A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing committee or department to ensure compliance with a marketing order or marketing agreement.

Terms Used In Arizona Laws 3-422

  • 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
  • commission: means the marketing commission established under section 3-413. See Arizona Laws 3-401
  • committee: means a marketing committee established by a marketing agreement according to section 3-426. See Arizona Laws 3-401
  • Department: means the Arizona department of agriculture. See Arizona Laws 3-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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
  • Producer: means a person that has a financial interest in producing or causing citrus, fruit or vegetable commodities to be produced for market in commercial quantities. See Arizona Laws 3-401
  • Shipper: means a person that engages in shipping, transporting, selling or marketing citrus, fruits or vegetables under the shipper's own registered trademark or label or a person that first markets the fruits or vegetables for the producer. See Arizona Laws 3-401

B. The marketing commission, marketing committee or hearing officer may hold a hearing in which persons may be required to testify under oath.

C. All information concerning the businesses of individual producers and shippers, including cartons or equivalent marketed, the dollar value of gross annual sales and audit and inspection records, is not a public record and shall not be disclosed except:

1. By court order.

2. To a person who presents a release signed by the producer or shipper.

3. In an annual report or similar document if individual producers and shippers are not identifiable.

4. In relation to a judicial or administrative proceeding for the purpose of enforcing or administering an order or agreement.

D. All results of elections for a marketing order, marketing agreements, contracts entered into by a marketing commission or marketing committee and annual reports are public records.