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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Agriculture
Chapter : AGRICULTURAL ADMINISTRATION
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3-101 Definitions
In this title, unless the context otherwise requires:
1. "Department" means the ARIZONA department of agriculture.
2. "Director" means the director of the department.
3-102 Department organization
A. The ARIZONA department of agriculture is established consisting of the following
divisions:
1. The animal services division, which is responsible for milk, dairy, livestock
and aquaculture regulation, the state veterinarian, meat, poultry and egg inspection and
performing the administrative functions authorized or contracted pursuant to law for the
ARIZONA beef council.
2. The plant services division, which is responsible for the fruit and vegetable
standardization program and entomological services.
3. The environmental services division, which is responsible for regulating seed,
feed and agricultural chemicals, including pesticides and fertilizers, and for native
plant protection.
B. The following are established in addition to and separate from the divisions of
the department:
1. A state agricultural laboratory.
2. An office of agriculture safety.
3. An office of inspections.
4. An office of commodity development and promotion.
C. The department shall have a central administrative service office providing:
1. Data processing, accounting and budgeting, records management, publications,
property control and personnel services and training.
2. A program to cross-train appropriate personnel to enable them to perform similar
functions or comparable work for different administrative units in the department. 3-103 Director; search committee;qualifications; deputy director and associate and assistantdirectors; legal counsel
A. The governor shall appoint a director of the department pursuant to section
38-211 to serve at the pleasure of the governor.
B. The qualifications of candidates for appointment as director shall be reviewed
by a committee of five persons selected by the governor. Two of the members of the
committee must be actively engaged in animal production, two members must be actively
engaged in plant production and one member must be actively engaged in agribusiness, as
their major sources of income. No two members may be residents of the same county. The
committee shall submit the names of the most qualified candidates to the governor for his
selection. The governor may request additional names from the committee if he deems it
necessary. A new committee shall be appointed for each vacancy in the position of
director.
C. The director must have at least a baccalaureate degree from an accredited
college or university and five years of management experience in agriculture business or
agriculture production plus experience in one or more of the following:
1. Business management.
2. Public administration.
3. Personnel management.
4. Law.
D. The director shall appoint:
1. A deputy director of the department who shall also supervise the central
administrative service office.
2. An associate director for each division of the department.
3. An assistant director for each office established under section 3-102,
subsection B.
E. The director is eligible for compensation as determined under section
38-611. The director, deputy director and associate and assistant directors are exempt
from title 41, chapter 4, articles 5 and 6 relating to state service, and the deputy
director and associate and assistant directors serve at the pleasure of the director. If
a vacancy occurs in the office of deputy director or an associate or assistant director,
the director may appoint any officer or employee of the department, or may serve himself,
as acting deputy or associate or assistant director pending appointment of a permanent
replacement.
F. The director may employ legal counsel to advise him, represent the department in
connection with legal matters before other departments and agencies of this state and
represent the department and this state in litigation concerning affairs of the
department. Legal counsel is exempt from title 41, chapter 4, articles 5 and 6 relating
to state service and serves at the pleasure of the director.
3-104 Advisory council
A. The governor shall appoint a department of agriculture advisory council
consisting of five members appointed to terms of five years. A member may continue to
serve until his successor is appointed and assumes office. A member may not be appointed
to more than one full term plus appointment to fill a vacancy for the remainder of the
unexpired term.
B. The advisory council consists of the following:
1. Two members actively engaged in animal production as their major sources of
income.
2. Two members actively engaged in plant production as their major sources of
income.
3. One member actively engaged in agribusiness as his major source of income.
C. The governor may remove a member for cause. In addition, a member vacates his
office if he:
1. Ceases to engage in his qualifying occupation.
2. No longer resides in this state.
3. Is absent without excuse from three consecutive regular meetings of the council.
4. Resigns, dies or becomes unable to perform his duties as a council member.
D. Members of the advisory council are not eligible for compensation but are
eligible for reimbursement as provided by law for travel and other expenses. The
advisory council is a public body for purposes of title 38, chapter 3, article 3.1.
