Title 36, Public Health and Safety

This act modifies, limits and supersedes the electronic signatures in global and national commerce act, but does not modify, limit or supersede section 101(a) of that act (15 United States Code section 7001) or authorize electronic delivery of any of the notices described in sect…

Each executed document of gift transferred by the department of transportation to an organ procurement organization is presumed to be a valid document of gift that establishes an anatomical gift for transplantation or therapy if all of the following apply: 1. The organ procuremen…

In this article, unless the context otherwise requires: 1. "Advertisement" means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food. 2. "Col…

The following acts and the causing thereof within the state of Arizona are prohibited: 1. The manufacture, sale, delivery, holding or offering for sale of any food that is known to be adulterated or misbranded. 2. The adulteration or misbranding of any food. 3. The receipt in com…

When the director determines that such action will promote honesty and fair dealing in the interest of consumers, the director shall promulgate regulations establishing for any food or class of food a reasonable definition and standard of identity, or reasonable standard of quali…

A. A food is adulterated if one or more of the following conditions exist: 1. It bears or contains any poisonous or deleterious substance which may render it injurious to health, but if the substance is not an added substance such food shall not be considered adulterated under th…

A. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive shall be deemed unsafe for the purpose of paragraphs 2, 3 and 13 of section 36-904, unless there is in effect a regulation pursua…

A food is misbranded if one or more of the following conditions exists: 1. Its labeling is false or misleading. 2. It is offered for sale under the name of another food with or without other descriptive words, or under any name which is likely to be misleading. 3. Its container i…

When a food is alleged to be misbranded because the labeling is misleading, or when an advertisement of a food is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be considered, among other things a…

A. The director and his designees having powers and duties under this article or the rules and regulations adopted pursuant to this article involving inspection of real or personal property, including any factory, warehouse, vehicle or establishment in which foods are manufacture…

The director may obtain such samples or specimens as he requires for the purpose of pure food control. The chief of the state laboratory shall make or cause to be made examinations of samples secured to determine whether any provision of this article is being violated.

A. When the director finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article as to be dangerous or fraudulent, he shall affix to such food or its container a tag or other appropriate marking, giving notice that such foo…

A. The director may make regulations to enforce the provisions of this article which shall conform insofar as practicable with those promulgated under the federal act. The director may adopt a manual of procedures governing his operation. B. All decisions rendered by the director…

The attorney general or the county attorney of the county in which the violation occurs to whom the director reports any violation of this article shall cause appropriate proceedings to be instituted in the proper court. Before any violation of this article is reported to any suc…

In addition to the remedies provided in this article, the director, with the assistance of the attorney general or of the county attorney of the county in which the violation occurs, may apply to the superior court for injunctive relief.

A. Any person who violates any of the provisions of section 36-902 is guilty of a class 2 misdemeanor. In the instance of a continuing violation, each day constitutes a separate offense. B. No person shall be subject to the penalties of subsection A of this section for having vio…

A. The director shall adopt enrichment standards governing the identity and quantity of vitamins and minerals to be added to flour produced from small grain, corn and soybeans, and for any food products containing twenty five per cent or more of flour produced from small grain, c…

A. A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization or to any other person is not liable for damages in any civil action for any injury or death due to the conditio…

The manufacturer, packager or retailer of a food product that is derived from cultivated cells shall place a label on the food product's packaging that states: "cell-cultivated" or "cell-cultured".

In this article, unless the context otherwise requires: 1. "Cottage food product": (a) Means a food that is prepared in a home kitchen by or under the direct supervision of an individual who is registered with the department and that either, as defined by the department in rule: …

A. Cottage food products must be packaged at home with an attached label in a clear and legible printed or handwritten font that does all of the following: 1. Clearly states the name and registration number of the food preparer. 2. Lists all the ingredients in the cottage food pr…

A. This article: 1. Is not more restrictive than the applicable federal laws. 2. Does not impede the department from investigating any reported foodborne illness. 3. Does not change the requirements for brand inspections, animal health inspections or any food inspections required…

In this article, unless the context otherwise requires: 1. "Kosher" means sanctioned by and prepared under the traditional Hebrew rules and requirements or dietary laws. The word "kosher" as used in this article shall not be construed to include the words "kosher style." 2. "Plac…

A. It is unlawful, with intent to defraud: 1. To sell, offer or expose for sale, by any method or in any form, any meat or meat product, food or food product, whether raw or prepared for human consumption, which in any manner or by any device is falsely represented or held out to…

A person violating a provision of this article is guilty of a class 1 misdemeanor.

