A.R.S. tit. 3 ch. 1 — Arizona Revised Statutes Title 3 Chapter 1 — Agricultural Administration

3-101. Definitions In this title, unless the context otherwise requires: 1. "Department" means the Arizona department of agriculture. 2. "Director" means the director of the department. 3-102. Department organization A. The Arizona department of agriculture is established consisting of the following divisions: 1. The animal services division, which is responsible for milk, dairy, livestock and aquaculture regulation, the state veterinarian, meat, poultry and egg inspection and performing the administrative functions authorized or contracted pursuant to law for the Arizona beef council. 2. The plant services division, which is responsible for entomological services. 3. The environmental services division, which is responsible for regulating seed, feed and agricultural chemicals, including pesticides and fertilizers, and for native plant protection. 4. The weights and measures services division, which is responsible for the inspection, testing and licensing of commercial weighing, measuring and counting devices. 5. The pest management division, which is responsible for regulating pest management and pest management services as defined in section 3-3601. 6. The citrus, fruit and vegetable division, which is responsible for the citrus, fruit and vegetable standardization and produce safety program under chapter 3, articles 2, 4, 4.1 and 4.3 of this title. B. The following are established in addition to and separate from the divisions of the department: 1. The state agricultural laboratory. 2. The office of agriculture safety. 3. The office of inspections. 4. The office of commodity development and promotion. C. The department shall have a central administrative service office providing: 1. Data processing, accounting and budgeting, records management, publications, property control and personnel services and training. 2. A program to cross-train appropriate personnel to enable them to perform similar functions or comparable work for different administrative units in the department. 3-103. Director; search committee; qualifications; deputy director and associate and assistant directors; legal counsel A. The governor shall appoint a director of the department pursuant to section 38-211 to serve at the pleasure of the governor. B. The qualifications of candidates for appointment as director shall be reviewed by a committee of five persons selected by the governor. Two of the members of the committee must be actively engaged in animal production, two members must be actively engaged in plant production and one member must be actively engaged in agribusiness, as their major sources of income. No two members may be residents of the same county. The committee shall submit the names of the most qualified candidates to the governor for his selection. The governor may request additional names from the committee if he deems it necessary. A new committee shall be appointed for each vacancy in the position of director. C. The director must have at least a baccalaureate degree from an accredited college or university and five years of management experience in agriculture business or agriculture production plus experience in one or more of the following: 1. Business management. 2. Public administration. 3. Personnel management. 4. Law. D. The director shall appoint: 1. A deputy director of the department who shall also supervise the central administrative service office. 2. An associate director for each division of the department. 3. An assistant director for each office established under section 3-102, subsection B. E. The director is eligible for compensation as determined under section 38-611. The director, deputy director and associate and assistant directors are exempt from title 41, chapter 4, articles 5 and 6 relating to state service, and the deputy director and associate and assistant directors serve at the pleasure of the director. If a vacancy occurs in the office of deputy director or an associate or assistant director, the director may appoint any officer or employee of the department, or may serve himself, as acting deputy or associate or assistant director pending appointment of a permanent replacement. F. The director may employ legal counsel to advise him, represent the department in connection with legal matters before other departments and agencies of this state and represent the department and this state in litigation concerning affairs of the department. Legal counsel is exempt from title 41, chapter 4, articles 5 and 6 relating to state service and serves at the pleasure of the director. 3-104. Advisory council A. The governor shall appoint a department of agriculture advisory council consisting of five members appointed to terms of five years. A member may continue to serve until his successor is appointed and assumes office. A member may not be appointed to more than one full term plus appointment to fill a vacancy for the remainder of the unexpired term. B. The advisory council consists of the following: 1. Two members actively engaged in animal production as their major sources of income. 2. Two members actively engaged in plant production as their major sources of income. 3. One member actively engaged in agribusiness as his major source of income. C. The governor may remove a member for cause. In addition, a member vacates his office if he: 1. Ceases to engage in his qualifying occupation. 2. No longer resides in this state. 3. Is absent without excuse from three consecutive regular meetings of the council. 4. Resigns, dies or becomes unable to perform his duties as a council member. D. Members of the advisory council are not eligible for compensation but are eligible for reimbursement as provided by law for travel and other expenses. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1. E. The advisory council shall: 1. Select a chairman and vice-chairman from among its members. 2. Hold a regular meeting every calendar quarter and additional meetings at the call of the director, the chairman or a majority of its members. 