reimbursement

A. The department shall provide the necessary administrative services to the council in furtherance of its activities including:

Providing secretarial and other services necessary for the council to carry out its activities.
Receiving mail and other communications for the council.
Providing space for the meetings of the council.
Providing any other administrative services which the council requests or finds necessary, including financial and accounting services and assistance in developing proposed rules for submission to the director.

B. The council shall reimburse the department for administrative services from the monies received under article 2 or 4 of this chapter in an amount agreed on by the council and department.

§ 3-527.04 Indemnification of council members

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have been acting in bad faith as a council member. The right of indemnification is in addition to other rights to which such member is entitled as a matter of law.

Article 7 Sale of Food Products by Producers

§ 3-561 Definitions

In this article, unless the context otherwise requires:

"Food product" includes:

(a) Every product of the soil in its natural or manufactured state.

(b) Beef and beef products.

(d) Fowls and poultry products.

(e) Eggs and egg products.

(f) Milk and milk products.

(g) Lamb and sheep products.

(h) Animal feed that is grown or raised by the producer and sold as feed for livestock, poultry or ratites purchased or raised for slaughter, including livestock purchased or raised for production or use, such as milk cows, breeding bulls, laying hens and riding or work horses.

"Producer" includes owners, proprietors or tenants of agricultural lands, orchards, farms and gardens where food products are grown, raised or prepared for market.

§ 3-562 Restrictions on sales by food producers prohibited

A. The producers of food products on agricultural lands, farms and gardens shall never under any pretext be denied or restricted the right to sell and dispose of their products, except in the manner and to the extent provided in this article, and subject to inspection by lawful authority when the inspection is uniform as to the same product and without cost to the producer.

B. The right to sell and dispose of food products shall extend to the producer in person, members of his family, his agents and all persons in his service, when the products are sold or disposed of on his behalf and for his benefit.

§ 3-563 Tax, license or fee against producers and purchasers prohibited

A. A tax, license or fee may not be imposed or levied on or demanded or collected from:

A producer for a sale of a food product.
A purchaser of a food product from a producer.

B. A penalty or punishment may not be imposed on account of the sale of a food product, except for a violation of laws providing for inspection.

C. A municipal ordinance that seeks to impose or subject a producer, or a purchaser of a food product from a producer, to a tax, license or fee is void, except that all such products in common with similar products offered for sale by persons not the producers thereof are subject to inspection. A municipal ordinance providing for inspection is not valid unless it applies in the same manner and terms to other persons offering similar products for sale.

Article 9 Arizona Grain Research and Promotion Council

§ 3-581 Definitions

In this article, unless the context otherwise requires:

"Council" means the Arizona grain research and promotion council.
"First buyer" means a person, partnership, corporation or cooperative that purchases grain from a producer in the first instance or a public or private lienholder, secured party or pledgee, or assignee of the lienholder, secured party or pledgee, who gains title to the grain from the grower as a result of exercising any legal rights by the lienholder, secured party, pledgee or assignee regardless of when the lien, security interest or pledge was created. First buyer also includes a public or private person who acquires a lien or security interest or receives a pledge of the grain after the grain is harvested.
"Grain" means the seed of barley and wheat of all classes produced for use as food, feed or seed or produced for any industrial or commercial use.
"Marketing year" means a one year period from February 1 through January 31 of the following calendar year.
"Producer" means a person, partnership, corporation or cooperative in this state that produces and sells grain in commercial channels. In the case of a partnership, each partner who regularly receives a portion of the gross receipts directly from the buyer is considered a producer.

§ 3-582 Arizona grain research and promotion council; appointment; term

A. An Arizona grain research and promotion council is established that is composed of seven producers appointed by the governor. To be qualified for appointment to council membership a person must be a resident of and producer in this state.

B. The term of office of council members is three years, expiring on January 31. The qualifications of members as provided for in this section must continue during their term of office or their office will be declared vacant. The governor shall appoint a person when a vacancy occurs to serve for the remainder of the unexpired term.

C. Members of the council shall serve without compensation but are entitled to reimbursement for subsistence and travel as provided by title 38, chapter 4, article 2.

§ 3-584 Powers and duties of the council

A. The council shall:

Meet at least once during each calendar quarter and more frequently on the call of the chairman, vice-chairman or any three members of the council.
Annually elect a chairman from among its members.
Elect a secretary and a treasurer from among its members.
Establish an executive committee, consisting of the chairman, secretary and treasurer. The executive committee shall act pursuant to direction received from the full council, or if the situation arises, the executive committee shall act and then bring the subject and its action before the full council at the next regular meeting of the council for review and ratification.
Establish fees to be assessed within the limits prescribed in section 3-587 to be held in trust in, and subject to the terms and conditions prescribed for, the Arizona grain research trust fund established by section 3-590.

B. Programs and projects authorized under this article may include:

Cooperation in state, regional, national or international activities with public or private organizations or individuals to assist in developing and expanding markets and reducing the cost of marketing grain and grain products.
Participation in research projects and programs to assist in reducing fresh water consumption, developing new grain varieties, improved production and handling methods, research and design of new or improved harvesting and handling equipment.
Any program or project that the council determines appropriate to provide education, publicity or other assistance to facilitate further development of the Arizona grain industry.

C. The council may:

Adopt administrative rules necessary to promptly and effectively administer this article.
Appoint subordinate officers and employees of the council, prescribe their duties and fix their compensation.
Accept donations of monies, property, services or other assistance from public or private sources for the purpose of furthering the objectives of this article. All donations of monies shall be held in trust in, and subject to the terms and conditions prescribed for, the Arizona grain research trust fund established by section 3-590.
Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the fees authorized and sue and be sued in the name of the council.
Make grants to research agencies for financing appropriate studies, research projects and programs to assist in reducing fresh water consumption, developing new grain varieties, improved production and handling methods and research and design of new or improved harvesting and handling equipment.

§ 3-585 Indemnification of council members

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have been acting in bad faith as a council member. The right of indemnification is in addition to other rights to which such member is entitled as a matter of law.

§ 3-586 Records of the council

The council shall maintain all records for three years. The records of the council are public records available for inspection for any lawful purpose. The council shall adopt reasonable rules concerning the time or place of the inspection or the manner in which the information is made available.

§ 3-587 Budget and fees; report

A. Before each marketing year begins, the council shall submit a proposed budget sufficient to carry out the purposes of this article. The budget is effective on approval by the council.

B. To provide monies to carry out the purposes of this article, the council shall assess a fee of up to five cents per hundred weight of grain sold through commercial channels.

C. The first purchaser shall collect and remit the fees to the council pursuant to the forms, procedures and periodic reports or returns as the council prescribes. The first purchaser shall remit the fees to the council on or before the tenth day of the month following collection of the fee or as prescribed by the council.

D. Paying the fee is the primary responsibility of the producer, except the liability is discharged if the fee is collected or withheld by the first purchaser.

E. The council shall prepare an annual report on its programs and activities and submit it to the governor.

§ 3-588 Administrative services; reimbursement

A. The department shall provide through an intergovernmental agreement necessary administrative services to the council in conducting its activities including:

Providing secretarial and other services necessary for the council to carry out its activities.
Establishing separate operating accounts for the council.
Providing necessary financial and accounting services to the council including issuing checks, paying bills approved by the council, preparing annual audits, expenditure and receipt reports whether monthly or annually and any other activities requested by the council.
Receiving mail and other communications for the council.
Receiving monies authorized under this article for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.
Accepting donated monies on behalf of the council to be credited to the account of the council.
Providing meeting facilities for the council.
Providing for producer elections as provided in this article.
Providing any other administrative services which the council requests or finds necessary.

B. The council shall reimburse the department for all of the administrative services rendered for the benefit of the council from the monies received under this article in an amount agreed on by the council and department. Monies received by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the administrative support fund established by section 3-108.

§ 3-589 Pledge or mortgage of grain; deduction of fee

A. If a pledge or mortgage of grain is given as security for a loan under the federal price support program, the fee is deductible from the proceeds of the loan at the time the loan is made or is deductible thereafter by agencies of the federal government. Producer's note and loan agreements pertaining to farm storage, warehouse storage and delivery instructions issued by a federal agency to the grower are deemed to constitute proof of payment of the research and promotional fee on the grain listed.

B. Supplemental or alternate forms which may be proposed by the commodity credit corporation and which contain the necessary information as required by this article may be used.

C. If the grain described in subsection A remains in farm storage for the duration of the pledge or mortgage, the promotional fee paid at the time the loan was made is deemed a complete satisfaction of the promotional fee liability.

D. In connection with the collection of the grain council fee on commodity credit corporation grain loans disbursed and purchase agreement settlements made, undercollections or overcollections of the grain promotional fee amounting to fewer than three dollars as a result of errors do not require collection of the underpayment or refunds of the overpayment by the commodity credit corporation, and their responsibility in such cases is waived.

§ 3-590 Arizona grain research trust fund

A. The Arizona grain research trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. The council shall administer the trust fund as trustee. The trust fund consists of fees collected pursuant to this article.

B. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used exclusively for the purposes of this article on the order of the council.

C. The state treasurer shall accept, separately account for and hold in trust monies deposited in the state treasury, which are considered to be trust monies as defined by section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the council, the state treasurer shall invest and divest trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.

D. Monies in the trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

E. If the council is terminated, any monies remaining in the trust fund after terminating this article shall be expended to meet existing legal obligations of the council. The council shall expend any surplus remaining for market research or other lawful purposes under this article.

§ 3-591 Failure to make report

If a person subject to the fee required by this article fails to make a report and remittance as required, the council shall determine the amount of the fee according to its best information and judgment, which amount so fixed is prima facie correct. The person failing to make the report shall pay the fee within ten days after notice of the amount of the fee so fixed and computed by the council, together with a penalty of five per cent of the amount of the fee. The person may dispute the fee as fixed by the council and request a hearing to determine the amount of the fee and penalty to be imposed. No payment may be made until the council enters its order determining the amount of payment, but the person shall pay the fee and any penalties assessed within ten days of notice of the decision.

§ 3-592 Refund of fees

A producer may by the use of forms provided by the council, and on presentation of such proof as the council may require, have the fee refunded. A request for refund must be received in the office of the council within sixty days following the payment of the fee by the first buyer or the first purchaser. The council shall direct the state treasurer, as trustee, to make refunds within thirty days of the request for refund if the fee sought to be refunded has been received. The council shall adopt such rules as are necessary to further ensure that the fees are refunded promptly.

§ 3-593 Association of producers

A. Any activity including meetings undertaken pursuant to this article and intended to benefit the producers, handlers or processors of grain is not intended to be illegal or in restraint of trade.

B. The council may, so as not to duplicate activities or services, work closely with the other private associations or public agencies which have expertise and interest in growing and marketing grain.

§ 3-594 Petition and election to terminate council

On petition of at least one hundred twenty-three producers, the council shall conduct an election within sixty days of receipt of the petitions to determine whether the council should recommend to the legislature that the council and its programs be discontinued and terminated. The petition of producers shall include a certification statement that the signatures are those of producers of grain. The ballot for an election shall be in such form as to record a yes or no answer to the question: "Shall the Arizona grain research and promotion council recommend to the legislature that the council and its programs be discontinued and terminated?" If a majority of those producers voting votes yes, the council shall recommend to the legislature that the council be terminated.

Chapter 4 Dairies and Dairying

Article 1 General Provisions

§ 3-601 Definitions

In this article, unless the context otherwise requires:

"Adulterated" means the existence of one or more of the conditions described in section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 342).
"Associate director" means the associate director of the division.
"Butter" means the clean and nonrancid product containing not less than eighty per cent milk fat produced by gathering the fat of milk or cream into a mass, containing a small portion of other milk constituents, and with or without salt or harmless coloring matter.
"Division" means the animal services division of the Arizona department of agriculture.
"Federal milk ordinance" means the recommendations of the United States public health service grade "A" pasteurized milk ordinance with administrative procedures.
"Frozen desserts" means ice cream, frozen custard, french ice cream, ice milk, quiescently frozen confection, quiescently frozen dairy confection, french custard ice cream, artificially sweetened ice cream, manufactured desserts mix, whipped cream confection, bisque tortoni, sherbets, water ice and mellorine frozen desserts and all such other products, together with any mix used in making such frozen desserts, and any other products which are similar in appearance, odor or taste to such products or are prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with dairy products or nondairy products.
"General specifications for dairy plants" means those specifications adopted by the United States department of agriculture and published in title 7 Code of Federal Regulations part 58, subpart B.
"Grade A milk" and "grade A milk products" has the meaning set forth in the federal milk ordinance.
"Handler" means a person who as owner, agent, broker or intermediary, either directly or indirectly, receives, purchases or otherwise acquires ownership, possession or control of milk in unprocessed or bulk form from a producer or a producer-handler for manufacturing, processing, selling or other handling. Handler includes cooperative associations that, either directly or indirectly, receive, purchase or otherwise acquire ownership, possession or control of milk from other handlers or producers who are nonmembers of the cooperative but does not include cooperative associations that receive and sell milk solely of its member producers.
"Manufactured milk products" includes:

(a) Butter.

(b) Natural or processed cheese.

(d) Dried, frozen, evaporated, stabilized or condensed milk products.

(e) Frozen desserts.

(f) Dry whey.

(g) Dry buttermilk.

"Manufacturing milk" or "manufacturing cream" means milk or cream not conforming to the requirements of the federal milk ordinance.
"Manufacturing milk processing plant" means any place, premises or establishment where manufacturing milk or manufactured milk products, or any combination of them, are collected, handled, processed, manufactured, stored, pasteurized, aseptically processed, bottled or prepared for distribution.
"Measuring device" includes a measuring rod and a transparent measuring tube.
"Milk distributing plant" means a plant processing and distributing milk and milk products other than products made from manufacturing milk.
"Milk holding tank" means a stationary tank used to measure milk or cream.
"Misbranded" means either:

(a) The existence of one or more of the conditions described in section 403 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 343).

(b) That the package does not comply with the fair packaging and labeling act (P.L. 89-755; 80 Stat. 1296; 15 United States Code section 1451 et seq.).

"Pasteurization" or "pasteurized" means a process prescribed by the standards set forth in the federal milk ordinance or any other process demonstrated to be equally efficient and approved by the associate director.
"Producer" means a person that produces milk from cows and whose bulk milk is received, acquired or handled by a handler. Producer includes cooperative associations in selling milk of its member producers to other handlers.
"Producer-distributor" means a producer of milk handling his own product exclusively and distributing it as milk.
"Producer-manufacturer" means a producer of milk handling his own product exclusively, and manufacturing milk products therefrom and distributing the products.
"Supervisor" means the state dairy supervisor employed pursuant to section 3-603.
"Ultimate consumer" means the person actually drinking or consuming milk or a milk product.

§ 3-601.01 Product standards; rules

A. The federal definitions and standards of identity for the following, which are adopted pursuant to the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 301 et seq.) and in effect on July 1, 1989, are the standards of identity for all such products in this state:

Milk and cream (title 21 Code of Federal Regulations part 131).
Cheeses and related cheese products (title 21 Code of Federal Regulations part 133).
Frozen desserts (title 21 Code of Federal Regulations part 135).
Lactose (title 21 Code of Federal Regulations section 168.122).
Whey (title 21 Code of Federal Regulations section 184.1979).
Reduced lactose whey (title 21 Code of Federal Regulations section 184.1979a).
Reduced minerals whey (title 21 United States Code section 184.1979b).
Whey protein concentrate (title 21 United States Code section 184.1979c).

B. Any product listed in subsection A that is sold in this state and that conforms to the definitions and standards that are adopted pursuant to the federal act in effect on July 1, 1989 is deemed to comply with subsection A of this section.

C. The associate director may recommend to the director for adoption a rule to designate any other food product as a manufactured milk product and subject to regulation as a manufactured milk product if the food product is prepared or manufactured in whole or in part from any products listed in section 3-601, paragraph 10.

§ 3-603 Powers and duties; state dairy supervisor; qualifications; production of papers; formal requirements of complaints

A. The associate director, with the approval of the director, shall employ a state dairy supervisor to enforce the provisions of this article. The supervisor shall recommend to the director for adoption rules deemed necessary or advisable to carry out the provisions thereof.

B. The supervisor shall be a person who has experience in the dairy industry and must possess technical and educational qualifications or practical experience in producing, handling and testing milk and in other matters relating to the dairy industry.

C. If the production of papers, books and records relating to any matter under investigation is deemed advisable, the director may apply to the superior court in any county for an order requiring the production of the papers, books and records. If the court is satisfied that the papers, books and records are pertinent to and helpful in the matter under investigation, their production shall be ordered.

D. A complaint filed with the department charging noncompliance with or violation of any provision of this article shall be in writing and signed by the complainant, but a complaint by a producer relating to the accuracy of a butterfat, bacterial or other test directly affecting the price received by the complainant need not be in writing.

§ 3-604 Dairy inspectors; duties; powers; local officers

A. Special dairy inspectors employed by the department shall supervise, inspect, weigh and test dairy products produced or manufactured for human consumption and shall perform other duties and possess other powers as may be prescribed by the associate director authorized by this article.

B. The director may assign personnel to perform the inspection-related activities prescribed by this chapter under the direction of the associate director.

C. In addition to inspectors employed or assigned under this section, the enforcing officers of a county health department, county environmental health department or public health services district under the charge and direction of a health officer or environmental health officer may be deemed special dairy inspectors in the city or county, and a milk supply inspected and approved by these inspectors shall be deemed to comply with the provisions of this article.

§ 3-605 Federal milk ordinance; health and sanitation provisions; exemption

A. Unless inconsistent with this chapter, the production, transportation, handling and sale of milk and milk products and the inspection of dairy herds, dairies and milk plants shall be regulated in accordance with the terms of the federal milk ordinance.

B. The words "health authority" when used in the federal milk ordinance means the director or the director's authorized representative.

C. Powers and duties in the federal milk ordinance relating to health and sanitation are vested in the director. In addition, the director shall adopt rules necessary to assure that all milk and milk products sold or distributed for human consumption are free from unwholesome, poisonous or other foreign substances and filth, insects or disease-causing organisms. The rules shall prescribe reasonably necessary measurements governing the production, processing, labeling, storing, handling and transportation of milk and milk products. The rules shall prescribe minimum standards for the sanitary facilities and conditions that shall be maintained in any dairy or other facility and in any truck or other vehicle in which milk or milk products are produced, processed, handled or transported. The rules shall provide for the inspection and licensing of premises and vehicles so used, and for abatement as public nuisances of any premises or vehicles that do not comply with rules and minimum standards. This subsection and the rules prescribed pursuant to this subsection do not apply to dispensing and selling frozen desserts at retail.

D. The provisions of the federal milk ordinance apply to this state.

E. The department is exempt from the rulemaking requirements of title 41, chapter 6 for the purpose of adopting and implementing the federal milk ordinance.

§ 3-606 Sale of milk, milk products, raw milk and raw milk products; regulation

A. All milk and milk products, including cottage cheese, as defined in the federal milk ordinance, sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments shall be grade A pasteurized or certified pasteurized milk and milk products. No other milk or milk products may be sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments except:

Grade A raw or certified raw milk and cream only when produced and bottled or produced, manufactured and placed in containers for final sale within this state.
Cottage cheese, buttermilk, butter, kefir and other cheeses made from grade A raw or certified raw milk.
Manufactured milk products made from manufacturing milk.

B. Any raw milk, raw cream or raw milk products authorized under subsection A shall meet the same health and sanitation standards provided for in this chapter for similar grade A pasteurized milk and milk products.

C. Raw milk or cream or cottage cheese, butter, buttermilk, kefir or cheeses made from raw milk or cream shall be displayed for sale separately from and shall not be commingled with pasteurized dairy products. The display shall be prominently marked "raw milk" or "raw milk products". The principal display panel of the label on a raw milk product shall prominently state "raw milk product". The principal display panel of the label on raw milk shall prominently state "raw milk: not pasteurized and may contain organisms injurious to your health." In each case the label statement shall appear in conspicuous and easily legible bold-faced print or type in distinct contrast to other matter on the package. The label statement shall appear as a distinct item on the principal display panel, shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter "N" of the type style used in the statement from other printed label information appearing to the left or right of the statement. The statement shall be in letters in a type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:

Not less than one-eighth inch in height on packages the principal display panel of which has an area of twenty-five square inches or less.
Not less than three-sixteenths inch in height on packages the principal display panel of which has an area of more than twenty-five but not more than one hundred square inches.
Not less than one-fourth inch in height on packages the principal display panel of which has an area of more than one hundred square inches but not more than four hundred square inches.
Not less than one-half inch in height on packages the principal display panel of which has an area of more than four hundred square inches.

D. Raw milk products authorized under the provisions of subsection A may be produced outside this state and sold in this state and may be manufactured and placed in containers for final sale on premises other than those where the milk is produced.

E. Raw milk and raw milk products authorized under subsection A may not be sold or used by restaurants, soda fountains or other similar establishments.

§ 3-607 Annual licenses; inspections; revocation; fees; exceptions

A. A person shall not operate a milk distributing plant or a manufacturing milk processing plant, engage in the business of producer-distributor or producer-manufacturer, or engage in the business of selling at wholesale milk or dairy products, or both, without a license. This section does not require:

An Arizona dairy farm producing raw milk for sale to be processed to secure a license to operate.
A retailer or wholesaler to secure a license from the division to convert a pasteurized mix into frozen dessert.
A food establishment regulated by the department of health services to secure a license from the division to manufacture frozen desserts using pasteurized milk or pasteurized milk-based products if the frozen dessert is manufactured and sold at the same food establishment for consumption on the premises and the food establishment has submitted a plan for approval to the regulatory authority under title 36 demonstrating that the manufacturing process complies with the rules adopted pursuant to section 36-136, subsection I, including pasteurization as defined in rule. The division or the regulatory authority under title 36 may require a food establishment that manufactures frozen desserts using pasteurized milk or pasteurized milk-based products to provide samples of the frozen dessert to verify that the frozen dessert is pasteurized.

B. An application for a license shall be in writing in the form the associate director prescribes and shall be accompanied by the required filing fee. On receipt of an application, the associate director or an authorized representative shall examine the premises in which the applicant proposes to do business, and if it appears that the applicant has complied with all provisions of law, the license shall be issued.

C. After issuance of the first annual license, a license may be issued on inspection of the premises and payment not later than February 1 of each year of the required fee. The inspection shall be made by the associate director or an authorized representative to determine whether the premises are maintained in compliance with law. A written report of the inspection shall be filed in the division office. An annual license is valid for the period beginning January 1 and ending December 31 of each year, and a license that is not renewed on or before February 1 of each year is void.

D. An application for a license to produce grade A milk for human consumption shall be made in the manner prescribed by subsections A and B of this section. The license shall be valid until revoked for failure to comply with the provisions of this article relating to the production of milk. The associate director may suspend a license pending correction of deficiencies that violate this article. If the identified deficiencies are not corrected within a reasonable time after the licensee is notified, the associate director may proceed to revoke the license. Notice of a pending revocation shall be in writing, stating the cause, and setting a time during which the licensee may correct the cause for revocation. If the cause for revocation is not corrected within the time specified, the associate director, after a hearing and three days' notice of intention, may revoke the license. The director shall review the associate director's action on request of any person adversely affected by the action. A person holding a permit issued by a governmental agency operating outside of this state whose requirements are substantially the same as the requirements of this state shall be deemed to have a license meeting the requirements of this article, provided the facilities have first been inspected and approved also by a resident Arizona inspector, if in the opinion of the associate director such an inspection should be made. Any expense incurred for such an inspection shall be at the expense of the licensee.

E. Fees shall be paid as follows:

For a license or renewal of a license to operate a milk distributing plant or business, $50.
For a license or renewal of a license to operate a manufacturing milk processing plant, $50.
For a license or renewal of a license to engage in the business of producer-distributor or producer-manufacturer, $25.
For a license or renewal of a license to engage in the business of selling at wholesale milk or dairy products, or both, $25.

F. The associate director or dairy inspectors are authorized to inspect premises affected by this article and located outside of this state, and they shall receive subsistence and travel expenses in the amount provided for state officers, which shall be paid to the inspector by the owner of the premises inspected.

G. This section does not apply to a producer of raw milk.

§ 3-608 Distributing and manufacturing plants; records

A person having charge of a distributing plant or manufacturing plant shall maintain a complete monthly record of the quantity and source from which dairy products are received and the sales of dairy products shipped or sold from the plant.

§ 3-609 Financial condition of milk handlers; security; recovery on default; definition

A. A handler shall not engage or continue in business and the associate director shall deny, suspend or revoke any license issued to the handler under this chapter unless the associate director is satisfied that the handler's financial condition reasonably assures the ability to promptly pay producers for the milk the handler purchases. Before the associate director issues or renews the license the handler must file with the division financial statements for the handler's most recent complete fiscal year together with the auditor's report issued by a certified public accountant registered in this state. If the handler's fiscal year ends in the fourth quarter of the calendar year, the associate director may extend the time for filing the financial statement for up to one hundred twenty days. The handler shall also file interim financial statements within one hundred twenty days following the end of the sixth month of the handler's fiscal year, prepared consistent with the annual financial statement and certified by the handler's chief financial officer, covering the first six months of the handler's fiscal year. The associate director may require additional financial information or certificates at any time. The financial statements:

Shall comply with generally accepted accounting principles.
Shall by separate certificate of the certified public accountant state the handler's current ratio of current assets to current liabilities as of the end of the handler's fiscal year. The certificate accompanying the interim financial statement shall be signed by the handler's chief financial officer.
Are confidential and are not open for public inspection.

B. If the associate director either receives a certificate under subsection A, paragraph 2 that shows a current ratio of current assets to current liabilities of less than 1.2:1.0 or determines at any time that the financial condition of a handler does not reasonably assure payment when due for milk the handler purchases, or if the handler fails to pay for milk when payment is due as provided by applicable law or by agreement between the handler and producer, the associate director shall require that the handler:

File a bond or other security acceptable to the associate director in an amount not to exceed one hundred ten per cent of the sum reasonably anticipated to be due and accrued at any time for the milk purchased by the handler. The security shall be payable or assigned to the associate director for the benefit of producers damaged by the handler's default in paying for milk.
Receive no milk on credit until acceptable security is filed.

C. On or before March 1 and September 1 of each year each handler shall provide written notice to producers from whom it has purchased milk during the preceding six months stating the financial basis on which the handler's license was issued and the type and amount of security, if any, the handler filed under subsection B, paragraph 1. A handler shall not receive a quantity of milk that will increase the amount due and accrued from the handler above the amount represented as a basis for issuing the license under subsection A without first notifying the associate director.

D. On request and on the producer's prior written agreement to maintain its confidentiality, the associate director shall provide a producer with a copy of any financial statement, information or certificate filed under subsection A by a handler that has purchased milk from that producer.

E. A producer who has not been paid by a handler for milk when payment was due as provided by applicable law or by agreement may file a verified proof of claim with the division. On receipt of the claim or any other evidence of default, the associate director, by order, may require all interested creditors to file verified proofs of claim on or before a stated date or be barred from participating in any recovery under this subsection. Notice of the order shall be posted on the handler's premises and published once each week for three consecutive weeks in a newspaper of general circulation in the affected area with the final notice being published at least thirty days before the last date stated in the order for filing claims. On audit and investigation the associate director shall allow or disallow each claim and, if allowed, include interest at the rate of ten per cent per year from the date of default. The associate director shall mail notice of the allowance or disallowance of each claim and if allowed, the rate of interest that applies by certified mail to each claimant and to the handler and the handler's surety. The associate director shall demand, collect and receive the amount necessary to satisfy all allowed claims plus interest from the handler, the security provided by the handler or the handler's surety or sureties. The director, on the recommendation of the associate director, may also commence an action in superior court in Maricopa county for that purpose. The associate director shall distribute all monies received for satisfying the claims plus interest to the claimants, in full or pro rata as the case may be. The associate director shall disallow:

Claims for the value of milk which were due and payable more than thirty days before the associate director received the first claim or notice of default.
Claims covering transactions in which the producer has granted to the handler any voluntary extension of credit in writing.

F. The associate director shall deny, suspend or revoke a handler's license for failure to comply with any provision of this section. On request, the director shall review any action by the associate director under this subsection.

G. The whole claim, including interest and any judgment for the claim, of any person against a handler on account of milk sold or delivered to the handler is entitled to the same preference in any insolvency or other creditor's proceedings as is provided by any other statute to claims for labor. Two or more producers may file a consolidated claim, and, when so filed, the preference is allowed on the amount due each producer. This preference shall also be allowed in bankruptcy proceedings to the extent permitted by federal law. This subsection does not affect or impair any other lien, security or priority for the claim or judgment.

H. This section applies to producers in any state that sell milk to a handler that is licensed by the division, but this section does not apply to the sale of milk in interstate commerce to an out-of-state handler that is not licensed by the division.

§ 3-610 Diseased handlers of dairy products prohibited; health examination

No person known to have a contagious or infectious disease shall occupy a room in which dairy products are handled, or actively engage in handling or in any operation of producing, processing, manufacturing, distributing, transporting or dispensing dairy products. A person so engaged shall at his own expense submit to a health examination at the request of the associate director.

§ 3-611 Tuberculin testing of dairy herds; veterinarian's certificate; other diseases; exclusion of animals from herds

A. Except as otherwise provided by law, a tuberculin test of all dairy herds shall be made before milk therefrom is sold. Thereafter, testing shall be conducted and reactors disposed of as prescribed by chapter 12, article 3 of this title. A certificate signed by a licensed veterinarian and filed with the state veterinarian shall be evidence of the test required by this section.

B. A cow showing upon physical examination an extensive or entire induration of one or more quarters of the udder, whether or not secreting abnormal milk, shall be permanently excluded from the milking herd. A cow giving bloody, stringy or otherwise abnormal milk, but with only a slight induration of the udder, shall be excluded from the herd until re-examination shows the milk to have become normal.

C. The associate director, on the recommendation of the state veterinarian, may, for a disease not otherwise provided for, prescribe the tests and examinations to be used. He shall prescribe the times at which the tests shall be given and the methods to be used and shall provide for the disposition of animals reacting to the tests.

§ 3-612 Dairy cows suspected of disease; quarantine; examination

The associate director may direct the state veterinarian to establish a quarantine of cows, and make an examination thereof to determine the presence of tuberculosis, anthrax or other diseases dangerous to human life, and he shall examine such cows as the associate director directs. If a cow is found to be diseased, the state veterinarian shall proceed as directed by law for the eradication of tuberculosis among cattle.

§ 3-613 Importation of diseased animals

A dairy animal infected with tuberculosis, contagious abortion or other contagious or infectious disease shall not be brought into the state. A dairy animal brought into the state shall be accompanied by a certificate issued by a state veterinarian stating that the animal is free from tuberculosis, and negative to the blood test for contagious or infectious disease.

§ 3-614 Sale of products from diseased cow; classification

A. No person engaged in the production or manufacture of milk or milk products shall sell, give away, exchange or barter any milk or milk products in a raw, unpasteurized or unsterilized state, from a cow afflicted with a disease dangerous to human health or life, after knowledge thereof, or after receiving notice of the presence of the disease in the cow from the associate director or the state veterinarian.

B. A person may market milk or milk products through channels or methods which insure, to the satisfaction of the associate director, that such milk or milk products will be thoroughly and effectively pasteurized or sterilized before being offered to the consuming public as food. A person violating this section is guilty of a class 2 misdemeanor.

§ 3-615 Milk holding tanks; structural requirements; measuring device

A. A milk holding tank shall be so designed, constructed and installed as to withstand ordinary usage and permit accurate measurement of the fluid contents thereof, and shall be so maintained by the owner. The tanks shall be so designed, constructed, installed and maintained that complete delivery of the contents may be made through delivery faucets or valves. Each tank shall be plainly marked by die stamping in letters or numerals that are not less than one-fourth inch in height showing the approved calibrated capacity to the nearest gallon, and shall be equipped with a means by which the calibration level may be readily determined. The shell, bulkheads and supporting framework shall be so constructed that they will not become distorted under any condition of liquid lading, and means shall be provided for the sealing of adjustable parts in such a manner as to prevent the removal or changing of position without destroying or mutilating the seal. Each milk holding tank shall be equipped with a measuring device approved by the state inspector of the weights and measures services division of the department.

B. It shall be unlawful to alter or tamper with a milk holding tank or any part thereof in such a way as to give an inaccurate measurement of the fluid contents thereof.

§ 3-616 Milk holding tanks; tolerances of measuring devices

The tolerance allowed in excess or deficiency on a milk holding tank used as a measure and equipped with a measuring device shall be for a milk holding tank with a capacity of:

Not more than four hundred gallons, one-half gallon.
Not less than four hundred one nor more than six hundred gallons, five-eighths gallon.
Not less than six hundred one nor more than eight hundred gallons, three-fourths gallon.
Not less than eight hundred one nor more than one thousand gallons, seven-eighths gallon.
Not less than one thousand one nor more than one thousand two hundred gallons, one gallon.
Not less than one thousand two hundred one gallons nor more than one thousand four hundred gallons, one and one-eighth gallon.
Not less than one thousand four hundred one gallons nor more than one thousand six hundred gallons, one and one-fourth gallon.

§ 3-617 Fat content; determination; fee; inspection of records and equipment

A. A milk receiving plant, manufacturing plant or other place using a volumetric method for determining the fat content of milk or cream, where the result of the determination is to be used wholly or in part as a basis for payment or settlement for the milk or cream, or where the proceeds of cooperative creameries or milk receiving or manufacturing plants are allotted on the basis of the determination of milk fat, or where the result of the determination is used for the purpose of official inspection or for public record, shall use methods conforming to those prescribed in "standard methods for the examination of dairy products," current edition, by the association of official agricultural chemists.

B. No bottle or pipette shall be used in the determination unless it meets the specifications set up by the national institute of standards and technology for glass volumetric apparatus. All milk or cream test bottles and milk test pipettes, before being used, shall be submitted to the division for approval and the associate director shall cause the letter "A" to be etched thereon as evidence of his approval, but nothing in this article shall be construed to prohibit the use of a bottle or pipette previously marked "A" by the associate director, or the state dairy commissioner under prior law. The associate director shall collect a fee of one dollar for each one dozen bottles or pipettes so approved and etched.

C. When the amount of milk fat contained in milk or cream is used wholly or in part as a basis for payment therefor or is made a matter of official inspection or public record, no greater or lesser percentage or average percentage of milk fat than is actually contained in the milk or cream shall be reported or recorded.

D. The associate director or an authorized representative may check the records, inspect the equipment and assist in making determinations of fat content of milk or cream received at a milk receiving or manufacturing plant or other place of determination to ascertain the accuracy of the determinations so made.

§ 3-618 Sampling by purchaser; preservation; records

A. A person buying milk or cream from a producer to be paid for on the basis of the percentage of milk fat contained therein, and for such purpose taking individual samples to form a composite sample for periodic testing, shall, at the request of the producer, at the end of the period for which the composite samples are taken, thoroughly mix and divide the samples into two approximately equal parts and tender one of the samples to the producer or an authorized representative thereof. The producer may have the composite sample tested by a licensed tester in the presence of the person buying the milk or cream or his authorized representative. If the producer or the purchaser is not satisfied with the result of the test, the samples shall be submitted to a qualified technician or laboratory and an ether extraction butterfat test made. The result of the ether extract butterfat test shall be final and binding on both parties.

B. A person testing composite samples of milk or cream received from a producer, the value of which is determined by the milk fat content, shall preserve intact the remaining portion of the sample from which the test is made and shall keep the same for not less than forty-eight hours after completion of the test for the purpose of permitting the associate director or an authorized representative thereof to examine and test the remaining portion. The samples shall be preserved so as to insure an accurate test being made.

C. A person making tests of samples of milk or cream shall immediately after completion of the tests, prepare a list of the names or numbers of the producers of the milk or cream tested, and opposite the producer's name or number the per cent of milk fat contained in each sample. The list shall be signed by the person making the test and shall contain the number of the state license under which the test was made. A copy of the list shall be deposited immediately after the test in a lock box so constructed that the records cannot be readily removed therefrom except by the associate director, who shall supply the lock therefor and retain all keys to the lock. Each purchaser or receiver shall, on written request, mail or deliver to the producer at the time of making the list, a written statement of the percentage of milk fat contained in the sample representing the milk or cream delivered by the producer.

D. Unless otherwise provided by written permission of the associate director, a sample of milk or cream tested by the purchaser or his authorized representative shall be tested only at the place where received, and shall not be removed from the plant or place where tested less than forty-eight hours from the date of testing.

§ 3-619 Qualification of sampler; license; certificate of proficiency; revocation

A. No person shall sample milk or cream for the purpose of determining the amount of milk fat contained therein where the result of the test is used as a basis for payment for the milk or cream, or for official inspection or public record, unless licensed by the division. An applicant for a license shall give proof satisfactory to the associate director of his ability to perform his duties and shall pay a license fee of five dollars. The license shall be valid for the calendar year in which issued and upon payment of a renewal fee of one dollar fifty cents shall be renewed for each year in which the licensee desires to operate. A license not renewed prior to February 1 is void.

B. No person shall test milk or cream for the purpose of determining the butterfat content thereof, when the result of the test is used to determine the purchase sales value or the legal standard of the product, unless the tester has a tester's license. A tester's license may be obtained from the division by presenting a certificate of proficiency, and payment of a license fee of five dollars. The license shall be valid for the calendar year in which issued, and upon payment of a renewal fee of one dollar fifty cents shall be renewed for each year in which the tester desires to operate. A license not renewed prior to February 1 is void.

C. A certificate of proficiency may be obtained only from the department of dairy husbandry of the university of Arizona. The applicant therefor shall appear before the department of dairy husbandry or an official representative thereof and submit to such written examination and conduct such demonstration of laboratory technique as the department of dairy husbandry or its representative may require. Upon successfully completing the examination the department of dairy husbandry shall issue the certificate to an applicant displaying required proficiency. A tester's license issued by a state other than this state shall be accepted from the person named thereon in lieu of the certificate of proficiency, but the tester shall have been actively engaged in testing under the license for a period of not less than ninety days and shall furnish proof thereof. Each license shall be kept at the place in which the licensee is employed and shall be open to inspection.

D. A license may be revoked by the associate director, after a hearing upon due notice to the licensee, for a false statement in the application, dishonesty, incompetency or inaccuracy, or for violating any provision of this article. On request, the director shall review any action taken by the associate director under this subsection.

§ 3-620 Bacterial count; method; inspection of equipment

A. A place of business making the bacterial count a factor in the determination of the basis for payment or settlement for milk or cream, or a cooperative creamery, milk receiving or manufacturing plant allotting proceeds on that basis, shall use the method and equipment prescribed by the American public health association, "standard methods for the examination of dairy products," current edition.

B. Where a bacterial count is used as the basis for payment or settlement for milk or cream, or where a bacterial count affects the classification of milk or cream as received from the producer or the acceptance or rejection thereof by the operator of a milk receiving or manufacturing plant, no person shall report or record a larger or smaller bacterial count than that obtained in the manner prescribed in American public health association, "standard methods for the examination of dairy products," current edition.

C. The associate director or his authorized representative may at any time, for the purpose of determining the accuracy thereof, inspect the equipment and assist in making a bacterial count of milk or cream received at a place of business making bacterial counts.

§ 3-621 Butterfat content; disagreement; procedure

Upon application by a producer and a distributor or a manufacturer, the associate director shall, at the expense of the applicants, appoint an official tester to test the butterfat content of the producer's product. When there is a disagreement or variance in the reading of a Babcock test the original sample shall be submitted to a qualified technician and a determination made by an approved ether extraction method, the result of which shall be binding upon the parties.

§ 3-622 Regulation of manufactured milk products

The associate director shall regulate the production, processing, manufacturing, labeling, storing, transportation, handling and sale of manufactured milk products according to the general specifications for dairy plants as published by the United States department of agriculture. As used in the general specifications, "administrator" means the associate director or his authorized representative.

§ 3-623 Manufacturing milk or cream; operating requirements; sanitation; sediment test tolerance; pasteurization

A. Any barn, corral, enclosure or place in which manufacturing milk or cream is produced shall be kept free from accumulations of manure or other filth, and a foul smelling or unsanitary condition in or near the place shall not be tolerated.

B. Manufacturing milk or cream shall be produced in a clean and sanitary manner, strained into cans as produced and kept free of insects or other foreign matter. Manufacturing milk or cream shall not exceed a number three sediment test given as prescribed for the examination of dairy products by the standard methods of the association of official agricultural chemists. Utensils used in handling manufacturing milk or cream shall be washed clean after each use, disinfected by a chemical or steam process and stored in a clean place. The utensils shall comply with the requirements prescribed for utensils used in the production of grade A milk.

C. Manufacturing milk or cream shall not be used for manufacturing purposes unless it has been produced and handled as prescribed in this section, and pasteurized during the process of manufacture.

§ 3-624 Cheese; ingredients; pasteurized cheese; part-skim cheese; labeling; cottage cheese excepted

A. Cheese manufactured in the state for sale shall be made from pasteurized milk, skim milk, cream, goat milk or sheep milk conforming to the requirements prescribed by this article. All cheese sold shall be labeled to indicate the variety and grade of the cheese. Pasteurized cheese or pasteurized-blended cheese bearing a varietal name shall be made from cheese of the variety indicated and conforming to the requirements for fat and moisture prescribed for cheese of that variety. The standards of composition for pasteurized cheese, pasteurized-blended cheese, emulsified cheese and process cheese shall be fixed by the associate director and shall conform to those prescribed by the secretary of the United States department of agriculture. Cheese manufactured in the state shall be labeled at the factory with a manufacturer's factory number assigned annually by the associate director. If made outside the state, cheese shall bear a label stating the name and address of the manufacturer or distributor.

B. It is unlawful to expose for sale any part-skim cheese or skim cheese unless there is attached to the outside of every vessel, can, package or cheese exposed or sold a tag legibly bearing in black letters at least one inch in height the words "part-skim cheese No. 1," "part-skim cheese No. 2" or "skim cheese," as the case may be. All part-skim or skim cheddar or granular cheese shall be labeled to indicate the grade on its entire outer edge in a manner specified by the associate director. All other varieties of part-skim or skim cheese shall be labeled to indicate the grade in such manner as the associate director prescribes.

C. Nothing in this section shall be deemed to apply to cottage cheese. The addition of cream, milk or other fluids to uncreamed or creamed cottage cheese shall take place only in a milk distributing plant or a manufacturing milk plant licensed under this article.

D. This section does not apply to any cheese commonly referred to as "hard cheese" that is manufactured from unpasteurized milk products and that is aged for a period of sixty days from the date of its moulding as evidenced by the date of moulding stamped on the cheese at the time of manufacturing.

§ 3-625 Frozen desserts; coloring matter; weight; butterfat content; ices and sherbets

A. A frozen dessert may contain, in addition to the food constituent thereof, a harmless coloring matter, flavoring or stabilizer approved by the United States pure food and drug administration, but shall not contain unsound, rancid or spoiled ingredients.

B. Ice cream shall weigh not less than four and one-half pounds per gallon. Plain or extract flavored ice cream shall contain not less than ten per cent butterfat and not less than one and six-tenths pounds total food solids per gallon, nor more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration. Fruit ice cream shall contain not less than eight per cent butterfat, three per cent by weight of preserved or fresh fruit or the juices thereof and not less than one and six-tenths pounds per gallon by weight of food solids per gallon, and not more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration. Chocolate ice cream shall contain not less than eight per cent butterfat, one per cent by weight of chocolate or cocoa and one and six-tenths pounds edible solids per gallon, and not more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration.

C. Frozen custards or French ice cream shall be so labeled, and shall contain not less than ten per cent butterfat by weight. Iced milk shall contain not less than four nor more than eight per cent butterfat by weight. Fruit iced milk and chocolate iced milk shall contain not less than three per cent butterfat by weight. Every sales container of iced milk shall be labeled iced milk and an establishment serving iced milk by the dish, cone or similar manner to the general public shall display in a prominent place and in letters not less than two inches in height, a sign bearing the words "iced milk sold here."

D. Ices, sherbets and similar frozen products in which water is the principal ingredient but which contain a small amount of dairy products as a stabilizer or to improve the texture, shall not be considered a dairy product and shall not be labeled or sold as a dairy product or in imitation thereof.

§ 3-627 Brands for butter; labeling of dairy products; restrictions on use

A. The associate director shall issue to each manufacturer of creamery butter within the state, under such rules as to custody and use as the director may prescribe, a uniform brand bearing a suitable device or motto, and the words "Arizona state brand No._____," which shall be accorded a different number for each manufacturer and each brand. The brand shall be used on the wrapper and on the outside of every package of butter manufactured in the state from cream. The division shall keep a book in which shall be registered the name, location and number of each manufacturer and the brand assigned thereto.

B. Any dairy product sold or offered for sale shall be plainly and legibly labeled upon the container thereof as to contents, grade or class, name of manufacturer and whether produced within or without the state. Cheese shall bear a label on the cheese itself or on the bandage thereof, but package cheese, when dispensed as such, may be labeled on the package.

C. The weight or measure of any dairy product offered or exposed for sale shall be plainly stamped on the package containing the product or on a tag attached thereto.

D. It is unlawful to use or permit the use of the brand prescribed by this section on butter or on a package or wrapper containing butter from cream manufactured out of the state.

§ 3-628 Misbranding

A dairy product not bearing a label as prescribed by this article, or which displays on a label or by reference, placard or advertisement, a symbol, letter, figure, word or combination thereof indicating that the product is of a grade, class, quality or composition other than its true grade, class, quality or composition, is misbranded.

§ 3-629 Oleomargarine; sale; representation as butter or milk product prohibited

A. It is unlawful to sell or serve oleomargarine or renovated or processed butter in a manner other than prescribed by federal law.

B. No person shall sell or take orders for the delivery of oleomargarine or any substance designed to be used as a substitute for butter or other milk product, under the name of butter or other milk product, or under the pretense that it is butter or other milk product.

C. No person shall sell or offer for sale any substance designed to be used as a substitute for butter or other milk product unless it is distinctly labeled at the time of the sale.

D. No person shall use in any manner in connection or association with the sale or advertisement of oleomargarine or other substance designed to be used as a substitute for butter, the word "butterine," "creamery" or "dairy," or the representation of a cow or of any breed of dairy cattle, or any combination of the words and representations, or any other word or symbol designed to convey the impression that the substance is a product of milk or cream.

§ 3-630 Adulterated products prohibited; exception; containers for poultry or stock feed; labeling

A. A person shall not produce, provide, sell, offer or expose for sale or have in his possession with intent to sell real or trade products which are adulterated or misbranded. The department shall be notified immediately:

If real or trade products are found to be adulterated.
Before moving or disposing of any adulterated real or trade products.

B. If the director has cause to believe that any real or trade products are adulterated or misbranded and the adulteration or misbranding is dangerous or fraudulent, the director shall:

Detain or embargo the product.
Affix a tag or other appropriate marking to the product or its container that:

(a) Gives notice that the product is, or is suspected to be, adulterated or misbranded and has been detained or embargoed.

(b) Warns that it is unlawful for a person to remove or dispose of any detained or embargoed real or trade product by sale or otherwise without permission of the director or the court.

C. If the director finds that the detained or embargoed real or trade product is not adulterated or misbranded, the director shall remove or cancel the tag or other marking.

D. If the director finds that the detained or embargoed real or trade product is adulterated or misbranded, the director, with the assistance of the attorney general or county attorney, shall petition the superior court in the county in which the real or trade product is detained or embargoed for an order condemning the product. The petition shall be served in the manner required by the rules of civil procedure.

E. If the court finds that the detained or embargoed real or trade product is adulterated or misbranded and the adulteration or misbranding cannot be corrected by proper processing or labeling, it shall order the product to be destroyed at the expense of the person whom the court finds violated subsection A, who shall also pay all court costs and fees and storage and other proper expenses.

F. If the court finds that the detained or embargoed real or trade product is adulterated or misbranded and the adulteration or misbranding can be corrected by proper processing or labeling, it shall order the product to be returned to the person whom it finds violated subsection A for corrective processing or labeling under the supervision of the director. Before the adulterated or misbranded product is returned, the person whom the court finds violated subsection A shall pay all court costs and fees and storage and other expenses and execute a sufficient bond. The court shall release the product from the supervision of the director and return the bond on notification by the director that the product no longer violates this chapter.

G. If the director finds a perishable real or trade product that is unsound or contains any filthy, decomposed or putrid substance, or which may be poisonous or present an imminent health danger, the director shall promptly seize it and, unless he receives a written protest to his action within five days, destroy it. If the director receives such a written protest, he may petition the court as provided in subsection D for an order condemning the product. The court shall give preference to an action brought under this subsection and shall conduct a hearing as soon as practicable but in no event more than ten days from the time the petition is filed with the court.

§ 3-631 Restraint of competition prohibited; discrimination against localities prohibited; allowances

A person engaged in the business of buying milk, cream or butterfat, either by himself or by another, shall not restrain in any manner open competition in the business, nor discriminate between different sections of the state by purchasing or offering to purchase milk, cream or butterfat at a higher price in one locality than that paid or offered for the same commodity by the person in another locality, but allowance may be made for the difference in the grade or quality of the commodity, and in the cost of transportation from the place of purchase to the place of manufacture, sale or storage.

§ 3-632 Unlawful acts

No person shall bring into the state, sell or offer for sale, milk or a milk product not meeting the requirements of this article, nor shall a person purchasing dairy products on the basis of butterfat content or weight, report false test or weight.

§ 3-633 Enforcement duties of attorney general and county attorneys

The department's legal counsel, the attorney general and the county attorney of each county, upon request, shall advise the director in the performance of his duties, and shall institute and prosecute all actions arising under this article.

§ 3-634 Violation; classification; injunctive relief; evidence of violation

A. A person violating any provision of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.

B. If a person fails or refuses to comply with this article or any rule or order adopted pursuant to this article, the director may apply to the superior court for a temporary restraining order or preliminary or permanent injunction according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

C. In an action or proceeding arising under this article, a determination that a manufacturer or distributor has manufactured or disposed of a greater quantity of a given grade of product than has been purchased or otherwise acquired shall be prima facie evidence of a violation of this article.

Article 3 Regulation of Trade and Real Milk Products

§ 3-661 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the division.
"Division" means the animal services division of the Arizona department of agriculture.
"Label" means any display of written, printed or graphic matter on the immediate container of any real or trade product, or any such matter affixed to any such product or affixed to or appearing upon a package or wrapping containing any such product. For purposes of this paragraph, "container" shall include the lid, cap, top or any other removable or separable part, as well as the container itself.
"Real product" or "real milk product" means a dairy product which contains milk solids-not-fat and which may contain milk fat, but in no event contains:

(a) Any other oils or fats.

(b) Any replacement or substitute for any part of the whole milk. A nutritious, wholesome and healthful additive may be contained in such a product, provided such additive is not a replacement or substitute for any part of the whole milk.

"Trade product" means a product which has the appearance, taste, smell, texture or color of, but is not, a real product; which, taken as a whole, bears resemblance to or is in imitation of a real product, or could be mistaken for a real product.

§ 3-662 Manufacture or sale not prohibited

This article does not prohibit the manufacture or sale of:

Trade products complying with this chapter.
Proprietary foods containing milk or skim milk to which have been added any fat or oil other than milk fat if these foods are clearly labeled to show their composition and the fact that they are to be sold exclusively for use as directed by a physician or a registered nurse practitioner for the feeding of invalids and children.
Real products flavored with chocolate or cocoa, with the presence of cocoa fat in an amount not exceeding that which is naturally present in the chocolate or cocoa used.
Real products the vitamin content of which is increased with the presence of a food oil as a carrier of such vitamins, if the quantity of such food oil does not exceed one one-hundredth per cent of the weight of the finished real products.

§ 3-663 Labeling and advertising

A. A trade product shall not be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions likely to mislead, deceive or confuse the public into believing the product is a real product.

B. Real or trade products, wherever packaged, shall not be sold or distributed in this state except in containers whose labels comply with federal regulations applicable to interstate shipments of real or trade products.

§ 3-665 Plant licensing

A. It is unlawful to engage in the manufacture of trade products unless a license for the then current calendar year for each separate plant or place used for such business is issued by the associate director pursuant to this section.

B. Each application for a license shall be in such form as the associate director prescribes, and shall be accompanied by a fee of one hundred dollars. Where trade products are manufactured in a milk distributing plant, the fee paid to license such plant shall be applied to reduce the fee prescribed in this subsection.

C. The associate director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to manufacture, sell, or distribute trade products for the then current calendar year, unless the license is sooner revoked or suspended.

D. The license shall expire at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year or such part of the month as may be necessary for the renewal of the license.

E. It is unlawful for any person to sell, give away or deliver any trade product which has been produced in a plant that is in an insanitary condition.

F. Grounds for revocation or suspension of such license shall be the manufacture of trade products under unhealthful or insanitary conditions or in any manner which violates the provisions of this chapter.

§ 3-667 Rules and orders; delegation of duties; regulation of interstate products

A. The director shall adopt rules and orders that are necessary to carry out the purposes of this article, and that he determines are necessary to protect the public health and welfare, and to prevent deception or confusion among consumers. For labeling purposes only, the associate director may divide into categories the various trade and real milk products as being fluid milk, manufactured milk or food-predominantly-milk products. Any duties vested in the associate director by this article and delegable under law may be delegated by him to duly authorized employees or agents.

B. Notwithstanding any other provisions of this article, the director shall by rule make provisions for the transportation into the state and subsequent sale of trade products produced outside the state and labeled in accordance with federal law.

C. Notwithstanding any other provisions of this article, the director may by rule waive any of the provisions of this article as they apply to trade products manufactured for sale and distribution exclusively outside of this state, provided that the rules contain provisions ensuring that the products will not be made available or sold to consumers in this state.

D. All rules shall be adopted by the director only after open hearing at which interested parties shall be permitted to be heard. Any person desiring actual notice of the proposed enactment of rules shall notify the department in writing that he desires such notice. Twenty days prior to the date of a hearing on any proposed rule, the director shall send, by certified mail, a copy of the notice prescribed in section 41-1022 to each such person at the address supplied to the department.

§ 3-669 Deposit of monies; appropriation

All monies received by the department for any purpose under this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. Legislative appropriations for the administration of this article shall be as for other state offices.

§ 3-670 Violation; classification; injunctive relief and penalty for contempt

A. Any person violating any provisions of this article or any rule or order adopted in accordance with its provisions is guilty of a class 3 misdemeanor.

B. Upon the failure or refusal of a person to comply with the provisions of this article or any rule or order adopted in accordance with its provisions, the director may file an action in the superior court to restrain and enjoin the person from engaging in further acts violating the provisions of this article or any rule or order. The court shall proceed as in other actions for injunctions. A person found to be in contempt of an injunctive order of the court is guilty of a class 3 misdemeanor. Each day shall constitute a separate contempt.

§ 3-671 Conformity

A. Where any conflict with any other provisions of this chapter shall occur, this article shall control.

B. Where any conflict with federal law or federal regulations adopted in accordance with federal law shall occur in this article, such federal law or regulations shall control.

Chapter 5 Regulation of Eggs and Egg Products

Article 1 General Provisions

§ 3-701 Definitions

In this article, unless the context otherwise requires:

"Agent" includes a bailee, broker, commission merchant, factor, auctioneer, solicitor or consignee and any other person acting on the express or implied authority of another person.
"Associate director" means the associate director of the division.
"Candling" means the visual examination of eggs to establish their quality by the use of transmitted light to determine the cleanliness and soundness of the shell, the size and condition of the aircell and the condition of the yolk, white and germ.
"Carton" means an egg carton as used in commercial practice in the United States.
"Case" means a standard thirty-dozen egg case as used in commercial practice in the United States.
"Consumer" means a person who buys eggs for use as food and not for resale in any form.
"Container" means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case.
"Dealer" means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state.
"Deceptive" means any arrangement of the contents of any case, container, subcontainer, lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in grade, size, condition or any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part of the contents as to size, grade, condition or any other respects.
"Division" means the animal services division of the Arizona department of agriculture.
"Egg products":

(a) Means eggs that are removed from the shell in a liquid, frozen, dried or freeze-dried state.

(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.

"Eggs" means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl.
"Expiration date" means:

(a) For eggs that are marked grade AA, the words "sell by" or "buy thru" followed by a date, including the month and day, that is not more than twenty-four days after the eggs were candled and includes the date the eggs were candled.

(b) For eggs that are marked grade A, the words "best by" or "use by" followed by a date, including the month and day, that is not more than forty-five days after the eggs were candled and includes the date the eggs were candled.

