A. It is unlawful to offer for sale, sell, give away or transport, except from the state as provided in section 3-211, plants, fruits, vegetables or seeds known to be infested by dangerously injurious insects or plant diseases or known to harbor any pest whatsoever.

Terms Used In Arizona Laws 3-212

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Diseases: includes any fungus, bacterium, virus or other organism of any kind and any unknown cause that is or may be found to be injurious, or likely to be or to become injurious to any domesticated or cultivated plant, or to the product of any such plant. See Arizona Laws 3-201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

B. When apples or pears are infested by the coddling moth, plain evidence of injury by this insect to the fruit shall constitute a condition of infestation.

C. When the director believes the protection of the industry requires such action, fruit commonly known as "wormy," together with other apples or pears in the same container or lot together with the containers, shall be declared a public nuisance by the director, and offering for sale, selling, giving away or transporting the fruit after it is declared a public nuisance is unlawful.

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