Title 3 — Agriculture

A. An inspector is guilty of a class 1 misdemeanor who: 1. Knowingly makes a wrong or improper inspection of citrus fruit. 2. Knowingly and improperly certifies that the grade, quality or condition of the citrus fruit does or does not conform to standards established by this arti…

Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.

A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following: 1. Acts as a dealer or shipper without a valid license. 2. Knowingly falsifies or causes to be falsified information in a record intended to show proof of o…

In this article, unless the context otherwise requires: 1. "Citrus" means varieties of the genus citrus that are commercially produced in this state for the fresh market or for juice production but does not include commercially produced by-products or products manufactured for re…

A. The Arizona citrus research council is established consisting of five producers appointed by the governor. The members shall be appointed as follows: 1. Two producers from district one, including Yuma county. 2. One producer from district two, including Maricopa, Pima and Pina…

A. The council shall: 1. Receive and disburse monies to be used in administering this article. 2. Annually elect a chairman, secretary and treasurer from among its members. 3. Meet at least once each calendar quarter or at such times as called by the chairman or when requested by…

A. The council may employ staff, to serve at the pleasure of the council, and may prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article. The employees of the council are exempt from title 38, chapter 4 and c…

A. On or before July 1 of each year, the council shall assess a fee of not more than $.05 per standard carton or forty pounds of equivalent weight in bulk bins of citrus produced. The council may assess the fee for citrus produced for the fresh market and the fee for citrus produ…

A. A person who is required to pay fees pursuant to section 3-468.04 and who fails to pay the fee within the time required by section 3-468.04 shall be assessed a penalty of ten per cent of the amount of the total fee and two per cent interest per month on the unpaid balance. The…

A. The Arizona citrus trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Monies collected pursuant to this article shall be deposited in the trust fund. B. The council shall administ…

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, ex…

A. The council may be terminated as provided in this section. The council shall conduct a referendum among the state's producers if either of the following occurs: 1. The council, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the …

In this article, unless the context otherwise requires: 1. "Associate director" means the associate director of the division. 2. "Bulk lot" means fresh fruit or vegetables that are not contained in a box, carton, crate or lug but may be contained in a bin or a similar container a…

A. The associate director, as appointed and authorized by the director, shall administer and enforce this article and articles 2, 4.1 and 4.3 of this chapter and rules adopted pursuant to those articles. The director may delegate to the associate director any of the director's ad…

A. The compensation of the associate director shall be as determined pursuant to section 38-611. The associate director, with the approval of the director, shall fix the duties of each deputy and clerk. Compensation of the deputies and clerks shall be as determined pursuant to se…

A. Citrus, fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing agreements. B. The associate director may perform inspections and collect assessments and other …

A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh fruit or vegetables are produced, stored, packed or delivered for shipment, are transported or are offered for sale and inspect representative samples of the fresh frui…

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules not in conflict with this article, as the associate director deems necessary to carry out this article. B. On recommendation of the associate director, the director shall pres…

A. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed and notarized release to the associate director or the associate director's agent, a person may receive individual totals of …

A. A person who is not licensed under article 2 of this chapter or this article and who requests inspection of citrus, fruit, vegetables or nuts shall pay a fee to the citrus, fruit and vegetable trust fund. The associate director shall set the amount of the fee by rule and shall…

A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of fruit or vegetables that are regulated pursuant to this article are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in possessio…

A. The associate director shall exempt any fruit or vegetable commodity from all rules established pursuant to section 3-487, subsection B, paragraphs 1 through 5 and shall exempt the collection of assessments for the commodity subject to this article if the exemption is supporte…

A. A person may not act as a dealer or shipper without first obtaining a license as provided in this article. Application for the license shall be filed with the associate director and accompanied by a license fee determined according to the annual gross sales based on the dealer…

A. In determining whether to refuse to issue a license, the associate director shall consider: 1. The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation. 2. The financial condition of the applicant as of th…

A. The associate director may publish a pamphlet containing a list of all licensed dealers and shippers and the rules pertaining to the enforcement of this article. B. Each licensed dealer and shipper shall keep the license in the dealer's or shipper's office or at the dealer's o…

A. Ten or ten percent of the producers or shippers of a fruit or vegetable, whichever is less, may petition the associate director to adopt a standard. B. Ten or ten percent, whichever is less, of the producers or shippers of a fruit or vegetable for which a standard has been est…