"Grade" means classified as to quality and applies to a dozen, case, lot or load of eggs.
"Half case" means a fifteen-dozen container or one-half standard thirty-dozen egg case as used in commercial practice in the United States.
"Inspector" means an egg inspector who is appointed or assigned pursuant to section 3-709.
"Manufacturer" means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption.
"Marked" means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded.
"Mislabel" means the placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or other designation on eggs or on a carton, container or subcontainer of eggs, or on the label or lining or wrapper thereof, or on the outward end of the case, or on a placard or sign used in connection therewith, or in connection with any display having reference to eggs.
"Nest run eggs" means eggs that are packed as they come from the production facilities without having been washed, sized or candled for quality, regardless of whether some undergrades have been removed.
"Person" includes an individual, household, firm, corporation, company or association.
"Processed" means that the shell has been treated with oil or another preservative preparation.
"Producer" means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state.
"Producer-dealer" means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers.
"Quality" means the inherent properties of any product that determine its relative degree of excellence.
"Retailer" means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale.
"Sell" includes to offer for sale, to expose for sale or to have in possession for sale, exchange, barter or trade.
"Size" means classified as to weight.
"Standard" means the quality specifications for a single egg.
"Subcontainer" means a container that is used within another container.
"Supervisor" means the supervisor of egg inspection or the supervisor's authorized representative.

§ 3-703 Definitions of inedible eggs

In this article, unless the context otherwise requires:

"Addled" or "white rot" means putrid or rotten.
"Adherent yolk" means the yolk has become fastened to the shell.
"Adulterated eggs" are eggs that are filthy, putrid, decomposed or otherwise unfit for food in whole or in part.
"Denatured eggs" are eggs made unfit for human food by treatment or the addition of a foreign substance or ordure or chemical.
"Inedible eggs" are those described and classed as black rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, denatured eggs, adulterated eggs, or eggs containing embryo chicks (at or beyond the blood ring stage), eggs containing large blood and meat spots, or any other eggs that are filthy, decomposed or putrid.
"Loss" means eggs that are inedible, smashed, broken so that the contents are leaking, contaminated, or which contain bloody whites, large blood spots, large unsightly meat spots or other foreign material.
"Moldy" or "black spot" or "black rot" means the presence of mold or bacteria inside the shell.

§ 3-704 Descriptive terms in general

The definitions of terms descriptive of the shell, aircell and yolk, white and germ shall be those formulated by the United States department of agriculture for respective grades prescribed by the director.

§ 3-705 Standards of quality

The standards of quality for chicken eggs in the shell as determined by candling shall be established by rule adopted by the director.

§ 3-706 Grade tolerances

The tolerance for eggs in a case, half-case, container or carton as determined by count shall conform to the specifications of the grades established by rules adopted by the director.

§ 3-707 Allowances of tolerances

Within the maximum tolerance permitted allowances to be made at receiving points or on lot quantities shall be established by rules adopted by the director.

§ 3-708 Standards of size; determination by weight

As used in this article with relation to chicken eggs, the standards of size as determined by weight shall be established by rules adopted by the director.

§ 3-709 Supervisor of egg inspection; egg inspectors

A. The associate director, with the approval of the director, shall employ a supervisor of egg inspection. The supervisor shall qualify by taking and filing the official oath of office. He shall be possessed of not less than three years' experience in the production, sale and determining of standards and grades of eggs. He shall be possessed of technical and educational qualifications or practical experience in the handling and inspection of eggs, and in all matters relating to the egg industry.

B. The associate director shall employ egg inspectors and the director may assign personnel from the office of inspections to perform any of the inspection-related activities prescribed by this article under the direction of the supervisor. Egg inspectors employed by the associate director must be certified by the United States department of agriculture. The duties of inspectors shall be to inspect, weigh and examine dried eggs, frozen eggs and eggs in the shell being advertised or offered for sale to determine the condition, quality, grade and weight thereof. They may examine records of a person advertising or offering for sale eggs or egg products. They shall enforce the provisions of this article and other laws relating to the sale of eggs under the supervision and direction of the director.

§ 3-710 Powers and duties; state preemption; egg promotion program

A. The department may acquire and distribute to interested persons useful information relative to preparing for market, handling, purchasing, transporting, storing and marketing eggs and egg products, including demonstrating how to classify eggs and egg products in accordance with the uniform standards and grades prescribed pursuant to this chapter.

B. The department may issue in booklet form copies of this article containing complete descriptive terms as to shell, aircell, white, yolk and germ, and may change definitions of terms and grades as they are made and promulgated by the United States department of agriculture.

C. On request of the United States government, and others, the director may negotiate and sign cooperative agreements to provide inspection and grading services and charge and receive payment for the reasonable cost of such services. The monies received for such services shall be deposited in the state egg inspection trust fund established by section 3-717.

D. When the production of papers, books and records relating to any matter under investigation is deemed advisable, the director may apply to the superior court in any county for an order requiring the production of the papers, books and records. If the court is satisfied that the papers, books and records are pertinent to the matter under investigation, their production shall be ordered.

E. A complaint filed with the department charging a noncompliance with or violation of any provision of this article shall be in writing and signed by the complainant.

F. The supervisor and inspectors shall enforce this article in conformity with rules adopted by the director. The refusal of an officer authorized under this article to carry out the orders and directions of the director in the enforcement of this article or prosecutions under this article is neglect of duty. The director shall make and enforce such rules as the director deems necessary to carry out this article.

G. An inspector may enter and inspect any place or conveyance within this state over which the inspector has supervision where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported or sold, and may inspect all invoices and eggs and the cases and containers of the eggs and equipment found in the places or conveyances, and may take for inspection representative samples of the invoices, eggs and cases or containers for the purpose of determining whether or not any provision of this article has been violated.

H. An inspector, while enforcing this article, may seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs or egg products or all or any part of any pack, load, lot consignment or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported or sold in violation of any provisions of this article.

I. The department may prescribe minimum standards for egg processing plants and sanitary standards for processing shell eggs. The department shall establish these standards by rule. Chemicals used in egg processing plants, sanitizers used in egg processing, egg soaps, egg oil and other substances used in processing shell eggs are subject to the approval of the director.

J. The director shall adopt rules for poultry husbandry and the production of eggs sold in this state. This subsection does not apply to egg producers operating or controlling the operation of an egg ranch that has fewer than twenty thousand egg-laying hens producing eggs.

K. Consistency of poultry husbandry practices for the production of eggs is a statewide matter. The regulation of poultry husbandry practices related to the production of eggs is not subject to further regulation by a county, city, town or other political subdivision of this state.

L. The director may:

Establish an egg promotion program to provide certification, inspection and grading services and may prescribe, by rule, fees for those services. Except as provided in paragraph 3 of this subsection, monies collected from the fees shall be deposited, pursuant to sections 35-146 and 35-147, in the state egg inspection trust fund established by section 3-717.
Adopt rules to administer the egg promotion program, including participation guidelines, use requirements for department trademarks and certification marks and other rules the director deems necessary.
Conduct inspections to ensure compliance with the trademark and certification mark rules adopted pursuant to this subsection. The monies collected from fees for an inspection conducted pursuant to this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the state egg inspection trust fund established by section 3-717.

§ 3-712 Sampling; methods; sample as evidence

The director shall prescribe methods in conformity with the United States department of agriculture specifications of selecting samples of lots, cases or containers of eggs or egg products which shall be reasonably calculated to produce fair representations of the entire lots or cases and containers sampled. Any sample taken shall be prima facie evidence in any court in this state of the true condition of the entire lot, case or container of eggs or egg products in the examination of which the sample was taken.

§ 3-713 Presumption of sale from possession

Possession by any person, firm or corporation engaged in the sale of eggs or egg products creates a presumption that the eggs or egg products are for sale.

§ 3-714 Annual licensing; application; fee; display; exceptions

A. No person shall act as a dealer, producer-dealer or manufacturer engaged in the business of buying, candling, grading, peddling, distributing, dealing in or trading in eggs or egg products for resale within this state or engage in the business of breaking eggs for resale within this state without first obtaining a license from the division.

B. Applications for the license shall be made in writing upon forms obtained from the division, accompanied by a license fee as provided by this section.

C. The annual license fee shall be twenty-five dollars for each place or location where the business of the applicant is being or will be conducted. An exclusive retailer selling to consumers only is exempt from the license fee. The license shall be conspicuously displayed and posted at each place or location where the business of the licensee is conducted. Licenses shall expire on February 28 following the issuance thereof. A new license may be obtained for an additional period of one year upon written application and payment of a fee of twenty-five dollars for each place or location where the business is being or will be conducted.

D. Each applicant for a license shall state the name and address of the applicant, the location of each place or location where the business of the applicant is being or is intended to be conducted and that the applicant will in the conduct of the business comply with this article and the rules adopted pursuant to this article.

E. The provisions of this section shall not apply to consumers or persons who are exclusively retailers of egg products.

F. Persons handling eggs in a retail establishment for retail sale only to a consumer, or eggs which have been candled, graded and sold by a producer or a licensed person under this section, having proper refrigeration facilities for handling and storing the eggs at their retail place of business, shall not be subject to the licensing provisions of this section.

G. The licensing provisions of this section shall not apply to retailers complying with section 3-715, subsection A.

§ 3-715 Sales of nest run eggs; unlawful designations

A. It is unlawful to sell to retailers or consumers nest run eggs, except that a person may sell to retailers or consumers twenty-five cases of nest run eggs from the person’s own production each calendar year. Retailers may sell nest run eggs to consumers only if, when on hand, offered for sale or placed on sale, they are clearly marked "nest run". Each placard for cases, half-cases, cartons or containers of nest run eggs and all advertising, invoices and egg purchase tickets relating to nest run eggs shall likewise be clearly marked "nest run" as prescribed in this article. The total quantity of nest run eggs on hand or on sale at any time shall not exceed the total quantity of nest run eggs as shown on invoices or egg purchase tickets. Any person who sells nest run eggs shall keep an invoice or egg purchase ticket as prescribed in section 3-718.

B. A person who proposes to sell nest run eggs must first notify the department in writing of that intent and specify the location and the number of laying hens, the place of production and the general area of this state in which the nest run eggs are to be sold.

C. It is unlawful for any person selling any portion of a daily production as graded eggs to sell any other portion as nest run eggs, except that any person may change the sales from graded to nest run by notifying the department in writing prior to such change.

D. It is unlawful for any person selling any portion of a daily production as nest run eggs to sell any other portion as graded eggs, except that any person may change the sales from nest run eggs to graded eggs by notifying the department in writing within five days from the date of change.

E. Any person selling nest run eggs as provided in this section shall notify the department in writing within five days from the date each calendar year the person’s total sales of such eggs amount to twenty-five cases.

F. The department shall keep a record of all notifications made under this section.

G. It is unlawful to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or eggs from ducks, turkeys, geese or any species of fowl other than chickens without marking the cases, half-cases, containers and subcontainers of such eggs and indicating fully by sign or placard for bulk lots the species of fowl from which such eggs were produced.

H. It is unlawful to place on open display in retail stores cases with markings or any designation of brand, size, grade or other matter that does not properly and accurately apply to the eggs placed or packed therein unless all of such markings have been removed, erased or obliterated.

I. It is unlawful to prepare, pack, place, deliver for shipment, deliver for sale, load, ship or transport or sell in cases, cartons, containers or subcontainers eggs for human consumption:

Unless each case, carton, container or subcontainer of chicken eggs is marked with the full, correct and unabbreviated designation of size and grade of the eggs therein according to the standards as prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.
Unless cases, cartons, containers or subcontainers of chicken eggs marked grade AA or grade A are marked with the correct expiration date.
That are mislabeled.
That are deceptive.
That are or contain inedibles.
That have been in an incubator, unless the inedibles have been removed and the cases have been labeled as a hatchery test.

J. The owner or person in possession of eggs that fail to meet the requirements of subsection I, paragraphs 3 and 5 of this section, when such eggs are in cold storage or are being transported from cold storage and in possession of a dealer for candling and grading, shall not be prosecuted by reason of failure of the eggs to conform to such provisions. The eggs shall be subject to section 3-730, subsections B, C and D. The owner or person in possession of eggs that are going to a licensed person for candling or grading shall not be prosecuted for failing to meet the requirements of subsection I, paragraph 5 of this section, if the eggs do not contain more than five per cent by count of inedibles.

K. It is unlawful for retailers, producers, producer-dealers and dealers to sell or expose for sale eggs that are marked grade AA or grade A after the expiration date marked on the carton, case or container expires.

§ 3-716 Inspection fees; report and payment by dealers; exception; penalty; collection

A. An inspection fee of not more than three mills per dozen on shell eggs and three mills per pound on egg products shall be paid by a dealer, producer-dealer, manufacturer or producer on all eggs and egg products regardless of origin, sold to a retailer, hotel, hospital, bakery, restaurant, other eating place or consumer for human consumption within this state. Inspection fees on eggs used for the purpose of breaking, freezing or drying shall be paid by the manufacturer, dealer or distributor if sold or offered for sale to retailers or consumers for human consumption within this state.

B. If it appears that the revenue derived from inspection fees is more than is required for the administration of this article, the director may decrease the inspection fee and at any time thereafter may increase or decrease the inspection fee, but at no time shall it exceed an amount of three mills per dozen on shell eggs or three mills per pound on egg products.

C. All manufacturers, dealers, producer-dealers and producers shall file:

A quarterly report with the department showing the name and address of the manufacturer, dealer, producer-dealer or producer.
The number of dozen of eggs or pounds of egg products sold or delivered for the period to retail stores, hotels, hospitals, bakeries, restaurants, other eating places or consumers for human consumption within this state.

D. The report shall be accompanied by check or money order covering the inspection fee total of a value equal to the inspection fee in force at that time on all eggs or egg products shown on such report within thirty days following the close of quarterly report periods.

E. The records shall be retained for a period of one year and shall be open at all times to the inspection of the department.

F. Notwithstanding the requirements of this section, twenty-five cases per year of nest run eggs as provided in section 3-715 may be sold by any person to retailers or consumers without being subject to the report and inspection fee as provided by this section.

G. In addition to the inspection fees prescribed by this section, a penalty of ten per cent shall be added for the delinquent filing of any report or the delinquent payment of any inspection fee, and if the report and payment are not made within ten days after notification of delinquency, the penalty shall be twenty-five per cent of the inspection fee. Persons filing a false report shall be penalized fifty per cent of the amount due for inspection fees. The penalties prescribed by this section shall be deposited in the state egg inspection trust fund.

H. Such inspection fees and penalties shall be collected by civil action filed by the county attorney.

§ 3-717 State egg inspection trust fund

A. All fees provided by this article shall be paid to the department, which shall issue a receipt for such fees. The department shall deposit the full amount in a special fund known as the state egg inspection trust fund. The trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural programs established by this article.

B. The director shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury pursuant to sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.

C. The beneficiaries of the trust are the agricultural programs established by this article. The trust fund shall be used exclusively for the purposes of this article on the order of the director.

D. Monies deposited in the state egg inspection trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

§ 3-718 Sale of eggs; invoice; deterioration of eggs below grade; exceptions

A. Every person selling eggs or egg products to a producer-dealer, dealer, retailer, manufacturer, hotel, hospital, bakery, restaurant or other eating place, or consumer shall furnish an invoice showing the date of sale, the exact quantity of eggs or egg products, size and grade of the eggs, or nest run, according to the standards prescribed pursuant to this chapter, together with the name and address of the person buying and selling the eggs. An egg purchase ticket given by a dealer or producer-dealer to a producer when the producer sells nest run eggs to such dealer or producer-dealer complies with this section. A copy of the invoice or egg purchase ticket shall be kept on file by the seller and the buyer at their respective places of business for a period of thirty days and shall be open at all reasonable times to inspection by an inspector.

B. A person having eggs marked in accordance with the invoice who keeps the eggs for such time after they are purchased as to cause them to deteriorate to a lower grade or size and then offers or exposes them for sale under the mark of the invoice grade or size violates this article.

C. No invoice shall be required on eggs when sales are made by the producer from eggs produced on the producer's premises and sold direct to the consumer.

D. No invoice shall be required on eggs sold or delivered by a retailer when selling eggs from the retailer’s establishment to consumers.

§ 3-719 Reuse of standard cases and other containers; identification of eggs; expiration date markings; exceptions

A. The standard thirty-dozen case and the fifteen-dozen half case as used in commercial practice in the United States may be reused with writing permitted on the sides if the case has been plainly and legibly marked on one outward end in such a position as to clearly and accurately identify the eggs designated thereby, and with the correct designation of size and grade of the eggs therein according to the standards prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.

B. Designations of size and grade marked upon cases of loose eggs shall be plainly and conspicuously marked in bold-faced type or letters not less than one-half inch in height on one outward end of the case.

C. Each container, carton or subcontainer of chicken eggs shall be marked with the full, correct and unabbreviated designation of size and grade of the eggs therein according to the standards prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.

D. Designations of size and grade marked upon a carton or container of eggs shall be plainly and conspicuously marked in bold-faced type or letters not less than one-fourth inch in height on the outward top face of each carton or container holding less than fifteen dozen eggs, and not less than one-half inch in height on one outward side of any other container holding fifteen dozen or more eggs.

E. Cases, half cases, cartons or containers marked grade AA or grade A shall be marked with an expiration date. Months shall be abbreviated Jan, Feb, Mar, Apr, May, Jun, Jul, Aug, Sep, Oct, Nov or Dec.

F. The expiration date marked on a case, half case or container holding fifteen dozen eggs or more shall be plainly and conspicuously marked in bold-faced type not less than three-eighths inch in height on one outward end of the case or container.

G. The expiration date marked on a carton or container holding less than fifteen dozen eggs shall be plainly and conspicuously marked in bold-faced type not less than one-eighth inch in height on one end of the outward top face of each carton and on one outward end or the outward top of each container.

H. Only one description of the size and grade of eggs and one expiration date shall appear upon any carton, container, subcontainer or case of eggs.

I. Designations of size and grade markings on an advertisement, sign, placard, carton, container, subcontainer or case shall correspond with the designation of size and grade marking on the invoice furnished with the sale of the eggs.

§ 3-720 Containers not requiring markings; department of agriculture grades

A. No markings are required on cases, containers or subcontainers of eggs:

When a case, half case or container contains properly-marked cartoned or packaged eggs.
When sold to and packed on a contract basis for the United States armed forces or United States government institutions if labeled with United States department of agriculture grades.
When packed for shipment or being shipped to points outside the state.
When sales are made by the producer from eggs produced on his own premises and sold direct to the consumer.
When being delivered from outside the state to dealers in the state for candling and grading.
When being delivered to or when in possession of a dealer for candling and grading, when being delivered to cold storage, when in cold storage or when being removed from cold storage, except that eggs which have been in an incubator shall be marked "hatchery test" together with the name and address of the hatchery of origin.

B. Eggs marked with United States department of agriculture grades as referred to in subsection A, paragraph 2, shall be considered in compliance with the rules prescribed under this chapter if the eggs so marked as to grade and size meet requirements of the comparable quality, grade and size designation prescribed under this chapter. Eggs shall not be marked with United States grade designations of a lower quality or size than comparable grades prescribed under this chapter.

§ 3-721 Trade-mark; filing; reuse

A. A person may secure the right to use a trade name, trade-mark or symbol by filing it with the secretary of state in compliance with section 44-1443.

B. The reuse of any carton for eggs which bears a name, a trade-mark or a trade name, except where the user is entitled to use the name, trade-mark or trade name, is prohibited.

§ 3-722 Bulk lots; prohibition

Sales to consumers of chicken eggs from bulk lots are prohibited.

§ 3-723 Price advertisements; designation of size and grade of eggs

Advertising by sign, placard or otherwise the price at which chicken eggs are offered for sale without marking the full, correct and unabbreviated designation of size and grade of the eggs, or nest run, according to the standards prescribed pursuant to this chapter on the advertisement is prohibited.

§ 3-724 Misrepresentation of quality

A. No person shall advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they meet the requirements for grade A or better.

B. No person shall advertise, represent or sell eggs as local eggs unless the eggs have been produced within this state and meet the requirements for grade A or better.

§ 3-725 Egg products; rules; out-of-state products; sanitary certificate

A. Egg products shall not be sold in this state for human consumption unless the eggs used in such egg products have been candled to eliminate inedibles prior to removing the liquid from the shell and all further handling is pursuant to the rules prescribed under this chapter concerning sanitary requirements for separate egg breaking rooms, the quality and type of eggs to be broken and the labeling, freezing and storing of the product. Such egg products shall have been pasteurized by approved methods except as otherwise permitted by rules prescribed pursuant to this chapter.

B. Egg products prepared outside of the state, but within the United States, shall have been prepared only from eggs fit for human food and are at all times subject to the state rules for sampling and inspection procedure and subject to a reasonable inspection fee as provided in section 3-716.

C. As used in this section with relation to egg products, the standards of quality as determined by organoleptic inspections and laboratory analysis tests shall be as formulated by the United States department of agriculture. An inspector may take samples of any egg products within the state for laboratory analysis tests for the purpose of determining whether or not any provisions of this article have been violated.

§ 3-726 Imported egg products; permit; inspection; certificate; containers; fee

A. A person shall not sell for human consumption in this state egg products imported into the state from without the United States until they have been inspected by an inspector and are found to be fit for human consumption and unless a permit authorizing the sale has been issued. An inspector shall cause an inspection of the egg products to be made, and if they are found to be fit for human consumption, the division shall issue to the importer or consignee a permit authorizing the sale thereof, together with certificates of inspection equal in number to the containers in which the egg products are packed.

B. The certificates of inspection shall be in the form the division deems appropriate and shall have printed upon a white background in plain black letters not less than one inch high, frozen eggs, liquid eggs, dried eggs or egg products imported into the state of Arizona from without the United States, and inspected (inserting the date) by the Arizona department of agriculture. The certificates shall be printed upon gummed, adhesive labels, and the importer or consignee shall affix or cause to be affixed one certificate to each container so that the inspection certificate shall be plainly visible to the buyer.

C. The egg products referred to in subsection A imported into the state from without the United States shall be sold only in or from the original container. No certificate of inspection shall be removed from the container or defaced, and no container upon which an inspection certificate has been affixed shall be used as a receptacle for egg products imported into the state from without the United States which have not been inspected and pronounced fit for human consumption.

D. The importer or consignee shall pay in advance for the inspection. The inspection fee for each certificate shall be fixed by the director in accordance with the fees and charges of the United States department of agriculture.

§ 3-727 Refrigeration of eggs and egg products

A. Dealers, manufacturers and retailers shall keep shell eggs for human consumption under refrigeration at an ambient temperature not higher than forty-five degrees Fahrenheit.

B. Dealers, manufacturers and retailers shall keep frozen egg products for human consumption under refrigeration at a temperature not higher than zero degrees Fahrenheit.

§ 3-728 Nonconforming eggs; refusal of carrier to ship; reservation in bill of lading

A person, forwarding company or common carrier may decline to ship or transport eggs or egg products when notified by an inspector that the eggs or egg products are not in conformity with the provisions of this article, and any person, forwarding company or common carrier may reserve the right in the receipt, bill of lading or other writing given to the shipper to reject for shipment and to return to, or hold at the expense and risk of the shipper, eggs or egg products which upon inspection are found not in conformity with this article.

§ 3-729 Violation by transporting agency

A person, forwarding company or common carrier transporting eggs or egg products at the request of the shipper or owner shall not be deemed in violation of this article unless the person, forwarding company or common carrier wilfully fails or refuses to stop the transportation thereof with reasonable dispatch after notice in writing by the director that the eggs or egg products are found delivered for shipment in violation of this article.

§ 3-730 Nonconforming eggs as nuisance; procedure for handling and abatement

A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered for sale, loaded, shipped, transported or sold in violation of this article, together with their cases, cartons or containers, are declared a public nuisance, and the eggs or egg products shall be held by the person in possession and shall not be moved from the place where held, except upon written permission or specified direction of the director.

B. An inspector may affix a warning tag or notice to the eggs or egg products and may give notice of the violation to the producer, manufacturer, dealer, owner or any person in possession of the eggs or egg products. If the person, after notice, refuses or fails within seventy-two hours to proceed with due diligence to recondition or remark the eggs or egg products so as to comply with this article, the eggs or egg products, and their cases, cartons or containers, may be seized by a law enforcement officer. When the eggs or egg products are in cold storage the seventy-two hour period does not commence to run until the eggs or egg products are removed from storage and delivered to a dealer or producer.

C. The county attorney of the county in which the nuisance exists, on the relation of the director, shall maintain in the name of the state a civil action to abate and prevent the nuisance. If the court finds a nuisance exists, the court shall order the eggs or egg products condemned and destroyed in the manner directed by the court, or reconditioned, remarked, denatured or otherwise processed, or released upon such conditions as the court may prescribe to insure that the nuisance will be abated. If the owner fails to comply with the order of the court within the time specified, the court may order disposal of the eggs or egg products, and their cases, cartons or containers, or the sale thereof, under such conditions as the court may prescribe, by the director, the sheriff or the constable. In the event the court orders any of the eggs or egg products and their cases, cartons or containers which can be salvaged to be sold, the cost of disposal shall be deducted from the proceeds of the sale and the balance paid into court to be delivered to the owner.

D. In actions arising under this section, the superior court has original jurisdiction.

§ 3-731 Injunction

The director may bring an action to enjoin the violation or threatened violation of any provision of this article in the superior court in the county in which the violation occurred or is about to occur.

§ 3-732 Eggs bearing warning tag or notice; removal of tag or movement of containers prohibited

No person shall move any eggs or their cases, cartons or containers to which a warning tag or notice has been affixed or remove the warning tag or notice from the place where it is affixed, except upon written permission or specific direction of the director.

§ 3-733 Unlawful acts and conduct

The following acts or conduct are unlawful:

Failure to comply with a lawful order of the department, or of a court, in a proceeding under the provisions of this article.
Refusal to submit eggs or egg products or a case, carton, container, subcontainer, lot, load or display of eggs to inspection or to refuse to stop, at the request of an authorized representative of the department, any vehicle transporting eggs or egg products.
Failure to appear in court at the time and place designated in a written promise given after arrest in accordance with the provisions of this article, regardless of the disposition of the offense originally charged.
Making a statement, representation or assertion in writing, or by any other manner or means whatever, concerning the grade, size, weight, condition of or any other matter relating to advertising and selling eggs and egg products which is false, deceptive or misleading in any particular.
Furnishing an invoice, statement or bill showing the size, grade, representation of freshness or any other description of eggs or egg products which is false, deceptive or misleading in any particular.

§ 3-734 Prosecutions by attorney general or county attorneys

The attorney general or county attorney, upon request, shall advise the director or authorized agents thereof in the performance of its duties, and shall institute and prosecute actions arising under this article.

§ 3-735 Arrests; appearance before magistrate; notice; written promise to appear; bail

A. When a person is arrested for transporting eggs or egg products in violation of this article, unless he demands the right to an immediate appearance before a magistrate, the arresting officer, upon production of satisfactory evidence of the identity of the person arrested, shall take his name and address, the license number of his motor vehicle and such other information as may be necessary, and notify him in writing to appear at a time and place specified in the notice not less than five days after arrest before a magistrate of the precinct in which the offense is alleged to have been committed, and if the defendant gives his written promise to appear at the time and place specified, the arresting officer shall forthwith release him from custody.

B. When the defendant refuses to give a written promise to appear, or demands an immediate appearance before a magistrate, he shall be taken forthwith before a magistrate of the precinct in which the offense is alleged to have been committed. He shall then be entitled to not less than five days continuance in which to plead or prepare for trial unless he waives the time and gives written promise to appear at such time and place as the court may fix, or, if he refuses to give the promise, the court may fix bail, and when given the defendant shall be released from custody.

§ 3-736 Venue; evidence

A. A prosecution for a violation of this article may be instituted in the precinct of the county where any part of the offense occurred.

B. Evidence taken in one county may be admitted as evidence in a prosecution in another county.

C. The director may, while enforcing the provisions of this article, seize and hold as evidence any advertisement, sign, placard, invoice, case, carton or container of eggs or egg products or all or any part of any pack, load, lot consignment or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this article.

§ 3-737 Violations; classification

A. A person violating any provision of this article, filing a false report, or interfering with an inspector in the discharge of his duties is guilty of a class 3 misdemeanor.

B. In addition, a violation of any of the provisions of section 3-716 is punishable as provided in subsection G of section 3-716.

C. In addition, a violation of section 3-730 is punishable as provided in subsection C of section 3-730.

§ 3-738 Appeal inspections

A. A person who is dissatisfied with the quality, grade, weight or condition assignment made by an inspector on a lot of shell eggs or egg products, which is evidenced by an egg inspection certificate, or with an inspector's decision relating to the sale of shell eggs or egg products may request an appeal inspection or a review of a decision.

B. A request for an appeal inspection or review of a decision shall be made in writing to the supervisor and shall clearly state the reason for requesting the inspection or review. An oral request may be made if a written request immediately follows the oral request.

C. The supervisor may refuse an appeal inspection or a review of a decision if:

It appears that the reasons given for the request are frivolous or are not substantial.
The product has been moved from the place of the original inspection.
The request is made more than forty-eight hours after the original inspection was made.
The product has not been maintained under proper temperature.
The original lot size has changed, been tampered with or altered in any way.

D. Appeal inspections shall be performed by an inspector other than the inspector that originally inspected the product. Whenever practical, an appeal inspection shall be conducted jointly by two inspectors. Samples for the appeal inspection shall consist of the samples originally inspected plus an equal number of new samples.

E. Immediately after an appeal inspection is completed, an appeal certificate shall be prepared to show that the original inspection was sustained or was not sustained. This certificate supersedes any previously issued certificate for the product inspected and shall clearly identify the number and date of the superseded certificate. If the appeal request was made orally, the appeal certificate shall be withheld until the written request is received.

§ 3-739 Violations; civil penalties; exception

A. A retailer, dealer, peddler, shipper, seller or purveyor of shell eggs or egg products, who has received a written notice of violation of this article from the department and who after receipt of the notice commits a subsequent violation of the same provision which was stated in the notice, shall be subject to a civil penalty as follows:

For the first subsequent violation, at least fifty but not more than two hundred fifty dollars.
For the second and all subsequent violations, at least one hundred but not more than five hundred dollars.

B. The department shall establish by rule criteria for determination of civil penalties imposed under this section. Any civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. This section does not apply to the regulation of grade and weight standards pursuant to this article, or to tempering of shell eggs or egg products as required in food preparation.

Chapter 7 Arizona Native Plants

Article 1 Administration

§ 3-901 Definitions

In this chapter, unless the context otherwise requires:

"Associate director" means the associate director of the division.
"Division" means the environmental services division of the Arizona department of agriculture.
"State agency" means any agency or political subdivision of the state.
"State land" includes land owned by this state or by a state agency.

§ 3-902 Administration and enforcement

The director shall administer and oversee the enforcement of this chapter.

§ 3-903 Protected group of plants; botanical names govern; categories of protected plants; power to add or remove plants; annual hearing

A. The protected group of native plants shall include, and protected native plants shall be, any plant or part of a plant, except, unless otherwise specifically included, its seeds or fruit, which is growing wild on state land or public land or on privately owned land without being propagated or cultivated by human beings and which is included by the director on any of the definitive lists of protected categories of protected native plants described in this section. The director by definitive lists may divide any protected category into subcategories which are to receive different treatment under the rules adopted under this article to conserve or protect such plants. In the preparation of each list of plants within a protected category or subcategory the director shall list by botanical names all of those protected plants which are to fall within the protection of that category or subcategory. The botanical names of the listed plants govern in all cases in the interpretation of this article and any rules adopted under this article.

B. The director shall establish by rule the lists of plants in the following categories of protected native plants:

Highly safeguarded native plants to be afforded the exclusive protections, including the use of scientific or threatened collection and salvage permits, provided this category in this chapter. This category includes those species of native plants and parts of plants, including the seeds and fruit, whose prospects for survival in this state are in jeopardy or which are in danger of extinction throughout all or a significant portion of their ranges, and those native plants which are likely within the foreseeable future to become jeopardized or in danger of extinction throughout all or a significant portion of their ranges. This category also includes those plants resident to this state and listed as endangered, threatened, or category 1 in the federal endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 et seq.), as amended, and any regulations adopted under that act.
Salvage restricted native plants to be afforded the exclusive protections involving the use of salvage permits, tags and seals provided in this chapter. This category includes those native plants which are not included in the highly safeguarded category but are nevertheless subject to a high potential for damage by theft or vandalism.
Salvage assessed native plants to be afforded the exclusive protections, involving the use of salvage tags and seals and annual salvage permits, provided in this chapter. This category includes those native plants which are not included in either the highly safeguarded or salvage restricted categories but nevertheless have a sufficient value if salvaged to support the cost of salvage tags and seals.
Harvest restricted native plants to be afforded the exclusive protections involving the use of harvest permits and wood receipts provided in this chapter. This category includes those native plants which are not included in the highly safeguarded category but are subject to excessive harvesting or overcutting because of the intrinsic value of their by-products, fiber or woody parts.

C. The director by rule may add or remove a native plant to or from the protected group or any of the categories of protected native plants.

D. The director shall hold a public hearing on native plants at least every twelve months after giving notice as required by section 3-912, subsection B.

§ 3-904 Destruction of protected plants by private landowners; notice; exception

A. This chapter does not prevent the destruction of protected native plants or clearing of land or cleaning or removing protected native plants by the owner of the land or the owner's agent if:

The land is in private ownership.
The protected native plants are not transported from the land or offered for sale.
The owner or the owner's agent notifies the department pursuant to this section of the intended destruction at least:

(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 forty acres.

The protected plants are destroyed within one year of the date of destruction disclosed in the notice given the department in paragraph 3 of this subsection.

B. The notice under subsection A, paragraph 3, subdivision (a) may be oral or written. The notice under subsection A, paragraph 3, subdivisions (b) and (c) must be in writing. The notice under subsection A, paragraph 3, whether written or oral, shall include:

The name and address of the owner of the land and, if the owner is not a resident of this state, the name and address of the owner's agent in this state to be contacted regarding the destruction or salvage of the native plants.
The earliest date that destruction of the protected native plants will begin.
A general description of the area in which the protected native plants will be destroyed.
Whether the owner intends to allow salvage of the plants to be destroyed.

C. The director by rule shall:

Prescribe the form and content of the notice that shall be adequate and comply with subsection B and shall provide landowners with copies of the notice on request.
Provide for an alternative procedure in cases in which the landowner is not required to notify the department in writing. The alternative procedure shall include:

(a) Oral notification by the landowners to the department.

(b) Preparation by the department of a written notice form. The department shall transmit a confirming copy to the landowner, and the owner may not begin destruction of protected native plants until the owner receives the written confirmation and the time prescribed under subsection A, paragraph 3 has elapsed.

D. The written notice form, whether completed by the landowner or the department, shall include the following notice in bold-faced type:

Notice: Consent of the landowner is required before entering any lands described in this notice.

E. Within five working days after receiving the notice required under this section the department shall post a copy of the notice in a conspicuous location in the public area of the division office that administers the department activities in the county where the land is located on which the native plants are to be destroyed. The division shall also mail a copy of the notice to any salvage operator or interested party that has requested notice of such activities occurring during the current calendar year. The director by rule may establish and the associate director shall collect a reasonable fee from those receiving copies of the notice to cover the cost of providing this notice.

F. If the department receives a notice of intended destruction under subsection A, paragraph 3 and subsequently receives a complete and correct application for a salvage permit executed by the owner of the land or the owner’s agent for any highly safeguarded or salvage restricted native plants intended to be destroyed under the notice, the department shall facilitate the prompt salvage of the plants by issuing a permit, and any associated tags and seals, within four working days.

G. The notice requirements of subsection A, paragraph 3 do not apply to the destruction of native plants that occurs in the normal course of mining, commercial farming and stock raising operations.

H. This section does not apply to the destruction of protected native plants on individually owned residential property of ten acres or less where initial construction has already occurred.

§ 3-905 Destruction of protected plants by state

A. Except in an emergency or as the state forester determines is necessary for the Arizona department of forestry and fire management to prevent, manage or suppress wildfires pursuant to section 37-1303, if a state agency proposes to remove or destroy protected native plants over an area of state land exceeding one-fourth acre, the agency shall notify the department in writing as provided in section 3-904 at least sixty days before the plants are destroyed, and any such destruction must occur within one year of the date of destruction disclosed in the notice. The department shall post and disseminate copies of the notice as provided in section 3-904, subsection E. This state and its agencies and political subdivisions are exempt from any fees established for salvaged plants.

B. If the director determines that the proposed action by the state agency may affect a highly safeguarded plant, the director shall consult with the state agency and other appropriate parties and use the best scientific data available to issue a written finding as to whether the proposed action would appreciably reduce the likelihood of survival or recovery of the plant taxon in this state. If the determination is affirmative, the director shall also specify reasonable, prudent and distinct alternatives to the proposed project that can be implemented and are consistent with conserving the plant taxon.

C. The director shall adopt rules for the disposal and salvage of native plants subject to removal or destruction by a state agency either under permit to other government agencies or nonprofit organizations or sale to the general public or commercial dealers. The department may issue permits to donate, sell, salvage or harvest the plants after the department ascertains the validity of the request and determines the kinds and approximate number of the plants involved. The permit shall specify the number and species of protected native plants and the area from which they may be taken.

§ 3-906 Collection and salvage of protected plants; procedures, permits, tags and seals; duration; exception

A. Except as provided in this chapter a person shall not take, transport or possess any protected native plant taken from the original growing site in this state without possessing a valid permit issued by the division. The division shall issue permits in either a name or business name. A permit to take, transport or possess native plants is nontransferable, except that a permittee, by subcontract or otherwise, may allow its agents to work under the permit if the permittee remains primarily responsible for the actions of persons acting under his expressed or implied authority.

B. In addition to the requirements prescribed by this section, a person who moves or salvages a saguaro cactus (cereus giganteus) that is more than four feet tall, from other than its original growing location, must purchase a permit, tag and seal from the department. A person may move a saguaro cactus without obtaining a permit, tag and seal only if the person maintains documentation of a previous legal movement or if the department has record of a previous legal movement of the cactus by the person. Saguaro cacti that are propagated by humans are exempt from the requirements of this subsection.

C. Permits applicable to highly safeguarded native plants may be issued only for collection for scientific purposes or for the noncommercial salvage of highly safeguarded native plants whose existence is threatened by intended destruction, or by their location or by a change in land usage, and if the permit may enhance the survival of the affected species.

D. Permits issued for the salvage of salvage assessed native plants shall be issued for a period of one calendar year without respect to the land from which the plants will later be taken. The associated tags and seals shall be issued individually or in bulk on payment of any fees required under section 3-913, subsection A, without respect to the specific plants for which they will be used. All such tags and seals remain valid for use in subsequent years as long as the permit is renewed.

E. The division shall provide tags and seals for each permit issued for taking, transporting or possessing highly safeguarded, salvage restricted or salvage assessed native plants. The director by rule shall establish procedures and forms for permits, tags and seals to be issued for the collection and salvage of highly safeguarded native plants and the salvage of salvage restricted and salvage assessed native plants. The director by rule may establish and modify the form and character of the tags and seals described in this section. All such tags and seals shall be attached to the plants at the time of taking and before transporting. It is unlawful to remove a tag or seal from a protected native plant that has been taken and tagged pursuant to this article before the plant has been transplanted at its designated site. A tag or seal may be removed only by a designated agent of the division or by the owner of the plant.

F. This section does not apply to the transporting of protected native plants by a landowner or his agent from one of his properties to another if the plants are not offered for sale.

§ 3-907 Cutting or removal of harvest restricted plants for their by-products, fiber or wood; procedures; exceptions

A. The division shall provide harvest or wood permits, and wood receipts with each wood permit, authorizing the taking, transporting or possessing of harvest restricted native plants cut or removed for manufacturing or processing purposes, for their by-products, fiber or wood. It is unlawful for a person to take, transport or possess such a plant for its by-products, fiber or wood if he is not in possession of a permit and any required receipt. A permit or receipt is not transferable by the permittee or his agent, nor may it be used by anyone other than the person to whom it was issued, except that the permittee shall transfer the receipt to the purchaser as proof of ownership of the wood covered by the receipt.

B. A person in possession of a valid permit for the removal of dead plants, wood, fiber or other by-products issued by the United States department of agriculture or the United States department of the interior from lands under the administration of the United States forest service or the United States bureau of land management is exempt from the permit required by subsection A.

C. This chapter shall not be construed to prohibit any person from cutting, removing, transporting or possessing any harvest restricted native plant or part for manufacturing or processing purposes in amounts of one hundred pounds or less, or any such plant or part as wood in amounts of two cords or less in quantity from land owned or leased by that person, other than state-owned land or other public land, or from land if the owner has given written consent to the person to cut, remove, transport or use the plant, or its fiber or wood.

D. This section does not apply to the use of dead wood for branding fires or at permissible camping or cooking sites for camping or cooking fires or cutting, removing, transporting or possessing dead harvest restricted plants or the dead parts from such plants from land owned or leased by that person.

§ 3-908 Prohibited acts; use of permits, tags, seals and receipts

A. Except as provided in this chapter, it is unlawful for a person to destroy, dig up, mutilate, collect, cut, harvest or take any living highly safeguarded native plant or the living parts of any highly safeguarded native plant, including seeds or fruit, or any other living protected native plant or the living parts of any other protected plant, except seeds or fruit, from state land or public land without obtaining any required permit, tags, seals or receipts from the department, or from private land without obtaining written permission from the landowner, and any required permit, tags, seals or receipts from the department. It is unlawful for a person to falsify any paper or document issued to give permission for a person to take native plants of the protected group or to take more protected native plants than authorized by the permit or to take protected native plants from areas other than authorized by the permit.

B. Permits issued for the removal of protected native plants, or any parts of protected native plants, except permits issued for the salvage of salvage assessed native plants, shall be granted only on submission to the division of an application executed by both the landowner or his agent and the party who intends to be the permittee, after being completed by either or both, and are valid for a stated period of time to allow the permittee to remove the specific amount of plants, by-products, fiber or wood stated in the permit, or that period of time stated by the landowner as part of the landowner's permission, whichever is shorter. The permit expires on the termination date shown on the permit, when the tags and seals issued with the permit have been attached to the plants covered by the permit and the plants are no longer in the possession of the permittee or when the receipts have been transferred to the purchaser of the wood covered by the receipts.

C. A permit is valid for taking plants or parts of plants listed on the permit but not removed from the land described in the permit until the permit's expiration or for one year from the date of issuance, whichever occurs first, except that for any permit the tags and seals, or receipts, issued therewith but not yet used by the permittee become invalid if the land on which the plants are growing, and described in the permit, changes ownership, unless the new owner certifies in writing that the permittee may continue taking the plants or parts of plants as specified on the permit.

D. It is unlawful for a person or scientific or educational institution to misuse a permit in any manner. A permittee shall make permits, tags, seals and receipts available for inspection by the department or any peace officer as provided for in this chapter. A tag, seal or receipt is invalid unless it is issued with a valid permit. A permit is invalid unless it bears the required tag numbers or receipt numbers on its face. It is unlawful to alter or deface any permit, tag, seal or receipt.

E. The director may give written permission for a person or a scientific institution to take a definite number of specified plants in a protected group from areas specified by the department for scientific purposes. In addition the director may give written permission for a person to take specific plants or parts of plants not in the highly safeguarded category from areas specified by the department for salvage or for manufacturing or processing purposes or for the cutting or removal of wood and assess reasonable and proper fees for such taking of the plants or parts of the plants. The director may give written permission for a landowner to transfer specified plants in the protected group from land he owns to another property owned by him, and such permits shall be exempt from fees.

§ 3-909 Shipment of plants; exhibition of permit and certificate of inspection to carrier; sale of highly safeguarded plants

A. No person or common carrier may transport a plant, or any part of a plant, belonging to the protected group, nor receive or possess a protected native plant for transportation within or without this state, except for manufactured wood articles, unless the person offering the plant for shipment exhibits to the person or common carrier a valid written permit for the transportation of the plant or part of a plant and has securely and properly attached a valid required native plant tag and seal to the plant. If for transport without the state, the plant shall also bear a certificate of inspection by the department. All protected native plant species or varieties, not grown in Arizona and imported into this state, shall be transported directly to a department field office at which a movement permit and seals must be purchased before proceeding to the final destination.

B. Plants of the protected group that are shipped into this state shall be accompanied by all permits, tags and seals required by the exporting state or country.

C. It is unlawful for a person to commercially sell or offer for commercial sale in interstate commerce any highly safeguarded native plant or in the course of interstate commercial activity to deliver, receive, carry, transport or ship by any means any such plant in furtherance of a commercial sale or offer for commercial sale.

§ 3-910 Compiling information; reports; native plant surveys; investigations; technical advisory board

A. At the request of any person, including a state or federal agency, and if the person provides the department with a suitable description of the land in question, the director may enter into agreements with any such person to conduct native plant surveys on the applicable private or state land. Unless the survey is limited to the simple determination of whether or not protected species exist on the land, the department may collect fees as reimbursement for the services which are reasonably based on the time factor, vegetation density and acreage. Notwithstanding section 35-148, subsection A, the director shall deposit any monies received under this subsection in the fund established by section 3-913.

B. The director by rule may require written reports from persons engaged in salvaging or harvesting protected native plants as to the location and quantities of protected native plants and their parts which have been salvaged or harvested under this chapter. The director by rule may make the filing of these reports a condition to the issuance or renewal of any permits, tags, seals or receipts provided for in this chapter.

C. The department may conduct investigations of the status of all species of native plants in order to develop information relative to population distribution, habitat needs, limiting factors and other biological data and to determine measures and requirements, including transplantation and propagation, necessary for their conservation or survival. If protected native plants or significant communities of such plants are vulnerable to depletion from their collection or harvest as a commercial resource, the department may collect statistical information and conduct investigations to determine what harvests are sustainable without depleting the plants or plant communities or destroying significant habitat provided by such plants or plant communities.

D. The director may appoint, utilize and contract with a technical advisory board, serving without compensation, to annually review the number of permits and tags issued in order to assess whether plant species, communities or populations are being depleted and recommend revisions to the protected plant categories. The board shall consist of representatives of the scientific community, including the botanical and zoological fields, and representatives from the native plant industries, including salvage, revegetation, propagation, landscaping and harvesting concerns.

§ 3-911 Conservation and public education

A. The department may conserve the highly safeguarded native plants including the use, and encouraging the use, of all methods and procedures that are necessary to bring the highly safeguarded native plants to the point where they are no longer in need of federal protection as endangered or threatened plants or state protection as highly safeguarded native plants. These methods and procedures include all activities associated with scientific resource management such as research, census, law enforcement, habitat protection and maintenance, propagation and transplantation.

B. The department shall encourage commercial businesses engaged in land development or other activities conducted on private land to salvage protected native plants to the greatest extent feasible.

C. The department may produce, and collect reasonable fees for, seminars, courses, pamphlets and other educational programs and publications concerning the effect, intent and interpretation of this chapter, the identification, nature or condition of protected native plants and the feasibility and techniques for their conservation and salvage for presentation and dissemination to:

State agencies and political subdivisions, including state and local law enforcement agencies and counties or municipalities which have enacted or consider enacting ordinances preserving protected native plants.
Real estate and other commercial businesses engaged in land development and other activities conducted on private land.
Landowners and the public at large.
Persons or entities that are convicted of violating this chapter or rules and ordinances adopted pursuant to this chapter and that are ordered by the court to attend educational classes or programs as part of their sentences.

D. Notwithstanding section 35-148, subsection A, the director shall deposit any monies received under this section in the trust fund established by section 3-913.

§ 3-912 Rules; additional notice requirements

A. The director shall adopt rules to enforce this chapter pursuant to title 41, chapter 6.

B. In addition to the notice requirements prescribed in title 41, chapter 6, at least thirty days before any hearing at which a new rule or a change in a rule will be considered the department shall send a copy of the notice by first class mail to persons or entities requesting notice pursuant to section 3-904, subsection E.

§ 3-913 Fiscal provisions; fees; Arizona protected native plant trust fund

A. The department shall collect nonrefundable fees for issuing permits, tags, seals and receipts under this article, except for scientific purposes, from landowners moving protected plants from one of their properties to another, or from the independent owner of residential property of ten acres or less if no such plants are to be offered for sale.

B. The director shall establish the amount of the fee by rule to reasonably reflect the cost to the department for administering this chapter or to reflect the value of the service, permit, tag, seal or receipt, including at least the following amounts:

For cereus giganteus (saguaro), at least three dollars for each plant.
For native plants that the director determines to be useful for revegetation and that cannot be salvaged economically at a higher fee, at least twenty-five cents per plant.
For all other native plants, at least two dollars for each plant.
For all receipts for live harvest restricted native plants cut or removed for wood, at least one dollar per cord.
For a permit for the by-products or fiber of harvest restricted native plants, at least one dollar per ton.

C. The Arizona protected native plant trust fund is established for the exclusive purpose of implementing, continuing and supporting the program established by this chapter. All fees and other monies collected under this chapter except civil penalties assessed pursuant to section 3-933 or 3-934 shall be deposited in the trust fund. The director shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03 and monies earned from investment shall be credited to the trust fund. The beneficiary of the trust is the program established by this chapter. The trust fund shall be used exclusively for the purposes of this chapter on the order of the director. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

§ 3-914 Board of supervisors; power to preserve plants

The board of supervisors of each county is authorized to adopt and enforce ordinances not in conflict with law for the preservation of protected groups of plants.

§ 3-915 Exemptions

This chapter does not apply to:

Existing canals, laterals, ditches, electrical transmission and distribution facilities, rights-of-way and other facilities, structures or equipment owned, operated, used or otherwise possessed by public service corporations and special districts established under title 48, chapter 11, 12, 17, 18, 19, 21 or 22.
Normal and routine maintenance of improvements which may cause the incidental or unavoidable destruction of native plants.
The prevention, management or suppression of wildfires by the Arizona department of forestry and fire management pursuant to section 37-1303.

§ 3-916 Salvage of native plants by homeowners' association or other nonprofit organization; definition

A. A homeowners’ association or any other community based nonprofit organization may collect and salvage native plants under this section without obtaining a permit, tag, seal or receipt or paying a fee otherwise required by this chapter. Native plants may be obtained under this section only for noncommercial salvage and only if their existence is threatened by intended destruction, by their location or by a change in land use.

B. Before collecting any plant under this section, the homeowners' association or nonprofit organization shall submit to the department:

A letter of permission from the owner of the property on which the native plants are currently growing authorizing the homeowners' association or nonprofit organization to enter the property and remove the plants.
A copy of a resolution adopted by the governing body of the county, city or town authorizing the homeowners' association or nonprofit organization to collect and salvage native plants pursuant to this section in the unincorporated area of the county or in the city or town, as applicable.
A written statement from the homeowners' association or nonprofit organization including:

(a) The name of the association or organization.

(b) The name, address and telephone number of a contact person representing the association or organization.

(c) The name, address and telephone number of the owner of the property on which the native plants are currently growing.

(d) The physical location of the property on which the plants are growing.

(e) A signed statement that:

(i) The plants will be transplanted in a common area owned, managed or leased by the homeowners' association or on public property.

(ii) The plants will not be sold, exchanged or otherwise disposed of except as provided by this section.

C. A person who possesses a permit, tag or seal issued under this chapter for collection or salvage of native plants has priority over the homeowners' association or nonprofit organization in obtaining any native plant.

D. The department shall issue a notice to the homeowners' association or nonprofit organization of any violation of the terms and conditions prescribed by this section or of any statement submitted to the department under subsection B. In the case of any subsequent violation, the department shall issue another notice prohibiting further collection or salvage of plants. The department shall transmit a copy of each notice to the governing body of the county, city or town.

E. For purposes of this section "homeowners' association" means a nonprofit corporation or association that is organized in this state and that meets both of the following requirements:

It is established to own, lease or manage common, limited access lots, parcels, areas, grounds or streets of a real estate development in this state.
It has the power under its organizing documents to assess and compel association members to pay the expenses incurred in performing the association’s obligations.

Article 2 Enforcement

§ 3-931 Enforcement powers and procedures

A. An employee, officer or agent of the department may enter in or on any premises or other place, train, vehicle or other means of transportation within or entering this state, if he has reason to believe there is present or on such premises or means of transportation a protected native plant taken, transported or possessed in violation of this chapter.

B. A power granted pursuant to this chapter to any person may be exercised by a deputy, inspector or agent of the authorized person. A person who is authorized to enforce this chapter, including an employee of a state, the United States or an Indian tribe with which cooperative agreements have been made by the director, has powers of a peace officer to enforce this chapter. It is unlawful to interfere with or hinder the actions of a peace officer or an officer or employee of the department in the enforcement of this chapter.

C. In the enforcement of this chapter, a peace officer or an officer or employee of the department may make arrests without warrant for a violation of this chapter which he may witness and may confiscate, or seize by the attachment of a "warning hold" notice, any protected native plant found without a valid and properly affixed tag and seal when required by this chapter, or any plant by-product, fiber or wood from protected native plants found in the possession of a person without a valid receipt if a receipt is required under this chapter. It is unlawful to move or otherwise handle or dispose of any protected plant or part of a plant held under a "warning hold" notice, except with the express written permission of the enforcing officer, and for the specified purpose. Plants, by-products, fiber or wood confiscated under this subsection, if not released to the person from whom they were seized before such time, shall be disposed of by the department or pursuant to court order at the conclusion of the proceedings.

D. Devices, equipment or vehicles used in the illegal taking, transportation, destruction or mutilation of protected native plants may be seized by a peace officer or officer of the department on a temporary basis, not to exceed one working day, to permit the protected native plants or parts of plants involved in the illegal act to be moved to a secure location.

E. An officer, employee or agent of the department who is duly authorized to enforce this chapter, in addition to peace officers, may enforce title 41, chapter 4.1, article 4 and sections 13-3702 and 13-3702.01. Such an officer, employee or agent may make an arrest without warrant for violations witnessed by the officer, employee or agent and may confiscate archaeological and other specimens or objects if unlawfully excavated or collected.

§ 3-932 Violation; classification; penalties

A. A person commits theft of protected native plants if, without the express consent of the landowner, the person knowingly removes or destroys any protected native plants from private or state land. Theft of protected native plants with a value of:

One thousand five hundred dollars or more is a class 4 felony.
At least seven hundred fifty dollars but less than one thousand five hundred dollars is a class 5 felony.
At least five hundred dollars but less than seven hundred fifty dollars is a class 6 felony.
Less than five hundred dollars is a class 1 misdemeanor.

B. A knowing violation of this chapter involving either the misuse of permits, tags, seals, or receipts, or the collection, salvage, harvest, transportation or possession of protected plants without any required permits, tags, seals or receipts is a class 1 misdemeanor. A subsequent conviction for a violation of this subsection is a class 6 felony.

C. All other violations of this chapter are class 3 misdemeanors except that if a prior conviction is a class 3 misdemeanor, a subsequent conviction is a class 2 misdemeanor, and if a prior conviction is a class 2 misdemeanor, a subsequent conviction is a class 1 misdemeanor.

D. From and after June 30, 1990, on conviction of any violation of this chapter the director may request of the court that the convicted person, or a responsible person from a convicted entity, be ordered to attend educational classes or programs pursuant to section 3-911, subsection C.

E. On conviction of a violation of this chapter, the director may also request of the court as a provision of the sentence, the revocation of all permits issued to the person convicted and the permittee shall be required to surrender any unused tags or seals or receipts to the division, and the division shall not issue new or additional permits to the permittee for a period of one year from the date of conviction. The director may further request of the court that the sentence include a provision prohibiting a person convicted of a violation of this chapter from engaging in the salvage of protected native plants or acting as agent for any other permittee for a period of up to one year. In considering any such request to revoke or deny permits or prohibit work in salvage or with another permittee the court shall consider:

The nature of the offense.
The nature of any prior convictions.
The overall performance record by the convicted party in terms of its violations of this chapter compared to its efforts to salvage native plants as intended by this chapter.

§ 3-933 Violation; civil penalty

A. The knowing violation of this chapter or a rule, order or ordinance issued or adopted under this chapter is punishable by a civil penalty in an amount of not more than five thousand dollars.

B. The director may bring an action in superior court in the county in which a violation of this chapter or any rule or order is alleged to have occurred. On the finding of a knowing violation by the defendant in any such action the court may impose the civil penalty provided by this section in an amount as it deems appropriate for each violation.

