USA Statutes : arizona
Title : Agriculture
Chapter : SLAUGHTER OF ANIMALS AND SALE OF MEAT
3-2001 Definitions
In this chapter, unless the context otherwise requires:
1. "Adulterated" shall apply to any carcass, part thereof, meat or meat food
product under one or more of the following circumstances if:
(a) It bears or contains any poisonous or deleterious substance which may render it
injurious to health, but in case the substance is not an added substance, such article
shall not be considered adulterated if the quantity of such substance in or on such
article does not ordinarily render it injurious to health.
(b) It bears or contains, by reason of administration of any substance to the live
animal or otherwise, any added poisonous or added deleterious substance other than one
which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a
color additive which may in the judgment of the director or his authorized representative
make such article unfit for human food.
(c) It is, in whole or in part, a raw agricultural commodity and such commodity
bears or contains a pesticide chemical which is unsafe within the meaning of section 408
of the federal food, drug and cosmetic act, any food additive which is unsafe within the
meaning of section 409 of the federal food, drug and cosmetic act or any color additive
which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic
act. An article which is not otherwise deemed adulterated under this subdivision is
nevertheless deemed adulterated if use of the pesticide chemical, food additive or color
additive in or on such article is prohibited by rules of the director.
(d) It consists in whole or in part of any substance unfit for human food.
(e) It has been prepared, packed or held under unsanitary conditions whereby it may
have become contaminated with filth or whereby it may have been rendered injurious to
health.
(f) It is in whole or in part the product of any animal which has died otherwise
than by slaughter.
(g) Its container is composed in whole or in part of any poisonous or deleterious
substance which may render the contents injurious to health.
(h) It has been intentionally subjected to radiation, unless the use of the
radiation was in conformity with a regulation or exemption in effect pursuant to section
409 of the federal food, drug and cosmetic act.
(i) Any valuable constituent has been in whole or in part omitted or abstracted
therefrom, or if any substance has been substituted, wholly or in part therefor, or if
damage or inferiority has been concealed in any manner, or if any substance has been
added thereto or mixed or packed therewith so as to increase its bulk or weight, or
reduce its quality or strength, or make it appear better or of greater value than it is.
(j) It is margarine containing animal fat and any of the raw material used therein
consisted in whole or in part of any substance unfit for human food.
2. "ARIZONA inspected and passed" means the carcasses and parts of carcasses have
been inspected, stamped and passed in slaughtering establishments with state meat
inspection service, and the carcasses and parts of carcasses used by such a slaughtering
establishment or by a meat processor have been re-inspected and the operations in the
preparation of meat and meat food products have been approved in accordance with the
provisions of this chapter.
3. "Associate director" means the associate director of the division.
4. "Broker" means a person engaged in the business of buying or selling carcasses,
parts of carcasses, meat or meat food products of livestock on commission or otherwise
negotiating purchases or sales of such articles other than for his own account or as an
employee of another person.
5. "Carcass" means all parts, including viscera, of a slaughtered animal that are
capable of being used for human food.
6. "Chief veterinary meat inspector" means a qualified licensed veterinarian
appointed by the director to supervise the state meat inspection service for the state
and to carry out the provisions of this chapter.
7. "Condemned" means the carcass, the viscera, parts of carcasses, meat, meat
by-product or meat food products, so marked or identified, is unsound, unhealthful,
unwholesome or otherwise unfit for human food, or an animal which has been inspected and
found to be in a dying condition or affected with any other condition or disease that
would require condemnation of its carcass.
8. "Distributor" means a person, firm or corporation that is engaged in the
business of receiving carcasses, meat, meat food products, meat by-products, poultry or
poultry products from state or federally inspected establishments and storing and
distributing properly identified products to commercial outlets, processors or
individuals and that conducts no processing.
9. "Division" means the animal services division of the ARIZONA department of
agriculture.
10. "Establishment" means a mobile or stationary building, plant, vehicle or
structure where meat or meat food products are slaughtered or processed or offered for
sale.
11. "Exempt processor" means any person preparing for compensation carcasses, meat
or meat food products derived from the slaughter by any individual of cattle, sheep,
swine or goats, or game animals delivered by the owner for such processing and the
intrastate transportation of meat food products exclusively for use by the owner, his
family, members of his household, and his nonpaying guests and employees.
12. "Exempt slaughterer" means a person engaged for compensation in this state in
the business of slaughtering or dressing animals for human consumption which are not to
be sold or offered for sale.
13. "Inspector" includes chief veterinary meat inspector, veterinary meat inspector,
lay meat inspector, livestock officer or any other employee appointed by the associate
director, with the approval of the director, to carry out the purposes of this chapter,
the livestock laws and rules adopted thereunder.
14. "Lay meat inspector" means any person qualified by the chief veterinary meat
inspector and appointed by the associate director, with the approval of the director, to
work under the supervision of the chief veterinary meat inspector.
15. "Livestock officer" means a livestock officer employed by the department
pursuant to section 3-1208.
16. "Meat" means the edible part of the muscle of cattle, sheep, swine, goats or
equines which is skeletal or which is found in the tongue, in the diaphragm, in the heart
or in the esophagus, with or without the accompanying and overlying fat, and the portions
of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue
and which are not separated from it in the process of dressing. It does not include the
muscle found in the lips, snout or ears.
17. "Meat by-product" means any edible part other than meat which has been derived
from one or more cattle, sheep, goats, swine, horses, mules or other equines.
18. "Meat food product" means any article of food or any article intended for or
capable of being used as human food which is derived or prepared, in whole or in
substantial and definite part, from any portion of any cattle, sheep, swine, goats,
horses, mules or other equines, except such articles as organotherapeutic substances,
meat juice, meat extract, and the like, which are only for medicinal purposes and are
advertised only to the medical profession.
19. "Meat processor" means any person, including jobbers, wholesalers or
slaughtering establishments, who changes meat or meat food products in any way by
cutting, mixing, blending, canning, curing or otherwise preparing meat or meat food
products for human consumption.
20. "Meat wholesaler or jobber" means any person with an established place of
business who buys meat or meat food products and offers them for resale, for sale to
restaurants or for sale to the consuming public.
21. "Misbranded" shall apply to any carcass, part thereof, meat or meat food product
under one or more of the following circumstances, if:
(a) Its labeling is false or misleading in any particular.
(b) It is offered for sale under the name of another food.
(c) It is an imitation of another food, unless its label bears in contrasting
color, and in type of uniform size and prominence, the word "imitation" and immediately
thereafter, the name of the food imitated.
(d) Its container is so made, formed or filled as to be misleading.
(e) In a package or other container unless it bears a label showing the name and
place of business of the manufacturer, packer or distributor and an accurate statement of
the quantity of the contents in terms of weight, measure or numerical count, provided
that reasonable variations may be permitted, and exemptions as to small packages or
articles not in packages or other containers may be established, by rules prescribed by
the director.
(f) Any word, statement or other information required to appear on the label or
other labeling is not prominently placed thereon with such conspicuousness, as compared
with other words, statements, designs or devices in the labeling, and in such terms as to
render it likely to be read and understood by the ordinary individual under customary
conditions of purchase and use.
(g) It purports to be or is represented as a food for which a definition and
standard of identity or composition has been prescribed by rules of the director unless
it conforms to such definition and standard, and its label bears the name of the food
specified in the definition and standard and, insofar as may be required by such rules,
the common names of optional ingredients, other than spices, flavoring and coloring,
present in such food.
(h) It purports to be or is represented as a food for which a standard or standards
of fill of container have been prescribed by rules of the director and it falls below the
standard of fill of container, unless its label bears, in such manner and form as such
rules specify, a statement that it falls below such standard.
(i) It is not subject to the provisions of subdivision (g), unless its label bears
both:
(i) The common or usual name of the food, if any.
(ii) In case it is fabricated from two or more ingredients, the common or usual
name of each such ingredient, except that spices, flavorings and colorings may, when
authorized by the department, be designated as spices, flavorings and colorings without
naming each. To the extent that compliance with the requirements of this item is
impracticable, or results in deception or unfair competition, exemptions shall be
established by rules of the director.
(j) It purports to be or is represented for special dietary uses, unless its label
bears such information concerning its vitamin, mineral and other dietary properties as
the director, after consultation with the secretary of health and human services of the
United States, determines to be and by rules prescribes as necessary in order fully to
inform purchasers as to its value for such uses.
(k) It bears or contains any artificial flavoring, artificial coloring or chemical
preservative, unless it bears labeling stating that fact. To the extent that compliance
with the requirements of this subdivision is impracticable, exemptions shall be
established by rules of the director.
(l) It fails to bear directly thereon or on its containers, as the director may by
rules prescribe, the inspection legend and, unrestricted by any of the foregoing, such
other information as the director may require in such rules to assure that it will not
have false or misleading labeling and that the public will be informed of the manner of
handling required to maintain the article in a wholesome condition.
22. "Peddler" means any person without an established place of business who buys
meat or meat food products and offers them for resale, for sale to restaurants or for
sale to the consuming public.
23. "Restaurant" means any person who cooks or otherwise prepares and serves meat or
meat food products for consumption by the ultimate consumer.
24. "Retailer" means any person other than a restaurant who sells meat or meat food
products to the ultimate consumer.
25. "Slaughter" means to kill cattle, sheep, swine, goats, horses, mules or other
equines and to prepare the carcasses or parts of carcasses for human consumption.
26. "Slaughterer" means any person who slaughters cattle, sheep, swine, goats,
horses, mules or other equines in a slaughtering establishment and prepares the carcasses
or parts of carcasses for human consumption.
27. "Slaughtering establishment", "slaughterhouse" or "slaughtering plant" includes
all premises where animals are slaughtered and prepared for food purposes.
28. "State meat inspection service" means the meat inspection provided in sections
3-2041 through 3-2047 and sections 3-2049, 3-2051 and 3-2052, providing approved
slaughtering plants with inspectors during all periods of slaughter to conduct antemortem
and postmortem inspections of all cattle, sheep, swine, goats, horses, mules or other
equines slaughtered.
29. "Veterinary meat inspector" means a qualified licensed veterinarian appointed by
the associate director, with the director's approval, to work under the direction of the
chief veterinary meat inspector.

3-2002 Application for license to slaughter
Every person, including an exempt slaughterer, before he begins or carries on the
slaughter of livestock, sheep, goats or swine for compensation, shall make written
application to the division for a license to slaughter, stating that the applicant will
comply with the law and will not slaughter animals, or sell, exchange, or expose for sale
the meat thereof, except in conformity with the law relating thereto and the rules of the
director.