E. The advisory council shall:
1. Select a chairman and vice-chairman from among its members.
2. Hold a regular meeting every calendar quarter and additional meetings at the
call of the director, the chairman or a majority of its members.
F. The advisory council shall review agricultural policy in this state as
established by law and as administered in all functional areas of the department. The
advisory council shall assist the director in formulating administrative rules for the
department and formulating the department's proposed budget allocations among the
administrative units of the department and shall provide such additional assistance as
the director requests. The advisory council shall review, advise and make
recommendations to the director on proposed rules before they are adopted by the director
and may recommend initiating the rule making process relating to any subject under the
department's jurisdiction. In adopting departmental rules and budgets, the director
shall include the comments of the advisory council in the official record. In adopting
rules the director shall accept the recommendations of the advisory council if the
director finds them to be practicable and in the best interests of ARIZONA agriculture
and of the public. The director shall provide a written statement of reasons to the
advisory council within fifteen days if the director does not accept the advisory
council's recommendations.
G. The advisory council may conduct periodic analyses of departmental policy as
reflected by:
1. Decisions of hearing officers and the director on appeals of hearing officers'
decisions.
2. The operations of the state agricultural laboratory, the office of agriculture
safety and the office of border inspections.
3-105 Division council
A. The director may appoint a division council within any division of the
department, and shall appoint an animal services division council, consisting of
representatives of the various industries and commodities regulated by that
division. Any such organization may request representation on the division council, but
the actual appointments to the division council are at the discretion of the director.
B. Members shall serve two-year terms of office which are staggered among the
members. Members of division councils serve without compensation but are eligible for
reimbursement for travel and other expenses as provided by law. Each division council
shall select a chairman and vice-chairman from among its members. Division councils are
public bodies for purposes of title 38, chapter 3, article 3.1. The division council
shall assist and make recommendations to the associate director of the division regarding
the administration and implementation of the various programs within the division. The
associate director shall make a written response to the division council within fifteen
days to each formal recommendation made by the council.
3-106 Advisory committees
A. The director or, by delegation, the associate director of a division may appoint
ad hoc advisory committees to consider, assist and make recommendations to the associate
director or division council on any issue under the division's jurisdiction. The
director or, by delegation, the deputy director may appoint ad hoc advisory committees to
consider, assist and make recommendations to the deputy director on any issue relating to
the state agricultural laboratory, the office of agricultural safety or the office of
inspections.
B. Any agriculture related organization may request the formation of and
representation on an advisory committee, and an associate director may request the
formation of and nominate advisory committee members to the director, but the actual
appointments to the advisory committee are at the discretion and pleasure of the
director. Members of advisory committees shall serve without compensation but are
eligible for reimbursement for travel and other expenses as provided by law. Advisory
committees are public bodies for purposes of title 38, chapter 3, article 3.1.
C. The director shall assign the subjects, conditions, terms of appointments and
deadlines for advisory committees to complete their work and may provide for the
termination or indefinite continuation of any advisory committee. The associate
director, or deputy director, as appropriate, shall make a written response to the
advisory committee within fifteen days to each formal recommendation made by the advisory
committee.
3-107 Organizational and administrative powersand duties of the director
A. The director shall:
1. Formulate the program and policies of the department and adopt administrative
rules to effect its program and policies.
2. Ensure coordination and cooperation in the department in order to achieve a
unified policy of administering and executing its responsibilities.
3. Subject to section 35-149, accept, expend and account for gifts, grants, devises
and other contributions of money or property from any public or private source, including
the federal government. All contributions shall be included in the annual report under
paragraph 6 of this subsection. Monies received under this paragraph shall be deposited,
pursuant to sections 35-146 and 35-147, in special funds for the purpose specified, which
are exempt from section 35-190 relating to lapsing of appropriations.