C. Each day of violation constitutes a separate offense.

D. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-934 Injunction; violation; civil penalty

A. The department's legal counsel, on request of a private party or the director, or the county attorney of the county in which a violation of this chapter or any rule or order issued or adopted under section 3-912 or 3-914 is alleged to have occurred may bring an action in the county requesting the court to enjoin or otherwise restrain the defendant from further violations of this chapter or the rule or order. If the alleged violation occurs through the actions of a state agency, the agency may be made a party defendant.

B. A person who violates an order or injunction issued by a court of competent jurisdiction pursuant to this section, in addition to any other penalty or remedy for contempt of court, shall forfeit and pay to this state a civil penalty of not more than ten thousand dollars for each violation as the court deems just and proper. For purposes of this section, the superior court in the county issuing any order or injunction retains jurisdiction. The attorney general or legal counsel for the department acting in the name of this state may petition for recovery of civil penalties pursuant to this section. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

Chapter 8 Arizona Coliseum and Exposition Center

Article 1 General Provisions

§ 3-1001 Arizona exposition and state fair board; members; appointment; terms; vacancy; removal; oath; bond; meetings; report

A. There shall be an Arizona exposition and state fair board consisting of five members appointed by the governor. Each member shall serve for a term of five years. No more than three of such members shall be of the same political party. No more than two of such members shall be from any one county. One of the members shall be knowledgeable and have not less than five years' experience in accounting, one member shall be knowledgeable and have not less than five years' experience in finance or business management and another member shall be knowledgeable and have not less than five years' experience in agriculture and another member shall be knowledgeable and have not less than five years' experience in the field of promotions or public relations. Appointment to fill a vacancy resulting otherwise than from expiration of term shall be for the unexpired term. A vacancy shall result when a member is absent from two consecutive regular meetings, except in the event of sickness of the member. A board member may be removed by the governor for cause.

B. Each member of the board shall take the oath of office.

C. The board shall hold no less than four regular meetings each year and special meetings as designated by the chairman. In May of each year the board shall elect a chairman and vice-chairman. The executive director shall designate an employee of the board to act as its recording secretary.

D. Within three weeks after the end of each calendar month the board shall prepare a report signed by the chairman which shall be transmitted to the governor and the joint legislative budget committee. The report shall contain full financial data for the preceding month, including funds received and disbursed, assets and liabilities, profit and loss, and a full and detailed account of its transactions. In addition, the report shall include a copy of the minutes of all regular and special meetings.

§ 3-1002 Compensation of members; personal interest in contracts prohibited; classification

A. Board members shall not receive compensation for their services.

B. No board member or employee shall, either directly or indirectly, have any financial interest in a contract made by the board.

C. A person violating any provisions of this section is guilty of a class 1 misdemeanor.

§ 3-1003 Arizona exposition and state fair board; powers and duties; compensation of employees

A. The Arizona exposition and state fair board shall:

Have exclusive custody and direction of all state fair property, construct and maintain necessary improvements in connection therewith, and assist in raising funds therefor.
Direct and conduct state fairs, exhibits, contests and entertainments for the purposes of promoting and advancing the pursuits and interests of the several counties and of the state, and of producing sufficient revenue to defray the expenses incurred by the board in conducting such events.
Charge entrance fees and gate money, and temporarily lease stalls, stands, booths and sites for the purpose of defraying the expenses incurred.
Give prizes or premiums for exhibits and contests which are presented or sponsored by the board in connection with the annual state fair.
Subject to title 41, chapter 4, article 4, employ an executive director, coliseum manager and comptroller.
Delegate to the executive director any of the administrative functions, powers or duties that the board believes the executive director can competently, efficiently and properly perform.
When necessary in connection with business of the board, appoint fair or ground marshals with the authority of peace officers.
Have the power to promote, co-promote or lease the state fairgrounds for such events, exhibitions, entertainments or other purposes it deems proper.
Have power to accept donations of money or other property from any source, and expend them in accordance with directions of the donor. Monies received pursuant to this paragraph shall not be placed in the general fund.
Adopt rules necessary to carry out the provisions of this chapter.
Prohibit the issuance of a free pass, ticket or box to any person for any activity at the Arizona coliseum and exposition center, except that this paragraph shall not apply to the state fair and any lessees of the Arizona coliseum and exposition center.

B. The board may exempt from subsection A, paragraphs 2 and 3 such educational, agricultural and mineral exhibits as in its opinion are in the best interest of the state and not contrary to any outstanding obligations the board might have incurred.

C. Compensation of all employees shall be as determined pursuant to section 38-611.

§ 3-1003.01 Qualifications of executive director, coliseum manager, and comptroller

A. The executive director shall be qualified by having at least five years' experience in, and a working knowledge of, coliseum or similar auditorium type operational management, including fair, agricultural and livestock exposition experience.

B. The coliseum manager shall be qualified by having at least four years' experience as manager or assistant manager of a coliseum or similar auditorium type of operation.

C. The comptroller shall be qualified preferably as a certified public accountant with at least five years' experience in general accounting including cost accounting and budgetary proceedings.

§ 3-1003.02 Duties of the executive director and comptroller

A. The executive director shall be:

The chief executive and administrative officer of the Arizona coliseum and exposition center, including the Arizona state fair.
Responsible for organizing and prescribing the duties of all positions and departmental units in the Arizona coliseum and exposition center, including the coliseum manager and comptroller. The executive director shall:

(a) With the advice and consent of the board, appoint either the coliseum manager or the comptroller as deputy director to perform the functions, powers and duties of the executive director if the executive director is unable to act.

(b) Subject to title 41, chapter 4, article 4 and, as applicable, article 5, appoint or remove in the manner prescribed by law such personnel considered necessary for the efficient work of the Arizona coliseum and exposition center.

Required to make and submit to the board monthly reports covering all activities of the Arizona coliseum and exposition center.

B. In addition to other duties assigned by the executive director, the comptroller shall:

Act as the fiscal agent with complete authority to process all cash receipts.
Assume responsibility for the maintenance of satisfactory internal accounting controls which are required for the preservation of assets.
Control all books, records or other data required for preparation of a complete financial statement of the activities of the Arizona coliseum and exposition center.
Maintain cost factors and accounting records which are sufficient in scope to clearly reflect all profits and losses.

§ 3-1004 Contracts with federal agencies

The board may apply to and contract with the United States or any department or agency thereof to obtain funds appropriated by the federal government. The contract shall not obligate the state to advance any funds other than from the Arizona coliseum and exposition center fund, and funds so obtained shall be expended only for improvement of the Arizona coliseum and exposition center and facilities.

§ 3-1005 Arizona exposition and state fair fund

A. Monies received by the board, other than those referred to in section 3-1003, subsection A, paragraph 9 and other than those received by the board as ticket sales pursuant to a valid lease of the coliseum, shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona exposition and state fair fund and are subject to legislative appropriation. Ticket sale monies received pursuant to a valid lease of the coliseum may be deposited with a bank qualified to receive public deposits under title 35, chapter 2, article 2.1, in which case the signature of the executive director or an employee designated by the executive director and the lessee shall be required on any instrument withdrawing such a deposit. Vouchers for authorized expenditures shall be signed by the executive director or by an employee who is designated by the executive director. The receipt and expenditure of funds shall be as prescribed by law and the rules of the director of the department of administration. Balances remaining in the fund at the end of a fiscal year shall not revert to the general fund.

B. On notice from the executive director, the state treasurer shall invest and divest monies in the Arizona exposition and state fair fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities, and monies earned from investment shall be credited to the Arizona exposition and state fair fund.

C. Disbursements from an account of ticket sales received pursuant to a valid lease of the coliseum as described in subsection A of this section shall be limited to payments of amounts due to the lessor or lessee pursuant to the lease. No disbursements from this account shall be made for state wages, salaries or expenses. On the completion or termination of any lease pursuant to subsection A of this section, all monies accruing to the board shall be deposited, pursuant to sections 35-146 and 35-147.

D. The exposition and state fair board permanent revolving fund is established for use in making change at fairs and for purchases and activities requiring immediate cash outlay for events sponsored by the Arizona exposition and state fair board that are proper as ultimate claims for payment from the exposition and state fair fund. The amount of the fund shall not exceed $60,000, except for a period beginning fifteen days before and ending fifteen days after the annual Arizona state fair each year when the amount of the fund shall not exceed $400,000 for use during the annual state fair. Expenditures from this fund and reimbursement to the fund shall be as prescribed by rules of the director of the department of administration. All monies deposited in the revolving fund are appropriated to the board for the purposes provided in this subsection and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The exposition and state fair board permanent revolving fund shall be established as a separate account on the books of the exposition and state fair board and a full accounting of its use shall be made to the director of the department of administration annually or as required by the director of the department of administration.

§ 3-1006 Change of name; body corporate

A. Except as may be otherwise provided by the terms of this chapter, all of the powers and duties of the Arizona state fair commission are vested in the Arizona exposition and state fair board. Whenever the name "state fair commission" or "commission", denoting the Arizona state fair commission, is used in any statute, appropriation or budget, it shall be held to include and mean the Arizona exposition and state fair board. The provisions of this chapter shall not annul or modify any lawful contract heretofore made and executed by the state fair commission, including resolution number 102, of the state fair commission, the bonds issued thereunder, and all of the terms and provisions of such resolution and bonds shall continue in full force and effect and are binding upon the Arizona exposition and state fair board.

B. The Arizona exposition and state fair board shall constitute a body corporate with the name of Arizona exposition and state fair board and by that name shall be known and shall have perpetual succession.

§ 3-1007 Additional powers

A. In addition to the powers which it may now have, the Arizona exposition and state fair board shall have power:

To acquire by purchase or gift and to hold and dispose of personal property, or rights or interest therein.
To construct all proper exhibition halls, auditoriums and coliseums, and to furnish and equip the same.
To borrow money and issue bonds payable solely from the net revenues derived from the operation of the Arizona coliseum and exposition center and all of the facilities thereof, after providing for all expenses of operation and maintenance, and to provide for the rights of the holders hereof. All such bond issues hereinafter approved by the board shall be subject to approval by the legislature.

B. All procurement pursuant to this section shall be made as prescribed in title 41, chapter 23 unless otherwise provided by law.

§ 3-1007.01 Naming of coliseum or auditorium in honor of war veterans

The state fair commission shall designate and name the auditorium or coliseum now under construction in honor and memory of all Arizona war veterans. There shall be in the auditorium a display of flags, trophies or war mementos.

§ 3-1008 Issuance of revenue bonds; provisions of bonds; sale

A. Bonds issued under this article shall be authorized by resolution of the Arizona exposition and state fair board and may be issued in one or more series and shall bear the date of their issuance, mature at such time or times during a period of not to exceed thirty years from date of issuance, be in such denomination or denominations and in the form, coupon, registered, or registered as to principal only, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, payable in the medium of payment, at the place or places and subject to the terms of redemption, with or without premium, as the resolution or the bonds so issued may provide. Notwithstanding any provisions of law to the contrary, bonds issued pursuant to this section are negotiable.

B. The bonds shall provide that:

No holder may compel the state or any subdivision thereof to exercise its appropriation or taxing power.
The bond does not constitute a debt of the state and is payable only from revenues from the operation of the Arizona coliseum and exposition center and its facilities.

C. The bonds may be sold at public or private sale, at not less than the par value thereof with all accrued interest to date of delivery. In the event such bonds are sold at public sale, the Arizona exposition and state fair board shall call for bids by publishing a notice inviting proposals for the purchase of the bonds at least once a week for two successive weeks prior to the date fixed for sale of the bonds, in a daily or weekly newspaper, published and of general circulation in Maricopa county, and designated for such purpose, which notice shall be in the form the board shall prescribe. Pending preparation of the definitive bonds, interim receipts or certificates may be issued to the purchaser of the bonds in the form and containing the provisions determined by the Arizona exposition and state fair board.

§ 3-1009 Power to secure bonds

The Arizona exposition and state fair board, in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon, shall have power by resolution:

To fix and maintain fees, rentals and other charges of stalls, pens, stables and rental of other buildings as may be on the fair grounds; provided, however, that no fee shall be charged for exhibits during the state fair of agricultural, dairy, horticultural, culinary, apiary and handwork products of exhibitors at the state fair, unless the same be for sale.
To provide that the bonds issued hereunder may be secured by a first, exclusive and closed lien on the income and revenues derived from, and shall be payable from, fees, rentals and other charges as set out in the preceding paragraph.
To covenant with or for the benefit of the holder or holders of bonds issued hereunder, that so long as any of the bonds remain outstanding and unpaid, the Arizona exposition and state fair board will prescribe service charges, fees and rentals, and will revise the same when necessary so that the project for which the bonds are issued shall always remain self-supporting, with revenues sufficient:

(a) To pay when due all bonds and interest thereon.

(b) To provide for all expenses of operation, maintenance, expansion and replacement of facilities.

§ 3-1010 Provision of bond resolution; covenants

A. A resolution pertaining to issuance of bonds under this article may contain covenants as to:

The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof.
The use and disposition of the revenues of the project for which the bonds are to be issued.
The issuance of other or additional bonds, payable from the revenue received from the operation of the coliseum and exposition center and its facilities.
The operation and maintenance of the coliseum and exposition center and its facilities.
The insurance to be carried thereon and the use and disposition of insurance monies.
Books of account and the inspection and audit thereof.
The terms and conditions upon which the holders of the bonds, or any proportion of them, or a trustee therefor, shall be entitled to the appointment of a receiver, who may enter and take possession of the coliseum and exposition center and its facilities, operate and maintain it, prescribe charges, fees and rentals and collect, receive and apply all revenues therefrom thereafter arising in the same manner as the Arizona exposition and state fair board itself might do, until such time as the terms and conditions of the bonds are satisfied, at which time the receiver shall return possession of the coliseum and exposition center and its facilities to the Arizona exposition and state fair board.

B. The provisions of this article and any such resolution shall be deemed a contract with the holders of the bonds, and the duties of the Arizona exposition and state fair board under this article and resolution shall be enforceable by mandamus or other appropriate action in a court of competent jurisdiction.

§ 3-1011 Validity of bonds

A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the Arizona exposition and state fair board.

B. The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the construction, acquisition, improvement, reconstruction or extension of the facilities of the coliseum and exposition center financed by the bonds or taken in connection therewith.

§ 3-1012 Prior lien of bonds

A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior and paramount lien on the revenues of the Arizona coliseum and exposition center and its facilities for which the bonds have been issued over and ahead of bonds of an issue payable from that revenue which may be subsequently authorized, and over and ahead of claims or other obligations of any nature against that revenue subsequently arising or subsequently incurred.

B. Bonds of the same issue issued under this article shall be equally and ratably secured, without priority by reason of number, date, sale, execution or delivery, by a lien on the revenue in accordance with the terms of the resolution authorizing the bonds.

Chapter 10 Cotton Research and Protection

Article 1 Cotton Research and Protection Council

§ 3-1081 Definition

In this article, unless the context otherwise requires, "council" means the cotton research and protection council.

§ 3-1082 Cotton research and protection council; membership; terms; vacancy; compensation

A. The cotton research and protection council is established and is composed of nine active cotton producers to be appointed by the governor. The members shall be appointed as follows:

Two each who are residents of:

(a) Maricopa county.

(b) Pinal county.

One each who is a resident of:

(a) Pima county.

(b) Cochise county.

B. The governor may consult with any recognized cotton producer organizations in this state in determining appointments to the council.

C. The term of office of council members is three years and expires on December 31 of the appropriate year, but a member may continue to serve until a successor is appointed and assumes office. A member is eligible for a second consecutive three-year term. A member who completes a second consecutive three-year term is ineligible for reappointment for at least one year. On the expiration of a term of a member or in the event of a vacancy, a successor shall be appointed by the governor.

D. If the office of any council member becomes vacant, the council shall notify the governor and the governor shall appoint a person to fill the remainder of the term. The office of any member shall be deemed vacant under any of the following circumstances:

The member is no longer an active cotton producer.
The member is unable to perform the duties of office.
The member has been absent from three consecutive council meetings if the absences have not been excused by the council.
The member has ceased to reside in the county or county area that the member was appointed to represent.

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

§ 3-1083 Council powers and duties

A. The council shall:

Receive and disburse monies to be used in administering this article.
Meet at least once each calendar quarter and more frequently on the call of the chairman or by five members of the council.
Annually elect a chairman from among its members.
Elect a secretary and treasurer from among its members.
Establish an executive committee consisting of the chairman, secretary and treasurer. An executive committee member may not serve in the same executive office for more than three years. The executive committee shall act in accordance with the direction received from the council or, if necessary, the executive committee shall act and bring the matter before the full council at the next regular meeting of the council for review and ratification.
Provide for a triennial audit of its accounts by a qualified public accounting firm and additional audits as the council may require and make an annual financial statement available to any producer and the auditor general on request.
Keep and maintain a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.
Prepare an annual report of its activities, receipts and expenditures. The report shall be submitted to the governor, other state officers as the council determines and other persons in the cotton industry in this state as may be appropriate. Copies of the annual report shall be available to any interested cotton producer and the general public on request.
Organize and administer any referendum called for under subsection C, paragraph 9 of this section.

B. The council may authorize or contract for any of the following programs:

Those research programs that are related to cotton production or its protection, including cotton seed breeding or other research programs to develop germplasm.
Programs of aflatoxin control and cotton pest eradication.
A program to rebate a portion of collected fees to cotton producers to provide an incentive to plow up cotton fields in a timely manner.
Any other programs that the council deems to be appropriate for furthering the purposes of this article.

C. The council may:

Adopt rules necessary to promptly and effectively administer this article.
Award grants of monies, property, services or other assistance to public or private recipients for the express purpose of furthering the objectives of this article, including research programs related to cotton protection and production authorized by the council.
Accept grants and donations of monies, property, services or other assistance from public or private sources for the express purpose of furthering the objectives of this article.
Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the fees authorized and to sue and be sued in the name of the council.
Buy and sell seed and other products used in the council's aflatoxin control program, extend credit in connection with the sale and distribution of treated seed and other products, collect and enforce debts or obligations with respect to extended credit and take a security interest in collateral of all kinds, including real and personal property to secure the credit.
Cooperate with any local, state and national organizations or agencies engaged in activities similar to or related to those of the council and enter into contracts with these organizations or agencies for carrying on joint programs.
Acquire and protect patents, licenses or certificates of protection for plant varieties resulting from seed breeding or other programs authorized by the council and grant licenses to use intellectual property rights held by the council.
Act jointly and in cooperation with this state or any other state or the federal government in the administration of any program deemed by the council as beneficial to the cotton industry of this state.
Refer to the cotton producers in this state for an advisory vote the question of establishing, continuing or discontinuing any program authorized by this article.
Expend monies for public relations programs that are organized to promote the cotton industry or agriculture in this state.
Purchase and sell motor vehicles for the administration of its own motor vehicle fleet and provide for its operation and maintenance.
Provide monies to the department as necessary for the abatement of a cotton nuisance under section 3-204, subsection G or section 3-205, subsection G or for the plow up of cotton fields pursuant to section 3-204.01 to be loaned by and repaid to the council pursuant to section 3-1085, subsection B.

§ 3-1084 Council staff; administrative services

A. The council may employ staff, including a staff director, at a rate of compensation determined by the council, to serve at the pleasure of the council and shall prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article.

B. All employees of the council are exempt from title 38, chapter 4, article 1 and title 41, chapter 4, articles 5 and 6 and are not under the jurisdiction of the department of administration.

C. The council may enter into interagency agreements with the department to provide necessary administrative services to the council, including secretarial and other services necessary for the council to carry out its activities.

§ 3-1085 Cotton research and protection council fund; use by director

A. The cotton research and protection council fund is established for the purpose of administering this article. The council shall administer the fund. The fund consists of penalties, fees and other income collected pursuant to this article.

B. The director may request the use of fund monies for the nuisance abatement of upland cotton fields as provided for under the abatement provisions of sections 3-204, subsection G and 3-205, subsection G and the plow up of cotton fields under section 3-204.01. Monies distributed pursuant to this subsection shall be repaid to the fund within one calendar year after their disbursement, but the council may extend the repayment period at its discretion and set the terms and conditions for repayment. The council may waive repayment of fund monies by the department.

C. The council may deposit monies from fees assessed pursuant to section 3-1086 in the fund.

D. The monies in the fund may be invested pursuant to section 35-313. Interest earned on these monies shall be credited to the fund.

§ 3-1086 Fees; collection; plow-up enforcement; budget; civil penalty

A. The council, on or before July 1 of each calendar year, shall assess a fee of not to exceed one dollar per bale of cotton produced in this state on land above twenty-seven hundred feet in elevation and not to exceed five dollars per bale of cotton produced in this state on land twenty-seven hundred feet in elevation or below. If the council finds that a program to control cotton pests or diseases is necessary on land above twenty-seven hundred feet in elevation, the council may raise the fee not to exceed three dollars per bale of cotton subject to the council adopting an annual budget for the program.

B. Cotton gins shall collect and remit the fee to the council according to procedures and on forms the council prescribes. A gin shall remit at least one-half of the annual fee as established by the council and not designated as a rebate for the plow up of cotton fields as provided in section 3-1087, subsection B on or before February 15 of each year with a report of actual bales ginned through January 31 of each year and an estimate of bales to be ginned by March 15. The remainder of the fee is due on or before March 15 of each year. The portion of the fee that is designated as a rebate for the plow up of cotton fields may be held by the gin, subject to certification by the council that a producer has complied with the plow-up program. On notification of certification to the gin, the fee designated for the plow-up program as a rebate shall be credited to the producer's account of the gin responsible for the remittance of the fee.

C. The council may grant extensions for the plow up of cotton fields for weather-related reasons only. The council shall establish, by rule, criteria and a process for granting extensions.

D. If a producer fails to comply with the requirement to plow up cotton fields on established dates as required by section 3-1087, subsection B and rules adopted under chapter 2, article 1 of this title, the producer forfeits the fee designated as a rebate under subsection B of this section and section 3-1087, subsection B and is also assessed a civil penalty of one hundred dollars for each acre not in compliance as certified by the council. The rebate must be remitted in full to the council by the gin responsible for the remittance of the rebate. The council shall notify the owner or person in charge of the amount of the civil penalty and the requirement that it must be paid to the council within three months. At the council's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection. All monies collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the cotton research and protection council fund established by section 3-1085. The council may adopt rules to implement this subsection. A producer may appeal to the council the forfeited rebate or the assessed penalty applicable to the noncompliant acres pursuant to title 41, chapter 6, article 10. The council may request, under section 3-204.01, that the department plow up cotton fields not in compliance with section 3-1087, subsection B and the rules adopted under chapter 2, article 1 of this title.

E. A cotton producer is responsible for payment of the fee unless the fee is withheld for payment to the council by a gin.

F. Before establishing the annual fee the council shall establish a budget. The budget is effective on approval of the council.

G. Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide sixty days' advance notice of the meeting at which the fee will be adopted and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.

§ 3-1086.01 Colored cotton fee

A. On or before July 1 of each year:

The department shall submit a proposed budget to the council for enforcing rules regarding colored cotton production.
The council may assess a fee of not more than three dollars per bale of colored cotton produced in this state to provide sufficient monies to enforce the rules for colored cotton production. Before establishing the annual fee, the council shall adopt a budget for colored cotton enforcement activities.

B. Cotton gins shall collect the fee and remit the monies to the council on or before April 1 of each year according to the procedures and on forms that the council prescribes.

C. A cotton producer is responsible for payment of the fee required by this section unless the fee is withheld for payment to the council by a gin.

D. Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide sixty days' advance notice of the meeting at which the fee will be adopted and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.

E. The council may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with the department to provide necessary enforcement services for colored cotton.

§ 3-1086.02 Pink bollworm eradication program; fee; registration; civil penalties

A. The council may organize and implement a pink bollworm eradication program. The council shall conduct a referendum among eligible cotton producers, as determined by the council, with the assistance of the department and appropriate federal agencies, on the question of establishing a program and fee. The ballot for the referendum shall present the question, "Shall a pink bollworm eradication program and fee of not more than thirty-two dollars per planted acre of cotton be established in this state?" with spaces in which the voter can indicate a vote for or against the proposal. The program may not be established unless either:

At least sixty-six per cent of those voting approve of the program.
Those voting to approve the program represent more than fifty per cent of the cotton acreage in this state, as determined by the council.

B. If approved, the council may choose to either implement a statewide eradication program or establish regional areas in this state for implementation of an eradication program.

C. The authority to assess and collect the pink bollworm eradication program fee under this section terminates four years after the date establishing the pink bollworm eradication program statewide or four years after the date implementing a pink bollworm eradication program in a region.

D. After a pink bollworm eradication program has been established under this section:

The council may assess a fee on or before July 1 each year of not more than thirty-two dollars per planted acre of cotton to control the pink bollworm. Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide thirty days' advance notice of the meeting at which the fee will be adopted and the proposed amount of the fee. The fee shall be based on a detailed expenditure plan for that year to control the pink bollworm in non-Bt fields. The council shall approve the expenditure plan before establishing the fee. The council shall provide a copy of the proposed annual expenditure plan to all producers who request a copy within ten days before the meeting at which the fee will be adopted. The council shall receive public testimony at the meeting regarding the fee.
The council shall waive the fee for each planted acre of Bt cotton.
Thirty days after the date established by rules adopted pursuant to chapter 2, article 1 of this title for abatement of the nuisance of cotton or cotton stubble, each producer shall register each acre of non-Bt cotton with the council on forms prescribed by the council and shall pay the fee in full to the council within sixty days of registration, unless the producer's lender guarantees payment or other arrangements are made to the council's satisfaction or under terms established by the council. The council, at its discretion, may permit late registration.
A producer shall not plant non-Bt cotton after the dates established in rules adopted pursuant to chapter 2, article 1 of this title without written permission of the council.
The council may impose a civil penalty against a producer of not more than two hundred dollars per acre for each planted acre of non-Bt cotton for failure to register or failure to pay the fee when due under this section.
The council shall rebate, under terms established by the council, any collected fees that are not spent for protection from pink bollworm in non-Bt cotton fields statewide or in a region in which the fees were collected.

§ 3-1087 Deposit of fees; rebates; use of monies on termination

A. Monies collected pursuant to sections 3-1086, 3-1086.01 and 3-1086.02 shall be deposited and held in trust in the council's accounts and disbursed as approved by the council for the purposes prescribed in this article.

B. The council may use monies collected under section 3-1086 as a rebate to cotton producers to facilitate a program to provide incentives for the timely plow up of cotton fields according to the dates established by rules adopted pursuant to chapter 2, article 1 of this title to maintain a host-free period. The council shall issue a rebate only on certification by the council that the cotton field has been plowed up. With the approval of the cotton producer, the rebate may be assigned to a lending institution.

C. If the council is terminated, any monies in the council's accounts shall be expended to meet existing legal obligations of the council. The council shall expend any remaining monies on any program consistent with this article.

D. The monies in the account may be invested pursuant to section 35-313. Interest earned on these monies shall be credited to the account.

§ 3-1088 Failure to pay fee; penalty; hearing; violation; classification

A. A producer required to pay fees pursuant to section 3-1086 who fails to pay the fee shall be assessed a penalty of ten per cent of the total fee. The producer may request a hearing before the council to dispute or determine the amount of a fee or penalty imposed.

B. The council shall hold a hearing if requested and no fee or penalty may be paid until the council, following the hearing, enters its order determining the amount of any fee or penalty. The producer shall pay the fee and the penalty assessed within ten days of notice of the council's decision.

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article is guilty of a class 2 misdemeanor.

§ 3-1090 Recommendation for termination of council; election

A. The council shall put to a vote of the cotton producers in this state the question of whether the council should recommend to the legislature that the council be terminated if either of the following occurs:

The council, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the cotton industry of this state to continue the council and its programs.
On receipt by the council of a petition calling for the election signed by ten per cent or more of the contributing cotton producers in this state in the previous year, which shall be signed not more than six months before its presentation to the council.

B. The ballot for an election called pursuant to subsection A shall be in such form as to record a yes or no answer to the question: "Shall the cotton research and protection council recommend to the legislature that the council and its programs be discontinued and terminated?" If a majority of those producers voting votes yes, the council shall recommend to the legislature that the council be terminated. If less than a majority of the producers voting votes yes, another election shall not be conducted for at least two years. The council shall pay the expenses necessary to carry out the election.

Chapter 11 Ownership, Control and Regulation of Livestock

Article 1 Animal Services Division

§ 3-1201 Definitions

In this chapter, unless the context otherwise requires:

"Aquaculture" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants.
"Associate director" means the associate director of the division.
"Division" means the animal services division of the Arizona department of agriculture.
"Equine" means horses, mules, burros and asses.
"Livestock" means cattle, equine, sheep, goats and swine, except feral pigs.
"Livestock officer" means an animal health and welfare officer, animal health and welfare inspector or investigator employed by the department.
"Poultry" means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs.
"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.
"Range livestock" means livestock 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.
"Ratite" means ostriches, emus, rheas and cassowaries.

§ 3-1202 Division council; members

A. The animal services division council, established pursuant to section 3-105, shall be composed of members who are qualified electors. No more than three members from any one county may serve on the council at any time. The members shall represent the following categories:

The range cattle growing industry.
The cattle feeding industry.
Producing dairies.
The meat packing industry.
The sheep and goat industries.
The swine producing industry.
The equine industry.
The aquaculture industry.
The egg or poultry industry.
The hay or feed industry.
The ratite industry.

B. All members of the council shall be actively engaged in the type of business they represent. If a member acquires his representation through his affiliation with a corporation, such member shall be actively engaged in a management position and his primary source of income shall be derived from the corporation. Members shall be appointed by the director pursuant to section 3-105.

§ 3-1203 General powers and duties; civil penalties

A. The director or the director's authorized representative shall exercise general supervision over the livestock interests of the state, protect the livestock industry from theft and the livestock and poultry industries from contagious and infectious diseases and protect the public from diseased and unwholesome meat products.

B. The director, with the advice of the state veterinarian, may make rules to control and govern:

Importation of animals and poultry into the state, establishment of quarantine and its boundaries, notice of quarantine and accomplishment of all things necessary to effect the object of the quarantine and to protect the livestock and poultry industries from and prevent the spread of contagious or infectious diseases.
Slaughter of animals and poultry affected by contagious or infectious diseases and disposition of carcasses of animals and poultry so slaughtered, when the action appears necessary to prevent the spread of contagion or infection among livestock and poultry.
Importation, manufacture, sale, distribution or use within the state of serums, vaccines and other biologics intended for diagnostic or therapeutic treatment of animals and poultry, and the importation, manufacture or use of virulent blood or living virus of diseases affecting animals and poultry.

C. The director may:

Enter into agreements with neighboring states, including agreements regarding the use of livestock officers or livestock inspectors or other agency resources for the purpose of enforcement of livestock laws within this state or within border areas of neighboring states.
Waive inspections, service charges or inspection fees under this chapter in cases the director deems advisable.
Direct employees or peace officers to execute the director's orders under this chapter.

D. The director may adopt by rule a mandatory self-inspection program for moving livestock from one location to another, and may provide for the private treaty sale of self-inspected livestock. The associate director shall monitor compliance with the requirements of the self-inspection program and shall periodically examine self-inspection records, including livestock inventory records that verify the origin, shipment or sale of livestock. For just cause the director may suspend or modify the self-inspection authorization of feedlots, dairies and producers. A person who knowingly violates the requirements of the self-inspection program shall be placed on administrative probation by the director for a period of one year. If a subsequent violation occurs during the period of probation, the person shall be brought before an administrative law judge and is subject to a civil penalty of two hundred dollars per violation, and the self-inspection authorization shall be revoked for a period of three years. The director may review any order of the administrative law judge and shall review each order involving subsequent violations during a period of probation pursuant to title 41, chapter 6, article 10. The period of a sanction imposed under this subsection begins on the date of determination of the violation at a hearing. Civil penalties imposed under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

E. The director may establish a central investigation group to investigate reports of crimes related to livestock and other violations of this title and rules adopted pursuant to this title. Livestock officers and other employees of the department shall report all cases of apparent crimes related to livestock to the associate director. The investigation group shall cooperate and coordinate its activities with appropriate federal, state and local law enforcement agencies in apprehending and prosecuting violators of livestock laws.

§ 3-1204 Powers and duties relating to the sheep and goat industries

A. The director or his authorized representative shall exercise general supervision over the sheep and goat industries of the state and shall do all things practicable to protect the industries from and to prevent disease among sheep and goats.

B. The director shall prepare and adopt necessary rules:

Governing the importation of sheep and goats into the state by carrier or trail to insure that the animals are free from infection.
For quarantine and dipping of sheep and goats infected with or which have been exposed to scab or scabies, or other infectious or contagious disease.
For the speedy and effective suppression and eradication of disease among sheep or goats.
To prevent spreading or contracting of infectious or contagious diseases among sheep and goats, including requirements for inspection of sheep or goats shipped or transported, or to be shipped or transported by common carrier, contract carrier, private carrier or in any other manner whatever, whether the shipping or transporting is in interstate or intrastate commerce, or both, and to require an owner, before moving sheep or goats in such manner, to furnish an inspection certificate in the form required by the director.

C. The director may establish as and declare to be an infected district any district wherein diseased or infected sheep or goats are found or have recently been grazed or driven. The director may order sheep or goats in the infected district or which are exposed to be moved, treated, disinfected or cured under quarantine regulations provided for by this title.

§ 3-1205 Control of animal diseases; violation; classification

A. When advised of the occurrence of a disease of animals or poultry which constitutes a threat to the livestock or poultry industries, the director may issue lawful orders and adopt rules he deems necessary.

B. The state veterinarian may enter any place where a suspected animal or poultry may be and take custody of the animal or poultry for the purpose of determining the presence of a contagious, infectious or communicable disease.

C. The director may direct the state veterinarian and agency employees to:

Establish quarantines and define their boundaries.
Destroy animals or poultry when necessary to prevent the spread of any infectious, contagious or communicable disease.
Appoint appraisers for the purpose of indemnifying owners of animals or poultry destroyed.
Control the movement of animals or poultry, animal or poultry products and agricultural products which may be directly related to dissemination of diseases affecting the livestock or poultry industries.

D. Any person who violates any lawful order or rule issued pursuant to the provisions of subsection A, or breaks any quarantine established by the state veterinarian for the prevention and control of disease among livestock or poultry, is guilty of a class 2 misdemeanor.

§ 3-1206 Suspension, revocation or termination of licenses and agreements; hearing

A. Any license issued by the division may be suspended or revoked for violation or noncompliance with:

Any provision of this title.
Any rule issued pursuant to this title.
Any condition of the license.

B. A license or agreement may be suspended, revoked or otherwise terminated or a civil penalty or other administrative sanction may be imposed only after an opportunity for a hearing conducted pursuant to, or as otherwise allowed by, title 41, chapter 6, article 10.

§ 3-1207 Cooperation with the United States; limitations

A. In addition to other powers and duties conferred by law, the director may cooperate with the animal and plant health inspection service of the United States department of agriculture, or other agency of the United States vested with similar powers and duties, in:

The control of contagious or infectious diseases of animals, and contagious or infectious diseases of poultry.
The national animal identification system.

B. Inspectors of the animal and plant health inspection service may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers.

C. Premises registration data, animal identification data and animal tracking data collected by the director from voluntary participants pursuant to the national animal identification system are not subject to disclosure pursuant to title 39.

D. The director may not submit to the federal government any premises registration data, animal identification data, animal tracking data, producer information or other information relating to animal identification unless the submission is either:

Required by state law.
Authorized by a voluntary participant in the national animal identification system.

§ 3-1208 Officers and inspectors; conditions of employment

A. An officer or inspector must have knowledge of animal husbandry and livestock laws.

B. Within twelve months after employment, a livestock officer must successfully complete the law enforcement training course prescribed by the Arizona peace officer standards and training board in order to achieve permanent state employee status. This subsection does not apply to animal health and welfare inspectors.

C. The director may authorize employment of livestock inspectors to inspect livestock on a full-time, part-time or seasonal basis. Livestock inspectors may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers except as specifically provided by law.

D. The director may assign personnel from the office of inspections to perform any of the inspections prescribed by this chapter under the direction of the associate director.

E. Livestock officers and inspectors shall take the oath of office on employment.

§ 3-1209 Counterfeiting

A. No brand manufacturer, printer, or other person, firm or corporation shall cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the department.

B. No person, firm, or corporation shall:

Forge any official device, mark or certificate.
Without authorization from the department use any official device, mark, or certificate or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate.
Contrary to the rules prescribed by the director, fail to use or detach, deface or destroy any official device, mark or certificate.
Knowingly possess, without promptly notifying the department or its representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any animal or part or product thereof bearing any counterfeit, simulated, forged or improperly altered official mark.
Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the director.
Knowingly represent that any article has been inspected and passed or exempted under this chapter when in fact it has not been so inspected and passed or exempted.

§ 3-1210 Disposition of monies

Monies collected under the provisions of this title relating to livestock, except those collected for acknowledgments, shall be paid to the department and deposited, pursuant to sections 35-146 and 35-147, in the state general fund, unless otherwise specifically provided.

§ 3-1211 State veterinarian; qualifications

A. The associate director, with the approval of the director and after consulting with the division council, shall employ a state veterinarian pursuant to title 41, chapter 4, article 4.

B. The person employed shall be a skilled veterinarian who is a graduate of a recognized school of veterinary medicine and licensed to practice veterinary medicine in this state.

§ 3-1212 Private practice prohibited

The state veterinarian shall devote his entire time to the duties of his office and shall not engage in private practice.

§ 3-1213 Acquisition and use of sodium pentobarbital or sodium pentobarbital derivative by county and local pounds

The state veterinarian, in consultation with the director, shall establish procedures for county, city and town animal pounds that do not have a licensed veterinarian on the staff to obtain and administer sodium pentobarbital or a derivative of sodium pentobarbital.

§ 3-1214 National animal identification system voluntary participation

The director, department or any other officer, agency or instrumentality of this state shall not mandate or force participation in the national animal identification system.

Article 2 Arizona Beef Council

§ 3-1231 Definitions

In this article, unless the context otherwise requires:

"Beef" includes veal.
"Beef products" includes veal products.
"Council" means the Arizona beef council.
"Fiscal year" means the fiscal year beginning July 1 and ending June 30.
"Person" means an individual, corporation, partnership, trust, association, cooperative association and any other business unit or organization.
"Producer" means a person who owns or acquires ownership of cattle.

§ 3-1232 Arizona beef council; appointment; term

A. There shall be an Arizona beef council, which shall be composed of nine producers to be appointed by the governor. The council shall consist of three producers of range cattle, three cattle feeders and three dairymen.

B. Three members shall be appointed for terms ending June 30, 1972, three for terms ending June 30, 1973, and three for terms ending June 30, 1974. Upon the expiration of the term of a member, a successor shall be appointed by the governor for a term of three years. If a vacancy occurs, the governor shall appoint a person for the unexpired term.

C. The governor shall declare the office of any member of the council vacant when he finds that:

The member is no longer a producer.
The member is unable to perform his duties.
The member has become a resident of another state.

D. Members of the council shall serve without compensation but shall be entitled to reimbursement for subsistence and travel as provided by law for other state officers.

§ 3-1233 Powers and duties of council

A. The council shall:

Receive and disburse funds under the provisions of this article to be used in administering the provisions of this article.
Annually elect a chairman from among its members. No chairman shall succeed himself more than once.
Elect a secretary-treasurer who may be from among its members.
Meet regularly every three months and at such other times as called by the chairman or when requested by five or more members of the council.
Keep a permanent record of its proceedings and prepare for the governor and the beef industry an annual report of its activities, receipts and expenditures.

B. The council may:

Conduct or contract for scientific research to discover and develop improved marketing methods for beef and beef products, including programs of consumer education and protection.
Disseminate reliable information, founded upon research; showing uses or probable uses of beef and beef products.
Study state and federal legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas and other matters concerning the beef industry.
Sue and be sued as a council, without individual liability, for acts of the council within the scope of the powers and duties conferred upon it by this article.
Enter into contracts to carry out the purpose of the council as provided in this article, including contracts for promotion of beef and beef products and development of new markets through such promotion.
Appoint advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the welfare of the beef industry.
Make grants to research agencies for financing special or emergency studies, or for purchase or acquisition of facilities necessary to carry out the purposes of the council.
Appoint subordinate officers and employees of the council and prescribe their duties and fix their compensation.
Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar to or related to those of the council, and enter into contracts with such organizations or agencies for carrying on joint programs.
Act jointly and in cooperation with the state or federal government, or both, or any agency thereof in the administration of any program of the government or of a governmental agency deemed by the council as beneficial to the beef industry of this state, and expend funds in connection therewith.
Adopt rules and regulations necessary to carry out the provisions of this article.
Adopt, rescind, modify or amend all proper regulations, orders and resolutions for the exercise of its powers and duties.

§ 3-1234 Acceptance of grants and gifts

The council may accept grants, donations, contributions or gifts from any source for expenditures for any purpose consistent with the powers and duties conferred on the council.

§ 3-1235 Payments to organizations

From the funds it receives, the council may pay or contribute to organizations such as, but not limited to, the national livestock and meat board, to carry out work and programs approved by the council.

§ 3-1236 Collection of additional amounts at time of brand inspection; disbursement

A. In addition to the brand inspection fee provided in section 3-1337, the department shall collect from producers an additional amount of not to exceed one dollar per head, as determined by the council, on cattle under the same authority and at the same time, place and manner as such brand inspections are made. This subsection shall not apply to cattle being inspected when no change in ownership is involved. This subsection applies to calves aged one month and younger only if the federal order implementing the national beef promotion and research act of 1985 establishes an assessment on these animals. If the federal order is not approved by referendum as provided for in 7 United States Code section 2906(a) or (b) on or before December 31, 1988, calves aged one month and younger are exempt from this subsection.

B. When depositing fees, pursuant to sections 35-146 and 35-147, the department shall make a separate and distinct accounting of monies collected under the provisions of subsection A of this section. The council may use five per cent of the monies collected under this article for administering this article.

§ 3-1237 Failure to pay; violation; classification

Any person who knowingly fails to pay or remit any monies due or collected, as provided in this article, is guilty of a class 2 misdemeanor. Failure to so remit on each inspection for which such monies are payable shall constitute a separate offense and shall not be affected by any refund either pending at the time of the offense or made at a later date.

§ 3-1238 Exemptions

The provisions of this article do not apply to:

A person whose only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee or other service fee.
A person to whom all of the following apply:

(a) The person acquired ownership of cattle to facilitate the transfer of ownership of the cattle from the seller to a third party.

(b) The person resold the cattle no later than ten days from the date on which he acquired ownership.

(c) The person certified to the council, in the manner prescribed by the council, that the requirements of this paragraph are satisfied.

§ 3-1239 Termination of council

A. The council may be terminated as provided in this section. A referendum among the state's producers shall be conducted by the council:

If the council determines that it is no longer in the best interest of the beef industry of the state to continue the existence of the council and its programs; or
Upon the receipt by the council of a petition for such a referendum signed by five hundred or more of the state's contributing producers, which shall be signed not more than six months prior to its presentation to the council.

B. In either such event the council shall conduct a referendum among the contributing producers of the state. The ballot shall be in such form as to record a yes or no answer to the question: "Shall the existence of the Arizona beef council and its programs, as authorized by title 3, chapter 11, article 2, Arizona Revised Statutes, be discontinued and terminated?" If the council finds that of those producers who voted fifty-one per cent or more voted in favor of discontinuing and terminating the council and its programs, the council shall make a finding to that effect. It shall declare the existence of the council discontinued and terminated at the end of the fiscal year in which the referendum is held. If less than fifty-one per cent of the producers who voted in the referendum election favor termination of the council, no further referendum shall be conducted for at least two years. The council shall pay the expenses necessary to carry out the referendum.

C. If the council is to be terminated, the council shall pay all debts incurred by it. Any unexpended and unencumbered funds remaining in the account of the council shall be paid into the state general fund and credited to the department in the same manner as brand inspection fees.

Article 3 Brands and Marks

§ 3-1261 Adoption and recording of brand and earmark; brand as property right; sale or transfer

A. Every person owning range livestock in this state shall adopt and record a brand with the division with which to brand such livestock. Branding shall be performed by a hot iron, freezing, acid or any other method that will result in a permanent mark. Any person owning range livestock may also record an earmark with which to mark such livestock as long as the earmark is not recorded for use by neighboring range livestock owners. Sheep shall be marked distinctly with a mark or device sufficient to distinguish them. Every owner of other animals may adopt a brand or earmark with which to brand or earmark such animals.

B. No two brands of the same design or figure shall be adopted or recorded, but the associate director, in the associate director's discretion, may reject and refuse to record a brand or mark similar to or conflicting with a previously adopted and recorded brand or mark. A brand of the same design or figure that was issued without protest on or before August 2, 2017 may be rerecorded.

C. Before a new brand is recorded, it shall be advertised in some newspaper, journal or bulletin, published in the state, at least once, and if no objection to the brand is filed in writing, it shall be recorded as provided in this article.

D. The brand adopted and recorded is the property of the person adopting and recording it, and the right to use it may be sold, leased or transferred.

E. A sale or transfer of the brand is not valid except by a bill of sale that is duly signed and acknowledged as deeds for conveyance of real estate are acknowledged and that is recorded with the division.

F. The owner of the recorded brand shall sign the lease of the brand and file a copy of the lease with the division.

G. It is unlawful to apply a recorded brand in any location on an animal except as specified on the brand registration certificate. The application of a brand in any other location is the equivalent of the use of an unrecorded brand.

H. The division shall make recorded brands available to feedlots that are licensed in this state to identify livestock while in the feedlot for feeding purposes. The division shall issue the brand on request by the feedlot without charge, in a timely manner and with a minimum of administrative requirements. Brands issued under this subsection are not registered brands and are not prima facie evidence of ownership outside the feedlot.

§ 3-1262 Recording brand and earmark; lease of brand for transient livestock

A. The division shall record all brands and earmarks adopted as provided in this article. Recording shall consist of depicting a facsimile of the brand adopted, and a diagram of the earmarks, together with an entry of the name, residence, telephone number and post office address of the person adopting the brand and earmarks, the date recorded, the place upon the livestock or other animals where the brand is proposed to be used, the kind of animals upon which the brand and earmark are proposed to be used, and a general designation and statement of the location of the range whereon such animals are permitted to range. Before the record is made, proof shall be submitted to the division that the applicant is entitled to use the brand or earmark. The applicant shall also make an affidavit that he does not know of and is not interested in any similar brand or earmark being run or used by another in adjoining states or the Republic of Mexico.

B. The division may lease to any applicant for a period of not to exceed one year any available brand for use on transient livestock. Brands leased for this purpose shall be placed only on the shoulder of the animal.

C. The division shall not issue any new face or jaw brands for cattle beginning from and after September 30, 1988, but may rerecord face or jaw brands issued on or before that date.

§ 3-1263 Systems for recording or rerecording

The division may record and rerecord brands and earmarks in a brand book or a filing system. Recording or rerecording by either method is compliance with the requirements of this article.

§ 3-1264 Schedule for rerecording brands and earmarks

A. Beginning from and after December 31, 1985 each owner of a brand or earmark who desires to continue to use it shall apply to the division to rerecord the brand or earmark on the prescribed date and every five years thereafter according to the following schedule:

Calendar Year for Initial Recording

Brand and Earmark Numbers After December 31, 1985

1 through 1,500 1991

1,501 through 3,000 1992

3,001 through 4,500 1993

4,501 through 6,000 1994

6,001 through 7,500 1995

7,501 through 9,000 1986

9,001 through 10,500 1987

10,501 through 12,000 1988

12,001 through 13,500 1989

13,501 and above 1990

B. All new brands awarded and recorded after December 31, 1985 shall be rerecorded every five years following the month and year of the first recording.

C. The division shall notify every owner of a recorded brand or earmark of his right to rerecord the brand or earmark. The notice shall be in writing and addressed and mailed to such owner at the last address of record in the division office at least thirty days before the rerecording date.

D. Rerecording the brand or earmark shall be done in the same manner as original recording, but brands and earmarks offered for rerecording need not be advertised as required for original recording.

§ 3-1265 Failure to rerecord as abandonment

All recorded brands or earmarks for which no application to rerecord has been made within three years following the due date for rerecording shall be deemed abandoned and no longer of record.

§ 3-1266 Fees for recording, rerecording and leasing

The fee for recording a brand and earmark shall be seventy-five dollars and shall entitle the owner to a certified copy of the record. For recording a bill of sale or other instrument of conveyance of a brand and mark, the fee shall be twenty-five dollars. For issuance of an additional certified copy of a brand or bill of sale of a brand, the fee shall be ten dollars. The fee for rerecording a brand and earmark shall be fifty dollars. The fee for leasing a brand from the division for a period of not to exceed one year for use on transient livestock shall be two hundred dollars.

§ 3-1267 Certified copy of brand entries as evidence; brand on animals as evidence of ownership

A. A certified copy of an entry in a brand book or filing system relating to a recorded brand or mark shall be received in the courts of this state as prima facie evidence of all the facts required to be entered in a brand book or filing system, and of the right of the person therein named to use such brand and mark for branding or marking animals.

B. The appearance upon an animal of the recorded brand of the owner as shown by the record shall be received in the courts of this state as prima facie evidence that the animal bearing the brand is the property of the owner of the recorded brand, except when such brand is borne by an animal seized under the provisions of this title.

§ 3-1268 Issuance of brand books; charge and expenses

A. The division may issue, when it deems advisable, books and supplements containing transcripts of part or all of its records of brands and earmarks, arranged and indexed suitably for use in identifying brands or earmarks on livestock, sheep or hides.

B. Copies of such books shall be available to anyone at a charge fixed by the director commensurate with the cost of compilation, publication and issuance. Copies of brand books or supplements may be furnished without charge to public officials or other persons whose possession would, in the opinion of the director, serve to promote the general welfare.

C. Expenses incurred pursuant to this section shall be paid from any operation fund of the division. Monies derived from the sale of brand books or supplements shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-1269 Use of unrecorded brand prohibited; violation; classification; exception

A. A person who knowingly brands livestock with an unrecorded, cancelled, suspended or forfeited brand is guilty of a class 3 misdemeanor.

B. This section does not apply to persons that brand livestock with year, birth, numeric herd or alphabetic herd brands.

Article 4 Dominion Over Animals

§ 3-1291 Bill of sale required in transfer of livestock

Upon the sale or transfer of livestock, except dairy calves under thirty days of age, delivery of the animals shall be accompanied by a written and acknowledged bill of sale from the vendor to the purchaser.

§ 3-1292 Sale of livestock without lawful brand, bill of sale or power of attorney; classification; defenses

A person who knowingly sells or offers for sale or trade livestock without the person’s recorded brand, or for which the person has neither a bill of sale, as provided by section 3-1291, nor power of attorney from the owner authorizing the sale, is guilty of a class 5 felony, unless the person proves that at that time the person was the owner, acted by direction of the owner or acted in good faith.

§ 3-1293 Procedure for owner to authorize another person to deal with animals; violation

A. A person who desires to authorize another person to gather, drive or otherwise handle animals bearing the recorded brand or mark owned by the person granting the authority, or animals of which he is the lawful owner but which bear other brands or marks, shall furnish the other person an authority in writing which lists the brands or marks authorized to be handled, and authorizes the other person to gather, drive or otherwise handle the animals described.

B. If a person who gives written authority for the purposes provided in subsection A inserts therein any brand or mark of which he is not the lawful owner and an animal bearing such brand or mark is unlawfully taken, gathered, driven or otherwise unlawfully handled by virtue of the written authority by the person to whom the written authority was given the person giving the written authority shall be deemed a principal to the unlawful taking, gathering, driving or handling of such animals.

§ 3-1294 Improperly maintaining a stallion or jack; classification; seizure and sale; expenses for care

A. A person who maintains a stallion or jack with reckless disregard for the safety or health of other persons or property or livestock of another is guilty of a class 2 misdemeanor.

B. In addition, the appropriate court, on affidavit by the livestock officer, may issue an order to seize and impound the stallion or jack until remedial action has been taken by the owner, agent or person in charge of the stallion or jack. If no remedial action has been taken after twenty days, the livestock officer shall sell the stallion or jack to the highest bidder for cash at public auction. Immediately after the sale is made, or after release to the owner who pays the hauling charges and expenses of feeding and caring for the livestock, the livestock officer shall remit the proceeds to the agency together with an itemized statement of the expense of the seizure and sale, which shall be paid as other claims. The amount received by the agency shall be deposited in the livestock custody trust fund established by section 3-1377 and retained until final determination by the court of all actions arising from the seizure of the stallion or jack.

§ 3-1295 Lien for feed, pasturage and other services

A. A person who furnishes pasture, feed or other services for livestock on the premises of that person has a lien on the stock for the amount of the charges that are due and unpaid. A person having such lien may retain the stock until the charges are paid. If possession continues for twenty days after the charges accrue, and the charges have not been paid, the person retaining possession of the stock may perfect the amount of the lien by filing an action in either superior court or justice court, according to the amount in controversy, in the jurisdiction of the holder of the stock. The hearing shall be held not less than ten and not more than twenty days after the date the action is filed in court. If the prevailing party does not receive payment due within ten days after the final judgment of the court, the prevailing party becomes the owner of the stock. The court shall award the prevailing party court costs and reasonable attorney's fees.

B. On presenting a judgment of the court in the appropriate jurisdiction awarding ownership to the holder of the stock in satisfaction of the lien, the department shall issue to the holder of the stock such ownership and hauling certificates, certificates of inspection or other papers ordinarily required on the transfer of ownership of livestock.

§ 3-1296 Ranging of unbranded range livestock prohibited; classification

An owner who knowingly permits range livestock, except unweaned animals running with their mothers, to roam and feed upon the ranges of this state without being branded and marked as provided by law, is guilty of a class 2 misdemeanor.

§ 3-1297 Concealment of livestock killed or injured by railroad or motor vehicle; classification

A person who buries, removes or in any manner conceals livestock killed or injured by locomotives or cars of a railroad company or by a motor vehicle, with intent to conceal the cause of the death or injury, is guilty of a class 3 misdemeanor.

§ 3-1298 Herding sheep or goats on land or water of another without consent; classification

A. A person owning or having charge of sheep or goats who knowingly herds or permits them to be herded on lands lawfully owned or possessed by another without the express consent of the other person, or recklessly allows the sheep or goats to camp at any water developed and owned or leased by another without the express consent of the owner or lessee of the water, is guilty of a class 2 misdemeanor.

B. The term "lawfully owned or possessed" applies to all land owned in fee or held under lease, contract of purchase, pre-emption, homestead or other law of the United States or the state.

C. The instrument evidencing the possessory right to lands held other than by virtue of the laws of the United States or of the state shall be recorded in the office of the county recorder of the county in which the land is located before complaint may be made.

§ 3-1299 Herding, grazing or pasturing sheep or goats on cattle range; classification; priority of right to use of range; exceptions

A. A person owning or having charge of sheep or goats who knowingly herds, grazes or pastures them or recklessly permits them to be herded, grazed or pastured on a cattle range previously occupied by cattle or upon a range usually occupied by cattle either as a spring, summer or winter range, is guilty of a class 2 misdemeanor and each day of violation of this section constitutes a separate offense.

B. The priority of right between cattle and sheep owners to a range is determined by priority in the usual and customary use of the range, either as a cattle or sheep range.

C. Nothing in this section shall be construed to prohibit herding or grazing sheep over or upon a mixed range. A person who purchases an entire cattle range or lands or right to possession or use thereof, theretofore used as a cattle range or cattle grazing ground, or the grantees or assigns of any such person may thereafter use the range or ground as lambing or grazing grounds for sheep, subject to the provisions of this section.

§ 3-1300 Overstocking land; classification; definition

A. A person who overstocks with livestock a tract or parcel of land or range which he owns or has the lawful right to use, with the intent that such livestock leave the land and graze or feed upon the land of another person, and the livestock do leave such land and graze or feed upon the land or range of another person to the injury of such other person, is guilty of a class 2 misdemeanor. In addition thereto, such person is liable to the injured person in damages as for wilful trespass.

B. For the purposes of this section "overstock" means to release on a tract or parcel of land a greater number of livestock than the grass or other forage normally produced thereon under average conditions will reasonably sustain.

C. Overstocking is prima facie evidence of the intent that such livestock leave the land on which so placed and graze or feed upon land of another person.

