Title 3 — Agriculture

The scope of this chapter is to regulate the safety and health of workers exposed to pesticides and any other safety and health issue not covered by the industrial commission by title 23, chapter 2, article 10 or any responsibilities required under the approved plan of the indust…

The director shall appoint a person as assistant director for the office of agricultural safety who, at the time of appointment: 1. Has been employed in the agricultural safety or health profession for at least two years and is currently engaged in the broad practice of safety or…

A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. B. Each employer shall comply with agricultural safety and …

The assistant director shall: 1. Administer this chapter. 2. Cooperate with the federal government to establish and maintain an agricultural safety and health program. 3. Propose to the director for adoption by the department standards and rules pursuant to section 3-3106, 3-3108…

The department shall adopt rules consistent with this section prescribing safe work practices for employees who mix, load, apply, store or otherwise handle pesticides for agricultural uses and for employees who are exposed to residues of these pesticides after application or pers…

A. The assistant director or his authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question employees and investigate conditions, practices or matters in connection with employment subject to this article at reasonable …

A. Safety and health standards and rules shall be formulated in the following manner: 1. The assistant director shall either propose adoption of national consensus standards or federal standards or draft such rules as he considers necessary after conducting sufficient investigati…

A. The department may provide for emergency temporary standards or rules to take immediate effect on filing with the secretary of state if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful o…

A. If the assistant director, after an inspection or investigation, determines that there is reasonable cause to believe that a violation exists the assistant director shall with reasonable promptness recommend to the director that a citation be issued to the employer. If the dir…

A. The assistant director may issue an advisory notice stating de minimis violations of standards and rules which carry no penalty, unless the employer or trainer wilfully and repeatedly violates the standard or rule, in which case the assistant director may refer the matter to t…

A. If the director, after an inspection or investigation, issues a citation pursuant to section 3-3110, the director shall notify the employer by mail, within a reasonable time after termination of the inspection or investigation, of any penalty proposed to be assessed pursuant t…

A. An employer who wilfully or repeatedly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article may be assessed a civil penalty of not more than ten thousand dollars for each…

A. In addition to penalties prescribed by section 3-3113, the director shall assess a penalty of twenty-five thousand dollars against an employer who is assessed a penalty under section 3-3113, subsection A for each employee injury resulting in permanent disability or death if th…

A. The superior court has jurisdiction on filing of a verified complaint by the director to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately o…

Notwithstanding any law to the contrary, neither the director nor his authorized representative is subject to civil liability for any acts or omissions in the course of any inspection or investigation for the department if he is acting in a reasonable manner, considering the acti…

The prohibitions, rights, remedies and procedures prescribed pursuant to section 23-425 apply to agricultural employment.

All information reported to or obtained by the department or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret is considered confidential for the purpose of this article, except that the i…

Any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any hearing officer under this article, regardless of the person's membership in the state bar.

The director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses are entitled to be paid the same fees and mileage paid witnesses in the courts of this state. If any person fails or refuses to obey such an order, the director…

A. The assistant director shall develop an agricultural safety education and training program utilizing visits to the workplace of employers to provide education and advice to employers. The visits: 1. May be conducted only on request by an employer for education and advice on th…

A. The assistant director shall develop a certification program for training persons who train employers and employees in agricultural health and safety standards as provided by section 3-3105. B. The assistant director may recommend to the director for the adoption of rules rela…

In this chapter, unless the context otherwise requires: 1. "Area A" has the same meaning prescribed in section 49-541. 2. "Area B" has the same meaning prescribed in section 49-541. 3. "Area C" means that portion of Pinal county lying west of range 11 east, excluding that portion…

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of such systems shall be used for all commercial purposes in the state. The definitions of basic units of weight a…

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state reference standards of weights and measures and shall b…

The specifications, tolerances and other technical requirements for commercial devices as adopted by the national conference on weights and measures and published in national institute of standards and technology handbook 44, "specifications, tolerances, and other technical requi…

A. The division shall: 1. Maintain custody of the state reference standards of weights and measures that are traceable to the United States prototype standards and that are supplied to the states by the federal government or that are otherwise approved as being satisfactory by th…

A. When necessary for the enforcement of this chapter and rules adopted pursuant to this chapter, the associate director or the associate director's agents and inspectors shall: 1. Enter any commercial, nonprofit business or governmental premises during normal operating hours, ex…

A. The associate director shall establish and operate within the division the state metrology laboratory. B. A commercial device shall not be approved for use in the state unless the design and construction comply with national institute of standards and technology requirements. …

The associate director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected in the state general fund.

