A. Pursuant to Section 3-527.02, the associate director may recommend to the director for adoption rules not in conflict with this article, as the associate director deems necessary to carry out this article.

Terms Used In Arizona Laws 3-487

  • Associate director: means the associate director of the division. See Arizona Laws 3-481
  • Container: means a box, carton or lug that is used for packing, shipping or selling fruit or vegetables that are authorized by this article or rules adopted pursuant to this article. See Arizona Laws 3-481
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Lot: means a unit of identical or similar items that are produced by one person and that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are produced by one person and that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-481
  • Producer: means a person that is engaged in this state in the business of producing or causing fruit or vegetables to be produced for market in commercial quantities. See Arizona Laws 3-481
  • Shipper: means a person that ships, transports, sells or markets fruit or vegetables under the person's registered trademark or label or a person that first markets the fruit or vegetables on behalf of the producer. See Arizona Laws 3-481

B. On recommendation of the associate director, the director shall prescribe:

1. Standards and grades for fruit and vegetables produced in this state and a standard for fruit and vegetables without specific standards. In establishing the specific standards, the associate director shall consider factors that apply to the product, including maturity, color, shape, size, firmness, freedom from decay, diseases, mechanical and plant pest injury and any other factors that indicate quality and condition.

2. The size, dimensions, labeling and markings of containers that are to be used to pack fruit or vegetables and the packing arrangements of the commodity in the container.

3. A permit system for experimental containers, experimental products and experimental packs, including an application, permit number, quantity allowed by the permit, duration of the permit and recordkeeping and renewal provisions.

4. Sampling rules for lots and containers of fruit and vegetables to reasonably produce a fair representation of the entire lot or container sampled.

5. The time period allowed to recondition fruit or vegetables pursuant to section 3-486.

6. Appropriate reporting and recordkeeping requirements for shippers, including:

(a) Reporting totals for each commodity shipped.

(b) A requirement for records to be retained for the preceding two years on the amount of each commodity sold by the shipper for each producer for purposes of reporting under article 1 of this chapter.

(c) A requirement for records to be retained for the preceding year on the percentage ownership interest of each producer for each commodity sold by the shipper.

7. Appropriate reporting and recordkeeping requirements for commission merchants.

C. For the purposes of this section, "year" has the same meaning prescribed in section 3-491.