§ 3-1301 Gathering cattle for tournament or contest without consent of owner; classification

A person who knowingly gathers range cattle for the purpose of a tournament or contest for amusement or reward, or competition for prizes, or who engages in a steer-tying contest or exhibition of steer-tying, or who casts, ropes or throws a horse, cow or other kind of animal without the written consent of the owner, except in the necessary work done on the range or elsewhere in handling such animals, is guilty of a class 2 misdemeanor.

§ 3-1302 Taking animal without consent of owner; classification

A person who knowingly takes from a range, ranch, farm, corral, yard or stable any livestock and uses it without the consent of the owner or the person having the animal lawfully in charge is guilty of a class 2 misdemeanor.

§ 3-1303 Driving livestock from range without consent of owner; classification

When livestock of a resident of the state is intentionally driven off its range by any person, without consent of the owner, the person is guilty of a class 5 felony.

§ 3-1304 Branding or altering brand of animal of another; classification

A person who brands or marks an animal with a brand other than the recorded brand of the owner, or who effaces, defaces, alters or obliterates any brand or mark upon any animal, with intent to convert the animal to his own use, is guilty of a class 4 felony and is liable to the owner of the animal for three times the value thereof.

§ 3-1305 Obliterating or changing brand or mark; classification

A person who intentionally obliterates, disfigures, extends or changes a recorded brand, or by other and additional marks, figures or characters converts a recorded brand into some other brand, is guilty of a class 4 felony.

§ 3-1306 Prima facie guilt of owner of brand to which another brand is altered

When it is proved that a recorded brand has been converted or changed into another brand claimed or owned by any person, it shall be prima facie evidence in the courts and before the department and boards or commissions of this state that the claimant or owner of the latter brand obliterated, disfigured and changed the prior recorded brand.

§ 3-1307 Unlawfully killing, selling or purchasing livestock of another; classification; civil penalty; exception

A. A person who knowingly kills or sells livestock of another, the ownership of which is known or unknown, or who knowingly purchases livestock of another, the ownership of which is known or unknown, from a person not having the lawful right to sell or dispose of such animals, is guilty of a class 5 felony.

B. A person who knowingly attempts to take or does take all or any part of a carcass of any such animal, pursuant to subsection A, for such person's own use, the use of others or for sale is guilty of a class 5 felony.

C. In addition to any other penalty imposed by this section, a person depriving the owner of the use of his animal or animals under subsection A or B of this section shall be liable to the owner for damages equal to three times the value of such animal or animals.

D. This section shall not apply to taking up animals under the estray laws.

§ 3-1308 Evidence of illegal possession of livestock

Upon trial of a person charged with unlawful possession, handling, driving or killing of livestock, the possession under claim of ownership without a written and acknowledged bill of sale, as provided by section 3-1291, is prima facie evidence against the accused that the possession is illegal.

§ 3-1309 Proof of branding with brand of accused as tending to show conversion by accused

Upon a trial for a violation of the livestock laws of the state, the prosecution may prove, as tending to show a conversion by the accused, that the animals in question were branded into a brand or were marked into a mark claimed by the accused to be his brand or mark, although neither the brand nor the mark is recorded.

§ 3-1310 Abandonment of animal at boarding facility or veterinarian facility

When a small animal left at a boarding facility or any animal left at a veterinarian facility has not been reclaimed within the period of time previously agreed upon at the time of delivery of the animal to the boarding facility or veterinarian, the boarding facility or veterinarian may give written notice by certified mail to the last known address of the owner, possessor or custodian of the animal, and if the animal is not reclaimed within thirty days from the date of the mailing of the notice, the animal shall become the property of the boarding facility or veterinarian to dispose of as the boarding facility or veterinarian sees fit.

§ 3-1311 Dogs killing or chasing livestock; liability of owner; classification

A. If any person discovers a dog killing, wounding or chasing livestock, or discovers a dog under circumstances which show conclusively that it has recently killed or chased livestock, he may pursue and kill the dog.

B. The owner of a dog is liable for damages caused by the dog chasing livestock. In the case of a dog killing or wounding livestock, the owner of the dog is liable for damages to the owner of the livestock equal to three times the value of the livestock killed or wounded.

C. An owner of a dog who intentionally or recklessly allows or causes the dog to:

Wound or kill livestock owned by another person is guilty of a class 1 misdemeanor.
Chase livestock owned by another person, causing injury to the livestock, is guilty of a class 3 misdemeanor.

§ 3-1312 Transporting equine in a cruel manner; violation; classification; definitions

A. A person shall not transport or cause or allow to be transported to a slaughtering establishment any equine in or on any vehicle with more than one level or tier.

B. The animal cargo space of vehicles used for the transportation of equines to slaughtering establishments must:

Be designed, constructed and maintained in a manner that at all times protects the health and well-being of any equine being transported.
Segregate any aggressive equine from the other equines in or on the vehicle.
Have sufficient interior height to allow each equine to stand with its head extended to the fullest normal postural height.
Be equipped with doors and ramps of sufficient size to provide for safe loading and unloading of any equine.

C. Before the transportation of any equine to a slaughtering establishment, the owner or shipper must:

For a period of not less than six consecutive hours immediately before any equine is loaded on the vehicle, provide each equine appropriate food, potable water and the opportunity to rest.
Load each equine on the vehicle so that:

(a) Each equine has enough floor space to ensure that no equine is crowded in a way likely to cause injury or discomfort.

(b) Any aggressive equine cannot come into contact with any other equine in or on the vehicle.

D. During transit to the slaughtering establishment, the owner or shipper must:

Drive in a manner to avoid causing injury to the equines.
Observe the equines as frequently as circumstances allow, but not less than once every six hours, to check the physical condition of the equines and ensure that all requirements of this section are being followed. The owner or shipper must obtain veterinary assistance as soon as practical for any equine in obvious physical distress. Any equine that becomes nonambulatory during transit must be euthanized as soon as practical.
Offload from the vehicle any equine that has been in or on the vehicle for twenty-eight consecutive hours and provide the equine appropriate food, potable water and the opportunity to rest for at least five consecutive hours.
Transport all equines to a slaughtering establishment as expeditiously and carefully as possible in a manner that does not cause unnecessary discomfort, stress, physical harm or trauma. Electric prods shall not be used on equines for any purpose while transporting the equines to a slaughtering establishment, including while loading or unloading the vehicle, except when human safety is threatened.

E. Transporting one equine in violation of this section is a class 3 misdemeanor. A subsequent violation under this subsection is a class 2 misdemeanor.

F. Transporting two or more equine in violation of this section is a class 2 misdemeanor. A subsequent violation under this subsection is a class 1 misdemeanor.

G. For the purposes of this section:

"Slaughtering establishment" has the same meaning prescribed in section 3-2001.
"Vehicle" has the same meaning prescribed in section 28-101.

Article 5 Livestock Inspection

§ 3-1331 Inspection required; powers and duties of livestock officers

A. Livestock officers and inspectors may authenticate bills of sale of livestock, brands and marks, deliver certificates of acknowledgment thereof under their hands and seals and take acknowledgments to applications for brands and marks. A fee of more than twenty-five cents shall not be asked or received for taking an acknowledgment.

B. Livestock officers and inspectors shall not grant a certificate of inspection of unbranded hides of livestock or of hides or livestock upon which the marks and brands cannot be ascertained or which disclose ownership by some person other than the one seeking the certificate of inspection.

C. A livestock officer or livestock inspector may stop any person who is in possession of and is conveying, shipping or transporting livestock or hides of livestock to examine brands, marks, certificates of brand inspection and bills of lading or bills of sale relating to the livestock in transit if the officer or inspector has probable cause or reasonable suspicion to believe that the person has violated any provision of this title or title 13 relating to livestock.

D. Livestock officers and livestock inspectors may enter any premises where livestock are kept or maintained to examine brands or marks or other evidence of ownership or to determine the health or welfare of livestock. If admittance is refused and probable cause exists, the livestock officer may immediately request an administrative inspection warrant from the nearest court of competent jurisdiction to allow such entry.

E. Livestock officers are peace officers, certified by the Arizona peace officer standards and training board, and shall pursue and arrest on probable cause any person who violates any provision of this title or title 13 relating to livestock.

§ 3-1332 Method, place and time of inspecting livestock

A. Livestock officers and inspectors shall inspect livestock, other than equine and livestock subject to authorized self-inspection, for health, marks and brands at loading stations, at places of exit from the state and at places where livestock are gathered to be sold, slaughtered, transported, conveyed, shipped or driven from their range for any purpose whatever except when livestock are being moved from pasture to a destination in this state and no change of ownership, slaughter or other disposition is involved and the owner is utilizing self-inspection approved by the division under section 3-1203. Livestock officers and inspectors need not inspect outgoing livestock from feed lots, dairies and producers utilizing self-inspection pursuant to section 3-1203 but may conduct periodic inspections to ascertain compliance with this article.

B. Feed lots, dairies and producers utilizing self-inspection approved by the division under section 3-1203 shall comply with the applicable provisions of this section and procedures established by the division.

C. Brand inspections shall be made by daylight and in a manner that enables the livestock officer or inspector personally to see, inspect and record each and every mark and brand. Inspections of livestock for health at a slaughterhouse may be made by other than daylight if adequate artificial light is provided.

D. Upon being advised that livestock is subject to inspection, livestock officers and inspectors shall arrange for the inspection of the livestock and inspect such livestock within forty-eight hours.

E. The animal services division, the plant services division and the office of inspections shall cooperate to provide livestock inspections at border inspection stations or department offices and to train appropriate personnel to perform these inspections. Employees of the plant services division acting under this subsection do not have enforcement powers otherwise granted to livestock officers. In the case of an apparent discrepancy, disease or other problem a livestock officer or inspector employed by the animal services division shall be called on to make a final inspection and determination. The associate director of the animal services division shall assign at least one livestock officer or inspector to be on call from each office operated by the plant services division under this subsection.

§ 3-1333 Record of inspection

A. Livestock officers and inspectors shall make a record of all inspections, disclosing the place and date of the inspection, its purpose, the kind, sex and description necessary to identify the livestock, the number of head running in every brand and mark, the name of the seller if the livestock is to be sold, the name of the shipper if the livestock is to be shipped, and other necessary information.

B. Feed lots, dairies and producers utilizing self-inspection approved by the division pursuant to section 3-1203 shall comply with this section and procedures established by the division.

§ 3-1334 Inspection as to ownership of livestock

A. Livestock officers and inspectors, in making inspections, shall require from livestock auctions or the owner or person in charge of the livestock a list of the brands and marks or necessary evidence of ownership and shall determine by inspection of the livestock that the person in charge is the owner or an approved livestock auction or is authorized in writing to handle the livestock.

B. Feedlots, dairies and producers utilizing self-inspection approved by the division pursuant to section 3-1203 shall comply with this section and procedures established by the division.

§ 3-1335 Certificate of inspection; delivery

A. Upon completion of an inspection, the livestock officer or inspector shall deliver to the person in charge of the livestock a certificate on a form provided by the department disclosing the date of inspection, the purpose for which inspected, the number, sex and kind of livestock inspected, their brands and the fee collected. The certificate of inspection shall have clearly imprinted on its face the legend: "This certificate of inspection is not and shall not be used as a bill of sale."

B. Feed lots, dairies and producers utilizing self-inspection approved by the division pursuant to section 3-1203 shall comply with this section and procedures established by the division.

§ 3-1336 Inspection of livestock to be slaughtered, sold or transported; fee; violation; classification

A. Except as otherwise provided in this section, livestock, other than equines, swine and livestock inspected by movers of livestock or at feedlots or dairies pursuant to section 3-1337, shall not be slaughtered, sold, purchased, driven, transported, shipped or conveyed unless the animals have been inspected by a livestock officer or inspector for health, brands and marks before they are slaughtered, sold, purchased, driven, transported, shipped or conveyed and the inspection fee has been paid.

B. The owner or agent of the owner of the livestock to be slaughtered, sold, driven, transported, shipped or conveyed as provided in subsection A of this section shall notify the nearest livestock officer or inspector of that intention.

C. Equines consigned to either licensed Arizona livestock auctions or other special auctions approved by the department from out of state or from Indian reservations in this state or from other state or federal agencies without prior inspection shall be inspected on delivery at an auction.

D. All livestock other than equines sold at auctions shall be inspected out on an inspection certificate or auction invoice validated by the department.

E. The owner or producer of livestock excluding equines may slaughter or transport to another person to slaughter that livestock without having the animal inspected and without paying the inspection fee or service charge if the meat of the slaughtered livestock is solely for home consumption by the owner and if the owner contacts a livestock officer or inspector within a forty-eight-hour period before the slaughter and is able to establish proof of ownership either by a prior inspection certificate or by a recorded brand on the animal or proof that the animal was raised by said owner, and the hide is inspected as provided for in section 3-2011. If proof of ownership cannot be established to the satisfaction of the livestock officer or inspector, the livestock officer or inspector may require an inspection before the slaughter.

F. The associate director may waive an inspection for brands and marks before the slaughter of an animal if a federal or state meat inspector on the premises certifies on a form provided by the department that, as determined by an antemortem inspection, the animal is in a distressed condition and for humane reasons should be slaughtered immediately if it is otherwise fit for slaughter and if the hide, carcass and certification are segregated and held pending inspection for brands and marks. The associate director may waive inspections under this subsection only for individual animals, and a separate certification shall be made for each animal.

G. Livestock officers or inspectors shall not inspect livestock for health before they are slaughtered at an establishment that is subject to federal meat inspections as provided under chapter 13 of this title.

H. A person violating any provision of this section is guilty of a class 3 misdemeanor.

I. If a federal governmental entity seizes any privately owned animals subject to brand inspection pursuant to this chapter, the department or its authorized inspector shall not issue brand inspection certificates or permits to remove the animals or for the transfer of ownership of the animals by sale or otherwise unless one of the following occurs:

The department receives consent from the owner.
The owner is unknown.
Before the seizure, the federal governmental entity obtains approval for the seizure from a court of competent jurisdiction and submits a copy of the order approving the seizure to the department or its authorized inspector.

J. This section does not apply to:

A feral animal.
Wild free-roaming horses and burros, as defined in 16 United States Code section 1332.
A stray animal.
An animal that is seized by a governmental entity to protect the health and safety of the public or to prevent cruelty to the animal.

§ 3-1337 Service charge and inspection fee; self-inspection

A. Livestock officers and inspectors shall collect from the person in charge of cattle inspected a service charge of three dollars plus an inspection fee of twenty-five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of cattle.

B. Livestock officers and inspectors shall collect from the person in charge of sheep inspected a service charge of three dollars plus an inspection fee of five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of sheep.

C. Livestock officers and inspectors shall collect from the person in charge of dairy cattle inspected a service charge of three dollars plus an inspection fee of twenty-five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of dairy cattle.

D. The division may approve self-inspection by movers of livestock and feedlots and dairies pursuant to section 3-1203, subsection D. Movement shall be documented on simple and concise self-inspection forms that are provided by the department and that include only the following information:

The certificate number.
The department contact information.
For out-of-state shipments, official identification.
For dairy cattle, back tag numbers.
The amount collected pursuant to section 3-1236.
The number and description of livestock.
The livestock owner's or agent's name, signature and address.
The transporter's name.
The location of the place and date of shipment.
The destination or buyer's name and address.
For branded animals, the animal's registered brand, including brand number, location and expiration date.

E. Movers of livestock and feedlots and dairies that utilize self-inspection shall purchase the self-inspection book from the department. The director, in consultation with the department of agriculture advisory council established pursuant to section 3-104, may establish a fee for the self-inspection book.

F. Any fees collected by the livestock officers and inspectors and by movers of livestock and feedlots and dairies utilizing self-inspection shall be remitted to the division. Any fees incurred by movers of livestock and feedlots and dairies shall be remitted to the department within ten days after the end of the month in which the livestock were inspected.

§ 3-1339 Mobile slaughtering units; custom slaughtering; brand inspections

A. A mobile slaughtering unit or a locker plant slaughtering livestock on a custom basis shall notify the local livestock officer or inspector before any slaughtering operation. If brand inspection of an animal is not conducted before slaughter, the mobile slaughterer or the locker plant slaughtering the animal shall retain the hide for a forty-eight hour period for inspection by a livestock officer or inspector.

B. Mobile slaughtering units and locker plants which slaughter livestock shall maintain accurate records of the number of animals slaughtered, their source and ownership and the brands on the animals. These records shall be available for inspection by a livestock officer or inspector during regular business hours.

C. All locker plants and mobile slaughtering units licensed by this state shall collect the brand inspection fees provided for by law and rules of the director and all other fees provided for by law or rule to be collected by the department for each animal slaughtered and remit the fees to the department.

§ 3-1340 Unbranded livestock kept in close confinement; shipment, sale and inspection

A. Owners of livestock, other than equines, who do not have a recorded brand and who maintain their animals in close confinement not exceeding ten acres may transport their animals to livestock auctions licensed in this state, feedlots licensed in this state or slaughter plants licensed in this state without first having those animals inspected if the shipment does not exceed five cattle or calves or ten sheep.

B. Animals shipped, conveyed or transported under this section shall be accompanied by proof of ownership, such as auction invoices or inspection certificates which the owner received at the time of purchase.

C. Any livestock, other than equines, that are transported, shipped or conveyed pursuant to this section and that have not been inspected by a livestock officer or inspector within the previous forty-eight hours shall be inspected at their destination point by a livestock officer or inspector before the sale, slaughter or change of ownership and all applicable inspection fees shall be paid. Destination points for the purpose of this section are feedlots, slaughter plants and auctions which are licensed in this state.

§ 3-1341 Transportation of livestock by person without certificate of inspection, validated auction invoice or bill of sale; violation; classification

A. Except as otherwise provided in this article, it is unlawful for any person, firm or corporation to carry, transport or convey livestock by any conveyance without first having such livestock inspected and having in immediate possession the duplicate record of the inspection, an auction invoice issued pursuant to section 3-1336, a registration or identification card issued pursuant to section 3-1344 or 3-1345 or a bill of sale.

B. A person violating this section is guilty of a class 2 misdemeanor.

§ 3-1342 Alteration of certificate or record of inspection; classification

A person who intentionally alters a certificate or record of inspection or copy thereof issued by a livestock officer or other agent of the department is guilty of a class 2 misdemeanor.

§ 3-1343 Substitution of animals after issuance of certificate of inspection; classification

A person who removes an animal and substitutes another therefor or adds other animals to a lot of livestock for which an inspection certificate or validated auction invoice has been issued for shipment, sale or slaughter is guilty of a class 2 misdemeanor.

§ 3-1344 Ownership and hauling certificates for equines; inspection; exemption; cancellation; fees

A. Except as otherwise provided in this article, owners or persons in charge of equines may obtain ownership and hauling certificates from the department.

B. The director shall adopt inspection fees by rule pursuant to title 41, chapter 6, for the processing of ownership and hauling certificates and replacement ownership and hauling certificates. If a person requests an ownership and hauling certificate or a replacement ownership and hauling certificate, the department shall collect from the owner or person in charge of equines an inspection fee for deposit in the equine inspection fund pursuant to section 3-1345.01.

C. Notwithstanding other provisions of this title, ownership and hauling certificates issued pursuant to subsection A of this section shall be valid for the life of the animal or until transferred pursuant to section 3-1345.

D. An owner or the authorized agent of an owner of a thoroughbred that will be used solely for horse racing or race horse breeding purposes and that has a certificate of registration or a facsimile of a certificate of registration issued by the jockey club of Lexington, Kentucky or a predecessor organization or a quarter horse that will be used solely for horse racing or race horse breeding purposes and that has a certificate of registration or a facsimile of a certificate of registration issued by the American quarter horse association of Amarillo, Texas is exempt from this section and all other statutes and rules that require an ownership and hauling certificate issued under this section with respect to that horse. This subsection applies to an unweaned foal if his or her dam has the certificate of registration required by this subsection. On the sale or disposition of a horse that is exempt from the ownership and hauling certificate requirements under this subsection, the seller or an authorized agent of the seller shall either:

Properly execute and transfer the certificate of registration required under this subsection to the buyer.
Complete and date an equine transfer request form issued by the department and give the form and a notarized bill of sale to the buyer. Within thirty days after the transfer of ownership, the buyer shall complete the buyer's portion of the equine transfer request form and shall comply with subsections A and B of this section.

E. Ownership and hauling certificates issued with respect to any equine shall be surrendered to the department or its authorized representative if any of the following occurs:

The equine dies.
The equine is sold and shipped out of state.
The equine is sent to slaughter or is disposed of for humane reasons.

§ 3-1345 Transfer or issuance of ownership and hauling certificates; fees

A. The seller of any equine who has a valid ownership and hauling certificate for such animal and the buyer of such animal, except a person who has been issued an equine trader's permit pursuant to section 3-1348, may both complete and date a transfer request form. One copy of the transfer request form shall be given to the seller.

B. Within thirty days of the transfer of ownership of any equine, provided for in subsection A of this section, the buyer may forward to the division the ownership and hauling certificate, the original copy of the completed transfer request form and the transfer fee. The director shall adopt transfer fees by rule pursuant to title 41, chapter 6, for processing transfer request forms. Upon receipt, the division shall deposit the fees in the equine inspection fund pursuant to section 3-1345.01 and issue a new ownership and hauling certificate to the transferee and a blank transfer request form. Such certificate shall be valid for the life of the animal or until sold.

C. An equine trader permittee who purchases an equine in this state must receive from the seller a bill of sale or the ownership and hauling certificate and the original and buyer's copy of a transfer request form with the seller's portion completed.

D. An equine trader permittee shall sign and enter his permit number on the transfer document when he transfers ownership of an equine.

§ 3-1345.01 Equine inspection fund

The equine inspection fund is established consisting of fees collected pursuant to section 3-1344, subsection B and section 3-1345, subsection B. The department of agriculture shall administer the fund. Monies in the fund are continuously appropriated for the issuance of equine ownership and hauling certificates.

§ 3-1346 Seasonal inspection for exhibition livestock; fee

A. Seasonal inspection certificates may be issued, under the self-inspection program, for exhibition livestock for any purpose other than slaughter, sale or trade. The fee for a seasonal brand inspection certificate is five dollars plus fifty cents per head of livestock in excess of ten.

B. The certificate shall state the date of issuance, the sex, color and breed, the brand or brands and their location and any other identifying marks and the name of the owner of the livestock. The words "seasonal brand inspection" shall be written across the face of the certificate.

C. The certificate is valid for twelve months after the date of issuance and shall accompany the livestock while in transit.

§ 3-1347 Violation; classification

Unless otherwise provided any person who does not comply with this article is guilty of a class 3 misdemeanor.

§ 3-1348 Equine trader permit

A. The division shall issue an equine trader permit to an applicant who pays a fee of one hundred dollars and who complies with the requirements of this section. The permit is valid for one year from the date of issuance and may be renewed on payment of an annual renewal fee of one hundred dollars and on compliance with the requirements of this section.

B. Applications for initial and renewal permits shall contain the following information:

The full name of the applicant.
The applicant's business and residence addresses.
The date and place of the applicant's birth.
Information concerning equine trading permits held in other states and their status.
Information concerning any felony convictions within seven years before the date of application, including any convictions subsequently set aside or resulting in restoration of civil rights.
Any other information which the division may require.

C. The director may adopt rules specifying additional information which may be reasonably required to be submitted on an application for an equine trader permit or renewal of a permit to allow the division to determine the fitness of the applicant to receive a permit or renewal of a permit.

D. The director may deny, refuse to renew, suspend or revoke an equine trader permit pursuant to title 41, chapter 6, article 10 for any of the following reasons:

A violation of any provision of this title or of any rule adopted pursuant to this title.
A violation of any provision of title 44, chapter 10, article 7.
The revocation or suspension for cause of an equine trader permit issued by the division or by any other state within five years before the date of application.
A conviction of a felony involving a crime related to the equine trade occupation within seven years before the date of application for an equine trader permit.

E. Except as provided in section 41-1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.

§ 3-1349 Inventory and monthly report of equine traders

Equine trader permittees shall maintain inventory records of all equines sold. The records shall include the date sold, the ownership and hauling certificate number and the name and address of the buyer. At the end of each month each equine trader permittee shall report to the division the number of equines sold during the month. Each equine trader permittee shall also surrender to the division each month all ownership and hauling certificates in his possession belonging to equines that have been moved out of state. Authorized representatives of the department may review the inventory records of any equine trader permittee during normal business hours.

§ 3-1350 Registry of equine rescue facilities; fees

A. The department shall establish and maintain a registry of equine rescue facilities and a public list of registered equine rescue facilities at department offices and on the department's official website.

B. To be registered under this section an equine rescue facility must:

Be incorporated as a nonprofit corporation in this state.
Meet minimum standards prescribed by the department for:

(a) The physical condition of the facility.

(b) Equine care and treatment at the facility.

C. The term of registration is one year from the initial date of registration, renewable annually.

D. For initial registration or annual renewal of registration, a person representing the facility must file with the department:

A letter from a licensed veterinarian, dated within fifteen days of filing, certifying that the facility meets the standards prescribed by the department for the physical condition of the facility and for the care of equines at the facility.
Documents demonstrating the facility's current status as a nonprofit corporation in good standing in this state.

E. The registry shall include the documents filed for registration or renewal of registration under subsection D of this section or a link to the facility's website where the documents are displayed.

F. The director may:

Assess and collect fees for registering and renewing the registration of equine rescue facilities under this section. Revenues from the fees shall be deposited in the livestock custody trust fund established by section 3-1377.
Adopt rules to implement this section.

Article 6 Seizure of Livestock

§ 3-1371 Seizure of livestock by a livestock officer

Livestock officers shall seize livestock, except unweaned animals running with their mothers, wherever found and when the livestock officer questions the livestock's ownership. The question of ownership may be raised in the following circumstances:

The livestock is not branded as required by this chapter.
The ownership of the livestock is questioned by another person.
The livestock has brands so mutilated, indistinct, burned or otherwise disfigured as to be difficult of ascertainment.
The livestock bears a brand which is not recorded.
The livestock is freshly branded and not found with its mother.
The livestock has a brand or mark which is not the recorded brand or mark of the owner.
The livestock is that which is known as "leppys," "orejanas," "sleepers," "dogies" or "mavericks."
Other circumstances raising questions as to the livestock's ownership.

§ 3-1372 Keeping livestock following seizure; expenses; use of livestock in criminal prosecution; sale of forfeited livestock; nonliability of state

A. A livestock officer who has seized livestock, as provided by this article, shall safely keep and care for it while it is under the department's custody and control, during which time any person may inspect the livestock.

B. The expense of seizing, feeding and caring for livestock shall be paid from any fund available to the division for that purpose. The division shall recover its expenses as provided by this article.

C. At any time before the hearing on the ownership of the livestock, the county attorney of the county in which the livestock is seized may take charge of and keep the livestock at the expense of the state when the livestock is of evidentiary value in any criminal prosecution arising from the seizure.

D. If livestock is forfeited to this state and ordered to be sold, as provided by this article, the department shall cause notice to be posted in three public places in the precinct where the livestock is held stating that the livestock will be sold at public auction for cash to the highest bidder. The notice shall be posted for at least five days before the sale. The notice shall state the location where the livestock will be sold. Proceeds from the sale shall be transmitted to the department to be deposited in the livestock custody trust fund established by section 3-1377, and on final determination of all actions arising from the seizure of the livestock the department shall pay the proceeds, less the hauling charges and expense of feeding and caring for such livestock, to the persons entitled thereto under the judgment of the court.

E. The director may contract with any person to handle, feed and care for livestock taken into custody under this section. This state is not liable for the injury or death of any person or livestock or damage to property due to performance of the contract.

§ 3-1373 Report of seizure; filing and docketing

A. Livestock officers shall forthwith report any seizure of livestock pursuant to this article to the county attorney and to the clerk of the superior court in the county where the stock was seized or to an available justice of the peace of the county where the stock was seized whose office is nearest the place of seizure.

B. The report shall:

Give a general description of the livestock seized and the brands, if any, together with the place of and reason for the seizure and the probable value of the livestock.
Request that the owner and claimant be summoned to appear and prove ownership.

C. The clerk of the court or the justice of the peace shall:

Consider the report to be a petition.
File and docket it as a civil action by the state in its name and against the reputed owners of the livestock, if known, and if not known, against the unknown owners.

§ 3-1374 Setting time for hearing on ownership of seized stock; issuance of summons

A. The clerk of the court or justice of the peace, as the case may be, after filing and docketing the report of seizure shall enter a brief statement of the seizure on the docket and set a time for hearing evidence of the ownership of the livestock, which shall be not less than ten and not more than twenty calendar days after the date the report is filed.

B. The clerk or justice of the peace shall issue a summons directing all persons claiming all or part of the livestock to appear at the time set and offer proof of ownership.

C. The summons:

Shall be addressed to those whom it may concern.
Shall be accompanied by a copy of the report.
Shall be delivered to and served by the livestock officer who made the seizure or by a constable or sheriff of the county.
Is returnable and shall be heard as in civil actions.

§ 3-1375 Service on owner of seized livestock; forfeiture proceedings on failure to respond

A. If the livestock seized is branded and marked with an adopted and recorded brand or mark, the summons shall be served upon the person who owns the brand or mark as shown by the division's records if such person can be found in the county. The service shall be at least one day before the day set for the hearing. A copy of the summons shall be posted in at least three public and conspicuous places in the county at least eight days before the day set for the hearing.

B. At the time set for hearing, the livestock officer, or other officer, shall make return of the summons to the court. If it appears that due service of the summons has been made, as required by this section, and no one appears to claim all or part of the livestock so seized within the time provided, the court shall adjudge the livestock forfeited to the state and shall order it sold as provided in this article.

§ 3-1376 Hearing on claim; release or sale of seized livestock; appeals

A. If any person appears at the time fixed for the hearing and claims all or part of the livestock, the claim shall be stated and the judge of the court or justice of the peace shall enter upon the minutes of the court the fact that the claim is made and the hearing shall proceed as in civil actions.

B. Livestock determined by the court to be owned by any person shall be released from seizure, upon payment to the department of the hauling charges and expense of feeding and caring for such livestock. Livestock not so adjudged, or the ownership of which is doubtful, shall be forfeited to the state and ordered sold by the department at public auction, upon a fixed date after notice, as sales of personal property under execution.

C. An appeal from the judgment may be taken as in civil actions and shall be governed by the same rules that apply to appeals from justice courts or from the superior court, as the case may be.

§ 3-1377 Sale of seized stock; disposition of proceeds; livestock custody trust fund

A. Livestock officers shall execute an order of sale made pursuant to this article and deliver a bill of sale to the purchaser, describing the livestock sold and the amount it sold for, and forward to the division a duplicate of the bill of sale. On delivery of the bill of sale, title to the livestock shall pass to the purchaser.

B. Immediately after the sale is made, or after release to the owner who pays the hauling charges and expenses of feed and care of such livestock, livestock officers shall remit the proceeds of the sale to the department, together with an itemized statement of the expense of the seizure and sale, which shall be paid as other claims.

C. The amount received by the department pursuant to this section and sections 3-1294, 3-1350, 3-1372, 3-1402, 3-1403 and 3-1721 shall be deposited in a special fund designated the livestock custody trust fund, which is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this chapter. The director shall administer the fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund. The beneficiaries of the trust are the agricultural programs established by this chapter. The trust fund shall be used exclusively for the purposes of this chapter on the order of the director. The trust fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

§ 3-1378 Representation of livestock officer by county attorney

The county attorney of the county wherein the livestock is seized shall represent the livestock officer and the interests of the state in proceedings under this article.

§ 3-1379 Notification required on seizure by government agencies

All federal, state and local governmental agencies shall notify the department within two hours of any seizure of any livestock or property in or on which livestock is present or when a person responsible for the care of any livestock is taken into custody and the person from the federal, state or local governmental agency knows that the person taken into custody is responsible for the care of any livestock.

Article 7 Seizure and Sale of Stray Animals

§ 3-1401 Definition of stray animal

"Stray animal" as used in this article means livestock, bison or ratites whose owner is unknown or cannot be located, or any such animal whose owner is known but permits the animal to roam at large on the streets, alleys, roads, range or premises of another without permission, except that this section does not apply to livestock where the principles of a federal permit, federal allotment or federal lease are in dispute.

§ 3-1402 Holding and sale of stray animals; repossession before and after sale; nonliability of state

A. Any person who finds a stray animal may attempt to locate and, if located, notify the owner where the animal may be found. If the owner is unknown or cannot be located, or the person elects not to locate or notify the owner, the person shall notify the department and the department shall follow procedures pursuant to this section.

B. A livestock officer or inspector who finds or is notified of a stray animal shall attempt to locate the owner and, if located, notify the owner where the animal may be found. If the owner does not take immediate possession of the animal, or if the owner or claimant is unknown or cannot be located, the livestock officer or inspector shall hold the stray animal for at least seven days, but shall hold the stray animal up to fourteen days at the request of any person or organization, and sell it at public auction to the highest bidder for cash, after giving at least five days' notice of the sale.

C. The department shall cause notice to be posted in three public places in the justice precinct where the stray animal is held stating:

That the stray animal will be sold at public auction for cash to the highest bidder.
The location where the stray animal will be held and the location where the animal will be sold.

D. The owner of a stray animal may take possession of the animal at any time prior to sale by proving ownership and paying the inspection fee and all expenses incurred in keeping and caring for the animal.

E. If the owner of the stray does not claim the animal before the day of sale, or if the owner is unknown or cannot be located, the livestock officer or inspector shall sell the animal pursuant to the notice, and shall deliver an invoice of sale or a livestock inspection certificate to the purchaser. The owner of an animal sold may take possession of it at any time before the purchaser sells it by paying to the purchaser the purchase price paid at the sale, together with the expense of keeping and caring for the animal from the date of sale to the time the owner takes possession of the animal.

F. Livestock that is received at auction markets without proper documentation but with no evidence of criminal intent by the shipper may be sold, but the director shall impound the proceeds of the sale in the livestock custody trust fund established by section 3-1377. On presentation of proper documentation of ownership, the director shall pay the proceeds, less any charges incurred, to the person who is entitled to the proceeds.

G. The director may contract with any person to handle, feed and care for stray animals taken into custody under this section. This state is not liable for the injury or death of any person or stray animal or damage to property due to performance of the contract.

§ 3-1403 Report by livestock officer or inspector; preliminary disposition of proceeds of sale

A. On making the sale as provided by section 3-1402, the livestock officer or inspector shall notify the division of the name of the purchaser, the time and place of sale, the amount for which the animal was sold and a description of the animal showing the marks and brands, if any, or other identifying marks and shall pay to the department the net proceeds realized at the sale.

B. The department shall place the amount realized from the sale of stray animals in the livestock custody trust fund established by section 3-1377.

§ 3-1404 Payment of proceeds of sale to owner of stray

Upon making satisfactory proof of ownership of any animal sold as a stray within one year after the sale, the department shall pay to the owner of the animal the net proceeds realized at the sale less any expenses incurred.

Article 8 No-Fence Districts

§ 3-1421 Formation

A. A majority of all taxpayers, according to the last preceding tax assessment roll, residing on land in an irrigation district containing not less than thirty-five thousand acres of irrigable land for which water is available, or a majority of all taxpayers residing upon any portion of a compact body of land containing not less than twenty thousand acres and where at least seventy-five per cent of the area of such body of land is being successfully irrigated, or a majority of all taxpayers residing upon a body of land containing not less than one thousand acres when the land is contiguous to the limits of an incorporated city or town which had a population of not less than thirty thousand people as shown by the last preceding United States census, and such body of land extending not more than twelve miles in one direction beyond the limits of such incorporated town or city, may petition the board of supervisors of the county in which such district or land is situated that a no-fence district be formed and that no fence be required around the land in the no-fence district designated in the petition.

B. Upon filing the petition, the board shall immediately enter the contents upon its records and order that the no-fence district be formed.

§ 3-1422 Publication of order forming no-fence district

The order of the board of supervisors that a no-fence district be formed shall be published once each week in a newspaper published in the county for four successive weeks, and from and after completion of the publication, no fence shall be required around the lands in the no-fence district, and it shall be unlawful for livestock thereafter to run at large in the district.

§ 3-1423 Designation of stock driveway

Upon application of a local livestock association, the board of supervisors of the county wherein the no-fence district is located shall select, designate and declare one or more roads over or across the district as a stock driveway and shall erect and maintain on both sides of such road a lawful fence between which livestock may be driven.

§ 3-1424 Civil and criminal liability of person allowing stock to run at large within no-fence district

The owner or person in charge of livestock, who recklessly allows or permits livestock to run at large within a no-fence district is guilty of a class 2 misdemeanor, and in addition is liable for damages for any trespass as provided for the collection of damages by owners of land enclosed within lawful fences.

§ 3-1425 Dissolution of district

A no-fence district may be dissolved at any time in the same manner as it was formed.

§ 3-1426 Lawful fence defined

A. A fence shall be deemed a lawful fence when it is constructed and maintained with good and substantial posts firmly placed in the ground at intervals of not more than thirty feet, upon which posts are strung and fastened at least four barbed wires of the usual type tightly stretched and secured to the posts and spaced so that the top wire is fifty inches above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. If the posts are set more than one rod apart, the wires shall be supported by stays placed not more than seven and one-half feet from each other or from the posts, extending from the top wire of the fence to the ground, and each wire of the fence securely fastened thereto.

B. All fences constructed other than as provided in subsection A, or of other materials equally as strong and otherwise effective to turn livestock as the fences described in subsection A, shall also be deemed lawful fences within the meaning of this section.

§ 3-1427 Recovery for damage to unfenced lands; exception

An owner or occupant of land is not entitled to recover for damage resulting from the trespass of animals unless the land is enclosed within a lawful fence, but this section shall not apply to owners or occupants of land in no-fence districts.

§ 3-1428 Action to recover for damage done by livestock which break through lawful fence

A. The owner or occupant of land enclosed by a lawful fence upon which damage of less than two hundred dollars has been done by livestock which has broken through the fence may bring an action to recover damages before a justice of the peace of the precinct in which the land is located, regardless of the place of residence of the owner of the livestock or the person having charge of the livestock at the time of trespass. If the amount of damage is two hundred dollars or more, the action may be brought in the superior court in the county where the land is located, regardless of the place of residence of the owner of the livestock or of the person having charge of the livestock at the time of the trespass.

B. If the plaintiff has possession of the livestock causing the damage complained of, and recovers judgment, the court shall, in addition to the personal judgment impress a lien on the livestock for the amount of the judgment, and order a sale thereof to discharge the lien.

§ 3-1429 Exemption of incorporated city or town from provisions of article

A. Nothing in this article shall affect any ordinance of an incorporated city or town relating to stock running at large in the incorporated city or town nor shall its provisions apply to any land that is located within an incorporated city or town.

B. Any penalties imposed by a municipal ordinance relating to stock running at large shall not apply to lands that are annexed or incorporated into the city or town for two years after the annexation or incorporation, regardless of whether the lands were previously in a no-fence district or open range.

Article 9 Beef Cattle Feed Lots

§ 3-1451 Definitions

In this article, unless the context otherwise requires:

"Beef cattle" means cattle or calves grown primarily for meat production.
"Feed lot" means either of the following:

(a) A beef cattle feed lot, or feed yard, having more than five hundred head of beef cattle at one time during the licensed year.

(b) Any other beef cattle feed lot whose operator elects to come under this article.

"Feed yard feeding" means the feeding of beef cattle in lots or pens which are not used normally for raising crops and in which no vegetation, intended for livestock feed, is growing.
"Operator" means the owner or the person having charge or control of a feed lot.
"Person" means an individual, a corporation, a group of individuals, joint venturers, a partnership, or any other business entity.

§ 3-1452 Feed lot operator's license; applications; fees; exemption

A. It is unlawful for any person, except as provided in subsection B of this section, to operate a feed lot within the state without having first obtained a license from the division authorizing and permitting such operation.

B. The owner or operator of any beef cattle feed lot having less than five hundred head of beef cattle at any one time may apply for and obtain a license for feed lot operations if he chooses and elects to come under the terms and provisions of this article, but the licensing for operations of less than five hundred head shall not be required.

C. Application for a beef cattle feed lot license shall be filed with the division on a form prescribed and furnished by the department. Upon the filing of such an application and upon payment of the required fees, the division shall issue a beef cattle feed lot license to such applicant, provided the application discloses information assuring the division that the operation of such feed lot will be conducted in accordance with the standards set forth in this article, and with rules adopted by the director.

D. Feed lot licenses shall be issued for the term of one year, to expire on June 30 following the date of issuance. An application for an initial license and for renewal of a license shall be accompanied by a fee in accordance with the following schedule:

Under five hundred head of beef cattle, twenty-five dollars.
From five hundred to not exceeding three thousand head of beef cattle, fifty dollars.
Three thousand one to not exceeding ten thousand head of beef cattle, one hundred dollars.
More than ten thousand head of beef cattle, one hundred fifty dollars.

E. If an original feed lot license is to expire within six months after date of issuance, only fifty per cent of the license fee prescribed in this section shall be required.

§ 3-1453 Disposition of fees

License fees collected under the provisions of this article shall be paid to the department and deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-1454 Standards of operations for feed lots

A. Owners and operators who are granted a feed lot license shall:

Provide reasonable methods for the disposal of animal excrement.
Provide a chemical and scientific control procedure for prevention and eradication of pests.
Provide adequate drainage of surface waters falling upon the area occupied by such feed lots.
Provide adequate services for detection, control and treatment of beef cattle diseases.
Have available for use at all times mechanical means for scraping, cleaning and grading feed lots.
Conduct feed lot operations in conformity with established practices in the feed lot industry as approved by rules adopted by the director and in accordance with the standards set forth in this article.

B. The operation of any feed lot in compliance with the standards prescribed by subsection A and the rules adopted by the director and with a valid feed lot license shall be admitted as evidence in any action or hearing involving a claim that an operator is in violation of this article.

§ 3-1455 Powers and duties

A. The division shall:

Receive applications for feed lot licenses and issue licenses to qualifying applicants.
Enforce rules pertaining to the operation of feed lots within the framework of the standards set forth in this article.
With the director's concurrence, adopt rules of procedure for the administration and enforcement of this article.
Prepare, design and have printed application forms for feed lot licenses which shall provide adequate information upon which to base its decision concerning issuance of such license.
Keep, maintain and compile all necessary records and information pertaining to the administration of this article.
Investigate complaints concerning the operation of feed lots when an operator of such feed lot is charged with any violation of the provisions of this article.

B. The division may:

Undertake, carry out and cooperate in research studies, investigations and surveys needed and required for proper administration.
Enter upon feed lot premises at reasonable hours to investigate methods of operation and to determine whether or not the operation of such lot is in compliance with the provisions of this article and rules adopted in accordance with this article.

§ 3-1456 Suspension or revocation of licenses; hearing; appeal

The suspension or revocation of feed lot licenses and hearings and appeals related thereto shall be in accordance with the provisions of section 3-1206.

§ 3-1457 Unlawful acts; classification

A person who violates any provision of this article or any rule adopted under this article is guilty of a petty offense. Each day upon which a violation is committed or permitted to continue is deemed to be a separate offense.

Article 10 Ratite Production

§ 3-1481 Rules to regulate and protect ratite production; fees

A. The director may establish a program to regulate agricultural ratite ranching and production and may adopt rules to govern the ratite industry. The director may appoint an ad hoc advisory committee pursuant to section 3-106 to make recommendations concerning regulating the industry.

B. The state veterinarian may adopt rules that are necessary to adequately protect the ratite industry from contagious diseases and parasites.

Article 11 Horses

§ 3-1491 Salt River horse herd; necessary interaction; written authorization; violation; classification; definition

A. A person shall not harass, shoot, injure, kill or slaughter a horse that is part of the Salt River horse herd.

B. A person shall not interfere with, take, chase, capture or euthanize a horse that is part of the Salt River horse herd without written authorization from either the department or the county sheriff. The department or the county sheriff may provide written authorization pursuant to this subsection only for humane purposes.

C. If an incident occurs that requires interaction with the Salt River horse herd in order to protect the safety or health of a horse that is or horses that are part of the Salt River horse herd or the public, a private or public entity may address the incident after obtaining written authorization from either the department or the county sheriff.

D. If a horse has any brand or other mark that indicates ownership, the department shall attempt to prove ownership of the horse or the county sheriff shall contact the department to attempt to establish ownership of the horse. If the department cannot prove ownership of the horse, the department or the county sheriff may provide written authorization pursuant to this section.

E. This state shall enter into an agreement pursuant to section 11-952 with the United States forest service to implement this article or to address any issue relating to the Salt River horse herd.

F. This state may enter into an agreement with a private entity to address any issue relating to the Salt River horse herd.

G. A horse that is part of the Salt River horse herd is not a stray animal as defined in section 3-1401 and is not subject to sections 3-1371 and 3-1402.

H. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.

I. For the purposes of this section, "Salt River horse herd" includes the horses that inhabit and that have historically lived in and around the lower Salt River and Saguaro Lake areas in the Tonto national forest and that do not have a brand or other mark that indicates ownership.

§ 3-1492 Unlawful release of a domesticated horse; violation; classification

A person who intentionally releases a domesticated horse into the wild is guilty of a class 1 misdemeanor.

Chapter 12 Livestock Injury and Diseases

Article 1 Duties and Liabilities of Railroads

§ 3-1701 Report of killed or crippled livestock; inspection and removal; violation; classification; definition

A. Every railroad in this state, upon discovery of livestock killed or crippled upon a section of the railroad, shall immediately make a report thereof to a livestock officer or to any other person designated by the department for the purpose of receiving the report.

B. The report required by subsection A shall designate the place where the crippled or killed livestock is located. The department or a person designated by it shall promptly inspect the stock, notify the owner and make a report of the inspection including therein the age, color, sex, approximate weight, marks and brands of the stock. One copy of the report shall be transmitted by a livestock officer or inspector to the division, one to the owner of the stock and one to the railroad. The copy of the report transmitted to the railroad shall be posted by it on Monday of each week at the section house or station house nearest the scene of the accident and shall be kept posted for thirty days.

C. Dead livestock shall not be destroyed by the railroad until the inspection required by this section is made, but if the inspection is not made within twenty-four hours after transmittal of the report by the railroad, the railroad may bury the dead stock and shall thereupon promptly notify the division or the person designated by it of the place of burial so that inspection may be made.

D. A railroad which fails to make and post any report required by this section is guilty of a petty offense.

E. The term "railroad" as used in this article includes any person, firm or corporation operating a railroad.

§ 3-1702 Stock crossings required in fences enclosing rights of way; violation; classification

A. A railroad fencing its right of way shall leave an opening at least once every three miles in an accessible place for stock to pass through. The opening shall be at least sixty feet wide, with cattleguards at each end, and fences shall be run to the guards. Cattleguards and wing fences shall be placed on either side of the openings, sufficient to prevent cattle entering upon the right of way enclosed. Places where the railroad runs over trestles or bridges sufficiently high for cattle to go under shall be left unfenced.

B. A railroad violating any provision of this section is guilty of a class 2 misdemeanor.

§ 3-1703 Liability for injury to livestock on unfenced railroad; contributory negligence

A. When livestock is injured or killed by a locomotive or cars on the line of a railroad unfenced by good and sufficient fence or other barrier sufficient to turn livestock, the railroad is liable in damage to the owner of the livestock unless it is shown that the owner or his agent or servant immediately contributed to the killing or injury of the livestock.

B. Livestock straying, or grazing unattended by a herder, upon unfenced parts of the railroad is not contributory negligence of the owner.

§ 3-1704 Liability of railroad for negligent injury of certain animals; injury or death as prima facie evidence of negligence; liability of owner for intentional damage

A. A railroad which negligently injures or kills a horse, jack, jenny, mule, cow or other domestic animal, by running a locomotive or cars against the animal is liable to the owner of the animal for the damages sustained by the owner by reason thereof. The killing or injury of the animal is prima facie evidence of negligence on the part of the railroad.

B. If the owner or person in charge of the animals listed in subsection A drives them upon the railroad track or tracks with intent to thereby injure the animal or animals, the owner is liable for all damage occasioned thereby.

Article 2 Seizure of Equine in Poor Physical Condition

§ 3-1721 Petition of seizure; notice of seizure; lien for expenses; forced sale; disposition of proceeds; nonliability of state; neglect or cruel treatment of equine; civil penalty; legal representation

A. Any person or peace officer who believes that an equine is in poor physical condition because of neglect or cruel treatment may petition on affidavit a justice of the peace of the precinct or a city magistrate of the city in which the equine is found for an order authorizing the department to take possession of and provide care for the equine for a fifteen-day period. The order shall not be issued unless the affidavit provides that the livestock custody trust fund established by section 3-1377 has a balance that permits the department to provide such care or that the department can demonstrate that the expenses have been contracted for pursuant to subsection E of this section. The clerk of the court or justice of the peace, as the case may be, after filing and docketing the petition, shall enter a brief statement of the petition on the docket and set a time for a hearing that is not less than five and not more than fifteen days after the petition is filed. The order shall state the time and place of the hearing.

B. On receiving the order the department shall take possession of the equine. The department shall serve the order on the owner of the equine, if known, at least twenty-four hours before the hearing, either by personal service on the owner or by leaving a copy of the order with a person of suitable discretion at the owner's residence or place of business. If the owner is not known, the department shall give notice by posting a copy of the order on the day of the seizure in a conspicuous place at the location where the equine was seized and in at least two public places in the county where the equine was seized. The order shall be served by a livestock officer, constable or sheriff of the county.

C. If, at the hearing, it is determined that the equine at the time of taking possession was not in poor physical condition because of neglect or cruel treatment, the owner may immediately reclaim the equine and shall not be liable for payment of any expense incurred in the handling, feeding and care of the equine. Unless malice is proved, no action taken by an employee of the department or by a peace officer pursuant to this article shall be subject to civil or criminal liability.

D. On failure of the owner to be awarded immediate, expense-free possession of the equine pursuant to subsection C of this section, the department shall either sell the equine at public auction or, if the equine's condition makes its sale impractical, dispose of the equine in the most humane manner possible. The department shall deposit the proceeds of the sale in the livestock custody trust fund established by section 3-1377 for distribution in the following priority:

The department shall be reimbursed for auction, handling, feeding and caring expenses.
Any monies derived from the sale in excess of the expenses to be paid pursuant to paragraph 1 shall be paid to the owner of the equine. After thirty days if the owner has not claimed the money, this money shall revert to the livestock custody trust fund established by section 3-1377.

E. The director may contract with any person or group to handle, feed and care for any equine taken into custody pursuant to this section. The state shall not be liable for injury or death of any person or equine or damage to property caused by the performance of the contract.

F. Notwithstanding any provision of this article to the contrary, the county attorney of the county in which the equine was seized, at any time prior to the expiration of fifteen days after the seizure of the equine, may take charge of and keep the equine at the expense of the county when the county attorney considers it to be of evidentiary value in any criminal prosecution relating to the condition of the equine.

G. In addition to violating section 13-2910, a person who subjects an equine to neglect or cruel treatment is subject to a civil penalty of not more than seven hundred fifty dollars for each violation. All civil penalties assessed pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

H. The county attorney of the county, or the city attorney of the city, in which the livestock is seized may represent the livestock officer and the interests of this state in proceedings under this section.

I. On receipt the department shall deposit all monies, except civil penalties, collected pursuant to this section or received as a money donation from any public or private group, society, association or individual in the livestock custody trust fund established by section 3-1377. The monies in the fund shall be used to reimburse the department for expenses incurred in the handling, feeding, care and auctioning of equines seized pursuant to this section.

Article 3 Tuberculosis Control

§ 3-1741 Federal cooperation and agreements

A. The director may, for the purpose of eradicating tuberculosis of cattle in the state, cooperate with the animal and plant health inspection service of the United States department of agriculture. The director may, on behalf of the state, accept cooperative agreements promulgated by the Arizona department of agriculture under authority of the acts of Congress to effect the eradication of tuberculosis in cattle.

B. The associate director may, as necessary to effectuate the terms of cooperative agreements, appoint veterinary inspectors to act with and under direction of the state veterinarian.

§ 3-1742 Entry upon premises to inspect animals; condemnation of diseased animals

A. The state veterinarian and inspectors may enter any place where an animal may be and take custody of the animal to examine it for contagious disease, including tuberculosis. Custody may be retained for the purpose of applying the tuberculin test to the animal.

B. If the animal reacts to the test, the inspecting officer may immediately condemn the animal and order it destroyed.

Article 4 Brucellosis Control

§ 3-1771 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the division.
"Calfhood vaccination" means an official vaccination given to a female dairy or beef type animal at the age prescribed by the director.
"Dairy herd" means one or more dairy animals.
"Division" means the animal services division of the Arizona department of agriculture.
"Official vaccination" means a calfhood vaccination that is registered with the division, with a vaccine approved by the director on the state veterinarian's recommendation, and properly identified as such, given to a dairy type or beef animal at the age prescribed by the director and administered by a licensed veterinarian.
"Person" includes an individual, firm, corporation, company or association.
"Reactor" means an animal afflicted with brucellosis as determined by a test approved by the director, except an officially calfhood vaccinated animal under the age prescribed by the director on the state veterinarian's recommendation.
"Ultimate consumer" means the person drinking or consuming milk or milk products.

§ 3-1772 Raw milk; registering and testing herd of producer

A. A person producing raw milk or raw milk products for sale to the ultimate consumer for human consumption shall register with the division the location and number of dairy cattle or goats supplying raw milk or milk products.

B. Cows or goats producing raw milk as prescribed in subsection A of this section shall be tested for tuberculosis at least annually, and the milk from such cows or goats shall be tested for brucellosis by the ring test method at least once each month, and all adult animals shall be blood tested for brucellosis annually. Cows or goats which do not test negative for tuberculosis or brucellosis as provided in this section shall be dealt with by the division as provided in sections 3-1205, 3-1742 and 3-1773.

C. The testing provided for in subsection B of this section shall be at the expense of the owner of the cows or goats.

§ 3-1773 Brucellosis test and vaccinations

A. Female dairy and beef calves may be officially vaccinated at the age prescribed and as directed by the director.

B. All dairy herds of cattle and goats shall be tested for brucellosis at intervals as prescribed by the director.

C. The testing as provided for in subsection B shall be made at the expense of the owner of the stock to the extent of the ordinary labor involved in the testing of the cattle. The remainder of expense for veterinary and laboratory services performed by state or federal agencies shall be the obligation of the state or federal government as funds are made available.

§ 3-1774 Disposition of reactors

A reactor shall be identified by having a "B" brand at least two inches square on the left jaw and by official reactor tag in the left ear and may be disposed of as follows:

Sold for slaughter at an establishment having municipal, state or federal meat inspection.
Shall be sold for interstate movement under existing rules and regulations of the U.S. department of agriculture.

§ 3-1775 Enforcement

The director shall enforce the provisions and rules of this article.

§ 3-1776 Violations; classification

A person who commits any of the following acts is guilty of a class 2 misdemeanor and punishable as provided by law:

Offers for sale, trade or other disposition a known brucellosis reactor except as provided in this article.
Removes or causes to be removed a reactor brand or tag.
Violates any provision of this article.

Chapter 13 Slaughter of Animals and Sale of Meat

Article 1 Slaughter of Animals

§ 3-2001 Definitions

In this chapter, unless the context otherwise requires:

"Adulterated" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances if:

(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such article shall not be considered adulterated if the quantity of such substance in or on such article does not ordinarily render it injurious to health.

(b) It bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive which may in the judgment of the director or his authorized representative make such article unfit for human food.

(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the federal food, drug and cosmetic act, any food additive which is unsafe within the meaning of section 409 of the federal food, drug and cosmetic act or any color additive which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic act. An article which is not otherwise deemed adulterated under this subdivision is nevertheless deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by rules of the director.

(d) It consists in whole or in part of any substance unfit for human food.

(e) It has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(f) It is in whole or in part the product of any animal which has died otherwise than by slaughter.

(g) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

(h) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the federal food, drug and cosmetic act.

(i) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(j) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any substance unfit for human food.