3-2003 Grant of licenses; fees; expiration date
A. The division may grant a license to slaughter livestock, sheep, goats or swine
as set forth in the license issued upon payment of the fees and presentation of proof
that the applicant is law-abiding, trustworthy and of good moral character.
B. The fees shall be as follows:
1. For not to exceed forty-five head of livestock, and not to exceed fifty-five
head of sheep, goats or swine in one calendar year, five dollars.
2. For more than forty-five and not to exceed one hundred fifty head of livestock
and more than forty-five and not to exceed one hundred sixty head of sheep, goats or
swine in one calendar year, fifteen dollars.
3. For more than one hundred fifty head of livestock and more than one hundred
sixty head of sheep, goats or swine in any one calendar year, eighty dollars.
C. Licenses issued under the provisions of this section shall expire on December 31
of the year in which issued.

3-2004 Place of slaughter
Every person licensed to slaughter livestock, sheep, goats, swine, horses, mules or
other equines for sale or exchange shall slaughter animals in an established and
recognized slaughterhouse kept by the licensee for that purpose, or in a slaughterhouse
established by the authorities of a city or town.

3-2005 Licensee's record of animals purchased or slaughtered; monthly copy for the department; violation; classification
A. Every person licensed to slaughter livestock, sheep, goats, swine or equines
shall keep an accurate record in a book maintained for that purpose of all such animals
purchased or slaughtered. The record shall include a description of all animals
purchased or slaughtered, the marks and brands, if any, the name and residence of the
person from whom purchased and the date of such purchase. The licensee shall at the end
of each month make a true copy of the record for that month, which he shall keep on his
premises for one year.
B. A person who knowingly fails to keep the record required by this section, or who
refuses to exhibit it to an inspector or other authorized representative of the
department who demands that it be exhibited, is guilty of a petty offense.

3-2006 Preslaughter brand inspection of hides
A. Every person licensed as an exempt slaughterer of livestock, sheep, goats or
equines shall, before slaughter, notify the nearest livestock officer of the location of
the slaughter and the time it is proposed to slaughter the animals.
B. Livestock shall not be slaughtered until the animals have been inspected, unless
inspection before slaughter is waived by the associate director. When livestock are
slaughtered, the livestock officer shall inspect the hides for brands and marks, and tag
or mark the same in the manner established by the division, unless such tagging or
marking is waived by the associate director.

3-2007 Purchase of uninspected hide; classification; exception
It is unlawful to purchase or otherwise acquire possession of a hide of any
livestock until the hide has been inspected for brands and marks. Possession of an
untagged or unmarked hide upon which the tagging or marking has not been waived by the
director is a class 2 misdemeanor unless the person possessing the hide can show that it
was taken from an animal owned by him at the time of slaughter or after death, or that he
had written authority from the owner to remove the hide from the carcass.

3-2008 Receiving uninspected hides for transportation; sale of uninspected hides; classification
A. It is unlawful for a person to receive for transportation hides of livestock
until they have been brand inspected, and it is unlawful for any person to sell hides of
livestock until they have been brand inspected, unless such brand inspection is waived by
the director.
B. A person violating this section is guilty of a class 3 misdemeanor.

3-2009 Transfer of license without fee
If a person who is a licensee under the provisions of this article sells or
otherwise disposes of his slaughtering business, together with the goodwill thereof, and
the purchaser or transferee continues the business at the same location, substantially in
the same manner and under the same business name as it was conducted by the seller, the
license of the original licensee may be transferred to the new owner without payment of a
license fee if the new owner submits to the division:
1. An affidavit stating, under penalty of perjury, that the new owner will comply
with the law and will not slaughter animals or sell, exchange or expose meat for sale
except according to law and the rules of the director.
2. Evidence that the new owner is law-abiding, trustworthy and of good moral
character.

3-2010 Identification of animals with drug residue; violation; classification
A. The owner of an animal which has been treated with an antibiotic which has a
specific withdrawal period shall not market the animal for slaughter or through a
livestock auction unless either:
1. The stated withdrawal period has expired.
2. The animal is identified and the restrictions disclosed to all potential buyers.
B. A producer who has been notified and is currently under United States department
of agriculture restrictions for residue violations shall disclose that fact and identify
animals he markets. Such a producer may certify that the animal has undergone the
prescribed withdrawal period required for slaughter.
C. The identification prescribed by subsections A and B shall accompany the animal
for at least thirty days or until it is slaughtered.
D. The division shall determine the method for identifying animals as required by
this section.
E. A person who violates this section is guilty of a class 2 misdemeanor.

3-2011 Slaughter of animals by producer or owner for own use; inspection of hides; violation; classification
A. Producers or owners who slaughter livestock, sheep, goats, swine or equines for
the purpose of using the meat for food for themselves, their immediate family or
employees, and not for sale, shall not be required to procure a special permit or a
license to slaughter as required by this article, but the whole hide of all livestock so
slaughtered, except swine, shall be hung in a conspicuous place on the premises of the
producer or owner and kept there until the hide has been inspected and marked or tagged
by a livestock officer. The meat from the livestock so slaughtered shall not be removed
from the premises of the producer or owner without being stamped "not for sale" by the
livestock officer.
B. A person other than the owner or producer who slaughters livestock described in
subsection A shall keep the whole hide of all livestock so slaughtered except swine until
the hide has been inspected and marked or tagged by a livestock officer and the meat from
the livestock so slaughtered has been stamped "not for sale" by the livestock officer.
C. Every person who slaughters livestock of another as described in subsection B
shall be licensed pursuant to rules of the director.
D. A person failing to comply with this section is guilty of a class 2 misdemeanor.


3-2012 Secreting hide; defacement of mark or brand; classification
A person who knowingly secretes a hide of livestock, or who, before a hide is
inspected, knowingly obliterates or defaces any mark or brand on a hide, is guilty of a
class 2 misdemeanor.

3-2013 Slaughter of animals for compensation without license; classification
A person slaughtering any livestock, sheep, goats, swine, horses, mules or other
equines, for compensation without first procuring a license to slaughter as provided in
this article, is guilty of a class 2 misdemeanor.

3-2014 Limitation
A. Nothing in this chapter shall be construed to modify or repeal any provision of
title 36, chapter 8, article 1, relating to adulteration and misbranding.
B. Nothing in this chapter shall be construed to modify or repeal any provision of
title 36, chapter 1, relating to local boards and departments of health and the
department of health services.

3-2015 Cooperation with federal government
A. The director may cooperate with the secretary of agriculture of the United
States in order to administer the provisions of this chapter in conjunction with the
federal meat inspection act. Such cooperative efforts may include assistance in planning
and otherwise developing the state program, technical and laboratory assistance and
training and financial and other aid for the administration of the cooperative effort.
B. For the purposes prescribed by the terms of subsection A, the department may
accept and expend federal funds.

3-2016 Methods of slaughtering which are humane
No method of slaughtering or handling in connection with slaughtering shall be
deemed to comply with the public policy of the state of ARIZONA unless it is
humane. Either of the following two methods of slaughtering and handling are hereby
found to be humane:
1. In the case of cattle, calves, horses, mules, sheep, swine, and other livestock,
all animals are rendered insensible to pain by a single blow or gunshot or an electrical,
chemical or other means that is rapid and effective, before being shackled, hoisted,
thrown, cast, or cut.
2. By slaughtering in accordance with the ritual requirements of the Jewish faith
or any other religious faith that prescribes a method of slaughter whereby the animal
suffers loss of consciousness by anemia of the brain caused by the simultaneous and
instantaneous severance of the carotid arteries with a sharp instrument.

3-2017 Exemption
A. No slaughterer, packer or stockyard operator shall bleed or slaughter any
livestock except by a humane method, provided, that the chief state veterinary meat
inspector may, by administrative order, exempt from compliance with this article, for a
period not to exceed one year after the effective date of this article, any slaughterer,
packer or stockyard operator if he finds that an earlier compliance would cause such
person an undue hardship.
B. No person slaughtering or butchering any livestock for his own use shall be
subject to any of the provisions of this article.

3-2041 Chief veterinary meat inspector; appointment of inspectors; qualifications; bond
A. The associate director, with the approval of the director, shall employ an
ARIZONA licensed veterinarian as chief veterinary meat inspector. The chief veterinary
meat inspector must have at least four years' experience of meat inspection work in
slaughtering establishments. The duties of the chief veterinary meat inspector shall be
to supervise the state meat inspection service and enforce and efficiently carry out the
provisions of this chapter, so as to assure the public that only pure and wholesome meats
are offered for sale.
B. Upon qualification by the chief veterinary meat inspector, the associate
director, with the director's approval, shall employ veterinary meat inspectors and lay
meat inspectors who shall be responsible to the chief veterinary meat inspector and who
shall conduct antemortem and postmortem inspections, enforce sanitary requirements,
perform other duties necessary to conduct proper meat inspection and carry out the
provisions of this chapter. The director may also assign personnel from the office of
inspections to perform inspections under this chapter under the supervision of the chief
veterinary meat inspector.
C. An inspector assigned to a slaughtering establishment with state meat inspection
service shall neither be related to the management of such establishment nor have a
financial interest therein.
D. Each inspector shall take the oath of office.

3-2042 Inspection stamps and establishment numbers
A. The division shall provide meat inspection stamps and assign establishment
numbers to all slaughtering establishments which have been approved and granted state
meat inspection service by the division, and the stamps shall contain the words "ARIZONA
inspected and passed" or "ARIZONA inspected and condemned". The division shall also
provide meat inspection stamps and assign establishment numbers to all meat processors
which have been approved in accordance with the requirements as provided in section
3-2054, and the stamps shall also contain the words "ARIZONA inspected and passed" or
"ARIZONA inspected and condemned". The inspection stamps shall be designed so as not to
be in conflict with the inspection stamps of the United States department of agriculture.
B. Approved slaughtering establishments with state meat inspection service and
establishment numbers, and meat processors with assigned establishment numbers, shall use
the inspection stamps on their processed meats and meat food products offered for sale.
C. The meat inspection stamps shall at all times be under the immediate
jurisdiction of the meat inspector.

3-2043 Assignment of inspectors
Slaughtering establishments granted state meat inspection service shall notify the
chief veterinary meat inspector of their hours of slaughter, and the chief veterinary
meat inspector shall assign inspectors to said establishments to conduct meat
inspection. The chief veterinary meat inspector may assign one inspector to conduct
inspection at two or more slaughtering establishments having state meat inspection
service where the animals slaughtered are less than one hundred head per week at each
establishment. The hours of the day and the days of the week shall be satisfactorily
arranged with the slaughtering establishments so that the inspector is present at each
establishment during all periods of slaughter. Slaughtering establishments wishing to
slaughter in excess of eight hours in any one day or slaughter on holidays or Sundays may
do so, and the chief veterinary meat inspector shall assign an inspector to conduct meat
inspection. Slaughtering establishments shall pay fees to the department when such
services are provided commensurate with actual wages incurred. No slaughtering
establishment with state meat inspection service is permitted to slaughter any cattle,
sheep, swine, goats, horses, mules or other equines unless there is an assigned inspector
on the premises of the establishment during all periods of slaughter.

