Title 3 — Agriculture

In this chapter, unless the context otherwise requires: 1. "Aquaculture" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants. 2. "Associate director" means the a…

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: 1. T…

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 pub…

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 a…

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 …

A. Any license issued by the division may be suspended or revoked for violation or noncompliance with: 1. Any provision of this title. 2. Any rule issued pursuant to this title. 3. Any condition of the license. B. A license or agreement may be suspended, revoked or otherwise term…

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: 1. The contro…

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…

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 simulati…

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.

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 scho…

The state veterinarian shall devote his entire time to the duties of his office and shall not engage in private practice.

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.

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.

In this article, unless the context otherwise requires: 1. "Beef" includes veal. 2. "Beef products" includes veal products. 3. "Council" means the Arizona beef council. 4. "Fiscal year" means the fiscal year beginning July 1 and ending June 30. 5. "Person" means an individual, co…

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 3…

A. The council shall: 1. Receive and disburse funds under the provisions of this article to be used in administering the provisions of this article. 2. Annually elect a chairman from among its members. No chairman shall succeed himself more than once. 3. Elect a secretary-treasur…

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.

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.

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…

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 a…

The provisions of this article do not apply to: 1. 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. 2. A person to whom all of the following apply: (a) The person acquired ownership of cattle to facili…

A. The council may be terminated as provided in this section. A referendum among the state's producers shall be conducted by the council: 1. 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 coun…

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 li…

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 …

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.

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 …

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.

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 addi…

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 the…

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 sha…

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.

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.

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, unl…

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…

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 …

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…

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.

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.

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…

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 …

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 …

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 with…

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.

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.

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 o…

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.

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…

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…

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 possess…