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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Agriculture
Chapter : DAIRIES AND DAIRYING
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3-601.01 Product standards; rules
A. The federal definitions and standards of identity for the following, which are
adopted pursuant to the federal food, drug and cosmetic act, as amended (52 Stat. 1040;
21 United States Code section 301 et seq.) and in effect on July 1, 1989, are the
standards of identity for all such products in this state:
1. Milk and cream (title 21 Code of Federal Regulations part 131).
2. Cheeses and related cheese products (title 21 Code of Federal Regulations part
133).
3. Frozen desserts (title 21 Code of Federal Regulations part 135).
4. Lactose (title 21 Code of Federal Regulations section 168.122).
5. Whey (title 21 Code of Federal Regulations section 184.1979).
6. Reduced lactose whey (title 21 Code of Federal Regulations section 184.1979a).
7. Reduced minerals whey (title 21 United States Code section 184.1979b).
8. Whey protein concentrate (title 21 United States Code section 184.1979c).
B. Any product listed in subsection A that is sold in this state and that conforms
to the definitions and standards that are adopted pursuant to the federal act in effect
on July 1, 1989 is deemed to comply with subsection A of this section.
C. The associate director may recommend to the director for adoption a rule to
designate any other food product as a manufactured milk product and subject to regulation
as a manufactured milk product if the food product is prepared or manufactured in whole
or in part from any products listed in section 3-601, paragraph 10.
3-601 Definitions
In this article, unless the context otherwise requires:
1. "Adulterated" means the existence of one or more of the conditions described in
section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21
United States Code section 342).
2. "Associate director" means the associate director of the division.
3. "Butter" means the clean and nonrancid product containing not less than eighty
per cent milk fat produced by gathering the fat of milk or cream into a mass, containing
a small portion of other milk constituents, and with or without salt or harmless coloring
matter.
4. "Division" means the animal services division of the ARIZONA department of
agriculture.
5. "Federal milk ordinance" means the recommendations of the United States public
health service grade "A" pasteurized milk ordinance with administrative procedures.
6. "Frozen desserts" means ice cream, frozen custard, french ice cream, ice milk,
quiescently frozen confection, quiescently frozen dairy confection, french custard ice
cream, artificially sweetened ice cream, manufactured desserts mix, whipped cream
confection, bisque tortoni, sherbets, water ice and mellorine frozen desserts and all
such other products, together with any mix used in making such frozen desserts, and any
other products which are similar in appearance, odor or taste to such products or are
prepared or frozen as frozen desserts are customarily prepared and frozen, whether made
with dairy products or nondairy products.
7. "General specifications for dairy plants" means those specifications adopted by
the United States department of agriculture and published in title 7 code of federal
regulations part 58, subpart B.
8. "Grade A milk" and "grade A milk products" has the meaning set forth in the
federal milk ordinance.
9. "Handler" means a person who as owner, agent, broker or intermediary, either
directly or indirectly, receives, purchases or otherwise acquires ownership, possession
or control of milk in unprocessed or bulk form from a producer or a producer-handler for
manufacturing, processing, selling or other handling. Handler includes cooperative
associations that, either directly or indirectly, receive, purchase or otherwise acquire
ownership, possession or control of milk from other handlers or producers who are
nonmembers of the cooperative but does not include cooperative associations that receive
and sell milk solely of its member producers.
10. "Manufactured milk products" includes:
(a) Butter.
(b) Natural or processed cheese.
(c) Manufacturing milk or manufacturing cream.
(d) Dried, frozen, evaporated, stabilized or condensed milk products.
(e) Frozen desserts.
(f) Dry whey.
(g) Dry buttermilk.
11. "Manufacturing milk" or "manufacturing cream" means milk or cream not conforming
to the requirements of the federal milk ordinance.
12. "Manufacturing milk processing plant" means any place, premises or establishment
where manufacturing milk or manufactured milk products, or any combination of them, are
collected, handled, processed, manufactured, stored, pasteurized, aseptically processed,
bottled or prepared for distribution.
13. "Measuring device" includes a measuring rod and a transparent measuring tube.
14. "Milk distributing plant" means a plant processing and distributing milk and
milk products other than products made from manufacturing milk.
15. "Milk holding tank" means a stationary tank used to measure milk or cream.
16. "Misbranded" means either:
(a) The existence of one or more of the conditions described in section 403 of the
federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code
section 343).
(b) That the package does not comply with the fair packaging and labeling act (P.L.
89-755; 80 Stat. 1296; 15 United States Code section 1451 et seq.).
17. "Pasteurization" or "pasteurized" means a process prescribed by the standards
set forth in the federal milk ordinance or any other process demonstrated to be equally
efficient and approved by the associate director.
18. "Producer" means a person that produces milk from cows and whose bulk milk is
received, acquired or handled by a handler. Producer includes cooperative associations
in selling milk of its member producers to other handlers.
19. "Producer-distributor" means a producer of milk handling his own product
exclusively and distributing it as milk.
20. "Producer-manufacturer" means a producer of milk handling his own product
exclusively, and manufacturing milk products therefrom and distributing the products.
21. "Supervisor" means the state dairy supervisor employed pursuant to section
3-603.
22. "Ultimate consumer" means the person actually drinking or consuming milk or a
milk product.
3-603 Powers and duties; state dairysupervisor; qualifications; production of papers; formalrequirements of complaints
A. The associate director, with the approval of the director, shall employ a state
dairy supervisor to enforce the provisions of this article. The supervisor shall
recommend to the director for adoption rules deemed necessary or advisable to carry out
the provisions thereof.
B. The supervisor shall be a person who has experience in the dairy industry and
must possess technical and educational qualifications or practical experience in
producing, handling and testing milk and in other matters relating to the dairy industry.
C. If the production of papers, books and records relating to any matter under
investigation is deemed advisable, the director may apply to the superior court in any
county for an order requiring the production of the papers, books and records. If the
court is satisfied that the papers, books and records are pertinent to and helpful in the
matter under investigation, their production shall be ordered.