"Arizona inspected and passed" means the carcasses and parts of carcasses have been inspected, stamped and passed in slaughtering establishments with state meat inspection service, and the carcasses and parts of carcasses used by such a slaughtering establishment or by a meat processor have been re-inspected and the operations in the preparation of meat and meat food products have been approved in accordance with the provisions of this chapter.
"Associate director" means the associate director of the division.
"Broker" means a person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.
"Carcass" means all parts, including viscera, of a slaughtered animal that are capable of being used for human food.
"Chief veterinary meat inspector" means a qualified licensed veterinarian appointed by the director to supervise the state meat inspection service for the state and to carry out the provisions of this chapter.
"Condemned" means the carcass, the viscera, parts of carcasses, meat, meat by-product or meat food products, so marked or identified, is unsound, unhealthful, unwholesome or otherwise unfit for human food, or an animal which has been inspected and found to be in a dying condition or affected with any other condition or disease that would require condemnation of its carcass.
"Distributor" means a person, firm or corporation that is engaged in the business of receiving carcasses, meat, meat food products, meat by-products, poultry or poultry products from state or federally inspected establishments and storing and distributing properly identified products to commercial outlets, processors or individuals and that conducts no processing.
"Division" means the animal services division of the Arizona department of agriculture.
"Establishment" means a mobile or stationary building, plant, vehicle or structure where meat or meat food products are slaughtered or processed or offered for sale.
"Exempt processor" means any person preparing for compensation carcasses, meat or meat food products derived from the slaughter by any individual of cattle, sheep, swine or goats, or game animals delivered by the owner for such processing and the intrastate transportation of meat food products exclusively for use by the owner, his family, members of his household, and his nonpaying guests and employees.
"Exempt slaughterer" means a person engaged for compensation in this state in the business of slaughtering or dressing animals for human consumption which are not to be sold or offered for sale.
"Inspector" includes chief veterinary meat inspector, veterinary meat inspector, lay meat inspector, livestock officer or any other employee appointed by the associate director, with the approval of the director, to carry out the purposes of this chapter, the livestock laws and rules adopted thereunder.
"Lay meat inspector" means any person qualified by the chief veterinary meat inspector and appointed by the associate director, with the approval of the director, to work under the supervision of the chief veterinary meat inspector.
"Livestock officer" means a livestock officer employed by the department pursuant to section 3-1208.
"Meat" means the edible part of the muscle of cattle, sheep, swine, goats or equines which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears.
"Meat by-product" means any edible part other than meat which has been derived from one or more cattle, sheep, goats, swine, horses, mules or other equines.
"Meat food product" means any article of food or any article intended for or capable of being used as human food which is derived or prepared, in whole or in substantial and definite part, from any portion of any cattle, sheep, swine, goats, horses, mules or other equines, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.
"Meat processor" means any person, including jobbers, wholesalers or slaughtering establishments, who changes meat or meat food products in any way by cutting, mixing, blending, canning, curing or otherwise preparing meat or meat food products for human consumption.
"Meat wholesaler or jobber" means any person with an established place of business who buys meat or meat food products and offers them for resale, for sale to restaurants or for sale to the consuming public.
"Misbranded" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances, if:

(a) Its labeling is false or misleading in any particular.

(b) It is offered for sale under the name of another food.

(c) It is an imitation of another food, unless its label bears in contrasting color, and in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated.

(d) Its container is so made, formed or filled as to be misleading.

(e) In a package or other container unless it bears a label showing the name and place of business of the manufacturer, packer or distributor and an accurate statement of the quantity of the contents in terms of weight, measure or numerical count, provided that reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established, by rules prescribed by the director.

(f) Any word, statement or other information required to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(g) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rules of the director unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.

(h) It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the director and it falls below the standard of fill of container, unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard.

(i) It is not subject to the provisions of subdivision (g), unless its label bears both:

(i) The common or usual name of the food, if any.

(ii) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the department, be designated as spices, flavorings and colorings without naming each. To the extent that compliance with the requirements of this item is impracticable, or results in deception or unfair competition, exemptions shall be established by rules of the director.

(j) It purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the director, after consultation with the secretary of health and human services of the United States, determines to be and by rules prescribes as necessary in order fully to inform purchasers as to its value for such uses.

(k) It bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by rules of the director.

(l) It fails to bear directly thereon or on its containers, as the director may by rules prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the director may require in such rules to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

"Peddler" means any person without an established place of business who buys meat or meat food products and offers them for resale, for sale to restaurants or for sale to the consuming public.
"Restaurant" means any person who cooks or otherwise prepares and serves meat or meat food products for consumption by the ultimate consumer.
"Retailer" means any person other than a restaurant who sells meat or meat food products to the ultimate consumer.
"Slaughter" means to kill cattle, sheep, swine, goats, horses, mules or other equines and to prepare the carcasses or parts of carcasses for human consumption.
"Slaughterer" means any person who slaughters cattle, sheep, swine, goats, horses, mules or other equines in a slaughtering establishment and prepares the carcasses or parts of carcasses for human consumption.
"Slaughtering establishment", "slaughterhouse" or "slaughtering plant" includes all premises where animals are slaughtered and prepared for food purposes.
"State meat inspection service" means the meat inspection provided in sections 3-2041 through 3-2047 and sections 3-2049, 3-2051 and 3-2052, providing approved slaughtering plants with inspectors during all periods of slaughter to conduct antemortem and postmortem inspections of all cattle, sheep, swine, goats, horses, mules or other equines slaughtered.
"Veterinary meat inspector" means a qualified licensed veterinarian appointed by the associate director, with the director's approval, to work under the direction of the chief veterinary meat inspector.

§ 3-2002 Application for license to slaughter

Every person, including an exempt slaughterer, before he begins or carries on the slaughter of livestock, sheep, goats or swine for compensation, shall make written application to the division for a license to slaughter, stating that the applicant will comply with the law and will not slaughter animals, or sell, exchange, or expose for sale the meat thereof, except in conformity with the law relating thereto and the rules of the director.

§ 3-2003 Grant of licenses; fees; expiration date

A. The division may grant a license to slaughter livestock, sheep, goats or swine as set forth in the license issued on payment of the fees.

B. The fees shall be as follows:

For not to exceed forty-five head of livestock, and not to exceed fifty-five head of sheep, goats or swine in one calendar year, $5.
For more than forty-five and not to exceed one hundred fifty head of livestock and more than forty-five and not to exceed one hundred sixty head of sheep, goats or swine in one calendar year, $15.
For more than one hundred fifty head of livestock and more than one hundred sixty head of sheep, goats or swine in any one calendar year, $80.

C. Licenses issued under this section expire on December 31 of the year in which they are issued.

§ 3-2004 Place of slaughter

Every person licensed to slaughter livestock, sheep, goats, swine, horses, mules or other equines for sale or exchange shall slaughter animals in an established and recognized slaughterhouse kept by the licensee for that purpose, or in a slaughterhouse established by the authorities of a city or town.

§ 3-2005 Licensee's record of animals purchased or slaughtered; monthly copy for the department; violation; classification

A. Every person licensed to slaughter livestock, sheep, goats, swine or equines shall keep an accurate record in a book maintained for that purpose of all such animals purchased or slaughtered. The record shall include a description of all animals purchased or slaughtered, the marks and brands, if any, the name and residence of the person from whom purchased and the date of such purchase. The licensee shall at the end of each month make a true copy of the record for that month, which he shall keep on his premises for one year.

B. A person who knowingly fails to keep the record required by this section, or who refuses to exhibit it to an inspector or other authorized representative of the department who demands that it be exhibited, is guilty of a petty offense.

§ 3-2006 Preslaughter brand inspection of hides

A. Every person licensed as an exempt slaughterer of livestock, sheep, goats or equines shall, before slaughter, notify the nearest livestock officer of the location of the slaughter and the time it is proposed to slaughter the animals.

B. Livestock shall not be slaughtered until the animals have been inspected, unless inspection before slaughter is waived by the associate director. When livestock are slaughtered, the livestock officer shall inspect the hides for brands and marks, and tag or mark the same in the manner established by the division, unless such tagging or marking is waived by the associate director.

§ 3-2007 Purchase of uninspected hide; classification; exception

It is unlawful to purchase or otherwise acquire possession of a hide of any livestock until the hide has been inspected for brands and marks. Possession of an untagged or unmarked hide upon which the tagging or marking has not been waived by the director is a class 2 misdemeanor unless the person possessing the hide can show that it was taken from an animal owned by him at the time of slaughter or after death, or that he had written authority from the owner to remove the hide from the carcass.

§ 3-2008 Receiving uninspected hides for transportation; sale of uninspected hides; classification

A. It is unlawful for a person to receive for transportation hides of livestock until they have been brand inspected, and it is unlawful for any person to sell hides of livestock until they have been brand inspected, unless such brand inspection is waived by the director.

B. A person violating this section is guilty of a class 3 misdemeanor.

§ 3-2009 Transfer of license without fee

If a person who is a licensee under this article sells or otherwise disposes of the person's slaughtering business, together with the goodwill thereof, and the purchaser or transferee continues the business at the same location, substantially in the same manner and under the same business name as it was conducted by the seller, the license of the original licensee may be transferred to the new owner without payment of a license fee if the new owner submits to the division an affidavit stating, under penalty of perjury, that the new owner will comply with the law and will not slaughter animals or sell, exchange or expose meat for sale except according to law and the rules of the director.

§ 3-2010 Identification of animals with drug residue; violation; classification

A. The owner of an animal which has been treated with an antibiotic which has a specific withdrawal period shall not market the animal for slaughter or through a livestock auction unless either:

The stated withdrawal period has expired.
The animal is identified and the restrictions disclosed to all potential buyers.

B. A producer who has been notified and is currently under United States department of agriculture restrictions for residue violations shall disclose that fact and identify animals he markets. Such a producer may certify that the animal has undergone the prescribed withdrawal period required for slaughter.

C. The identification prescribed by subsections A and B shall accompany the animal for at least thirty days or until it is slaughtered.

D. The division shall determine the method for identifying animals as required by this section.

E. A person who violates this section is guilty of a class 2 misdemeanor.

§ 3-2011 Slaughter of animals by producer or owner for own use; inspection of hides; violation; classification

A. Producers or owners who slaughter livestock, sheep, goats, swine or equines for the purpose of using the meat for food for themselves, their immediate family or employees, and not for sale, shall not be required to procure a special permit or a license to slaughter as required by this article, but the whole hide of all livestock so slaughtered, except swine, shall be hung in a conspicuous place on the premises of the producer or owner and kept there until the hide has been inspected and marked or tagged by a livestock officer. The meat from the livestock so slaughtered shall not be removed from the premises of the producer or owner without being stamped "not for sale" by the livestock officer.

B. A person other than the owner or producer who slaughters livestock described in subsection A shall keep the whole hide of all livestock so slaughtered except swine until the hide has been inspected and marked or tagged by a livestock officer and the meat from the livestock so slaughtered has been stamped "not for sale" by the livestock officer.

C. Every person who slaughters livestock of another as described in subsection B shall be licensed pursuant to rules of the director.

D. A person failing to comply with this section is guilty of a class 2 misdemeanor.

§ 3-2012 Secreting hide; defacement of mark or brand; classification

A person who knowingly secretes a hide of livestock, or who, before a hide is inspected, knowingly obliterates or defaces any mark or brand on a hide, is guilty of a class 2 misdemeanor.

§ 3-2013 Slaughter of animals for compensation without license; classification

A person slaughtering any livestock, sheep, goats, swine, horses, mules or other equines, for compensation without first procuring a license to slaughter as provided in this article, is guilty of a class 2 misdemeanor.

§ 3-2014 Limitation

A. Nothing in this chapter shall be construed to modify or repeal any provision of title 36, chapter 8, article 1, relating to adulteration and misbranding.

B. Nothing in this chapter shall be construed to modify or repeal any provision of title 36, chapter 1, relating to local boards and departments of health and the department of health services.

§ 3-2015 Cooperation with federal government

A. The director may cooperate with the secretary of agriculture of the United States in order to administer the provisions of this chapter in conjunction with the federal meat inspection act. Such cooperative efforts may include assistance in planning and otherwise developing the state program, technical and laboratory assistance and training and financial and other aid for the administration of the cooperative effort.

B. For the purposes prescribed by the terms of subsection A, the department may accept and expend federal funds.

§ 3-2016 Methods of slaughtering which are humane

No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the state of Arizona unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:

In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut.
By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

§ 3-2017 Exemption

A. No slaughterer, packer or stockyard operator shall bleed or slaughter any livestock except by a humane method, provided, that the chief state veterinary meat inspector may, by administrative order, exempt from compliance with this article, for a period not to exceed one year after the effective date of this article, any slaughterer, packer or stockyard operator if he finds that an earlier compliance would cause such person an undue hardship.

B. No person slaughtering or butchering any livestock for his own use shall be subject to any of the provisions of this article.

Article 2 State Meat Inspection

§ 3-2041 Chief veterinary meat inspector; appointment of inspectors; qualifications; bond

A. The associate director, with the approval of the director, shall employ an Arizona licensed veterinarian as chief veterinary meat inspector. The chief veterinary meat inspector must have at least four years' experience of meat inspection work in slaughtering establishments. The duties of the chief veterinary meat inspector shall be to supervise the state meat inspection service and enforce and efficiently carry out the provisions of this chapter, so as to assure the public that only pure and wholesome meats are offered for sale.

B. Upon qualification by the chief veterinary meat inspector, the associate director, with the director's approval, shall employ veterinary meat inspectors and lay meat inspectors who shall be responsible to the chief veterinary meat inspector and who shall conduct antemortem and postmortem inspections, enforce sanitary requirements, perform other duties necessary to conduct proper meat inspection and carry out the provisions of this chapter. The director may also assign personnel from the office of inspections to perform inspections under this chapter under the supervision of the chief veterinary meat inspector.

C. An inspector assigned to a slaughtering establishment with state meat inspection service shall neither be related to the management of such establishment nor have a financial interest therein.

D. Each inspector shall take the oath of office.

§ 3-2042 Inspection stamps and establishment numbers

A. The division shall provide meat inspection stamps and assign establishment numbers to all slaughtering establishments which have been approved and granted state meat inspection service by the division, and the stamps shall contain the words "Arizona inspected and passed" or "Arizona inspected and condemned". The division shall also provide meat inspection stamps and assign establishment numbers to all meat processors which have been approved in accordance with the requirements as provided in section 3-2054, and the stamps shall also contain the words "Arizona inspected and passed" or "Arizona inspected and condemned". The inspection stamps shall be designed so as not to be in conflict with the inspection stamps of the United States department of agriculture.

B. Approved slaughtering establishments with state meat inspection service and establishment numbers, and meat processors with assigned establishment numbers, shall use the inspection stamps on their processed meats and meat food products offered for sale.

C. The meat inspection stamps shall at all times be under the immediate jurisdiction of the meat inspector.

§ 3-2043 Assignment of inspectors

Slaughtering establishments granted state meat inspection service shall notify the chief veterinary meat inspector of their hours of slaughter, and the chief veterinary meat inspector shall assign inspectors to said establishments to conduct meat inspection. The chief veterinary meat inspector may assign one inspector to conduct inspection at two or more slaughtering establishments having state meat inspection service where the animals slaughtered are less than one hundred head per week at each establishment. The hours of the day and the days of the week shall be satisfactorily arranged with the slaughtering establishments so that the inspector is present at each establishment during all periods of slaughter. Slaughtering establishments wishing to slaughter in excess of eight hours in any one day or slaughter on holidays or Sundays may do so, and the chief veterinary meat inspector shall assign an inspector to conduct meat inspection. Slaughtering establishments shall pay fees to the department when such services are provided commensurate with actual wages incurred. No slaughtering establishment with state meat inspection service is permitted to slaughter any cattle, sheep, swine, goats, horses, mules or other equines unless there is an assigned inspector on the premises of the establishment during all periods of slaughter.

§ 3-2044 Antemortem and postmortem inspection

A. Slaughtering establishments which have state meat inspection service shall have an "antemortem inspection". The inspector assigned to the slaughtering establishment shall examine each animal immediately prior to slaughter for the purpose of eliminating all unfit animals and segregating, for more thorough examination, all animals suspected of being affected with a condition which might influence their disposition on postmortem inspection. The unfit animals shall not be permitted to enter the slaughtering department of the plant, and the suspected animals shall not be permitted to enter the slaughtering department until they have been found by veterinary inspection to be fit for slaughter. The suspected animals that are permitted to be slaughtered shall be handled separate and apart from the regular kill and given a special postmortem examination.

B. Slaughtering establishments which have state meat inspection service shall have a "postmortem inspection". The postmortem examination shall be made at the time the animals are slaughtered. The inspectors shall examine the cervical lymph glands, the skeletal lymph glands, the viscera and organs with their lymph glands, and all exposed surfaces of the carcasses of all cattle, calves, sheep, swine, goats, horses, mules or other equines. The examination shall be conducted in the slaughtering department of the plant during the slaughtering operations.

C. The chief veterinary meat inspector or any of his deputies shall have a state or federal laboratory make pathogenic examination of animals or parts thereof for completion of antemortem or postmortem inspection.

§ 3-2045 Condemnation and appeal

The inspector at slaughtering establishments with state meat inspection service shall condemn and so mark, stamp or tag all diseased or otherwise unfit carcasses and parts of carcasses, including the viscera. The condemned parts shall be removed from the slaughtering department of the plant in equipment designated for that purpose and shall be destroyed for food purposes under the supervision of the inspector. If any slaughtering establishment wishes to appeal a decision of an inspector as to carcasses or parts of carcasses which have been condemned, the establishment may appeal the decision to the chief veterinary meat inspector. If such establishment is not satisfied and wishes to make a further appeal, it may submit such appeal to the director. Except as provided in section 41-1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.

§ 3-2046 Meat inspection rules; violation; classification

A. The director shall adopt reasonable rules necessary to assure that all meat and meat products subject to inspection under this article which are to be sold or distributed for human consumption are free from unwholesome, poisonous or other foreign substances and filth, insects or disease causing organisms. The rules shall provide reasonably necessary measures governing the production, processing, labeling, storing, handling and transportation of such products. The rules shall prescribe minimum standards for the sanitary facilities and conditions which shall be maintained at any plant, packing house or abattoir and in any truck or other vehicle in which meat or meat products are produced, processed, stored, handled or transported.

B. The director upon the advice of the chief veterinary meat inspector shall adopt reasonable rules, including, but not limited to, what the antemortem and postmortem inspection shall consist of, to carry out the purposes of this chapter. The rules shall conform so far as possible to the rules governing meat inspection of the United States department of agriculture. To the extent deemed appropriate by the director the rules may incorporate by reference existing federal meat inspection regulations, but in no case shall the rules exceed the requirements of the United States department of agriculture. All rules adopted to implement this section shall be adopted in compliance with title 41, chapter 6.

§ 3-2047 Application for state meat inspection service

Any slaughtering establishment which wishes to conduct its slaughtering operations under state meat inspection service shall apply to the division for a license to slaughter as provided in section 3-2002. Establishments shall then make written application to the division requesting state meat inspection service. The associate director upon receipt of the application shall request the chief veterinary meat inspector to make an inspection of the premises of the slaughtering establishment making application. If the establishment is found clean and sanitary and meets the requirements of the provisions of this chapter, the associate director shall authorize the granting of state meat inspection service to the applicant. The division shall then assign an official establishment number to the approved slaughtering establishment to be used to mark the meat of the carcass and parts of carcasses which are offered for sale.

§ 3-2048 Inspection of slaughtering establishments without state meat inspection service

The chief veterinary meat inspector or his deputies are authorized to inspect the premises of all other slaughtering establishments operating without state meat inspection service at any time during their slaughtering operations. At least two inspections shall be made each year and additional inspections may be made if it is deemed necessary. If any slaughtering establishment is found to be unsanitary or conducting its slaughtering operations in an unsanitary or unwholesome manner so as to endanger the public health, or slaughtering animals unfit for human consumption, the associate director may suspend or revoke the license to slaughter as provided in section 3-1206. This section shall not in any way alter the powers of the department of health services in connection with slaughtering establishments.

§ 3-2049 Inspection fees

A. The cost of inspection shall be borne by this state, except as provided in section 3-2015 and except that the cost of overtime and holiday work performed in establishments subject to the provisions of this chapter, at such rates as the division may determine, shall be borne by such establishments. Sums received by the department in reimbursement for sums paid out by it for such premium pay work shall be available to carry out the purposes of this section.

B. Any slaughtering establishment or meat processor may request in writing a hearing to determine the reasonableness or unreasonableness of the inspection fees required. A hearing officer shall conduct these hearings.

C. Inspection of meat and meat by-products for animal food which require a certificate or seal may be performed after payment of a reasonable fee.

D. All monies collected by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-2050 Requirements for exempt processors

All exempt processors shall be licensed by the division pursuant to section 3-2003 and shall operate in a clean and sanitary condition during all periods of operation. The following are the minimum requirements for such establishments:

Each establishment shall have sanitary floors impervious to water.
All outside windows and doors shall be screened adequately and effectively.
There shall be an adequate supply of potable water and it shall conform with the minimum requirements of the department of health services.
There shall be an adequate sewage disposal system of such a type as not to be a breeding place for flies and not to constitute a hazard or to endanger public health and it shall conform with the minimum requirements of the department of health services.
The establishment shall be kept in a sanitary condition during all periods of slaughter.

§ 3-2051 Requirements for slaughtering establishments with state meat inspection service

A. All slaughtering establishments licensed by this state to slaughter cattle, sheep, swine, goats, horses, mules or other equines and which operate under state meat inspection service shall be kept in a clean and sanitary condition during all periods of operation. The following are the minimum requirements for such slaughtering establishments:

There shall be ample potable hot and cold water with adequate facilities for its distribution in the plant and it shall conform with the minimum requirements of the department of health services. The hot water shall be not less than one hundred eighty degrees Fahrenheit and shall be furnished and used for the cleaning of inspection equipment and other equipment, floors and walls.
There shall be an efficient drainage and plumbing system for the plant and there shall be an adequate sewage disposal system of such a type as not to be a breeding place for flies and not to constitute a hazard or to endanger public health. Both systems shall conform with the minimum requirements of the department of health services.
The floors, walls, ceilings, partitions, posts, doors and other parts of all structures shall be of such materials, construction and finish as will make them susceptible of being readily and thoroughly cleaned. The floors shall be tile, cement or a type to be impervious to water and shall have adequate drainage.
All outside windows and doors shall be adequately and effectively screened.
There shall be adequate lighting, natural or artificial, of good quality and well-distributed and sufficient ventilation for all rooms to insure sanitary conditions.
The slaughtering establishment shall be kept free from flies, rats, mice and other vermin. Dogs and cats shall be excluded from the plants.
There shall be provided tables, benches and other equipment on which inspection is performed so as to enable inspectors to conduct their inspection in an efficient, clean manner. Racks, receptacles, paunch trucks or other suitable devices for retaining such parts as the head, tongue, tail, thymus gland and viscera to enable the inspectors to properly conduct a postmortem examination shall also be provided.
Each slaughtering establishment shall have sufficient numbers of beef shrouds so that they may be laundered and cleaned between each use.
Each slaughtering establishment shall have a bleeding rail and hoist of such a construction that there will result proper bleeding after slaughter.
Each slaughtering establishment shall provide toilets, wash basins, towels, hot and cold running water and soap for their employees with separate facilities when both sexes are employed. Toilets and wash basins shall be kept in a sanitary condition. The rooms in which the toilet facilities are located shall be properly ventilated and shall be separated from the rooms in which animals are slaughtered and meat or meat food products are prepared.
Slaughtering establishments shall meet the requirements prescribed by this section and in addition shall comply with the building requirements of the federal meat inspection service.

B. All slaughtering establishments engaged in the sale of meat for human consumption shall be under the inspection service of either this state or the federal government.

§ 3-2052 Construction and remodeling of slaughtering establishments

A. Any person wishing to construct a slaughtering establishment and wishing to be granted state meat inspection service shall submit his proposed plant architectural drawings to the chief veterinary meat inspector who shall examine them and advise as to whether or not the plans meet the requirements of this chapter and whether they conform with the minimum requirements of the department.

B. Slaughtering establishments which have been granted state meat inspection service and which intend to do any remodeling of their slaughtering facilities shall submit their architectural drawings of such proposed remodeling to the chief veterinary meat inspector who shall examine them and advise as to whether or not the plans meet the requirements of this chapter and whether they conform with the minimum requirements of the department.

§ 3-2053 Slaughtering and mixing prohibition

A. It is unlawful to slaughter horses, mules or asses in the same slaughtering establishment as cattle, sheep, swine or goats, or to bring horse meat or inedible meat or meat products into establishments where meat or meat food products are prepared for human consumption from the meat of cattle, sheep, goats or swine.

B. It is unlawful to add horse meat to meat or meat food products prepared from the meat of cattle, sheep, goats or swine.

§ 3-2054 Requirements for meat processors

A. Establishment of meat processors licensed to prepare and offer for sale meat or meat food products shall meet the following requirements:

The floors shall be of suitable finish so that they may be kept clean and sanitary.
There shall be washable walls.
All outside windows and doors shall be screened.
There shall be adequate potable water conforming with the minimum requirements of the department of health services.
Employees shall be provided with adequate toilet and hand washing facilities with both hot and cold running water and separate facilities when both sexes are employed.
There shall be an adequate sewage disposal system of such type that it shall not be a breeding place for flies and shall not constitute a hazard or endanger public health and it shall conform with the minimum requirements of the department of health services.

B. All such processing establishments shall be maintained in a sanitary condition and the plant and premises shall be subject to inspection by the chief veterinary meat inspector or his deputies at any time during their operation, whether it be by day or night, and to every part of such establishment. At least one inspection shall be made daily and additional inspections may be made if it is deemed necessary. If such premises are found to be in an unsanitary condition or the operations are being conducted in an unsanitary manner so as to endanger public health, the associate director may suspend or revoke the license of the processing establishment as provided in section 3-1206. Meat processors are not subject to overtime fees for inspections under this section.

C. Any meat processor other than a slaughtering establishment which wishes to be assigned an establishment number shall make a written application to the division for a number. The division upon receipt of the application shall request the chief veterinary meat inspector to make an inspection of the premises of the meat processor. If the establishment is found clean and sanitary and meets the requirements of subsection A of this section, the associate director shall authorize the granting of an establishment number to the applicant. Applicants granted the use of an establishment number shall:

Have a daily inspection visit by the chief veterinary meat inspector or one of his deputies.
Allow all meats used for processing to be subjected to reinspection and condemnation in whole or in part, if necessary.
Permit the inspectors to inspect all the operations in the processing of meat and meat food products so as to assure that such operations are being conducted in a clean and wholesome manner and in conformity with the provisions of this chapter.
Use only "Arizona inspected and passed" meats or United States department of agriculture inspected and passed meats in the preparation of all meat and meat food products.

D. A slaughtering establishment with state meat inspection service which processes meat or meat food products shall:

Allow all meats used for processing to be subjected to reinspection and condemnation in whole or in part, if necessary.
Permit the inspectors to inspect all the operations in the processing of meat and meat food products so as to assure that such operations are being conducted in a clean and wholesome manner and in conformity with the provisions of this chapter.
Use only "Arizona inspected and passed" meats or United States department of agriculture inspected and passed meats in the preparation of all meat and meat food products.

§ 3-2055 Cooperation with other public health authorities

A. In carrying out the provisions of this chapter the director shall request the advice of and consult with the sanitary engineer or other qualified employees of the department of health services and the state laboratory in matters relating to potability of water, sewage systems and other sanitary conditions of slaughtering and meat processing establishments which might endanger public health.

B. In carrying out the provisions of this chapter, the associate director shall require the chief veterinary meat inspector or any of his deputies to advise him when any licensee in the opinion of such inspector fails to meet the minimum requirements of the department. The associate director may make an inspection of such premises, and if he confirms the findings of the chief veterinary meat inspector or the inspector's deputies, the associate director shall serve notice that the licensee's license to slaughter, state meat inspection service or assignment number will be suspended as provided in section 3-2096.

C. In carrying out the provisions of this chapter the director shall require the chief veterinary meat inspector, or any of his deputies, to advise the department of health services when any licensee, in the opinion of such inspector, fails to meet the minimum requirements of the department of health services. The department of health services may send its proper public health officer to make an inspection of such premises. If the department of health services inspector confirms the findings of the chief veterinary meat inspector or the inspector's deputies, the associate director shall serve notice that the licensee's license to slaughter, state meat inspection service or assignment number will be suspended as provided in section 3-2096.

D. The department shall cooperate with all state, local and municipal health authorities in requiring all slaughtering establishments and meat processing plants to maintain sewage systems which shall not contaminate water supplies and shall not endanger public health.

§ 3-2056 Inspection of meat; reentry inspection

A. All meat sold within this state shall be inspected by the department or the United States department of agriculture.

B. All meat or meat food products which may be brought into any slaughtering, meat canning, salting, packing, rendering or similar establishment shall be inspected for wholesomeness, cleanliness and markings by the agency or the United States department of agriculture before use. This inspection shall be made to all such products which, after having been issued from any slaughtering, meat canning, salting, packing, rendering or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.

§ 3-2057 Transportation of meat

No person, firm or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

Slaughter any such animals or prepare any such articles which are capable of use as human food at any establishment preparing any such articles for intrastate commerce, except in compliance with the requirements of this chapter.
Sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce any such articles which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation or receipt for transportation, or any articles required to be inspected under this title unless they have been so inspected and passed.
Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.

§ 3-2058 Inspection of sanitation

The director shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat-canning, salting, packing, rendering or similar establishments in which cattle, sheep, swine, goats, horses, mules and other equines are slaughtered and the meat and meat food products thereof are prepared for sale as may be necessary to determine the sanitary conditions of the establishment, and to prescribe the rules of sanitation under which such establishments shall be maintained. If the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, the director shall refuse to allow such meat or meat food products to be labeled, marked, stamped or tagged as "inspected and passed."

Article 3 Sale of Meat

§ 3-2081 Licenses for sale or exchange of meat or poultry; fee; records kept by licensee; expiration of license; violation; classification

A. A person, firm or corporation that engages in the business of meat or poultry processing, wholesaling, storing in or for intrastate commerce, transporting in intrastate commerce, distributing, jobbing or brokering other than canned meat or poultry or canned meat or poultry products, except a home consumer, shall, before offering such meat or poultry or meat or poultry food products for sale or exchange, after complying with the minimum requirements of the director, procure a license from the division, for which he shall pay an annual license fee of ten dollars for each place of business, store, stand, market or vehicle in or from which the meat is to be sold or exchanged and shall keep a record of the name and address of each person from whom the licensee obtained such meat or meat food products, the date of purchase, quantity and kind of meat purchased and time and place of purchase. Upon request by an inspector or peace officer, the licensee shall exhibit the record to him. The record shall be retained for one year.

B. All licenses issued under the provisions of this article shall expire on December 31 of the year in which issued.

C. The following persons, firms and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses and all persons, firms and corporations subject to such requirements shall at all reasonable times upon notice by a duly authorized representative of the department afford such representative access to their places of business and opportunity to examine the facilities and inventory and to take reasonable samples of their inventory upon payment of the fair market value:

Any persons, firms or corporations that engage in the business of slaughtering any cattle, sheep, swine, goats, horses, mules or other equines or preparing, freezing, packaging or labeling any carcasses or parts or products of carcasses of any such animals for use as human food or animal food.
Any persons, firms or corporations that engage in the business of buying or selling as meat brokers, wholesalers or otherwise or transporting or storing or importing any carcasses or parts or products of carcasses of any such animals.
Any persons, firms or corporations that engage in business as renderers or engage in the business of buying, selling, transporting or importing any dead, dying, disabled or diseased cattle, sheep, swine, goats, horses, mules or other equines or parts of the carcasses of any such animals that died otherwise than by slaughter.

D. Any record required to be maintained by this section shall be maintained for such period of time as the director may by rules prescribe.

E. A person violating any provision of this section is guilty of a class 2 misdemeanor.

§ 3-2082 Brand inspection of hides; violation; classification

A. The meat of livestock shall not be possessed, sold, offered for sale, given or exchanged unless the whole hide of the animal has been inspected for marks and brands and the meat thereof stamped as provided in this section, unless such hide inspection and meat stamping is waived by the director.

B. The hide of the animal shall be inspected for brands and marks and the hide marked as provided by the associate director so that it may be identified. The meat of the carcass shall be stamped "brand inspected" upon the hind quarter, side, shoulder, neck and shank of both sides of the carcass with a stamp adopted and furnished by the division.

C. This section shall not apply to producers who slaughter livestock for the purpose of using the meat as food for themselves or their immediate family or employees, nor shall this section be construed to require that meat bearing a federal or state meat inspection stamp be stamped as provided in this section unless the possessor so desires.

D. A person who violates any provision of this section is guilty of a class 2 misdemeanor.

§ 3-2083 Authority of inspector to search for and seize unstamped meat

Inspectors may stop and search without warrant any vehicle, and may search without warrant any container which the inspector suspects contains unstamped meat, and if any is found it shall be taken by the inspector. Unless proof is submitted within twenty-four hours after such seizure which satisfies the inspector that the person from whom the meat was taken is the lawful owner thereof, such meat shall be forfeited to the state and sold or disposed of by the agency.

§ 3-2084 Detention of product

Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled or diseased cattle, sheep, swine, goat or equine is found by any authorized representatives of the department upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of this or any other state or federal law or that it has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period of not to exceed twenty days, pending action under section 3-2085 or notification of any federal, state or other governmental authority having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so detained until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the division that the article or animal is eligible to retain such marks.

§ 3-2085 Condemnation of product

A. Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled or diseased cattle, sheep, swine, goat or equine, that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and is or has been processed, sold, transported or otherwise distributed or offered or received for distribution in violation of this chapter, or is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned at any time on a libel of information in the superior court in any county within the jurisdiction of which the article or animal is found.

B. If the article or animal is condemned it shall after entry of the decree be disposed of by destruction or sale as the court may direct and the proceeds if sold less the court costs and fees, and storage and other proper expenses, shall be deposited, pursuant to sections 35-146 and 35-147, but the article or animal shall not be sold contrary to the provisions of this chapter, or the federal meat inspection act or the federal food, drug and cosmetic act, provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to this chapter or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the department as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person intervening as claimant of the article or animal.

C. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.

§ 3-2086 Transfer of license without fee

If any person acquires a business licensed pursuant to this chapter to wholesale meat, with the goodwill of the business, and continues to operate the business in substantially the same manner, in the same location and under the same firm name, the division may transfer the license to the new owner, on written application, without payment of a license fee if the new owner submits an affidavit stating, under penalty of perjury, that the new owner will comply with the law and will not slaughter animals or sell, exchange or expose meat for sale except according to law and the rules of the director.

§ 3-2087 Sales to state institutions

Meat of the carcasses or parts of carcasses of cattle, sheep, goats or swine for human consumption shall not be served in or sold to any state institution unless the carcasses or part of carcasses bear the inspection stamp "Arizona inspected and passed" or bear the inspection stamp of the United States department of agriculture. State institutions which raise their own livestock may slaughter and use meats derived therefrom subject to inspection as required in article 2 of this chapter and this article.

§ 3-2088 Requirements for processed, blended or prepared meat and meat food products; violation; classification

A. The director shall adopt rules fixing and establishing the contents of processed meats and meat food products including the percentage of meats and nonmeat ingredients which may be contained in processed meats, but the percentage of meats prescribed by rule to be contained in processed meats and meat food products shall not exceed the maximum percentages prescribed by the United States department of agriculture. A processed meat product fabricated from two or more ingredients shall bear a list of the ingredients giving the common or usual names of the ingredients arranged in the order of their predominance. A person who violates a rule adopted under this subsection is guilty of a class 3 misdemeanor.

B. The director may prescribe by rule conditions under which carcasses, parts of carcasses, meat and meat food products of any livestock that are capable for use as human food shall be stored or otherwise handled by a person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting such articles if the director deems the action to be necessary to assure that the articles will not be adulterated or misbranded when delivered to the consumer.

C. All processed, blended or otherwise prepared meat or meat food products which are packed in any can, pot, tin, box, canvas or other receptacle or covering constituting an immediate or true container, shall be labeled. Plain wrappings used solely to protect the product against spoiling during delivery and storage need not bear a label. Labels shall contain, prominently and informatively, the following:

The true name of the product.
The word "ingredients" followed by a list of the ingredients when the product is fabricated from two or more different types of meat or meat food products.
The name and place of business of the manufacturer or distributor.
An accurate statement of the quantity of contents.
The inspection number and stamp of the slaughtering establishment operating under state meat inspection service or the inspection number and stamp of the meat processor operating with an assigned establishment number.

D. There shall be no preservatives used in any meat or meat food products unless such preservatives have been approved by the United States department of agriculture. Specifically, all sulfates and sulfites are prohibited from use in any meat or meat food products.

E. Any artificial coloring which is used by a processor of any meat or meat food product shall have been approved by the United States department of agriculture.

F. Meats and meat food products shall not be adulterated or misbranded.

G. No meat or meat food product which has not been inspected shall be mixed in any way with any meat or meat food product which has been inspected when such meats or meat food products are offered for sale.

H. The provisions of this section shall apply to any person who slaughters, mixes, blends, cans, cures or otherwise prepares meat or meat food products. It shall include slaughterers, meat processors, wholesalers, retailers, jobbers, lockerplants, peddlers and sausage makers.

§ 3-2089 Vehicles

Every vehicle used by any slaughterer, meat or poultry processor, wholesaler, jobber or peddler in the transporting of dressed carcasses of animals intended for human consumption, parts thereof, meats or meat food products shall be maintained in a clean and sanitary condition, shall comply with the minimum requirements of the director and shall be subject to inspection by the chief veterinary meat inspector or his employees.

§ 3-2090 Exemptions

A. Retailers selling meat or meat food products to the ultimate consumer shall be exempt from the provisions of section 3-2088. The department of health services shall regulate the sale of meat and meat food products on the retail level pursuant to section 36-136.

B. Slaughtering or processing establishments operating under the supervision of the United States department of agriculture shall be exempt from those portions of this chapter relating to plant and equipment inspections, ante-mortem and post-mortem inspections and disposal of carcasses, but slaughtering or processing establishments shall comply with the provisions of this chapter relating to licensing fees charged to such establishment as well as the requirements relating to brand inspection.

C. Nothing in this chapter shall be construed so as to prevent incorporated cities or towns from charging their customary license fees to slaughtering establishments, processors, wholesalers, jobbers or peddlers of meat and meat food products.

§ 3-2091 Nonlimitation of sale

A. Slaughtering establishments with state meat inspection service and with an assigned establishment number, and meat processors with an assigned establishment number, may sell their meat or meat food products any place within the state without regard to the laws and ordinances of any city or town relating to inspection of meat, meat processing or slaughtering establishments.

B. Slaughtering establishments whose meat and meat food products bear the inspection stamp of the United States department of agriculture may sell their meat or meat food products any place in the state without regard to the laws or ordinances of any city or town relating to the inspection of meat or slaughtering establishments.

§ 3-2092 Violation; classification

Any person who violates any provision of this chapter for which a specific criminal classification is not prescribed is guilty of a class 2 misdemeanor.

§ 3-2093 Reporting violations

Before any violation of this chapter is reported by the director for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the director to report for criminal prosecution minor violations of this chapter whenever he believes that the public interest will be adequately served and compliance obtained by a suitable written notice or warning.

§ 3-2094 Inspections

The division may conduct such inspections as it deems necessary to discover illegal meat or illegal meat food products and such inspections as it deems necessary in counties where the associate director determines that an adequate sanitary inspection is not conducted.

§ 3-2095 Investigation of violations

A. The division may conduct investigations as deemed necessary to determine whether any person has violated any provision of or rule issued under this chapter.

B. Any person may request a hearing pursuant to title 41, chapter 6, article 10 on a notice of violation of this chapter or any rule adopted under this chapter.

§ 3-2096 Disciplinary actions

A. The associate director may suspend or revoke any license, permit, establishment number or meat inspection service granted under this chapter for any of the following reasons:

Violation of this chapter.
Violation of any rule issued pursuant to this chapter, including any existing federal meat inspection regulation incorporated by reference and adopted by the director.
Violation of title 36, chapter 8, article 1 or any provision of title 44, chapter 10, article 7.
Conviction of any offense under this chapter or title 36, chapter 8, article 1 or any offense involving fraud or misrepresentation.

B. Prior to taking any action under subsection A, the associate director shall provide a written notice stating the nature of the charge or charges against the holder of a license, permit, establishment number or meat inspection service granted under this chapter. The notice shall be served either personally or by mailing a copy thereof, certified mail, to the address last known to the department or to the chief veterinary meat inspector. The notice shall also inform the person of the right to a hearing on the action pursuant to title 41, chapter 6, article 10.

C. When the administrative law judge determines that a person who has a license, permit, establishment number or meat inspection service is subject to suspension or revocation for any reasons provided, the administrative law judge may, instead of suspending or revoking the license, permit, establishment number or meat inspection service, impose a civil penalty of not more than one thousand dollars for each violation as specified in subsection A. The administrative law judge may also, in combination with or in lieu of the civil penalty, impose probation with the period and conditions deemed necessary to protect the public health and safety and to allow the person on whom the probation is imposed to rectify the conditions found by the department.

§ 3-2097 Prosecution of violations

The attorney general or the county attorney of the county in which the violation occurs may prosecute any violation reported pursuant to this chapter. The city attorney may prosecute misdemeanor violations of this chapter in the city where the violation occurred.

§ 3-2098 Suspension, revocation or wrongful closure; review or special action; compensation

A. A meat processor, meat wholesaler or jobber or a slaughterer whose license is suspended or revoked, or whose place of business or any portion thereof is closed by order of the director may seek a special action or a review by a court of the action pursuant to section 12-348.

B. If, as a result of the special action or review of the suspension, revocation or closure the finding is made that the suspension, revocation or closure by the director was in error, the meat processor, meat wholesaler or jobber or slaughterer affected shall receive an award from the state in an amount fixed by the court sufficient to provide compensation for losses suffered owing to the suspension, revocation or closure, in addition to any other awards that can be made pursuant to section 12-348.

Article 4 Horsemeat

§ 3-2121 Definitions

In this article, unless the context otherwise requires:

"Horse" includes horse, ass, mule and burro.
"Horsemeat" means meat from a horse, ass, mule or burro, or any product derived wholly or partially from such animal.
"Slaughterhouse" or "establishment" means a house or place in which horses, asses, mules or burros are slaughtered, packed or processed.

§ 3-2122 License to slaughter horses for human consumption; application; records required; appointment of inspectors

A. A license shall be obtained from the division before slaughtering a horse for human consumption.

B. Application for a license to conduct a slaughterhouse for the slaughter of horses for human consumption shall be submitted to the division on a form prescribed by the department. The application shall contain the information the department deems necessary including a statement that the applicant will comply with the requirements of law and the rules of the director relating to the slaughter, processing, packing or preparation of meat food products made for human consumption from horsemeat, and shall be accompanied by the filing fee required for an application to conduct a slaughterhouse pursuant to article 1 of this chapter.

C. The holder of a slaughterhouse license issued under the provisions of this article or a person handling horsemeat for resale shall maintain a record of the live and dressed weight, the date and from whom each horse was received.

D. A complete record of the sale of horsemeat shall be maintained for a period of one year, showing the name and address of each customer and the amount and date of each sale. All records required by this section shall be open for inspection by the department, the department of health services or an authorized agent thereof.

E. Inspectors appointed under article 2 of this chapter may also serve as inspectors under this article, as assigned by the department.

§ 3-2123 Slaughterhouses and processing houses; separation from other meat handling; inspection; hearing; revocation of license; exemption of retailers

A. The slaughtering of horses and preparation, processing, packing and storing of horsemeat and horsemeat products shall be conducted in a house or establishment separate from a house or establishment in which cattle, sheep, swine or goats are slaughtered or prepared, or any meat or meat food products thereof are prepared or handled.

B. Establishments for the slaughter of horses or the preparation and processing of horsemeat and horsemeat products shall at all times, whether in operation or not, be subject to and accessible for inspection by inspectors of the division for the purpose of ascertaining the sanitary condition thereof.

C. The premises of a slaughterhouse or establishment shall be kept in a sanitary condition. If the sanitary conditions of such an establishment are such that the horsemeat or horsemeat food products handled therein are rendered unclean, unsound, unhealthful, unwholesome or unfit for human food, the examining inspector shall refuse to allow the horsemeat or horsemeat food products to be labeled, marked or stamped as inspected and passed.

D. An operator of a slaughterhouse or establishment who fails to keep it in a sanitary condition or to comply with the rules of the director or the orders issued by an inspector of the department shall be reported, and the associate director may, in his discretion, revoke the license of the offending operator, subject to the right to a hearing pursuant to title 41, chapter 6, article 10.

E. Nothing in subsections A and B shall be construed to prevent a person or establishment engaged in the selling of meat to the ultimate consumer exclusively at retail from storing, cutting, slicing, grinding, trimming or boning horsemeat in preparation for sale at retail in such establishment.

§ 3-2124 Inspection of horses before and after slaughter; condemnation of unfit products

A. There shall be an antemortem and a postmortem inspection of each horse slaughtered.

B. A horse found either upon antemortem or postmortem inspection or examination to be afflicted with strangles, purpura, hemorrhagica, azoturia, forage poison or cerebrospina meningitis, dourine, acute influenza, generalized osteoporosis, glanders, farcy or other malignant disorder, acute inflammatory lameness or extensive fistula shall be condemned. A horse suspected, upon antemortem inspection, of being infected with glanders shall be tested with mallein, and a horse which on physical examination is suspected of being infected with dourine, shall be held for further examination or for such test as the state veterinarian prescribes. A horse or horsemeat product found unwholesome, unclean, unsound or otherwise unfit for human consumption shall be condemned and the inspector may order it destroyed.

C. All horsemeat sold for human consumption shall be inspected by the state veterinarian or a deputy thereof. The inspector and authorized employees of the department and the department of health services shall have access, for purposes of inspection, to any place in which horses are being slaughtered or horsemeat is being processed, prepared, packed or offered for sale.

§ 3-2125 Labeling of horsemeat; requirements

A. Carcasses of horses slaughtered for human consumption shall be stamped on each standard cut, "horsemeat." All horsemeat food products shall be conspicuously branded, marked, tagged or labeled, "horsemeat" or "horsemeat product."

B. The labels for horsemeat or horsemeat food products shall be printed on light green paper and shall bear the words "horsemeat" or "horsemeat product," followed by, "the horsemeat or horsemeat food product contained herein has been inspected and passed by the state of Arizona."

§ 3-2126 Signs required for sale of horsemeat

A. It is unlawful to offer horsemeat for sale for human consumption unless there is prominently displayed in conjunction therewith a sign bearing the words, in letters not less than eight inches in height and three inches in width, "horsemeat for human consumption." A restaurant or other public eating place offering horsemeat for human consumption shall have stamped on its menu, in green letters not less than one-half inch in height and one-fourth inch in width, and shall display in a conspicuous place, in letters not less than four inches in height and one-half inch in width, a sign bearing the words "horsemeat served here."

B. When a sign containing the words "horsemeat," "pet food," "pet meat," or any other words meant to signify horsemeat or pet food containing horsemeat not for human consumption is displayed on the outside or inside of an establishment offering for sale or on a vehicle delivering such products, there shall be displayed in conjunction therewith a sign, in letters at least equal in size, bearing the words, "horsemeat not inspected for human consumption."

§ 3-2127 Segregation of horsemeat products sold at retail from other meat products

All horsemeat or horsemeat products sold at retail shall be sold from a case separate from that which contains the flesh of cattle.

§ 3-2128 Sale of horsemeat not for human consumption in hermetically sealed container or frozen package

Horsemeat not offered for sale for human consumption which is cooked and packed in a hermetically sealed container or frozen in a properly labeled package and kept intact in the original container may be sold in retail establishments where other meats are sold for human consumption.

§ 3-2129 Sale of horsemeat to state institutions prohibited

Horsemeat shall not be served in or sold to state institutions for human consumption.

§ 3-2130 Unlawful use of horsemeat

It is unlawful to slaughter a horse for human consumption, or to prepare, process, can, cure, smoke, salt, render or pack, or sell or offer for sale for human consumption horsemeat or any product derived in whole or in part therefrom except in accordance with the provisions of this article.

§ 3-2131 Violation; classification

A. A person who knowingly sells horsemeat as beef or who sells beef or beef products adulterated with horsemeat as beef or who violates section 3-2123, subsection A or section 3-2127 is guilty of a class 1 misdemeanor.

B. Violation of any provision of this article other than that prescribed by subsection A of this section is a class 2 misdemeanor.

§ 3-2132 Labeling of equines other than horses

No person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation any carcasses of mules, or equines other than horses, or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules prescribed by the director to show the kinds of animals from which they were derived. When required by the director, with respect to establishments at which inspection is maintained under this chapter, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, sheep, swine or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.

Article 5 Poultry

§ 3-2151 Definitions

In this article, unless the context otherwise requires:

"Adulterated" shall apply to any poultry product under one or more of the following circumstances if:

(b) It bears or contains, by reason of administration of any substance to the live poultry or otherwise, any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive which may in the judgment of the director or the director's authorized representative make such article unfit for human food.

(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the federal food, drug and cosmetic act, any food additive which is unsafe within the meaning of section 409 of the federal food, drug and cosmetic act or any color additive which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic act. An article which is not otherwise deemed adulterated under this subdivision shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by rules of the director in official establishments.

(d) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.

(e) It has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(f) It is in whole or in part the product of any poultry which has died otherwise than by slaughter.

(g) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

"Animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or parts or products of the carcasses of poultry.
"Capable of use as human food" shall apply to any carcass or part or product of a carcass of any poultry, unless it is denatured or otherwise identified as required by rules prescribed by the director to deter its use as human food, or it is naturally inedible by humans.
"Container" or "package" includes any box, can, tin, cloth, plastic or other receptacle, wrapper or cover.
"Federal food, drug and cosmetic act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto.
"Federal poultry products inspection act" means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the wholesome poultry products act (82 Stat. 791).
"Fresh" means any dressed or ready to cook poultry or poultry product which has not been frozen.
"Frozen" means any dressed or ready to cook poultry or poultry product which is in fact in a frozen state and which has been constantly maintained at a temperature of thirty-two degrees Fahrenheit or lower.
"Immediate container" includes any consumer package, or any other container in which poultry products, not consumer packaged, are packed.
"Intrastate commerce" means commerce within this state.
"Label" means a display of written, printed or graphic matter upon any article or the immediate container, not including package liners, of any article.
"Labeling" means all labels and other written, printed or graphic matter upon any article or any of its containers or wrappers or accompanying such article.
"Misbranded" shall apply to any poultry product under one or more of the following circumstances, if:

(a) Its labeling is false or misleading in any particular.

(b) It is offered for sale under the name of another food.

(c) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food imitated.

(d) Its container is so made, formed or filled as to be misleading.

(e) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rules of the director under section 3-2155 unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food.

(f) It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the director under section 3-2155, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard.

(g) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by rules of the director.

(h) It fails to bear on its containers, and in the case of nonconsumer packaged carcasses if the director so requires directly thereon, as the director may by rules prescribe, the official inspection legend and official establishment number of the establishment where the article was processed.

"Official certificate" means any certificate prescribed by rule of the director for issuance by an inspector or other person performing official functions.
"Official device" means any device prescribed or authorized by the director for use in applying any official mark.
"Official establishment" means any establishment as determined by the division at which inspection of the slaughter of poultry or the processing of poultry products is maintained.
"Official inspection legend" means any symbol prescribed by rule of the director showing that an article was inspected for wholesomeness.
"Official mark" means the official inspection legend or any other symbol prescribed by rule of the director to identify the status of any article or poultry.
"Person" means any individual, partnership, corporation, association or other business unit.
"Pesticide chemical", "food additive", "color additive" and "raw agricultural commodity" shall have the same meanings as under the federal food, drug and cosmetic act.
"Poultry" means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs.
"Poultry product" means any poultry carcass, or part thereof, or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the director from definition as a poultry product under such conditions as the director may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.
"Poultry products broker" means any person engaged in the business of buying or selling poultry products on commission or otherwise negotiating purchases or sales of such articles other than for the person's own account or as an employee of another person.
"Processed" means slaughtered, canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured or processed.
"Renderer" means any person engaged in the business of rendering carcasses or parts or products of the carcasses of poultry, except rendering conducted under inspection or exemption under this chapter.
"Shipping container" means any container used or intended for use in packaging the product packed in an immediate container.

§ 3-2152 State and federal cooperation

A. The department is designated as the state agency which shall be responsible for cooperating with the secretary of agriculture of the United States under the provisions of section 5 of the federal poultry products inspection act.

B. In such cooperative efforts, the department is authorized to accept from the secretary of agriculture advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment, and financial and other aid for administration of such a program. The department may spend public funds of this state appropriated for administration of this chapter to pay such share of the estimated total cost of the cooperative program as may be agreed upon by the director and the secretary of agriculture.

C. The director may recommend to the secretary of agriculture such officials or employees of this state as the director shall designate for appointment to the advisory committees provided for in section 5 of the federal poultry products inspection act. The director shall serve as the representative of the governor for consultation with the secretary of agriculture under this subsection unless the governor selects another representative.

§ 3-2153 Antemortem and postmortem inspection; reinspection and quarantine

A. For the purpose of preventing the entry into or flow or movement in intrastate commerce of any poultry product which is capable of use as human food and is adulterated, the division shall, where and to the extent considered by it necessary, cause to be made by inspectors antemortem inspection of poultry in each official establishment engaged in processing poultry or poultry products solely for intrastate commerce.

B. The division, whenever processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the carcass of each bird processed, and at any time such quarantine, segregation and reinspection as it deems necessary of poultry and poultry products capable of use as human food in each official establishment engaged in processing such poultry or poultry products solely for intrastate commerce.

C. All poultry carcasses and parts thereof and other poultry products found to be adulterated shall be condemned and shall, if no appeal is taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector, provided that carcasses, parts, and products, which may by reprocessing be made not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated. If an appeal is taken from such determination, the carcasses, parts or products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the associate director determines that the appeal is frivolous. If the determination of condemnation is sustained the carcasses, parts and products shall be destroyed for food purposes under the supervision of an inspector.

§ 3-2154 Sanitation, facilities and practices

A. Each official establishment slaughtering poultry or processing poultry products solely for intrastate commerce shall be operated in accordance with such sanitary practices as are required by rules adopted by the director for the purpose of preventing the entry into or flow or movement in intrastate commerce of poultry products which are adulterated.

B. The department shall refuse to render inspection to any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.

§ 3-2155 Labeling and containers; standards

A. All poultry products inspected at any official establishment and found to be not adulterated shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate containers as the division may require the information required under section 3-2151, paragraph 13. In addition, the department, if it determines such action is practicable and necessary for the protection of the public, may require nonconsumer packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under section 3-2151, paragraph 13.

B. No article shall be sold or offered for sale by any person in intrastate commerce under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the division are permitted.

C. If the division has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article is false or misleading in any particular, it may direct that such use be withheld unless the marking, labeling or container is modified in such manner as the associate director prescribes so that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the division, such person may request a hearing, but the use of the marking, labeling or container shall, if the division so directs, be withheld pending a hearing and final determination by the director. Any such determination by the director shall be conclusive unless, within thirty days after receipt of notice of the final determination, the person adversely affected appeals to the superior court.

§ 3-2156 Prohibited acts

A. A person shall not:

Slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles solely for intrastate commerce, except in compliance with the requirements of this chapter.
Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any poultry products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation or receipt for transportation or any poultry products required to be inspected unless they have been so inspected and passed.
Do, with respect to any poultry products which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation which is intended to cause or has the effect of causing such products to be adulterated or misbranded.
Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce or from an official establishment any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with rules adopted by the director, except as may be authorized by rule.
Use to his own advantage, or reveal other than to the authorized representatives of the state government or any other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this chapter concerning any matter which is entitled to protection as a trade secret.

B. No brand manufacturer, printer, or other person shall cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the division.

C. A person shall not:

Forge any official device, mark or certificate.
Without authorization from the division use any official device, mark or certificate, or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate.
Contrary to the rules prescribed by the director, fail to use, or detach, deface or destroy, any official device, mark or certificate.
Knowingly possess, without promptly notifying the department or its representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged or improperly altered official mark.
Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the director.
Knowingly represent that any article has been inspected and passed or exempted, when in fact it has not been so inspected and passed or exempted.

§ 3-2157 Complete coverage of official establishments

No establishment processing poultry or poultry products solely for intrastate commerce shall process any poultry or poultry product capable of use as human food except in compliance with this chapter.

§ 3-2158 Articles not intended for human food; requirements for and regulation of intrastate commerce in dead, dying, disabled or diseased poultry; registration

A. Inspection shall not be provided at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by rules of the director to deter their use for human food. No person shall buy, sell, transport or offer for sale or transportation or receive for transportation in intrastate commerce any poultry carcasses or parts or products thereof which are not intended for use as human food unless they are denatured or otherwise identified as required by the rules of the director or are naturally inedible by humans.

