Title 3 — Agriculture
17 chapters · 734 sections in this title.
A.R.S. § 3-3601 Definitions
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In this chapter, unless the context otherwise requires: 1. "Branch office" means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, informati…
A.R.S. § 3-3602 Applicability of chapter; state preemption
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A. This chapter applies to pest management. This chapter does not apply to pesticide applications used directly in the commercial production of crops and animals or used, if not for hire, on golf courses. B. The regulation of pest management is of statewide concern. The regulatio…
A.R.S. § 3-3603 Powers and duties of director
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A. The director is responsible for administering this chapter and shall: 1. Adopt rules that are necessary or proper to administer and implement this chapter, including rules that may be more stringent than a corresponding federal law for: (a) Administrative provisions. (b) Licen…
A.R.S. § 3-3604 Pest management trust fund
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A. The pest management trust fund is established for the exclusive purpose of implementing, continuing and supporting the division and its objectives as established by this chapter. B. The director shall administer the trust fund as trustee. The state treasurer shall accept, sepa…
A.R.S. § 3-3605 Pest management division council; members; duties
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A. The director shall establish by rule a pest management division council to assist and make recommendations to the director regarding the administration and implementation of this chapter but excludes reviewing and making recommendations on individual cases, investigations or a…
A.R.S. § 3-3606 Pesticide applications at schools and child care facilities; advance notification; exemptions
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A. Only a certified applicator may apply pesticides at a school or child care facility. B. A business licensee or certified applicator shall notify a school or a child care facility at least seventy-two hours in advance of any pesticide application in order to permit the school t…
A.R.S. § 3-3611 License and registration exemptions
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A. The provisions of this chapter requiring licensure and registration do not apply to: 1. Persons applying nonrestricted use pesticides on residential property that they own and occupy or that they own and that is not occupied. 2. Authorized representatives of any educational in…
A.R.S. § 3-3612 Political subdivisions; exemptions; definition
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A. A political subdivision that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements: 1. Is not required to be licensed under section 3-3615. 2. Must provide the department with the name and tele…
A.R.S. § 3-3613 Landscapers; records; civil penalties
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A. The provisions of this chapter requiring licensure and registration do not apply to a person who conducts lawn, garden, shrub or tree maintenance and who applies herbicides for the purpose of weed management, except as otherwise provided in this section. B. Notwithstanding sub…
A.R.S. § 3-3614 Applicator certification; categories; criminal records check requirement
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A. An application for applicator certification shall be in a form prescribed by the director and be accompanied by the prescribed fee. B. An individual may apply for certification as an applicator or qualified applicator in any one or a combination of the following categories: 1.…
A.R.S. § 3-3615 Business license; financial security
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A. A person who engages in the business of pest management shall obtain a valid business license from the division. A person who is not exempt under this chapter and who advertises for, solicits or claims to be willing to engage in the business of pest management is presumed to b…
A.R.S. § 3-3616 Qualifying party; registration
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A. A person shall not engage in the business of pest management in any category without a qualifying party registered in that category. B. To be a qualifying party, an individual must: 1. Be a certified qualified applicator. 2. Register as a qualifying party with the division usi…
A.R.S. § 3-3617 Branch office; branch supervisor
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A. A business licensee shall register each branch office with the director before the branch office opens for business. B. Each branch office shall be supervised by a registered branch supervisor.
A.R.S. § 3-3618 Fees
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A. The director shall establish by rule and collect application and renewal fees for the following: 1. A business license. 2. A branch office registration. 3. A branch supervisor registration. 4. A qualifying party registration. 5. A temporary qualifying party registration. 6. A …
A.R.S. § 3-3621 Disciplinary action; grounds; procedure
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A. If the director finds that a person has violated this chapter, a rule adopted pursuant to this chapter or a written order of the director, the director may issue a notice of violation and a cease and desist order to the person and, after an opportunity for a hearing, take any …
A.R.S. § 3-3622 Joint responsibility; burden of proof
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A. A business licensee, qualifying party, branch supervisor or applicator may be held jointly responsible for the acts or omissions of another person who is under the supervision of the business licensee, qualifying party, branch supervisor or applicator if the supervising licens…
A.R.S. § 3-3623 Civil penalties; suspension
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A. The director may suspend a license, certification or registration without a hearing if the licensee fails within thirty calendar days to pay civil penalties imposed under this chapter or rules adopted pursuant to this chapter. B. A licensee whose license is suspended under sub…
A.R.S. § 3-3624 Unlawful acts; violations; classification
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A. A person shall not: 1. Engage in the business of pest management, commence work on a contract or sign, issue or deliver any document expressing an opinion or statement relating to pest management without a business license issued pursuant to this chapter, unless the person is …
A.R.S. § 3-3625 Business license; principals; definition
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B. For the purposes of this section, "principal" means a person who owns at least a ten percent interest in a business. Principal includes an owner that is itself a business as well as owners of a principal.
A.R.S. § 3-3626 Injunctive relief
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In addition to all other remedies, the director, either through the attorney general or the county attorney, may apply to the appropriate court for an order enjoining any act or practice that appears to constitute a violation of this chapter or rules adopted pursuant to this chap…
A.R.S. § 3-3631 Termite action report form; exemption
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A. Within thirty calendar days after completion of a pretreatment, a new-construction treatment, a final grade treatment, an initial corrective treatment or a wood-destroying insect inspection report, a business licensee or certified applicator shall file with the division in a f…
A.R.S. § 3-3632 Wood-destroying organisms; treatment proposal; form; retention; exception
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B. Only an applicator certified in the category of wood-destroying organism management shall prepare a treatment proposal on a form approved by the director. The applicator shall deliver a copy of the treatment proposal to the person requesting the proposal or treatment, or the p…
A.R.S. § 3-3633 Wood-destroying insect inspection reports
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A. Wood-destroying insect inspection reports may be completed only by an applicator who is certified in the category of wood-destroying organism management and who has received at least five hours of instruction from an in-house education program of the business licensee on the s…