3-2044 Antemortem and postmortem inspection
A. Slaughtering establishments which have state meat inspection service shall have
an "antemortem inspection". The inspector assigned to the slaughtering establishment
shall examine each animal immediately prior to slaughter for the purpose of eliminating
all unfit animals and segregating, for more thorough examination, all animals suspected
of being affected with a condition which might influence their disposition on postmortem
inspection. The unfit animals shall not be permitted to enter the slaughtering
department of the plant, and the suspected animals shall not be permitted to enter the
slaughtering department until they have been found by veterinary inspection to be fit for
slaughter. The suspected animals that are permitted to be slaughtered shall be handled
separate and apart from the regular kill and given a special postmortem examination.
B. Slaughtering establishments which have state meat inspection service shall have
a "postmortem inspection". The postmortem examination shall be made at the time the
animals are slaughtered. The inspectors shall examine the cervical lymph glands, the
skeletal lymph glands, the viscera and organs with their lymph glands, and all exposed
surfaces of the carcasses of all cattle, calves, sheep, swine, goats, horses, mules or
other equines. The examination shall be conducted in the slaughtering department of the
plant during the slaughtering operations.
C. The chief veterinary meat inspector or any of his deputies shall have a state or
federal laboratory make pathogenic examination of animals or parts thereof for completion
of antemortem or postmortem inspection.

3-2045 Condemnation and appeal
The inspector at slaughtering establishments with state meat inspection service
shall condemn and so mark, stamp or tag all diseased or otherwise unfit carcasses and
parts of carcasses, including the viscera. The condemned parts shall be removed from the
slaughtering department of the plant in equipment designated for that purpose and shall
be destroyed for food purposes under the supervision of the inspector. If any
slaughtering establishment wishes to appeal a decision of an inspector as to carcasses or
parts of carcasses which have been condemned, the establishment may appeal the decision
to the chief veterinary meat inspector. If such establishment is not satisfied and wishes
to make a further appeal, it may submit such appeal to the director. Except as provided
in section 41-1092.08, subsection H, final decisions of the director are subject to
judicial review pursuant to title 12, chapter 7, article 6.

3-2046 Meat inspection rules; violation; classification
A. The director shall adopt reasonable rules necessary to assure that all meat and
meat products subject to inspection under this article which are to be 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 provide
reasonably necessary measures governing the production, processing, labeling, storing,
handling and transportation of such products. The rules shall prescribe minimum
standards for the sanitary facilities and conditions which shall be maintained at any
plant, packing house or abattoir and in any truck or other vehicle in which meat or meat
products are produced, processed, stored, handled or transported.
B. The director upon the advice of the chief veterinary meat inspector shall adopt
reasonable rules, including, but not limited to, what the antemortem and postmortem
inspection shall consist of, to carry out the purposes of this chapter. The rules shall
conform so far as possible to the rules governing meat inspection of the United States
department of agriculture. To the extent deemed appropriate by the director the rules
may incorporate by reference existing federal meat inspection regulations, but in no case
shall the rules exceed the requirements of the United States department of
agriculture. All rules adopted to implement this section shall be adopted in compliance
with title 41, chapter 6.

3-2047 Application for state meat inspection service
Any slaughtering establishment which wishes to conduct its slaughtering operations
under state meat inspection service shall apply to the division for a license to
slaughter as provided in section 3-2002. Establishments shall then make written
application to the division requesting state meat inspection service. The associate
director upon receipt of the application shall request the chief veterinary meat
inspector to make an inspection of the premises of the slaughtering establishment making
application. If the establishment is found clean and sanitary and meets the requirements
of the provisions of this chapter, the associate director shall authorize the granting of
state meat inspection service to the applicant. The division shall then assign an
official establishment number to the approved slaughtering establishment to be used to
mark the meat of the carcass and parts of carcasses which are offered for sale.

3-2048 Inspection of slaughtering establishments without state meat inspection service
The chief veterinary meat inspector or his deputies are authorized to inspect the
premises of all other slaughtering establishments operating without state meat inspection
service at any time during their slaughtering operations. At least two inspections shall
be made each year and additional inspections may be made if it is deemed necessary. If
any slaughtering establishment is found to be unsanitary or conducting its slaughtering
operations in an unsanitary or unwholesome manner so as to endanger the public health, or
slaughtering animals unfit for human consumption, the associate director may suspend or
revoke the license to slaughter as provided in section 3-1206. This section shall not in
any way alter the powers of the department of health services in connection with
slaughtering establishments.

3-2049 Inspection fees
A. The cost of inspection shall be borne by this state, except as provided in
section 3-2015 and except that the cost of overtime and holiday work performed in
establishments subject to the provisions of this chapter, at such rates as the division
may determine, shall be borne by such establishments. Sums received by the department in
reimbursement for sums paid out by it for such premium pay work shall be available to
carry out the purposes of this section.
B. Any slaughtering establishment or meat processor may request in writing a
hearing to determine the reasonableness or unreasonableness of the inspection fees
required. A hearing officer shall conduct these hearings.
C. Inspection of meat and meat by-products for animal food which require a
certificate or seal may be performed after payment of a reasonable fee.
D. All monies collected by the department shall be deposited, pursuant to sections
35-146 and 35-147, in the state general fund. 3-2050 Requirements for exempt processors
All exempt processors shall be licensed by the division pursuant to section 3-2003
and shall operate in a clean and sanitary condition during all periods of operation. The
following are the minimum requirements for such establishments:
1. Each establishment shall have sanitary floors impervious to water.
2. All outside windows and doors shall be screened adequately and effectively.
3. There shall be an adequate supply of potable water and it shall conform with the
minimum requirements of the department of health services.
4. There shall be an adequate sewage disposal system of such a type as not to be a
breeding place for flies and not to constitute a hazard or to endanger public health and
it shall conform with the minimum requirements of the department of health services.
5. The establishment shall be kept in a sanitary condition during all periods of
slaughter.

3-2051 Requirements for slaughtering establishments with state meat inspection service
A. All slaughtering establishments licensed by this state to slaughter cattle,
sheep, swine, goats, horses, mules or other equines and which operate under state meat
inspection service shall be kept in a clean and sanitary condition during all periods of
operation. The following are the minimum requirements for such slaughtering
establishments:
1. There shall be ample potable hot and cold water with adequate facilities for its
distribution in the plant and it shall conform with the minimum requirements of the
department of health services. The hot water shall be not less than one hundred eighty
degrees Fahrenheit and shall be furnished and used for the cleaning of inspection
equipment and other equipment, floors and walls.
2. There shall be an efficient drainage and plumbing system for the plant and there
shall be an adequate sewage disposal system of such a type as not to be a breeding place
for flies and not to constitute a hazard or to endanger public health. Both systems
shall conform with the minimum requirements of the department of health services.
3. The floors, walls, ceilings, partitions, posts, doors and other parts of all
structures shall be of such materials, construction and finish as will make them
susceptible of being readily and thoroughly cleaned. The floors shall be tile, cement or
a type to be impervious to water and shall have adequate drainage.
4. All outside windows and doors shall be adequately and effectively screened.
5. There shall be adequate lighting, natural or artificial, of good quality and
well-distributed and sufficient ventilation for all rooms to insure sanitary conditions.
6. The slaughtering establishment shall be kept free from flies, rats, mice and
other vermin. Dogs and cats shall be excluded from the plants.
7. There shall be provided tables, benches and other equipment on which inspection
is performed so as to enable inspectors to conduct their inspection in an efficient,
clean manner. Racks, receptacles, paunch trucks or other suitable devices for retaining
such parts as the head, tongue, tail, thymus gland and viscera to enable the inspectors
to properly conduct a postmortem examination shall also be provided.
8. Each slaughtering establishment shall have sufficient numbers of beef shrouds so
that they may be laundered and cleaned between each use.
9. Each slaughtering establishment shall have a bleeding rail and hoist of such a
construction that there will result proper bleeding after slaughter.
10. Each slaughtering establishment shall provide toilets, wash basins, towels, hot
and cold running water and soap for their employees with separate facilities when both
sexes are employed. Toilets and wash basins shall be kept in a sanitary condition. The
rooms in which the toilet facilities are located shall be properly ventilated and shall
be separated from the rooms in which animals are slaughtered and meat or meat food
products are prepared.
11. Slaughtering establishments shall meet the requirements prescribed by this
section and in addition shall comply with the building requirements of the federal meat
inspection service.
B. All slaughtering establishments engaged in the sale of meat for human
consumption shall be under the inspection service of either this state or the federal
government.

3-2052 Construction and remodeling of slaughtering establishments
A. Any person wishing to construct a slaughtering establishment and wishing to be
granted state meat inspection service shall submit his proposed plant architectural
drawings to the chief veterinary meat inspector who shall examine them and advise as to
whether or not the plans meet the requirements of this chapter and whether they conform
with the minimum requirements of the department.
B. Slaughtering establishments which have been granted state meat inspection
service and which intend to do any remodeling of their slaughtering facilities shall
submit their architectural drawings of such proposed remodeling to the chief veterinary
meat inspector who shall examine them and advise as to whether or not the plans meet the
requirements of this chapter and whether they conform with the minimum requirements of
the department.

3-2053 Slaughtering and mixing prohibition
A. It is unlawful to slaughter horses, mules or asses in the same slaughtering
establishment as cattle, sheep, swine or goats, or to bring horse meat or inedible meat
or meat products into establishments where meat or meat food products are prepared for
human consumption from the meat of cattle, sheep, goats or swine.
B. It is unlawful to add horse meat to meat or meat food products prepared from the
meat of cattle, sheep, goats or swine.

3-2054 Requirements for meat processors
A. Establishment of meat processors licensed to prepare and offer for sale meat or
meat food products shall meet the following requirements:
1. The floors shall be of suitable finish so that they may be kept clean and
sanitary.
2. There shall be washable walls.
3. All outside windows and doors shall be screened.
4. There shall be adequate potable water conforming with the minimum requirements
of the department of health services.
5. Employees shall be provided with adequate toilet and hand washing facilities
with both hot and cold running water and separate facilities when both sexes are
employed.
6. There shall be an adequate sewage disposal system of such type that it shall not
be a breeding place for flies and shall not constitute a hazard or endanger public health
and it shall conform with the minimum requirements of the department of health services.
B. All such processing establishments shall be maintained in a sanitary condition
and the plant and premises shall be subject to inspection by the chief veterinary meat
inspector or his deputies at any time during their operation, whether it be by day or
night, and to every part of such establishment. At least one inspection shall be made
daily and additional inspections may be made if it is deemed necessary. If such premises
are found to be in an unsanitary condition or the operations are being conducted in an
unsanitary manner so as to endanger public health, the associate director may suspend or
revoke the license of the processing establishment as provided in section 3-1206. Meat
processors are not subject to overtime fees for inspections under this section.
C. Any meat processor other than a slaughtering establishment which wishes to be
assigned an establishment number shall make a written application to the division for a
number. The division upon receipt of the application shall request the chief veterinary
meat inspector to make an inspection of the premises of the meat processor. If the
establishment is found clean and sanitary and meets the requirements of subsection A of
this section, the associate director shall authorize the granting of an establishment
number to the applicant. Applicants granted the use of an establishment number shall:
1. Have a daily inspection visit by the chief veterinary meat inspector or one of
his deputies.
2. Allow all meats used for processing to be subjected to reinspection and
condemnation in whole or in part, if necessary.
3. Permit the inspectors to inspect all the operations in the processing of meat
and meat food products so as to assure that such operations are being conducted in a
clean and wholesome manner and in conformity with the provisions of this chapter.
4. Use only "ARIZONA inspected and passed" meats or United States department of
agriculture inspected and passed meats in the preparation of all meat and meat food
products.
D. A slaughtering establishment with state meat inspection service which processes
meat or meat food products shall:
1. Allow all meats used for processing to be subjected to reinspection and
condemnation in whole or in part, if necessary.
2. Permit the inspectors to inspect all the operations in the processing of meat
and meat food products so as to assure that such operations are being conducted in a
clean and wholesome manner and in conformity with the provisions of this chapter.
3. Use only "ARIZONA inspected and passed" meats or United States department of
agriculture inspected and passed meats in the preparation of all meat and meat food
products.