D. A complaint filed with the department charging noncompliance with or violation
of any provision of this article shall be in writing and signed by the complainant, but a
complaint by a producer relating to the accuracy of a butterfat, bacterial or other test
directly affecting the price received by the complainant need not be in writing.
3-604 Dairy inspectors; duties; powers; localofficers
A. Special dairy inspectors employed by the department shall supervise, inspect,
weigh and test dairy products produced or manufactured for human consumption and shall
perform other duties and possess other powers as may be prescribed by the associate
director authorized by this article.
B. The director may assign personnel to perform the inspection-related activities
prescribed by this chapter under the direction of the associate director.
C. In addition to inspectors employed or assigned under this section, the enforcing
officers of a county health department, county environmental health department or public
health services district under the charge and direction of a health officer or
environmental health officer may be deemed special dairy inspectors in the city or
county, and a milk supply inspected and approved by these inspectors shall be deemed to
comply with the provisions of this article. 3-605 Federal milk ordinance; health andsanitation provisions
A. Unless inconsistent with this chapter, the production, transportation, handling
and sale of milk and milk products and the inspection of dairy herds, dairies and milk
plants shall be regulated in accordance with the terms of the federal milk ordinance.
B. The words "health authority" when used in the federal milk ordinance means the
director or the director's authorized representative.
C. Powers and duties in the federal milk ordinance relating to health and
sanitation are vested in the director. In addition, the director shall adopt rules
necessary to assure that all milk and milk products sold or distributed for human
consumption are free from unwholesome, poisonous or other foreign substances and filth,
insects or disease-causing organisms. The rules shall prescribe reasonably necessary
measurements governing the production, processing, labeling, storing, handling and
transportation of milk and milk products. The rules shall prescribe minimum standards
for the sanitary facilities and conditions that shall be maintained in any dairy or other
facility and in any truck or other vehicle in which milk or milk products are produced,
processed, handled or transported. The rules shall provide for the inspection and
licensing of premises and vehicles so used, and for abatement as public nuisances of any
premises or vehicles that do not comply with rules and minimum standards. This subsection
and the rules prescribed pursuant to this subsection do not apply to dispensing and
selling frozen desserts at retail.
D. The provisions of the federal milk ordinance apply to this state. 3-606 Sale of milk, milk products, raw milk andraw milk products; regulation
A. All milk and milk products, including cottage cheese, as defined in the federal
milk ordinance, sold to the final consumer, restaurants, soda fountains, grocery stores
or similar establishments shall be grade A pasteurized or certified pasteurized milk and
milk products. No other milk or milk products may be sold to the final consumer,
restaurants, soda fountains, grocery stores or similar establishments except:
1. Grade A raw or certified raw milk and cream only when produced and bottled or
produced, manufactured and placed in containers for final sale within this state.
2. Cottage cheese, buttermilk, butter, kefir and other cheeses made from grade A
raw or certified raw milk.
3. Manufactured milk products made from manufacturing milk.
B. Any raw milk, raw cream or raw milk products authorized under subsection A shall
meet the same health and sanitation standards provided for in this chapter for similar
grade A pasteurized milk and milk products.
C. Raw milk or cream or cottage cheese, butter, buttermilk, kefir or cheeses made
from raw milk or cream shall be displayed for sale separately from and shall not be
commingled with pasteurized dairy products. The display shall be prominently marked "raw
milk" or "raw milk products". The principal display panel of the label on a raw milk
product shall prominently state "raw milk product". The principal display panel of the
label on raw milk shall prominently state "raw milk: not pasteurized and may contain
organisms injurious to your health." In each case the label statement shall appear in
conspicuous and easily legible bold-faced print or type in distinct contrast to other
matter on the package. The label statement shall appear as a distinct item on the
principal display panel, shall be separated by a space at least equal to the height of
the lettering used in the statement from other printed label information appearing above
or below the statement and by a space at least equal to twice the width of the letter "N"
of the type style used in the statement from other printed label information appearing to
the left or right of the statement. The statement shall be in letters in a type size
established in relationship to the area of the principal display panel of the package and
shall be uniform for all packages of substantially the same size by complying with the
following type specifications:
1. Not less than one-eighth inch in height on packages the principal display panel
of which has an area of twenty-five square inches or less.
2. Not less than three-sixteenths inch in height on packages the principal display
panel of which has an area of more than twenty-five but not more than one hundred square
inches.
3. Not less than one-fourth inch in height on packages the principal display panel
of which has an area of more than one hundred square inches but not more than four
hundred square inches.
4. Not less than one-half inch in height on packages the principal display panel of
which has an area of more than four hundred square inches.
D. Raw milk products authorized under the provisions of subsection A may be
produced outside this state and sold in this state and may be manufactured and placed in
containers for final sale on premises other than those where the milk is produced.
E. Raw milk and raw milk products authorized under subsection A may not be sold or
used by restaurants, soda fountains or other similar establishments.
3-607 Annual licenses; revocation; fees
A. No person shall operate a milk distributing plant or a manufacturing milk
processing plant, engage in the business of producer-distributor or
producer-manufacturer, or engage in the business of selling at wholesale milk or dairy
products, or both, without a license. This section does not require:
1. An ARIZONA dairy farm producing raw milk for sale to be processed to secure a
license to operate.
2. A retailer or wholesaler to secure a license from the division to convert a
pasteurized mix into frozen dessert.
B. Application for a license shall be in writing in such form as the associate
director prescribes and shall be accompanied by the required filing fee. Upon receipt of
an application the associate director or an authorized representative shall examine the
premises in which the applicant proposes to do business, and if it appears that the
applicant has complied with all provisions of law, the license shall be issued.
C. After issuance of the first annual license, a license may be issued upon
inspection of the premises and payment not later than February 1 of each year of the
required fee. The inspection shall be made by the associate director or an authorized
representative to determine whether the premises are maintained in compliance with
law. A written report of the inspection shall be filed in the division office. An
annual license is valid for the period beginning January 1 and ending December 31 of each
year, and a license not renewed on or before February 1 of each year shall be void.
