Arizona Administrative Code

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 For example, an exemption may be withdrawn by FDA: 1.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 nece…

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If a farm's eligibility for a qualified exemption changes, or if its qualified exemption is withdrawn by either the Department, pursuant to A.R.S. § 3-525.03 or by the FDA as outlined in 21 CFR 112(R), the farm will be considered "covered" and will be subject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 of this Chapter, unless the context otherwise requires: 1. "Adequate" means that which is needed to accomplish the intended purpose in keeping wi…

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

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

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

A. The following produce is not covered by Articles 2 through 17 of this Chapter: 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 cherrie…

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 of this Chapter shall annually submit the following information on a form obtained from the Department:1. Farm or business name, physical address, mailing address, email address …

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 of this Chapter. B. In addition, the farm is subject to the following modified requirements: 1. When a food packaging label is req…

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

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

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 of this Chapter. Notes Ariz. Admin. Code § R3-10-503 Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/…

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

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 …

These words are defined for use in this article, unless the context otherwise requires: 1. "Agricultural tea": a. Means a water extract of biological materials, excluding any form of human waste, produced to transfer microbial biomass, fine particulate organic matter and soluble …

A. A biological soil amendment of animal origin is treated if it has been processed to completion to adequately reduce undesirable microorganisms of public health significance in accordance with the requirements of R3-10-805, or, in the case of an agricultural tea, the biological…

A. Any biological soil amendment of animal origin shall be handled, conveyed and stored in a manner and location so that it does not become a potential source of contamination to covered produce, food contact surfaces, areas used for a covered activity, water sources, water distr…

The farm may not use human waste for growing covered produce, except sewage sludge biosolids used in accordance with the requirements of 40 CFR part 503(D), or equivalent regulatory requirements. Notes Ariz. Admin. Code § R3-10-804 Adopted by final exempt rulemaking at 26 A.A.R. …

A. Each of the following treatment processes are acceptable for a biological soil amendment of animal origin that the farm applies in the growing of covered produce, provided that the resulting biological soil amendments are applied in accordance with the applicable requirements …

The farm shall apply the biological soil amendments of animal origin specified in the first column of the table in this Section in accordance with the application requirements specified in the second column of the table in this Section and the minimum application intervals specif…

A. The farm shall establish and keep records required under this article in accordance with the requirements of Article 14 of this Chapter. B. For any biological soil amendment of animal origin the farm uses, it shall establish and keep the following records: 1. For a treated bio…

A. The requirements of this Article apply when a covered activity takes place in an outdoor area or a partially-enclosed building and when, under the circumstances, there is a reasonable probability that animals will contaminate covered produce. B. The requirements of this articl…

A. The farm shall take the steps set forth in subsection (B) if, under the circumstances, there is a reasonable probability that grazing animals, working animals, or animal intrusion will contaminate covered produce. B. The farm shall both: 1. Assess the relevant areas used for a…

A. Nothing in this Chapter authorizes the "taking" of or attempting to take threatened or endangered species as that term is defined by the federal Endangered Species Act. B. Articles 2 through 17 of this Chapter do not require covered farms to take measures to exclude animals fr…

In this Article: "Animal remains" means the body or part of the body of a dead animal in any stage of decomposition. "Authorizing agent" means an individual legally entitled to authorize the cremation of animal remains. "Communal cremation" means remains from multiple animals are…

A.A person shall not provide or represent to provide animal cremation services before submitting to the Board an application and the fee required under subsection (B). B.To obtain an animal crematory license, the Responsible Owner of an animal crematory shall: 1. Submit an applic…

A.An animal crematory license expires on December 31 of every even-numbered year. B. A Responsible Owner that fails to submit a renewal application and the fee required under R3-11-1004(2) to the Board on or before December 31 of an even-numbered year shall cease providing animal…

Under the authority provided by A.R.S. § 32-2207(9), the Board establishes and shall collect the following fees: 1. Animal crematory license: $400; 2. Renewal of an animal crematory license: $400; 3. Penalty for license renewal after January 31 following expiration: $100; and 4. …

The owner shall ensure that: 1. The animal crematory complies with all federal, state, and local laws; 2. The animal crematory is at a fixed location; 3. The retort is constructed to withstand temperatures high enough to reduce animal remains to bone fragments yet protect persons…

The owner shall ensure that: 1. The animal crematory accepts delivery of animal remains only from: a. The owner of the animal remains; b. An animal shelter or humane society; c. A veterinarian licensed under this Chapter; d. An individual or entity with whom the animal crematory …

A.The Responsible Owner shall ensure that the animal crematory has written procedures regarding the manner in which: 1. Animal remains are identified from the time the animal crematory accepts delivery of the animal remains until the cremated remains are released according to ins…

A.The Responsible Owner shall ensure that records containing the following information are maintained for three years: 1. For the cremation of individual animal remains: a. Last name of the owner of the animal; b. Name of the animal; c. Description of the animal, including its we…

A. A responsible owner shall not sell, assign, or transfer the license for an animal crematory. B. Under A.R.S. § 32-2292(D), a hange of Responsible Owner, cancels a license and the Responsible Owner shall: 1. Submit the cancelled license to the Board within 20 days after the the…

A.The definitions in A.R.S. §§ 32-2201, 32-2216(B), 32-2231(D), 32-2232(23), and 32-2281(E) apply to this Chapter. B. Additionally, in this Chapter, unless otherwise specified: 1. "Administrative completeness review" means the Board's process for determining that an individual ha…