3-2055 Cooperation with other public health authorities
A. In carrying out the provisions of this chapter the director shall request the
advice of and consult with the sanitary engineer or other qualified employees of the
department of health services and the state laboratory in matters relating to potability
of water, sewage systems and other sanitary conditions of slaughtering and meat
processing establishments which might endanger public health.
B. In carrying out the provisions of this chapter, the associate director shall
require the chief veterinary meat inspector or any of his deputies to advise him when any
licensee in the opinion of such inspector fails to meet the minimum requirements of the
department. The associate director may make an inspection of such premises, and if he
confirms the findings of the chief veterinary meat inspector or the inspector's deputies,
the associate director shall serve notice that the licensee's license to slaughter, state
meat inspection service or assignment number will be suspended as provided in section
3-2096.
C. In carrying out the provisions of this chapter the director shall require the
chief veterinary meat inspector, or any of his deputies, to advise the department of
health services when any licensee, in the opinion of such inspector, fails to meet the
minimum requirements of the department of health services. The department of health
services may send its proper public health officer to make an inspection of such
premises. If the department of health services inspector confirms the findings of the
chief veterinary meat inspector or the inspector's deputies, the associate director shall
serve notice that the licensee's license to slaughter, state meat inspection service or
assignment number will be suspended as provided in section 3-2096.
D. The department shall cooperate with all state, local and municipal health
authorities in requiring all slaughtering establishments and meat processing plants to
maintain sewage systems which shall not contaminate water supplies and shall not endanger
public health.

3-2056 Inspection of meat; reentry inspection
A. All meat sold within this state shall be inspected by the department or the
United States department of agriculture.
B. All meat or meat food products which may be brought into any slaughtering, meat
canning, salting, packing, rendering or similar establishment shall be inspected for
wholesomeness, cleanliness and markings by the agency or the United States department of
agriculture before use. This inspection shall be made to all such products which, after
having been issued from any slaughtering, meat canning, salting, packing, rendering or
similar establishment, shall be returned to the same or to any similar establishment
where such inspection is maintained.

3-2057 Transportation of meat
No person, firm or corporation shall, with respect to any cattle, sheep, swine,
goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or
meat food products of any such animals:
1. Slaughter any such animals or prepare any such articles which are capable of use
as human food at any establishment preparing any such articles for intrastate commerce,
except in compliance with the requirements of this chapter.
2. Sell, transport, offer for sale or transportation, or receive for transportation
in intrastate commerce any such articles which are capable of use as human food and are
adulterated or misbranded at the time of such sale, transportation, offer for sale or
transportation or receipt for transportation, or any articles required to be inspected
under this title unless they have been so inspected and passed.
3. Do, with respect to any such articles which are capable of use as human food,
any act while they are being transported in intrastate commerce or held for sale after
such transportation, which is intended to cause or has the effect of causing such
articles to be adulterated or misbranded.

3-2058 Inspection of sanitation
The director shall cause to be made, by experts in sanitation or by other competent
inspectors, such inspection of all slaughtering, meat-canning, salting, packing,
rendering or similar establishments in which cattle, sheep, swine, goats, horses, mules
and other equines are slaughtered and the meat and meat food products thereof are
prepared for sale as may be necessary to determine the sanitary conditions of the
establishment, and to prescribe the rules of sanitation under which such establishments
shall be maintained. If the sanitary conditions of any such establishment are such that
the meat or meat food products are rendered adulterated, the director shall refuse to
allow such meat or meat food products to be labeled, marked, stamped or tagged as
"inspected and passed."

3-2081 Licenses for sale or exchange of meat or poultry; fee; records kept by licensee; expiration of license; violation; classification
A. A person, firm or corporation that engages in the business of meat or poultry
processing, wholesaling, storing in or for intrastate commerce, transporting in
intrastate commerce, distributing, jobbing or brokering other than canned meat or poultry
or canned meat or poultry products, except a home consumer, shall, before offering such
meat or poultry or meat or poultry food products for sale or exchange, after complying
with the minimum requirements of the director, procure a license from the division, for
which he shall pay an annual license fee of ten dollars for each place of business,
store, stand, market or vehicle in or from which the meat is to be sold or exchanged and
shall keep a record of the name and address of each person from whom the licensee
obtained such meat or meat food products, the date of purchase, quantity and kind of meat
purchased and time and place of purchase. Upon request by an inspector or peace officer,
the licensee shall exhibit the record to him. The record shall be retained for one year.
B. All licenses issued under the provisions of this article shall expire on
December 31 of the year in which issued.
C. The following persons, firms and corporations shall keep such records as will
fully and correctly disclose all transactions involved in their businesses and all
persons, firms and corporations subject to such requirements shall at all reasonable
times upon notice by a duly authorized representative of the department afford such
representative access to their places of business and opportunity to examine the
facilities and inventory and to take reasonable samples of their inventory upon payment
of the fair market value:
1. Any persons, firms or corporations that engage in the business of slaughtering
any cattle, sheep, swine, goats, horses, mules or other equines or preparing, freezing,
packaging or labeling any carcasses or parts or products of carcasses of any such animals
for use as human food or animal food.
2. Any persons, firms or corporations that engage in the business of buying or
selling as meat brokers, wholesalers or otherwise or transporting or storing or importing
any carcasses or parts or products of carcasses of any such animals.
3. Any persons, firms or corporations that engage in business as renderers or
engage in the business of buying, selling, transporting or importing any dead, dying,
disabled or diseased cattle, sheep, swine, goats, horses, mules or other equines or parts
of the carcasses of any such animals that died otherwise than by slaughter.
D. Any record required to be maintained by this section shall be maintained for
such period of time as the director may by rules prescribe.
E. A person violating any provision of this section is guilty of a class 2
misdemeanor.

3-2082 Brand inspection of hides; violation; classification
A. The meat of livestock shall not be possessed, sold, offered for sale, given or
exchanged unless the whole hide of the animal has been inspected for marks and brands and
the meat thereof stamped as provided in this section, unless such hide inspection and
meat stamping is waived by the director.
B. The hide of the animal shall be inspected for brands and marks and the hide
marked as provided by the associate director so that it may be identified. The meat of
the carcass shall be stamped "brand inspected" upon the hind quarter, side, shoulder,
neck and shank of both sides of the carcass with a stamp adopted and furnished by the
division.
C. This section shall not apply to producers who slaughter livestock for the
purpose of using the meat as food for themselves or their immediate family or employees,
nor shall this section be construed to require that meat bearing a federal or state meat
inspection stamp be stamped as provided in this section unless the possessor so desires.
D. A person who violates any provision of this section is guilty of a class 2
misdemeanor.

3-2083 Authority of inspector to search for and seize unstamped meat
Inspectors may stop and search without warrant any vehicle, and may search without
warrant any container which the inspector suspects contains unstamped meat, and if any is
found it shall be taken by the inspector. Unless proof is submitted within twenty-four
hours after such seizure which satisfies the inspector that the person from whom the meat
was taken is the lawful owner thereof, such meat shall be forfeited to the state and sold
or disposed of by the agency.

3-2084 Detention of product
Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep,
swine, goats, horses, mules or other equines, or any product exempted from the definition
of a meat food product, or any dead, dying, disabled or diseased cattle, sheep, swine,
goat or equine is found by any authorized representatives of the department upon any
premises where it is held for purposes of, or during or after distribution in, intrastate
commerce, and there is reason to believe that any such article is adulterated or
misbranded and is capable of use as human food, or that it has not been inspected, in
violation of this or any other state or federal law or that it has been or is intended to
be distributed in violation of any such provisions, it may be detained by such
representative for a period of not to exceed twenty days, pending action under section
3-2085 or notification of any federal, state or other governmental authority having
jurisdiction over such article or animal, and shall not be moved by any person from the
place at which it is located when so detained until released by such representative. All
official marks may be required by such representative to be removed from such article or
animal before it is released unless it appears to the satisfaction of the division that
the article or animal is eligible to retain such marks.

3-2085 Condemnation of product
A. Any carcass, part of a carcass, meat or meat food product of cattle, sheep,
swine, goats, horses, mules or other equines, or any dead, dying, disabled or diseased
cattle, sheep, swine, goat or equine, that is being transported in intrastate commerce,
or is held for sale in this state after such transportation, and is or has been
processed, sold, transported or otherwise distributed or offered or received for
distribution in violation of this chapter, or is capable of use as human food and is
adulterated or misbranded, or in any other way is in violation of this chapter, shall be
liable to be proceeded against and seized and condemned at any time on a libel of
information in the superior court in any county within the jurisdiction of which the
article or animal is found.
B. If the article or animal is condemned it shall after entry of the decree be
disposed of by destruction or sale as the court may direct and the proceeds if sold less
the court costs and fees, and storage and other proper expenses, shall be deposited,
pursuant to sections 35-146 and 35-147, but the article or animal shall not be sold
contrary to the provisions of this chapter, or the federal meat inspection act or the
federal food, drug and cosmetic act, provided, that upon the execution and delivery of a
good and sufficient bond conditioned that the article or animal shall not be sold or
otherwise disposed of contrary to this chapter or the laws of the United States, the
court may direct that such article or animal be delivered to the owner thereof subject to
such supervision by authorized representatives of the department as is necessary to
insure compliance with the applicable laws. When a decree of condemnation is entered
against the article or animal and it is released under bond or destroyed, court costs and
fees and storage and other proper expenses shall be awarded against the person
intervening as claimant of the article or animal.
C. The provisions of this section shall in no way derogate from authority for
condemnation or seizure conferred by other provisions of this chapter, or other laws. 3-2086 Transfer of license without fee
If any person acquires a business licensed pursuant to this chapter to wholesale
meat, with the goodwill of the business, and continues to operate the business in
substantially the same manner, in the same location and under the same firm name, the
division may transfer the license to the new owner, on written application, without
payment of a license fee if the new owner submits:
1. Affidavit stating, under penalty of perjury, that the new owner will comply with
the law and will not slaughter animals or sell, exchange or expose meat for sale except
according to law and the rules of the director.
2. Evidence that the new owner is law-abiding, trustworthy and of good moral
character.

