Title 3 — Agriculture

A. No person may manufacture or distribute commercial fertilizer in this state without a commercial fertilizer license from the division, except that no license shall be required of persons distributing only: 1. Commercial fertilizers to licensed manufacturers for further manufac…

A. Any commercial fertilizer offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed on or affixed to the container in printed form either on tags affixed to the end of the package on the sewed end or directly on the package the …

Any label or descriptive tag attached to a lot, parcel or package of commercial fertilizer, agricultural mineral or other fertilizer material carrying a chemical analysis or claims for other values shall be deemed a warranty as to the things stated thereon by the person attaching…

A. The guaranteed analysis of a commercial fertilizer shall state the represented percentages of nitrogen, available phosphate and soluble potash if claimed. The percentage of phosphate shall be expressed in terms of phosphorus pentoxide and the percentage of potash in terms of p…

A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent, the statement of the licensee, distributor or other person…

A. No person shall sell as a commercial fertilizer or as an ingredient thereof any leather, hair, hoofs, horns, wool waste or other substances containing inert plant food material unless there is affixed to every lot, parcel or package a label stating that it contains such substa…

A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation of any of the provisions of this article, the director may serve the person a cease and desist order requiring such person, on rece…

Any lot of fertilizer material not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director to a court of competent jurisdiction in the area in which the fertilizer material is located. If the court finds the fertilizer material…

It is unlawful to distribute a misbranded fertilizer material. A fertilizer material is misbranded if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its agricultural value are made on the container o…

If any fertilizer material in the possession of the consumer is found by the director to be short in weight, the licensee or distributor of the fertilizer material shall, within thirty days after official notice from the department, pay to the consumer a penalty equal to four tim…

A. If it appears from the examination of any fertilizer material that any of the provisions of this article or the rules adopted under this article have been violated, the director shall pursue one or more of the following courses of enforcement, as appropriate: 1. The director m…

Nothing in this article shall be construed to restrict or avoid sales or exchanges of fertilizer materials to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale or to prevent the free and unrestricted shipments of fertilizer materials to …

A. The director may develop and adopt by rule an Arizona organic food certification program that shall meet the requirements of the national organic program (7 Code of Federal Regulations part 205). B. If the director establishes such a program, the director shall establish one o…

In this article, unless the context otherwise requires: 1. "Agricultural pilot program" means the industrial hemp program that is designed to research the growth, cultivation and marketing of industrial hemp, hemp seeds and hemp products as authorized by this article and rules an…

A. The legislature finds and determines that developing and using industrial hemp can improve the economy and agricultural vitality of this state and that the production of industrial hemp can be regulated so as not to interfere with strict regulation of marijuana in this state. …

A. For the purposes of carrying out this article, the director shall: 1. Adopt rules pursuant to title 41, chapter 6 to oversee the licensing, production and management of industrial hemp and hemp seed in this state pursuant to this article. 2. Adopt fees by rule. 3. Authorize qu…

A. A grower, harvester, transporter or processor shall obtain an industrial hemp license from the department. B. A grower, harvester, transporter or processor shall apply for a license pursuant to rules and orders adopted by the director. C. An application for an original or rene…

B. The director shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and may not be commingled with a…

A. A grower, harvester, transporter or processor of industrial hemp that is licensed pursuant to this article shall keep and maintain records as required by rule or order. The director or the director's designee may inspect or audit the records during normal business hours to ens…

A. The director shall adopt rules to address, correct and remediate violations of this article and rules or orders adopted pursuant to this article. B. The director may: 1. Issue and enforce a written cease and desist order against a grower, harvester, transporter or processor of…

A. The director shall establish by rule or order an industrial hemp advisory council to assist and make recommendations to the director regarding the administration and implementation of this article. The director shall appoint five members to the council, including one public me…

A. In addition to any liability established by this article or any penalty provided by law, the director may impose a civil penalty of not more than five thousand dollars for each violation of any of the following: 1. A licensing requirement. 2. A license term or condition. 3. A …

B. This section is not a defense to a charge of possession, sale, transportation or distribution of marijuana pursuant to title 13, chapter 34 that is not industrial hemp.