4. Contract and enter into interagency and intergovernmental agreements pursuant to
title 11, chapter 7, article 3 with any private party or public agency.
5. Administer oaths to witnesses and issue and direct the service of subpoenas
requiring witnesses to attend and testify at or requiring the production of evidence in
hearings, investigations and other proceedings.
6. Not later than September 30 each year issue a report to the governor and the
legislature of the department's activities during the preceding fiscal year. The report
may recommend statutory changes to improve the department's ability to achieve the
purposes and policies established by law. The director shall provide a copy of the report
to the ARIZONA state library, archives and public records.
7. Establish, equip and maintain a central office in Phoenix and field offices as
the director deems necessary.
8. Sign all vouchers to expend money under this title, which shall be paid as other
claims against this state out of the appropriations to the department.
9. Coordinate agricultural education efforts to foster an understanding of ARIZONA
agriculture and to promote a more efficient cooperation and understanding among
agricultural educators, producers, dealers, buyers, mass media and the consuming public
to stimulate the production, consumption and marketing of ARIZONA agricultural products.
10. Employ staff and terminate employment for cause as provided by title 41, chapter
4, article 5.
11. Conduct hearings on appeals of the portion of plow-up refunds withheld as a
penalty pursuant to criteria adopted pursuant to section 3-1087, subsection B. The
director may adopt rules to implement this paragraph.
12. Cooperate with the ARIZONA-Mexico commission in the governor's office and with
researchers at universities in this state to collect data and conduct projects in the
United States and Mexico on issues that are within the scope of the department's duties
and that relate to quality of life, trade and economic development in this state in a
manner that will help the ARIZONA-Mexico commission to assess and enhance the economic
competitiveness of this state and of the ARIZONA-Mexico region.
B. The director may:
1. Authorize in writing any qualified officer or employee in the department to
perform any act that the director is authorized or required to do by law.
2. Construct and operate border inspection stations or other necessary facilities
in this state and cooperate by joint agreement with an adjoining state in constructing
and operating border inspection stations or other facilities within the boundaries of
this state or of the adjoining state.
3. Cooperate with agencies of the United States and other states and other agencies
of this state and enter into agreements in developing and administering state and federal
agricultural programs regarding the use of department officers, inspectors or other
resources in this state, in other states or in other countries.
4. Cooperate with the office of tourism in distributing ARIZONA tourist
information.
5. Enter into compliance agreements with any person, state or regulatory agency.
For the purposes of this paragraph, "compliance agreement" means any written agreement or
permit between a person and the department for the purpose of enforcing the department's
requirements.
6. Abate, suppress, control, regulate, seize, quarantine or destroy any
agricultural product or foodstuff that is adulterated or contaminated as the result of an
accident at a commercial nuclear generating station as defined in section 26-301,
paragraph 1. A person owning an agricultural product or foodstuff that has been subject
to this paragraph may request a hearing pursuant to title 41, chapter 6, article 10.
7. Engage in joint venture activities with businesses and commodity groups that are
specifically designed to further the mission of the department, that comply with the
constitution and laws of the United States and that do not compete with private
enterprise.
8. Sell, exchange or otherwise dispose of personal property labeled with the
"ARIZONA grown" trademark. Revenues received pursuant to this paragraph shall be credited
to the commodity promotion fund established by section 3-109.02. 3-108 Administrative support fund; use;exemption
A. A department of agriculture administrative support fund is established. All
monies collected pursuant to any interagency agreement with the department pursuant to
section 3-554, subsection A, section 3-588, subsection A and section 3-1084, subsection A
shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.
B. All monies collected pursuant to any interagency agreement with the department
in accordance with section 3-468.03, subsection A and section 3-526.03, subsection A
shall be deposited in the fund or deposited in the citrus, fruit and vegetable revolving
fund established by section 3-447 pursuant to the terms of the interagency agreement.
Deposits shall be made pursuant to sections 35-146 and 35-147.
C. Monies in the fund are continuously appropriated and exempt from the provisions
of section 35-190 relating to lapsing of appropriations.
