3-361. Definitions In this article, unless the context otherwise requires: 1. " Associate director" means the associate director of the division. 2. " De minimis violation" means a violation which, although undesirable, has no direct or immediate relationship to safety, health or property damage. Repeated de minimis violations constitute a nonserious violation. 3. " Division" […]
3-362. Powers and duties A. The director is responsible for administering this article and shall: 1. Conduct investigations, on complaint and on his own initiative, regarding violations of this article and compile information necessary to administer this article. 2. Take timely action necessary to enforce this article against violators including seeking injunctive relief and other […]
3-363. Rules The director shall adopt rules to regulate pesticides that include provisions to: 1. Administer and implement this article. 2. Prescribe measures to control, monitor, inspect and govern pesticide use. 3. Prohibit or restrict pesticide use. 4. Restrict the areas in which pesticide use may occur. 5. Prescribe minimum qualifications for all persons who […]
3-363.01. Reporting requirements; interagency agreement A. The director of the Arizona department of agriculture may enter into an interagency agreement with the department of environmental quality to allow the director to collect the pesticide reports required pursuant to section 49-305, subsection B. B. Rules adopted by the director pursuant to section 3-363, paragraph 6 shall […]
3-364. Inspection powers; notice A. The director may enter at reasonable times into or on or through any public or private property for the purpose of ascertaining compliance or noncompliance with any rules or orders adopted or issued under this article. If practicable, and if notice will not inhibit the director’s ability to enforce this […]
3-365. Buffer zones A. The odoriferous pesticides profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics shall not be applied within one-fourth mile of a school, child care facility, a health care institution that meets the requirements of section 36-421, subsection D, a child care group home as defined by section 36-897 […]
3-366. Pesticide management areas A. The director shall designate pesticide management areas. Pesticide management areas may be urban areas that are adjacent to farmlands and have a history of concerns known by the department regarding nearby aerial pesticide applications. The director may adopt rules for designating pesticide management areas. B. If possible at least twenty-four […]
3-367. Private right of action A. Except as provided in subsection B of this section, any person having an interest that is or may be adversely affected may commence a civil action in superior court on the person s own behalf: 1. Against any person, including this state and any political subdivision of this state, […]
3-367.01. Report of loss, damage or nonperformance; effect of failure to file A. A person suffering loss, damage or nonperformance on any agricultural, ornamental or silvicultural crop resulting from the use or application by others of a pesticide or a method or device for applying pesticides shall file with the department and with the person […]
3-367.02. Notification by beekeepers of bees located in a commercial agricultural area A. Before locating bees on an apiary site, the owner of the bees shall obtain the landowner’s or lessee’s permission and notify in writing persons engaged in commercial agriculture on whose land the bees may forage. The notice shall include the beekeeper’s address […]
3-368. Enforcement; consultation with attorney general; citations and notices of violation A. The director is responsible for enforcing this article and shall receive and shall promptly and efficiently process all complaints regarding pesticide use. The director shall furnish to the attorney general a copy of each complaint filed under this article and copies of all […]
3-370. Civil penalty; criminal violation; classification A. A person who, after a hearing, is found to have caused a nonserious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension, revocation, nonrenewal or denial of a permit, license or certification. […]
3-371. Cease and desist order The director of the Arizona department of agriculture or the director of the department of health services may issue a cease and desist order for not to exceed twenty-four hours, or until an administrative hearing is held, to terminate the application of pesticides if either or both find that an […]
3-372. Emergency use of pesticides During a time when a person’s license, permit, certificate or registration is under suspension or revocation or an order has been issued, a person requiring the application of a pesticide may apply to the director for emergency relief. If the director determines that an emergency exists which requires an application […]
3-373. Annual pesticide report The associate director shall submit an annual report to the director, the governor and the legislature on or before October 1 each year containing the following information for the preceding fiscal year relating to the division’s activities under this article: 1. The number of full-time employee positions in the division that […]
3-374. Availability of information to the public A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the department, shall be available to the public, except that the information, or a particular part of the information, shall be considered confidential on either: 1. […]
3-375. Preservation of rights This article shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law, criminal or civil, nor shall any provision of this article, or any act done by virtue of this article, be construed so as to estop any person, this state […]
3-376. Discrimination prohibited A. No person may intimidate, threaten, restrain, coerce, blacklist, discharge or in any manner discriminate against any person because that person has filed a complaint or instituted, or caused to be instituted, a proceeding under this article or has testified or is about to testify in such a proceeding or has exercised, […]
3-377. Local regulation The provisions of this article and the rules which implement this article are of statewide concern and are not subject to further local regulation.