3. Before an advisory council meeting, notify any division council established pursuant to section 3-105 of agenda items that the director determines will impact that division. F. The advisory council shall review agricultural policy in this state as established by law and as administered in all functional areas of the department. The advisory council shall assist the director in formulating administrative rules for the department and formulating the department's proposed budget allocations among the administrative units of the department and shall provide such additional assistance as the director requests. The advisory council shall review, advise and make recommendations to the director on proposed rules before they are adopted by the director and may recommend initiating the rule making process relating to any subject under the department's jurisdiction. In adopting departmental rules and budgets, the director shall include the comments of the advisory council in the official record. In adopting rules the director shall accept the recommendations of the advisory council if the director finds them to be practicable and in the best interests of Arizona agriculture and of the public. The director shall provide a written statement of reasons to the advisory council within fifteen days if the director does not accept the advisory council's recommendations. G. The advisory council may conduct periodic analyses of departmental policy as reflected by: 1. Decisions of hearing officers and the director on appeals of hearing officers' decisions. 2. The operations of the state agricultural laboratory, the office of agriculture safety and the office of border inspections. 3-105. Division councils A. The director may appoint a division council within any division of the department, and shall appoint an animal services division council and a weights and measures services division council, consisting of representatives of the various industries and commodities regulated by those divisions. Any such organization may request representation on the respective division council, but the actual appointments to the division council are at the discretion of the director. B. Members shall serve two-year terms of office that are staggered among the members. Members of division councils serve without compensation but are eligible for reimbursement for travel and other expenses as provided by law. Each division council shall select a chairman and vice-chairman from among its members. Division councils are public bodies for purposes of title 38, chapter 3, article 3.1. Each division council shall assist and make recommendations to the associate director of the division regarding the administration and implementation of the various programs within the division. The associate director shall make a written response to the division council within fifteen days to each formal recommendation made by the council. 3-106. Advisory committees A. The director or, by delegation, the associate director of a division may appoint ad hoc advisory committees to consider, assist and make recommendations to the associate director or division council on any issue under the division's jurisdiction. The director or, by delegation, the deputy director may appoint ad hoc advisory committees to consider, assist and make recommendations to the deputy director on any issue relating to the state agricultural laboratory, the office of agricultural safety or the office of inspections. B. Any agriculture related organization may request the formation of and representation on an advisory committee, and an associate director may request the formation of and nominate advisory committee members to the director, but the actual appointments to the advisory committee are at the discretion and pleasure of the director. Members of advisory committees shall serve without compensation but are eligible for reimbursement for travel and other expenses as provided by law. Advisory committees are public bodies for purposes of title 38, chapter 3, article 3.1. C. The director shall assign the subjects, conditions, terms of appointments and deadlines for advisory committees to complete their work and may provide for the termination or indefinite continuation of any advisory committee. The associate director, or deputy director, as appropriate, shall make a written response to the advisory committee within fifteen days to each formal recommendation made by the advisory committee. 3-107. Organizational and administrative powers and duties of the director A. The director shall: 1. Formulate the program and policies of the department and adopt administrative rules to effect its program and policies. 2. Ensure coordination and cooperation in the department in order to achieve a unified policy of administering and executing its responsibilities. 3. Subject to section 35-149, accept, expend and account for gifts, grants, devises and other contributions of money or property from any public or private source, including the federal government. All contributions shall be included in the annual report under paragraph 6 of this subsection. Monies received under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in special funds for the purpose specified, which are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 4. Contract and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any private party or public agency. 5. Administer oaths to witnesses and issue and direct the service of subpoenas requiring witnesses to attend and testify at or requiring the production of evidence in hearings, investigations and other proceedings. 6. Not later than September 30 each year, issue a report to the governor and the legislature of the department's activities during the preceding fiscal year. The report may recommend statutory changes to improve the department's ability to achieve the purposes and policies established by law. The director shall provide a copy of the report to the Arizona state library, archives and public records. 7. Establish, equip and maintain a central office in Phoenix and field offices as the director deems necessary. 8. Sign all vouchers to expend money under this title, which shall be paid as other claims against this state out of the appropriations to the department. 9. Coordinate agricultural education efforts to foster an understanding of Arizona agriculture and to promote a more efficient cooperation and understanding among agricultural educators, producers, dealers, buyers, mass media and the consuming public to stimulate the production, consumption and marketing of Arizona agricultural products. 10. Employ staff subject to title 41, chapter 4, article 4 and terminate employment for cause as provided by title 41, chapter 4, article 5. 11. Conduct hearings on appeals by producers regarding the assessed actual costs of the plow up and the penalty of one hundred fifty per cent for unpaid costs pursuant to section 3-204.01. The director may adopt rules to implement this paragraph. 12. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. B. The director may: 1. Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or required to do by law. 2. Construct and operate border inspection stations or other necessary facilities in this state and cooperate by joint agreement with an adjoining state in constructing and operating border inspection stations or other facilities within the boundaries of this state or of the adjoining state. 3. Cooperate with agencies of the United States and other states and other agencies of this state and enter into agreements in developing and administering state and federal agricultural programs regarding the use of department officers, inspectors or other resources in this state, in other states or in other countries. 4. Cooperate with the office of tourism in distributing Arizona tourist information. 5. Enter into compliance agreements with any person, state or regulatory agency. For the purposes of this paragraph, "compliance agreement" means any written agreement or permit between a person and the department for the purpose of enforcing the department's requirements. 6. Abate, suppress, control, regulate, seize, quarantine or destroy any agricultural product or foodstuff that is adulterated or contaminated as the result of an accident at a commercial nuclear generating station as defined in section 26-301, paragraph 1. A person owning an agricultural product or foodstuff that has been subject to this paragraph may request a hearing pursuant to title 41, chapter 6, article 10. 7. Engage in joint venture activities with businesses and commodity groups that are specifically designed to further the mission of the department, that comply with the constitution and laws of the United States and that do not compete with private enterprise. 8. Sell, exchange or otherwise dispose of personal property labeled with the "Arizona grown" trademark. Revenues received pursuant to this paragraph shall be credited to the commodity promotion fund established by section 3-109.02. 3-108. Administrative support fund; use; exemption A. A department of agriculture administrative support fund is established. All monies collected pursuant to any interagency agreement with the department pursuant to section 3-588, subsection A shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. B. All monies collected pursuant to any interagency agreement with the department in accordance with section 3-468.03, subsection A and section 3-526.03, subsection A shall be deposited in the administrative support fund or deposited in the citrus, fruit and vegetable trust fund established by section 3-447 pursuant to the terms of the interagency agreement. Deposits in the administrative support fund shall be made pursuant to sections 35-146 and 35-147. C. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. 3-109. Unlawful influence; classification A. An officer, inspector or other employee of this state authorized to perform any of the duties prescribed by this title who knowingly accepts any money, gift or other thing of value from any person, firm or corporation or their officers, agents or employees given with intent to influence his official action is guilty of a class 4 felony. B. Any person, firm or corporation or any agent or employee of any person, firm or corporation who knowingly gives, pays or offers, directly or indirectly, to any officer, inspector or other employee of this state who is authorized to perform any of the duties prescribed by this title or by the rules adopted under this title any money or other thing of value with intent to influence the officer, inspector or employee in the discharge of any duty provided for by this title is guilty of a class 4 felony. 3-109.01. Agricultural consulting and training program A. The director shall develop and implement an agricultural consulting and training program using on-site visits to establishments that are regulated under this title and title 5, chapter 1 to consult with and advise the establishment's owner, operator, lessee or independent contractor. The visits shall be: 1. Conducted only at the request of the owner, operator, lessee or independent contractor for consultation and advice on interpreting, applying or possible alternative methods of complying with statutes, rules, regulations or standards or other matters relating to compliance with either the requirements of this title and rules adopted pursuant to this title or the requirements of section 5-104 or 5-106 and rules adopted pursuant to those sections. 2. Limited to matters stated in the request. B. After evaluating the request, if the director determines that an alternative means of providing consultation is more appropriate and equally effective, the director may provide the alternative means rather than the requested consultation. C. The director shall make recommendations regarding solutions to matters within the scope of the consultation. D. An on-site visit pursuant to this section is not an inspection or investigation for purposes of any provision of this title. No citation, violation or penalty may be issued, proposed or imposed resulting from or based on such a visit unless the visit discloses a violation causing imminent danger. 3-109.02. Office of commodity development and promotion; fees; commodity promotion fund; definition A. The office of commodity development and promotion shall provide for programs to stimulate, educate, encourage and foster the production and consumption of Arizona agricultural products domestically and abroad. B. The office may provide authorized or contracted administrative functions for councils and commissions established by law. C. The director may collect a fee, which the director shall establish by rule, for the issuance of certificates of free sale. The amount of the fee shall not exceed the actual cost of preparing the certificate of free sale. All monies collected from the fees shall be deposited, pursuant to sections 35-146 and 35-147, in the commodity promotion fund. D. The commodity promotion fund is established. The fund consists of all monies collected pursuant to any promotional service provided to industry under this section and not supported by general fund appropriation, and monies received pursuant to section 3-107, subsection B, paragraph 8. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are: 1. Continuously appropriated to the department for the purposes of this section. 