3-2087 Sales to state institutions
Meat of the carcasses or parts of carcasses of cattle, sheep, goats or swine for
human consumption shall not be served in or sold to any state institution unless the
carcasses or part of carcasses bear the inspection stamp "ARIZONA inspected and passed"
or bear the inspection stamp of the United States department of agriculture. State
institutions which raise their own livestock may slaughter and use meats derived
therefrom subject to inspection as required in article 2 of this chapter and this
article.

3-2088 Requirements for processed, blended or prepared meat and meat food products; violation; classification
A. The director shall adopt rules fixing and establishing the contents of processed
meats and meat food products including the percentage of meats and nonmeat ingredients
which may be contained in processed meats, but the percentage of meats prescribed by rule
to be contained in processed meats and meat food products shall not exceed the maximum
percentages prescribed by the United States department of agriculture. A processed meat
product fabricated from two or more ingredients shall bear a list of the ingredients
giving the common or usual names of the ingredients arranged in the order of their
predominance. A person who violates a rule adopted under this subsection is guilty of a
class 3 misdemeanor.
B. The director may prescribe by rule conditions under which carcasses, parts of
carcasses, meat and meat food products of any livestock that are capable for use as human
food shall be stored or otherwise handled by a person, firm or corporation engaged in the
business of buying, selling, freezing, storing or transporting such articles if the
director deems the action to be necessary to assure that the articles will not be
adulterated or misbranded when delivered to the consumer.
C. All processed, blended or otherwise prepared meat or meat food products which
are packed in any can, pot, tin, box, canvas or other receptacle or covering constituting
an immediate or true container, shall be labeled. Plain wrappings used solely to protect
the product against spoiling during delivery and storage need not bear a label. Labels
shall contain, prominently and informatively, the following:
1. The true name of the product.
2. The word "ingredients" followed by a list of the ingredients when the product is
fabricated from two or more different types of meat or meat food products.
3. The name and place of business of the manufacturer or distributor.
4. An accurate statement of the quantity of contents.
5. The inspection number and stamp of the slaughtering establishment operating
under state meat inspection service or the inspection number and stamp of the meat
processor operating with an assigned establishment number.
D. There shall be no preservatives used in any meat or meat food products unless
such preservatives have been approved by the United States department of
agriculture. Specifically, all sulfates and sulfites are prohibited from use in any meat
or meat food products.
E. Any artificial coloring which is used by a processor of any meat or meat food
product shall have been approved by the United States department of agriculture.
F. Meats and meat food products shall not be adulterated or misbranded.
G. No meat or meat food product which has not been inspected shall be mixed in any
way with any meat or meat food product which has been inspected when such meats or meat
food products are offered for sale.
H. The provisions of this section shall apply to any person who slaughters, mixes,
blends, cans, cures or otherwise prepares meat or meat food products. It shall include
slaughterers, meat processors, wholesalers, retailers, jobbers, lockerplants, peddlers
and sausage makers.

3-2089 Vehicles
Every vehicle used by any slaughterer, meat or poultry processor, wholesaler, jobber
or peddler in the transporting of dressed carcasses of animals intended for human
consumption, parts thereof, meats or meat food products shall be maintained in a clean
and sanitary condition, shall comply with the minimum requirements of the director and
shall be subject to inspection by the chief veterinary meat inspector or his employees.

3-2090 Exemptions
A. Retailers selling meat or meat food products to the ultimate consumer shall be
exempt from the provisions of section 3-2088. The department of health services shall
regulate the sale of meat and meat food products on the retail level pursuant to section
36-136.
B. Slaughtering or processing establishments operating under the supervision of the
United States department of agriculture shall be exempt from those portions of this
chapter relating to plant and equipment inspections, ante-mortem and post-mortem
inspections and disposal of carcasses, but slaughtering or processing establishments
shall comply with the provisions of this chapter relating to licensing fees charged to
such establishment as well as the requirements relating to brand inspection.
C. Nothing in this chapter shall be construed so as to prevent incorporated cities
or towns from charging their customary license fees to slaughtering establishments,
processors, wholesalers, jobbers or peddlers of meat and meat food products.

3-2091 Nonlimitation of sale
A. Slaughtering establishments with state meat inspection service and with an
assigned establishment number, and meat processors with an assigned establishment number,
may sell their meat or meat food products any place within the state without regard to
the laws and ordinances of any city or town relating to inspection of meat, meat
processing or slaughtering establishments.
B. Slaughtering establishments whose meat and meat food products bear the
inspection stamp of the United States department of agriculture may sell their meat or
meat food products any place in the state without regard to the laws or ordinances of any
city or town relating to the inspection of meat or slaughtering establishments.

3-2092 Violation; classification
Any person who violates any provision of this chapter for which a specific criminal
classification is not prescribed is guilty of a class 2 misdemeanor.

3-2093 Reporting violations
Before any violation of this chapter is reported by the director for institution of
a criminal proceeding, the person against whom such proceeding is contemplated shall be
given reasonable notice of the alleged violation and opportunity to present his views
orally or in writing with regard to such contemplated proceeding. Nothing in this
chapter shall be construed as requiring the director to report for criminal prosecution
minor violations of this chapter whenever he believes that the public interest will be
adequately served and compliance obtained by a suitable written notice or warning.

3-2094 Inspections
The division may conduct such inspections as it deems necessary to discover illegal
meat or illegal meat food products and such inspections as it deems necessary in counties
where the associate director determines that an adequate sanitary inspection is not
conducted.

3-2095 Investigation of violations
A. The division may conduct investigations as deemed necessary to determine whether
any person has violated any provision of or rule issued under this chapter.
B. Any person may request a hearing pursuant to title 41, chapter 6, article 10 on
a notice of violation of this chapter or any rule adopted under this chapter.


3-2096 Disciplinary actions
A. The associate director may suspend or revoke any license, permit, establishment
number or meat inspection service granted under this chapter for any of the following
reasons:
1. Violation of this chapter.
2. Violation of any rule issued pursuant to this chapter, including any existing
federal meat inspection regulation incorporated by reference and adopted by the director.
3. Violation of title 36, chapter 8, article 1 or any provision of title 44,
chapter 10, article 7.
4. Conviction of any offense under this chapter or title 36, chapter 8, article 1
or any offense involving fraud or misrepresentation.
B. Prior to taking any action under subsection A, the associate director shall
provide a written notice stating the nature of the charge or charges against the holder
of a license, permit, establishment number or meat inspection service granted under this
chapter. The notice shall be served either personally or by mailing a copy thereof,
certified mail, to the address last known to the department or to the chief veterinary
meat inspector. The notice shall also inform the person of the right to a hearing on the
action pursuant to title 41, chapter 6, article 10.
C. When the administrative law judge determines that a person who has a license,
permit, establishment number or meat inspection service is subject to suspension or
revocation for any reasons provided, the administrative law judge may, instead of
suspending or revoking the license, permit, establishment number or meat inspection
service, impose a civil penalty of not more than one thousand dollars for each violation
as specified in subsection A. The administrative law judge may also, in combination with
or in lieu of the civil penalty, impose probation with the period and conditions deemed
necessary to protect the public health and safety and to allow the person on whom the
probation is imposed to rectify the conditions found by the department.

3-2097 Prosecution of violations
The attorney general or the county attorney of the county in which the violation
occurs may prosecute any violation reported pursuant to this chapter. The city attorney
may prosecute misdemeanor violations of this chapter in the city where the violation
occurred.

3-2098 Suspension, revocation or wrongful closure; review or special action; compensation
A. A meat processor, meat wholesaler or jobber or a slaughterer whose license is
suspended or revoked, or whose place of business or any portion thereof is closed by
order of the director may seek a special action or a review by a court of the action
pursuant to section 12-348.
B. If, as a result of the special action or review of the suspension, revocation or
closure the finding is made that the suspension, revocation or closure by the director
was in error, the meat processor, meat wholesaler or jobber or slaughterer affected shall
receive an award from the state in an amount fixed by the court sufficient to provide
compensation for losses suffered owing to the suspension, revocation or closure, in
addition to any other awards that can be made pursuant to section 12-348.

3-2121 Definitions
In this article, unless the context otherwise requires:
1. "Horse" includes horse, ass, mule and burro.
2. "Horsemeat" means meat from a horse, ass, mule or burro, or any product derived
wholly or partially from such animal.
3. "Slaughterhouse" or "establishment" means a house or place in which horses,
asses, mules or burros are slaughtered, packed or processed.

3-2122 License to slaughter horses for human consumption; application; records required; appointment of inspectors
A. A license shall be obtained from the division before slaughtering a horse for
human consumption.
B. Application for a license to conduct a slaughterhouse for the slaughter of
horses for human consumption shall be submitted to the division on a form prescribed by
the department. The application shall contain the information the department deems
necessary including a statement that the applicant will comply with the requirements of
law and the rules of the director relating to the slaughter, processing, packing or
preparation of meat food products made for human consumption from horsemeat, and shall be
accompanied by the filing fee required for an application to conduct a slaughterhouse
pursuant to article 1 of this chapter.
C. The holder of a slaughterhouse license issued under the provisions of this
article or a person handling horsemeat for resale shall maintain a record of the live and
dressed weight, the date and from whom each horse was received.
D. A complete record of the sale of horsemeat shall be maintained for a period of
one year, showing the name and address of each customer and the amount and date of each
sale. All records required by this section shall be open for inspection by the
department, the department of health services or an authorized agent thereof.
E. Inspectors appointed under article 2 of this chapter may also serve as
inspectors under this article, as assigned by the department.

3-2123 Slaughterhouses and processing houses; separation from other meat handling; inspection; hearing; revocation of license; exemption of retailers
A. The slaughtering of horses and preparation, processing, packing and storing of
horsemeat and horsemeat products shall be conducted in a house or establishment separate
from a house or establishment in which cattle, sheep, swine or goats are slaughtered or
prepared, or any meat or meat food products thereof are prepared or handled.
B. Establishments for the slaughter of horses or the preparation and processing of
horsemeat and horsemeat products shall at all times, whether in operation or not, be
subject to and accessible for inspection by inspectors of the division for the purpose of
ascertaining the sanitary condition thereof.
C. The premises of a slaughterhouse or establishment shall be kept in a sanitary
condition. If the sanitary conditions of such an establishment are such that the
horsemeat or horsemeat food products handled therein are rendered unclean, unsound,
unhealthful, unwholesome or unfit for human food, the examining inspector shall refuse to
allow the horsemeat or horsemeat food products to be labeled, marked or stamped as
inspected and passed.
D. An operator of a slaughterhouse or establishment who fails to keep it in a
sanitary condition or to comply with the rules of the director or the orders issued by an
inspector of the department shall be reported, and the associate director may, in his
discretion, revoke the license of the offending operator, subject to the right to a
hearing pursuant to title 41, chapter 6, article 10.
E. Nothing in subsections A and B shall be construed to prevent a person or
establishment engaged in the selling of meat to the ultimate consumer exclusively at
retail from storing, cutting, slicing, grinding, trimming or boning horsemeat in
preparation for sale at retail in such establishment.

