Arizona Administrative Code

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

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 Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

A. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09. B. The Director shall grant a rehearing or review of an administrative law judge’s decision for any of the following causes materially affecting the moving party’s rights: 1. The decision is not justi…

Historical Note Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3). ARTICLE 3. PUBLIC PARTICIPATION IN RULEMAKING

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

A. A person requesting the Department to adopt, amend, or repeal a rule, as prescribed in A.R.S. § 41-1033, shall file a petition with the Director. A petition shall contain: 1. The name, address, and signature of the person submitting the petition; 2. For the making of a new rul…

A person shall direct written comment on a proposed rule to the person identified by the Department in a rulemaking notice published in the Arizona Administrative Register as responsible for accepting written comment. Historical Note Adopted effective April 11, 1994 (Supp. 94-2).…

A presiding officer shall perform the following acts on behalf of the Department when conducting an oral proceeding as prescribed under A.R.S. § 41-1023: 1. Request that each attendee register by name and representative capacity, if applicable, on a form provided by the Departmen…

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

A. A person may file a written criticism of a current rule with the Department at any time. B. A criticism shall clearly identify the rule addressed and describe with specificity the person’s concern regarding the rule. C. The Department shall acknowledge receipt of a criticism w…

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 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…

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. His…

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. Historical Note New Section made by exempt rulemaking …

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. B. The farm shall establish and keep documentation of the date and method of cleaning and sanitizing of equipment subject to this Article used in both: 1. G…

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. Histori…

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