Title 3, Agriculture

In this article, unless the context otherwise requires: 1. "Adulterated" means the existence of one or more of the conditions described in section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 342). 2. "Associate director…

A. The federal definitions and standards of identity for the following, which are adopted pursuant to the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 301 et seq.) and in effect on July 1, 1989, are the standards of identity for al…

A. The associate director, with the approval of the director, shall employ a state dairy supervisor to enforce the provisions of this article. The supervisor shall recommend to the director for adoption rules deemed necessary or advisable to carry out the provisions thereof. B. T…

A. Special dairy inspectors employed by the department shall supervise, inspect, weigh and test dairy products produced or manufactured for human consumption and shall perform other duties and possess other powers as may be prescribed by the associate director authorized by this …

A. Unless inconsistent with this chapter, the production, transportation, handling and sale of milk and milk products and the inspection of dairy herds, dairies and milk plants shall be regulated in accordance with the terms of the federal milk ordinance. B. The words "health aut…

A. All milk and milk products, including cottage cheese, as defined in the federal milk ordinance, sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments shall be grade A pasteurized or certified pasteurized milk and milk products. No ot…

A. A person shall not operate a milk distributing plant or a manufacturing milk processing plant, engage in the business of producer-distributor or producer-manufacturer, or engage in the business of selling at wholesale milk or dairy products, or both, without a license. This se…

A person having charge of a distributing plant or manufacturing plant shall maintain a complete monthly record of the quantity and source from which dairy products are received and the sales of dairy products shipped or sold from the plant.

A. A handler shall not engage or continue in business and the associate director shall deny, suspend or revoke any license issued to the handler under this chapter unless the associate director is satisfied that the handler's financial condition reasonably assures the ability to …

No person known to have a contagious or infectious disease shall occupy a room in which dairy products are handled, or actively engage in handling or in any operation of producing, processing, manufacturing, distributing, transporting or dispensing dairy products. A person so eng…

A. Except as otherwise provided by law, a tuberculin test of all dairy herds shall be made before milk therefrom is sold. Thereafter, testing shall be conducted and reactors disposed of as prescribed by chapter 12, article 3 of this title. A certificate signed by a licensed veter…

The associate director may direct the state veterinarian to establish a quarantine of cows, and make an examination thereof to determine the presence of tuberculosis, anthrax or other diseases dangerous to human life, and he shall examine such cows as the associate director direc…

A dairy animal infected with tuberculosis, contagious abortion or other contagious or infectious disease shall not be brought into the state. A dairy animal brought into the state shall be accompanied by a certificate issued by a state veterinarian stating that the animal is free…

A. No person engaged in the production or manufacture of milk or milk products shall sell, give away, exchange or barter any milk or milk products in a raw, unpasteurized or unsterilized state, from a cow afflicted with a disease dangerous to human health or life, after knowledge…

A. A milk holding tank shall be so designed, constructed and installed as to withstand ordinary usage and permit accurate measurement of the fluid contents thereof, and shall be so maintained by the owner. The tanks shall be so designed, constructed, installed and maintained that…

The tolerance allowed in excess or deficiency on a milk holding tank used as a measure and equipped with a measuring device shall be for a milk holding tank with a capacity of: 1. Not more than four hundred gallons, one-half gallon. 2. Not less than four hundred one nor more than…

A. A milk receiving plant, manufacturing plant or other place using a volumetric method for determining the fat content of milk or cream, where the result of the determination is to be used wholly or in part as a basis for payment or settlement for the milk or cream, or where the…

A. A person buying milk or cream from a producer to be paid for on the basis of the percentage of milk fat contained therein, and for such purpose taking individual samples to form a composite sample for periodic testing, shall, at the request of the producer, at the end of the p…

A. No person shall sample milk or cream for the purpose of determining the amount of milk fat contained therein where the result of the test is used as a basis for payment for the milk or cream, or for official inspection or public record, unless licensed by the division. An appl…

A. A place of business making the bacterial count a factor in the determination of the basis for payment or settlement for milk or cream, or a cooperative creamery, milk receiving or manufacturing plant allotting proceeds on that basis, shall use the method and equipment prescrib…