3-109.01 Agricultural consulting and training program
A. The director shall develop and implement an agricultural consulting and training
program using on-site visits to establishments that are regulated under this title and
title 5, chapter 1 to consult with and advise the establishment's owner, operator, lessee
or independent contractor. The visits shall be:
1. Conducted only at the request of the owner, operator, lessee or independent
contractor for consultation and advice on interpreting, applying or possible alternative
methods of complying with statutes, rules, regulations or standards or other matters
relating to compliance with either the requirements of this title and rules adopted
pursuant to this title or the requirements of section 5-104 or 5-106 and rules adopted
pursuant to those sections.
2. Limited to matters stated in the request.
B. After evaluating the request, if the director determines that an alternative
means of providing consultation is more appropriate and equally effective, the director
may provide the alternative means rather than the requested consultation.
C. The director shall make recommendations regarding solutions to matters within
the scope of the consultation.
D. An on-site visit pursuant to this section is not an inspection or investigation
for purposes of any provision of this title. No citation, violation or penalty may be
issued, proposed or imposed resulting from or based on such a visit unless the visit
discloses a violation causing imminent danger.
3-109.02 Office of commodity development and promotion; fees; commodity promotion fund; definition
A. The office of commodity development and promotion shall provide for programs to
stimulate, educate, encourage and foster the production and consumption of ARIZONA
agricultural products domestically and abroad.
B. The office may provide authorized or contracted administrative functions for
councils and commissions established by law.
C. The director may collect a fee, which the director shall establish by rule, for
the issuance of certificates of free sale. The amount of the fee shall not exceed the
actual cost of preparing the certificate of free sale. All monies collected from the
fees shall be deposited, pursuant to sections 35-146 and 35-147, in the commodity
promotion fund.
D. The commodity promotion fund is established. The fund consists of all monies
collected pursuant to any promotional service provided to industry under this section and
not supported by general fund appropriation, and monies received pursuant to section
3-107, subsection B, paragraph 8. The director shall administer the fund. On notice from
the director, the state treasurer shall invest and divest monies in the fund as provided
by section 35-313, and monies earned from investment shall be credited to the
fund. Monies in the fund are:
1. Continuously appropriated to the department for the purposes of this section.
2. Exempt from the provisions of section 35-190 relating to lapsing of
appropriations.
E. For the purposes of this section, "certificate of free sale" means a document
that authenticates a commodity that is generally and freely sold in domestic channels of
trade. 3-109 Unlawful influence;classification
A. An officer, inspector or other employee of this state authorized to perform any
of the duties prescribed by this title who knowingly accepts any money, gift or other
thing of value from any person, firm or corporation or their officers, agents or
employees given with intent to influence his official action is guilty of a class 4
felony.
B. Any person, firm or corporation or any agent or employee of any person, firm or
corporation who knowingly gives, pays or offers, directly or indirectly, to any officer,
inspector or other employee of this state who is authorized to perform any of the duties
prescribed by this title or by the rules adopted under this title any money or other
thing of value with intent to influence the officer, inspector or employee in the
discharge of any duty provided for by this title is guilty of a class 4 felony.
3-111 Definitions
In this chapter, unless the context otherwise requires:
1. "Agricultural operations" means all activities by the owner, lessee, agent,
independent contractor and supplier conducted on any facility for the production of
crops, livestock, poultry, livestock products or poultry products.
2. "Farmland" means land devoted primarily to the production for commercial
purposes of livestock or agricultural commodities.
3-112 Agricultural operations; nuisanceliability
A. Agricultural operations conducted on farmland that are consistent with good
agricultural practices and established prior to surrounding nonagricultural uses are
presumed to be reasonable and do not constitute a nuisance unless the agricultural
operation has a substantial adverse effect on the public health and safety.
B. Agricultural operations undertaken in conformity with federal, state and local
laws and regulations are presumed to be good agricultural practice and not adversely
affecting the public health and safety.