In this article, unless the context otherwise requires: 1. "Bulk food" means unpackaged and unwrapped food in aggregate containers from which quantities are withdrawn by the consumer, excluding fresh fruits, fresh vegetables, nuts in the shell, rice, beans, food in salad bars and…

This article applies to any person who displays, sells or offers for sale at retail any bulk food.

A. Bulk food product modules shall be conspicuously labeled with the common name of the product, a list of ingredients in order of predominance and a declaration of artificial color or flavor and any chemical preservatives contained in the product. B. This section does not apply …

A. Bulk food and product modules shall be protected from contamination during display, customer self-service, refilling and storage. B. Each product module shall have a tight fitting lid that is kept in a closed position at all times except during stocking and customer service. C…

A. Bulk food may be dispensed by either: 1. Mechanical dispensing devices including gravity dispensers, pumps, extruders and augers. 2. Manual dispensing from lidded product modules using utensils including tongs, scoops, ladles and spatulas. B. A manual dispensing utensil shall …

A. Product modules and utensils shall be constructed of safe materials and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable and durable under conditions of normal use. Product modules and utensils shall not impart odors, color, taste or contamination to the fo…

A. Manual dispensing utensils shall be cleaned and sanitized at least daily, or at more frequent intervals based on the type of food and the amount of food particle accumulation or soiling. B. Product modules, lids and other equipment shall be cleaned before restocking, if soiled…

A sign at least ten inches by fourteen inches shall be conspicuously posted within the immediate display area directing customers for health reasons to use the utensils provided when serving themselves, not to handle the food directly and not to consume food on the premises.

If the director of the department of health services finds that a disease or foreign matter is actually transmitted by a method of dispensing bulk foods that is permitted under section 36-975, the director may adopt rules which prohibit the dispensing of bulk foods in a manner au…

Local governments shall not adopt standards governing persons, facilities or activities covered by this article which conflict with this article.

As used in this article unless the context otherwise requires: 1. "Dangerous, caustic or corrosive substance" means: (a) Hydrochloric acid or any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten per cent or more. (b) Sulphu…

No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange, in this state any dangerous, caustic or corrosive substance in a misbranded parcel, package or container designed for or suitable to household use.

A. All substances and containers which are misbranded as defined by this article shall, by order of the court, be condemned and ordered destroyed, sold or disposed of as the court directs. B. Proceeds from such sale less the actual costs, charges and expenses of seizure, holding …

A. The department of health services shall enforce the provisions of this article. The department may approve and register such brands and labels intended for use under the provisions of this article as are submitted which in its judgment conform to the requirements of this artic…

A person violating the provisions of this article is guilty of a class 3 misdemeanor.

The procurement, processing, distribution, or use of whole human blood, plasma, blood products and blood derivatives for the purpose of injecting or transfusing them into the human body shall be construed as to the transmission of serum hepatitis to be the rendition of a service …

A. The department of health services shall establish the Arizona poison control system consisting of the following two poison control centers: 1. The Arizona poison and drug information center. This center shall be located at and affiliated with the university of Arizona college …

The Arizona poison control system shall: 1. Maintain a comprehensive list of poison and drug information resources. 2. Furnish advisory services to health professionals on the toxicity of poisons, drugs and household chemical products and effective and safe treatment of poisoning…

The department of health services shall allocate to the poison and drug information center any monies appropriated to the department of health services for the center or the Arizona poison control system.

A. State agencies that contract directly with group homes or regional behavioral health authorities that, as part of their contracts with the department of health services, subcontract with group homes shall require in each contract awarded, renewed or amended the following minim…

A. The power to require or regulate a person's choice in the mode of securing lawful health care services, or to impose a penalty related to that choice, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to …