3-231. Definitions 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 crops and any other kinds of seeds […]
3-232. Enforcement of article 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 extent he deems necessary to determine whether […]
3-233. Powers and duties; fees; penalty 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 during […]
3-234. Seed law trust fund 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 administer the trust fund as trustee. […]
3-235. Seed dealer and labeler licenses; fee; exception 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 from the […]
3-236. Retention of invoices and records 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 […]
3-237. Label requirements; rules 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. Germination. 2. Purity. 3. Noxious weed content. 4. Precautionary statements the […]
3-238. Cease and desist order; appeal 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 sale, […]
3-239. Seizure and disposition of noncomplying seed 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 […]
3-240. Prosecutions; classification; publication of results; injunction 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 […]
3-241. Exemptions; exceptions 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 accompanying any shipment of such […]
3-242. Violations; civil penalties 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 the evidence: 1. To […]
3-243. Seed labeling regulation; state preemption 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.