D. An application for a license to produce grade A milk for human consumption shall
be made in the manner prescribed by subsections A and B. The license shall be valid until
revoked for failure to comply with the provisions of this article relating to the
production of milk. The associate director may suspend a license pending correction of
deficiencies that violate this article. If the identified deficiencies are not corrected
within a reasonable time after the licensee is notified, the associate director may
proceed to revoke the license. Notice of a pending revocation shall be in writing,
stating the cause, and setting a time during which the licensee may correct the cause for
revocation. If the cause for revocation is not corrected within the time specified, the
associate director, after a hearing and three days' notice of intention, may revoke the
license. The director shall review the associate director's action on request of any
person adversely affected by the action. A person holding a permit issued by a
governmental agency operating outside of this state whose requirements are substantially
the same as the requirements of this state shall be deemed to have a license meeting the
requirements of this article, provided the facilities have first been inspected and
approved also by a resident ARIZONA inspector, if in the opinion of the associate
director such an inspection should be made. Any expense incurred for such inspection
shall be at the expense of the licensee.
E. Fees shall be paid as follows:
1. For a license or renewal of a license to operate a milk distributing plant or
business, fifty dollars.
2. For a license or renewal of a license to operate a manufacturing milk processing
plant, fifty dollars.
3. For a license or renewal of a license to engage in the business of
producer-distributor or producer-manufacturer, twenty-five dollars.
4. For a license or renewal of a license to engage in the business of selling at
wholesale milk or dairy products, or both, twenty-five dollars.
F. The associate director or dairy inspectors are authorized to inspect premises
affected by this article and located without the state, and they shall receive
subsistence and travel expenses in the amount provided for state officers, which shall be
paid to the inspector by the owner of the premises so inspected.
G. The provisions of this section shall not apply to the producer of raw milk.
3-608 Distributing and manufacturing plants;records
A person having charge of a distributing plant or manufacturing plant shall maintain
a complete monthly record of the quantity and source from which dairy products are
received and the sales of dairy products shipped or sold from the plant.
3-609 Financial condition of milk handlers;security; recovery on default; definition
A. A handler shall not engage or continue in business and the associate director
shall deny, suspend or revoke any license issued to the handler under this chapter unless
the associate director is satisfied that the handler's financial condition reasonably
assures the ability to promptly pay producers for the milk the handler purchases. Before
the associate director issues or renews the license the handler must file with the
division financial statements for the handler's most recent complete fiscal year together
with the auditor's report issued by a certified public accountant registered in this
state. If the handler's fiscal year ends in the fourth quarter of the calendar year, the
associate director may extend the time for filing the financial statement for up to one
hundred twenty days. The handler shall also file interim financial statements within one
hundred twenty days following the end of the sixth month of the handler's fiscal year,
prepared consistent with the annual financial statement and certified by the handler's
chief financial officer, covering the first six months of the handler's fiscal year. The
associate director may require additional financial information or certificates at any
time. The financial statements:
1. Shall comply with generally accepted accounting principles.
2. Shall by separate certificate of the certified public accountant state the
handler's current ratio of current assets to current liabilities as of the end of the
handler's fiscal year. The certificate accompanying the interim financial statement
shall be signed by the handler's chief financial officer.
3. Are confidential and are not open for public inspection.
B. If the associate director either receives a certificate under subsection A,
paragraph 2 that shows a current ratio of current assets to current liabilities of less
than 1.2:1.0 or determines at any time that the financial condition of a handler does not
reasonably assure payment when due for milk the handler purchases, or if the handler
fails to pay for milk when payment is due as provided by applicable law or by agreement
between the handler and producer, the associate director shall require that the handler:
1. File a bond or other security acceptable to the associate director in an amount
not to exceed one hundred ten per cent of the sum reasonably anticipated to be due and
accrued at any time for the milk purchased by the handler. The security shall be payable
or assigned to the associate director for the benefit of producers damaged by the
handler's default in paying for milk.
2. Receive no milk on credit until acceptable security is filed.
C. On or before March 1 and September 1 of each year each handler shall provide
written notice to producers from whom it has purchased milk during the preceding six
months stating the financial basis on which the handler's license was issued and the type
and amount of security, if any, the handler filed under subsection B, paragraph 1. A
handler shall not receive a quantity of milk that will increase the amount due and
accrued from the handler above the amount represented as a basis for issuing the license
under subsection A without first notifying the associate director.
D. On request and on the producer's prior written agreement to maintain its
confidentiality, the associate director shall provide a producer with a copy of any
financial statement, information or certificate filed under subsection A by a handler
that has purchased milk from that producer.
E. A producer who has not been paid by a handler for milk when payment was due as
provided by applicable law or by agreement may file a verified proof of claim with the
division. On receipt of the claim or any other evidence of default, the associate
director, by order, may require all interested creditors to file verified proofs of claim
on or before a stated date or be barred from participating in any recovery under this
subsection. Notice of the order shall be posted on the handler's premises and published
once each week for three consecutive weeks in a newspaper of general circulation in the
affected area with the final notice being published at least thirty days before the last
date stated in the order for filing claims. On audit and investigation the associate
director shall allow or disallow each claim and, if allowed, include interest at the rate
of ten per cent per year from the date of default. The associate director shall mail
notice of the allowance or disallowance of each claim and if allowed, the rate of
interest that applies by certified mail to each claimant and to the handler and the
handler's surety. The associate director shall demand, collect and receive the amount
necessary to satisfy all allowed claims plus interest from the handler, the security
provided by the handler or the handler's surety or sureties. The director, on the
recommendation of the associate director, may also commence an action in superior court
in Maricopa county for that purpose. The associate director shall distribute all monies
received for satisfying the claims plus interest to the claimants, in full or pro rata as
the case may be. The associate director shall disallow:
1. Claims for the value of milk which were due and payable more than thirty days
before the associate director received the first claim or notice of default.