2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. For the purposes of this section, "certificate of free sale" means a document that authenticates a commodity that is generally and freely sold in domestic channels of trade. 3-109.03. Livestock operator fire and flood assistance grant program; requirements; fund; exemption; definition A. The livestock operator fire and flood assistance grant program is established under the department to provide grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects that are required as a result of a wildfire or associated flooding and that are either: 1. Not eligible for funding from another federal or state program. 2. Partially funded by another federal or state program. B. The department shall: 1. Develop guidelines and criteria to implement the program, including an application process that includes a description of the intended use for the grant monies. 2. Award all grants pursuant to title 41, chapter 24. 3. Not grant more than fifty percent of the monies in the livestock operator fire and flood assistance fund for infrastructure projects on land in one county in any fiscal year. 4. Ensure that grants from the livestock operator fire and flood assistance grant program do not exceed more than: (a) Fifty percent of the total costs of any infrastructure project. (b) An aggregate of $250,000 per livestock operation for infrastructure projects that are required as a result of a single wildfire and that wildfire's associated flooding. 5. Require each grantee to submit to the department, within twelve months after receiving the grant, a written report detailing how the grant monies were used to achieve the infrastructure project described in the application. If the infrastructure project takes longer than one year to complete, the grantee shall submit a written report to the department annually until the infrastructure project is complete. 6. On or before December 31 of each year, submit a report of the disposition of monies appropriated to the livestock operator fire and flood assistance fund each fiscal year to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state and to any person who requests a copy. C. The department is exempt from title 41, chapter 6 with respect to adopting rules for the purposes of this section, except that the department shall provide for public notice and sixty days for public comment on the annual grant guidelines and criteria, including public hearings. D. The livestock operator fire and flood assistance fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of providing grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects pursuant to this section. The department shall administer the fund. Monies in the fund are continuously appropriated. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. The department may use up to five percent of the monies appropriated to the livestock operator fire and flood assistance fund in any fiscal year for the purposes of administering the program. F. For the purposes of this section, "infrastructure" includes wells, buildings, fences, pipelines, spring and water developments, corrals and other essential components to a livestock operation. 3-109.04. Agriculture and water innovation fund pilot program; fund; grants; requirements; annual report; definitions (Rpld. 1/1/29) A. The agriculture and water innovation fund pilot program is established to provide grants and collect data for water-focused innovation in agriculture. The department shall administer the pilot program. B. The agriculture and water innovation fund is established consisting of legislative appropriations, grants from federal agencies and monies appropriated by any other lawful source. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department shall administer the fund and may use not more than ten percent of the monies in the fund annually for the costs of administering the fund and the agriculture and water innovation fund pilot program. C. The department may grant monies from the fund to qualified applicants to acquire or contract for implementing innovative technology that improves water use efficiency by improving soil health. D. As a condition of the grant, the department shall require the qualified applicant to: 1. Certify the installation of the new innovative technology. 2. Report on the individual fields that receive the benefit of the grant monies to demonstrate increased water use efficiency on the affected fields. E. On or before December 31 of each year, the department shall submit a written report to the president of the senate and the speaker of the house of representatives describing the activities of the department for the preceding fiscal year related to the agriculture and water innovation fund and shall provide a copy of the report to the secretary of state. The report shall include an accounting of expenditures from the fund and how the monies were used to improve water efficiency and soil health. F. For the purposes of this section: 1. "Innovative technology" means products or services that improve water use efficiency by improving soil health in agriculture without requiring nonnative soil amendments or improvements to irrigation infrastructure. 2. "Qualified applicant" means either of the following: (a) An agricultural landowner, beneficial owner of trust land or lessee of agricultural land that has actively farmed the land or committed the land to intentional water conservation in three of the five calendar years immediately preceding the date of the application. (b) An irrigation district established pursuant to title 48, chapter 19 that applies for the benefit of members of the irrigation district. 3-111. Definitions In this chapter, unless the context otherwise requires: 1. "Agricultural operations" means all activities by the owner, lessee, agent, independent contractor and supplier conducted on any facility for the production of crops, livestock, poultry, livestock products or poultry products or for the purposes of agritourism. 2. "Agritourism" means any activity that allows members of the general public, for recreational or educational purposes, to view, enjoy or participate in rural activities, including farming, ranching, historical, cultural, u-pick, harvest-your-own produce or natural activities and attractions occurring on property defined as agricultural real property pursuant to section 42-12151 if the activity is conducted in connection with and directly related to a business whose primary income is derived from producing livestock or agricultural commodities for commercial purposes. 