B. The following classes of persons shall, for such period of time as the director may by rules prescribe, but not to exceed two years unless otherwise directed by the director for good cause shown, keep such records as are properly necessary for the effective enforcement of this article in order to insure against adulterated or misbranded poultry products for the consumer and all persons subject to such requirements shall at all reasonable times, upon notice by a duly authorized representative of the department, afford such representative access to their places of business and opportunity to examine the facilities, and inventory thereof, and to take reasonable samples of their inventory upon payment of the fair market value therefor:

Class 1. Any person that engages in the business of slaughtering any poultry or processing, freezing, packaging or labeling any carcasses or parts or products of carcasses of any poultry for intrastate commerce for use as human food or animal food.
Class 2. Any person that engages in the business of buying or selling as poultry products brokers, wholesalers or otherwise or transporting in intrastate commerce or storing in or for intrastate commerce any carcasses, or parts or products of carcasses, of any poultry.
Class 3. Any person that engages in business in or for intrastate commerce as a renderer, or engages in the business of buying, selling or transporting in intrastate commerce any dead, dying, disabled or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter.

C. No person shall engage in business in or for intrastate commerce as a poultry products broker, renderer or animal food manufacturer, or engage in business in intrastate commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for intrastate commerce, or engage in the business of buying, selling or transporting in intrastate commerce any dead, dying, disabled or diseased poultry, or parts of the carcasses of any poultry that died otherwise than by slaughter, unless, when required by rules of the director, he has registered with the division his name and the address of each place of business at which and all trade names under which he conducts such business.

D. No person engaged in the business of buying, selling or transporting in intrastate commerce dead, dying, disabled or diseased poultry, or any parts of the carcasses of any poultry that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce any dead, dying, disabled or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless such transaction or transportation is made in accordance with such rules as the director may prescribe to assure that such poultry, or the unwholesome parts or products thereof, will be prevented from being used for human food.

§ 3-2159 Violations; classification

A. Any person who violates section 3-2156, 3-2157, 3-2158 or 3-2161 is guilty of a class 1 misdemeanor, but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, except as defined in section 3-2151, paragraph 1, subdivision (i), such person is guilty of a class 6 felony. When construing or enforcing the provisions of this article omission or failure of any person acting for or employed by any individual, partnership, corporation or association within the scope of his employment or office shall in every case be deemed the act, omission or failure of such individual, partnership, corporation or association, as well as of such person.

B. No carrier shall be subject to the penalties of this article, other than the penalties for violation of section 3-2158, by reason of his receipt, carriage, holding or delivery, in the usual course of business as a carrier of poultry or poultry products owned by another person, unless the carrier has knowledge or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked or were otherwise not eligible for transportation or unless the carrier refuses to furnish on request of a representative of the department the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any, pertaining to the delivery of the poultry or poultry products to such carrier.

C. A person who violates a provision of this article for which a specific criminal classification is not prescribed is guilty of a class 2 misdemeanor.

§ 3-2160 Reporting violations

Before any violation of this article is reported by the department for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this article shall be construed as requiring the department to report for criminal prosecution minor violations of this article if it believes that the public interest will be adequately served and compliance obtained by a suitable written notice or warning.

§ 3-2161 Rules

A. The director may by rule prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, such articles, whenever the director deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such rule is prohibited.

B. The director shall adopt such other rules as are necessary.

C. When opportunity is afforded for submission of comments by interested persons on proposed rules, it shall include opportunity for oral presentation of views.

§ 3-2162 Exemptions and exceptions

A. The following shall be exempted from the provisions of this article:

Retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made.
Persons slaughtering, processing or otherwise handling poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws, to the extent that the director determines necessary to avoid conflict with such requirements while still effectuating the purposes of this article.
The slaughtering by any person of poultry of his own raising, and the processing by him and transportation of the poultry products exclusively for use by him and members of his household and his nonpaying guests and employees.
The custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation of the poultry products exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees, if the custom slaughterer does not engage in the business of buying or selling any poultry products capable of use as human food.
The slaughtering and processing of poultry products by any poultry producer on his own premises with respect to sound and healthy poultry raised on his premises and the distribution by any person of the poultry products derived from such operations, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean and fit for human food when so distributed.
The slaughtering of sound and healthy poultry or the processing of poultry products of such poultry by any poultry producer or other person for distribution by him directly to household consumers, restaurants, hotels and boarding houses for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean and fit for human food when distributed by such processor.

B. In addition to the specific exemptions authorized in subsection A, the director shall, when he determines that the protection of consumers from adulterated or misbranded poultry products will not be impaired by such action, provide by rule, consistent with subsection C, for the exemption of the operation and products of small enterprises including poultry producers, not exempted under subsection A, which are engaged in slaughtering or cutting up poultry for distribution as carcasses or parts thereof, solely for distribution within this state, from such provisions of this article as he deems appropriate, while still protecting the public from adulterated or misbranded products under such conditions, including sanitary requirements, as he prescribes.

C. The exemptions provided for in subsection A, paragraphs 4 and 5 shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in such paragraphs. No such exemption or an exemption under subsection B shall apply to any poultry producer or other person who slaughters or processes the products of more than five thousand turkeys or an equivalent number of poultry of all species in the current calendar year with four birds of other species being deemed the equivalent of one turkey.

D. The provisions of this article requiring inspection shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments, if no poultry or poultry products are processed at the establishment for distribution outside this state or otherwise subject to inspection under the federal poultry products inspection act.

E. This article does not apply to poultry producers with respect to poultry of their own raising on their own farms if such producers slaughter not more than two hundred fifty turkeys, or not more than an equivalent number of birds of all species, during the calendar year for which this exemption is being determined with four birds of other species being deemed the equivalent of one turkey or such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms, and such poultry moves only in intrastate commerce.

F. The adulteration and misbranding provisions of this article, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section, except as otherwise specified under subsection A, B or E.

G. The director may by order suspend or terminate any exemption under subsection A or B with respect to any person whenever he finds that such action will aid in effectuating the purposes of this article.

§ 3-2163 Entry of materials into official establishment

The department may limit the entry of poultry products and other materials into any official establishment under such conditions as it may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this article.

§ 3-2164 General provisions

A. The director may refuse to provide or may withdraw inspection service with respect to any establishment if he determines, after an opportunity for a hearing, that such applicant or recipient is unfit to engage in any business requiring inspection because the applicant or recipient or anyone responsibly connected with the applicant or recipient has been convicted, in any federal or state court, within the previous ten years of any felony or more than one misdemeanor under any law based upon the acquiring, handling or distributing of adulterated, mislabeled or deceptively packaged food or fraud in connection with transactions in food, or any felony involving fraud, bribery, extortion or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this subsection, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder or owner of ten per cent or more of its voting stock or employee in a managerial or executive capacity.

B. Upon the withdrawal of inspection service from any official establishment for failure to destroy condemned poultry products as required under section 3-2153, or other failure of an official establishment to comply with the requirements as to premises, facilities or equipment, or the operation thereof, as provided in section 3-2154, or the refusal of inspection service to any applicant therefor because of failure to comply with any requirements under section 3-2154, the applicant for or recipient of the service shall upon request be afforded opportunity for a hearing within five days with respect to the merits or validity of such action, but such withdrawal or refusal shall continue in effect unless otherwise ordered by the director.

C. The determination and order of the director when made after an opportunity for a hearing, with respect to withdrawal or refusal of inspection service, shall be final and conclusive unless the affected applicant for or recipient of inspection service appeals pursuant to title 41, chapter 6, article 10.

§ 3-2165 Detention of product

Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled or diseased poultry is found by any authorized representatives of the department upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of this or any other state or federal law or that it has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period of not to exceed twenty days, pending action under section 3-2166 or notification of any federal, state or other governmental authority having jurisdiction over such article or poultry, and shall not be moved by any person from the place at which it is located when so detained until released by such representative. All official marks may be required by such representative to be removed from such article or poultry before it is released unless it appears to the satisfaction of the division that the article or poultry is eligible to retain such marks.

§ 3-2166 Condemnation of product

A. Any poultry product or any dead, dying or disabled or diseased poultry that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and is or has been processed, sold, transported or otherwise distributed or offered or received for distribution in violation of this article, or is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned at any time on a libel of information in the superior court in any county within the jurisdiction of which the article or poultry is found. If the article or poultry is condemned it shall after entry of the decree be disposed of by destruction or sale as the court may direct and the proceeds if sold less the court costs and fees, and storage and other proper expenses, shall be deposited, pursuant to sections 35-146 and 35-147, but the article or poultry shall not be sold contrary to the provisions of this article, or the federal poultry products inspection act or the federal food, drug and cosmetic act, provided that upon the execution and delivery of a good and sufficient bond conditioned that the article or poultry shall not be sold or otherwise disposed of contrary to this article or the laws of the United States, the court may direct that such article or poultry be delivered to the owner thereof subject to such supervision by authorized representatives of the department as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or poultry and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person intervening as claimant of the article or poultry.

B. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this article or other laws.

§ 3-2167 Jurisdiction

The director is vested with jurisdiction specifically to enforce and to prevent and restrain violations, and shall have jurisdiction in all other kinds of cases arising under this article, except as provided in section 3-2155 or 3-2164. All proceedings for the enforcement or to restrain violations shall be by and in the name of this state.

§ 3-2168 Cost of inspection

The cost of inspection shall be borne by this state, except as provided in section 3-2152 and except that the cost of overtime and holiday work performed in establishments subject to the provisions of this article, at such rates as the director may determine, shall be borne by such establishments. Sums received by the department in reimbursement for sums paid out by it for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.

§ 3-2169 Limitation

Nothing in this article shall be construed to modify or repeal any provision of chapter 5 of this title, relating to the regulation of eggs and egg products.

Chapter 14 Predatory Animals and Rodents

Article 1 Control and Destruction

§ 3-2401 Control of destructive animals and noxious rodents; agreements and cooperation with federal agencies; exception

A. The director shall cooperate with the animal and plant health inspection service of the United States department of agriculture in the control and destruction or relocation of predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals that are injurious to livestock, poultry, game, agriculture, other industries and the public health in accordance with organized and systematic plans of the animal and plant health inspection service. For such purposes, the director shall enter into written agreements with the animal and plant health inspection service regarding the methods and procedure to be followed, the extent of supervision to be exercised by the state and federal agencies, respectively, and the use and expenditure of state funds. The director, in cooperation with the animal and plant health inspection service, may also enter into cooperative agreements with other governmental agencies and counties of the state to promote the control and destruction of predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals.

B. The authority to destroy predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals does not include big game animals as defined in section 17-101, except:

Bear and mountain lion taken pursuant to section 17-302.
To protect public health and safety.

§ 3-2402 Expenditures

A. The director may approve expenditures for equipment, materials, supplies, transportation and other expenses, including personal services, necessary to discharge the powers imposed by this article.

B. Claims drawn upon an appropriation made to carry out the provisions of this article shall be certified as to correctness by the state director of the federal animal damage control program or some person designated by him.

§ 3-2403 Disposition of furs, skins and specimens

All furs, skins or specimens taken by animal damage control specialists whose salaries are paid from any state appropriation made for the purpose of carrying out the provisions of this article shall be disposed of as the department determines to be for the best interest of the state, but if such items are sold the net proceeds shall be credited to the general fund of the state.

§ 3-2404 Purchase and disposition of rodent control supplies

A. The department, in cooperation with the United States animal and plant health inspection service, may purchase rodent control supplies, including rodent baits, equipment and materials, for use of cooperating governmental agencies and counties in the control of noxious rodents and related animals and make such supplies, baits, equipment and materials available, at approximate cost, to persons who cooperate in the program.

B. Receipts from the sale of such supplies, baits, equipment and materials shall be credited to the general fund of the state.

§ 3-2405 Powers of boards of supervisors

The boards of supervisors of the several counties may within their respective counties:

Control and destroy predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals as provided in section 3-2401.
Enter into cooperative agreements with the department and the animal and plant health inspection service of the United States department of agriculture.
Make necessary expenditures from any special, contingent or general county fund available for the purposes specified in this section.

§ 3-2406 Violation; classification

A person violating a provision of this article, or a rule or regulation adopted and promulgated thereunder, is guilty of a class 3 misdemeanor.

Chapter 15 Animal and Bird Feeds

Article 1 Commercial and Customer-Formula Feeds

§ 3-2601 Definitions

In this article, unless the context otherwise requires:

"ALIRT agreement" means the Arizona livestock incident response team agreement established between the department and a university under the jurisdiction of the Arizona board of regents.
"Brand" means the term, design or trademark and other specific designation under which an individual commercial feed is distributed in this state.
"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.
"Customer-formula feed" means a mixture of commercial feed or feed materials, or both, each batch of which is mixed according to the specific instructions of the final purchaser.
"Distribute" means to offer for sale, sell, barter or otherwise supply commercial feeds or customer-formula feeds, but does not include or apply to any feeds supplied for consumption on the premises of the supplier.
"Division" means the environmental services division of the Arizona department of agriculture.
"Feed ingredient" means each of the constituent materials making up a commercial feed.
"Label" means a display of written, printed or graphic matter on or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed.
"Official sample" means any sample of feed taken by the director or the director's agent and designated as official.
"Per cent" or "percentage" means percentage by weight.
"Person" includes an individual, partnership, corporation, firm, association or agent.
"Sell" or "sale" includes exchange.
"Ton" means a net weight of two thousand pounds avoirdupois.

§ 3-2602 Administration and enforcement

A. In addition to other duties imposed by law, the associate director of the division shall administer and enforce the provisions of this article under the supervision of the director.

B. The salaries and expenses of travel and subsistence for employees who administer and enforce this article shall be paid from the commercial feed trust fund.

§ 3-2603 Enforcement and administrative powers

A. The associate director may refuse to license or may cancel the license of any distributor in violation of this article. The director shall review the associate director's action on request of any person adversely affected by the action.

B. The director may, after a hearing:

Adopt rules:

(a) Requiring the guarantee of substances and elements when claimed present in a commercial feed, and declare the form in which the guarantee shall appear on the label.

(b) Setting forth acceptable descriptive terms by which ingredients shall be listed on the labeling when used as ingredients of a commercial feed or customer-formula feed.

(c) Requiring a statement of warning and directions for use of commercial feeds and customer-formula feeds containing drugs or chemicals.

(d) Establishing limits of viable weed seeds contained in commercial feed.

(e) Both administrative and technical, which the director deems necessary for the efficient administration of this article.

Cooperate with, and enter into agreements with, universities under the jurisdiction of the Arizona board of regents, other agencies of this state, other states and agencies of the federal government in order to carry out the purpose and provisions of this article, including the implementation and use of commercial feed trust fund monies to assist the efforts of an ALIRT agreement.
Exempt from the definition of commercial feed or from specific provisions of this article commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when those commodities, compounds or substances are not intermixed or mixed with other materials and are not adulterated within the meaning of section 3-2611.
Define weights in the metric system.

§ 3-2604 Publications; membership in professional organizations

A. The department may publish at such times and in such form as the director deems proper:

Information concerning the sale of commercial feeds and customer-formula feeds together with such data on their production and use as he may consider advisable, but the information concerning production and use of commercial feeds and customer-formula feeds shall not disclose the operations of any one person.
Reports of chemists' findings based on official samples of each brand of commercial feed and customer-formula feed sampled and analyzed as compared to the guaranteed chemical analysis for each such feed.

B. The director may authorize employees of the department to:

Join and subscribe to any state, district, regional or national organization or publications relating to sale and distribution of or control of sale and distribution of commercial feeds.
Attend state, district, regional and national meetings relating to sale and distribution or control of sale and distribution of commercial feeds.

C. Expenses authorized by this section shall be paid from and limited by the commercial feed trust fund.

§ 3-2605 Inspection; official samples; analysis; report

A. The director, who may act through an authorized agent, shall sample, inspect, analyze and test commercial feeds and customer-formula feeds distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such feeds are in compliance with the provisions of this article. The director, individually or through an agent, may enter upon any public or private premises during regular business hours in order to have access to feeds, facilities, vehicles and records subject to the provisions of this article and the rules adopted by the director. If the owner of any factory, warehouse or establishment, or an agent, refuses to admit the director or an agent to inspect in accordance with this subsection, the director may obtain from any state court a warrant directing such owner or an agent to submit the premises described in such warrant to inspection.

B. The methods of sampling and analyzing shall be those adopted by the director.

C. The director, in determining for administrative purposes whether or not a commercial feed or customer-formula feed is deficient in any component, shall be guided solely by the official sample as defined in section 3-2601 and obtained and analyzed as provided in subsection B of this section.

D. When the inspection and analysis of an official sample indicate a commercial feed or customer-formula feed has been adulterated or misbranded, the results of the analysis shall be forwarded immediately by the department to the distributor and the purchaser. Upon receipt of a request within thirty days after transmitting the results of the analysis, the department shall furnish to the registrant a portion of the sample concerned.

§ 3-2606 Inspection fees; quarterly statement by distributor; retention of records

A. An inspection fee at the rate of fifteen cents per ton shall be paid to the department on commercial feeds distributed in this state by any person licensed pursuant to section 3-2609 subject to the following:

If more than one distributor is involved in the chain of distribution the one who sells directly to the ultimate consumer or to a distributor exempted from a license is responsible for submitting the tonnage report and payment of inspection fees.
Distributors exempt from a license are not responsible for the filing of tonnage reports or the payment of the inspection fees for products purchased from a licensee and sold in the form in which received.
No inspection fees are required for commercial feeds sold or exchanged between licensed manufacturers for further manufacturing or processing, or for commercial feeds on which the inspection fee has been paid by a previous manufacturer or distributor in the chain of distribution.
The minimum inspection fee is two dollars for each calendar quarter.
The inspection fee on distillers grain is prorated according to the moisture content. If the moisture content of the distillers grain is fifty per cent or less, the fee applies to the full weight. If the moisture content is over fifty per cent, the fee applies to the percentage of the weight that is dry content. For the purposes of this paragraph, "distillers grain" means the cereal by-product of the distillation process.

B. The director, after a hearing, may decrease or increase the inspection fee provided in this section, except that the rate shall not exceed thirty cents per ton.

C. Each person who is liable for the payment of such fee shall:

File, not later than the last day of January, April, July and October of each year, a quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter. Upon filing the statement such person shall pay the inspection fee at the rate stated in subsection A of this section. Inspection fees that are due and owing and have not been remitted to the department within thirty days following the date due shall have a penalty fee of ten per cent or ten dollars, whichever is larger, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the director from taking other actions as provided in this article.
Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial feed distributed in this state. The director may examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this section shall constitute cause for cancellation of any or all commercial feed licenses on file for the distributor.

§ 3-2607 Commercial feed trust fund; exemption

A. The commercial feed trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected under this article shall be deposited in the trust fund.

B. The director shall administer the trust fund as trustee. Each year the director shall distribute not more than fifty thousand dollars from the trust fund to execute the ALIRT agreement.

C. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, that are considered to be trust monies as defined in section 35-310 and that shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.

D. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used solely for the purposes of this article on the order of the director.

E. The commercial feed trust fund is exempt from the provisions of section 35-190 relating to lapsing appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

§ 3-2608 Restrictions upon enforcing officers

No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any commercial feed.

§ 3-2609 Licensing

A. No person may manufacture or distribute commercial feed in this state without a commercial feed license from the division, except that no license is required of persons distributing only:

Commercial feeds to licensed manufacturers for further manufacturing.
Packaged commercial feed in the original packages or containers of a licensee as packaged and labeled by the licensee.
Bulk commercial feed in the form received from a licensee and labeled as required with label information furnished by the licensee, except for net weight statement.

B. Applications for a license shall be made on forms prescribed by the department listing each business location used in the manufacture or distribution of commercial feed in this state and such other information the department requires. Applications shall be accompanied by a fee of ten dollars per year for each separate place of business used in the manufacture of commercial feed in this state. Applications of manufacturers or distributors having no established place of business in this state, but otherwise subject to a license under this section, shall be accompanied by a fee of ten dollars per year. All licenses issued through 1998 expire on the last day of February of the following year. Beginning in 1999, the director may provide by rule for licenses having a term of one or more years and may prescribe the date on which licenses expire. Licenses are not transferable and no credit or refund may be granted for licenses held for less than a full license term. No new business locations may be put into operation during the term of the license without the payment of an additional fee of ten dollars for each new location.

§ 3-2610 Labeling

A. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information:

The net weight.
The product name and the brand name, if any, under which the commercial feed is distributed.
The guaranteed analysis, stated in such terms as the director by rule determines, is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the association of official analytical chemists.
The common or usual name of each ingredient used in the manufacture of the commercial feed. The director by rule may permit the use of a collective term for a group of ingredients which perform a similar function or may exempt such commercial feeds, or any group of such feeds from this requirement of an ingredient statement if the director finds that such statement is not required in the interest of consumers.
The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
Adequate directions for use or precautionary statements for all commercial feeds containing drugs and for such other feeds as the director may require by rule as necessary for their safe and effective use.

B. A customer-formula feed shall be accompanied by a label, delivery slip or other shipping document bearing the following information:

Name and address of the manufacturer.
Name and address of the purchaser.
Date of delivery.
The product name and brand name, if any, and the net weight of shipment.
Adequate directions for use or precautionary statements for all customer-formula feeds containing drugs and for such other feeds as the director may require by rule as necessary for their safe and effective use.

§ 3-2611 Adulteration

A. A person shall not distribute adulterated commercial feed.

B. A commercial feed is deemed to be adulterated if any of the following exists:

It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this section if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health.
It bears or contains any added poisonous, added deleterious or added nonnutritive substance which is unsafe within the meaning of section 406 of the federal food, drug and cosmetic act, other than one which is a pesticide chemical in or on a raw agricultural commodity or a feed additive.
It is, bears or contains any food additive which is unsafe within the meaning of section 409 of the federal food, drug and cosmetic act.
It is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the federal food, drug and cosmetic act. If a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the federal food, drug and cosmetic act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the federal food, drug and cosmetic act.
It bears or contains any color additive which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic act.
Any valuable constituent has been in whole or in part omitted or abstracted or any less valuable substance substituted.
Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing or packaging do not conform to current good manufacturing practice rules adopted by the director to assure that the drug meets the requirement of this article as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In adopting such rules the director shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the federal food, drug and cosmetic act, unless the director determines that they are not appropriate to the conditions which exist in this state.
It contains viable weed seeds in amounts exceeding the limits established by the director.

§ 3-2611.01 Maximum acceptable levels of aflatoxin; ammoniation of cottonseed and cottonseed products to reduce aflatoxin content

A. Commercial feed and whole cottonseed that contain three hundred parts per billion of aflatoxin or less are not considered to be adulterated for purposes of feeding animals other than animals whose milk is intended for human consumption.

B. Commercial feed and whole cottonseed that contain twenty parts per billion of aflatoxin or less are not considered to be adulterated for purposes of feeding animals whose milk is intended for human consumption.

C. Whole cottonseed and cottonseed products containing aflatoxin may be ammoniated under processes approved by the director to reduce the aflatoxin content to maximum acceptable levels as determined by the director. Whole cottonseed and cottonseed products that are intended for ammoniation, that are being ammoniated or that are actually ammoniated to acceptable levels according to the results of an analysis filed with the director are not considered to be adulterated under state law. The ammoniated cottonseed and cottonseed products may be used as animal feeds, including feed for animals whose milk is intended for human consumption.

D. Ammoniation may take place at the same location where the cottonseed or cottonseed product is to be fed.

E. After the ammoniation process is completed and before any sale, transfer, distribution, mixing, processing or feeding of the ammoniated cottonseed or cottonseed product, an analysis shall be performed on a sample, drawn according to sampling methods approved by the director, by a laboratory certified by the state agricultural laboratory to determine whether the ammoniation has reduced the aflatoxin content to acceptable levels. If the written results of the analysis indicate that the aflatoxin content has been reduced to acceptable levels for those animals to which it is intended to be fed and the labeling so indicates, the ammoniated cottonseed or cottonseed product may then be used as animal feed. The laboratory performing the analysis and the person ordering the analysis shall retain the written results of the analysis for at least three years. The person ordering the analysis shall:

File a copy of the analysis with the director.
Provide a copy of the analysis to any purchaser or transferee, if the ammoniated whole cottonseed or the ammoniated cottonseed product is sold, transferred or distributed after the analysis.

F. The director shall adopt rules permitting ammoniation and to otherwise carry out the purposes of this section.

§ 3-2612 Adulteration; penalties payable to customer; hearing; definitions

A. With respect to the level of aflatoxin present, if the examination of labeling or the analysis of an official sample of any whole cottonseed, commercial feed or customer-formula feed shows mislabeling pursuant to section 3-2610 as determined by the director or adulteration pursuant to section 3-2611 as determined by the director, the following provisions shall apply:

The customer is entitled to a refund from the seller of the purchase price of the lot upon return of any delivered and unused portion of that lot. The customer may cancel the order for undelivered whole cottonseed, commercial feed or customer-formula feed without penalty or damages.
A penalty in an amount equal to twice the selling price of the whole cottonseed, commercial feed or customer-formula feed shall be assessed, whether or not payment for that lot has actually been made.

B. All penalties assessed under this section shall be paid by the seller to the customer of the whole cottonseed, commercial feed or customer-formula feed within thirty days of the date of notice from the director to the seller by certified return receipt mail. The seller or the seller's representative shall obtain a receipt from the customer and promptly forward a copy to the director. If the customer cannot be found, the amount of the penalty shall be paid to the department for deposit, pursuant to sections 35-146 and 35-147, in the state general fund.

C. The director shall designate as an official sample a sample taken by a customer or the customer's representative if the director is satisfied that the sample has been taken in accordance with the method of sampling established pursuant to section 3-2605, subsection B.

D. Any person who is adversely affected by a decision of the director under this section may request a hearing pursuant to title 41, chapter 6, article 10.

E. For purposes of this section:

"Analysis" means analysis performed in accordance with the methods of testing established pursuant to section 3-2605, subsection B.
"Customer" means the ultimate purchaser, whether or not payment has actually been made if some or all of the whole cottonseed, commercial feed or customer-formula feed has been delivered to the purchaser or the purchaser's representative.

§ 3-2613 Misbranding

No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed misbranded:

If its labeling is false or misleading in any particular.
If it is distributed under the name of another feed.
If it is not labeled as required in section 3-2610 and in rules prescribed under this article.
If it purports to be or is represented as a feed ingredient, or if it purports to contain or is represented as containing a feed ingredient, unless such feed ingredient conforms to the definition of its identity, if any, prescribed by rule of the director. The director in adopting such rules shall give due regard to commonly accepted definitions such as those issued by the association of American feed control officials.
If any word, statement or other information required, by or under authority of this article, to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling, and in such terms as to cause it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

§ 3-2614 Cease and desist orders

If the director or an authorized agent has reasonable cause to believe a commercial feed or customer-formula feed is being distributed in violation of any of the provisions of this article or any of the rules adopted under this article, the director may issue and enforce a written or printed cease and desist order warning the distributor not to dispose of the feed in any manner until permission is given by the director or a court of competent jurisdiction. The director shall release the commercial feed or customer-formula feed subject to the order when the provisions and rules have been complied with and all costs and expenses incurred in the order have been paid. If compliance is not obtained within thirty days, the director may begin proceedings for condemnation.

§ 3-2615 Seizure, condemnation and sale of noncomplying feed

Any lot of commercial feed or customer-formula feed not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director to a court of competent jurisdiction in the area in which the feed is located. If the court finds the commercial feed or customer-formula feed is in violation of this article and orders the condemnation of the feed, it shall be disposed of in any manner consistent with the quality of the feed and the laws of the state, but the court shall not order the disposition of the feed without first giving the claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to comply with the requirements of this article.

§ 3-2616 Violations; notice; criminal classification; injunctive relief; exceptions

A. If it appears from the examination of any whole cottonseed, commercial feed or customer-formula feed that any of the provisions of this article or the rules adopted under this article have been violated, the director shall pursue one or more of the following courses of enforcement:

The director may cause notice of the violation to be given to the licensee or person responsible for placing the feed on sale. Any person so notified shall be given opportunity to be heard under such rules as are prescribed by the director. If the director finds after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or rules adopted under this article have been violated, the director may certify the facts to the county attorney.
The director may request the county attorney to initiate criminal prosecution. Each county attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Any person convicted of violating any of the provisions of this article or the rules adopted under this article, or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the director or the director's duly authorized agent in the performance of the director's duty under the provisions of this article, is guilty of a class 2 misdemeanor.
In all prosecutions under this article involving the composition of a lot of commercial feed or customer-formula feed, a certified copy of the official analysis signed by the director or the director's agent shall be accepted as prima facie evidence of the composition of the feed.
Nothing in this article shall be construed as requiring the director or the director's representative to report for prosecution or for the institution of seizure proceedings minor violations of this article if the director believes that the public interest will be best served by a suitable notice of warning in writing.
The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule adopted under this article notwithstanding the existence of other remedies at law.

B. Any monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. The provisions of this article shall not apply to:

Bulk commercial or customer formula feeds which are not adulterated pursuant to section 3-2611 and supplied for consumption on the premises owned or controlled by a commercial feedlot or commercial livestock operation.
Hay, straw, shover, silage, cobs, husks, hulls, chemical compounds or substances and whole seeds unmixed or physically altered entire unmixed seeds which are not adulterated pursuant to section 3-2611.

Article 2 Egg Mash

§ 3-2641 Marking and labeling egg mash containers; violation; classification

A. It is unlawful to sell, offer or expose for sale, chicken or hen food, commonly known as egg mash, unless each original container has attached thereto a plainly marked tag, not less than two and one-half by five inches in size, on which is distinctly printed the analysis, guaranteed by the manufacturer, of the ingredients thereof.

B. A person violating this section is guilty of a class 3 misdemeanor.

Article 3 Garbage Fed to Swine

§ 3-2661 Definitions

In this article, unless the context otherwise requires:

"Associate director" means the associate director of the animal services division of the Arizona department of agriculture.
"Garbage" means waste consisting in whole or in part of animal waste resulting from handling, preparing, cooking and consuming of foods, including the offal from animal or poultry carcasses or parts thereof.
"Person" means the state, any municipality, political subdivision, institution, public or private corporation, individual partnership or other entity.

§ 3-2662 Administration and enforcement

The director shall adopt rules deemed necessary to carry out the purposes of this article, and the director or his authorized representative shall enforce the rules.

§ 3-2663 Revocation or refusal of permit

Upon determination that any person having a permit under this article, or who has applied for a permit hereunder has violated or failed to comply with any of the provisions of this article, or any of the rules adopted under this article, the associate director may revoke such permit or refuse to issue a permit to such applicant.

§ 3-2664 Permit to feed garbage to swine; exception

A. No person shall feed garbage to swine without first obtaining a permit from the associate director. All permits shall be renewed during January of each year.

B. This article shall not apply to any person who feeds only his own household garbage to swine which are raised for his own use.

§ 3-2665 Application for permit; fee

Any person desiring to obtain a permit to feed garbage to swine shall make written application to the associate director in accordance with the requirements prescribed by the director. At the time of filing the application the applicant shall pay to the department a permit fee in the sum of five dollars. All money derived from fees shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-2666 Permit for removal of swine from premises

Before removal of any swine from the premises where swine are fed on garbage, a permit shall be obtained from the state veterinarian or his authorized representative for the removal of the swine. A permit for the removal of dead swine which are to be processed by rendering shall not be required.

§ 3-2667 Cooking or other treatment of garbage

All garbage, regardless of previous processing, shall before being fed to swine be thoroughly heated to at least two hundred twelve degrees Fahrenheit or the boiling point for at least thirty minutes, unless treated in some other manner which shall be approved in writing as being equally effective for the protection of public health and the prevention of the spread of disease among livestock.

§ 3-2668 Inspection and investigation of garbage treatment; records

A. An authorized representative of the director may enter at any time upon any private or public property for the purpose of inspecting and investigating conditions relating to the treating of garbage to be fed to swine as required by this article.

B. Any authorized representative of the director may examine any records or memoranda pertaining to the feeding of garbage to swine and may require maintenance of records relating to the operation of equipment for and procedure of treating garbage to be fed to swine. Copies of such records shall be submitted to the department on request.

§ 3-2669 Violation; classification

A person who violates any provision of this article, fails to perform any duty imposed by it or violates any rule or regulation promulgated thereunder is guilty of a class 2 misdemeanor. In addition, such person may be enjoined from continuing such violation. Each day the violation occurs shall constitute a separate violation.

Article 4 Meat Used as Animal Food

§ 3-2691 Definitions

In this article, unless the context otherwise requires:

"Fresh meat" means meat of a horse, mule, ass, burro, cow, sheep or goat, and includes any product containing any such meat.
"Slaughterhouse" or "establishment" means a house or place in which horses, asses, mules, burros, cows, sheep or goats are slaughtered, packed or processed.

§ 3-2692 Decharacterization of fresh meat to be used as animal food

Fresh meat intended for use as food for animals and not inspected for human consumption shall be decharacterized by the addition of charcoal at the ratio of one pound of charcoal to each one hundred pounds of fresh meat, the charcoal being uniformly mixed throughout the fresh meat.

§ 3-2693 Inspection of establishments selling meat for animal food

The associate director may inspect any establishment from which there is being sold or offered for sale any meat or meat food product intended for use as food for animals, and if found not decharacterized as provided in section 3-2692, the meat or meat food product may be condemned and disposed of under the supervision of an inspector.

§ 3-2694 Violation; classification

A. A person selling or offering for sale fresh meat intended for use as food for animals without complying with the provisions of this article is guilty of a class 2 misdemeanor.

B. A person or operator of a slaughterhouse or establishment who violates any provision of this article is guilty of a class 2 misdemeanor.

§ 3-2695 Collecting dead stock by tallow and rendering companies

A. Any person, tallow company or rendering plant removing dead stock to its place of business shall make a report on a form provided by the department and pursuant to rules the director may prescribe to prevent the use of these animals or the products of these animals for human food purposes. On this report the driver or person in charge of the truck working out of the plant, or the person receiving the call to collect the dead stock, shall show the following information and any other information as the director may prescribe by rule:

Date of removal.
Name, address and telephone number, if any, of the person requesting removal of dead stock, and of the owner of the stock, if known.
Location and description of dead stock.
Name of the company receiving the dead stock.
Name of the person making the report.
Date of the report.

B. The original of the report shall be submitted to the department.

C. No meat or meat food product processed or packed by any rendering plant or tallow company shall be traded or sold for human or animal consumption except meat from dead livestock processed for use as animal food under rules prescribed by the director and sterilized meat scrap or tankage that may be used as animal feed supplement in compliance with federal regulations.

D. Notwithstanding title 36, chapter 8, article 1, prohibiting the use of meat from an animal that has died other than by slaughter for animal food, any such meat may be used for animal food if processed as provided in subsection C.

Chapter 16 Aquaculture

Article 1 General Provisions

§ 3-2901 Definitions

In this chapter, unless the context otherwise requires:

"Aquaculture" or "aquaculture facility" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants.
"Aquatic animal or plant" means a cultured aquatic wildlife or plant propagated or maintained in an aquaculture facility for distribution or sale.
"Aquatic products" means aquatic animals and plants, or their by-products, that are produced, grown, managed, harvested or marketed.
"Aquatic wildlife" means amphibians, fish, mollusks, crustaceans and soft shelled turtles found in a state of nature.
"Associate director" means the associate director of the division.
"Container" means any restrictive enclosure used to contain aquatic products for handling, packing or shipping.
"Division" means the animal services division of the Arizona department of agriculture.
"Fee fishing" means removing aquatic animals by any harvesting method from a privately controlled body of water as authorized by a direct or indirect payment of a fee.
"Lot" means one or more consolidated containers identified as a single item or unit.
"Owner" means the person in possession of and legally entitled to dispose of aquatic products.
"Person" means an individual, partnership, corporation, group, company, society or association.
"Processor" means a person who receives and cleans, reshapes or containerizes live or dead aquatic animals or plants for distribution or resale.
"Propagate" means to breed or reproduce aquatic animals or plants or cause aquatic animals or plants to breed or reproduce.
"Supervisor" means the supervisor of aquaculture or the supervisor's authorized representative.
"Transporter" means a person that transports live aquatic animals or plants to persons who are licensed to resell, process or stock aquatic animals or plants.

§ 3-2902 Supervisor of aquaculture

The associate director, with the approval of the director, may employ a supervisor of aquaculture. The supervisor shall:

Qualify by taking and filing the official oath of office.
Possess qualifications consistent with the responsibilities of his position, including:

(a) A baccalaureate degree in a field directly related to aquaculture, or the equivalent practical experience.

(b) Supervisory experience in aquaculture or similar related fields.

§ 3-2903 Regulatory powers of the director

The director may:

Regulate the transportation, possession, sale, processing and fee fishing of aquatic animals and plants and establish licensing categories and programs for these activities as provided by this article.
Adopt rules as necessary to administer and enforce this article, including rules relating to:

(a) Container labels, bills of lading, bills of sale and similar documents that identify contents, quality and quantities of aquatic products, including the names, addresses and other identification of shippers, producers and buyers of aquatic products.

(b) Identification of aquatic animals that are transported whole by the consumer from a fee fishing facility.

Cooperate with agencies of the United States and of this state to promote the exchange of information and avoid unnecessary duplication of services and regulation. The director shall ensure that the rules adopted under this article shall not impair enforcement of restricted live wildlife rules as promulgated pursuant to title 17.
Cooperate with agencies of the United States and this state and universities and other academic and research institutions to promote research and the exchange of information to support and promote the interests of aquaculture.
Establish programs to publicize and promote the development of the aquaculture industry in this state.
Establish a schedule of fees to compensate for the expense of administering this article, including personnel costs. The amount of each fee shall be set according to the cost of the specific activity for which the fee is imposed.

§ 3-2904 Quality and disease control

The director shall adopt rules and guidelines to control the quality of and diseases in aquatic animals and plants. The rules may include:

Routine monitoring and diagnostic procedures.
Criteria for quarantine, condemnation or destruction requirements.
Waiting periods between diagnosis and destruction.
Methods of destruction and sanitation.
Procedures and standards for compensation.

§ 3-2905 Inspections and certification of facilities

A. The department shall establish a schedule of periodic inspections of all licensed facilities to determine and verify compliance with this article and the rules adopted under this article. By applying for and obtaining a license under this article, the licensee is deemed to consent to such periodic inspections. In addition, the director or the director's authorized representative may enter private property at any reasonable time to inspect, obtain factual data and otherwise ascertain compliance with or violations of this article. Inspections shall be on reasonable notice to the owner or manager of the facility unless reasonable grounds exist to believe that such notice would impair the enforcement of this article. If required by law, the director shall obtain a warrant for such unscheduled entry and inspection.

B. On request, and with payment of the prescribed fee, the department shall physically inspect an aquatic animal facility for infectious diseases and causative agents. The inspector shall be approved by the director. If the inspector determines that the facility is free of restrictive infectious diseases and causative agents, the inspector shall issue to the facility a certificate to that effect within ten days after completing the inspection. The certificate is valid for one year from the date of the inspection.

C. On request and without charge the department shall provide a certificate that an aquaculture facility has been inspected and certified free of restrictive diseases and causative agents within the preceding twelve months. Each shipment or lot shall be accompanied by a certificate identifying the shipment. This subsection does not apply to the transportation of live baitfish for personal use that complies with applicable rules of the game and fish commission.

§ 3-2906 Seizure and quarantine; hearing

A. The department may seize, hold, quarantine or dispose of any lot of aquatic products that enters, leaves or is transported in this state if the lot does not comply with this article, rules adopted under this article or federal statutes or rules.

B. The owner of a lot of aquatic products that is seized, held or quarantined under this section may request a hearing on the action pursuant to title 41, chapter 6, article 10. The hearing shall be held within ten days after receipt of the request. If evidence produced at the hearing shows that the action was unreasonable, the lot shall be immediately released. Except as provided in section 41-1092.08, subsection H, any person who is adversely affected by the final administrative decision may seek judicial review pursuant to title 12, chapter 7, article 6 in the county in which the lot is held.

§ 3-2907 Licenses; fee; exemption

A. A person may not engage in any of the following activities relating to aquaculture unless the person possesses a current valid license issued by the division:

Aquaculture facility activities, including selling, trading, displaying, purchasing, exporting, possessing, propagating and rearing live aquatic animals or plants.
Transporting live aquatic animals to persons who are licensed to resell, process or stock aquatic animals.
Processing facility activities, including cleaning, reshaping or packing fresh or frozen aquatic animals or plants for distribution or resale.
Operating a fee fishing facility that permits the public to remove aquatic animals by any harvesting method from a privately controlled body of water as authorized by the direct or indirect payment of a fee.

B. This chapter does not apply to state or federal game and fish agencies.

C. Each facility or transporter must be separately licensed with the division including payment of the prescribed fee.

D. Each license issued under this section shall state the name and business address of the licensee, the name and address of the person designated as the licensee's agent to the division, the location of the premises for which it is issued, other than a transporter, and any other information deemed necessary by the director.

E. A licensee may not transfer or convey the license to any other person or entity. The license is valid only for the named licensee and for the particular premises identified on the license. If there is a transfer or change in the ownership of a licensee or the premises identified on the license, or a change in the licensee's agent, the licensee shall notify the division within thirty days.

F. A license is valid for one year from the date prescribed by the associate director. The license may be renewed by applying and paying the required renewal fee at any time within thirty days before the license expires. If a license expires, it may be renewed within ninety days after expiration by paying an additional prescribed fee increment. A license that has been expired for more than ninety days may not be renewed.

G. An application for an original or renewal license under this section shall be submitted to the division together with the appropriate fee on a form furnished by the department. An applicant shall furnish any additional information that may be required.

H. Within thirty days after receiving the completed application, the division shall either issue or deny the license. The division shall issue a license, in the name under which the applicant proposes to conduct business, to an applicant that has satisfied the licensing procedures and requirements of this article. If the applicant fails to meet the requirements for an original or renewal license under this article, the associate director shall notify the applicant by certified mail stating the reasons for the denial and advising the applicant of the right to request a hearing pursuant to title 41, chapter 6, article 10. The applicant must request the hearing in writing within thirty days after the date the notice is mailed. The associate director shall schedule the hearing to be held within thirty days after the request is received. If the record made at the hearing discloses that the applicant meets the qualifications and other requirements of this chapter, the hearing officer shall enter an order to that effect and direct that the appropriate license be issued. If the applicant is found to be unqualified or otherwise fails to meet the requirements of this article, the hearing officer shall enter an order to that effect.

I. The application for an original or renewal license shall be accompanied by a license fee set by the director according to the cost of administering this article, but not less than one hundred dollars.

J. A person who sells aquatic products at retail is exempt from the requirements of this section unless the person engages in any of the activities required to be licensed under subsection A.

§ 3-2908 Special licenses

A. The division may issue special aquaculture licenses for purposes of education and research institutional needs pursuant to rules adopted by the director. Special aquaculture licenses are not renewable and may be issued for not more than three year terms.

B. The fee prescribed by the director for a special license shall not exceed one hundred dollars.

§ 3-2909 Protecting aquatic wildlife

The Arizona department of agriculture shall prescribe restrictions on supply water and tailing water discharges from an aquaculture facility if the department or the game and fish department determines that the waters are detrimental to aquatic wildlife.

§ 3-2910 Unauthorized removal of aquatic animals or plants from aquaculture facility; classification

A person who removes aquatic animals or plants by any method from an aquaculture facility without the consent of the owner or manager of the facility is guilty of a class 1 misdemeanor.

§ 3-2911 Cease and desist orders; hearing; subpoena; injunctions; revocation or suspension of license; probation

A. If the associate director has reason to believe that a person is violating or has violated a provision of or rule adopted under this article or the conditions of a license issued under this article, the associate director shall give the person written notice by certified mail that the person shall appear and show cause at a hearing conducted pursuant to title 41, chapter 6, article 10 not less than thirty days after the date of mailing the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

B. At the hearing the administrative law judge shall issue a decision and order. The decision and order may take such form as the administrative law judge determines to be reasonable and appropriate and shall include a determination of violation, a cease and desist order or the recommendation of a civil penalty.

C. If the person continues the violation after the administrative law judge has issued a final decision and order under subsection B, the associate director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

D. In addition or as an alternative to seeking injunctive relief under subsection C, if the associate director finds that a licensee has violated or failed to comply with this article or a rule adopted under this article, the associate director may:

Suspend the license for a definite period of time.
Revoke the license.
Place the person whose license has been suspended on probation. If the assistant director places the licensee on probation and allows the licensee to continue to operate, that fact shall be entered into the records of the division relating to the suspension and probation.

§ 3-2912 Civil penalties

A. The director may assess a civil penalty in an amount not exceeding one hundred dollars per day of violation against any person who is determined pursuant to section 3-2911 to be in violation of this article, the rules adopted pursuant to this article or the terms and conditions of a license issued under this article.

B. The director shall bring any action to recover the penalties under this section in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.

D. All monies collected as civil penalties under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-2913 Aquaculture trust fund

A. The aquaculture trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. The trust fund consists of revenues received from fees and all other sources under this article except civil penalties under section 3-2912. The monies collected constitute a separate and permanent fund for the use of the director in administering and enforcing this article.

C. The beneficiary of the trust is the agricultural program established by this article.

D. Any monies remaining unexpended in the fund on June 30 each year shall be carried forward to the following year and do not revert to the state general fund. The director shall take that amount into account in computing and setting fees under this article for that year.

Chapter 17 Agricultural Safety

Article 1 General Provisions

§ 3-3101 Definitions

In this article, unless the context otherwise requires:

"Assistant director" means the assistant director of the office of agricultural safety in the Arizona department of agriculture.
"De minimis violation" means a condition or practice which, although undesirable, has no direct or immediate relationship to safety or health.
"Employee" means any person performing agricultural services for an employer.
"Employer" means any individual or type of organization, including this state and its political subdivisions, which has in its employ one or more individuals performing agricultural services for it in employment, including self-employed persons.
"Interested party" means the office and its agents, the employer and the affected employees of the employer.
"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.
"Office" means the office of agricultural safety in the Arizona department of agriculture.
"Recognized hazard" means an unsafe or unhealthful condition or practice recognized as such with respect to the standard of knowledge in the industry.
"Rule" means a written rule of agricultural safety and health governing places of agricultural employment which is adopted pursuant to section 3-3106 or 3-3108, exclusive of standards.
"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.
"Standard" means any agricultural safety and health standard which has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and has the same meaning as and includes the term "code".
"Trainer" means a person who is certified by the department pursuant to section 3-3125 for training individuals in agricultural health and safety standards.
"Workplace" means a location or site where temporary or permanent work is conducted in connection with agriculture.

§ 3-3102 Scope of chapter

The scope of this chapter is to regulate the safety and health of workers exposed to pesticides and any other safety and health issue not covered by the industrial commission by title 23, chapter 2, article 10 or any responsibilities required under the approved plan of the industrial commission in accordance with the United States department of labor, section 18 of federal occupational safety and health act of 1970.

§ 3-3103 Assistant director for the office of agricultural safety

The director shall appoint a person as assistant director for the office of agricultural safety who, at the time of appointment:

Has been employed in the agricultural safety or health profession for at least two years and is currently engaged in the broad practice of safety or health or one of its relevant specialties or holds a degree from an accredited college or university appropriate to the field of agricultural safety and health and has at least one year of experience in the broad practice of safety or one of its relevant specialties.
Is competent to deal with the planning, design and needs of agricultural operations as the use of such operations relates to the safe, convenient and economic performance of agricultural functions.

§ 3-3104 Duties of employer and employee

A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

B. Each employer shall comply with agricultural safety and health standards and all rules and orders issued pursuant to this article.

C. Notwithstanding subsection A of this section, a condition or practice which is common in agriculture is not deemed a recognized hazard unless a standard or rule concerning the condition or practice has been developed pursuant to section 3-3106, 3-3108 or 3-3109.

D. Each employee shall comply with agricultural safety and health standards and all rules and orders issued pursuant to this article which apply to his own actions and conduct.

§ 3-3105 Powers and duties

The assistant director shall:

Administer this chapter.
Cooperate with the federal government to establish and maintain an agricultural safety and health program.
Propose to the director for adoption by the department standards and rules pursuant to section 3-3106, 3-3108 or 3-3109 and other rules that are necessary for the office to function efficiently.
Enforce all standards and rules adopted by the department pursuant to the procedures and requirements of this article.
Implement an agricultural safety and health program, including the following duties and responsibilities:

(a) Development of a statewide agricultural safety and health education and training program to acquaint employers, supervisors, employees and employee representatives with the most modern and effective techniques of accident prevention and agricultural health control.

(b) Development of training programs for employees of the office and, if necessary, development of certification programs for recognition of competent, trained personnel.

(c) Coordinate training programs with state and federal agencies including the university of Arizona college of agriculture, the United States department of agriculture and vocational education programs.

(d) Planning, organizing, conducting or attending safety and health seminars, conferences and meetings designed for management, supervisory personnel, employees and employee representatives and establishing liaison with other safety and health groups as may be necessary.

(e) Definition and establishment of necessary research projects.

(f) Arrangement and procurement of necessary contractual services and training aids.

(g) Development of specific agricultural safety and health programs for employer and employee representative groups.

Collect and analyze agricultural safety and health statistics generated by the industrial commission, the department of health services, the department of environmental quality and any other state or federal agency that produces such information.
Coordinate the responsibilities and functions of other administrative units in the department with regard to agricultural safety and health in order to develop a comprehensive statewide program.

§ 3-3106 Pesticides

The department shall adopt rules consistent with this section prescribing safe work practices for employees who mix, load, apply, store or otherwise handle pesticides for agricultural uses and for employees who are exposed to residues of these pesticides after application or persons who are incidentally exposed to pesticides when or after they are applied. The rules shall include, but are not limited to, provisions that relate to:

Exposure to pilots, mixers, loaders, flaggers and ground and aerial applicators.
Employee training and instruction.
Emergency medical care.
The times and conditions under which employees may work alone with pesticides.
Adequate facilities, equipment and water for changing clothes and washing.
Necessary safety equipment and its cleaning.
Limiting, as necessary, field reentry after pesticide application.

§ 3-3107 Inspection of places and practices of employment; employee initiation of investigation; violation; injunction; classification

A. The assistant director or his authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question employees and investigate conditions, practices or matters in connection with employment subject to this article at reasonable times as he may deem appropriate to determine whether any person has violated this article or any rule which is adopted under this article or which may aid in enforcing this article. An employer or other person shall admit the assistant director or his authorized representatives to any such place and permit the inspection if the proper credentials are presented and the inspection is made at a reasonable time.

B. Notice of an intended inspection shall not be given to an employer before the time of actual entry on the workplace, except by specific authorization by the assistant director.

C. Within five days after the inspection the director shall inform any employer in writing if the director anticipates an enforcement action. The notice of a potential enforcement action shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-3110 or an advisory notice under section 3-3111. If in the course of an investigation the department identifies any additional alleged violator, the director shall inform the additional alleged violator within five days of initiating the new investigation. The notice of a potential enforcement action against the additional alleged violator shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-3110 or an advisory notice under section 3-3111. If the director does not issue a notice of a potential enforcement action, the director shall inform the employer within fifteen days after the inspection that the director does not anticipate any enforcement action.

D. If the director investigates an alleged violation under this article and rules adopted pursuant to this article and determines that the violation did not result in any adverse health effects, the director may issue a letter of warning.

E. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the assistant director or his authorized representative during the physical inspection of any workplace for the purpose of aiding such inspection. If there is no authorized employee representative, the assistant director or his authorized representative shall consult a reasonable number of employees concerning matters of safety and health in the workplace.

F. Information and facts developed by the department, the assistant director or any employee of the department or office in the course of any inspection or investigation are public records pursuant to title 39, chapter 1, article 2 if, pursuant to section 3-3110, subsection D, the inspection or investigation has been closed or a citation has been issued. Such information and facts are not admissible in any court or before any administrative body except pursuant to this article. Notwithstanding the provisions of this subsection, the assistant director or any employee of the department is not required to appear at any deposition, trial or hearing concerning an office inspection or investigation unless the appearance is related to a hearing held pursuant to this article. Hearings held pursuant to this article are open to the public.

G. An employee or a representative of employees who believes that a violation of a safety or health standard or rule exists that threatens physical harm or that an imminent danger exists may request an investigation by notifying the assistant director or his authorized representative of such violation or danger. Any such notice shall be in writing, shall state with reasonable particularity the grounds for the notice and shall be signed by the employees or representative of the employees. On the request of the employee giving such notice, his name and the names of other employees referred to in the notice shall not appear on any copy of the notice or any record published, released or made available. If on receipt of the notice the assistant director determines that there are reasonable grounds to believe that such violation or danger exists, he shall make an investigation pursuant to this article as soon as practicable to determine if a violation or danger exists. If the assistant director determines that there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or the representative of the employees in writing of that determination.

H. The department, or its authorized representative, in addition to initiating an action under subsection G of this section, may file in the superior court in the county where the inspection was refused a verified complaint against an employer who violates subsection A of this section and may request an injunction against the continued refusal to permit an inspection.

I. A person who violates this section is guilty of a class 2 misdemeanor.

§ 3-3108 Development of standards and rules

A. Safety and health standards and rules shall be formulated in the following manner:

The assistant director shall either propose adoption of national consensus standards or federal standards or draft such rules as he considers necessary after conducting sufficient investigations through the employees of the office and through consultation with the department advisory council, an ad hoc advisory committee if one is appointed and other persons knowledgeable in agriculture for which the standards or rules are being formulated
Proposed standards or rules, or both, shall be submitted to the director for his approval. If the director approves the proposed standards or rules, or both, he shall adopt them pursuant to title 41, chapter 6.

B. The assistant director shall not propose standards or rules for products distributed or used in interstate commerce which are different from federal standards for such products unless the standards are required by compelling local conditions and do not unduly burden interstate commerce.

C. Any standards or rules adopted under this section shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all recognized hazards to which they are exposed, relevant symptoms, appropriate emergency treatment and proper conditions and precautions of safe use or exposure. If appropriate, the standards or rules shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals and in such manner as may be necessary to protect employees. In addition, if appropriate, any such standards or rules shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. Any standards or rules adopted pursuant to this section shall assure, as far as possible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.

D. In case of conflict between standards and rules, the rules take precedence.

E. A person who may be adversely affected by a standard or rule issued under this article at any time before the sixtieth day after the standard or rule is adopted may file a complaint challenging the validity of the standard or rule with the superior court in the county in which the person resides or has his principal place of business for a judicial review of the standard or rule. The filing of a complaint, unless otherwise ordered by the court, does not operate as a stay of the standard or rule. The determinations of the director are conclusive if supported by substantial evidence in the record considered as a whole.

§ 3-3109 Emergency temporary standards

A. The department may provide for emergency temporary standards or rules to take immediate effect on filing with the secretary of state if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards and that the emergency standard or rule is necessary to protect employees from such danger.

B. Emergency temporary standards or rules are effective until superseded by standards or rules adopted pursuant to section 3-3108.

C. On filing such a standard or rule with the secretary of state the department shall begin a proceeding pursuant to section 3-3108 and the emergency temporary standard or rule shall serve as a proposed standard or rule for the proceeding. The department shall adopt a standard or rule under this subsection no later than six months after filing the emergency temporary standard or rule

D. Emergency temporary standards are not subject to title 41, chapter 6, but the department shall provide twenty days' advance notice of the meeting at which the emergency temporary standard will be adopted, and the proposed standard. The department shall receive public testimony at the meeting regarding the emergency temporary standard.

§ 3-3110 Citations

A. If the assistant director, after an inspection or investigation, determines that there is reasonable cause to believe that a violation exists the assistant director shall with reasonable promptness recommend to the director that a citation be issued to the employer. If the director issues a citation it shall be in writing and shall contain the following:

A particular description of the nature of the violation, including a reference to the provision of this article, or of the standard or rule alleged to have been violated.
A reasonable time to abate the violation.
A notice that the employer may request a hearing if the employer is aggrieved by the citation.

B. A certified mail delivery receipt or a signed verification of delivery in person is prima facie evidence of the receipt of a citation.

C. Each citation or copy of a citation issued under this section shall be prominently posted at or near each place a violation referred to in the citation existed.

D. No citation may be issued after the expiration of a period of six months from the date of the inspection that produced evidence of the violation. If in the course of an investigation the department identifies any additional alleged violator, the department may investigate the additional alleged violator. No citation may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.