2. Claims covering transactions in which the producer has granted to the handler
any voluntary extension of credit in writing.
F. The associate director shall deny, suspend or revoke a handler's license for
failure to comply with any provision of this section. On request, the director shall
review any action by the associate director under this subsection.
G. The whole claim, including interest and any judgment for the claim, of any
person against a handler on account of milk sold or delivered to the handler is entitled
to the same preference in any insolvency or other creditor's proceedings as is provided
by any other statute to claims for labor. Two or more producers may file a consolidated
claim, and, when so filed, the preference is allowed on the amount due each
producer. This preference shall also be allowed in bankruptcy proceedings to the extent
permitted by federal law. This subsection does not affect or impair any other lien,
security or priority for the claim or judgment.
H. This section applies to producers in any state that sell milk to a handler that
is licensed by the division, but this section does not apply to the sale of milk in
interstate commerce to an out-of-state handler that is not licensed by the division.
3-610 Diseased handlers of dairy productsprohibited; health examination
No person known to have a contagious or infectious disease shall occupy a room in
which dairy products are handled, or actively engage in handling or in any operation of
producing, processing, manufacturing, distributing, transporting or dispensing dairy
products. A person so engaged shall at his own expense submit to a health examination at
the request of the associate director.
3-611 Tuberculin testing of dairy herds;veterinarian's certificate; other diseases; exclusion of animalsfrom herds
A. Except as otherwise provided by law, a tuberculin test of all dairy herds shall
be made before milk therefrom is sold. Thereafter, testing shall be conducted and
reactors disposed of as prescribed by chapter 12, article 3 of this title. A certificate
signed by a licensed veterinarian and filed with the state veterinarian shall be evidence
of the test required by this section.
B. A cow showing upon physical examination an extensive or entire induration of one
or more quarters of the udder, whether or not secreting abnormal milk, shall be
permanently excluded from the milking herd. A cow giving bloody, stringy or otherwise
abnormal milk, but with only a slight induration of the udder, shall be excluded from the
herd until re-examination shows the milk to have become normal.
C. The associate director, on the recommendation of the state veterinarian, may,
for a disease not otherwise provided for, prescribe the tests and examinations to be
used. He shall prescribe the times at which the tests shall be given and the methods to
be used and shall provide for the disposition of animals reacting to the tests.
3-612 Dairy cows suspected of disease;quarantine; examination
The associate director may direct the state veterinarian to establish a quarantine
of cows, and make an examination thereof to determine the presence of tuberculosis,
anthrax or other diseases dangerous to human life, and he shall examine such cows as the
associate director directs. If a cow is found to be diseased, the state veterinarian
shall proceed as directed by law for the eradication of tuberculosis among cattle.
3-613 Importation of diseased animals
A dairy animal infected with tuberculosis, contagious abortion or other contagious
or infectious disease shall not be brought into the state. A dairy animal brought into
the state shall be accompanied by a certificate issued by a state veterinarian stating
that the animal is free from tuberculosis, and negative to the blood test for contagious
or infectious disease.
3-614 Sale of products from diseased cow;classification
A. No person engaged in the production or manufacture of milk or milk products
shall sell, give away, exchange or barter any milk or milk products in a raw,
unpasteurized or unsterilized state, from a cow afflicted with a disease dangerous to
human health or life, after knowledge thereof, or after receiving notice of the presence
of the disease in the cow from the associate director or the state veterinarian.
B. A person may market milk or milk products through channels or methods which
insure, to the satisfaction of the associate director, that such milk or milk products
will be thoroughly and effectively pasteurized or sterilized before being offered to the
consuming public as food. A person violating this section is guilty of a class 2
misdemeanor.
3-615 Milk holding tanks; structuralrequirements; measuring device
A. A milk holding tank shall be so designed, constructed and installed as to
withstand ordinary usage and permit accurate measurement of the fluid contents thereof,
and shall be so maintained by the owner. The tanks shall be so designed, constructed,
installed and maintained that complete delivery of the contents may be made through
delivery faucets or valves. Each tank shall be plainly marked by die stamping in letters
or numerals not less than one-fourth inch in height showing the approved calibrated
capacity to the nearest gallon, and shall be equipped with a means by which the
calibration level may be readily determined. The shell, bulkheads and supporting
framework shall be so constructed that they will not become distorted under any condition
of liquid lading, and means shall be provided for the sealing of adjustable parts in such
manner as to prevent the removal or changing of position without destroying or mutilating
the seal. Each milk holding tank shall be equipped with a measuring device approved by
the state inspector of weights and measures.
B. It shall be unlawful to alter or tamper with a milk holding tank or any part
thereof in such a way as to give an inaccurate measurement of the fluid contents thereof.
3-616 Milk holding tanks; tolerances ofmeasuring devices
The tolerance allowed in excess or deficiency on a milk holding tank used as a
measure and equipped with a measuring device shall be for a milk holding tank with a
capacity of:
1. Not more than four hundred gallons, one-half gallon.
2. Not less than four hundred one nor more than six hundred gallons, five-eighths
gallon.
3. Not less than six hundred one nor more than eight hundred gallons, three-fourths
gallon.
4. Not less than eight hundred one nor more than one thousand gallons,
seven-eighths gallon.
5. Not less than one thousand one nor more than one thousand two hundred gallons,
one gallon.
6. Not less than one thousand two hundred one gallons nor more than one thousand
four hundred gallons, one and one-eighth gallon.
7. Not less than one thousand four hundred one gallons nor more than one thousand
six hundred gallons, one and one-fourth gallon.
3-617 Fat content; determination; fee;inspection of records and equipment
A. A milk receiving plant, manufacturing plant or other place using a volumetric
method for determining the fat content of milk or cream, where the result of the
determination is to be used wholly or in part as a basis for payment or settlement for
the milk or cream, or where the proceeds of cooperative creameries or milk receiving or
manufacturing plants are allotted on the basis of the determination of milk fat, or where
the result of the determination is used for the purpose of official inspection or for
public record, shall use methods conforming to those prescribed in "standard methods for
the examination of dairy products," current edition, by the association of official
agricultural chemists.
