Arizona Laws 3-242. Violations; civil penalties
A. The director may assess a civil penalty of at least fifty dollars but not more than three hundred dollars for each violation, with each affected customer constituting a separate violation, against a seed dealer or labeler who, after a hearing, is found by a preponderance of the evidence:
Terms Used In Arizona Laws 3-242
- 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.
- Kind: means one or more related species or subspecies which singly or collectively are known by one common name, such as corn, oats, alfalfa and timothy. See Arizona Laws 3-231
- Label: means any label or other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers and includes representations or invoices. See Arizona Laws 3-231
- 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
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- registered seed: means seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized seed-certifying agency. See Arizona Laws 3-231
- Treated: means that the seed has received an application of a substance or process that is designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing from the seeds. See Arizona Laws 3-231
1. To have not completed the test to determine the percentage of germination required by section 3-237 immediately before the sale, offering for sale or transportation:
(a) Within a nine month period, exclusive of the calendar month in which the test was completed, for any agricultural, ornamental or vegetable seed intended for wholesale or commercial producer purchase.
(b) Within a fifteen month period, exclusive of the calendar month in which the test was completed, for any agricultural, ornamental or vegetable seed intended for retail purchase.
2. To have not obtained any license that is required by this article.
B. The director may assess a civil penalty of not more than two thousand five hundred dollars for each violation, with each affected customer constituting a separate violation, against a seed dealer or labeler who, after a hearing, is found by a preponderance of the evidence:
1. To have labeled or sold seed represented to be certified seed, registered seed or foundation seed unless it has been produced and labeled according to the rules and regulations of an officially recognized seed certification or registration agency.
2. To have labeled or sold seed that has been treated with any approved substance designed to control or repel plant disease organisms or insect pests attacking the seeds, unless each container bears a label giving information in the form the director prescribes by rule, showing the commonly accepted name and the kind or nature of the substance and, if the substance may be harmful to humans or other vertebrate animals, a warning or cautionary statement that is adequate to protect the public.
3. To have hindered or obstructed an authorized agent of the department from performing official duties under this article.
4. To have failed to comply with a cease and desist order.
5. To have labeled or sold seed that has a false or misleading label.
6. To have labeled or sold seed that has been advertised in a false or misleading manner.