3. "Farmland" means land devoted primarily to the production for commercial purposes of livestock or agricultural commodities. 3-112. Agricultural operations; nuisance liability: damages; state preemption A. Agricultural operations conducted on farmland that are consistent with good agricultural practices and established before surrounding nonagricultural uses are presumed to be reasonable and do not constitute a nuisance unless the agricultural operation has a substantial adverse effect on the public health and safety. B. Agricultural operations undertaken in conformity with federal, state and local laws and regulations are presumed to be good agricultural practices and not adversely affecting the public health and safety. C. In a nuisance action against an agricultural operation conducted on farmland: 1. The court may award costs and expenses, including reasonable attorney fees, to the prevailing party. 2. If the court determines that a party filed a nuisance action under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party: (a) The action was not filed in good faith. (b) The action was not grounded in fact or based on law. (c) The action was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party. 3. The court may not award punitive damages for a nuisance action unless the alleged nuisance emanated from an agricultural operation that has been subject to a criminal conviction or a civil enforcement action taken by a state or federal environmental or health regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance. D. For the purposes of this section, costs and expenses may include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including any appeal. E. A city, town, county, special taxing district or other political subdivision of this state may not declare an agricultural operation conducted on farmland to be a nuisance if the agricultural operation's practices are lawful, customary, reasonable, safe and necessary to the agriculture industry as the practices pertain to an agricultural operation's practices as determined by the agricultural best management practices committee established by section 49-457, the Arizona department of agriculture or the department of environmental quality. 3-113. Action for false claims against perishable agricultural food product; limitation; definitions A. A producer, shipper, or an association that represents producers or shippers, of perishable agricultural food products that suffers damages as a result of malicious public dissemination of false information that the food product is not safe for human consumption may bring an action for damages and for any other appropriate relief, including compensatory and punitive damages, in a court of competent jurisdiction. B. A person who intentionally disseminates false information to the public that a perishable agricultural food product is not safe for human consumption for the purpose of harming a producer or shipper is liable for damages determined under subsection A. C. In any action brought under this section the court may award the successful party court costs and reasonable attorney fees. D. An action under this section shall be commenced within two years after the false information is disseminated. E. For purposes of this section: 1. "False information" means information that is not based on reliable scientific facts and reliable scientific data and that the disseminator knows or should have known to be false. 2. "Perishable agricultural food product" means any agricultural or aquacultural food product or commodity that is grown or produced in this state and that is sold or distributed in a form that will perish or decay within a reasonable period of time. 3. "Producer" means the person who grows or produces perishable agricultural food products. 4. "Shipper" means a person who ships, transports, sells or markets perishable agricultural food products under the person's registered trademark or label or a person who first markets the perishable agricultural food product on behalf of the producer. 3-114. Liability for unauthorized destruction of field crop product; damages; definition A. A person who knowingly damages, destroys or removes any legal crop or crop product that is grown for commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university or a federal, state or local government agency is liable for: 1. Up to twice the market value of the damaged, destroyed or removed crop, measured before the damage or destruction. 2. Up to twice the actual costs of production, research, testing, replacement and crop development directly related to the damaged, destroyed or removed crop. 3. Litigation costs including court costs, attorney fees and expert witness fees. B. The rights and remedies available under this section are in addition to any other rights and remedies otherwise available in law. C. For purposes of this section, "in conjunction or coordination" means having a written contract involving testing or a product development program relating to the field crop product. 3-121. Smith-Lever act accepted; authority of board of regents A. The assent of the state is given to the provisions and requirements of an act of Congress entitled "An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states," known as the Smith-Lever act. B. The board of regents of the universities and state college of Arizona is authorized and empowered to receive the grants of money appropriated under that act, and to organize and conduct agricultural extension work in connection with the college of agriculture of the university of Arizona in accordance with the terms and conditions expressed in the act. 3-122. Expenditure from university appropriation to match federal grant Upon duly itemized and sworn claims, approved by the president of the university of Arizona or his delegated agent, there shall be paid out of the general appropriation for the university of Arizona, as other claims against the state are paid, an amount equal to but not limited to the amount of such additional appropriation as may be apportioned to the state under the provisions of the Smith-Lever act. 3-123. Agricultural extension work Cooperative agricultural extension work shall consist of giving practical demonstrations in agriculture and home economics, and imparting information on those subjects through field demonstrations, publications and otherwise. The work shall be carried on in such manner as is mutually agreed upon by the board of regents of the universities and state college of Arizona and the county agricultural extension board of each county provided for in this article. 