B. No bottle or pipette shall be used in the determination unless it meets the
specifications set up by the national institute of standards and technology for glass
volumetric apparatus. All milk or cream test bottles and milk test pipettes, before
being used, shall be submitted to the division for approval and the associate director
shall cause the letter "A" to be etched thereon as evidence of his approval, but nothing
in this article shall be construed to prohibit the use of a bottle or pipette previously
marked "A" by the associate director, or the state dairy commissioner under prior
law. The associate director shall collect a fee of one dollar for each one dozen bottles
or pipettes so approved and etched.
C. When the amount of milk fat contained in milk or cream is used wholly or in part
as a basis for payment therefor or is made a matter of official inspection or public
record, no greater or lesser percentage or average percentage of milk fat than is
actually contained in the milk or cream shall be reported or recorded.
D. The associate director or an authorized representative may check the records,
inspect the equipment and assist in making determinations of fat content of milk or cream
received at a milk receiving or manufacturing plant or other place of determination to
ascertain the accuracy of the determinations so made.
3-618 Sampling by purchaser; preservation;records
A. A person buying milk or cream from a producer to be paid for on the basis of the
percentage of milk fat contained therein, and for such purpose taking individual samples
to form a composite sample for periodic testing, shall, at the request of the producer,
at the end of the period for which the composite samples are taken, thoroughly mix and
divide the samples into two approximately equal parts and tender one of the samples to
the producer or an authorized representative thereof. The producer may have the
composite sample tested by a licensed tester in the presence of the person buying the
milk or cream or his authorized representative. If the producer or the purchaser is not
satisfied with the result of the test, the samples shall be submitted to a qualified
technician or laboratory and an ether extraction butterfat test made. The result of the
ether extract butterfat test shall be final and binding on both parties.
B. A person testing composite samples of milk or cream received from a producer,
the value of which is determined by the milk fat content, shall preserve intact the
remaining portion of the sample from which the test is made and shall keep the same for
not less than forty-eight hours after completion of the test for the purpose of
permitting the associate director or an authorized representative thereof to examine and
test the remaining portion. The samples shall be preserved so as to insure an accurate
test being made.
C. A person making tests of samples of milk or cream shall immediately after
completion of the tests, prepare a list of the names or numbers of the producers of the
milk or cream tested, and opposite the producer's name or number the per cent of milk fat
contained in each sample. The list shall be signed by the person making the test and
shall contain the number of the state license under which the test was made. A copy of
the list shall be deposited immediately after the test in a lock box so constructed that
the records cannot be readily removed therefrom except by the associate director, who
shall supply the lock therefor and retain all keys to the lock. Each purchaser or
receiver shall, on written request, mail or deliver to the producer at the time of making
the list, a written statement of the percentage of milk fat contained in the sample
representing the milk or cream delivered by the producer.
D. Unless otherwise provided by written permission of the associate director, a
sample of milk or cream tested by the purchaser or his authorized representative shall be
tested only at the place where received, and shall not be removed from the plant or place
where tested less than forty-eight hours from the date of testing.
3-619 Qualification of sampler; license;certificate of proficiency; revocation
A. No person shall sample milk or cream for the purpose of determining the amount
of milk fat contained therein where the result of the test is used as a basis for payment
for the milk or cream, or for official inspection or public record, unless licensed by
the division. An applicant for a license shall give proof satisfactory to the associate
director of his ability to perform his duties and shall pay a license fee of five
dollars. The license shall be valid for the calendar year in which issued and upon
payment of a renewal fee of one dollar fifty cents shall be renewed for each year in
which the licensee desires to operate. A license not renewed prior to February 1 is
void.
B. No person shall test milk or cream for the purpose of determining the butterfat
content thereof, when the result of the test is used to determine the purchase sales
value or the legal standard of the product, unless the tester has a tester's license. A
tester's license may be obtained from the division by presenting a certificate of
proficiency, and payment of a license fee of five dollars. The license shall be valid
for the calendar year in which issued, and upon payment of a renewal fee of one dollar
fifty cents shall be renewed for each year in which the tester desires to operate. A
license not renewed prior to February 1 is void.
C. A certificate of proficiency may be obtained only from the department of dairy
husbandry of the university of ARIZONA. The applicant therefor shall appear before the
department of dairy husbandry or an official representative thereof and submit to such
written examination and conduct such demonstration of laboratory technique as the
department of dairy husbandry or its representative may require. Upon successfully
completing the examination the department of dairy husbandry shall issue the certificate
to an applicant displaying required proficiency. A tester's license issued by a state
other than this state shall be accepted from the person named thereon in lieu of the
certificate of proficiency, but the tester shall have been actively engaged in testing
under the license for a period of not less than ninety days and shall furnish proof
thereof. Each license shall be kept at the place in which the licensee is employed and
shall be open to inspection.
D. A license may be revoked by the associate director, after a hearing upon due
notice to the licensee, for a false statement in the application, dishonesty,
incompetency or inaccuracy, or for violating any provision of this article. On request,
the director shall review any action taken by the associate director under this
subsection.
3-620 Bacterial count; method; inspection ofequipment
A. A place of business making the bacterial count a factor in the determination of
the basis for payment or settlement for milk or cream, or a cooperative creamery, milk
receiving or manufacturing plant allotting proceeds on that basis, shall use the method
and equipment prescribed by the American public health association, "standard methods for
the examination of dairy products," current edition.
B. Where a bacterial count is used as the basis for payment or settlement for milk
or cream, or where a bacterial count affects the classification of milk or cream as
received from the producer or the acceptance or rejection thereof by the operator of a
milk receiving or manufacturing plant, no person shall report or record a larger or
smaller bacterial count than that obtained in the manner prescribed in American public
health association, "standard methods for the examination of dairy products," current
edition.
