Title 3, Agriculture

In this article, unless the context otherwise requires: 1. "ALIRT agreement" means the Arizona livestock incident response team agreement established between the department and a university under the jurisdiction of the Arizona board of regents. 2. "Brand" means the term, design …

A. In addition to other duties imposed by law, the associate director of the division shall administer and enforce the provisions of this article under the supervision of the director. B. The salaries and expenses of travel and subsistence for employees who administer and enforce…

A. The associate director may refuse to license or may cancel the license of any distributor in violation 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 hearing: 1.…

A. The department may publish at such times and in such form as the director deems proper: 1. Information concerning the sale of commercial feeds and customer-formula feeds together with such data on their production and use as he may consider advisable, but the information conce…

A. The director, who may act through an authorized agent, shall sample, inspect, analyze and test commercial feeds and customer-formula feeds 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…

A. An inspection fee at the rate of fifteen cents per ton shall be paid to the department on commercial feeds distributed in this state by any person licensed pursuant to section 3-2609 subject to the following: 1. If more than one distributor is involved in the chain of distribu…

A. The commercial feed 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 shall be deposited in the trust fund. B. The director shall administ…

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 commercial feed.

A. No person may manufacture or distribute commercial feed in this state without a commercial feed license from the division, except that no license is required of persons distributing only: 1. Commercial feeds to licensed manufacturers for further manufacturing. 2. Packaged comm…

A. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information: 1. The net weight. 2. The product name and the brand name, if any, under which the commercial feed is distributed. 3. The guaranteed analysis, stated in such t…

A. A person shall not distribute adulterated commercial feed. B. A commercial feed is deemed to be adulterated if any of the following exists: 1. It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not …

A. Commercial feed and whole cottonseed that contain three hundred parts per billion of aflatoxin or less are not considered to be adulterated for purposes of feeding animals other than animals whose milk is intended for human consumption. B. Commercial feed and whole cottonseed …

A. With respect to the level of aflatoxin present, if the examination of labeling or the analysis of an official sample of any whole cottonseed, commercial feed or customer-formula feed shows mislabeling pursuant to section 3-2610 as determined by the director or adulteration pur…

No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed misbranded: 1. If its labeling is false or misleading in any particular. 2. If it is distributed under the name of another feed. 3. If it is not labeled as required in section 3…

If the director or an authorized agent has reasonable cause to believe a commercial feed or customer-formula feed is being distributed in violation of any of the provisions of this article or any of the rules adopted under this article, the director may issue and enforce a writte…

Any lot of commercial feed or customer-formula feed 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 feed is located. If the court finds the commercial fe…

A. If it appears from the examination of any whole cottonseed, commercial feed or customer-formula feed 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 enforce…

A. It is unlawful to sell, offer or expose for sale, chicken or hen food, commonly known as egg mash, unless each original container has attached thereto a plainly marked tag, not less than two and one-half by five inches in size, on which is distinctly printed the analysis, guar…

In this article, unless the context otherwise requires: 1. "Associate director" means the associate director of the animal services division of the Arizona department of agriculture. 2. "Garbage" means waste consisting in whole or in part of animal waste resulting from handling, …

The director shall adopt rules deemed necessary to carry out the purposes of this article, and the director or his authorized representative shall enforce the rules.

Upon determination that any person having a permit under this article, or who has applied for a permit hereunder has violated or failed to comply with any of the provisions of this article, or any of the rules adopted under this article, the associate director may revoke such per…

A. No person shall feed garbage to swine without first obtaining a permit from the associate director. All permits shall be renewed during January of each year. B. This article shall not apply to any person who feeds only his own household garbage to swine which are raised for hi…

Any person desiring to obtain a permit to feed garbage to swine shall make written application to the associate director in accordance with the requirements prescribed by the director. At the time of filing the application the applicant shall pay to the department a permit fee in…

Before removal of any swine from the premises where swine are fed on garbage, a permit shall be obtained from the state veterinarian or his authorized representative for the removal of the swine. A permit for the removal of dead swine which are to be processed by rendering shall …

All garbage, regardless of previous processing, shall before being fed to swine be thoroughly heated to at least two hundred twelve degrees Fahrenheit or the boiling point for at least thirty minutes, unless treated in some other manner which shall be approved in writing as being…

