Arizona Administrative Code

A. Offsite storage of records is permitted if the records can be retrieved and provided onsite within 24 hours of request for official review. B. Electronic records are considered to be onsite at a farm if they are accessible from an onsite location at the farm. Historical Note N…

A. Existing records that are kept to comply with other federal, state, or local laws, or for any other reason, do not need to be duplicated if they contain all of the required information and satisfy the requirements of Articles 2 through 17. Existing records may be supplemented …

A. A farm shall keep records required by this Article for at least two years past the date the record was created. B. Farms that have a qualified exemption shall retain records that the farm relies on during the three-year period preceding the applicable calendar year to satisfy …

A farm shall keep records as either: 1. Original records; 2. True copies, such as photocopies, pictures, scanned copies or other accurate reproductions of the original records; or 3. Electronic records. Historical Note New Section made by exempt rulemaking at 26 A.A.R. 681, effec…

A. A farm shall have all records required under this Article readily available and accessible during the retention period for inspection and copying by an authorized employee or agent of the Department upon oral or written request, except that the farm shall have 24 hours to obta…

Records obtained by an authorized employee or agent of the Department are subject to disclosure pursuant to A.R.S. § 3-525.06. A. Documents, data and records received by the department and employees and agents of the department from a farm under this Article are public records an…

A. An entity located or conducting business in this state that is subject to regulation under Articles 2 through 17 may request a variance from one or more requirements by submitting an application to the Department demonstrating that both of the following apply: 1. The variance …

These words are defined for use in this Article, unless the context otherwise requires: 1. “Egregious violation” means a practice, condition, or situation on a farm that is substantially likely to lead to serious adverse health consequences or death from the consumption of or exp…

A. The Department shall conduct inspections pursuant to the procedure outlined in A.R.S. § 41-1009. B. The designated representative of the farm shall provide information at the time of the inspection regarding known entities associated with the farm that are subject to inspectio…

A. For an initial inspection, if the inspector observes a condition indicating the regulated person is not in compliance, and the condition is not egregious or an imminent health hazard, the inspector may provide outreach and education resources as appropriate for: 1. Training; 2…

A. For a routine inspection, reinspection or for cause inspection, if the inspector observes conditions that will not cause produce contamination, but require corrective action, the inspector may take any of the following actions: 1. Discuss observed conditions with the designate…

The following is a nonexclusive list of practices, conditions or situations on a farm that is substantially likely to lead to serious adverse health consequences or death from the consumption of or exposure to covered produce. A regulated person shall not: 1. Allow the harvest, p…

The following is a nonexclusive list of practices, conditions or situations on a farm that, if corrective action is not taken immediately, are substantially likely to lead to a potential source of contamination that may cause serious adverse health consequences or death from the …

The following is a nonexclusive list of practices, conditions or situations on a farm that, if corrective action is not taken, are reasonably likely to increase the risk of contamination to covered produce. A regulated person shall not: 1. Use measures that fail to prevent contam…

The following is a nonexclusive list of practices, conditions or situations on a farm that, if corrective action is not taken, may increase the risk of contamination to covered produce. A regulated person shall not: 1. Store or maintain packaging materials in a manner that fails …

The following is a nonexclusive list of practices, conditions or situations on a farm that will not increase the risk of contamination to covered produce. A regulated person shall: 1. Store and maintain complete records for the proper time period as required by Articles 4 through…

The Department shall classify a violation of Articles 4 through 14 or of A.R.S. Title 3, Chapter 3, Article 4.1, not specifically listed as egregious, imminent health hazard, significant, major or minor violation, according to the nature and urgency of the violation and the risk …

A significant, major or minor violation may be classified as a higher or lower violation based on the nature and urgency of the violation and the risk to public health and safety. Historical Note New Section made by exempt rulemaking at 26 A.A.R. 681, effective August 19, 2019; f…

A. Depending on any aggravating circumstances surrounding a significant, major or minor violation, such as intentional conduct or inaction that results in failure to maintain standards, the violation may be classified as a higher violation. B. A violation may be classified as a l…

A. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions indicating the regulated person has been previously notified of the same or similar violation, the inspector may take any of the following actions: 1. Discuss observed condi…

A. The Director may assess a civil penalty of up to: 1. $1,000 for each egregious violation; and 2. $750 for each imminent public health hazard violation. B. The amount of the civil penalty shall be progressively graduated according to the nature and urgency of the violation and …

A person who violates Articles 2 through 17 of this Article or rules adopted pursuant to Articles 2 through 17 of this Article may request a hearing before an administrative law judge pursuant to A.R.S. Title 41, Chapter 6, Article 10. The decision of the administrative law judge…

A. The Department incorporates by reference 21 CFR 112(R), as published in 80 FR 74353 on November 27, 2015, and no later amendments or editions. B. These sections apply to the process for the FDA to withdraw a qualified exemption. A qualified exemption may be granted to a farm b…

A. The FDA may withdraw a farm’s qualified exemption pursuant to 21 CFR 112(R). For example, an exemption may be withdrawn by FDA: 1. In the event of an active investigation of a foodborne illness outbreak that is directly linked to the farm. 2. If FDA determines that it is neces…

The Department may withdraw a farm’s qualified exemption for noncompliance as follows: 1. Failure to satisfy the requirements, terms and conditions prescribed by R3-10-403; 2. Failure to satisfy the requirements regarding food packaging labels as required by R3-10-404; 3. Failure…