C. The associate director or his authorized representative may at any time, for the
purpose of determining the accuracy thereof, inspect the equipment and assist in making a
bacterial count of milk or cream received at a place of business making bacterial counts.
3-621 Butterfat content; disagreement;procedure
Upon application by a producer and a distributor or a manufacturer, the associate
director shall, at the expense of the applicants, appoint an official tester to test the
butterfat content of the producer's product. When there is a disagreement or variance in
the reading of a Babcock test the original sample shall be submitted to a qualified
technician and a determination made by an approved ether extraction method, the result of
which shall be binding upon the parties.
3-622 Regulation of manufactured milkproducts
The associate director shall regulate the production, processing, manufacturing,
labeling, storing, transportation, handling and sale of manufactured milk products
according to the general specifications for dairy plants as published by the United
States department of agriculture. As used in the general specifications, "administrator"
means the associate director or his authorized representative.
3-623 Manufacturing milk or cream; operatingrequirements; sanitation; sediment test tolerance;pasteurization
A. Any barn, corral, enclosure or place in which manufacturing milk or cream is
produced shall be kept free from accumulations of manure or other filth, and a foul
smelling or unsanitary condition in or near the place shall not be tolerated.
B. Manufacturing milk or cream shall be produced in a clean and sanitary manner,
strained into cans as produced and kept free of insects or other foreign
matter. Manufacturing milk or cream shall not exceed a number three sediment test given
as prescribed for the examination of dairy products by the standard methods of the
association of official agricultural chemists. Utensils used in handling manufacturing
milk or cream shall be washed clean after each use, disinfected by a chemical or steam
process and stored in a clean place. The utensils shall comply with the requirements
prescribed for utensils used in the production of grade A milk.
C. Manufacturing milk or cream shall not be used for manufacturing purposes unless
it has been produced and handled as prescribed in this section, and pasteurized during
the process of manufacture.
3-624 Cheese; ingredients; pasteurized cheese;part-skim cheese; labeling; cottage cheese excepted
A. Cheese manufactured in the state for sale shall be made from pasteurized milk,
skim milk, cream, goat milk or sheep milk conforming to the requirements prescribed by
this article. All cheese sold shall be labeled to indicate the variety and grade of the
cheese. Pasteurized cheese or pasteurized-blended cheese bearing a varietal name shall
be made from cheese of the variety indicated and conforming to the requirements for fat
and moisture prescribed for cheese of that variety. The standards of composition for
pasteurized cheese, pasteurized-blended cheese, emulsified cheese and process cheese
shall be fixed by the associate director and shall conform to those prescribed by the
secretary of the United States department of agriculture. Cheese manufactured in the
state shall be labeled at the factory with a manufacturer's factory number assigned
annually by the associate director. If made outside the state, cheese shall bear a label
stating the name and address of the manufacturer or distributor.
B. It is unlawful to expose for sale any part-skim cheese or skim cheese unless
there is attached to the outside of every vessel, can, package or cheese exposed or sold
a tag legibly bearing in black letters at least one inch in height the words "part-skim
cheese No. 1," "part-skim cheese No. 2" or "skim cheese," as the case may be. All
part-skim or skim cheddar or granular cheese shall be labeled to indicate the grade on
its entire outer edge in a manner specified by the associate director. All other
varieties of part-skim or skim cheese shall be labeled to indicate the grade in such
manner as the associate director prescribes.
C. Nothing in this section shall be deemed to apply to cottage cheese. The
addition of cream, milk or other fluids to uncreamed or creamed cottage cheese shall take
place only in a milk distributing plant or a manufacturing milk plant licensed under this
article.
D. This section does not apply to any cheese commonly referred to as "hard cheese"
that is manufactured from unpasteurized milk products and that is aged for a period of
sixty days from the date of its moulding as evidenced by the date of moulding stamped on
the cheese at the time of manufacturing. 3-625 Frozen desserts; coloring matter; weight;butterfat content; ices and sherbets
A. A frozen dessert may contain, in addition to the food constituent thereof, a
harmless coloring matter, flavoring or stabilizer approved by the United States pure food
and drug administration, but shall not contain unsound, rancid or spoiled ingredients.
B. Ice cream shall weigh not less than four and one-half pounds per gallon. Plain
or extract flavored ice cream shall contain not less than ten per cent butterfat and not
less than one and six-tenths pounds total food solids per gallon, nor more than
six-tenths per cent by weight of a stabilizer approved by the United States pure food and
drug administration. Fruit ice cream shall contain not less than eight per cent
butterfat, three per cent by weight of preserved or fresh fruit or the juices thereof and
not less than one and six-tenths pounds per gallon by weight of food solids per gallon,
and not more than six-tenths per cent by weight of a stabilizer approved by the United
States pure food and drug administration. Chocolate ice cream shall contain not less
than eight per cent butterfat, one per cent by weight of chocolate or cocoa and one and
six-tenths pounds edible solids per gallon, and not more than six-tenths per cent by
weight of a stabilizer approved by the United States pure food and drug administration.
C. Frozen custards or French ice cream shall be so labeled, and shall contain not
less than ten per cent butterfat by weight. Iced milk shall contain not less than four
nor more than eight per cent butterfat by weight. Fruit iced milk and chocolate iced
milk shall contain not less than three per cent butterfat by weight. Every sales
container of iced milk shall be labeled iced milk and an establishment serving iced milk
by the dish, cone or similar manner to the general public shall display in a prominent
place and in letters not less than two inches in height, a sign bearing the words "iced
milk sold here."
D. Ices, sherbets and similar frozen products in which water is the principal
ingredient but which contain a small amount of dairy products as a stabilizer or to
improve the texture, shall not be considered a dairy product and shall not be labeled or
sold as a dairy product or in imitation thereof.