3-113 Action for false claims againstperishable agricultural food product; limitation;definitions
A. A producer, shipper, or an association that represents producers or shippers, of
perishable agricultural food products that suffers damages as a result of malicious
public dissemination of false information that the food product is not safe for human
consumption may bring an action for damages and for any other appropriate relief,
including compensatory and punitive damages, in a court of competent jurisdiction.
B. A person who intentionally disseminates false information to the public that a
perishable agricultural food product is not safe for human consumption for the purpose of
harming a producer or shipper is liable for damages determined under subsection A.
C. In any action brought under this section the court may award the successful
party court costs and reasonable attorney fees.
D. An action under this section shall be commenced within two years after the false
information is disseminated.
E. For purposes of this section:
1. "False information" means information that is not based on reliable scientific
facts and reliable scientific data and that the disseminator knows or should have known
to be false.
2. "Perishable agricultural food product" means any agricultural or aquacultural
food product or commodity that is grown or produced in this state and that is sold or
distributed in a form that will perish or decay within a reasonable period of time.
3. "Producer" means the person who grows or produces perishable agricultural food
products.
4. "Shipper" means a person who ships, transports, sells or markets perishable
agricultural food products under the person's registered trademark or label or a person
who first markets the perishable agricultural food product on behalf of the producer.
3-114 Liability for unauthorized destruction offield crop product; damages; definition
A. A person who knowingly damages, destroys or removes any legal crop or crop
product that is grown for commercial purposes or for testing or research purposes in the
context of a product development program in conjunction or coordination with a private
research facility, a university or a federal, state or local government agency is liable
for:
1. Up to twice the market value of the damaged, destroyed or removed crop, measured
before the damage or destruction.
2. Up to twice the actual costs of production, research, testing, replacement and
crop development directly related to the damaged, destroyed or removed crop.
3. Litigation costs including court costs, attorney fees and expert witness fees.
B. The rights and remedies available under this section are in addition to any
other rights and remedies otherwise available in law.
C. For purposes of this section, "in conjunction or coordination" means having a
written contract involving testing or a product development program relating to the field
crop product.
3-121 Smith-Lever act accepted; authority ofboard of regents
A. The assent of the state is given to the provisions and requirements of an act of
Congress entitled "An act to provide for cooperative agricultural extension work between
the agricultural colleges in the several states," known as the Smith-Lever act.
B. The board of regents of the universities and state college of ARIZONA is
authorized and empowered to receive the grants of money appropriated under that act, and
to organize and conduct agricultural extension work in connection with the college of
agriculture of the university of ARIZONA in accordance with the terms and conditions
expressed in the act.
3-122 Expenditure from university appropriationto match federal grant
Upon duly itemized and sworn claims, approved by the president of the university of
ARIZONA or his delegated agent, there shall be paid out of the general appropriation for
the university of ARIZONA, as other claims against the state are paid, an amount equal to
but not limited to the amount of such additional appropriation as may be apportioned to
the state under the provisions of the Smith-Lever act.
3-123 Agricultural extension work
Cooperative agricultural extension work shall consist of giving practical
demonstrations in agriculture and home economics, and imparting information on those
subjects through field demonstrations, publications and otherwise. The work shall be
carried on in such manner as is mutually agreed upon by the board of regents of the
universities and state college of ARIZONA and the county agricultural extension board of
each county provided for in this article.
3-124 County agricultural extension board;members; appointment; term; qualifications; office space
A. The board of supervisors of each county shall appoint seven persons, who are
residents of the county, to a county agricultural extension board, four of whom have as
their principal business the production of agricultural commodities, and the other three
of whom shall be representative of organizations or persons who utilize the county
agricultural extension services.
B. Each member shall be appointed for a term of two years. Members shall serve
without compensation.
C. The board of supervisors of each county shall provide reasonable office space
for the conduct of extension work in that county.