If a farm’s eligibility for a qualified exemption changes, or if its qualified exemption is withdrawn by either the Department, pursuant to A.R.S. § 3-525.03 or by the FDA as outlined in 21 CFR 112(R), the farm will be considered “covered” and will be subject to all requirements …

The Director shall issue an order to withdraw the exemption to the owner, operator, or agent in charge of the farm. The order shall: 1. Be in writing, signed and dated by the Director; 2. Include specific information related to the reason for the withdrawal; 3. Outline requiremen…

The owner, operator, or agent in charge of a farm that receives an order to withdraw a qualified exemption applicable to that farm shall either comply with the requirements of the order or appeal the order pursuant to Arizona administrative hearing procedures outlined in A.R.S. T…

If the Director determines that a farm has adequately resolved any problems or conditions that resulted in withdrawal of the exemption, and that continued withdrawal of the exemption is not necessary to protect the public health or prevent or mitigate a food borne illness or outb…

In addition to the terms defined under A.R.S. §§ 3-481 and 3-525, these words and phrases are defined for use in Articles 2 through 17, unless the context otherwise requires: 1. “Adequate” means that which is needed to accomplish the intended purpose in keeping with good public h…

These words are defined for use in this Article, unless the context otherwise requires: 1. “Fruit” means: a. The edible reproductive body of a seed plant or tree nut and the harvestable or harvested part of a plant developed from a flower; and b. Includes apples, oranges and almo…

A. Articles 2 through 17 apply to primary production farms and secondary activities and require appropriate measures to minimize the risk of serious adverse health consequences or death from the use of, or exposure to, covered produce, including those measures reasonably necessar…

A. Unless specifically excluded by R3-10-304, the following is subject to the requirements of Articles 2 through 17: 1. Food that is covered produce; 2. A produce raw agricultural commodity that is grown domestically; and 3. A produce raw agricultural commodity that will be impor…

A. The following produce is not covered by Articles 2 through 17: 1. Produce that is rarely consumed raw, specifically: asparagus, beans (such as black, great Northern, kidney, lima, navy, pinto), sugar beets (including garden roots and tops), cashew, sour cherries, chickpeas, co…

A. The owner, operator, lessee or agent in charge of a farm shall notify the Department of the name, email address and telephone number of the farm’s designated representative. B. The farm may notify the Department of an alternate designated representative that can be contacted i…

These words are defined for use in this Article, unless the context otherwise requires: 1. “Food sales” include sale of produce, processed food, hay, and commodities such as food grains, dairy and livestock. 2. “Qualified end-user,” with respect to a food, means the consumer of t…

A. An owner, operator, lessee or designated representative of a farm subject to Articles 2 through 17 shall annually submit the following information on a form obtained from the Department: 1. Farm or business name, physical address, mailing address, email address and telephone n…

A farm or mixed-type facility with an average annual monetary value of produce, as “produce” is defined in Section R3-10-201, sold during the previous three-year period, of more than $25,000 on a rolling basis, adjusted for inflation using 2011 as the baseline year for calculatin…

A. A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if both of the following apply: 1. During the three-year period preceding the applicable calendar year, the average annual monetary value of the food the farm sold directly to …

A. If a farm is eligible for a qualified exemption in accordance with R3-10-404, the farm is subject to this Article and Articles 2, 3, 14, 16 and 17. B. In addition, the farm is subject to the following modified requirements: 1. When a food packaging label is required on food th…

If the farm is eligible for a qualified exemption in accordance with R3-10-404: 1. The farm shall establish and keep records required under this Article in accordance with the requirements of Article 14, except that the requirement in R3-10-1402(A)(4), for a signature or initial …

A. The compliance date for covered farms subject to the requirements of Articles 2 through 17 is calculated on a rolling basis during the previous three-year period, determined by the average annual monetary value of food sales and services rendered, as follows: 1. By January 26,…

All of the following requirements apply regarding qualifications and training for personnel who handle or contact covered produce or food contact surfaces: 1. All personnel, including temporary, part time, seasonal, and contracted personnel who handle or contact covered produce o…

A. At a minimum, all personnel who handle or contact covered produce or food contact surfaces during covered activities or who supervise the conduct of the activities shall receive training that includes all of the following: 1. Principles of food hygiene and food safety; 2. The …

The farm shall assign or identify a person or persons to be responsible for its operations to ensure compliance with the requirements of Articles 2 through 17. Historical Note New Section made by exempt rulemaking at 26 A.A.R. 681, effective August 19, 2019; filed in the Office M…

A. The farm shall establish and keep records required under this Article in accordance with the requirements of Article 14. B. The farm shall establish and keep records of training that document the required training of personnel, including the date of training, topics covered, a…

A. The farm shall take measures to prevent contamination of covered produce and food contact surfaces with undesirable microorganisms of public health significance from any person with an applicable health condition. B. The farm shall take all of the following measures to satisfy…

A. Personnel who work in an operation in which covered produce or food contact surfaces are at risk of contamination with known or reasonably foreseeable hazards shall use hygienic practices while on duty to the extent necessary to protect against contamination. B. The hygienic p…

A. The farm shall make visitors aware of policies and procedures to protect covered produce and food contact surfaces from contamination by people and take all steps reasonably necessary to ensure that visitors comply with the farm’s policies and procedures. B. The farm shall mak…

A. The Department incorporates by reference 21 CFR 112, Subpart E, as adopted in 80 FR 74353 on November 27, 2015, amended in 84 FR 9706 on March 18, 2019, and no later amendments or editions. B. These sections establish standards for agricultural water quality used by farms and …