3-627 Brands for butter; labeling of dairyproducts; restrictions on use
A. The associate director shall issue to each manufacturer of creamery butter
within the state, under such rules as to custody and use as the director may prescribe, a
uniform brand bearing a suitable device or motto, and the words "ARIZONA state brand
No._____," which shall be accorded a different number for each manufacturer and each
brand. The brand shall be used on the wrapper and on the outside of every package of
butter manufactured in the state from cream. The division shall keep a book in which
shall be registered the name, location and number of each manufacturer and the brand
assigned thereto.
B. Any dairy product sold or offered for sale shall be plainly and legibly labeled
upon the container thereof as to contents, grade or class, name of manufacturer and
whether produced within or without the state. Cheese shall bear a label on the cheese
itself or on the bandage thereof, but package cheese, when dispensed as such, may be
labeled on the package.
C. The weight or measure of any dairy product offered or exposed for sale shall be
plainly stamped on the package containing the product or on a tag attached thereto.
D. It is unlawful to use or permit the use of the brand prescribed by this section
on butter or on a package or wrapper containing butter from cream manufactured out of the
state.
3-628 Misbranding
A dairy product not bearing a label as prescribed by this article, or which displays
on a label or by reference, placard or advertisement, a symbol, letter, figure, word or
combination thereof indicating that the product is of a grade, class, quality or
composition other than its true grade, class, quality or composition, is misbranded.
3-629 Oleomargarine; sale; representation asbutter or milk product prohibited
A. It is unlawful to sell or serve oleomargarine or renovated or processed butter
in a manner other than prescribed by federal law.
B. No person shall sell or take orders for the delivery of oleomargarine or any
substance designed to be used as a substitute for butter or other milk product, under the
name of butter or other milk product, or under the pretense that it is butter or other
milk product.
C. No person shall sell or offer for sale any substance designed to be used as a
substitute for butter or other milk product unless it is distinctly labeled at the time
of the sale.
D. No person shall use in any manner in connection or association with the sale or
advertisement of oleomargarine or other substance designed to be used as a substitute for
butter, the word "butterine," "creamery" or "dairy," or the representation of a cow or of
any breed of dairy cattle, or any combination of the words and representations, or any
other word or symbol designed to convey the impression that the substance is a product of
milk or cream.
3-630 Adulterated products prohibited;exception; containers for poultry or stock feed; labeling
A. A person shall not produce, provide, sell, offer or expose for sale or have in
his possession with intent to sell real or trade products which are adulterated or
misbranded. The department shall be notified immediately:
1. If real or trade products are found to be adulterated.
2. Before moving or disposing of any adulterated real or trade products.
B. If the director has cause to believe that any real or trade products are
adulterated or misbranded and the adulteration or misbranding is dangerous or fraudulent,
the director shall:
1. Detain or embargo the product.
2. Affix a tag or other appropriate marking to the product or its container that:
(a) Gives notice that the product is, or is suspected to be, adulterated or
misbranded and has been detained or embargoed.
(b) Warns that it is unlawful for a person to remove or dispose of any detained or
embargoed real or trade product by sale or otherwise without permission of the director
or the court.
C. If the director finds that the detained or embargoed real or trade product is
not adulterated or misbranded, the director shall remove or cancel the tag or other
marking.
D. If the director finds that the detained or embargoed real or trade product is
adulterated or misbranded, the director, with the assistance of the attorney general or
county attorney, shall petition the superior court in the county in which the real or
trade product is detained or embargoed for an order condemning the product. The petition
shall be served in the manner required by the rules of civil procedure.
E. If the court finds that the detained or embargoed real or trade product is
adulterated or misbranded and the adulteration or misbranding cannot be corrected by
proper processing or labeling, it shall order the product to be destroyed at the expense
of the person whom the court finds violated subsection A, who shall also pay all court
costs and fees and storage and other proper expenses.
F. If the court finds that the detained or embargoed real or trade product is
adulterated or misbranded and the adulteration or misbranding can be corrected by proper
processing or labeling, it shall order the product to be returned to the person whom it
finds violated subsection A for corrective processing or labeling under the supervision
of the director. Before the adulterated or misbranded product is returned, the person
whom the court finds violated subsection A shall pay all court costs and fees and storage
and other expenses and execute a sufficient bond. The court shall release the product
from the supervision of the director and return the bond on notification by the director
that the product no longer violates this chapter.
G. If the director finds a perishable real or trade product that is unsound or
contains any filthy, decomposed or putrid substance, or which may be poisonous or present
an imminent health danger, the director shall promptly seize it and, unless he receives a
written protest to his action within five days, destroy it. If the director receives
such a written protest, he may petition the court as provided in subsection D for an
order condemning the product. The court shall give preference to an action brought under
this subsection and shall conduct a hearing as soon as practicable but in no event more
than ten days from the time the petition is filed with the court.
3-631 Restraint of competition prohibited;discrimination against localities prohibited; allowances
A person engaged in the business of buying milk, cream or butterfat, either by
himself or by another, shall not restrain in any manner open competition in the business,
nor discriminate between different sections of the state by purchasing or offering to
purchase milk, cream or butterfat at a higher price in one locality than that paid or
offered for the same commodity by the person in another locality, but allowance may be
made for the difference in the grade or quality of the commodity, and in the cost of
transportation from the place of purchase to the place of manufacture, sale or storage.
3-632 Unlawful acts
No person shall bring into the state, sell or offer for sale, milk or a milk product
not meeting the requirements of this article, nor shall a person purchasing dairy
products on the basis of butterfat content or weight, report false test or weight.
3-633 Enforcement duties of attorney generaland county attorneys
The department's legal counsel, the attorney general and the county attorney of each
county, upon request, shall advise the director in the performance of his duties, and
shall institute and prosecute all actions arising under this article.
3-634 Violation; classification; injunctiverelief; evidence of violation
A. A person violating any provision of this article is guilty of a class 2
misdemeanor unless another classification is specifically prescribed in this article.
