Arizona Laws 3-233. Powers and duties; fees; penalty
A. For the purpose of carrying out this article, the director may:
Terms Used In Arizona Laws 3-233
- Cease and desist order: means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed. See Arizona Laws 3-231
- Dealer: means any person who sells seed. See Arizona Laws 3-231
- Department: means the Arizona department of agriculture. See Arizona Laws 3-101
- 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.
- Labeler: means any person whose name and address appear on the label pertaining to or attached to a lot or container of agricultural, vegetable or ornamental plant seed sold, offered for sale, exposed for sale or transported for sowing purposes. See Arizona Laws 3-231
- License: means an Arizona state seed license that is obtained from the department. See Arizona Laws 3-231
- Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Arizona Laws 3-231
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Ornamental plant seed: means the seed of any plant used for decorative or ornamental purposes and includes flower seed. See Arizona Laws 3-231
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics by which it can be differentiated from other plants of the same kind. See Arizona Laws 3-231
1. In order to have access to seeds and the records pertaining to seeds subject to this article and the rules adopted under this article, enter upon:
(a) Any established plant, warehouse or place of business during customary business hours.
(b) Any truck or other conveyance operated on land, on water or in the air on probable cause or reasonable suspicion to believe that a violation of this article has occurred.
2. Issue and enforce a written cease and desist order to the owner or custodian of any lot of agricultural, vegetable or ornamental plant seed that the director finds is in violation of this article, as provided in section 3-238, and any lot or lots of seed sold, or transported for sale, that do not meet all requirements of the plant variety protection act (P.L. 91-577; 84 Stat. 1542; 7 United States Code §§ 2321 through 2582).
3. Provide through the state agricultural laboratory for seed testing facilities, employ qualified persons and incur expenses necessary to comply with this article.
4. Through the state agricultural laboratory:
(a) Provide for making purity, germination, noxious weed, tetrazolium and pathology tests of seeds for farmers and dealers on request pursuant to rules prescribed by the director governing such testing.
(b) Collect charges for the tests as prescribed by the director.
5. Cooperate with the United States department of agriculture and other agencies in seed law enforcement.
6. Revoke, suspend, restrict, deny or choose not to renew a license issued under this article or fix periods and terms of probation for a license holder after a hearing at which the license holder is found by a preponderance of the evidence to have violated this article or any of the rules adopted under this article.
7. Establish by rule fees that are sufficient to cover the costs of interstate and international exportation inspection activities under section 3-232, subsection A, paragraph 1, but annually not more than one dollar fifty cents per acre. Monies received under this paragraph shall be deposited in the seed law trust fund pursuant to section 3-234.
B. For the purposes of this article, the director, after an opportunity for a hearing, shall establish and collect the following fees:
1. For a seed dealer‘s license, not more than fifty dollars per year.
2. For a labeler‘s license, not more than five hundred dollars per year.
C. The director shall assess a license holder who does not submit the annual license renewal fees to the department by July 1 a penalty of ten per cent of the amount of the license fee per month for not more than three months. Penalties collected under this subsection shall be deposited in the seed law trust fund pursuant to section 3-234.