A. An authorized representative of the director may enter at any time upon any private or public property for the purpose of inspecting and investigating conditions relating to the treating of garbage to be fed to swine as required by this article. B. Any authorized representativ…

A person who violates any provision of this article, fails to perform any duty imposed by it or violates any rule or regulation promulgated thereunder is guilty of a class 2 misdemeanor. In addition, such person may be enjoined from continuing such violation. Each day the violati…

In this article, unless the context otherwise requires: 1. "Fresh meat" means meat of a horse, mule, ass, burro, cow, sheep or goat, and includes any product containing any such meat. 2. "Slaughterhouse" or "establishment" means a house or place in which horses, asses, mules, bur…

Fresh meat intended for use as food for animals and not inspected for human consumption shall be decharacterized by the addition of charcoal at the ratio of one pound of charcoal to each one hundred pounds of fresh meat, the charcoal being uniformly mixed throughout the fresh mea…

The associate director may inspect any establishment from which there is being sold or offered for sale any meat or meat food product intended for use as food for animals, and if found not decharacterized as provided in section 3-2692, the meat or meat food product may be condemn…

A. A person selling or offering for sale fresh meat intended for use as food for animals without complying with the provisions of this article is guilty of a class 2 misdemeanor. B. A person or operator of a slaughterhouse or establishment who violates any provision of this artic…

A. Any person, tallow company or rendering plant removing dead stock to its place of business shall make a report on a form provided by the department and pursuant to rules the director may prescribe to prevent the use of these animals or the products of these animals for human f…

In this chapter, unless the context otherwise requires: 1. "Aquaculture" or "aquaculture facility" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants. 2. "Aquat…

The associate director, with the approval of the director, may employ a supervisor of aquaculture. The supervisor shall: 1. Qualify by taking and filing the official oath of office. 2. Possess qualifications consistent with the responsibilities of his position, including: (a) A b…

The director may: 1. Regulate the transportation, possession, sale, processing and fee fishing of aquatic animals and plants and establish licensing categories and programs for these activities as provided by this article. 2. Adopt rules as necessary to administer and enforce thi…

The director shall adopt rules and guidelines to control the quality of and diseases in aquatic animals and plants. The rules may include: 1. Routine monitoring and diagnostic procedures. 2. Criteria for quarantine, condemnation or destruction requirements. 3. Waiting periods bet…

A. The department shall establish a schedule of periodic inspections of all licensed facilities to determine and verify compliance with this article and the rules adopted under this article. By applying for and obtaining a license under this article, the licensee is deemed to con…

A. The department may seize, hold, quarantine or dispose of any lot of aquatic products that enters, leaves or is transported in this state if the lot does not comply with this article, rules adopted under this article or federal statutes or rules. B. The owner of a lot of aquati…

A. A person may not engage in any of the following activities relating to aquaculture unless the person possesses a current valid license issued by the division: 1. Aquaculture facility activities, including selling, trading, displaying, purchasing, exporting, possessing, propaga…

A. The division may issue special aquaculture licenses for purposes of education and research institutional needs pursuant to rules adopted by the director. Special aquaculture licenses are not renewable and may be issued for not more than three year terms. B. The fee prescribed …

The Arizona department of agriculture shall prescribe restrictions on supply water and tailing water discharges from an aquaculture facility if the department or the game and fish department determines that the waters are detrimental to aquatic wildlife.

A person who removes aquatic animals or plants by any method from an aquaculture facility without the consent of the owner or manager of the facility is guilty of a class 1 misdemeanor.

A. If the associate director has reason to believe that a person is violating or has violated a provision of or rule adopted under this article or the conditions of a license issued under this article, the associate director shall give the person written notice by certified mail …

A. The director may assess a civil penalty in an amount not exceeding one hundred dollars per day of violation against any person who is determined pursuant to section 3-2911 to be in violation of this article, the rules adopted pursuant to this article or the terms and condition…

A. The aquaculture trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. The trust fund consists of revenues received from fees and all other sources under this article except civil pen…

In this article, unless the context otherwise requires: 1. "Assistant director" means the assistant director of the office of agricultural safety in the Arizona department of agriculture. 2. "De minimis violation" means a condition or practice which, although undesirable, has no …