Arizona Administrative Code

A person may petition the Director to review a practice or substantive policy statement, as prescribed in A.R.S. § 41-1033, that the petitioner alleges to constitute a rule. The petition shall contain: 1. The name, address, and signature of the petitioner; 2. The representative c…

If the farm grows, harvests, packs or holds produce that is not covered in Articles 2 through 17 of this Chapter and also conducts any of those activities on covered produce, and the excluded produce is not grown, harvested, packed or held in accordance with Articles 2 through 17…

The farm shall take all measures reasonably necessary to identify, and not harvest, covered produce that is reasonably likely to be contaminated with a known or reasonably foreseeable hazard, including steps to identify and not harvest covered produce that is visibly contaminated…

The farm shall handle harvested covered produce during covered activities in a manner that protects against contamination with known or reasonably foreseeable hazards, for example, by avoiding, to the degree practicable, contact of cut surfaces of harvested produce with soil. Not…

A. The farm shall not distribute dropped covered produce. B. For purposes of this Section, "dropped covered produce" means covered produce that drops to the ground before harvest and does not include: 1. Root crops that grow underground, such as carrots; 2. Crops that grow on the…

A. The farm shall use food-packing material that is adequate for its intended use, which includes being both: 1. Cleanable or designed for single use. 2. Unlikely to support growth or transfer of bacteria. B. If the farm reuses food-packing material, it shall take adequate steps …

A person may not transact business as a citrus fruit dealer or shipper without first obtaining a license as provided in Arizona Revised Statutes, Title 3, Chapter 3, Article 2. For fiscal year 2022, license fee shall be determined according to the annual gross sales based on the …

A person shall not act as a fruit or vegetable dealer or shipper without first obtaining a license as provided in Arizona Revised Statutes, Title 3, Chapter 3, Article 4. For fiscal year 2022, application for the license shall be filed with the supervisor and accompanied by a lic…

A. Equipment and tools subject to the requirements of this Article: 1. Are those that are intended to, or likely to, contact covered produce; and 2. Are those instruments or controls used to measure, regulate, or record conditions to control or prevent the growth of undesirable m…

Buildings subject to the requirements of this Article include: 1. Any fully- or partially-enclosed building used for covered activities, including minimal structures that have a roof but do not have any walls; and 2. Storage sheds, buildings, or other structures used to store foo…

A. The farm shall use equipment and tools that are of adequate design, construction, and workmanship to enable them to be adequately cleaned and properly maintained. B. Equipment and tools shall be: 1. Installed and maintained as to facilitate cleaning of the equipment and of all…

Instruments or controls the farm uses to measure, regulate, or record temperatures, hydrogen-ion concentration (pH), sanitizer efficacy or other conditions, in order to control or prevent the growth of undesirable microorganisms of public health significance, shall be: 1. Accurat…

Equipment that is subject to this Article that the farm uses to transport covered produce shall be both: 1. Adequately clean before use in transporting covered produce; and 2. Adequate for use in transporting covered produce. Notes Ariz. Admin. Code § R3-10-1105 Adopted by final …

A. Buildings shall be suitable in size, construction, and design to facilitate maintenance and sanitary operations for covered activities to reduce the potential for contamination with known or reasonably foreseeable hazards of covered produce or food contact surfaces. Buildings …

A. The farm shall take reasonable precautions to prevent contamination with known or reasonably foreseeable hazards of covered produce, food contact surfaces, and food-packing materials in fully-enclosed buildings from domesticated animals by either: 1. Excluding domesticated ani…

A. The farm shall take those measures reasonably necessary to protect covered produce, food contact surfaces, and food-packing materials from contamination by pests in buildings, including routine monitoring for pests as necessary and appropriate. B. For fully-enclosed buildings,…

A. The farm shall provide personnel with adequate, readily accessible toilet facilities, including toilet facilities readily accessible to growing areas during harvesting activities. B. The farm's toilet facilities shall be designed, located, and maintained to: 1. Prevent contami…

A. The farm shall provide personnel with adequate, readily accessible hand-washing facilities during growing activities that take place in a fully-enclosed building, and during covered harvest, packing, or holding activities. B. The farm's hand-washing facilities shall be furnish…

A. The farm shall dispose of sewage into an adequate sewage or septic system or through other adequate means. B. The farm shall maintain sewage and septic systems in a manner that prevents contamination by known or reasonably foreseeable hazards that would impact covered produce,…

A. The farm shall convey, store, and dispose of trash, litter, and waste in order to both: 1. Minimize the potential for trash, litter, or waste to attract or harbor pests; and 2. Protect against contamination by known or reasonably foreseeable hazards that would impact covered p…

A farm's plumbing shall be of an adequate size and design and be adequately installed and maintained to: 1. Distribute water under pressure as needed, in sufficient quantities, in all areas where used for covered activities, for sanitary operations, or for hand-washing and toilet…

If the farm has domesticated animals, to prevent contamination with animal waste, of covered produce, food contact surfaces, areas used for a covered activity, agricultural water sources, or agricultural water distribution systems, the farm shall both: 1. Adequately control their…

A. The farm shall establish and keep records required under this Article in accordance with the requirements of Article 14 of this Chapter. B. The farm shall establish and keep documentation of the date and method of cleaning and sanitizing of equipment subject to this Article us…

A. The Department incorporates by reference 21 CFR 112, Subpart M, as published in 80 FR 74353 on November 27, 2015, and no later amendments or editions. B. These sections apply to growing, harvesting, packing and holding of all sprouts, except soil- or substrate-grown sprouts ha…

A. The Department incorporates by reference 21 CFR 112, Subpart N, as published in 80 FR 74353 on November 27, 2015, and no later amendments or editions. B. These sections apply to methods to test agricultural water for specific microbial quality to ensure the water is consistent…

Unless the context otherwise requires, "electronic record" means any combination of text, graphics, data, audio, pictorial, or other information representation in digital form that is created, modified, maintained, archived, retrieved, or distributed by a computer system. Notes A…

A. Except as otherwise specified, all records required under Articles 2 through 17 of this Chapter shall: 1. Include, as applicable, all of the following:a. The name and location of the farm; b. Actual values and observations obtained during monitoring; c. An adequate description…

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. Notes Ariz. Admin…

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

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. Notes Ariz. Admin. Code § R3-10-1406 Adopted by final exempt rulemaking at 26…

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 of this Chapter may request a variance from one or more requirements by submitting an application to the Department demonstrating that both of the following apply: …

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 of this Chapter or of A.R.S. Title 3, Chapter 3, Article 4.1, not specifically listed as egregious, imminent health hazard, significant, major or minor violation, according to the nature and urgency of the violati…

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. Notes Ariz. Admin. Code § R3-10-1611 Adopted by final exempt rulemaking at 26 A.A.R. 682, effective …

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…