§ 3-3111 De minimis violations

A. The assistant director may issue an advisory notice stating de minimis violations of standards and rules which carry no penalty, unless the employer or trainer wilfully and repeatedly violates the standard or rule, in which case the assistant director may refer the matter to the director for appropriate action pursuant to section 3-3113.

B. No advisory notice stating a de minimis violation may be issued under this section after the expiration of a period of six months after the date of the inspection that produced evidence of an alleged violation. If in the course of an investigation the department identifies any additional alleged violator, the department may investigate the additional alleged violator. No advisory notice may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.

§ 3-3112 Enforcement procedure

A. If the director, after an inspection or investigation, issues a citation pursuant to section 3-3110, the director shall notify the employer by mail, within a reasonable time after termination of the inspection or investigation, of any penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41, chapter 6, article 10 if the employer wishes to appeal the citation or proposed assessment of penalty.

B. The period permitted for correction of a violation does not begin to run until the entry of a final order in the case of any review proceedings pursuant to this section initiated by the employer in good faith and not solely for delay or avoidance of penalties. If the director has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period permitted, the director shall notify the employer by mail of such failure, of the penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41, chapter 6, article 10 if the employer wishes to appeal the notification or proposed assessment of penalty.

C. An affected employee or employee representative may request a hearing to appeal the period allowed an employer to abate a particular violation if the employee or employee representative requests the hearing within the abatement period allowed in the citation or within thirty days from the date of receipt of the citation, whichever is shorter.

D. On a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond the reasonable control of the employer, the department or its authorized designee, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirements in the citation. The department shall provide affected employees or representatives of affected employees with an opportunity to participate as parties to hearings under this subsection.

§ 3-3113 Penalties; violation; classification

A. An employer who wilfully or repeatedly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article may be assessed a civil penalty of not more than ten thousand dollars for each violation.

B. An employer who has received a citation for a serious violation of any provision of this article shall be assessed a civil penalty of up to one thousand dollars for each such violation.

C. An employer who has received a citation for a serious violation of any provision of this article and that violation causes death to an employee shall be assessed a civil penalty of up to five thousand dollars for each such violation.

D. An employer or trainer who has received a citation for a nonserious violation of any provision of this article may be assessed a civil penalty of up to one thousand dollars for each such violation.

E. An employer or trainer who fails to correct a violation for which a citation has been issued within the abatement period permitted for its correction, which period shall be suspended in the case of an administrative hearing before an administrative law judge initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than one thousand dollars for each day during which the failure or violation continues after the abatement date.

F. An employer who knowingly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article and that violation causes death to an employee is guilty of a class 6 felony, except that if the conviction is for a second or subsequent violation, the employer is guilty of a class 5 felony.

G. A person who knowingly gives advance notice of any inspection to be conducted under this article without authority from the assistant director is guilty of a class 2 misdemeanor.

H. A person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article is guilty of a class 2 misdemeanor.

I. The director may assess all civil penalties prescribed by this section, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the number of employees employed by the employer, the number of individuals taught by the trainer, the good faith of the employer or trainer and the history of previous violations under this article.

J. Civil penalties owed under this article shall be paid to the department for deposit in the state general fund. After an order or decision on a civil penalty becomes final, the civil penalty acts as a judgment against the employer or trainer. The director shall file the civil penalty in the office of the clerk of the superior court in any county in this state and the clerk shall enter the civil penalty in the civil order book and judgment docket. When the civil penalty is filed and entered, it is a lien for eight years from the date of the final order or decision on the property of the employer or trainer located in the county. Execution may issue on the civil penalty within eight years in the same manner and with similar effect as a judgment of the superior court. The civil penalty judgment shall accrue interest pursuant to section 44-1201. The department may recover reasonable attorney fees incurred pursuant to this section.

§ 3-3114 Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement

A. In addition to penalties prescribed by section 3-3113, the director shall assess a penalty of twenty-five thousand dollars against an employer who is assessed a penalty under section 3-3113, subsection A for each employee injury resulting in permanent disability or death if the director finds all of the following:

The employee injury resulting in permanent disability or death was caused by the violation for which the employer is assessed a penalty under section 3-3113, subsection A.
Compensation benefits are paid to the injured employee, or in the event of death, the employee’s dependents, under title 23, chapter 6.
The violation for which the employer is assessed a penalty under section 3-3113, subsection A did not result from the injured or deceased employee's disobedience to specific instructions given to the employee regarding the job condition causing the injury or death or relating to the safety standards applicable to that job condition.

B. Each additional penalty assessed under this section shall be paid to the injured employee, or in the event of death, the employee’s dependents, in addition to the benefits paid under title 23, chapter 6.

C. Pursuant to title 41, chapter 6, article 10, an employer may request a hearing on an additional penalty assessed under this section. An additional penalty under this section that becomes final operates as a judgment against the employer and may be enforced by either the director or the injured employee, or in the case of death, the employee’s dependents, and all lawful remedies for the collection of judgments, including provisional remedies, are available. This section does not create any right of action or recovery against the employer's workers' compensation insurance carrier, and the additional penalty provided by this section is not a compensation benefit under title 23, chapter 6 and is not subject to the payment of attorney fees.

§ 3-3115 Imminent dangers

A. The superior court has jurisdiction on filing of a verified complaint by the director to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this article. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations, or if a cessation of operations is necessary, to permit the cessation to be accomplished in a safe and orderly manner.

B. On the filing of any such complaint the superior court has jurisdiction to grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this article. The proceeding shall be as provided by the rules of civil procedure.

C. If, and as soon as, the director or his authorized representative concludes that conditions or practices described in subsection A exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending that relief be sought.

D. If the director or his authorized representative arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure or the representative of such employees may bring an action against the director in superior court for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate.

§ 3-3119 Nonliability

Notwithstanding any law to the contrary, neither the director nor his authorized representative is subject to civil liability for any acts or omissions in the course of any inspection or investigation for the department if he is acting in a reasonable manner, considering the activity in which he is engaged.

§ 3-3120 Employee discharge or discrimination

The prohibitions, rights, remedies and procedures prescribed pursuant to section 23-425 apply to agricultural employment.

§ 3-3121 Trade secrets; confidentiality

All information reported to or obtained by the department or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret is considered confidential for the purpose of this article, except that the information may be disclosed to other representatives of the office or department concerned with carrying out this article or if it is relevant in any proceeding under this article. In any such proceeding, the department, assistant director, director, hearing officer or courts shall issue orders as may be appropriate to protect the confidentiality of trade secrets.

§ 3-3122 Employer and employee representation

Any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any hearing officer under this article, regardless of the person's membership in the state bar.

§ 3-3123 Testimony of witnesses; compensation; order of superior court to appear

The director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses are entitled to be paid the same fees and mileage paid witnesses in the courts of this state. If any person fails or refuses to obey such an order, the director may apply to the superior court in any county where the person is found, resides or transacts business for an order requiring the person to produce evidence and to give testimony as ordered. The failure to obey such order is contempt of court.

§ 3-3124 Agricultural education and training program

A. The assistant director shall develop an agricultural safety education and training program utilizing visits to the workplace of employers to provide education and advice to employers. The visits:

May be conducted only on request by an employer for education and advice on the interpretation or applicability of standards, possible alternative ways of complying with applicable standards or other matters related to accident prevention, agricultural health or obligations pursuant to this article.
Shall be limited to matters specified in the request.

B. If, after evaluating the request, the assistant director determines an alternative means of providing education is more appropriate and equally effective, he may provide the alternative means rather than education at the workplace.

C. The assistant director shall make recommendations regarding solutions to matters within the scope of the workplace education.

D. A visit pursuant to this section shall not be regarded as an inspection or investigation pursuant to section 3-3110. No citation may be issued nor may any civil penalties be proposed on such a visit, except that nothing in this section affects in any manner any provision of this article the purpose of which is to eliminate imminent danger violations.

§ 3-3125 Trainer certification

A. The assistant director shall develop a certification program for training persons who train employers and employees in agricultural health and safety standards as provided by section 3-3105.

B. The assistant director may recommend to the director for the adoption of rules relating to certifying trainers pursuant to this section.

C. The assistant director may deny, revoke or suspend a trainer certification or training program if the assistant director has reasonable grounds to believe that the training program does not comply, or the trainer has violated or failed to comply, with the agricultural safety training program.

D. The trainer may request in writing that the department provide an administrative hearing to appeal any denial, revocation or suspension of the approval pursuant to rules adopted by the department.

E. The assistant director may provide a trainer at the request of and for the assistance of the livestock and agriculture committee established pursuant to section 5-113, subsection C.

Chapter 19 Weights and Measures Services Division

Article 1 General Provisions

§ 3-3401 Definitions

In this chapter, unless the context otherwise requires:

"Area A" has the same meaning prescribed in section 49-541.
"Area B" has the same meaning prescribed in section 49-541.
"Area C" means that portion of Pinal county lying west of range 11 east, excluding that portion of the county lying within area A as defined in section 49-541 and that portion of the county within the jurisdiction of any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation.
"Associate director" means the associate director of the division.
"Biodiesel" means a mono-alkyl ester that meets ASTM D6751.
"Biodiesel blend" means a motor fuel that is composed of biodiesel and diesel fuel and that is designated by the letter "B", followed by the numeric value of the volume percentage of biodiesel in the blend.
"Biofuel" means a solid, liquid or gaseous fuel that is derived from biomass and that can be used directly for heating or power or as a blend component in motor fuel.
"Biofuel blend" means a motor fuel that is composed of a biofuel, that is combined with a petroleum-based fuel and that is designated by the volume percentage of biofuel in the blend.
"Biomass" means biological material, such as plant or animal matter, excluding organic material that has been transformed by geological processes into substances such as coal or petroleum or derivatives thereof, that may be transformed into biofuel.
"Biomass-based diesel" means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the United States environmental protection agency under 42 United States Code 7545 and includes fuel derived from animal wastes, including poultry wastes and other waste materials, municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. Biomass-based diesel does not include biodiesel.
"Biomass-based diesel blend" means a blend of petroleum-based diesel fuel with biomass-based diesel.
"Certification" means the process of determining the accuracy of a commercial device to the standards of this state by a registered service representative or the division.
"Commercial device" means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging, inventory control or law enforcement purposes.
"Commodity" means any merchandise, product or substance produced or distributed for sale to or use by others.
"Correct" as used in connection with weights and measures means conformance to all applicable requirements of this chapter.
"Diesel fuel" means a refined middle distillate that is used as a fuel in a compression-ignition internal combustion engine and that meets the specifications of ASTM D975.
"Division" means the weights and measures services division of the department.
"Ethanol flex fuel" means a fuel ethanol gasoline blend that meets the specifications of ASTM D5798 standard specification for ethanol fuel blends for flexible-fuel automotive spark-ignition engines.
"Fleet owner" means a registered owner or lessee of at least twenty-five vehicles.
"Gasoline" means a volatile, highly flammable liquid mixture of hydrocarbons that does not contain more than five one-hundredths grams of lead for each United States gallon, that is produced, refined, manufactured, blended, distilled or compounded from petroleum, natural gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment or suspended matter, with or without additives, and that is commonly used as a fuel for spark-ignition internal combustion engines. Gasoline does not include diesel fuel or ethanol flex fuel.
"Gasoline provider" means any manufacturer of gasoline or any person who imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person who sells gasoline intended for ultimate consumption within a vehicle emissions control area. Gasoline provider does not mean a person with respect to a gasoline supplied or sold by the person to another person for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area.
"Inspector" means a state official of the division.
"Liquid measuring device" means any meter, pump, tank, gauge or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low viscosity heating oil.
"Manufacturer's proving ground" means a facility whose sole purpose is to develop complete advanced vehicles for an automotive manufacturer.
"Misfuel" means the act of dispensing into the fuel tank of a motor vehicle a motor fuel that was not intended to be used in the engine of that motor vehicle.
"Motor fuel" means a petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, number one or number two diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine, including biodiesel blends, biofuel blends and ethanol flex fuels.
"Motor vehicle racing event" means a race that uses unlicensed vehicles designed and manufactured specifically for racing purposes and that is conducted on a public or private racecourse for the entertainment of the general public. Motor vehicle racing event includes practice, qualifying and demonstration laps conducted as part of the activities related to a motor vehicle race.
"Oxygenate" means any oxygen-containing ashless, organic compound, including aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline blending component and that is approved as a blending agent under the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f).
"Oxygenated fuel" means an unleaded motor fuel blend that consists primarily of gasoline and at least one and one-half percent by weight of one or more oxygenates and that has been blended consistent with the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f).
"Package" means any commodity enclosed in a container or wrapped in any manner in advance of sale in units suitable for either wholesale or retail trade.
"Person" means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations.
"Product transfer document" means any bill of lading, loading ticket, manifest, delivery receipt, invoice or other documentation used on any occasion when a person transfers custody or title of motor fuel other than when motor fuel is sold or dispensed at a service station or fleet vehicle fueling facility.
"Public weighmaster" means any person who is engaged in any of the following:

(a) The business of weighing any object or thing for the public generally for hire or for internal use and issuing for that weighing a weight certificate intended to be accepted as an accurate weight on which a purchase or sale is to be based or on which a service fee is to be charged.

(b) The business of weighing for-hire motor vehicles, trailers or semitrailers and issuing weight certificates intended to be accepted as an accurate weight for the purpose of determining the amount of any tax, fee or other assessment on the vehicles.

"Reference standards" means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived.
"Registered service agency" means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and that has been issued a license by the division.
"Registered service representative" means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the division.
"Retail seller" means a person whose business purpose is to sell, expose or offer for sale or use any package or commodity by weight, measure or count.
"Secondary standards" means the physical standards that are traceable to the reference standards through comparisons, using acceptable laboratory procedures, and that are used in the enforcement of weights and measures laws and rules.
"Supplier" means any person that imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person that sells gasoline intended for ultimate consumption within a vehicle emissions control area, except that supplier does not mean a person with respect to gasoline supplied or sold by the person to another for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area.
"Vehicle emissions control area" means a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, or any portion of area B or C, except that such an area does not include a manufacturer's proving ground that is located in the vehicle emissions control area.
"Weight" as used in connection with any commodity means net weight.
"Weights" or "measures", or both, means all weights, measures, meters or counters of every kind, instruments and devices for weighing, measuring, metering or counting and any appliance and accessories associated with any or all such instruments and devices.

Article 2 State Administration of Weights and Measures

§ 3-3411 Standard weights and measures

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of such systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents, as published by the national institute of standards and technology are recognized and shall govern weighing and measuring equipment and transactions in the state.

§ 3-3412 Physical standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state reference standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards and technology. All secondary standards may be prescribed by the associate director and shall be verified on initial receipt and as often thereafter as deemed necessary by the associate director.

§ 3-3413 Technical requirements for commercial devices

The specifications, tolerances and other technical requirements for commercial devices as adopted by the national conference on weights and measures and published in national institute of standards and technology handbook 44, "specifications, tolerances, and other technical requirements for commercial weighing and measuring devices" shall apply to commercial weighing and measuring devices in the state. The edition of the national institute of standards and technology handbook 44 shall be determined by rule, pursuant to section 3-3414, subsection A, paragraph 4.

§ 3-3414 Powers and duties; definition

A. The division shall:

Maintain custody of the state reference standards of weights and measures that are traceable to the United States prototype standards and that are supplied to the states by the federal government or that are otherwise approved as being satisfactory by the national institute of standards and technology.
Keep the state reference standards in a safe and suitable place in the metrology laboratory of the division and ensure that they are not removed from the laboratory except for repairs or for calibration as may be prescribed by the national institute of standards and technology.
Keep accurate records of all standards and equipment.
Adopt any rules necessary to carry out this chapter and adopt reasonable rules for the enforcement of this chapter. These rules have the force and effect of law and shall be adopted pursuant to title 41, chapter 6. In adopting these rules, the associate director shall consider, as far as is practicable, the requirements established by other states and by authority of the United States, except that rules shall not be made in conflict with this chapter.
Publish rules adopted pursuant to this chapter and issue appropriate copies at no cost to all new applicants for licensure and certification. Updated copies of the rules shall be distributed, on request, at no cost to the public.
Investigate complaints made to the division concerning violations of this chapter and, on its own initiative, conduct investigations it deems appropriate to develop information relating to prevailing procedures in commercial quantity determination and relating to possible violations of this chapter, in order to educate the public and regulated persons to encourage and promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
Establish labeling standards, establish standards of weight, measure or count and establish reasonable standards of fill for any packaged commodity, and may establish standards for open dating information.
Grant, pursuant to this chapter, exemptions from the licensing provisions of this chapter for weighing and measuring instruments, standards or devices when the ownership or use of the instrument or device is limited to federal, state or local government agencies in the performance of official functions. On request, the division may conduct inspections of instruments, standards or devices and shall charge a fee pursuant to section 3-3452.
Delegate to appropriate personnel any of the responsibilities of the associate director for the proper administration of this chapter.
Inspect and test weights and measures that are kept, offered or exposed for sale.
Inspect and test, to ascertain if they are correct, weights and measures that are commercially used either:

(a) In determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count.

(b) In computing the basic charge or payment for services rendered on the basis of weight, measure or count.

Test, at random, commodities, weights and measures that are used in public institutions for which monies are appropriated by the legislature. The testing of commodities, weights and measures in public institutions includes items:

(a) That have historically been of short weight, measure or count.

(b) That have been found to be of short weight, measure or count by other jurisdictions.

Test, approve for use and affix a seal of approval for use on all weights, measures and commercial devices that are manufactured in or brought into this state as it finds to be correct and shall reject and mark as rejected weights, measures and devices that it finds to be incorrect. Weights, measures and devices that have been rejected may be seized by the division if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The division shall condemn and may seize weights, measures and devices that are found to be incorrect and that are not capable of being made correct. The division may affix a nontampering seal to commercial devices that are tested and found to be within applicable tolerance.
Sample and test motor fuel that is stored, sold or exposed or offered for sale or that is stored for use by a fleet owner to determine whether the motor fuel meets the standards for motor fuel set forth in section 3-3433 and article 6 of this chapter and in any rule adopted by the associate director pursuant to this chapter.
Randomly witness tests on all mandated vapor recovery systems that are installed or operated in this state and, if the systems are determined to be in compliance with the law, approve those systems for use and reject, mark as rejected and stop the use of those systems that are determined not to be in compliance with the law.
Inspect facilities at which motor fuel is stored, sold or exposed or offered for sale to determine whether dispensing devices are properly labeled.
Publish and distribute to consumers and regulated persons weighing and measuring information.
Weigh, measure or inspect commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or rules adopted pursuant to this chapter. In carrying out this section, the associate director shall employ recognized sampling procedures, such as are designated in appropriate national institute of standards and technology handbooks and supplements to those handbooks, except as modified or rejected by rule.
Allow reasonable variations from the stated quantity of contents only after a commodity has entered intrastate commerce. These variations shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice.
Prescribe the standards of weight and measure and additional equipment methods of test and inspection to be employed in the enforcement of this chapter. The associate director may prescribe or provide the official test and inspection forms to be used in the enforcement of this chapter.
Apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this chapter.
Subject to title 41, chapter 4, article 4, employ such personnel as needed to assist in administering this chapter.
Ensure that any information that is required to be filed with the division, that relates to the contents of motor fuels that are sold in this state and that is a trade secret as defined in section 49-201 is not disclosed.
Establish by rule labeling standards for tanks and containers of motor fuels.

B. The associate director may provide for the periodic examination and inspection of metering devices, including devices used to measure usage of electricity, natural gas or water by a consumer. Examination and inspection authority shall not apply to metering devices owned by federal, state or local government agencies unless requested by the government agency that owns the metering devices.

C. The associate director may establish standards for the presentation of cost-per-unit information. This subsection does not mandate the use of cost-per-unit information in connection with the sale of any standard packed commodity.

D. The associate director, when necessary to carry out this chapter, may adopt and enforce rules relating to quality standards for motor fuel, kerosene, oil, except used oil fuel, and hazardous waste fuel, lubricating oils, lubricants, antifreeze and other liquid or gaseous fuels. The associate director shall adopt rules to ensure that oxygenated fuels, as described in article 6 of this chapter, that are stored, used, sold or exposed or offered for use or sale are blended and stored, sold, exposed or offered in such a manner as to ensure that the oxygenated fuels are properly blended, that they meet the standards set forth in section 3-3433 and article 6 of this chapter, and in rules adopted pursuant to this chapter, and that dispensers at which the oxygenated fuels are dispensed are labeled as defined by rule of the division in such a manner as to notify persons of the type of oxygenated fuel being dispensed and the maximum percentage of oxygenate by volume contained in the oxygenated fuel. The associate director of the division shall consult with the director of the department of environmental quality in adopting rules pursuant to this subsection.

E. Testing and inspection conducted pursuant to this chapter shall be done, to the extent practicable, without prior notice, by a random systematic method determined by the associate director or in response to a complaint by the public. The testing and inspection may be done by private persons and firms pursuant to contracts entered into by the associate director in accordance with title 41, chapter 23 or by a registered service agency or registered service representative licensed pursuant to section 3-3454. The associate director shall establish qualifications of persons and firms for selection for purposes of this subsection. The persons or firms conducting the testing and inspection shall immediately report to the division any violations of this chapter and incorrect weights, measures, devices, vapor recovery systems or vapor recovery components for investigation and enforcement by the division. A person or firm that tests or inspects a weight, measure, device, vapor recovery system or vapor recovery component that is rejected shall not correct the defect causing the rejection without the permission of the division.

F. During the course of an investigation or an enforcement action by the division, information regarding the complainant is confidential and is exempt from title 39, chapter 1, unless the complainant authorizes the information to be public.

G. For the purposes of the labeling requirements prescribed in this section, "oxygenated fuel" means a motor fuel blend containing 1.5 percent or more by weight of oxygen.

§ 3-3415 Enforcement powers of the associate director, agents and inspectors

A. When necessary for the enforcement of this chapter and rules adopted pursuant to this chapter, the associate director or the associate director's agents and inspectors shall:

Enter any commercial, nonprofit business or governmental premises during normal operating hours, except that if the premises are not open to the public, the associate director or the associate director's agents and inspectors shall first present their credentials.
Issue stop-use, hold and removal orders with respect to any weights and measures commercially used, stop-sale, hold and removal orders with respect to any commodities, bulk commodities or motor fuel kept, offered or exposed for sale, stop-use and hold orders with respect to a vapor recovery system or parts of a vapor recovery system and stop-use, stop-sale, hold and removal orders with respect to any motor fuel found to be in violation of this chapter or rules adopted pursuant to this chapter.
Seize for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale or sold in violation of this chapter or rules adopted pursuant to this chapter.
Stop any commercial vehicle on reasonable cause to believe that the vehicle contains evidence of a violation of this chapter and, after presentment of the credentials of the associate director or the associate director's agents or inspectors, inspect the contents, require that the person in charge of the vehicle produce any documents in the person's possession concerning the contents and require the person to proceed with the vehicle to some specified place for inspection.

B. With respect to the enforcement of this chapter, the associate director or the associate director's agents or inspectors may issue a warning requiring corrective action or a citation to any violators of this chapter in accordance with section 13-3903.

C. The associate director or the associate director's agents or inspectors may apply for a special inspection warrant for inspection of real or personal property for the purpose of enforcement of this chapter. The special inspection warrant shall be issued as provided in section 49-433.

§ 3-3416 State metrology laboratory; operation; standards; testing

A. The associate director shall establish and operate within the division the state metrology laboratory.

B. A commercial device shall not be approved for use in the state unless the design and construction comply with national institute of standards and technology requirements.

C. All commercial devices approved and certified shall meet the tolerance, design and construction requirements prescribed by the national institute of standards and technology.

D. All commercial devices that are determined unfit for approval shall be rejected without testing.

E. All weights, weight sets, measures, meters, counters or other devices that are used by registered service representatives shall show an indication of the approval date and jurisdiction issuing the approval.

F. All persons who install, service or repair commercial devices in this state shall submit the test equipment used to the division's metrology laboratory for approval at least annually. A certificate of approval that specifically identifies the test equipment and that is issued by another state laboratory may be accepted in lieu of submitting equipment if the other state laboratory is certified by the national institute of standards and technology.

G. All weights, measures, meters, counters or other devices shall be tested in the order they are scheduled in the laboratory unless arrangements for testing have been made in advance.

H. Work that is completed in the metrology laboratory shall be paid for pursuant to the fees prescribed in the rules of the division.

§ 3-3417 Fees to state general fund

The associate director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected in the state general fund.

§ 3-3418 Disposition of seized property

One hundred eighty days after the final disposition of an investigation and any ensuing enforcement action, the division may destroy those weights, measures or devices that are seized pursuant to section 3-3414 or 3-3415 or transfer the items to the department of administration for disposition as state surplus property pursuant to the direction of the department of administration, surplus property division.

§ 3-3419 Consultation and training program; inspection training program

The associate director may develop and implement the following training programs:

A consultation and training program for entities regulated under this chapter that uses on-site visits, training and educational materials, and informational presentations to provide training and advice on interpreting, applying and complying, including alternative methods of complying, with the statutes, rules, regulations, standards or other matters relating to compliance with this chapter.
An inspection training program for division inspectors and employees to ensure that all inspections and tests provided for in this chapter are conducted in a consistent manner to the extent practicable.

Article 3 Method of Sale of Commodities and Services

§ 3-3431 Sale of commodities

A. A person shall not sell or offer or expose for sale less than the quantity the person represents.

B. As a buyer, a person shall not take any more than the quantity the person represents when the person furnishes the weight or measure by means of which the quantity is determined.

C. A person shall not misrepresent the price of any commodity or service sold or offered, exposed or advertised for sale by weight, measure or count or represent the price in any manner calculated or tending to mislead or in any way deceive a person.

D. Except as otherwise provided by the associate director, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by measure or by count, as long as the method of sale provides accurate quantity information.

E. If the quantity is determined by the seller, bulk sales shall be accompanied by a delivery ticket containing the following information unless exempted by rule:

The name and address of the vendor and purchaser.
The date delivered.
The quantity delivered and the quantity on which the price is based, if this differs from the delivered quantity.
The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale.
The count of individually wrapped packages, if more than one.

F. Except as otherwise provided in this chapter or by rules adopted pursuant to this chapter, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration of:

The identity of the commodity in the package, unless the commodity can easily be identified through the wrapper or container.
The quantity of contents in terms of weight, measure or count.
The name and place of business of the manufacturer, packer or distributor, in the case of any package kept, offered or exposed for sale or sold in any place other than on the premises where packed.
The price, except as provided in subsections L, M and N of this section.

G. In addition to the declarations required by subsection F of this section, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.

H. If a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or rule to appear on the package. If a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.

I. The packager of a short weighted item offered for sale is liable under this chapter.

J. If a retail seller engaging in the sale of motor fuel posts the selling price of the fuel on the premises, the seller shall post the selling price only by the price per gallon, except that if the fuel is dispensed by a measure other than whole gallons the seller shall represent the selling price for each unit of such other measure on the individual pump or other dispensing device. If a retail seller engaging in the sale of motor fuel advertises the price of the fuel off the premises, the retail seller shall advertise the price only by the price per gallon.

K. The owner or operator of a motor fuel dispensing site shall ensure that a sticker provided by the department of transportation that is three inches by five inches and that depicts the amount of federal and state taxes imposed on one gallon of gasoline is displayed on one side of each motor fuel dispenser. The sticker required by this subsection shall contain white lettering on a black background or black lettering on a white background to ensure a contrasting color to the motor fuel dispenser and shall be placed on the upper sixty percent of the dispenser. The division shall use stickers provided by the department of transportation. A template of the sticker shall be placed on the division's website for use by retailers.

L. Instead of each package bearing the price as required under subsection F, paragraph 4 of this section, the seller may post the price of the package on the shelf or may display the price at or near the point of display of the product.

M. Instead of each package bearing the price as required under subsection F, paragraph 4 of this section, if the package is available for sale only with the assistance of a salesperson, the seller may display the package at a service counter staffed by the salesperson.

N. Instead of each package bearing the price as required under subsection F, paragraph 4 of this section, if the package is offered for sale at a price reduced by a percentage or a fixed amount from a previously offered price or at a reduced price for the purchase of multiple items, the reduction shall be displayed at the point of display of the package or near the point of display of the package in the manner required by this section.

O. On the request of a consumer, a retail seller shall provide:

A means of recording prices such as grease pencils, felt markers, scanners or other similar instruments for recording the price.
A written statement of the retail seller's policies regarding errors in pricing.

§ 3-3432 Sale, delivery or consignment of motor fuel; temperature presumption

For the purpose of any sale, offer to sell, delivery or consignment of motor fuel in a quantity of five thousand gallons or more, the volume of the motor fuel for the purposes of calculating the price of the motor fuel is considered to be the volume that the quantity of the motor fuel would equal at the time of loading for sale, delivery or consignment if the temperature of the motor fuel was sixty degrees Fahrenheit. Any correction or adjustment required by this section shall be calculated on the basis of American society for testing and materials D1250-80, table 6B.

§ 3-3433 Standards for motor fuel; exceptions

A. Except as provided in section 3-3434 and subsections C, D, E, F, G and K of this section, a retail seller or fleet owner shall not store, sell or expose or offer for sale any motor fuel, kerosene, oil or other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of lubricants or other similar products if the product fails to meet the standards specified in this section and in the rules adopted by the associate director.

B. A person shall not misrepresent the nature, origination, quality, grade or identity of any product specified in subsection A of this section or represent the nature, origination, quality, grade or identity of such product in any manner calculated or tending to mislead or in any way deceive. This subsection does not prohibit product origination disclaimer labeling on the retail dispenser.

C. After consultation with the director of the department of environmental quality, the standards and test methods for motor fuels shall be established by the associate director of the division by rule.

D. Maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A shall be 9.0 pounds per square inch from and after September 30 through March 31 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.

E. From and after September 30 through March 31 of each year, a person shall not supply or sell gasoline that exceeds the ASTM D4814 class A vapor pressure/distillation class ten volume percent evaporated distillation temperature.

F. Maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in a county with a population of one million two hundred thousand persons or more and any portion of a county contained in area A shall be 7.0 pounds per square inch from and after May 31 through September 30 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.

G. Exclusively for the purposes of transportation conformity and only if the administrator of the United States environmental protection agency fails to approve the applicable plan required pursuant to section 49-406, maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in area B shall be ten pounds per square inch from and after September 30 through March 31 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.

H. Notwithstanding subsections D, F and G of this section, the associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and the associate director determine will result in either of the following:

Motor vehicle carbon monoxide emissions that are equal to or less than emissions that result under compliance with subsection D of this section and section 3-3492. In making this determination, the associate director of the division and the director of the department of environmental quality shall compare the emissions of the alternate fuel control measure with the emissions of a fuel with a maximum vapor pressure standard as prescribed by this section and with the minimum oxygen content or percentage by volume of ethanol as prescribed by section 3-3492.
Motor vehicle non-methane hydrocarbon emissions that are equal to or less than the emissions that result under compliance with subsection F of this section. In making this determination, the associate director of the division and the director of the department of environmental quality shall compare the motor vehicle non-methane hydrocarbon emissions of the alternate fuel control measure with the motor vehicle non-methane hydrocarbon emissions of a fuel that complies with the maximum vapor pressure standard as prescribed by subsection F of this section.

I. Any alternate fuel control measures that are approved shall not increase emissions of non-methane hydrocarbons, particulates, carbon monoxide or oxides of nitrogen. Alternate fuel control measures approved pursuant to subsection H of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.

J. A person shall not sell or offer or expose for sale diesel fuel grade 1, 2 or 4 as defined in ASTM D975, biodiesel, biodiesel blends or biomass-based diesel or biomass-based diesel blends that contain sulfur in excess of fifteen parts per million. Locomotive and marine diesel fuel is exempt from this requirement if the fuel meets the requirements of 40 Code of Federal Regulations section 80.513(g) and (h).

K. A person shall label dispensers at which biodiesel, biodiesel blends, biomass-based diesel or biomass-based diesel blends are dispensed in conformance with 16 Code of Federal Regulations part 306. This section does not preclude a person from labeling a dispenser that dispenses diesel fuel that contains up to five percent biodiesel or biomass-based diesel with a label that states "may contain up to five percent biodiesel" or "may contain up to five percent biomass-based diesel".

L. For biodiesel blends that contain more than five percent by volume of biodiesel, a person shall prepare product transfer documents in a manner that notifies the transferee of the percent by volume of biodiesel in the product.

M. The associate director shall adopt rules regarding the establishment and enforcement of all of the following:

National or federal standards for individual biofuels and biofuel blends.
United States environmental protection agency and ASTM test methods for individual biofuels and biofuel blends.
Registration and reporting requirements for producers, blenders and suppliers of biofuels and biofuel blends.
Labeling requirements for biofuels and biofuel blends other than biodiesel or biodiesel blends.
Quality assurance and quality control programs for producers, blenders and suppliers of biofuels and biofuel blends addressing rack, batch or other blending.
Requirements that the dispensing equipment meet appropriate UL ratings where available and applicable, that the equipment comply with rules adopted by the division relating to approval, installation and sale of devices and that the equipment be compatible with the products being dispensed.

N. A biofuels or biofuel blends producer, blender, distributor, supplier or retail seller that is in compliance with this section and the rules adopted pursuant to this section is not liable to a consumer for any injuries or property damage related to a consumer who misfuels.

O. If any person transfers custody or title of a diesel fuel or distillate, biodiesel, a biodiesel blend, biomass-based diesel or a biomass-based diesel blend, except if the fuel is dispensed into a motor vehicle or nonroad, locomotive or marine equipment, the transferor shall provide to the transferee product transfer documents that conform with 40 Code of Federal Regulations section 80.590.

P. If the transfer of a motor fuel is from a terminal, storage facility, or transmix facility, the product transfer documents shall contain the information prescribed in subsection O of this section. In addition, the fuel transporter shall ensure that the name and address of the final destination for the shipment, as prescribed by division rule, are included and that the product transfer documents accompany the shipment to its final destination.

§ 3-3434 Area C; standards for motor fuel; exceptions

A. Except as provided in subsections C and D of this section, after May 31, 2008, a retail seller or fleet owner shall not store, sell or expose or offer for sale in area C any motor fuel, kerosene, oil or other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of lubricants or other similar products if the product fails to meet the standards specified in this section and in the rules adopted by the associate director.

D. Maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in area C shall be 7.0 pounds per square inch from and after May 31 through September 30 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.

E. The associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and associate director determine will result in motor vehicle non-methane hydrocarbon emissions that are equal to or less than the emissions that result under compliance with subsection D of this section. In making this determination, the associate director of the division and the director of the department of environmental quality shall compare the motor vehicle non-methane hydrocarbon emissions of the alternate fuel control measure with the motor vehicle non-methane hydrocarbon emissions of a fuel that complies with the maximum vapor pressure standard as prescribed by subsection D of this section.

F. Any alternate fuel control measures that are approved shall not increase emissions of non-methane hydrocarbons, particulates, carbon monoxide or oxides of nitrogen. Alternate fuel control measures approved pursuant to subsection E of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.

§ 3-3435 Heating of motor fuel prohibited

A person shall not sell or offer or expose for sale any motor fuel if the temperature of the motor fuel has been changed by any type of a heating device.

§ 3-3436 Dispensing motor fuel; hold-open latches; grip guards; definition

A. A retail seller may equip all nozzles from which motor fuel is dispensed with an operating hold-open latch.

B. From and after September 30, 2018, all retail diesel fuel dispensers shall be equipped with nozzles that have green grip guards and all retail ethanol flex fuels shall be equipped with yellow grip guards. Other product nozzles may not have green or yellow grip guards.

C. For the purposes of this section, "hold-open latch" means a device that is an integral part of the automatic nozzle and that is specifically manufactured to dispense motor fuel without requiring the consumer's physical contact with the automatic nozzle.

§ 3-3437 Aversive or bittering agent in engine coolant and antifreeze; liability limitation; exceptions; violation; classification

A. Engine coolant or antifreeze that is sold in this state on or after January 1, 2008, that is manufactured on or after September 1, 2007 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per million as an aversive or bittering agent in the product to render it unpalatable. A manufacturer or packager of engine coolant or antifreeze that is subject to this section shall maintain a record of the trade name, scientific name and active ingredients of the aversive or bittering agent used pursuant to this section. A manufacturer or packager of engine coolant or antifreeze shall furnish information and documentation maintained pursuant to this section to a member of the public on request.

B. This section applies only to manufacturers, packagers, distributors, recyclers or sellers of engine coolant or antifreeze. For the purposes of this section, selling does not include the installation of engine coolant or antifreeze for compensation.

C. A manufacturer, packager, distributor, recycler or seller of engine coolant or antifreeze that is required to contain an aversive or bittering agent pursuant to this section is not liable to any person for personal injury, death, property damage, damage to the environment or natural resources or economic loss that results from the inclusion of denatonium benzoate in engine coolant or antifreeze.

D. The limitation on liability provided in subsection C of this section applies only if denatonium benzoate is included in engine coolant or antifreeze in the concentrations required by this section. The limitation on liability provided in subsection C of this section does not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze.

E. A political subdivision of this state shall not establish or continue in effect a prohibition, limitation, standard or other requirement relating to the inclusion of an aversive or bittering agent in engine coolant or antifreeze, with respect to retail containers containing less than fifty-five gallons of engine coolant or antifreeze, that is different from, or in addition to, this section.

F. This section does not apply to either:

The sale of a motor vehicle that contains engine coolant or antifreeze.
Wholesale containers of engine coolant or antifreeze containing fifty-five gallons or more of engine coolant or antifreeze.

G. The division may inspect, investigate, analyze and take appropriate actions to administer and enforce this section.

H. A person who violates this section is guilty of a class 3 misdemeanor.

Article 4 Licensing, Testing and Certification

§ 3-3451 Licensing devices used for commercial purposes; authorization to test devices used for all other purposes; fees; certification; issuance of license; violation; classification

A. A person shall not use a commercial device unless the device is licensed or certified as provided in this chapter.

B. A license shall be obtained annually from the division on forms prescribed and furnished by the division. The fee prescribed in this chapter shall be submitted with the prescribed form. A license shall be obtained not later than thirty days following the first day of commercial use for original installations. If the ownership of a device that is licensed is transferred, the ownership of the license may be transferred. On transfer of a license, new licensees shall notify the division of the licensee's name and address and the location of the device. A license for a device shall be posted at the licensed business location in a manner that provides the division with access to the license during normal business hours. The division may issue or renew a device license for two or three years at the option of the applicant or licensee if the applicant or licensee pays the total amount of applicable annual fees in full at the time of issuance or renewal.

C. Any license issued under this chapter applies only to the instrument or device specified in the license, except that the associate director may allow the license to apply to a replacement for the original instrument or device.

D. Noncommercial devices may be tested by the division pursuant to this chapter. A weighing device owned by a person who uses it only for the purpose of weighing the person's own livestock or agricultural products and for no commercial purposes is declared to be a noncommercial device, and the owner of the device is exempt from paying any licensing fees collected pursuant to this chapter.

E. If a commercial livestock scale is used for thirty or more days in a calendar year, the scale is required to be licensed. If a commercial livestock scale is used for fewer than thirty days in a calendar year, the scale is required to be certified. If an owner or operator of a commercial livestock scale requests that the division certify the scale, the certification fee shall be comparable to the license fee prescribed in section 3-3452. If an owner or operator of a noncommercial scale requests that the division certify the scale, the certification fee shall be comparable to the license fee prescribed in section 3-3452.

F. At the request of the owner or user of a portable batch plant, the division may certify the portable batch plant. If the division certifies a portable batch plant, the certification fee shall be comparable to the license fee prescribed in section 3-3452.

G. Any portable measuring device that is five gallons or less and that is properly marked by the manufacturer according to standards established by the national institute of standards and technology is exempt from the licensing and certification provisions of this chapter.

H. For the purpose of ascertaining compliance with the licensing provisions of this article, the department of revenue shall provide the division with a monthly report of all transaction privilege tax licenses issued in the prior month. The report shall include the business name, type of business and business address of the licensee.

I. The department of revenue shall annually notify each transaction privilege tax licensee that the licensee is required to register new or existing weighing or measuring devices with the division.

J. A person or the person's agent who knowingly files with the division any notice, statement or other document required under this section that is false or that contains any material misstatement of fact is guilty of a class 2 misdemeanor.

§ 3-3452 Licensing fees; proration; cancellation for nonpayment

A. The following fees shall be paid to the division as license fees for devices used for commercial purposes:

Schedules of Fees

Weighing devices:

0 - 500 pounds capacity (or metric equivalent) $ 12.00

501 - 2,000 pounds capacity 18.00

2,001 - 7,500 pounds capacity 36.00

7,501 - 20,000 pounds capacity 80.00

20,001 - 60,000 pounds capacity 120.00

60,001 pounds capacity and over 180.00

Liquid metering devices (meters) other than

||||||for liquid petroleum gas and utility meters:

maximum 12 gallons per minute and under 12.00

maximum 13 - 150 gallons per minute 36.00

maximum 151 - 500 gallons per minute 90.00

maximum 501 - 1,000 gallons per minute 138.00

maximum 1,001 gallons per minute and over 168.00

Motor fuel devices (dispensers) other than

||||||for liquid petroleum gas (not including

||||||satellite hoses or nozzles):

Standard Vapor Recovery Test

each meter 15.00 30.00

each blending valve 15.00 30.00

high volume (over 19 gallons per minute)

diesel per hose and nozzle 15.00

keylock, limited access, with accumulators,

per hose and nozzle 22.50

remote indicator and control unit (no hoses

or nozzles) (accessory only) 22.50

Liquid measuring devices for liquid petroleum

||||||gas (meters):

small bottle fill measuring devices 24.00

motor fuel measuring devices, uncompensated 24.00

motor fuel measuring devices, temperature

compensating, including compressed natural

gas filling devices 48.00

motor fuel measuring devices, keylocks 48.00

3/4" and 1" meters, uncompensated 48.00

1 1/4", 1 1/2" and 1 3/4" meters, uncompensated 72.00

2" meters and larger, uncompensated 72.00

3/4" and 1" meters, temperature compensating 54.00

1 1/4", 1 1/2" and 1 3/4" meters, temperature

compensating 90.00

2" meters and larger, temperature compensating 96.00

Linear measuring devices:

||||||||all linear measuring mechanical devices 24.00

Time measuring devices:

||||||||all time measuring mechanical, electrical and

|||||||||||| electronic devices 24.00

Counting devices:

all mechanical and electronic counting devices 12.00

B. Testing, inspection, certification and calibration fees shall be paid pursuant to the fee schedule set forth in subsection A of this section or the rules of the division. The division shall waive license fees for customer parking time measuring meters owned by municipalities.

C. Issuance or renewal of license as:

Public weighmaster 48.00
Registered service agency 24.00
Registered service representative 4.80

D. The fees set forth in this section are the maximum amounts that may be charged, but the associate director, at the associate director's discretion, may reduce the fees to any amount the associate director deems necessary.

E. The associate director may prorate the fees set forth in this section for partial-year application.

F. If a person fails to pay a license, permit or certification fee on or before the date the fee is due, the division shall impose a penalty equal to twenty percent of the fee. For each thirty-day period after the date the fee is due, the division shall impose an additional penalty equal to twenty percent of the fee. If a person fails to pay a license, permit or certification fee and all related penalties for ninety days after the fee is due, the division shall cancel the license, permit or certification.

§ 3-3453 License as public weighmaster or deputy weighmaster required; application; fee; renewal; training; exemptions

A. A person shall not serve as a public weighmaster or deputy weighmaster unless the person is issued a public weighmaster or deputy weighmaster license by the division in accordance with practices and procedures to be established by the associate director. An applicant for a public weighmaster or deputy weighmaster license shall:

Demonstrate a thorough knowledge of all appropriate weights and measures laws, rules and policies.
Have possession of, or have available for use, a scale that is of sufficient capacity and size and that is licensed and certified pursuant to section 3-3451.
Demonstrate the necessary experience and training to operate the scale.
Pass the required examination administered by the division. The associate director may waive the examination required by this paragraph.

B. An application for a public weighmaster or deputy weighmaster license shall be submitted to the division on a form prescribed and furnished by the division and shall be accompanied by the license fee prescribed in section 3-3452. The division shall issue a public weighmaster or deputy weighmaster license for a period of twelve calendar months. The license expires on the first day of the month and year indicated on the license. A public weighmaster or deputy weighmaster license shall be posted at the licensed scale site in a manner that provides the division access to the license during normal business hours.

C. If a licensee submits a license renewal application to the division before the date of expiration of the current license together with the renewal fee prescribed by the division, the existing license shall be valid for thirty days following its expiration date, or until issuance of the renewal license, whichever occurs first.

D. A public weighmaster shall provide the necessary training for any deputy weighmaster using the public weighmaster's seal to certify weigh tickets.

E. Except as otherwise provided in subsection G of this section, the certified weighing of any property, livestock or commodity shall be performed only by a public weighmaster or deputy weighmaster. The following persons are not required to obtain licenses as public weighmasters or deputy weighmasters:

A person weighing property, livestock or a commodity that the person or the person's employer is either buying or selling for the own account of the person or the person's employer.
A person weighing property, livestock or a commodity in conjunction with or on behalf of a publicly sponsored or nonprofit organization sponsored exposition, fair or show event.

F. The official weighing of vehicles or conveyances by any employee of a city, county or state agency for weight-control regulatory purposes on public highways, roads or streets does not constitute public weighing.

G. On request and without charge, the division may issue a limited weighmaster license to any qualified officer or employee of a city, a county or the state authorizing the officer or employee to act as a public weighmaster only within the scope of the officer's or employee's official employment and duties in enforcing local ordinances substantially complying with the requirements of this chapter. While performing the duties of a limited weighmaster, a limited weighmaster shall have the limited weighmaster's license in the limited weighmaster's possession.

H. The division shall approve all forms, certificates, seals and other documents together with practices, procedures and equipment used by public weighmasters or deputy weighmasters in the performance of their duties. A public weighmaster or deputy weighmaster shall keep for such a period as the division by rule may require a legible copy of each weight certificate the public weighmaster or deputy weighmaster issues. Copies of weight certificates shall be available at all reasonable times for inspection by the division.

§ 3-3454 License required as registered service agency or registered service representative; qualifications; application; fees; renewal

A. A person shall not operate as a registered service agency or as a registered service representative until a license is issued as provided in this section.

B. An applicant for a registered service agency license shall:

Submit application information satisfactory to the division.
Comply with section 3-3416, subsection E or provide evidence that the applicant's vapor recovery test equipment has been certified by the manufacturer of the equipment within one year of the date of the application or as deemed appropriate by the division.
Pay all required fees.

C. An applicant for a registered service representative license shall:

Demonstrate a thorough working knowledge of all appropriate weights and measures laws, orders and rules.
Demonstrate to the division that the applicant has possession of, or has available for use, weights and testing equipment appropriate in design and adequate in amount.
Demonstrate the necessary knowledge, training and experience regarding appropriate standards and testing equipment to service commercial devices, vapor recovery systems or vapor recovery components.
Pass the required examination administered by the division.
Pay all required fees.

D. An application for a registered service agency or registered service representative license shall be submitted by the applicant to the division on a form prescribed and furnished by the division. The division shall issue a registered service agency or registered service representative license for a period of twelve calendar months. The license expires on the first day of the month and year indicated on the license. Each license shall contain, among other information, a license number. A registered service agency license shall be posted at the licensed business location in a manner that provides the division with access to the license during normal business hours. While performing the duties of a registered service representative, a registered service representative shall have the registered service representative's license in the registered service representative's possession.

E. If a licensee submits a license renewal application to the division before the date of expiration of the current license, together with the prescribed renewal fee, the existing license is valid for thirty days following its expiration date or until issuance of the renewal license, whichever occurs first.

F. The associate director shall publish, from time to time as the associate director deems appropriate, and may supply on request lists of registered service representatives and registered service agencies.

G. Each registered service representative license issued by the division shall indicate the type of service approved by the division for the licensee.

H. A registered service agency shall use forms and related procedures prescribed by the division in the performance of its duties. A registered service agency shall keep a legible copy of each form used for at least the time period prescribed by the division in its rules. Copies of the forms shall be available during normal business hours for inspection by the division.

Article 5 Regulation

§ 3-3471 Registered service representative; powers; violation; classification

A. When any commercial device specified in this chapter is in commercial use and a valid license for the device has not been procured by the owner, the owner's agent or the operator of the device, the division, after giving notice of the licensing requirements to the owner, the owner's agent or the operator, shall prohibit the further commercial use of the unlicensed device until the proper license has been issued. The division may employ and attach to the device such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the device.

B. A registered service representative may:

With approval of the division, remove an official rejection tag placed on a commercial device, vapor recovery system or vapor recovery component.
Place in service, until such time as an official examination can be made, a commercial device, vapor recovery system or vapor recovery component that has been officially rejected or placed out of service.
Place in service, until such time as an official examination can be made, a commercial device for which a commercial device application has been completed and submitted to the division.

C. The owner of any business who has not applied for and has not been issued a license for the right to do business, involving the use of a commercial device, by the division and who is found selling or offering for sale or delivering or distributing to a consumer is guilty of a class 2 misdemeanor, and the division shall confiscate and seize the commercial device or any vehicle tank, or vehicle tank and meter, or any other such measuring device used by the business for the sale, delivery or distribution as evidence.

D. The associate director and any other authorized personnel shall not be liable to the owner or any other persons, firms, partnerships, corporations, trusts or agencies for damages, directly or indirectly, caused by or resulting from the seizure.

E. If a commercial device licensed pursuant to this chapter is used contrary to any provision of this chapter or any rule adopted pursuant to this chapter, the division, in addition to any other penalty imposed by this chapter, shall suspend, revoke or refuse to renew the license.

§ 3-3472 Revocation or suspension of licenses; procedure; judicial review

A. Except as otherwise provided by this section, any proceeding to revoke or suspend a license issued pursuant to this chapter shall be conducted in accordance with title 41, chapter 6, article 10.

B. The associate director may initiate proceedings for revocation or suspension of a license issued pursuant to this chapter on the associate director's own motion or on a verified complaint for noncompliance with or a violation of this chapter or of any rule adopted pursuant to this chapter.

C. If, after having been served with the notice of hearing as provided for in title 41, chapter 6, article 10, the licensee fails to appear at the hearing and defend, the division shall proceed to hear evidence against the licensee and shall enter such order as is justified by the evidence, which order shall be final unless the licensee petitions for a review as provided in title 41, chapter 6, article 10.

D. At all hearings the attorney general of this state, one of the attorney general's assistants, or a special assistant designated by the attorney general shall appear and represent the division.

E. Except as provided in section 41-1092.08, subsection H, any final administrative decision made pursuant to this chapter is subject to judicial review pursuant to title 12, chapter 7, article 6.

§ 3-3473 Violations; classification; jurisdiction

A. A person is guilty of a class 1 misdemeanor who:

Knowingly hinders, interferes with or obstructs in any way the associate director or any of the associate director's agents or inspectors in entering the premises where a commercial device may be kept for inspecting or testing or in the performance of the official duties of the associate director or the associate director's agent or inspector.
Impersonates in any way the associate director or any one of the associate director's agents or inspectors by the use of the associate director's seal or badge or a counterfeit of the associate director's seal or badge, or in any other manner.
Uses, or possesses for the purpose of using for any commercial purpose, sells, offers or exposes for sale or hire, or possesses for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure.
Sells, or offers or exposes for sale, less than the quantity the person represents of any commodity, thing or service.
Takes more than the quantity the person represents of any commodity, thing or service, when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.

B. A person is guilty of a class 2 misdemeanor who:

Uses, or possesses for the purpose of current use for any commercial purpose, a weight or measure that does not bear a seal or mark of approval based on inspection and test as provided in section 3-3414, subsection A, paragraph 11, unless the weight or measure has been exempted from testing by order of the division, or unless the device has been placed in service as provided in this chapter. Any person or persons making use of a commercial device that is subject to this chapter shall report to the associate director or the associate director's representatives, in writing, the number and location of the commercial device and shall promptly report the installation of any new commercial device.
Disposes of any rejected or condemned weight or measure in a manner contrary to law or rule.
Removes from any weight or measure, contrary to law or rule, any tag, seal or mark placed on the weight or measure by the appropriate authority pursuant to this chapter.
Keeps for the purpose of selling, advertising or offering or exposing for sale or sells any commodity, thing or service in a condition or manner contrary to law or rule.
Uses in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is so positioned that its indications may not be accurately read and the weighing, metering, measuring or counting operation observed from some position that may reasonably be assumed by a customer.
Violates this chapter or rules adopted under this chapter. A continuing violation may be deemed to be a separate violation each day during which the violation is committed for the purpose of imposing a fine.

C. The provisions of this section are in addition to and not in limitation of any other provision of law.

D. The attorney general and the county attorney shall have concurrent jurisdiction to prosecute violations of this chapter.

§ 3-3474 Presumptive evidence of use

When a weight, measure, meter, counter or commercial device is in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that the weight, measure, meter, counter or commercial device is regularly used for the business purpose of the place.

§ 3-3475 Civil penalties; hearing

A. A person who violates this chapter, any rule of the division or any license requirement is subject to a civil penalty imposed by the associate director.

B. A person who violates this chapter, any rule of the division or any license requirement may request an informal or formal hearing to review a civil penalty imposed under this section. If the person requests an informal hearing, the division may conduct the informal hearing, in person or telephonically, to resolve a warning or citation. If the person requests a formal hearing or the warning or citation is not resolved in the informal hearing, the division shall conduct a formal hearing in accordance with title 41, chapter 6, article 10. Except as prescribed in subsection C of this section, the civil penalty shall not exceed one thousand dollars for each infraction nor more than ten thousand dollars for any thirty-day period at each business location, for each registered service representative or for each public weighmaster, provided that no person shall be assessed more than fifty thousand dollars per thirty-day period.

C. The associate director may double the maximum civil penalty if any of the following applies:

A commercial device is found to be in violation with results that favor the retailer at more than twice the allowable tolerance as stated in national institute of standards and technology handbook 44.
A package is found to exceed the maximum allowable variation for the labeled quantity allowed in national institute of standards and technology handbook 133 or the average error of the lot is twice the sample error limit in favor of the retailer.
A vapor recovery system reinspection fails the required tests.
A maximum civil penalty has been imposed on a retailer for a price posting or price verification violation and in a reinspection, if conducted within ninety days, the failure rate is ten percent or more and at least one error is in favor of the retailer.
A maximum civil penalty has been imposed on a refiner, refinery, pipeline, terminal, fuel transporter, registered supplier or transmix processing facility for a violation of motor fuel quality standards or producing a product transfer document that is incorrect, incomplete or produced in any manner tending to mislead or deceive a person.

D. The attorney general shall bring actions to recover civil penalties pursuant to this section in the superior court in the county in which the violation occurred or in a county where the agency has its office. All monies derived from civil penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

§ 3-3476 Delinquent civil penalties and fees

In addition to any other penalty, if a civil penalty or any fee due pursuant to this chapter has not been paid thirty days after the due date, the civil penalty or fee is delinquent and the division may refuse to issue a license or may revoke a license pursuant to this chapter until the civil penalty or fee is paid in full.

Article 6 Motor Fuel

§ 3-3491 Standards for oxygenated fuel; volatility; exceptions

A. From and after September 30 through March 31 of each year, in a county with a population of one million two hundred thousand or more persons and in any portion of a county contained in area A, blends of gasoline with ethanol shall not exceed the volatility requirements prescribed by section 3-3433 and rules adopted by the associate director under that section. From and after September 30 through March 31 of each year, in area B, blends of gasoline with ethanol may exceed the volatility requirements prescribed by section 3-3433 and rules adopted by the associate director under that section by up to one pound per square inch if the base fuel meets the requirements of ASTM D4814 and the final gasoline-ethanol blend contains at least six percent ethanol by volume but does not exceed United States environmental protection agency waivers. For any other locations and period of time, blends of gasoline with ethanol shall meet the volatility requirements as determined by division rule.

B. Notwithstanding subsection D of this section, the associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and the associate director determine will result in motor vehicle carbon monoxide emission reductions that will equal or exceed the reductions that result under subsection D of this section. In making those determinations, the director of the department of environmental quality and the associate director shall compare the alternative measure against the emission reduction that would be obtained from a fuel with the maximum vapor pressure standard prescribed by subsection D of this section and the minimum oxygen standard prescribed by section 3-3492 or 3-3495. Alternative fuel control measures approved by the associate director of the division in consultation with the director of the department of environmental quality may be used by any gasoline provider unless the approval is rescinded by the associate director of the division at least one hundred eighty days before the beginning of any oxygenate period in the future. Gasoline providers that choose to use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director not later than sixty days before the start of the oxygenate period.