Upon application by a producer and a distributor or a manufacturer, the associate director shall, at the expense of the applicants, appoint an official tester to test the butterfat content of the producer's product. When there is a disagreement or variance in the reading of a Bab…

The associate director shall regulate the production, processing, manufacturing, labeling, storing, transportation, handling and sale of manufactured milk products according to the general specifications for dairy plants as published by the United States department of agriculture…

A. Any barn, corral, enclosure or place in which manufacturing milk or cream is produced shall be kept free from accumulations of manure or other filth, and a foul smelling or unsanitary condition in or near the place shall not be tolerated. B. Manufacturing milk or cream shall b…

A. Cheese manufactured in the state for sale shall be made from pasteurized milk, skim milk, cream, goat milk or sheep milk conforming to the requirements prescribed by this article. All cheese sold shall be labeled to indicate the variety and grade of the cheese. Pasteurized che…

A. A frozen dessert may contain, in addition to the food constituent thereof, a harmless coloring matter, flavoring or stabilizer approved by the United States pure food and drug administration, but shall not contain unsound, rancid or spoiled ingredients. B. Ice cream shall weig…

A. The associate director shall issue to each manufacturer of creamery butter within the state, under such rules as to custody and use as the director may prescribe, a uniform brand bearing a suitable device or motto, and the words "Arizona state brand No._____," which shall be a…

A dairy product not bearing a label as prescribed by this article, or which displays on a label or by reference, placard or advertisement, a symbol, letter, figure, word or combination thereof indicating that the product is of a grade, class, quality or composition other than its…

A. It is unlawful to sell or serve oleomargarine or renovated or processed butter in a manner other than prescribed by federal law. B. No person shall sell or take orders for the delivery of oleomargarine or any substance designed to be used as a substitute for butter or other mi…

A. A person shall not produce, provide, sell, offer or expose for sale or have in his possession with intent to sell real or trade products which are adulterated or misbranded. The department shall be notified immediately: 1. If real or trade products are found to be adulterated.…

A person engaged in the business of buying milk, cream or butterfat, either by himself or by another, shall not restrain in any manner open competition in the business, nor discriminate between different sections of the state by purchasing or offering to purchase milk, cream or b…

No person shall bring into the state, sell or offer for sale, milk or a milk product not meeting the requirements of this article, nor shall a person purchasing dairy products on the basis of butterfat content or weight, report false test or weight.

The department's legal counsel, the attorney general and the county attorney of each county, upon request, shall advise the director in the performance of his duties, and shall institute and prosecute all actions arising under this article.

A. A person violating any provision of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article. B. If a person fails or refuses to comply with this article or any rule or order adopted pursuant to this article, the …

In this article, unless the context otherwise requires: 1. "Associate director" means the associate director of the division. 2. "Division" means the animal services division of the Arizona department of agriculture. 3. "Label" means any display of written, printed or graphic mat…

This article does not prohibit the manufacture or sale of: 1. Trade products complying with this chapter. 2. Proprietary foods containing milk or skim milk to which have been added any fat or oil other than milk fat if these foods are clearly labeled to show their composition and…

A. A trade product shall not be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions likely to mislead, deceive or confuse the public into believing the product is a real product. B. Real or trade products, wherever packaged, shall not be…

A. It is unlawful to engage in the manufacture of trade products unless a license for the then current calendar year for each separate plant or place used for such business is issued by the associate director pursuant to this section. B. Each application for a license shall be in…

A. The director shall adopt rules and orders that are necessary to carry out the purposes of this article, and that he determines are necessary to protect the public health and welfare, and to prevent deception or confusion among consumers. For labeling purposes only, the associa…

All monies received by the department for any purpose under this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. Legislative appropriations for the administration of this article shall be as for other state offices.

A. Any person violating any provisions of this article or any rule or order adopted in accordance with its provisions is guilty of a class 3 misdemeanor. B. Upon the failure or refusal of a person to comply with the provisions of this article or any rule or order adopted in accor…

A. Where any conflict with any other provisions of this chapter shall occur, this article shall control. B. Where any conflict with federal law or federal regulations adopted in accordance with federal law shall occur in this article, such federal law or regulations shall control…