B. If a person fails or refuses to comply with this article or any rule or order
adopted pursuant to this article, the director may apply to the superior court for a
temporary restraining order or preliminary or permanent injunction according to the
ARIZONA rules of civil procedure. A decision to seek injunctive relief does not preclude
other forms of relief or enforcement against the violator.
C. In an action or proceeding arising under this article, a determination that a
manufacturer or distributor has manufactured or disposed of a greater quantity of a given
grade of product than has been purchased or otherwise acquired shall be prima facie
evidence of a violation of this article.
3-661 Definitions
In this article, unless the context otherwise requires:
1. "Associate director" means the associate director of the division.
2. "Division" means the animal services division of the ARIZONA department of
agriculture.
3. "Label" means any display of written, printed or graphic matter on the immediate
container of any real or trade product, or any such matter affixed to any such product or
affixed to or appearing upon a package or wrapping containing any such product. For
purposes of this paragraph, "container" shall include the lid, cap, top or any other
removable or separable part, as well as the container itself.
4. "Real product" or "real milk product" means a dairy product which contains milk
solids-not-fat and which may contain milk fat, but in no event contains:
(a) Any other oils or fats.
(b) Any replacement or substitute for any part of the whole milk. A nutritious,
wholesome and healthful additive may be contained in such a product, provided such
additive is not a replacement or substitute for any part of the whole milk.
5. "Trade product" means a product which has the appearance, taste, smell, texture
or color of, but is not, a real product; which, taken as a whole, bears resemblance to or
is in imitation of a real product, or could be mistaken for a real product.
3-662 Manufacture or sale notprohibited
This article does not prohibit the manufacture or sale of:
1. Trade products complying with this chapter.
2. Proprietary foods containing milk or skim milk to which have been added any fat
or oil other than milk fat when such foods are clearly labeled to show their composition
and the fact that they are to be sold exclusively for use as directed by physicians for
the feeding of invalids and children.
3. Real products flavored with chocolate or cocoa, with the presence of cocoa fat
in an amount not exceeding that which is naturally present in the chocolate or cocoa
used.
4. Real products the vitamin content of which is increased with the presence of a
food oil as a carrier of such vitamins, where the quantity of such food oil does not
exceed one one-hundredth per cent of the weight of the finished real products.
3-663 Labeling and advertising
A. A trade product shall not be advertised, displayed for sale, or sold in any
manner or under any circumstances or conditions likely to mislead, deceive or confuse the
public into believing the product is a real product.
B. Real or trade products, wherever packaged, shall not be sold or distributed in
this state except in containers whose labels comply with federal regulations applicable
to interstate shipments of real or trade products.
3-665 Plant licensing
A. It is unlawful to engage in the manufacture of trade products unless a license
for the then current calendar year for each separate plant or place used for such
business is issued by the associate director pursuant to this section.
B. Each application for a license shall be in such form as the associate director
prescribes, and shall be accompanied by a fee of one hundred dollars. Where trade
products are manufactured in a milk distributing plant, the fee paid to license such
plant shall be applied to reduce the fee prescribed in this subsection.
C. The associate director shall issue to each applicant that satisfies the
requirements of this chapter a license which entitles the applicant to manufacture, sell,
or distribute trade products for the then current calendar year, unless the license is
sooner revoked or suspended.
D. The license shall expire at the end of each calendar year, but shall remain in
force during the month of January of the next succeeding year or such part of the month
as may be necessary for the renewal of the license.
E. It is unlawful for any person to sell, give away or deliver any trade product
which has been produced in a plant that is in an insanitary condition.
F. Grounds for revocation or suspension of such license shall be the manufacture of
trade products under unhealthful or insanitary conditions or in any manner which violates
the provisions of this chapter.
3-667 Rules and orders; delegation of duties;regulation of interstate products
A. The director shall adopt rules and orders that are necessary to carry out the
purposes of this article, and that he determines are necessary to protect the public
health and welfare, and to prevent deception or confusion among consumers. For labeling
purposes only, the associate director may divide into categories the various trade and
real milk products as being fluid milk, manufactured milk or food-predominantly-milk
products. Any duties vested in the associate director by this article and delegable
under law may be delegated by him to duly authorized employees or agents.
B. Notwithstanding any other provisions of this article, the director shall by rule
make provisions for the transportation into the state and subsequent sale of trade
products produced outside the state and labeled in accordance with federal law.
C. Notwithstanding any other provisions of this article, the director may by rule
waive any of the provisions of this article as they apply to trade products manufactured
for sale and distribution exclusively outside of this state, provided that the rules
contain provisions ensuring that the products will not be made available or sold to
consumers in this state.
D. All rules shall be adopted by the director only after open hearing at which
interested parties shall be permitted to be heard. Any person desiring actual notice of
the proposed enactment of rules shall notify the department in writing that he desires
such notice. Twenty days prior to the date of a hearing on any proposed rule, the
director shall send, by certified mail, a copy of the notice prescribed in section
41-l022 to each such person at the address supplied to the department.
3-669 Deposit of monies; appropriation
All monies received by the department for any purpose under this article shall be
deposited, pursuant to sections 35-146 and 35-147, in the state general
fund. Legislative appropriations for the administration of this article shall be as for
other state offices. 3-670 Violation; classification; injunctiverelief and penalty for contempt
A. Any person violating any provisions of this article or any rule or order adopted
in accordance with its provisions is guilty of a class 3 misdemeanor.
B. Upon the failure or refusal of a person to comply with the provisions of this
article or any rule or order adopted in accordance with its provisions, the director may
file an action in the superior court to restrain and enjoin the person from engaging in
further acts violating the provisions of this article or any rule or order. The court
shall proceed as in other actions for injunctions. A person found to be in contempt of
an injunctive order of the court is guilty of a class 3 misdemeanor. Each day shall
constitute a separate contempt.
3-671 Conformity
A. Where any conflict with any other provisions of this chapter shall occur, this
article shall control.
B. Where any conflict with federal law or federal regulations adopted in accordance
with federal law shall occur in this article, such federal law or regulations shall
control.
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