Title 3 — Agriculture

A. Any interested party may be heard at the hearing, either in person or by attorney. The department shall preserve a written record of all evidence introduced at the hearing. B. If the director finds that a menace exists, he may make and enforce rules and orders and establish qu…

A. When the director believes the importation from designated countries, states or localities of specified varieties of plants, fruits, vegetables, seeds, soil or agricultural or horticultural products is dangerous to this state or to the agricultural or horticultural industry of…

A. When a shipment of any plant, plant product, soil or other thing imported or brought into the state is found to be infested by or to harbor insects, noxious weeds or other pests dangerous to the interests of the state, the director shall notify, in writing, the shipper, consig…

Nursery stock shipped into this state from another state or country shall be prominently labeled with the name and address of both the shipper and consignee, and shall be accompanied by a certificate of inspection dated within one year, or a copy of the certificate, made by a dul…

A. It is unlawful to offer for sale, sell, give away or transport, except from the state as provided in section 3-211, plants, fruits, vegetables or seeds known to be infested by dangerously injurious insects or plant diseases or known to harbor any pest whatsoever. B. When apple…

It is unlawful for a person to conceal from a quarantine officer any plant or plant product or to fail to present such plant or plant product or any quarantined article for inspection at the request of such officer.

It is unlawful for a person in possession or in control of a vehicle to fail to stop the vehicle at a properly signed border inspection station, or upon demand of a plant quarantine officer, for the purpose of determining whether any quarantine established pursuant to the provisi…

A. A dangerous plants, pests and diseases trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected under this article except civil penalties assessed pursuant to secti…

A. It is unlawful to knowingly refuse or fail to comply with any rule or order adopted by the director to protect the agricultural or horticultural industry, or adopted to control a quarantine zone established by the director. A violation of this subsection is a class 2 misdemean…

A. A person who knowingly transports or causes the transportation of a crop pest or crop disease into this state is subject to a civil penalty as prescribed by subsection B of this section. A person who receives a certificate of release under section 3-209 is exempt from this sec…

A. When any power or authority is given by any provision of this article to the director, it may be exercised by any deputy, inspector or agent duly authorized by the director. B. Any person in whom the enforcement of any provision of this article is vested has the power of a pea…

A. The associate director shall: 1. Establish a nursery certification program. 2. By rule, set and collect a variable fee for each nursery or nursery stock certification inspection based on a schedule of costs for services as may be appropriate to recover the actual direct costs …

A. The director may direct a state citrus budwood certification program. Under the program, inspectors may: 1. Monitor the fumigation of blocks of citrus trees. 2. Monitor the transplanting of seedlings from the seed bed. 3. Monitor the cutting of budwood from mother blocks or ot…

A. The director may enter into agreements with adjoining states for the joint exercise of power in the construction and operation of inspection stations or other necessary facilities within the boundaries of this state or the adjoining state and the director may contract for such…

Employees of the department who are assigned to inspection stations or other facilities operating under a joint state agreement and located within an adjoining state shall retain all rights and privileges of, and shall be subject to all laws, rules and regulations governing, othe…

The plant services division, the animal services division and the office of inspections shall cooperate to provide livestock inspections at border inspection stations or department offices as required under section 3-1332, subsection E and to train the appropriate personnel to pe…

In this article, unless the context otherwise requires: 1. "Advertisement" means all representations, other than those on the label, made in any manner relating to seed within the scope of this article. 2. "Agricultural seed" means the seeds of grass, forage, cereal, and fiber cr…

A. The director shall enforce the provisions of this article. The director shall: 1. Sample, inspect, analyze and test agricultural, vegetable and ornamental plant seed transported, sold or offered or exposed for sale for sowing purposes, as provided by section 3-233 and to the e…

A. For the purpose of carrying out this article, the director may: 1. In order to have access to seeds and the records pertaining to seeds subject to this article and the rules adopted under this article, enter upon: (a) Any established plant, warehouse or place of business durin…

A. A seed law trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected pursuant to section 3-233 shall be deposited in the seed law trust fund. B. The director shall a…

A. An Arizona seed dealer or an out-of-state seed dealer who sells, distributes, processes or mixes for the use of others any agricultural, vegetable or ornamental plant seed, except vegetable and ornamental plant seed in packages of less than one pound, shall obtain a license fr…

Each person whose name appears on the label of and handles agricultural and vegetable seeds subject to this article shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled, and keep for one year a file sample of each lot of seed…

The director shall adopt rules to specify labeling requirements for each container of agricultural, vegetable and ornamental plant seed sold, offered for sale, exposed for sale or transported in this state for sowing purposes. The labeling requirements shall include: 1. Germinati…

