Title 36 — Public Health and Safety

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…

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: (i) Is not potentially hazardous or does not require tim…

1. Clearly states the name and registration number of the food preparer. 2. Lists all the ingredients in the cottage food product and the cottage food product's production date. 3. Includes the following statement: "This product was produced in a home kitchen that may come in con…

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 by state or fede…

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…

B. It is the public policy of this state, consistent with all constitutionally enumerated rights, as well as those rights otherwise retained by the people, that every person in this state may choose or decline to choose any mode of securing lawful health care services without pen…

In this article, unless the context otherwise requires: 1. "Area of operation" includes all the territory of a city, town or county. 2. "Authority", "public housing authority", "public agency" or "housing authority" means an agency of a city, town or county created and controlled…

A. It is declared that: 1. Unsanitary or unsafe dwelling accommodations exist in the various cities, towns and counties of the state and that persons of low income are required to reside in such unsanitary or unsafe accommodations. 2. Within these cities, towns and counties there…

A. Every public housing authority, city, town and county, in addition to other powers conferred by this article, may: 1. Within its area of operation prepare, carry out, acquire, purchase, lease, construct, reconstruct, improve, alter, extend or repair any housing project or proj…

A. Every city, town or county, in addition to other powers conferred by this article, may, by proper resolution of its governing body, create as an agent of that city, town or county a housing authority of the city, town or county. The city, town or county may delegate to that au…

A. A commissioner may be removed by the mayor or board of supervisors for inefficiency, neglect of duty or misconduct in office. The commissioner shall be removed only after he has been given a copy of the charges at least ten days prior to the hearing and has had an opportunity …

A. An officer of a public housing authority, city, town or county shall not acquire any direct or indirect interest in a housing project or in property included or planned to be included in a housing project of the public housing authority, city, town or county or have any direct…

A. A city, town or county may acquire by the exercise of eminent domain any real property which it deems necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described is necessary for such purp…

It is the policy of the state that each public housing authority, city, town or county shall manage and operate its housing projects in an efficient manner to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decen…

A. In the operation or management of housing projects a public housing authority, city, town or county shall at all times observe the following duties with respect to rentals and tenant selection: 1. Unless the commissioners have determined that a mixed income project is in the c…

A. Notwithstanding any other statute, a public agency which owns, operates, manages or contracts for rental housing accommodations shall not prohibit elderly tenants or tenants with disabilities from keeping pets in their dwelling units. B. This section does not prevent a public …

A. A public housing authority, city, town or county may issue bonds from time to time to finance in whole or in part the cost of the preparation, acquisition, purchase, lease, construction, reconstruction, improvement, alteration, extension or repair of a project or undertaking a…

A. Bonds of a public housing authority, city, town or county issued under this article shall be authorized by resolution of the governing body of the respective city, town or county. Such bonds may be issued in any one or more series, shall bear such date or dates, mature at such…

In connection with the issuance of bonds pursuant to this article, or the incurring of obligations under leases made pursuant to this article, and in order to secure the payment of the bonds or obligations, a public housing authority, city, town or county may: 1. Pledge all or an…

This article, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds authorized by this article. No other law with regard to the authorization or issuance of obligations that requires a bond election or in any…

A. A public housing authority, city, town or county may submit to the attorney general any bonds to be issued under this article after all proceedings for issuance of the bonds have been taken. On submission of the proceedings to the attorney general, the attorney general shall e…

A. The bonds or other obligations of a public housing authority, city, town or county issued for a housing project under the authority of this article or other law of this state, or issued by any public housing authority or agency of the United States, and secured by a pledge of …