Title 3, Agriculture

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…

A. The industrial hemp trust fund is established for the exclusive purpose of implementing, continuing and supporting industrial hemp licensing. The trust fund consists of monies received from legislative appropriations, licensing fees and all other sources under this article. Th…

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 …

A. It is an affirmative defense to any prosecution for the possession or cultivation of marijuana pursuant to title 13, chapter 34 that the defendant is a licensee, or a designee or agent of a licensee, who is in compliance with this article. B. This section is not a defense to a…

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…

The director of the Arizona department of agriculture or the director of the department of health services may issue a cease and desist order for not to exceed twenty-four hours, or until an administrative hearing is held, to terminate the application of pesticides if either or b…

During a time when a person's license, permit, certificate or registration is under suspension or revocation or an order has been issued, a person requiring the application of a pesticide may apply to the director for emergency relief. If the director determines that an emergency…

The associate director shall submit an annual report to the director, the governor and the legislature on or before October 1 each year containing the following information for the preceding fiscal year relating to the division's activities under this article: 1. The number of fu…

A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the department, shall be available to the public, except that the information, or a particular part of the information, shall be c…

This article shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law, criminal or civil, nor shall any provision of this article, or any act done by virtue of this article, be construed so as to estop any person, this state or…

A. No person may intimidate, threaten, restrain, coerce, blacklist, discharge or in any manner discriminate against any person because that person has filed a complaint or instituted, or caused to be instituted, a proceeding under this article or has testified or is about to test…

The provisions of this article and the rules which implement this article are of statewide concern and are not subject to further local regulation.

A. An integrated pest management program is established in the Arizona department of agriculture for the purposes of managing insects, diseases, nematodes, weeds and rodents, educating the public and agricultural community and integrating crop management and cultural practices, f…

A. The integrated pest management program shall include programs for pest management and the impact of pest management in the following areas, listed in order of priority: 1. Cotton, grain and forage production. 2. Livestock, fruit, nut, vegetable and ornamentals production. B. T…

The director may contract with any university or community college in this state for the planning, design and implementation of an integrated pest management program in this state.

In this article, unless the context otherwise requires: 1. "Affected commodity" means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement o…