C. From and after September 30 through March 31 of each year, all blends of gasoline with alcohol other than ethanol shall satisfy all of the requirements prescribed by section 3-3433 and rules adopted by the associate director under that section and the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f).

D. Notwithstanding subsection A of this section, if the director of the department of environmental quality has previously raised the minimum oxygen content to the maximum percentage of oxygen allowed for each oxygenate as provided by section 3-3495, the designated air quality planning agency for area B has considered, analyzed and reviewed the costs and benefits of all other reasonable and available control measures in lieu of reducing volatility requirements to nine pounds per square inch and the director of the department of environmental quality finds that area B has failed to maintain the carbon monoxide national ambient air quality standards by violating the standard, beginning with the oxygenate period beginning on the following September 30 and for each oxygenate period thereafter in area B, the volatility requirements described by section 3-3433, subsection G may be reduced to nine pounds per square inch. If a violation of the carbon monoxide national ambient air quality standards is recorded after the volatility requirements have been reduced to nine pounds per square inch, the director of the department of environmental quality shall remove the one pound per square inch waiver for gasoline-ethanol blends.

E. Gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within this state shall not contain the following:

Methyl tertiary butyl ether that exceeds 0.3 percent by volume.
A total of more than 0.10 percent oxygen by weight collectively from all of the following oxygenates:

(a) Diisopropylether (DIPE).

(b) Ethyl tert-butylether (ETBE).

(d) Methanol.

(e) N-butanol.

(f) N-propanol.

(g) Sec-butanol.

(h) Tert-amylmethylether (TAME).

(i) Tert-butanol.

(j) Tert-pentanol (tert-amylalcohol).

F. Subsection E of this section does not prohibit the transshipment through this state, including storage incident to that transshipment, of gasoline that contains the oxygenates prescribed by subsection E of this section if both of the following apply:

The gasoline is used or disposed outside this state.
The gasoline is segregated from gasoline that is intended for use inside this state.

§ 3-3492 Area A; sale of gasoline; oxygen content

A. From and after November 1 through March 31 of each year:

All gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A or that is consumed in a motor vehicle in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A by a fleet owner shall, for a gasoline-ethanol blend, contain not less than ten percent by volume of ethanol nor more than the maximum percentage of oxygen allowed by provisions of a waiver issued or other limits established by the United States environmental protection agency.
All gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A or that is consumed in a motor vehicle within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A by a fleet owner shall, for a blend other than a gasoline-ethanol blend, contain not less than 2.7 percent by weight of oxygen nor more than the maximum percentage of oxygen allowed by provisions of a waiver issued or other limits established by the United States environmental protection agency.

B. Notwithstanding subsection A of this section, the associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and the associate director determine will result in motor vehicle carbon monoxide emissions that are equal to or less than emissions that result under compliance with subsection A of this section and section 3-3433. In making this determination, the associate director of the division and the director of the department of environmental quality shall compare the emissions of the alternate fuel control measure with the emissions of a fuel with a maximum vapor pressure standard as prescribed by section 3-3433 and with the minimum oxygen content or percentage by volume of ethanol as prescribed by this section.

C. Any alternate fuel control measures that are approved shall not increase emissions of non-methane hydrocarbons, particulates, carbon monoxide or oxides of nitrogen. Alternate fuel control measures approved pursuant to subsection B of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.

§ 3-3493 Area A; fuel reformulation; rules

(L16, Ch. 232, sec. 27)

A. All gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with either of the following fuel reformulation options:

A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.
California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.

B. For the period beginning November 1 through March 31 of each year, all gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with standards for California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997 and shall meet the maximum vapor pressure requirements in section 3-3433, subsections D and F. The fuel described in this subsection shall meet the requirements of section 3-3492, subsection A, paragraph 1.

C. Any registered supplier or oxygenate blender, as defined in division rules, may petition the associate director to request that all registered suppliers or oxygenate blenders be allowed to comply with standards other than the standards prescribed by section 3-3492, subsection A if the petitioner can demonstrate that ethanol supply shortages are imminent.

D. The petition shall:

Identify specific supply conditions that will result in a shortage of ethanol.
Identify which oxygenate or oxygenates and the concentration that will be blended into gasoline for sale or use in area A.
Demonstrate that the alternative oxygenate blend comes closest to meeting a three and one-half percent by weight oxygen content at reasonable cost, unless the registered supplier or oxygenate blender is petitioning to use a gasoline-ethanol blend containing less than ten percent by volume of ethanol.
Specify a time period for compliance with any provision of section 3-3492, subsection A, not to exceed sixty days.

E. The associate director shall either grant or deny the petition in writing within seven days of its receipt. Any decision by the associate director to grant the petition shall be equally applicable to all registered suppliers or oxygenate blenders and shall not be selectively applied to any single registered supplier or oxygenate blender. The petition may be granted only if the associate director verifies that the basis for requesting the petition is factual.

F. The associate director may reauthorize a petition if the petitioner can demonstrate that the conditions have continued. The reauthorization of a petition shall not exceed thirty days.

G. The associate director of the division shall consult with the director of the department of environmental quality before granting, reauthorizing or denying any such petition.

H. The director of environmental quality in consultation with the associate director of the division shall adopt by rule:

Requirements to implement subsections A, B, C and D of this section.
Requirements for recordkeeping, reporting and analytical methods for fuel providers to demonstrate compliance with subsections A, B, C and D of this section.

I. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.

§ 3-3493 (Version 2) Area A; fuel reformulation; rules

(L17, Ch. 295, sec. 2. Conditionally Eff.)

A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.
California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.

D. The petition shall:

Identify specific supply conditions that will result in a shortage of ethanol.
Identify which oxygenate or oxygenates and the concentration that will be blended into gasoline for sale or use in area A.
Demonstrate that the alternative oxygenate blend comes closest to meeting a three and one-half percent by weight oxygen content at reasonable cost, unless the registered supplier or oxygenate blender is petitioning to use a gasoline-ethanol blend containing less than ten percent by volume of ethanol.
Specify a time period for compliance with any provision of section 3-3492, subsection A, not to exceed sixty days.

F. The associate director may reauthorize a petition if the petitioner can demonstrate that the conditions have continued. The reauthorization of a petition shall not exceed thirty days.

G. The associate director of the division shall consult with the director of the department of environmental quality before granting, reauthorizing or denying any such petition.

H. The director of environmental quality in consultation with the associate director of the division shall adopt by rule:

Requirements to implement subsections A, B, C and D of this section.
Requirements for recordkeeping, reporting and analytical methods for fuel providers to demonstrate compliance with subsections A, B, C and D of this section.

I. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.

§ 3-3494 Area C; fuel reformulation; rules

A. From and after May 31 through September 30 of each year, all gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in area C shall comply with either of the following fuel reformulation options:

A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3434, subsection D.
California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply. The gasoline shall also meet the maximum vapor pressure requirements in section 3-3434, subsection D.

B. Any registered supplier or oxygenate blender, as defined in division rules, may petition the associate director to request that all registered suppliers or oxygenate blenders be allowed to supply gasoline in area C that does not meet the standards in subsection A of this section if the petitioner demonstrates that a shortage in the supply of gasoline meeting the standards in subsection A of this section is imminent.

C. A petition under subsection B of this section shall:

Identify specific supply conditions that will result in a shortage of gasoline meeting the standards in subsection A of this section.
Identify the formulation of gasoline that will be sold in area C in lieu of gasoline meeting the standards in subsection A of this section.
Specify a time period for compliance with the standards of subsection A of this section not to exceed sixty days.

D. The associate director shall either grant or deny a petition under subsection B of this section in writing within seven days of its receipt. Any decision by the associate director to grant the petition shall be equally applicable to all registered suppliers or oxygenate blenders and shall not be selectively applied to any single registered supplier or oxygenate blender. The petition may be granted only if the associate director verifies that the basis for requesting the petition is factual.

E. The associate director may reauthorize a petition granted under subsection B of this section if the petitioner demonstrates that the conditions identified in the petition have continued. The reauthorization of a petition shall not exceed thirty days.

F. The associate director of the division shall consult with the director of the department of environmental quality before granting, reauthorizing or denying any petition under subsection B of this section.

G. The associate director, in consultation with the director of the department of environmental quality, shall adopt by rule:

Requirements to implement subsections A, B and C of this section.
Requirements for recordkeeping, reporting and analytical methods for fuel providers to demonstrate compliance with subsection A of this section.

H. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.

§ 3-3495 Area B; sale of gasoline; oxygen content

A. From and after September 30 through March 31 of each year, all gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within area B or that is consumed in a motor vehicle within area B by a fleet owner shall contain not less than 1.8 percent by weight of oxygen nor more than the maximum percentage of oxygen allowed by the provisions of a waiver issued by the United States environmental protection agency.

B. Notwithstanding subsection A of this section, at any time earlier than sixty days before September 30 of each year, the designated air quality planning agency for area B with the concurrence of the director of the department of environmental quality may give notice, pursuant to the applicable plan required under section 49-406 for the Tucson air planning area, to the associate director of the division that the minimum oxygen content for the ensuing oxygenate seasons will be increased not less than .3 percent by weight of oxygen and not more than the maximum percentage of oxygen allowed for oxygenates by provisions of a waiver issued or other limits established by the United States environmental protection agency. Before making a determination to increase the minimum oxygen content pursuant to this subsection, the designated air quality planning agency for area B shall consider and conduct a cost-benefit analysis on all reasonable carbon monoxide emission reduction measures that could be implemented in lieu of increasing the minimum oxygen content.

§ 3-3496 Use of gasoline purchased outside of area A or area B

This article does not prohibit the use within area A or area B of gasoline purchased outside of area A or area B which does not contain the percentage weights of oxygen required by this article if the use is incidental and not for the purpose of evading the requirements of this article.

§ 3-3497 Exemption

The provisions of this article do not apply to a manufacturer's proving ground or a motor vehicle racing event held in a vehicle emissions control area.

§ 3-3498 Inspections

A. On request, an interstate pipeline terminal or a motor fuel storage or dispensing site shall provide a product transfer document to the division. Product transfer documents may be stored off site as provided by division rule.

B. On request, a motor fuel storage or dispensing site shall provide access to motor fuel dispensing cabinets to the division for inspection of fuel dispensing meters and blending valves.

Article 7 Gasoline Vapor Control

§ 3-3511 Definitions

In this article, unless the context otherwise requires:

"Annual throughput" means the amount of gasoline transferred into or dispensed from a gasoline dispensing site during twelve consecutive months.
"Clean air act" means the clean air act of 1963 (P.L. 88-206; 42 United States Code section 7401-7671) as amended by the clean air act amendments of 1990 (P.L. 101-549).
"Gasoline dispensing site" means any site where gasoline is dispensed into a motor vehicle fuel tank from any stationary storage vessel.
"Stage I vapor recovery system" means a combination of pipes and hoses that creates a closed system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank so that vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded.

§ 3-3512 Stage I vapor recovery systems; stage II vapor recovery systems

A. A person shall not offer for sale, sell, install or use a new gasoline stage I vapor recovery system, or any new or rebuilt component parts of the system, unless the system or component part has been certified by the California air resources board as of March 31, 2001 or after that date, or has been approved by a third party that is accredited to test equipment and recognized by industry and the division, and has not been rejected by the division. The division shall maintain and keep current a list of stage I vapor recovery systems and component parts that are approved by the division. Only those systems that are approved shall be used in this state. All certified vapor recovery components must be clearly identified by a permanent identification affixed by the certified manufacturer or rebuilder.

B. For gasoline dispensing sites with a throughput of over ten thousand gallons per month in area A or area B, a person shall not transfer or allow the transfer of gasoline into storage tanks at gasoline dispensing sites unless the storage tank is equipped with a stage I vapor recovery system consisting of a vapor-tight return line from the storage tank or its vent to the gasoline transport vehicle.

C. An owner or operator of a gasoline storage tank, gasoline transport vehicle or gasoline dispensing site that is subject to stage I vapor recovery requirements shall comply with the following:

Install all necessary stage I vapor recovery systems and make any modifications necessary to comply with the requirements.
Provide adequate training and written instructions to the operator of the affected gasoline dispensing site and the gasoline transport vehicle.
Replace, repair or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the stage I vapor recovery systems.
Connect and ensure proper operation of the stage I vapor recovery systems whenever gasoline is being loaded, unloaded or dispensed.
In area A and other geographical areas as provided by subsection G of this section, have the stage I vapor recovery system tested annually by a registered service representative that is licensed by the division.

D. Before the initial installation or modification of any stage I vapor recovery system, the owner or operator of a gasoline storage tank, gasoline transport vehicle or gasoline dispensing site shall obtain a plan review and approval from the division. Application for the plan review and approval shall be on forms prescribed and provided by the division.

E. The division in consultation with the department of environmental quality and the office of the state fire marshal shall establish by rule standards for the installation and operation of stage I vapor recovery systems. The division shall establish by rule plan review and approval fees. In establishing those rules and standards, the associate director shall consider requirements in other states to ensure that only state-of-the-art technology is used.

F. Approval of a stage I vapor recovery system by the division does not relieve the owner or operator of the responsibility to comply with other applicable statutes, codes and rules pertaining to fire prevention, environmental quality and safety matters.

G. Any county, city or town outside of area A or area B may require gasoline dispensing sites with a throughput greater than ten thousand gallons per month to install, operate and maintain stage I vapor recovery systems in accordance with this section. Any county, city or town, including cities and towns within area B, also may require annual testing of required stage I vapor recovery systems pursuant to subsection C of this section. For a county, city or town considering the adoption of a resolution to require stage I vapor recovery systems or annual testing within its jurisdiction and on request, the department of environmental quality shall provide technical assistance in evaluating the air quality in that county, city or town and shall provide final review and approval of an adopted resolution.

H. A county board of supervisors or governing body of a city or town shall submit a resolution approved by the department of environmental quality to the associate director of the division requesting the imposition of the requirements for stage I vapor recovery systems within its jurisdiction.

I. The associate director shall adopt, by rule, compliance schedules for gasoline dispensing sites located within the jurisdiction requesting stage I vapor recovery system requirements no later than twelve months after receipt of the resolution from the county board of supervisors or governing board of a city or town. All gasoline dispensing sites shall be required to comply with stage I vapor recovery system rules within twenty-four months after the rules have been filed with the secretary of state. Sites with stage I vapor recovery systems that are already installed must comply with the testing requirements at the time the rules become effective.

J. A county board of supervisors or governing body of a city or town that adopts the requirements for stage I vapor recovery systems may repeal those requirements by adopting a resolution to remove the imposition of those requirements within its jurisdiction unless the county, city or town is in an ozone nonattainment area that has since been designated as moderate, serious or severe by the United States environmental protection agency under section 107(d) of the clean air act. On receipt of the resolution, the associate director of the division shall consult with the director of the department of environmental quality to verify that a county, city or town is outside of an ozone nonattainment area designated as moderate, serious or severe by the United States environmental protection agency under section 107(d) of the clean air act. After consultation with the department of environmental quality, the associate director of the division shall revise the rules to repeal the requirements for stage I vapor recovery systems within that jurisdiction as soon as practicable.

K. From and after September 30, 2018, stage II vapor recovery systems that collect vapors during vehicle refueling are prohibited in an ozone nonattainment area designated as moderate, serious, severe or extreme by the United States environmental protection agency under section 107(d) of the clean air act or area A.

§ 3-3513 Compliance schedules

Notwithstanding section 3-3512, subsection I relating to schedules of compliance:

Gasoline dispensing facilities located in area A or in any other geographical area as provided in section 3-3512, subsection G for which construction began after the certification of rules adopted pursuant to section 3-3512 shall be constructed to include stage I vapor recovery systems that meet the minimum standards set forth in this chapter and division rules.
All gasoline dispensing sites located in area A or in any other geographical area as provided in section 3-3512, subsection G that begin underground storage tank replacement and that apply for a permit pursuant to title 49, chapter 3, article 3 or 5 on or after September 30, 1992 shall be in compliance within six months after the effective date of the rules adopted pursuant to section 3-3512. Compliance with this article is a condition of the permit.

§ 3-3514 Stage I rule effectiveness; enhanced enforcement

The associate director shall adopt rules to:

Enhance enforcement of the division's stage I vapor recovery program. The enforcement shall be enhanced through programs that may include increased frequency of or targeting of inspections, increased sampling frequency, use of portable analyzers or any other technique.
Establish standards and fees for required inspections of vapor recovery systems.

Chapter 20 Pest Management Division

Article 1 General Provisions

§ 3-3601 Definitions

In this chapter, unless the context otherwise requires:

"Branch office" means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, information pertaining to the business of pest management is given or pesticides are stored or disposed of.
"Branch supervisor" means a certified applicator working at or from a branch office who is responsible for ensuring the training, equipping and supervision of all applicators of the branch office.
"Business license" means a license that is issued pursuant to this chapter or rules adopted pursuant to this chapter to a person and that entitles that person and the person's employees to engage in the business of pest management.
"Business of pest management" means engaging in, offering to engage in, advertising for, soliciting or performing pest management, including any of the following:

(a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations.

(b) Making written or oral inspection reports, recommendations, estimates or bids with respect to infestations.

(c) The application of pesticides or the making of contracts or submitting of bids for the application of pesticides or the use of devices for the purpose of eliminating, exterminating, controlling or preventing infestations.

"Certified applicator" means an individual who is licensed by the division to provide pest management services in accordance with this chapter.
"Certified qualified applicator" means a certified applicator who is eligible to act as a qualifying party.
"Child care facility" means a facility that is regulated pursuant to title 36, chapter 7.1.
"De minimis violation" means a violation that, although undesirable, has no direct or immediate relationship to safety, health or property damage.
"Device" means any instrument or contrivance that is intended to be used for trapping, destroying, repelling or mitigating any pest or other form of plant or animal life.
"Direct supervision" means the use of a pesticide under the instructions, control and responsibility of a certified applicator who is available if needed for consultation or assistance even though the certified applicator is not physically present at the time and place the pesticide is used.
"Division" means the pest management division of the department.
"Final grade treatment" means the establishment of a complete vertical barrier at the exterior of foundation walls in stem wall or monolithic construction.
"Financial security" means liability insurance, a deposit of cash or certified monies, a surety bond or an irrevocable and unconditional letter of credit from a federally chartered financial institution or a financial institution as defined in section 6-101.
"Household pests" means pests, other than wood-destroying organisms, that invade households or other structures, including rodents, vermin and insects.
"Immediate supervision" means the use of a pesticide by an individual acting under the instructions, control and responsibility of a certified applicator who is within the direct line of sight or within hearing distance of the individual and who is available for consultation or assistance at the time and place the pesticide is used.
"Initial corrective treatment" means the first postconstruction treatment of any kind performed by a licensee, excluding a treatment performed under warranty by a licensee who has performed the pretreatment or new-construction treatment.
"Inquiry" means an initial investigation of possible violations of this chapter or rules adopted pursuant to this chapter based on information received from the public or division staff.
"Integrated pest management" means a sustainable approach to managing pests that combines biological, cultural, physical and chemical tools in a way that minimizes economic, health and environmental risks.
"New-construction treatment" means a treatment that protects all cellulose components of a structure from subterranean termites and that is performed after a permanent concrete slab foundation is installed or footings and supports for a raised foundation are installed, but before the structure or a final grade treatment is completed.
"Other structures" includes railroad cars, boats, docks, motor vehicles or airplanes and their contents.
"Pest management":

(a) Means the management of health-related pests, aquatic pests, household pests, wood-destroying organisms or other pests, including weeds, that exist in, near or around structures, in ornamental shrubs and trees, along rights-of-way or in lawns or cemeteries and all pesticide applications that could be harmful to public health or the environment.

(b) Includes the management by persons for hire of health-related pests, aquatic pests, household pests, wood-destroying organisms or other pests, including weeds, that exist on golf courses.

(c) Does not include pesticide applications used directly in the commercial production of crops and animals or used not for hire on golf courses.

"Pest management services" means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations and the application of pesticides or the use of devices not exempt by section 3-3603, subsection B, paragraph 17 for the purpose of eliminating, exterminating, controlling or preventing infestations.
"Pesticide" means any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is, or that the director may declare to be, a pest and that may infest or be detrimental to vegetation, humans, animals or households or be present in any environment.
"Political subdivision" means a state agency, county, city, town, municipal corporation or school district or a special district formed pursuant to title 48.
"Postconstruction treatment" means a treatment to control wood-destroying organisms in or around an existing structure performed after all soil disturbance associated with construction is complete and after an applicator has completed an inspection of the structure and a treatment proposal under section 3-3632, subsections A and B.
"Pretreatment" means a termite treatment that protects all cellulose components of a structure from subterranean termites, that is performed before a permanent concrete slab foundation is installed or in conjunction with establishing footings and supports for a raised foundation and that establishes thorough and complete horizontal and vertical treated barriers.
"Prior violation" means any violation for which disciplinary action was taken within a five-year period before the date of the violation for which current disciplinary action is sought.
"Qualifying party" means a certified qualified applicator registered with the division as the individual responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district.
"School" means any public or nonpublic institution, other than a child's home, that is established for the purpose of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve and that qualifies as a school pursuant to section 15-802.
"Service vehicle" means a motor vehicle, including a trailer attached to the motor vehicle, that is used to transport equipment or pesticides for the business of pest management.
"Sterilant" means a product that is designed for killing all live vegetation and preventing all vegetation growth for twelve or more months.
"Weed" means any plant that grows where it is not wanted.
"Wood-destroying insect inspection report" means a written inspection report on a form approved by the director that is prepared in connection with the sale or refinancing of real property whether or not the report is used as part of the transaction.
"Wood-destroying organisms" means organisms that attack, damage or destroy wood or wood-derivative products, but does not include birds or mammals.

§ 3-3602 Applicability of chapter; state preemption

A. This chapter applies to pest management. This chapter does not apply to pesticide applications used directly in the commercial production of crops and animals or used, if not for hire, on golf courses.

B. The regulation of pest management is of statewide concern. The regulation of pest management pursuant to this chapter is not subject to further regulation by a county, city, town or other political subdivision of this state.

§ 3-3603 Powers and duties of director

A. The director is responsible for administering this chapter and shall:

Adopt rules that are necessary or proper to administer and implement this chapter, including rules that may be more stringent than a corresponding federal law for:

(a) Administrative provisions.

(b) Licensure, certification and registration requirements and qualifications, including training and education requirements and financial security standards.

(d) Duties and responsibilities.

(e) Recordkeeping and production of records requirements.

(f) Licensee inspection and treatment report requirements.

(g) Disciplinary action provisions.

(h) Equipment provisions.

(i) Advertising requirements.

(j) Using, storing and applying pesticides and devices used in pest management.

Notify the business licensee, applicator and qualifying party in writing of any inquiry into possible violations by the business licensee, applicator or qualifying party by the close of business on the tenth business day after the day on which the director initiated the inquiry if the director anticipates an enforcement action. If in the course of the investigation the division identifies any alleged violations by a different business licensee, applicator or qualified party, the director shall notify the additional alleged violator by the close of business on the tenth business day after the day on which the director initiated the new inquiry.
Develop and either conduct or contract to conduct certified applicator and certified qualified applicator tests at locations throughout this state. If the director contracts for these tests, the contracts may provide for specific examination fees or a reasonable range of fees determined by the director to be paid directly to the contractor by the applicant. The director shall make all efforts to contract with private parties to electronically administer the tests.
Maintain a computer system to benefit and protect the public that includes the following information on pretreatments, new-construction treatments, final grade treatments, initial corrective treatments and wood-destroying insect inspection reports:

(a) The name of the individual who performed the work.

(b) The address or location of the work or project.

(d) The name of the qualifying party.

(e) The applicator license numbers.

(f) The nature and date of the work performed.

(g) Any other information that is required by rule.

Establish offices the director deems necessary to carry out the purposes of this chapter.
Subject to title 41, chapter 4, article 4, employ personnel the director deems necessary to carry out the purposes of this chapter and designate their duties.
Oversee the approval, content and method of delivery of continuing education courses.
Deny a license to any person who has had a license revoked for a period of five years from the time of revocation.
License applicators and qualified applicators and license businesses in accordance with this chapter and rules adopted pursuant to this chapter.
Register qualifying parties, branch supervisors and branch offices in accordance with this chapter and rules adopted pursuant to this chapter.
Require the payment of a penalty for any late license renewal.
Refuse to issue a business license in a name that is not registered with the secretary of state or filed with the Arizona corporation commission.
Adopt a wood-destroying insect inspection report form for use by business licensees.
Receive monies authorized under this chapter for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.

B. The director may:

Compel attendance of witnesses, administer oaths or affirmations and take testimony concerning all matters coming within the director's jurisdiction.
Issue subpoenas for the taking of depositions, the production of documents and things and the entry on land for inspection and measuring, surveying, photographing, testing or sampling the property or any designated object or operation on the property relevant to an inquiry or complaint.
Contract and enter into interagency and intergovernmental agreements with any private party or public agency.
With at least twenty-four hours' notice, unless there may be an immediate risk to public health and safety, require a business licensee, qualifying party or applicator to produce specific records. On a showing of good cause by the business licensee, qualifying party or applicator, the director may excuse failure to timely comply.
Deny or revoke a license based on the information in the application.
Issue advisory notices for de minimis violations.
Investigate alleged violations of this chapter, rules adopted pursuant to this chapter, consent agreements, orders and any condition imposed in connection with a license.
Require the public to provide notices regarding alleged violations in writing.
Pursuant to section 41-1092.11, summarily suspend a license issued under this chapter to protect the health, safety and welfare of the public.
Issue a corrective work order requiring a business licensee or applicator to remedy deficiencies in treatment or to comply with this chapter or any rules adopted pursuant to this chapter before or after a formal hearing.
On receipt of a complaint or on initiation of a complaint by the division, investigate any alleged violation of unlicensed activity pursuant to this chapter. If the director determines that an unlicensed person is performing an act that is required to be performed by a person licensed pursuant to this chapter, the director shall take one or more of the following enforcement actions:

(a) Issue a cease and desist order requiring the person to immediately cease operations.

(b) Impose on the person a civil penalty of not more than $1,000 for the first occurrence and not more than $2,000 for the second occurrence.

(d) Request that the county attorney or attorney general file charges against the person.

Refuse to issue a business license in a name that is likely to be misleading or to imply any distorted representation about the business.
Register a certified applicator who is a representative of a business licensee as a temporary qualifying party if the qualifying party becomes disassociated with the business licensee.
Provide and conduct classes to train individuals in preparation for certified applicator and certified qualified applicator tests. The director may assess a fee for each class. The director may contract with a commercial enterprise or an accredited institution to conduct the class.
Provide and conduct continuing education classes quarterly. The director may assess a fee for each credit hour. The director may contract with a commercial enterprise or an accredited institution to conduct the class under the supervision of division staff.
Enter into consent agreements and issue consent orders.
Designate by rule devices that are exempt from the licensure, certification and registration requirements of this chapter.
Charge a person for providing copies of rules, forms or policies proposed for adoption and for educational materials.
Require a business licensee or qualifying party to register with the division or to otherwise identify all of the licensed or unlicensed applicators of the business or supervised by the qualifying party.
Require a business licensee to produce records for the purpose of verifying that an individual is an applicator of the business licensee.
Charge a handling fee in addition to the transaction amount for any transaction that could have been completed electronically and was not.
Deny or refuse to renew a license of a person who owes unpaid fees or civil penalties to the division.
Educate the public regarding the licensure, certification and registration requirements of this chapter.

C. The director or any duly authorized agents may enter any private or public property, including a service vehicle, on which pesticides are located or are reasonably believed to be located to be used for purposes related to pest management or any office of a business engaged in pest management. The owner, managing agent or occupant of the property or office shall permit entry for the purpose of inspecting and investigating conditions relating to the use, storage, application and disposal of pesticides, including worker safety materials and records pertaining to pest management. If a person refuses to admit the director or the authorized agent in accordance with this subsection, the director may obtain a warrant from a court of competent jurisdiction. If a licensed or certified person refuses to admit the director or an authorized agent in accordance with this subsection during regular business hours, the director may impose disciplinary action on the person.

D. The director or any duly authorized agents may monitor compliance by a person with this chapter and rules adopted pursuant to this chapter while the person is providing pest management services.

E. The director may maintain a list of persons who have violated section 3-3624, subsection A, paragraph 1. The list shall include any known related business names used by those persons. The department shall post the list on the department's website. The director shall remove a person and any known related business names that the person used from the list within ten business days after the person becomes licensed pursuant to this chapter and submits a written request to the director to remove the person's name from the list. The director shall provide a copy of the list to any member of the public that requests a copy.

§ 3-3604 Pest management trust fund

A. The pest management trust fund is established for the exclusive purpose of implementing, continuing and supporting the division and its objectives as established by this chapter.

C. The beneficiaries of the trust are the division programs established by this chapter. Monies in the trust fund shall be disbursed as approved by the director exclusively for the purposes prescribed in this chapter.

D. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

E. If the division is terminated, any monies in the trust fund shall be expended to meet existing legal obligations of the division. The director shall expend any remaining monies on any program consistent with this chapter.

§ 3-3605 Pest management division council; members; duties

A. The director shall establish by rule a pest management division council to assist and make recommendations to the director regarding the administration and implementation of this chapter but excludes reviewing and making recommendations on individual cases, investigations or applications for certification or licensing. The director shall appoint five members to the council, including one public member.

B. The pest management division council shall:

Annually elect a chairman and vice chairman from among its members.
Meet at least once each calendar quarter and at additional times at the call of the director or chairman or if requested by at least three members of the council.
Keep a record of council proceedings and make those records available for public inspection for any lawful purpose.

C. The pest management division council shall advise the director and the associate director of the division on matters pertaining to the pest management industry, including:

Reviewing pest management policy in this state as established by law and administered by the division.
Assisting the director in formulating administrative rules for the division, including reviewing, advising and making recommendations to the director on proposed rules before the rules are adopted and recommending and initiating the rulemaking process for rules relating to this chapter.
Reviewing proposed changes by the department to statutes or rules pertaining to the pest management industry.
Assisting the director in developing proposed budgets for the division.
Recommending any other items that the council deems appropriate on matters pertaining to the pest management industry.
Providing additional assistance as the director deems necessary.

D. Before a meeting of the department of agriculture advisory council established pursuant to section 3-104, the director shall notify the pest management division council of agenda items that impact the division or the pest management industry. The pest management division council may make recommendations to the department of agriculture advisory council on those agenda items.

E. If the director determines that the rulemaking recommendations of the pest management division council are practicable and in the best interests of the pest management industry and the public, the director shall accept the rulemaking recommendations. If the director rejects the rulemaking recommendations of the pest management division council, the director shall provide a written explanation of the reasons for the rejection to the division council not more than fifteen days after the director's decision to reject the recommendations.

F. The director shall include the comments of the pest management division council in the official record when adopting rules or budgets for the division.

§ 3-3606 Pesticide applications at schools and child care facilities; advance notification; exemptions

A. Only a certified applicator may apply pesticides at a school or child care facility.

B. A business licensee or certified applicator shall notify a school or a child care facility at least seventy-two hours in advance of any pesticide application in order to permit the school to comply with section 15-152 and the child care facility to comply with section 36-898. The seventy-two-hour advance notice shall include:

The scheduled date and time the application is to occur.
The location and area of the application and the brand name of the pesticide or pesticides to be applied.
The name, address, phone number and contact person of the business licensee or certified applicator.
A statement that further information, the product label or the safety data sheet is available by contacting the business licensee or certified applicator.

C. The following pesticide applications are exempt from the notification requirement prescribed by subsection B of this section:

Nonresidual pesticide applications performed or contracted by public health agencies for adult vector control, provided that oral notification is attempted at least seventy-two hours before the application, when possible, to the school office or child care facility office with a statement of the pest problem, treatment procedure, area to be treated and approximate time of the application.
Emergency applications of a pesticide that has a toxicity category of III or IV pursuant to 40 Code of Federal Regulations section 156.62 to control harmful pests that pose an immediate threat to the public health. Under the circumstances described in this paragraph or paragraph 1 of this subsection, the business licensee or certified applicator shall do all of the following:

(a) Notify the school office or child care facility office before the application with a statement of the pest problem, treatment procedure, area to be treated and approximate time of application.

(b) Immediately after the application has been completed, notify the school office or the child care facility office of the name of the pesticide applied, the formulation, the strength and dosage and the date and time of application and provide the pesticide label.

(c) Post the treated area immediately after the application. The posting shall be at least eight and one-half inches by eleven inches and shall include the name of the pesticide, the registration number issued by the United States environmental protection agency, the date and time of application and the name and telephone number of the business licensee and certified applicator. A copy of the posting shall also be placed at the main entrance to the school or child care facility. The posting and the copy of the posting shall remain in place for at least forty-eight hours after the application.

Disinfectants or swimming pool chemicals.
Block, gel or paste-type bait that is a toxicity category III or IV formulation of insecticide pursuant to 40 Code of Federal Regulations section 156.62 and that is either of the following:

(a) Secured in an enclosed, tamper-resistant bait station and placed in an area that is inaccessible to children.

(b) Applied to a crack or crevice that is inaccessible to children.

Block-type bait that is a toxicity level III or IV formulation of rodenticide pursuant to 40 Code of Federal Regulations section 156.62 and that is secured in an enclosed, tamper-resistant bait station placed in an area that is inaccessible to children.
Personal repellants.
Nonrestricted use sanitizers and deodorizers.

Article 2 Certification, Registration and Licensure

§ 3-3611 License and registration exemptions

A. The provisions of this chapter requiring licensure and registration do not apply to:

Persons applying nonrestricted use pesticides on residential property that they own and occupy or that they own and that is not occupied.
Authorized representatives of any educational institution engaged in research in the study of pest management or a state agency engaged in research or the study of pest management.
Persons using a nonrestricted, ready-to-use disinfectant, sanitizer or deodorizer.
A utility and the utility's employees if pest management services are needed for an employee's health and safety in order for the employee to continue performing work tasks.
Persons using an over-the-counter antimicrobial to treat a swimming pool.
Persons using a device that is exempt pursuant to section 3-3603, subsection B, paragraph 17.
Persons who are exempt pursuant to section 3-3612 or 3-3613.

B. An individual is not required to have a separate business license to engage in the business of pest management on behalf of a business licensee or as an employee of a political subdivision.

C. The director by rule may exempt from sections 3-3615 and 3-3616 a certified applicator who performs inspections but does not make recommendations, estimates, bids or contracts for treatment or use pesticides or devices for pest management and may prescribe alternative requirements and conditions.

§ 3-3612 Political subdivisions; exemptions; definition

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:

Is not required to be licensed under section 3-3615.
Must provide the department with the name and telephone number of the primary contact person or persons responsible for responding to department inquiries or concerns regarding compliance with this chapter. The primary contact person or persons at a minimum shall demonstrate to the department:

(a) Where the records are retained.

(b) Where the personal protective equipment is located.

(d) That all applicators are properly certified.

B. A school district is exempt from subsection A, paragraph 2 of this section, but shall have a qualifying party who is registered in the appropriate categories.

C. An employee of a political subdivision who provides pest management services must be a certified applicator except as provided by subsection D of this section.

D. The following individuals are exempt from the certification requirements of this chapter:

An employee of a political subdivision who applied pesticides for the political subdivision no more than ninety calendar days before certification. This exemption does not apply to an employee who applies pesticides at a school or child care facility.
An employee of a political subdivision or designated agent while performing emergency response or rescue services.
A volunteer of a political subdivision while applying herbicides for the purpose of the eradication and control of noxious weeds as defined in section 3-201 and who is under the immediate supervision of a certified applicator. This exemption does not apply to a volunteer of a political subdivision who:

(a) Applies herbicides at a school or child care facility.

(b) Uses herbicides that are labeled with the words "restricted use" or "danger".

(d) Uses application equipment that holds more than four gallons of total mixed liquid herbicide.

(e) Has not completed an herbicide application training program conducted by the political subdivision and approved by the division.

E. For the purposes of this section, "volunteer" means a person who works without compensation other than reimbursement of actual expenses incurred or disbursement of meals or other incidental benefits.

§ 3-3613 Landscapers; records; civil penalties

A. The provisions of this chapter requiring licensure and registration do not apply to a person who conducts lawn, garden, shrub or tree maintenance and who applies herbicides for the purpose of weed management, except as otherwise provided in this section.

B. Notwithstanding subsection A of this section, the licensure and registration requirements of this chapter apply to a person who:

Uses herbicides that are labeled with the words "restricted use" or "danger".
Uses sterilants or preemergent herbicides.
Offers weed management as the person's primary service or advertises weed management services.
Uses application equipment that collectively holds more than five gallons of total mixed liquid herbicide at an address or project on the same day.
Uses more than twenty-five pounds of nonliquid herbicide at an address or project on the same day.
Uses or is part of a crew of two or more herbicide applicators at an address or project on the same day.
Uses an herbicide at a school or child care facility.
Uses an herbicide at an address or project without performing lawn, garden, shrub or tree maintenance at that address or project on the same day.

C. A person who is exempt from licensure and registration pursuant to this section shall provide treatment records to each customer on application of herbicides for the purpose of weed management and shall retain records containing the same information provided to customers for at least six months after the date of the treatment. For the purposes of this subsection, treatment records must include the following:

The address of the location of the herbicide application.
The date of the herbicide application.
The trade name or common name of the herbicide applied.
The amount of the herbicide applied.
The name of the individual who performed the treatment.

D. If a person is exempt from licensure and registration pursuant to subsection A of this section but does not comply with subsection C of this section, the director shall:

For a first violation, issue a written notice of correction that contains a warning and a copy of this section.
For a second violation, impose a civil penalty of at least fifty dollars.
For a third or any subsequent violation, impose a civil penalty of not more than one thousand dollars.

E. If a person is not exempt from licensure and registration but uses an herbicide for the purpose of weed management, the director may:

Issue a cease and desist order and an administrative warning.
For a first violation, impose a civil penalty of not more than one thousand dollars.
For a second or any subsequent violation, impose a civil penalty of not more than two thousand dollars.

§ 3-3614 Applicator certification; categories; criminal records check requirement

A. An application for applicator certification shall be in a form prescribed by the director and be accompanied by the prescribed fee.

B. An individual may apply for certification as an applicator or qualified applicator in any one or a combination of the following categories:

Industrial, institutional, structural and health-related pest management.
Wood-destroying organism management.
Ornamental and turf pest management.
Right-of-way pest management.
Aquatic pest management.
Fumigation.
Other categories or subcategories established by rule.

C. An individual who applies for certification as a new applicator or a new qualified applicator shall submit to the division a full set of fingerprints and fees as required by section 41-1750. The director shall submit the fingerprints and fees to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

D. An individual who applies for certification as a new applicator or a new qualified applicator may meet the requirement prescribed in subsection C of this section by submitting a current, unexpired fingerprint clearance card issued pursuant to section 41-1758.03 or a current, unexpired level I fingerprint clearance card issued pursuant to section 41-1758.07 to the department as part of the individual's application.

§ 3-3615 Business license; financial security

A. A person who engages in the business of pest management shall obtain a valid business license from the division. A person who is not exempt under this chapter and who advertises for, solicits or claims to be willing to engage in the business of pest management is presumed to be engaging in the business of pest management.

B. An application for an original or a renewal business license shall:

Be in a form and include the information prescribed by the director.
Be accompanied by the prescribed fee.
Include the following proof of financial security:

(a) Either a deposit of money, liability insurance, self-insured retention, a surety bond or a certified check protecting persons who may suffer bodily injury or property damage as a result of the operations of the applicant. The director shall not accept a bond or a liability insurance policy unless it is issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state. The amount of the deposit, insurance, self-insured retention or bond shall be at least five hundred thousand dollars and shall be maintained at not less than that amount at all times during the licensing period. The license of a business licensee whose financial security falls below the minimum five hundred thousand dollars shall be suspended by the director and shall remain suspended until the security meets the minimum financial security requirement. The financial security need only cover those particular operations in which the licensee is engaged at any time. If the financial security is in the form of liability insurance or a surety bond, the licensee shall furnish the director with a certificate of coverage that indicates the coverages and endorsements required by this subsection on a form prescribed by the director.

(b) Either of the following if the business licensee performs termite treatments:

(i) Proof of a surety bond in the amount of one hundred thousand dollars per business license for actual damages, including reasonable costs of collection suffered by persons as a result of termite damage due to negligent treatment.

(ii) Proof of a liability insurance policy rider in the amount of one hundred thousand dollars per business license that covers termite damage due to negligent treatment.

(c) If the business licensee provides wood-destroying insect inspection reports, proof of a surety bond or a liability insurance policy rider in the amount of one hundred thousand dollars per business license for actual damages plus reasonable costs of collection suffered by persons as a result of errors and omissions contained in the reports.

C. If an insurance policy provides for a deductible, the deductible amount shall not exceed one percent of the total financial security for each occurrence. If the deductible amount is in excess of one percent of the total financial security for each occurrence, the business licensee shall provide other security as provided in this section or other evidence of financial security for the excess deductible amount.

D. If the financial security is in the form of liability insurance, a licensee shall maintain a coverage endorsement for pesticides and herbicides, fumigation, care, custody and control, rights-of-way, wood-destroying insect inspection report errors and omissions and pollution transit for its applicable license categories.

E. If the proof of financial security on file with the division expires, the business license is automatically suspended until a current certificate of insurance or proof of financial responsibility is furnished to the director.

§ 3-3616 Qualifying party; registration

A. A person shall not engage in the business of pest management in any category without a qualifying party registered in that category.

B. To be a qualifying party, an individual must:

Be a certified qualified applicator.
Register as a qualifying party with the division using a form and including the information prescribed by the director.

§ 3-3617 Branch office; branch supervisor

A. A business licensee shall register each branch office with the director before the branch office opens for business.

B. Each branch office shall be supervised by a registered branch supervisor.

§ 3-3618 Fees

A. The director shall establish by rule and collect application and renewal fees for the following:

A business license.
A branch office registration.
A branch supervisor registration.
A qualifying party registration.
A temporary qualifying party registration.
A temporary qualifying party renewal registration.
An applicator certification.
A qualified applicator certification.
An applicator registration.
A duplicate license.

B. The director may charge and collect late fees in addition to the fees listed in subsection A of this section.

C. The director may establish tiered fees for business licenses.

D. The director may charge and collect additional fees for goods and services that the director considers to be appropriate to carry out the intent and purpose of this chapter. These additional fees shall not exceed the costs of providing the goods or rendering the services.

Article 3 Regulation

§ 3-3621 Disciplinary action; grounds; procedure

A. If the director finds that a person has violated this chapter, a rule adopted pursuant to this chapter or a written order of the director, the director may issue a notice of violation and a cease and desist order to the person and, after an opportunity for a hearing, take any of the following disciplinary actions, in combination or alternatively:

Revoke a license or registration.
Suspend a license or registration.
Refuse to renew a license or registration.
Impose probation requirements that require a person to comply with one or more specific provisions of this chapter or rules adopted pursuant to this chapter and that require reporting by or monitoring of the person.
Impose a civil penalty in an amount of not more than one thousand dollars for each violation except for grounds prescribed in section 3-3624, subsection B, paragraphs 8 and 9.
Require a qualifying party to report to the director the qualifying party's role in the management of a business license.
Require an individual to take supplemental continuing education within a time period set by the director.

B. Instead of taking disciplinary action for a violation pursuant to subsection A of this section, the director may issue an administrative warning.

C. Except as provided in section 41-1092.11, the director may take disciplinary action against a business licensee pursuant to subsection A of this section only if any of the following applies:

The business licensee has committed a prior violation of the same type, including any violation by any applicator of the business licensee.
The business licensee failed to follow a written order of the director directing it to correct a deficiency or problem within the time specified.
The business licensee has knowingly assumed operations for a business licensee whose license has been revoked and during the first three years after revocation allows the former licensee to play an active role in company policy, decisions, sales or supervision of applicators.
The business licensee is convicted of a felony.
The business licensee is determined by the director to have committed a violation in connection with a pretreatment, new-construction treatment or final grade treatment.
The business licensee uses applicators to provide pest management services that are not registered pursuant to the requirements established under section 3-3603, subsection B, paragraph 19.
The business licensee fails to provide written notice immediately following a pest management treatment in or around residential structures of four or fewer units to the person requesting the treatment or to the person's designated agent. The notice shall include the specific pesticide by trade name used in the treatment.
The business licensee performing pest management treatments on an ongoing basis to locations other than residential structures of four or fewer units fails to provide written notice to the person who requested the treatments or the person's designated agent. Notice shall be given before the first application of the pesticide and when new or additional pesticides are used or immediately after each treatment.
If the treatments are performed in the interior of residential units, the licensee fails to leave a notice in the interior of each treated unit immediately after each treatment. The notice shall include the pesticide by trade name and any other information as required by the pesticide label or local ordinance.
A statement of precaution does not accompany each notification of treatment required in paragraphs 7, 8 and 9 of this subsection. Each statement of precaution shall be printed conspicuously, in not less than eight-point type, and shall include the words:

Warning--pesticides can be harmful. Keep children and pets away from pesticide applications until dry, dissipated or aerated. For more information contact [business license name and business license number] at [telephone number].

The business licensee fails within thirty calendar days after completion of a pretreatment, a new-construction treatment, a final grade treatment, an initial corrective treatment project or a wood-destroying insect inspection report to file with the division, in a form approved by the director, the termite action report form and prescribed fee.
The business licensee, within twelve months after completion of a termite pretreatment or new-construction treatment, fails either to file a supplemental termite action report in a form provided by the director that indicates the completion of the final grade treatment or to report in writing why the treatment has not been completed and when it will be completed.
The business licensee's applicator applies a pesticide that causes harm to the public, the environment or a nontarget animal.
The business licensee fails within thirty calendar days to pay civil penalties imposed under this chapter or rules adopted pursuant to this chapter.
The business licensee engages in the business of pest management while the business license is suspended.

D. The director shall commence an inquiry only within five years after the date of the alleged act or omission.

E. The director may issue an advisory notice stating de minimis violations of statutes or rules that carry no penalty, unless the person subject to this chapter wilfully and repeatedly violates the statute or rule. For wilful and repeated violations, the director may take disciplinary action against the person for a violation.

F. The license of a person who does not renew the license and who has been advised in writing that an investigation or complaint is pending at the time the license is due to expire or terminate does not expire or terminate until the investigation or complaint is resolved. The license is suspended on the date it would otherwise expire or terminate until the person renews the license or the investigation or complaint is resolved.

G. The director may summarily suspend a person's license while there is a pending criminal charge against the person for a felony or a misdemeanor involving moral turpitude.

§ 3-3622 Joint responsibility; burden of proof

A. A business licensee, qualifying party, branch supervisor or applicator may be held jointly responsible for the acts or omissions of another person who is under the supervision of the business licensee, qualifying party, branch supervisor or applicator if the supervising licensee fails to properly train, equip or supervise the other person or fails to maintain records of proper training, equipping or supervising.

B. Failure to timely and fully respond to requests by the director for information relating to training, equipping and supervising is a prima facie showing of a failure to properly train, equip or supervise. A supervising business licensee, qualifying party, branch supervisor or applicator has the burden of proof by a preponderance of the evidence that the supervising person has fulfilled the required duties as prescribed by this chapter, rules adopted pursuant to this chapter or a written order of the director.

§ 3-3623 Civil penalties; suspension

A. The director may suspend a license, certification or registration without a hearing if the licensee fails within thirty calendar days to pay civil penalties imposed under this chapter or rules adopted pursuant to this chapter.

B. A licensee whose license is suspended under subsection A of this section must apply to the director for reinstatement.

C. A license, certification or registration suspended under subsection A of this section shall be revoked without a hearing after one year of suspension. Revocations under this subsection are not subject to section 3-3603, subsection A, paragraph 7.

D. The division shall not renew a license, certification or registration or broaden a certification until the person suspended under subsection A of this section is reinstated.

§ 3-3624 Unlawful acts; violations; classification

A. A person shall not:

Engage in the business of pest management, commence work on a contract or sign, issue or deliver any document expressing an opinion or statement relating to pest management without a business license issued pursuant to this chapter, unless the person is otherwise exempt pursuant to this chapter.
Engage in the business of pest management in any category without a qualifying party who is registered in that category.
Operate a branch office without a registered branch supervisor under whose direct supervision pesticide applications are made out of that office.
Apply pesticides in any category other than wood-destroying organism management or fumigation unless the person is an applicator certified in that category or applies the pesticides under the direct supervision of an applicator certified in that category.
Apply pesticides in the category of wood-destroying organism management, aquatic pest management or fumigation unless the person is an applicator certified in that category or the person applies the pesticides under the immediate supervision of an applicator certified in that category.
Make recommendations regarding pest management unless the person is a certified applicator.
Deny the director or any agent of the director the right to be present on a jobsite in connection with a contemporaneous pest management treatment, including for the purpose of taking pesticide samples and soil samples.

B. The following nonexclusive acts are grounds for disciplinary action:

Violating this chapter, rules adopted pursuant to this chapter or a written order of the director.
Making false or fraudulent records or reports.
Misrepresenting a material fact in obtaining a license.
Applying pesticides in a manner that is inconsistent with the label and labeling of the pesticide or that may cause harm to the public, the environment or nontarget animals.
Misusing a pesticide if the misuse is due to the failure of the person to properly train or supervise. Proper training includes training to read and understand the label and labeling and to understand the proper use of application equipment. Proper supervision includes oversight of applicators to ensure general compliance with the label and labeling and all applicable laws.
Authorizing, directing or abetting the publication, advertisement, distribution or circulation of any false statement or material misrepresentation concerning a business of pest management.
Engaging in the business of pest management or providing pest management services under a suspended license.
Being convicted of a felony, a misdemeanor arising from or in connection with a license issued pursuant to this chapter after issuance of the license or a misdemeanor involving moral turpitude.
Having had a license, or the equivalent, to apply pesticides or engage in the business of pest management suspended or revoked in another jurisdiction for cause.
Making a fraudulent statement or an intentional material misrepresentation in connection with a wood treatment proposal or a wood-destroying insect inspection report.
Having three or more de minimis violations of this chapter or rules adopted under this chapter.
Failing to provide the director with a current certificate of insurance or proof of financial responsibility.
Failing to provide a proper final grade treatment within twelve months after the original pretreatment or new-construction treatment.
Providing immediate supervision of more uncertified applicators at a time than is authorized by rule.
Failing to make and maintain true and accurate records of treatments performed or wood-destroying insect inspection reports, including those performed under warranty or guarantee, for at least three years after the date of treatment or inspection.
Failing to make treatment records available on request of the property owner or the property owner's authorized agent within three business days.
Failing to permit the director or any duly authorized agent to promptly inspect records pertaining to pest management located at an office of a business licensee when an employee or the owner of the business licensee is present at the business office and has access to the records.
Failing to timely produce specific records requested pursuant to section 3-3603, subsection B, paragraph 4.
Violating the terms of a consent agreement or written order of the director.

C. A person who violates subsection A, paragraph 1 of this section with reckless disregard for the health and safety of other persons or property is guilty of a class 6 felony.

§ 3-3625 Business license; principals; definition

A. The director shall deny an application for a new business license or a renewal of an existing business license if a principal of the applicant was also a principal of another business that currently owes past due termite action registration form fees, owes civil penalties to the division or has had its business license suspended or revoked within the last five years and was a principal at the time the fees became due or the acts resulting in the disciplinary action occurred.

B. For the purposes of this section, "principal" means a person who owns at least a ten percent interest in a business. Principal includes an owner that is itself a business as well as owners of a principal.

§ 3-3626 Injunctive relief

In addition to all other remedies, the director, either through the attorney general or the county attorney, may apply to the appropriate court for an order enjoining any act or practice that appears to constitute a violation of this chapter or rules adopted pursuant to this chapter. On a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction shall be granted without bond.

Article 4 Wood-Destroying Organisms

§ 3-3631 Termite action report form; exemption

A. Within thirty calendar days after completion of a pretreatment, a new-construction treatment, a final grade treatment, an initial corrective treatment or a wood-destroying insect inspection report, a business licensee or certified applicator shall file with the division in a form approved by the director a termite action report form and the prescribed fee. A termite action report is required for termite action only and does not include all wood-destroying organisms.

B. The termite action report form shall include:

The address or location of the work or project.
The type and date of the work.
The name of the business licensee.
Any other information required by rule.

C. The director may:

Adjust the fee upward or downward to a level that is calculated to produce sufficient revenue to carry out the functions of wood-destroying organism regulation.
Establish tiered fees according to the means of submission to encourage electronic submission of the termite action report form.
Assess a penalty of not more than one hundred dollars per form for failing to submit the required form or fee, or both, within thirty calendar days.

D. If the business licensee who performs an initial corrective treatment performed the pretreatment or new-construction treatment at the same site and filed a termite action report form with the division documenting the pretreatment or new-construction treatment, the business licensee is exempt from this section with respect to the initial corrective treatment.

§ 3-3632 Wood-destroying organisms; treatment proposal; form; retention; exception

A. A business licensee shall not commence work on a contract or sign, issue or deliver any documents expressing an opinion or making a statement relating to the presence or absence of wood-destroying organisms in a structure until an inspection is made.

B. Only an applicator certified in the category of wood-destroying organism management shall prepare a treatment proposal on a form approved by the director. The applicator shall deliver a copy of the treatment proposal to the person requesting the proposal or treatment, or the person's designated agent, before beginning treatment. The treatment proposal shall include the following information:

The address of the property to be treated.
A statement describing that the work is preventative or corrective.
A statement describing the evidence of infestation or damage.
A diagrammatic description showing the nature and location of evidence of infestation or damage, or both, if applicable.
A statement describing the treatment or repair method, including the name of the pesticide or device to be used and a diagrammatic description showing where the treatment or repair will be rendered.
The price for the work.
The terms for the service agreement provided by the business licensee.
The signature and license number of the person who made the inspection of the structure to be treated.

C. A certified applicator shall also give to the person requesting a proposal or treatment a written recommendation that verifies a particular problem and, in addition to the certified applicator's recommendation for treatment, shall advise the person of alternative treatments and methods, including integrated pest management methods, to alleviate the problem.

D. A treatment proposal shall not be in the same form or be construed as a wood-destroying insect inspection report. A treatment proposal that does not identify infestation by wood-destroying organisms is not a binding statement as to the presence or absence of wood-destroying organisms.

E. A treatment proposal shall be prepared by a certified applicator who has received at least five hours of instruction from an in-house education program of the business licensee on the subject of wood-destroying organisms inspections. An examination on the instruction is not required. The business licensee shall keep a record of completion of the training and shall make the record available on the director's request. The instruction requirement does not apply to certified qualified applicators.

F. If a business licensee performs a treatment pursuant to a treatment proposal, the business licensee shall maintain for three years a record of the treatment and the name and quantity of the pesticide used.

G. This section does not apply to the application of pesticides directly to structural components of wood or wood products, which are not part of an existing structure normally habitable by persons, to prevent or manage wood degradation by wood-destroying organisms.

§ 3-3633 Wood-destroying insect inspection reports

A. Wood-destroying insect inspection reports may be completed only by an applicator who is certified in the category of wood-destroying organism management and who has received at least five hours of instruction from an in-house education program of the business licensee on the subject of wood-destroying insect inspection reports. An examination on the instruction is not required. The business licensee shall keep a record of completion of the training and shall make the record available on the director's request. The instruction requirement does not apply to certified qualified applicators.

B. Wood-destroying insect inspection reports shall be on file in the office of the business licensee within seven calendar days after the completion of an inspection. The business licensee shall retain a copy of all completed wood-destroying insect inspection reports for three years and make the reports available on the director's request.

C. Wood-destroying insect inspection reports are evidence of both the existence or absence of wood-destroying insects and conditions conducive to wood-destroying insects that were visible and accessible to an inspector at the time the inspection was made. A business licensee remains responsible for the accuracy of the inspection and the report as evidence of the presence or absence of infestation and conditions conducive to infestation on the date of inspection, except that a wood-destroying insect inspection report shall not be construed as a guarantee as to the presence or absence of wood-destroying insects and conditions conducive to wood-destroying insects in a structure after the date of inspection.

D. If a certified applicator is exempt from the business license requirement with respect to wood-destroying insect inspections pursuant to rules established by the director, the certified applicator shall fulfill the responsibilities placed on business licensees in this section.

E. A person shall not complete a wood-destroying insect inspection report for a property that the person owns or occupies.