3-2124 Inspection of horses before and after slaughter; condemnation of unfit products
A. There shall be an antemortem and a postmortem inspection of each horse
slaughtered.
B. A horse found either upon antemortem or postmortem inspection or examination to
be afflicted with strangles, purpura, hemorrhagica, azoturia, forage poison or
cerebrospina meningitis, dourine, acute influenza, generalized osteoporosis, glanders,
farcy or other malignant disorder, acute inflammatory lameness or extensive fistula shall
be condemned. A horse suspected, upon antemortem inspection, of being infected with
glanders shall be tested with mallein, and a horse which on physical examination is
suspected of being infected with dourine, shall be held for further examination or for
such test as the state veterinarian prescribes. A horse or horsemeat product found
unwholesome, unclean, unsound or otherwise unfit for human consumption shall be condemned
and the inspector may order it destroyed.
C. All horsemeat sold for human consumption shall be inspected by the state
veterinarian or a deputy thereof. The inspector and authorized employees of the
department and the department of health services shall have access, for purposes of
inspection, to any place in which horses are being slaughtered or horsemeat is being
processed, prepared, packed or offered for sale.

3-2125 Labeling of horsemeat; requirements
A. Carcasses of horses slaughtered for human consumption shall be stamped on each
standard cut, "horsemeat." All horsemeat food products shall be conspicuously branded,
marked, tagged or labeled, "horsemeat" or "horsemeat product."
B. The labels for horsemeat or horsemeat food products shall be printed on light
green paper and shall bear the words "horsemeat" or "horsemeat product," followed by,
"the horsemeat or horsemeat food product contained herein has been inspected and passed
by the state of ARIZONA."

3-2126 Signs required for sale of horsemeat
A. It is unlawful to offer horsemeat for sale for human consumption unless there is
prominently displayed in conjunction therewith a sign bearing the words, in letters not
less than eight inches in height and three inches in width, "horsemeat for human
consumption." A restaurant or other public eating place offering horsemeat for human
consumption shall have stamped on its menu, in green letters not less than one-half inch
in height and one-fourth inch in width, and shall display in a conspicuous place, in
letters not less than four inches in height and one-half inch in width, a sign bearing
the words "horsemeat served here."
B. When a sign containing the words "horsemeat," "pet food," "pet meat," or any
other words meant to signify horsemeat or pet food containing horsemeat not for human
consumption is displayed on the outside or inside of an establishment offering for sale
or on a vehicle delivering such products, there shall be displayed in conjunction
therewith a sign, in letters at least equal in size, bearing the words, "horsemeat not
inspected for human consumption."

3-2127 Segregation of horsemeat products sold at retail from other meat products
All horsemeat or horsemeat products sold at retail shall be sold from a case
separate from that which contains the flesh of cattle.

3-2128 Sale of horsemeat not for human consumption in hermetically sealed container or frozen package
Horsemeat not offered for sale for human consumption which is cooked and packed in a
hermetically sealed container or frozen in a properly labeled package and kept intact in
the original container may be sold in retail establishments where other meats are sold
for human consumption.

3-2129 Sale of horsemeat to state institutions prohibited
Horsemeat shall not be served in or sold to state institutions for human
consumption.

3-2130 Unlawful use of horsemeat
It is unlawful to slaughter a horse for human consumption, or to prepare, process,
can, cure, smoke, salt, render or pack, or sell or offer for sale for human consumption
horsemeat or any product derived in whole or in part therefrom except in accordance with
the provisions of this article.

3-2131 Violation; classification
A. A person who knowingly sells horsemeat as beef or who sells beef or beef
products adulterated with horsemeat as beef or who violates section 3-2123, subsection A
or section 3-2127 is guilty of a class 1 misdemeanor.
B. Violation of any provision of this article other than that prescribed by
subsection A of this section is a class 2 misdemeanor.

3-2132 Labeling of equines other than horses
No person, firm or corporation shall sell, transport, offer for sale or
transportation or receive for transportation any carcasses of mules, or equines other
than horses, or parts of such carcasses, or the meat or meat food products thereof,
unless they are plainly and conspicuously marked or labeled or otherwise identified as
required by rules prescribed by the director to show the kinds of animals from which they
were derived. When required by the director, with respect to establishments at which
inspection is maintained under this chapter, such animals and their carcasses, parts
thereof, meat and meat food products shall be prepared in establishments separate from
those in which cattle, sheep, swine or goats are slaughtered or their carcasses, parts
thereof, meat or meat food products are prepared.

3-2151 Definitions
In this article, unless the context otherwise requires:
1. "Adulterated" shall apply to any poultry product under one or more of the
following circumstances if:
(a) It bears or contains any poisonous or deleterious substance which may render it
injurious to health, but in case the substance is not an added substance, such article
shall not be considered adulterated if the quantity of such substance in or on such
article does not ordinarily render it injurious to health.
(b) It bears or contains, by reason of administration of any substance to the live
poultry or otherwise, any added poisonous or added deleterious substance other than one
which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a
color additive which may in the judgment of the director or the director's authorized
representative make such article unfit for human food.
(c) It is, in whole or in part, a raw agricultural commodity and such commodity
bears or contains a pesticide chemical which is unsafe within the meaning of section 408
of the federal food, drug and cosmetic act, any food additive which is unsafe within the
meaning of section 409 of the federal food, drug and cosmetic act or any color additive
which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic
act. An article which is not otherwise deemed adulterated under this subdivision shall
nevertheless be deemed adulterated if use of the pesticide chemical, food additive or
color additive in or on such article is prohibited by rules of the director in official
establishments.
(d) It consists in whole or in part of any filthy, putrid or decomposed substance
or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human
food.
(e) It has been prepared, packed or held under unsanitary conditions whereby it may
have become contaminated with filth or whereby it may have been rendered injurious to
health.
(f) It is in whole or in part the product of any poultry which has died otherwise
than by slaughter.
(g) Its container is composed in whole or in part of any poisonous or deleterious
substance which may render the contents injurious to health.
(h) It has been intentionally subjected to radiation, unless the use of the
radiation was in conformity with a regulation or exemption in effect pursuant to section
409 of the federal food, drug and cosmetic act.
(i) Any valuable constituent has been in whole or in part omitted or abstracted
therefrom, or if any substance has been substituted, wholly or in part therefor, or if
damage or inferiority has been concealed in any manner, or if any substance has been
added thereto or mixed or packed therewith so as to increase its bulk or weight, or
reduce its quality or strength, or make it appear better or of greater value than it is.
2. "Animal food manufacturer" means any person engaged in the business of
manufacturing or processing animal food derived wholly or in part from carcasses or parts
or products of the carcasses of poultry.
3. "Capable of use as human food" shall apply to any carcass or part or product of
a carcass of any poultry, unless it is denatured or otherwise identified as required by
rules prescribed by the director to deter its use as human food, or it is naturally
inedible by humans.
4. "Container" or "package" includes any box, can, tin, cloth, plastic or other
receptacle, wrapper or cover.
5. "Federal food, drug and cosmetic act" means the act so entitled, approved June
25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto.
6. "Federal poultry products inspection act" means the act so entitled approved
August 28, 1957 (71 Stat. 441), as amended by the wholesome poultry products act (82
Stat. 791).
7. "Fresh" means any dressed or ready to cook poultry or poultry product which has
not been frozen.
8. "Frozen" means any dressed or ready to cook poultry or poultry product which is
in fact in a frozen state and which has been constantly maintained at a temperature of
thirty-two degrees Fahrenheit or lower.
9. "Immediate container" includes any consumer package, or any other container in
which poultry products, not consumer packaged, are packed.
10. "Intrastate commerce" means commerce within this state.
11. "Label" means a display of written, printed or graphic matter upon any article
or the immediate container, not including package liners, of any article.
12. "Labeling" means all labels and other written, printed or graphic matter upon
any article or any of its containers or wrappers or accompanying such article.
13. "Misbranded" shall apply to any poultry product under one or more of the
following circumstances, if:
(a) Its labeling is false or misleading in any particular.
(b) It is offered for sale under the name of another food.
(c) It is an imitation of another food, unless its label bears, in type of uniform
size and prominence, the word "imitation" and immediately thereafter the name of the food
imitated.
(d) Its container is so made, formed or filled as to be misleading.
(e) It purports to be or is represented as a food for which a definition and
standard of identity or composition has been prescribed by rules of the director under
section 3-2155 unless it conforms to such definition and standard, and its label bears
the name of the food specified in the definition and standard and, insofar as may be
required by such rules, the common names of optional ingredients, other than spices,
flavoring, and coloring, present in such food.
(f) It purports to be or is represented as a food for which a standard or standards
of fill of container have been prescribed by rules of the director under section 3-2155,
and it falls below the standard of fill of container applicable thereto, unless its label
bears, in such manner and form as such rules specify, a statement that it falls below
such standard.
(g) It bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact. To the extent that compliance
with the requirements of this subdivision is impracticable, exemptions shall be
established by rules of the director.
(h) It fails to bear on its containers, and in the case of nonconsumer packaged
carcasses if the director so requires directly thereon, as the director may by rules
prescribe, the official inspection legend and official establishment number of the
establishment where the article was processed.
14. "Official certificate" means any certificate prescribed by rule of the director
for issuance by an inspector or other person performing official functions.
15. "Official device" means any device prescribed or authorized by the director for
use in applying any official mark.
16. "Official establishment" means any establishment as determined by the division
at which inspection of the slaughter of poultry or the processing of poultry products is
maintained.
17. "Official inspection legend" means any symbol prescribed by rule of the director
showing that an article was inspected for wholesomeness.
18. "Official mark" means the official inspection legend or any other symbol
prescribed by rule of the director to identify the status of any article or poultry.
19. "Person" means any individual, partnership, corporation, association or other
business unit.
20. "Pesticide chemical", "food additive", "color additive" and "raw agricultural
commodity" shall have the same meanings as under the federal food, drug and cosmetic act.
21. "Poultry" means any domesticated bird, whether live or dead, and includes
chickens, turkeys, ducks, geese, guineas, ratites and squabs.
22. "Poultry product" means any poultry carcass, or part thereof, or any product
which is made wholly or in part from any poultry carcass or part thereof, excepting
products which contain poultry ingredients only in a relatively small proportion or
historically have not been considered by consumers as products of the poultry food
industry, and which are exempted by the director from definition as a poultry product
under such conditions as the director may prescribe to assure that the poultry
ingredients in such products are not adulterated and that such products are not
represented as poultry products.
23. "Poultry products broker" means any person engaged in the business of buying or
selling poultry products on commission or otherwise negotiating purchases or sales of
such articles other than for the person's own account or as an employee of another
person.
24. "Processed" means slaughtered, canned, salted, stuffed, rendered, boned, cut up
or otherwise manufactured or processed.
25. "Renderer" means any person engaged in the business of rendering carcasses or
parts or products of the carcasses of poultry, except rendering conducted under
inspection or exemption under this chapter.
26. "Shipping container" means any container used or intended for use in packaging
the product packed in an immediate container.
3-2152 State and federal cooperation
A. The department is designated as the state agency which shall be responsible for
cooperating with the secretary of agriculture of the United States under the provisions
of section 5 of the federal poultry products inspection act.
B. In such cooperative efforts, the department is authorized to accept from the
secretary of agriculture advisory assistance in planning and otherwise developing the
state program, technical and laboratory assistance and training, including necessary
curricular and instructional materials and equipment, and financial and other aid for
administration of such a program. The department may spend public funds of this state
appropriated for administration of this chapter to pay such share of the estimated total
cost of the cooperative program as may be agreed upon by the director and the secretary
of agriculture.
C. The director may recommend to the secretary of agriculture such officials or
employees of this state as the director shall designate for appointment to the advisory
committees provided for in section 5 of the federal poultry products inspection act. The
director shall serve as the representative of the governor for consultation with the
secretary of agriculture under this subsection unless the governor selects another
representative.

