Title 3 — Agriculture

In this article, unless the context otherwise requires: 1. "Council" means the citrus, fruit and vegetable advisory council. 2. "Director" means the director of the Arizona department of agriculture.

A. The citrus, fruit and vegetable advisory council is established consisting of members appointed by the governor as follows: 1. One citrus producer. 2. One apple, grape or tree fruit producer. 3. One iceberg lettuce producer from Yuma county. 4. Four fruit or vegetable producer…

A. The council shall: 1. Annually elect a chairman and vice chairman from among its members. 2. Meet at least once each calendar quarter and at such additional times as called by the chairman or if requested by four or more members of the council. 3. Keep a permanent record of it…

A. The department shall provide the necessary administrative services to the council in furtherance of its activities including: 1. Providing secretarial and other services necessary for the council to carry out its activities. 2. Receiving mail and other communications for the c…

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…

In this article, unless the context otherwise requires: 1. "Food product" includes: (a) Every product of the soil in its natural or manufactured state. (b) Beef and beef products. (c) Swine and pork products. (d) Fowls and poultry products. (e) Eggs and egg products. (f) Milk and…

A. The producers of food products on agricultural lands, farms and gardens shall never under any pretext be denied or restricted the right to sell and dispose of their products, except in the manner and to the extent provided in this article, and subject to inspection by lawful a…

A. A tax, license or fee may not be imposed or levied on or demanded or collected from: 1. A producer for a sale of a food product. 2. A purchaser of a food product from a producer. B. A penalty or punishment may not be imposed on account of the sale of a food product, except for…

In this article, unless the context otherwise requires: 1. "Council" means the Arizona grain research and promotion council. 2. "First buyer" means a person, partnership, corporation or cooperative that purchases grain from a producer in the first instance or a public or private …

A. An Arizona grain research and promotion council is established that is composed of seven producers appointed by the governor. To be qualified for appointment to council membership a person must be a resident of and producer in this state. B. The term of office of council membe…

A. The council shall: 1. Meet at least once during each calendar quarter and more frequently on the call of the chairman, vice-chairman or any three members of the council. 2. Annually elect a chairman from among its members. 3. Elect a secretary and a treasurer from among its me…

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…

The council shall maintain all records for three years. The records of the council are public records available for inspection for any lawful purpose. The council shall adopt reasonable rules concerning the time or place of the inspection or the manner in which the information is…

A. Before each marketing year begins, the council shall submit a proposed budget sufficient to carry out the purposes of this article. The budget is effective on approval by the council. B. To provide monies to carry out the purposes of this article, the council shall assess a fe…

A. The department shall provide through an intergovernmental agreement necessary administrative services to the council in conducting its activities including: 1. Providing secretarial and other services necessary for the council to carry out its activities. 2. Establishing separ…

A. If a pledge or mortgage of grain is given as security for a loan under the federal price support program, the fee is deductible from the proceeds of the loan at the time the loan is made or is deductible thereafter by agencies of the federal government. Producer's note and loa…

A. The Arizona grain research trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. The council shall administer the trust fund as trustee. The trust fund consists of fees collected pur…

If a person subject to the fee required by this article fails to make a report and remittance as required, the council shall determine the amount of the fee according to its best information and judgment, which amount so fixed is prima facie correct. The person failing to make th…

A producer may by the use of forms provided by the council, and on presentation of such proof as the council may require, have the fee refunded. A request for refund must be received in the office of the council within sixty days following the payment of the fee by the first buye…

A. Any activity including meetings undertaken pursuant to this article and intended to benefit the producers, handlers or processors of grain is not intended to be illegal or in restraint of trade. B. The council may, so as not to duplicate activities or services, work closely wi…

On petition of at least one hundred twenty-three producers, the council shall conduct an election within sixty days of receipt of the petitions to determine whether the council should recommend to the legislature that the council and its programs be discontinued and terminated. T…

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.…