One hundred eighty days after the final disposition of an investigation and any ensuing enforcement action, the division may destroy those weights, measures or devices that are seized pursuant to section 3-3414 or 3-3415 or transfer the items to the department of administration f…

The associate director may develop and implement the following training programs: 1. A consultation and training program for entities regulated under this chapter that uses on-site visits, training and educational materials, and informational presentations to provide training and…

A. A person shall not sell or offer or expose for sale less than the quantity the person represents. B. As a buyer, a person shall not take any more than the quantity the person represents when the person furnishes the weight or measure by means of which the quantity is determine…

For the purpose of any sale, offer to sell, delivery or consignment of motor fuel in a quantity of five thousand gallons or more, the volume of the motor fuel for the purposes of calculating the price of the motor fuel is considered to be the volume that the quantity of the motor…

A. Except as provided in section 3-3434 and subsections C, D, E, F, G and K of this section, a retail seller or fleet owner shall not store, sell or expose or offer for sale any motor fuel, kerosene, oil or other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of l…

A. Except as provided in subsections C and D of this section, after May 31, 2008, a retail seller or fleet owner shall not store, sell or expose or offer for sale in area C any motor fuel, kerosene, oil or other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of lu…

A person shall not sell or offer or expose for sale any motor fuel if the temperature of the motor fuel has been changed by any type of a heating device.

A. A retail seller may equip all nozzles from which motor fuel is dispensed with an operating hold-open latch. B. From and after September 30, 2018, all retail diesel fuel dispensers shall be equipped with nozzles that have green grip guards and all retail ethanol flex fuels shal…

A. Engine coolant or antifreeze that is sold in this state on or after January 1, 2008, that is manufactured on or after September 1, 2007 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million and a maxi…

A. A person shall not use a commercial device unless the device is licensed or certified as provided in this chapter. B. A license shall be obtained annually from the division on forms prescribed and furnished by the division. The fee prescribed in this chapter shall be submitted…

A. The following fees shall be paid to the division as license fees for devices used for commercial purposes: Schedules of Fees 1. Weighing devices: 0 - 500 pounds capacity (or metric equivalent) $ 12.00 501 - 2,000 pounds capacity 18.00 2,001 - 7,500 pounds capacity 36.00 7,501 …

A. A person shall not serve as a public weighmaster or deputy weighmaster unless the person is issued a public weighmaster or deputy weighmaster license by the division in accordance with practices and procedures to be established by the associate director. An applicant for a pub…

A. A person shall not operate as a registered service agency or as a registered service representative until a license is issued as provided in this section. B. An applicant for a registered service agency license shall: 1. Submit application information satisfactory to the divis…

A. When any commercial device specified in this chapter is in commercial use and a valid license for the device has not been procured by the owner, the owner's agent or the operator of the device, the division, after giving notice of the licensing requirements to the owner, the o…

A. Except as otherwise provided by this section, any proceeding to revoke or suspend a license issued pursuant to this chapter shall be conducted in accordance with title 41, chapter 6, article 10. B. The associate director may initiate proceedings for revocation or suspension of…

A. A person is guilty of a class 1 misdemeanor who: 1. Knowingly hinders, interferes with or obstructs in any way the associate director or any of the associate director's agents or inspectors in entering the premises where a commercial device may be kept for inspecting or testin…

When a weight, measure, meter, counter or commercial device is in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that the weight, measure, meter, counter or commercial device is regularly used for the bu…

A. A person who violates this chapter, any rule of the division or any license requirement is subject to a civil penalty imposed by the associate director. B. A person who violates this chapter, any rule of the division or any license requirement may request an informal or formal…

In addition to any other penalty, if a civil penalty or any fee due pursuant to this chapter has not been paid thirty days after the due date, the civil penalty or fee is delinquent and the division may refuse to issue a license or may revoke a license pursuant to this chapter un…

A. From and after September 30 through March 31 of each year, in a county with a population of one million two hundred thousand or more persons and in any portion of a county contained in area A, blends of gasoline with ethanol shall not exceed the volatility requirements prescri…

A. From and after November 1 through March 31 of each year: 1. All gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within a county with a population of one million two hundred thousand or more persons and a…