Title 3, Agriculture

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…

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…

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…

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.

The standards of quality for chicken eggs in the shell as determined by candling shall be established by rule adopted by the director.

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.

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.

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. 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. 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…

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 …

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. 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. It is unlawful to sell to retailers or consumers nest run eggs, except that a person may sell to retailers or consumers twenty-five cases of nest run eggs from the person’s own production each calendar year. Retailers may sell nest run eggs to consumers only if, when on hand, …

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. 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. 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. 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. 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. 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…

Sales to consumers of chicken eggs from bulk lots are prohibited.

Advertising by sign, placard or otherwise the price at which chicken eggs are offered for sale without marking the full, correct and unabbreviated designation of size and grade of the eggs, or nest run, according to the standards prescribed pursuant to this chapter on the adverti…

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. 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. 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. 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 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 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. 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…

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.

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.

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 …

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. 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. 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. 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. 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. 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 …

In this chapter, unless the context otherwise requires: 1. "Associate director" means the associate director of the division. 2. "Division" means the environmental services division of the Arizona department of agriculture. 3. "State agency" means any agency or political subdivis…