Title 3 — Agriculture
17 chapters · 734 sections in this title.
A.R.S. § 3-701 Definitions
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In this article, unless the context otherwise requires: 1. "Agent" includes a bailee, broker, commission merchant, factor, auctioneer, solicitor or consignee and any other person acting on the express or implied authority of another person. 2. "Associate director" means the assoc…
A.R.S. § 3-703 Definitions of inedible eggs
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In this article, unless the context otherwise requires: 1. "Addled" or "white rot" means putrid or rotten. 2. "Adherent yolk" means the yolk has become fastened to the shell. 3. "Adulterated eggs" are eggs that are filthy, putrid, decomposed or otherwise unfit for food in whole o…
A.R.S. § 3-704 Descriptive terms in general
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The definitions of terms descriptive of the shell, aircell and yolk, white and germ shall be those formulated by the United States department of agriculture for respective grades prescribed by the director.
A.R.S. § 3-705 Standards of quality
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The standards of quality for chicken eggs in the shell as determined by candling shall be established by rule adopted by the director.
A.R.S. § 3-706 Grade tolerances
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The tolerance for eggs in a case, half-case, container or carton as determined by count shall conform to the specifications of the grades established by rules adopted by the director.
A.R.S. § 3-707 Allowances of tolerances
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Within the maximum tolerance permitted allowances to be made at receiving points or on lot quantities shall be established by rules adopted by the director.
A.R.S. § 3-708 Standards of size; determination by weight
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As used in this article with relation to chicken eggs, the standards of size as determined by weight shall be established by rules adopted by the director.
A.R.S. § 3-709 Supervisor of egg inspection; egg inspectors
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A. The associate director, with the approval of the director, shall employ a supervisor of egg inspection. The supervisor shall qualify by taking and filing the official oath of office. He shall be possessed of not less than three years' experience in the production, sale and det…
A.R.S. § 3-710 Powers and duties; state preemption; egg promotion program
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A. The department may acquire and distribute to interested persons useful information relative to preparing for market, handling, purchasing, transporting, storing and marketing eggs and egg products, including demonstrating how to classify eggs and egg products in accordance wit…
A.R.S. § 3-712 Sampling; methods; sample as evidence
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The director shall prescribe methods in conformity with the United States department of agriculture specifications of selecting samples of lots, cases or containers of eggs or egg products which shall be reasonably calculated to produce fair representations of the entire lots or …
A.R.S. § 3-713 Presumption of sale from possession
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Possession by any person, firm or corporation engaged in the sale of eggs or egg products creates a presumption that the eggs or egg products are for sale.
A.R.S. § 3-714 Annual licensing; application; fee; display; exceptions
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A. No person shall act as a dealer, producer-dealer or manufacturer engaged in the business of buying, candling, grading, peddling, distributing, dealing in or trading in eggs or egg products for resale within this state or engage in the business of breaking eggs for resale withi…
A.R.S. § 3-715 Sales of nest run eggs; unlawful designations
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B. A person who proposes to sell nest run eggs must first notify the department in writing of that intent and specify the location and the number of laying hens, the place of production and the general area of this state in which the nest run eggs are to be sold. C. It is unlawfu…
A.R.S. § 3-716 Inspection fees; report and payment by dealers; exception; penalty; collection
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A. An inspection fee of not more than three mills per dozen on shell eggs and three mills per pound on egg products shall be paid by a dealer, producer-dealer, manufacturer or producer on all eggs and egg products regardless of origin, sold to a retailer, hotel, hospital, bakery,…
A.R.S. § 3-717 State egg inspection trust fund
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A. All fees provided by this article shall be paid to the department, which shall issue a receipt for such fees. The department shall deposit the full amount in a special fund known as the state egg inspection trust fund. The trust fund is established for the exclusive purpose of…
A.R.S. § 3-718 Sale of eggs; invoice; deterioration of eggs below grade; exceptions
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A. Every person selling eggs or egg products to a producer-dealer, dealer, retailer, manufacturer, hotel, hospital, bakery, restaurant or other eating place, or consumer shall furnish an invoice showing the date of sale, the exact quantity of eggs or egg products, size and grade …
A.R.S. § 3-719 Reuse of standard cases and other containers; identification of eggs; expiration date markings; exceptions
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A. The standard thirty-dozen case and the fifteen-dozen half case as used in commercial practice in the United States may be reused with writing permitted on the sides if the case has been plainly and legibly marked on one outward end in such a position as to clearly and accurate…
A.R.S. § 3-720 Containers not requiring markings; department of agriculture grades
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A. No markings are required on cases, containers or subcontainers of eggs: 1. When a case, half case or container contains properly-marked cartoned or packaged eggs. 2. When sold to and packed on a contract basis for the United States armed forces or United States government inst…
A.R.S. § 3-721 Trade-mark; filing; reuse
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A. A person may secure the right to use a trade name, trade-mark or symbol by filing it with the secretary of state in compliance with section 44-1443. B. The reuse of any carton for eggs which bears a name, a trade-mark or a trade name, except where the user is entitled to use t…
A.R.S. § 3-722 Bulk lots; prohibition
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Sales to consumers of chicken eggs from bulk lots are prohibited.