For the purposes of this article: 1. "Active ingredient" means an ingredient that will prevent, destroy, repel or mitigate pests or that will act as a plant regulator, defoliant or desiccant. 2. "Adulterated" means any pesticide the strength or purity of which falls below the pro…

A. This article shall be administered and its provisions and all rules adopted under this article shall be enforced by the associate director. B. The director may, after a hearing: 1. Declare as a pest any form of plant or animal life or virus which is injurious to plants, humans…

A. The director may appoint an advisory committee as needed to assist and advise the director and associate director in adopting technical rules. The director shall designate the chairman. Meetings of the committee shall be held upon call of the associate director or director. Me…

A. The department may publish, at such times and in such forms as the director deems proper, information concerning the production and use of pesticides and reports of chemists' findings based on official samples taken of pesticides sold within the state as compared with guarante…

The director with the advice of the associate director may cooperate with and after a hearing enter into agreements with any other agency of this state, the United States government, and any other state or agency thereof for the purpose of carrying out the provisions of this arti…

All authority vested in the director under this article may with like force and effect be executed by his authorized representatives as he designates for such purpose.

No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any pesticide.

A. The pesticide trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Except as provided in section 3-351, subsection D, paragraph 2, all monies collected under the provisions of this …

The division may issue an experimental use permit to any public or private research agency or educational institution for the purpose of experimentation. All experimental use permits shall contain provisions for the review and monitoring of the use allowed by the permit under rul…

A. Every pesticide that is distributed shall be registered with the division. The director may provide by rule for registrations having a term of one or more years and may prescribe the date on which registrations expire. B. The registrant shall file with the division a statement…

A. It is unlawful for any person acting independently or as agent to distribute: 1. Any pesticide that has not been registered pursuant to section 3-351, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representa…

A. The penalties provided for violations of subsection A of section 3-352 shall not apply to: 1. Any carrier while lawfully engaged in transporting a pesticide within the state, if such carrier, upon request, permits the director or a designated agent to copy all records showing …

A. When the director finds from investigation that any pesticide or device being distributed or delivered for transportation or transported in intrastate commerce or between points within the state through any point outside this state does not meet the requirements of this articl…

A. The results of official analyses of any pesticide which has been found to be subject to penalty or other legal action shall be forwarded by the department to the registrant or other responsible person and to the purchaser forthwith. Upon request within thirty days of issuance …

A. Any person violating any provision of this article is guilty of a class 3 misdemeanor. A registrant who violates any provision of this article after having been issued a warning pursuant to this article is guilty of a class 1 misdemeanor. B. The director may apply for and the …

In this article, unless the context otherwise requires: 1. "Associate director" means the associate director of the division. 2. "De minimis violation" means a violation which, although undesirable, has no direct or immediate relationship to safety, health or property damage. Rep…

A. The director is responsible for administering this article and shall: 1. Conduct investigations, on complaint and on his own initiative, regarding violations of this article and compile information necessary to administer this article. 2. Take timely action necessary to enforc…

The director shall adopt rules to regulate pesticides that include provisions to: 1. Administer and implement this article. 2. Prescribe measures to control, monitor, inspect and govern pesticide use. 3. Prohibit or restrict pesticide use. 4. Restrict the areas in which pesticide…

A. The director of the Arizona department of agriculture may enter into an interagency agreement with the department of environmental quality to allow the director to collect the pesticide reports required pursuant to section 49-305, subsection B. B. Rules adopted by the director…

A. The director may enter at reasonable times into or on or through any public or private property for the purpose of ascertaining compliance or noncompliance with any rules or orders adopted or issued under this article. If practicable, and if notice will not inhibit the directo…

A. The odoriferous pesticides profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics shall not be applied within one-fourth mile of a school, child care facility, a health care institution that meets the requirements of section 36-421…

A. The director shall designate pesticide management areas. Pesticide management areas may be urban areas that are adjacent to farmlands and have a history of concerns known by the department regarding nearby aerial pesticide applications. The director may adopt rules for designa…

A. Except as provided in subsection B of this section, any person having an interest that is or may be adversely affected may commence a civil action in superior court on the person’s own behalf: 1. Against any person, including this state and any political subdivision of this st…

A. A person suffering loss, damage or nonperformance on any agricultural, ornamental or silvicultural crop resulting from the use or application by others of a pesticide or a method or device for applying pesticides shall file with the department and with the person or persons wh…

A. Before locating bees on an apiary site, the owner of the bees shall obtain the landowner's or lessee's permission and notify in writing persons engaged in commercial agriculture on whose land the bees may forage. The notice shall include the beekeeper's address and telephone n…

A. The director is responsible for enforcing this article and shall receive and shall promptly and efficiently process all complaints regarding pesticide use. The director shall furnish to the attorney general a copy of each complaint filed under this article and copies of all in…

A. A person who, after a hearing, is found to have caused a nonserious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension, revocation, nonrenewal or denial of a permit, license or certif…