3-2153 Antemortem and postmortem inspection; reinspection and quarantine
A. For the purpose of preventing the entry into or flow or movement in intrastate
commerce of any poultry product which is capable of use as human food and is adulterated,
the division shall, where and to the extent considered by it necessary, cause to be made
by inspectors antemortem inspection of poultry in each official establishment engaged in
processing poultry or poultry products solely for intrastate commerce.
B. The division, whenever processing operations are being conducted, shall cause to
be made by inspectors postmortem inspection of the carcass of each bird processed, and at
any time such quarantine, segregation and reinspection as it deems necessary of poultry
and poultry products capable of use as human food in each official establishment engaged
in processing such poultry or poultry products solely for intrastate commerce.
C. All poultry carcasses and parts thereof and other poultry products found to be
adulterated shall be condemned and shall, if no appeal is taken from such determination
of condemnation, be destroyed for human food purposes under the supervision of an
inspector, provided that carcasses, parts, and products, which may by reprocessing be
made not adulterated, need not be so condemned and destroyed if so reprocessed under the
supervision of an inspector and thereafter found to be not adulterated. If an appeal is
taken from such determination, the carcasses, parts or products shall be appropriately
marked and segregated pending completion of an appeal inspection, which appeal shall be
at the cost of the appellant if the associate director determines that the appeal is
frivolous. If the determination of condemnation is sustained the carcasses, parts and
products shall be destroyed for food purposes under the supervision of an inspector.

3-2154 Sanitation, facilities and practices
A. Each official establishment slaughtering poultry or processing poultry products
solely for intrastate commerce shall be operated in accordance with such sanitary
practices as are required by rules adopted by the director for the purpose of preventing
the entry into or flow or movement in intrastate commerce of poultry products which are
adulterated.
B. The department shall refuse to render inspection to any establishment whose
premises, facilities or equipment, or the operation thereof, fail to meet the
requirements of this section.

3-2155 Labeling and containers; standards
A. All poultry products inspected at any official establishment and found to be not
adulterated shall at the time they leave the establishment bear, in distinctly legible
form, on their shipping containers and immediate containers as the division may require
the information required under section 3-2151, paragraph 13. In addition, the
department, if it determines such action is practicable and necessary for the protection
of the public, may require nonconsumer packaged carcasses at the time they leave the
establishment to bear directly thereon in distinctly legible form any information
required under section 3-2151, paragraph 13.
B. No article shall be sold or offered for sale by any person in intrastate
commerce under any name or other marking or labeling which is false or misleading, or in
any container of a misleading form or size, but established trade names and other marking
and labeling and containers which are not false or misleading and which are approved by
the division are permitted.
C. If the division has reason to believe that any marking or labeling or the size
or form of any container in use or proposed for use with respect to any article is false
or misleading in any particular, it may direct that such use be withheld unless the
marking, labeling or container is modified in such manner as the associate director
prescribes so that it will not be false or misleading. If the person using or proposing
to use the marking, labeling or container does not accept the determination of the
division, such person may request a hearing, but the use of the marking, labeling or
container shall, if the division so directs, be withheld pending a hearing and final
determination by the director. Any such determination by the director shall be
conclusive unless, within thirty days after receipt of notice of the final determination,
the person adversely affected appeals to the superior court.

3-2156 Prohibited acts
A. A person shall not:
1. Slaughter any poultry or process any poultry products which are capable of use
as human food at any establishment processing any such articles solely for intrastate
commerce, except in compliance with the requirements of this chapter.
2. Sell, transport, offer for sale or transportation or receive for transportation
in intrastate commerce any poultry products which are capable of use as human food and
are adulterated or misbranded at the time of such sale, transportation, offer for sale or
transportation or receipt for transportation or any poultry products required to be
inspected unless they have been so inspected and passed.
3. Do, with respect to any poultry products which are capable of use as human food,
any act while they are being transported in intrastate commerce or held for sale after
such transportation which is intended to cause or has the effect of causing such products
to be adulterated or misbranded.
4. Sell, transport, offer for sale or transportation or receive for transportation
in intrastate commerce or from an official establishment any slaughtered poultry from
which the blood, feathers, feet, head or viscera have not been removed in accordance with
rules adopted by the director, except as may be authorized by rule.
5. Use to his own advantage, or reveal other than to the authorized representatives
of the state government or any other government in their official capacity, or as ordered
by a court in any judicial proceedings, any information acquired under the authority of
this chapter concerning any matter which is entitled to protection as a trade secret.
B. No brand manufacturer, printer, or other person shall cast, print, lithograph or
otherwise make any device containing any official mark or simulation thereof, or any
label bearing any such mark or simulation, or any form of official certificate or
simulation thereof, except as authorized by the division.
C. A person shall not:
1. Forge any official device, mark or certificate.
2. Without authorization from the division use any official device, mark or
certificate, or simulation thereof, or alter, detach, deface or destroy any official
device, mark or certificate.
3. Contrary to the rules prescribed by the director, fail to use, or detach, deface
or destroy, any official device, mark or certificate.
4. Knowingly possess, without promptly notifying the department or its
representative, any official device or any counterfeit, simulated, forged or improperly
altered official certificate or any device or label or any carcass of any poultry, or
part or product thereof, bearing any counterfeit, simulated, forged or improperly altered
official mark.
5. Knowingly make any false statement in any shipper's certificate or other
nonofficial or official certificate provided for in the rules prescribed by the director.
6. Knowingly represent that any article has been inspected and passed or exempted,
when in fact it has not been so inspected and passed or exempted.

3-2157 Complete coverage of official establishments
No establishment processing poultry or poultry products solely for intrastate
commerce shall process any poultry or poultry product capable of use as human food except
in compliance with this chapter.

3-2158 Articles not intended for human food; requirements for and regulation of intrastate commerce in dead, dying, disabled or diseased poultry; registration
A. Inspection shall not be provided at any establishment for the slaughter of
poultry or the processing of any carcasses or parts or products of poultry which are not
intended for use as human food, but such articles shall, prior to their offer for sale or
transportation in intrastate commerce, unless naturally inedible by humans, be denatured
or otherwise identified as prescribed by rules of the director to deter their use for
human food. No person shall buy, sell, transport or offer for sale or transportation or
receive for transportation in intrastate commerce any poultry carcasses or parts or
products thereof which are not intended for use as human food unless they are denatured
or otherwise identified as required by the rules of the director or are naturally
inedible by humans.
B. The following classes of persons shall, for such period of time as the director
may by rules prescribe, but not to exceed two years unless otherwise directed by the
director for good cause shown, keep such records as are properly necessary for the
effective enforcement of this article in order to insure against adulterated or
misbranded poultry products for the consumer and all persons subject to such requirements
shall at all reasonable times, upon notice by a duly authorized representative of the
department, afford such representative access to their places of business and opportunity
to examine the facilities, and inventory thereof, and to take reasonable samples of their
inventory upon payment of the fair market value therefor:
1. Class 1. Any person that engages in the business of slaughtering any poultry or
processing, freezing, packaging or labeling any carcasses or parts or products of
carcasses of any poultry for intrastate commerce for use as human food or animal food.
2. Class 2. Any person that engages in the business of buying or selling as
poultry products brokers, wholesalers or otherwise or transporting in intrastate commerce
or storing in or for intrastate commerce any carcasses, or parts or products of
carcasses, of any poultry.
3. Class 3. Any person that engages in business in or for intrastate commerce as a
renderer, or engages in the business of buying, selling or transporting in intrastate
commerce any dead, dying, disabled or diseased poultry or parts of the carcasses of any
poultry that died otherwise than by slaughter.
C. No person shall engage in business in or for intrastate commerce as a poultry
products broker, renderer or animal food manufacturer, or engage in business in
intrastate commerce as a wholesaler of any carcasses, or parts or products of the
carcasses, of any poultry, whether intended for human food or other purposes, or engage
in business as a public warehouseman storing any such articles in or for intrastate
commerce, or engage in the business of buying, selling or transporting in intrastate
commerce any dead, dying, disabled or diseased poultry, or parts of the carcasses of any
poultry that died otherwise than by slaughter, unless, when required by rules of the
director, he has registered with the division his name and the address of each place of
business at which and all trade names under which he conducts such business.
D. No person engaged in the business of buying, selling or transporting in
intrastate commerce dead, dying, disabled or diseased poultry, or any parts of the
carcasses of any poultry that died otherwise than by slaughter, shall buy, sell,
transport, offer for sale or transportation, or receive for transportation in intrastate
commerce any dead, dying, disabled or diseased poultry or parts of the carcasses of any
poultry that died otherwise than by slaughter, unless such transaction or transportation
is made in accordance with such rules as the director may prescribe to assure that such
poultry, or the unwholesome parts or products thereof, will be prevented from being used
for human food.