A.R.S. § 3-723 Price advertisements; designation of size and grade of eggs
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[Repealed or reserved.]
A.R.S. § 3-724 Misrepresentation of quality
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A. No person shall advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they meet the requirements for grade A or better. B. No person shall advertise, represent or sell eggs as local eggs unless the eggs have been produced within this state and meet the…
A.R.S. § 3-725 Egg products; rules; out-of-state products; sanitary certificate
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A. Egg products shall not be sold in this state for human consumption unless the eggs used in such egg products have been candled to eliminate inedibles prior to removing the liquid from the shell and all further handling is pursuant to the rules prescribed under this chapter con…
A.R.S. § 3-726 Imported egg products; permit; inspection; certificate; containers; fee
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A. A person shall not sell for human consumption in this state egg products imported into the state from without the United States until they have been inspected by an inspector and are found to be fit for human consumption and unless a permit authorizing the sale has been issued…
A.R.S. § 3-727 Refrigeration of eggs and egg products
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A. Dealers, manufacturers and retailers shall keep shell eggs for human consumption under refrigeration at an ambient temperature not higher than forty-five degrees Fahrenheit. B. Dealers, manufacturers and retailers shall keep frozen egg products for human consumption under refr…
A.R.S. § 3-728 Nonconforming eggs; refusal of carrier to ship; reservation in bill of lading
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A person, forwarding company or common carrier may decline to ship or transport eggs or egg products when notified by an inspector that the eggs or egg products are not in conformity with the provisions of this article, and any person, forwarding company or common carrier may res…
A.R.S. § 3-729 Violation by transporting agency
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A person, forwarding company or common carrier transporting eggs or egg products at the request of the shipper or owner shall not be deemed in violation of this article unless the person, forwarding company or common carrier wilfully fails or refuses to stop the transportation th…
A.R.S. § 3-730 Nonconforming eggs as nuisance; procedure for handling and abatement
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A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered for sale, loaded, shipped, transported or sold in violation of this article, together with their cases, cartons or containers, are declared a public nuisance, and the eggs or egg products shall be…
A.R.S. § 3-731 Injunction
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The director may bring an action to enjoin the violation or threatened violation of any provision of this article in the superior court in the county in which the violation occurred or is about to occur.
A.R.S. § 3-732 Eggs bearing warning tag or notice; removal of tag or movement of containers prohibited
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No person shall move any eggs or their cases, cartons or containers to which a warning tag or notice has been affixed or remove the warning tag or notice from the place where it is affixed, except upon written permission or specific direction of the director.
A.R.S. § 3-733 Unlawful acts and conduct
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The following acts or conduct are unlawful: 1. Failure to comply with a lawful order of the department, or of a court, in a proceeding under the provisions of this article. 2. Refusal to submit eggs or egg products or a case, carton, container, subcontainer, lot, load or display …
A.R.S. § 3-734 Prosecutions by attorney general or county attorneys
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The attorney general or county attorney, upon request, shall advise the director or authorized agents thereof in the performance of its duties, and shall institute and prosecute actions arising under this article.
A.R.S. § 3-735 Arrests; appearance before magistrate; notice; written promise to appear; bail
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A. When a person is arrested for transporting eggs or egg products in violation of this article, unless he demands the right to an immediate appearance before a magistrate, the arresting officer, upon production of satisfactory evidence of the identity of the person arrested, sha…
A.R.S. § 3-736 Venue; evidence
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A. A prosecution for a violation of this article may be instituted in the precinct of the county where any part of the offense occurred. B. Evidence taken in one county may be admitted as evidence in a prosecution in another county. C. The director may, while enforcing the provis…
A.R.S. § 3-737 Violations; classification
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A. A person violating any provision of this article, filing a false report, or interfering with an inspector in the discharge of his duties is guilty of a class 3 misdemeanor. B. In addition, a violation of any of the provisions of section 3-716 is punishable as provided in subse…
A.R.S. § 3-738 Appeal inspections
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A. A person who is dissatisfied with the quality, grade, weight or condition assignment made by an inspector on a lot of shell eggs or egg products, which is evidenced by an egg inspection certificate, or with an inspector's decision relating to the sale of shell eggs or egg prod…
A.R.S. § 3-739 Violations; civil penalties; exception
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A. A retailer, dealer, peddler, shipper, seller or purveyor of shell eggs or egg products, who has received a written notice of violation of this article from the department and who after receipt of the notice commits a subsequent violation of the same provision which was stated …