3-125 Plan of extension work; annualreport
The director of the agricultural extension service of the university of ARIZONA
shall annually present a plan of extension work in the state for the ensuing year, for
the approval of the board of regents. The county agent-in-charge in each county shall
annually present to and for the approval of the board of supervisors of the county and
the county agricultural extension board a detailed report of extension activities in the
county for the preceding fiscal year, including a detailed report of receipts and
disbursements, and a plan of extension work in the county for the ensuing year. The
financial reports shall be on forms prescribed by the board of regents.
3-126 Annual county agricultural extensionbudget; tax levy; collection; expenditures
A. The ARIZONA board of regents shall have prepared for each county an annual
financial budget covering the total cost including the county's share of the cost of the
extension work which, if adopted by a majority vote of the respective county agricultural
extension board at a regularly called meeting, shall be submitted to the board of
supervisors of the county who shall place such amount of such budget as the board of
supervisors shall approve on the tax rolls of the county for the ensuing year.
B. The amount placed on the tax rolls shall be raised by direct taxation.
C. The taxes, when collected, shall be transmitted by the county treasurer upon
warrant drawn by the board of supervisors to the comptroller of the university of ARIZONA
and shall be expended upon claims drawn by the board of regents.
D. All money raised by taxation by a county shall be expended for the use and
benefit of that county.
3-128 Expenditures of university of ARIZONAfunds
A. For the purpose of aiding counties in support of the agricultural extension
program, the board of regents shall have prepared an annual financial budget covering the
university of ARIZONA's share of the cost of extension work in each county and after
approval thereof may expend such amount of the university of ARIZONA funds.
B. No funds secured through taxation, appropriation or from the university of
ARIZONA, as provided in this article, shall be available for any county until plans for
the expenditure of the funds have been made and approved by the board of regents.
C. All money obtained by taxation, appropriation, or from the university of ARIZONA
shall be expended for the use and benefit of the county entitled to receive the fund, and
the monies directed to be expended from the university of ARIZONA funds shall be expended
and disbursed upon claims drawn by the board of regents showing upon their face the
county for whose account the funds are expended.
3-141 Definitions
In this article, unless the context otherwise requires:
1. "Agricultural laboratory services" means the following services:
(a) Providing a residue analysis of:
(i) Raw, processed or manufactured agricultural commodities and products.
(ii) Soil.
(iii) Plant or animal tissue.
(iv) Commercial feed as defined in section 3-2601.
(v) Fertilizer as defined in section 3-262.
(vi) Water used for agricultural purposes.
(b) Providing a nutrient analysis of:
(i) Raw, processed or manufactured agricultural commodities and products.
(ii) Soil.
(iii) Plant or animal tissue.
(iv) Commercial feed as defined in section 3-2601, and including whole seeds and
any feed mixed or unmixed used in the feeding of animals.
(v) Fertilizer as defined in section 3-262.
(c) Providing a quantitative analysis of ingredients in pesticide formulations.
(d) Providing a germination and purity analysis of planting seed.
(e) Providing the identification of insects, parasites, bacteria and pathogenic
organisms in raw, processed or manufactured agricultural products and commodities and in
plant or animal tissue.
(f) Providing the services necessary to carry out section 3-1203, subsection A.
(g) Providing any other services compatible with or incidental to those laboratory
services provided pursuant to sections 3-142 and 3-143.
2. "Assistant director" means the assistant director for the state agricultural
laboratory.
3-142 State agricultural laboratory
There is established a state agricultural laboratory in the department to provide
laboratory services to the department and others as provided by law or pursuant to
contract.
3-143 Assistant director; powers andduties
A. The assistant director for the state agricultural laboratory is responsible for
the administration, operation and control of the state agricultural laboratory.
B. The assistant director shall have all the following qualifications:
1. A master's degree in chemistry or its equivalent in practical experience as
determined by the director.
2. Experience in agricultural laboratory testing or experience in a control
laboratory of an agency that regulates feeds, fertilizers or pesticides.
