A. An inspector, discharging his duties, may enter every facility during operating hours or commercial vehicles in this state where an affected commodity is produced, stored, packed, delivered for shipment, being transported or offered for sale and inspect representative samples of the affected commodity to determine compliance with a marketing order or marketing agreement.

Terms Used In Arizona Laws 3-420

  • Affected commodity: means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order. See Arizona Laws 3-401
  • agreement: means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article. See Arizona Laws 3-401
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
  • Person: means any individual, firm, corporation, trust, association or partnership. See Arizona Laws 3-401

B. If an inspector believes a marketing order or marketing agreement has been violated in terms of quality, condition, size, maturity or pack, the inspector may hold the lot pursuant to the time specified in the marketing order or marketing agreement.

C. If the lot does not comply with the marketing order or marketing agreement, the department shall tag the lot and notify the person in possession. The owner of the lot may recondition the lot within the time specified in the marketing order or marketing agreement, and if compliance is achieved, the lot shall be released by the department.

D. If the owner does not recondition and bring the lot into compliance within the time prescribed in the marketing order or marketing agreement, the inspector, after receiving written consent of the owner may divert the lot to other lawful purposes or destroy the lot.

E. If the owner refuses to give consent to the inspector to divert or destroy the lot and the owner does not recondition and bring the lot into compliance within the time prescribed in the marketing order or marketing agreement, the inspector may attach a notice of disposal to the lot that is not in compliance with the marketing order or marketing agreement and deliver a copy of the notice of disposal to the owner.

F. The notice of disposal requires the owner to properly dispose of the lot by:

1. Diverting it to another lawful purpose, such as contributing it to a nonprofit charitable organization.

2. Selling it, as long as it is not sold in regular channels of trade, such as for processing.

3. Destroying it.

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