3-2159 Violations; classification
A. Any person who violates section 3-2156, 3-2157, 3-2158 or 3-2161 is guilty of a
class 1 misdemeanor, but if such violation involves intent to defraud, or any
distribution or attempted distribution of an article that is adulterated, except as
defined in section 3-2151, paragraph 1, subdivision (i), such person is guilty of a class
6 felony. When construing or enforcing the provisions of this article omission or
failure of any person acting for or employed by any individual, partnership, corporation
or association within the scope of his employment or office shall in every case be deemed
the act, omission or failure of such individual, partnership, corporation or association,
as well as of such person.
B. No carrier shall be subject to the penalties of this article, other than the
penalties for violation of section 3-2158, by reason of his receipt, carriage, holding or
delivery, in the usual course of business as a carrier of poultry or poultry products
owned by another person, unless the carrier has knowledge or is in possession of facts
which would cause a reasonable person to believe that such poultry or poultry products
were not inspected or marked or were otherwise not eligible for transportation or unless
the carrier refuses to furnish on request of a representative of the department the name
and address of the person from whom he received such poultry or poultry products, and
copies of all documents, if any, pertaining to the delivery of the poultry or poultry
products to such carrier.
C. A person who violates a provision of this article for which a specific criminal
classification is not prescribed is guilty of a class 2 misdemeanor.

3-2160 Reporting violations
Before any violation of this article is reported by the department for institution
of a criminal proceeding, the person against whom such proceeding is contemplated shall
be given reasonable notice of the alleged violation and opportunity to present his views
orally or in writing with regard to such contemplated proceeding. Nothing in this
article shall be construed as requiring the department to report for criminal prosecution
minor violations of this article if it believes that the public interest will be
adequately served and compliance obtained by a suitable written notice or warning.

3-2161 Rules
A. The director may by rule prescribe conditions under which poultry products
capable of use as human food, shall be stored or otherwise handled by any person engaged
in the business of buying, selling, freezing, storing or transporting, in or for
intrastate commerce, such articles, whenever the director deems such action necessary to
assure that such articles will not be adulterated or misbranded when delivered to the
consumer. Violation of any such rule is prohibited.
B. The director shall adopt such other rules as are necessary.
C. When opportunity is afforded for submission of comments by interested persons on
proposed rules, it shall include opportunity for oral presentation of views.

3-2162 Exemptions and exceptions
A. The following shall be exempted from the provisions of this article:
1. Retail dealers with respect to poultry products sold directly to consumers in
individual retail stores, if the only processing operation performed by such retail
dealers is the cutting up of poultry products on the premises where such sales to
consumers are made.
2. Persons slaughtering, processing or otherwise handling poultry or poultry
products which have been or are to be processed as required by recognized religious
dietary laws, to the extent that the director determines necessary to avoid conflict with
such requirements while still effectuating the purposes of this article.
3. The slaughtering by any person of poultry of his own raising, and the processing
by him and transportation of the poultry products exclusively for use by him and members
of his household and his nonpaying guests and employees.
4. The custom slaughter by any person of poultry delivered by the owner thereof for
such slaughter, and the processing by such slaughterer and transportation of the poultry
products exclusively for use, in the household of such owner, by him and members of his
household and his nonpaying guests and employees, if the custom slaughterer does not
engage in the business of buying or selling any poultry products capable of use as human
food.
5. The slaughtering and processing of poultry products by any poultry producer on
his own premises with respect to sound and healthy poultry raised on his premises and the
distribution by any person of the poultry products derived from such operations, if, in
lieu of other labeling requirements, such poultry products are identified with the name
and address of such poultry producer, and if they are not otherwise misbranded, and are
sound, clean and fit for human food when so distributed.
6. The slaughtering of sound and healthy poultry or the processing of poultry
products of such poultry by any poultry producer or other person for distribution by him
directly to household consumers, restaurants, hotels and boarding houses for use in their
own dining rooms, or in the preparation of meals for sales direct to consumers, if, in
lieu of other labeling requirements, such poultry products are identified with the name
and address of the processor, and if they are not otherwise misbranded and are sound,
clean and fit for human food when distributed by such processor.
B. In addition to the specific exemptions authorized in subsection A, the director
shall, when he determines that the protection of consumers from adulterated or misbranded
poultry products will not be impaired by such action, provide by rule, consistent with
subsection C, for the exemption of the operation and products of small enterprises
including poultry producers, not exempted under subsection A, which are engaged in
slaughtering or cutting up poultry for distribution as carcasses or parts thereof, solely
for distribution within this state, from such provisions of this article as he deems
appropriate, while still protecting the public from adulterated or misbranded products
under such conditions, including sanitary requirements, as he prescribes.
C. The exemptions provided for in subsection A, paragraphs 4 and 5 shall not apply
if the poultry producer or other person engages in the current calendar year in the
business of buying or selling any poultry or poultry products other than as specified in
such paragraphs. No such exemption or an exemption under subsection B shall apply to any
poultry producer or other person who slaughters or processes the products of more than
five thousand turkeys or an equivalent number of poultry of all species in the current
calendar year with four birds of other species being deemed the equivalent of one turkey.
D. The provisions of this article requiring inspection shall not apply to
operations of types traditionally and usually conducted at retail stores and restaurants,
when conducted at any retail store or restaurant or similar retail-type establishment for
sale in normal retail quantities or service of such articles to consumers at such
establishments, if no poultry or poultry products are processed at the establishment for
distribution outside this state or otherwise subject to inspection under the federal
poultry products inspection act.
E. This article does not apply to poultry producers with respect to poultry of
their own raising on their own farms if such producers slaughter not more than two
hundred fifty turkeys, or not more than an equivalent number of birds of all species,
during the calendar year for which this exemption is being determined with four birds of
other species being deemed the equivalent of one turkey or such poultry producers do not
engage in buying or selling poultry products other than those produced from poultry
raised on their own farms, and such poultry moves only in intrastate commerce.
F. The adulteration and misbranding provisions of this article, other than the
requirement of the inspection legend, shall apply to articles which are exempted from
inspection under this section, except as otherwise specified under subsection A, B or E.
G. The director may by order suspend or terminate any exemption under subsection A
or B with respect to any person whenever he finds that such action will aid in
effectuating the purposes of this article.

3-2163 Entry of materials into official establishment
The department may limit the entry of poultry products and other materials into any
official establishment under such conditions as it may prescribe to assure that allowing
the entry of such articles into such inspected establishments will be consistent with the
purposes of this article.

3-2164 General provisions
A. The director may refuse to provide or may withdraw inspection service with
respect to any establishment if he determines, after an opportunity for a hearing, that
such applicant or recipient is unfit to engage in any business requiring inspection
because the applicant or recipient or anyone responsibly connected with the applicant or
recipient has been convicted, in any federal or state court, within the previous ten
years of any felony or more than one misdemeanor under any law based upon the acquiring,
handling or distributing of adulterated, mislabeled or deceptively packaged food or fraud
in connection with transactions in food, or any felony involving fraud, bribery,
extortion or any other act or circumstances indicating a lack of the integrity needed for
the conduct of operations affecting the public health. For the purpose of this
subsection, a person shall be deemed to be responsibly connected with the business if he
is a partner, officer, director, holder or owner of ten per cent or more of its voting
stock or employee in a managerial or executive capacity.
B. Upon the withdrawal of inspection service from any official establishment for
failure to destroy condemned poultry products as required under section 3-2153, or other
failure of an official establishment to comply with the requirements as to premises,
facilities or equipment, or the operation thereof, as provided in section 3-2154, or the
refusal of inspection service to any applicant therefor because of failure to comply with
any requirements under section 3-2154, the applicant for or recipient of the service
shall upon request be afforded opportunity for a hearing within five days with respect to
the merits or validity of such action, but such withdrawal or refusal shall continue in
effect unless otherwise ordered by the director.
C. The determination and order of the director when made after an opportunity for
a hearing, with respect to withdrawal or refusal of inspection service, shall be final
and conclusive unless the affected applicant for or recipient of inspection service
appeals pursuant to title 41, chapter 6, article 10.

3-2165 Detention of product
Whenever any poultry product, or any product exempted from the definition of a
poultry product, or any dead, dying, disabled or diseased poultry is found by any
authorized representatives of the department upon any premises where it is held for
purposes of, or during or after distribution in, intrastate commerce, and there is reason
to believe that any such article is adulterated or misbranded and is capable of use as
human food, or that it has not been inspected, in violation of this or any other state or
federal law or that it has been or is intended to be distributed in violation of any such
provisions, it may be detained by such representative for a period of not to exceed
twenty days, pending action under section 3-2166 or notification of any federal, state or
other governmental authority having jurisdiction over such article or poultry, and shall
not be moved by any person from the place at which it is located when so detained until
released by such representative. All official marks may be required by such
representative to be removed from such article or poultry before it is released unless it
appears to the satisfaction of the division that the article or poultry is eligible to
retain such marks.

3-2166 Condemnation of product
A. Any poultry product or any dead, dying or disabled or diseased poultry that is
being transported in intrastate commerce, or is held for sale in this state after such
transportation, and is or has been processed, sold, transported or otherwise distributed
or offered or received for distribution in violation of this article, or is capable of
use as human food and is adulterated or misbranded, or in any other way is in violation
of this article, shall be liable to be proceeded against and seized and condemned at any
time on a libel of information in the superior court in any county within the
jurisdiction of which the article or poultry is found. If the article or poultry is
condemned it shall after entry of the decree be disposed of by destruction or sale as the
court may direct and the proceeds if sold less the court costs and fees, and storage and
other proper expenses, shall be deposited, pursuant to sections 35-146 and 35-147, but
the article or poultry shall not be sold contrary to the provisions of this article, or
the federal poultry products inspection act or the federal food, drug and cosmetic act,
provided that upon the execution and delivery of a good and sufficient bond conditioned
that the article or poultry shall not be sold or otherwise disposed of contrary to this
article or the laws of the United States, the court may direct that such article or
poultry be delivered to the owner thereof subject to such supervision by authorized
representatives of the department as is necessary to insure compliance with the
applicable laws. When a decree of condemnation is entered against the article or poultry
and it is released under bond or destroyed, court costs and fees and storage and other
proper expenses shall be awarded against the person intervening as claimant of the
article or poultry.
B. The provisions of this section shall in no way derogate from authority for
condemnation or seizure conferred by other provisions of this article or other laws. 3-2167 Jurisdiction
The director is vested with jurisdiction specifically to enforce and to prevent and
restrain violations, and shall have jurisdiction in all other kinds of cases arising
under this article, except as provided in section 3-2155 or 3-2164. All proceedings for
the enforcement or to restrain violations shall be by and in the name of this state.

3-2168 Cost of inspection
The cost of inspection shall be borne by this state, except as provided in section
3-2152 and except that the cost of overtime and holiday work performed in establishments
subject to the provisions of this article, at such rates as the director may determine,
shall be borne by such establishments. Sums received by the department in reimbursement
for sums paid out by it for such premium pay work shall be available without fiscal year
limitation to carry out the purposes of this section.

3-2169 Limitation
Nothing in this article shall be construed to modify or repeal any provision of
chapter 5 of this title, relating to the regulation of eggs and egg products.