3-124. County agricultural extension board; members; appointment; term; qualifications; office space A. The board of supervisors of each county shall appoint seven persons, who are residents of the county, to a county agricultural extension board, four of whom have as their principal business the production of agricultural commodities, and the other three of whom shall be representative of organizations or persons who utilize the county agricultural extension services. B. Each member shall be appointed for a term of two years. Members shall serve without compensation. C. The board of supervisors of each county shall provide reasonable office space for the conduct of extension work in that county. 3-125. Plan of extension work; annual report The director of the agricultural extension service of the university of Arizona shall annually present a plan of extension work in the state for the ensuing year, for the approval of the board of regents. The county agent-in-charge in each county shall annually present to and for the approval of the board of supervisors of the county and the county agricultural extension board a detailed report of extension activities in the county for the preceding fiscal year, including a detailed report of receipts and disbursements, and a plan of extension work in the county for the ensuing year. The financial reports shall be on forms prescribed by the board of regents. 3-126. Annual county agricultural extension budget; tax levy; collection; expenditures A. The Arizona board of regents shall have prepared for each county an annual financial budget covering the total cost including the county's share of the cost of the extension work which, if adopted by a majority vote of the respective county agricultural extension board at a regularly called meeting, shall be submitted to the board of supervisors of the county who shall place such amount of such budget as the board of supervisors shall approve on the tax rolls of the county for the ensuing year. B. The amount placed on the tax rolls shall be raised by direct taxation. C. The taxes, when collected, shall be transmitted by the county treasurer upon warrant drawn by the board of supervisors to the comptroller of the university of Arizona and shall be expended upon claims drawn by the board of regents. D. All money raised by taxation by a county shall be expended for the use and benefit of that county. 3-127. Agricultural workforce development program; rules; apprentices; costs; annual report; definitions A. The university of Arizona cooperative extension office shall establish the agricultural workforce development program to provide incentives to food-producing agricultural organizations to hire apprentices by partially reimbursing apprenticeship costs. B. The director of the university of Arizona cooperative extension office shall adopt rules to carry out this section. At a minimum, the rules shall do all of the following: 1. Establish qualifications for food-producing agricultural organizations to participate in the program, including need and the ability to effectively supervise apprentices and provide the apprentices with meaningful work experience that is focused on agricultural food production. 2. Provide a preference for food-producing agricultural organizations owned or operated by farmers and ranchers who are located in rural or tribal areas or who are historically underserved. 3. Require participating food-producing agricultural organizations to pay apprentices an hourly wage rate that is at least the minimum wage established by this state pursuant to section 23-363. 4. Establish criteria for participating food-producing agricultural organizations to select qualified apprentices, including required educational experience and the ability to perform meaningful work. 5. Establish the process and time frame for selecting qualified food-producing agricultural organizations and qualified apprentices. 6. Establish accounting requirements for tracking apprenticeship costs. 7. Establish the process for participating food-producing agricultural organizations to seek reimbursement. 8. Seek input from community stakeholders to establish and administer the program. C. Subject to legislative appropriation, the cooperative extension office may reimburse a participating food-producing agricultural organization up to the amount of the actual cost to the food-producing agricultural organization to employ an apprentice. Based on the annual legislative appropriation for the program, the director shall determine the number of apprenticeships to approve, the amount of reimbursement per apprenticeship and whether a participating food-producing agricultural organization may be reimbursed for more than one apprenticeship in the same fiscal year. D. The cooperative extension office may use up to ten percent of the monies appropriated for the program for the administrative costs of this section. E. On or before December 1 each year, the cooperative extension office shall submit a report regarding the effectiveness of the program in achieving the program's purpose to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. F. For the purposes of this section: 1. "Actual cost" means the wages paid to an apprentice, a reasonable allocation of fixed overhead expenses and all incidental costs directly related to the apprenticeship. 2. "Agricultural organization" means a business, nonprofit organization, community college or state university program related to agriculture. 3. "Historically underserved": (a) Means a beginning farmer or rancher, a socially disadvantaged farmer or rancher or a veteran farmer or rancher as defined in 7 United States Code section 2279. (b) Includes other limited-resource farmers or ranchers. 3-128. Expenditures of university of Arizona funds A. For the purpose of aiding counties in support of the agricultural extension program, the board of regents shall have prepared an annual financial budget covering the university of Arizona's share of the cost of extension work in each county and after approval thereof may expend such amount of the university of Arizona funds. B. No funds secured through taxation, appropriation or from the university of Arizona, as provided in this article, shall be available for any county until plans for the expenditure of the funds have been made and approved by the board of regents. C. All money obtained by taxation, appropriation, or from the university of Arizona shall be expended for the use and benefit of the county entitled to receive the fund, and the monies directed to be expended from the university of Arizona funds shall be expended and disbursed upon claims drawn by the board of regents showing upon their face the county for whose account the funds are expended. 