3-481. Definitions In this article, unless the context otherwise requires: 1. " Associate director" means the associate director of the division. 2. " Bulk lot" means fresh fruit or vegetables that are not contained in a box, carton, crate or lug but may be contained in a bin or a similar container and are set […]
3-483. Associate director; qualifications A. The associate director, as appointed and authorized by the director, shall administer and enforce this article and articles 2, 4.1 and 4.3 of this chapter and rules adopted pursuant to those articles. The director may delegate to the associate director any of the director’s administrative responsibilities, powers or duties as […]
3-484. Deputies and clerks; compensation; expenses A. The compensation of the associate director shall be as determined pursuant to section 38-611. The associate director, with the approval of the director, shall fix the duties of each deputy and clerk. Compensation of the deputies and clerks shall be as determined pursuant to section 38-611. B. The […]
3-485. Relationship of standardization and marketing order programs A. Citrus, fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing agreements. B. The associate director may perform inspections and collect assessments and other monies on behalf of a marketing commission or marketing committee […]
3-486. Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh fruit or vegetables are produced, stored, packed or delivered for shipment, are transported or are offered for sale and inspect representative samples of the fresh […]
3-487. Rulemaking; definition A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules not in conflict with this article, as the associate director deems necessary to carry out this article. B. On recommendation of the associate director, the director shall prescribe: 1. Standards and grades for fruit and vegetables […]
3-488. Confidentiality of records; inspection of records A. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed and notarized release to the associate director or the associate director’s agent, a person may receive individual totals of commodities shipped by the shipper. […]
3-489. Requests for inspection by unlicensed or unregistered persons; fees A. A person who is not licensed under article 2 of this chapter or this article and who requests inspection of citrus, fruit, vegetables or nuts shall pay a fee to the citrus, fruit and vegetable trust fund. The associate director shall set the amount […]
3-490. Unlawful possession; inspection; proof of ownership; seizure; exceptions A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of fruit or vegetables that are regulated pursuant to this article are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in […]
3-491. Exemption from fruit or vegetable standardization; definitions A. The associate director shall exempt any fruit or vegetable commodity from all rules established pursuant to section 3-487, subsection B, paragraphs 1 through 5 and shall exempt the collection of assessments for the commodity subject to this article if the exemption is supported by at least […]
3-492. Licensing dealers and shippers; application; fees; penalty A. A person may not act as a dealer or shipper without first obtaining a license as provided in this article. Application for the license shall be filed with the associate director and accompanied by a license fee determined according to the annual gross sales based on […]
3-494. Denial or revocation of license; hearing A. In determining whether to refuse to issue a license, the associate director shall consider: 1. The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation. 2. The financial condition of the applicant as of the […]
3-496. List of licensees; display of license A. The associate director may publish a pamphlet containing a list of all licensed dealers and shippers and the rules pertaining to the enforcement of this article. B. Each licensed dealer and shipper shall keep the license in the dealer’s or shipper’s office or at the dealer’s or […]
3-497. Adopting new or revised standards; exception A. Ten or ten percent of the producers or shippers of a fruit or vegetable, whichever is less, may petition the associate director to adopt a standard. B. Ten or ten percent, whichever is less, of the producers or shippers of a fruit or vegetable for which a […]
3-498. Appeals from inspection; fee A. If the owner, or the owner’s agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards and other rules adopted pursuant to this article, the owner or agent may request […]
3-499. Shipping point and terminal market inspections; fees; Arizona federal-state inspection fund A. The department may: 1. Conduct shipping point and terminal market inspections of fresh fruit, vegetables and other products pursuant to one or more cooperative agreements with the United States department of agriculture. 2. Establish and collect inspection fees for work performed under […]
3-518. Exempt transactions This article shall not prevent: 1. A producer of fruit or vegetables in the state from selling or delivering his products unpacked and unmarked in bulk to a packer in this state for grading, packing or storage. 2. A producer or packer from manufacturing the products into a by-product. 3. A producer […]
3-519. Rejection by carriers A. A person may decline to ship, transport or accept for shipment any fruit or vegetable within the meaning of this article when notified by an inspector that the products delivered for shipment violate this article or rules adopted pursuant to this article. B. The person may reserve the right in […]
3-520. Wrongful performance of duty by inspector; improper influence; classification A. An inspector is guilty of a class 1 misdemeanor who: 1. Knowingly makes a wrong or improper inspection of a fruit or vegetable product. 2. Knowingly and improperly certifies that the grade, quality or condition of a fruit or vegetable product does or does […]
3-521. Civil penalties; hearing A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following: 1. Acts as a dealer or shipper without a valid license. 2. Knowingly falsifies or causes to be falsified information in a record intended to show proof […]