3. Supervisory experience.
C. The assistant director shall enforce rules established pursuant to section
3-147:
1. For the voluntary certification of laboratories providing agricultural
laboratory services to persons of this state.
2. For the mandatory certification of laboratories providing agricultural
laboratory services to agencies and departments of this state or its political
subdivisions, including those laboratories that are a part of a state agency or
department or a political subdivision of this state.
3. Prescribing testing, documentation and quality assurance procedures and
requirements.
D. The assistant director may contract with and assist other divisions and offices
in the department and other departments and agencies of the state, local and federal
governments in the furtherance of the purposes of this article, including contracting to
provide laboratory services. 3-144 State agricultural laboratory;maintenance and purpose
A. The state agricultural laboratory is established and maintained to carry out
this article and for laboratory examinations, diagnosis, analysis, testing, quantifying
and identification necessary to perform the functions and duties prescribed by this
article.
B. The state agricultural laboratory may accept samples from any person for
regulatory and research purposes.
3-145 Mandatory and voluntary certification;sampling procedures; application; expiration; renewal
A. A person who establishes, conducts or maintains a laboratory that provides
agricultural laboratory services to agencies or departments of this state or its
political subdivisions shall apply for a certificate from the state agricultural
laboratory as proof that the laboratory so certified is in compliance with rules adopted
by the director for the certification of such laboratories. Any other person providing
agricultural laboratory services may apply for such a certificate.
B. A person providing guaranteed laboratory analysis information to distributors of
commercial feed and whole seeds for consumption by livestock shall be certified under
this section.
C. An individual who collects samples for the state agricultural laboratory or for
any certified agricultural laboratory shall follow the sampling procedures established by
the director.
D. A certified laboratory shall report test results only to the party who provided
the original sample and, on request, to the state agricultural laboratory or as required
by section 3-2611.01.
E. A person who desires a certificate pursuant to this section shall file with the
state agricultural laboratory an application for a certificate accompanied by the
application fee.
F. The application shall be on a form prescribed by the assistant director and
furnished by the state agricultural laboratory and shall contain:
1. The name and location of the laboratory.
2. The name of the person owning the laboratory and the name of the person
supervising the laboratory.
3. A description of the programs, services and functions provided by the
laboratory.
4. Such other information as the assistant director deems necessary to carry out
the purposes of this section.
G. The assistant director shall issue a certificate to an applicant if the
assistant director is satisfied that the applicant has complied with the rules
prescribing standards for certified laboratories.
H. A certificate expires one year after the date of issuance and shall be renewed
upon payment of the renewal application fee as prescribed in section 3-146 and continued
compliance with this article and the applicable rules. 3-146 Certificate fees
The director may establish by rule and the assistant director shall collect in
advance the following nonrefundable fees:
1. For an initial laboratory certificate, not more than nine hundred dollars.
2. For a renewal of a laboratory certificate, not more than nine hundred dollars.
3. For a duplicate of a certificate, two dollars.
3-147 Rules; advisory committee
A. The director shall adopt reasonable rules for certification of laboratories that
perform agricultural laboratory testing. Rules shall be prescribed only insofar as they
affect the precision and accuracy of laboratory results. The rules shall include:
1. Acceptable methods of sampling, analyzing and testing including the routine
examination of certified laboratories for accuracy of analysis.
2. Acceptable standards of sanitary and safety conditions within the laboratory and
its surroundings.
3. Equipment essential to the proper operation of a laboratory.
4. The construction and operation of the laboratory, including plumbing, heating,
lighting, ventilation, electrical services and similar conditions.
B. If before adopting rules pursuant to this section the director determines that
it is necessary or desirable, the director may appoint an advisory committee pursuant to
section 3-106.
3-148 Grounds for denial, suspension orrevocation of a certificate; review and appeal
A. The assistant director may refuse to grant or renew a certificate or may suspend
or revoke a certificate if the assistant director has reasonable grounds to believe that
the applicant or registrant is not in compliance with adopted rules relating to the
certification of laboratories pursuant to this article. The assistant director shall
notify an applicant of the reasons for the action.