A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards and other rules adopted pursuant to this article, the owner or agent may request that the associate direct…

A. The department may: 1. Conduct shipping point and terminal market inspections of fresh fruit, vegetables and other products pursuant to one or more cooperative agreements with the United States department of agriculture. 2. Establish and collect inspection fees for work perfor…

This article shall not prevent: 1. A producer of fruit or vegetables in the state from selling or delivering his products unpacked and unmarked in bulk to a packer in this state for grading, packing or storage. 2. A producer or packer from manufacturing the products into a by-pro…

A. A person may decline to ship, transport or accept for shipment any fruit or vegetable within the meaning of this article when notified by an inspector that the products delivered for shipment violate this article or rules adopted pursuant to this article. B. The person may res…

A. An inspector is guilty of a class 1 misdemeanor who: 1. Knowingly makes a wrong or improper inspection of a fruit or vegetable product. 2. Knowingly and improperly certifies that the grade, quality or condition of a fruit or vegetable product does or does not conform to the st…

A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following: 1. Acts as a dealer or shipper without a valid license. 2. Knowingly falsifies or causes to be falsified information in a record intended to show proof of o…

Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.

In this article, unless the context otherwise requires: 1. "Associate director" means the associate director of the citrus, fruit and vegetable division of the department. 2. "Farm" has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and includes produ…

A. The department is designated as the agency for this state for all purposes of the produce safety rule. B. The director may: 1. Negotiate, consult and collaborate with the United States food and drug administration and do all things consistent with this article that are necessa…

A. The produce safety trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established pursuant to this article. The trust fund consists of: 1. Monies appropriated by the legislature for that purpose. 2. Monies co…

A. The department shall maintain an inventory of farms in this state that are subject to the requirements of this article. B. A farm having average annual sales during the previous three-year period of twenty-five thousand dollars or more on a rolling basis, adjusted annually acc…

A. The owner, lessee, operator or designated representative of a covered farm under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times to: 1. Inspect records, investigate and determine compliance with the produ…

A. Consistent with the produce safety rule, the director shall administer science-based minimum standards for the safe production and harvesting of produce to minimize the risk of serious adverse health consequences or death. B. If the director finds that produce is being grown, …

A. Documents, data and records received by the department and employees and agents of the department from a farm under this article are public records and are subject to disclosure as provided by law, except for: 1. Trade secrets, the disclosure of which would give an unfair adva…

A. A person is guilty of a class 1 misdemeanor who knowingly: 1. Impedes, obstructs, hinders, improperly influences or otherwise prevents or attempts to prevent the director, the associate director or any authorized employee, inspector or agent of the department in performing any…

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules that are not in conflict with this article as the associate director considers to be necessary to carry out the purposes of this article. B. At least thirty days before any he…

In this article, unless the context otherwise requires: 1. "Council" means the Arizona iceberg lettuce research council. 2. "Grower-shipper" means a person who is engaged in this state in the business of packing, shipping, transporting or selling iceberg lettuce of which he is a …

A. The Arizona iceberg lettuce research council is established consisting of seven producers appointed by the governor. The members shall be appointed as follows: 1. Four producers from Yuma county. 2. Three producers from any iceberg lettuce producing area in this state. B. The …

A. The council shall: 1. Receive and disburse monies to be used in administering this article. 2. Annually elect a chairman, secretary and treasurer from among its members. 3. Meet at least once each calendar quarter or at such times as called by the chairman or when requested by…

A. The council may employ staff, to serve at the pleasure of the council, and may prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article. The employees of the council are exempt from title 38, chapter 4 and c…

A. On or before July 1 of each calendar year, the council shall assess a fee of not more than one-half cent per carton of packed iceberg lettuce or bulk bins assessed according to forty-five pounds of equivalent weight of iceberg lettuce prepared for market or an equivalent basis…

A. A person who is required to pay fees pursuant to section 3-526.04 and who fails to pay the fee within the time required by the council shall be assessed a penalty of ten per cent of the amount of the total fee and two per cent interest per month on the unpaid balance. The pena…

A. The iceberg lettuce trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Monies collected pursuant to section 3-526.04 shall be deposited in the trust fund. B. The council shall adm…

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, ex…