3-141. Definitions In this article, unless the context otherwise requires: 1. "Agricultural laboratory services" means the following services: (a) Providing a residue analysis of: (i) Raw, processed or manufactured agricultural commodities and products. (ii) Soil. (iii) Plant or animal tissue. (iv) Commercial feed as defined in section 3-2601. (v) Fertilizer as defined in section 3-262. (vi) Water used for agricultural purposes. (b) Providing a nutrient analysis of: (i) Raw, processed or manufactured agricultural commodities and products. (ii) Soil. (iii) Plant or animal tissue. (iv) Commercial feed as defined in section 3-2601, and including whole seeds and any feed mixed or unmixed used in the feeding of animals. (v) Fertilizer as defined in section 3-262. (c) Providing a quantitative analysis of ingredients in pesticide formulations. (d) Providing a germination and purity analysis of planting seed. (e) Providing the identification of insects, parasites, bacteria and pathogenic organisms in raw, processed or manufactured agricultural products and commodities and in plant or animal tissue. (f) Providing the services necessary to carry out section 3-1203, subsection A. (g) Providing any other services compatible with or incidental to those laboratory services provided pursuant to sections 3-142 and 3-143. 2. "Assistant director" means the assistant director for the state agricultural laboratory. 3-142. State agricultural laboratory There is established a state agricultural laboratory in the department to provide laboratory services to the department and others as provided by law or pursuant to contract. 3-143. Assistant director; powers and duties A. The assistant director for the state agricultural laboratory is responsible for the administration, operation and control of the state agricultural laboratory. B. The assistant director shall have all the following qualifications: 1. A master's degree in chemistry or its equivalent in practical experience as determined by the director. 2. Experience in agricultural laboratory testing or experience in a control laboratory of an agency that regulates feeds, fertilizers or pesticides. 3. Supervisory experience. C. The assistant director shall enforce rules established pursuant to section 3-147: 1. For the voluntary certification of laboratories providing agricultural laboratory services to persons of this state. 2. For the mandatory certification of laboratories providing agricultural laboratory services to agencies and departments of this state or its political subdivisions, including those laboratories that are a part of a state agency or department or a political subdivision of this state. 3. Prescribing testing, documentation and quality assurance procedures and requirements. D. The assistant director may contract with and assist other divisions and offices in the department and other departments and agencies of the state, local and federal governments in the furtherance of the purposes of this article, including contracting to provide laboratory services. 3-144. State agricultural laboratory; maintenance and purpose; fees A. The state agricultural laboratory is established and maintained to carry out this article and for laboratory examinations, diagnosis, analysis, testing, quantifying and identification necessary to perform the functions and duties prescribed by this article. B. The state agricultural laboratory: 1. May accept samples from any person for regulatory, diagnostic and research purposes. 2. Shall report test results only to the party that provided the original sample. C. The state agricultural laboratory may collect fees for laboratory services as prescribed by the director. 3-145. Mandatory and voluntary certification; sampling procedures; application; expiration; renewal A. A person who establishes, conducts or maintains a laboratory that provides agricultural laboratory services to agencies or departments of this state or its political subdivisions shall apply for a certificate from the state agricultural laboratory as proof that the laboratory so certified is in compliance with rules adopted by the director for the certification of such laboratories. Any other person providing agricultural laboratory services may apply for such a certificate. B. A person providing guaranteed laboratory analysis information to distributors of commercial feed and whole seeds for consumption by livestock shall be certified under this section. C. An individual who collects samples for the state agricultural laboratory or for any certified agricultural laboratory shall follow the sampling procedures established by the director. D. A certified laboratory shall report test results only to the party who provided the original sample and, on request, to the state agricultural laboratory or as required by section 3-2611.01. E. A person who desires a certificate pursuant to this section shall file with the state agricultural laboratory an application for a certificate accompanied by the application fee. F. The application shall be on a form prescribed by the assistant director and furnished by the state agricultural laboratory and shall contain: 1. The name and location of the laboratory. 2. The name of the person owning the laboratory and the name of the person supervising the laboratory. 3. A description of the programs, services and functions provided by the laboratory. 4. Such other information as the assistant director deems necessary to carry out the purposes of this section. G. The assistant director shall issue a certificate to an applicant if the assistant director is satisfied that the applicant has complied with the rules prescribing standards for certified laboratories. H. A certificate expires one year after the date of issuance and shall be renewed upon payment of the renewal application fee as prescribed in section 3-146 and continued compliance with this article and the applicable rules. 3-146. Certificate fees The director may establish by rule and the assistant director shall collect in advance the following nonrefundable fees: 1. For an initial laboratory certificate, not more than nine hundred dollars. 