B. The director shall review the assistant director's action on request of any
person adversely affected by the action, and the director's decision is subject to appeal
pursuant to title 41, chapter 6, article 10.
3-149 Evidentiary effect of test resultscertified by the assistant director
Test results certified by the assistant director are prima facie evidence of the
facts stated in the results.
3-161 Definitions
In this article, unless the context otherwise requires:
1. "Commission" means the historical advisory commission established by section
41-1352.
2. "Register" means the ARIZONA register of heritage agriculture.
3-162 ARIZONA register of heritage agriculture;qualifying criteria; definition
A. The ARIZONA register of heritage agriculture is established.
B. Any person may apply in writing to the historical advisory commission to
nominate agricultural property in this state for listing on the register. If the person
nominating the property is not the current owner of the property, the nomination must
include the current owner's written assent to the nomination.
C. To qualify for listing on the register, the agricultural property must meet both
of the following requirements:
1. The property must comprise at least ten acres of real property that has been
owned by the same family and in continuous commercial agricultural production for at
least fifty years. Property that has been in active production may qualify regardless of
occasional periods of inactivity due to:
(a) Acts of God.
(b) Federal farm conservation programs.
(c) Crop rotation practices.
(d) Generally accepted range management and pasture rotation practices.
(e) Temporarily inadequate water supplies.
2. The property must include at least one house, barn, shed, crib, granary, silo,
windmill or fence that is at least twenty-five years old.
D. For purposes of this section, "family" includes individuals or a trust, estate,
corporation, partnership, joint venture or similar entity or combination of entities, if
the individuals or at least eighty per cent of the beneficiaries, shareholders, partners
or joint venturers share a family relationship as parents or ancestors of parents,
children or descendants of children, siblings, cousins of the first degree, aunts,
uncles, nieces or nephews of the first degree, spouses of any of the listed relatives and
listed relatives by the half-blood or by adoption.
3-163 Application
A. An applicant must provide documentary evidence that property meets the
qualifications prescribed by this article for listing on the register of heritage
agriculture. The commission may require additional information as necessary to support
the application.
B. The commission shall:
1. Establish an advisory group of persons with experience in agriculture to assist
the commission in evaluating applications under this section.
2. Prescribe the procedure for filing and evaluating the applications.
3. Set a nonrefundable application fee which must be paid in full when the
application is submitted.
C. The commission may establish categories of recognition based on the age of the
agricultural operation.
3-164 Listing property on register
A. The commission shall provide written notification to the owner, and applicant if
different from the owner, of its decision on listing the property on the register.
B. If the commission lists the property on the register:
1. The commission shall include, with the notice under subsection A of this
section, a certificate signed by the secretary of state, the president of the senate, the
speaker of the house of representatives and the chairperson of the commission describing
the property and designating it as ARIZONA heritage agriculture property.
2. The owner of the property may identify the property as ARIZONA heritage
agriculture property using signs, monuments, plaques, letterheads and other identifiers.
C. The designation of property as ARIZONA heritage agriculture property:
1. Is an honorific recognition only, and does not confer any other right or
privilege except as provided by this article.
2. Does not affect the right to use, convey, encumber, alter or exercise any other
right of ownership at the owner's discretion, and no person may impair or affect the
owner's property rights based on the designation of the property as ARIZONA heritage
agriculture property.
3. Terminates if the property no longer meets the requirements of section 3-162,
subsection C. The commission may require the owner to file an annual affidavit that the
property continues to qualify under this article.
3-165 Restricted use of designation; violation;classification
A. A person may use the designation "ARIZONA heritage agriculture property" or
"heritage agriculture" only with the approval of the commission as provided by this
article. A person may not use the designation "ARIZONA heritage agriculture property" or
"heritage agriculture" for any commercial purpose except as provided by this article.
B. A person who knowingly violates this section is guilty of a class 3 misdemeanor.
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