A. The director may issue and enforce a written cease and desist order to the owner or custodian of any lot of agricultural, vegetable or ornamental plant seed which the director finds is in violation of any of the provisions of this article, which order shall prohibit further sa…

A. Any lot of agricultural, vegetable or ornamental plant seed not in compliance with the provisions of this article is subject to seizure upon complaint of the director to a court of competent jurisdiction in the locality in which the seed is located. B. If the court finds the s…

A. Any person violating any provision of this article is guilty of a petty offense. B. A person who violates any provision of this article with the intent to commit fraud is guilty of a class 6 felony. C. When the director finds that a person has violated any of the provisions of…

A. The provisions of sections 3-237 and 3-242 do not apply: 1. To seed or grain not intended for sowing purposes. 2. To seed in storage in, or being transported or consigned to a cleaning or processing establishment for cleaning or processing, if the invoice or labeling accompany…

A. The director may assess a civil penalty of at least fifty dollars but not more than three hundred dollars for each violation, with each affected customer constituting a separate violation, against a seed dealer or labeler who, after a hearing, is found by a preponderance of th…

The regulation and use of seeds are of statewide concern. The regulation of seeds pursuant to this article and their use is not subject to further regulation by a county, city, town or other political subdivision of this state.

The provisions of this article shall apply to any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the …

A. As used in this article the substances and mixtures of substances referred to in section 3-261 are defined as follows: 1. "Animal manures" means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those that h…

The provisions of this article and the rules that implement this article are of statewide concern. The labeling of fertilizers and other substances regulated pursuant to this article are not subject to further regulation by a county, city, town or other political subdivision of t…

A. The associate director may refuse to license or may cancel the license of any distributor who violates any provision of this article. The director shall review the associate director's action on request of any person adversely affected by the action. B. The director may, after…

A. If before adopting rules pursuant to this article, the director determines that it is necessary or desirable, the director may appoint an advisory committee pursuant to section 3-106. B. Any licensee, distributor or person offering for sale or selling fertilizer materials in t…

A. The director may provide for publishing at such times and in such form as the director deems proper information concerning the sale of fertilizer materials together with such data on their production and use as the director considers advisable, and a report of the monies recei…

A. The director, who may act through an authorized agent, shall sample, inspect and make analyses of fertilizer materials distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such fertilizer material…

A. An inspection fee at the rate of twenty cents per ton shall be paid to the department on commercial fertilizers distributed in this state by any person subject to the following: 1. If more than one distributor is involved in the chain of distribution, the one who sells directl…

A. The fertilizer materials 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 3-272, subsection B, paragraph 2, all monies collected under the provisio…

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 fertilizer material.

A. No person may manufacture or distribute commercial fertilizer in this state without a commercial fertilizer license from the division, except that no license shall be required of persons distributing only: 1. Commercial fertilizers to licensed manufacturers for further manufac…

A. Any commercial fertilizer offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed on or affixed to the container in printed form either on tags affixed to the end of the package on the sewed end or directly on the package the …

Any label or descriptive tag attached to a lot, parcel or package of commercial fertilizer, agricultural mineral or other fertilizer material carrying a chemical analysis or claims for other values shall be deemed a warranty as to the things stated thereon by the person attaching…

A. The guaranteed analysis of a commercial fertilizer shall state the represented percentages of nitrogen, available phosphate and soluble potash if claimed. The percentage of phosphate shall be expressed in terms of phosphorus pentoxide and the percentage of potash in terms of p…

A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent, the statement of the licensee, distributor or other person…

A. No person shall sell as a commercial fertilizer or as an ingredient thereof any leather, hair, hoofs, horns, wool waste or other substances containing inert plant food material unless there is affixed to every lot, parcel or package a label stating that it contains such substa…

A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation of any of the provisions of this article, the director may serve the person a cease and desist order requiring such person, on rece…

Any lot of fertilizer material not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director to a court of competent jurisdiction in the area in which the fertilizer material is located. If the court finds the fertilizer material…

It is unlawful to distribute a misbranded fertilizer material. A fertilizer material is misbranded if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its agricultural value are made on the container o…

If any fertilizer material in the possession of the consumer is found by the director to be short in weight, the licensee or distributor of the fertilizer material shall, within thirty days after official notice from the department, pay to the consumer a penalty equal to four tim…

A. If it appears from the examination of any fertilizer material that any of the provisions of this article or the rules adopted under this article have been violated, the director shall pursue one or more of the following courses of enforcement, as appropriate: 1. The director m…