2. For a renewal of a laboratory certificate, not more than nine hundred dollars. 3. For a duplicate of a certificate, two dollars. 3-147. Rules; advisory committee A. The director shall adopt reasonable rules for certification of laboratories that perform agricultural laboratory testing. Rules shall be prescribed only insofar as they affect the precision and accuracy of laboratory results. The rules shall include: 1. Acceptable methods of sampling, analyzing and testing including the routine examination of certified laboratories for accuracy of analysis. 2. Acceptable standards of sanitary and safety conditions within the laboratory and its surroundings. 3. Equipment essential to the proper operation of a laboratory. 4. The construction and operation of the laboratory, including plumbing, heating, lighting, ventilation, electrical services and similar conditions. B. If before adopting rules pursuant to this section the director determines that it is necessary or desirable, the director may appoint an advisory committee pursuant to section 3-106. 3-148. Grounds for denial, suspension or revocation of a certificate; review and appeal A. The assistant director may refuse to grant or renew a certificate or may suspend or revoke a certificate if the assistant director has reasonable grounds to believe that the applicant or registrant is not in compliance with adopted rules relating to the certification of laboratories pursuant to this article. The assistant director shall notify an applicant of the reasons for the action. B. The director shall review the assistant director's action on request of any person adversely affected by the action, and the director’s decision is subject to appeal pursuant to title 41, chapter 6, article 10. 3-149. Evidentiary effect of test results certified by the assistant director Test results certified by the assistant director are prima facie evidence of the facts stated in the results. 3-161. Definitions In this article, unless the context otherwise requires: 1. "Commission" means the historical advisory commission established by section 41-151.20. 2. "Register" means the Arizona register of heritage agriculture. 3-162. Arizona register of heritage agriculture; qualifying criteria; definition A. The Arizona register of heritage agriculture is established. B. Any person may apply in writing to the historical advisory commission to nominate agricultural property in this state for listing on the register. If the person nominating the property is not the current owner of the property, the nomination must include the current owner’s written assent to the nomination. C. To qualify for listing on the register, the agricultural property must meet both of the following requirements: 1. The property must comprise at least ten acres of real property that has been owned by the same family and in continuous commercial agricultural production for at least fifty years. Property that has been in active production may qualify regardless of occasional periods of inactivity due to: (a) Acts of God. (b) Federal farm conservation programs. (c) Crop rotation practices. (d) Generally accepted range management and pasture rotation practices. (e) Temporarily inadequate water supplies. 2. The property must include at least one house, barn, shed, crib, granary, silo, windmill or fence that is at least twenty-five years old. D. For purposes of this section, "family" includes individuals or a trust, estate, corporation, partnership, joint venture or similar entity or combination of entities, if the individuals or at least eighty per cent of the beneficiaries, shareholders, partners or joint venturers share a family relationship as parents or ancestors of parents, children or descendants of children, siblings, cousins of the first degree, aunts, uncles, nieces or nephews of the first degree, spouses of any of the listed relatives and listed relatives by the half-blood or by adoption. 3-163. Application A. An applicant must provide documentary evidence that property meets the qualifications prescribed by this article for listing on the register of heritage agriculture. The commission may require additional information as necessary to support the application. B. The commission shall: 1. Establish an advisory group of persons with experience in agriculture to assist the commission in evaluating applications under this section. 2. Prescribe the procedure for filing and evaluating the applications. 3. Set a nonrefundable application fee which must be paid in full when the application is submitted. C. The commission may establish categories of recognition based on the age of the agricultural operation. 3-164. Listing property on register A. The commission shall provide written notification to the owner, and applicant if different from the owner, of its decision on listing the property on the register. B. If the commission lists the property on the register: 1. The commission shall include, with the notice under subsection A of this section, a certificate signed by the secretary of state, the president of the senate, the speaker of the house of representatives and the chairperson of the commission describing the property and designating it as Arizona heritage agriculture property. 2. The owner of the property may identify the property as Arizona heritage agriculture property using signs, monuments, plaques, letterheads and other identifiers. C. The designation of property as Arizona heritage agriculture property: 1. Is an honorific recognition only, and does not confer any other right or privilege except as provided by this article. 2. Does not affect the right to use, convey, encumber, alter or exercise any other right of ownership at the owner’s discretion, and no person may impair or affect the owner’s property rights based on the designation of the property as Arizona heritage agriculture property. 3. Terminates if the property no longer meets the requirements of section 3-162, subsection C. The commission may require the owner to file an annual affidavit that the property continues to qualify under this article. 3-165. Restricted use of designation; violation; classification A. A person may use the designation "Arizona heritage agriculture property" or "heritage agriculture" only with the approval of the commission as provided by this article. A person may not use the designation "Arizona heritage agriculture property" or "heritage agriculture" for any commercial purpose except as provided by this article. B. A person who knowingly violates this section is guilty of a class 3 misdemeanor.