Arizona Laws 3-521. Civil penalties; hearing
A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following:
Terms Used In Arizona Laws 3-521
- Associate director: means the associate director of the division. See Arizona Laws 3-481
- Commission merchant: means a person that receives on consignment or solicits from the producer any fruit or vegetable for sale on commission on behalf of the producer or that accepts any fruit or vegetable in trust from the producer for the purpose of resale. 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
- Contract: A legal written agreement that becomes binding when signed.
- Dealer: means a person that sells, markets or distributes fruit or vegetables that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. See Arizona Laws 3-481
- 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
- Person: includes an individual, firm, association, partnership, trust or corporation. 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
1. Acts as a dealer or shipper without a valid license.
2. Knowingly falsifies or causes to be falsified information in a record intended to show proof of ownership.
B. A person is subject to a civil penalty of not more than three hundred dollars if the person does any of the following:
1. Makes a written or oral false, deceptive or misleading representation or assertion concerning the quality, size, maturity or condition of fruit or vegetables.
2. Alters, removes or destroys a warning notice from a lot or part of a lot to which it was affixed except on written authorization of an inspector, the associate director or the director or by court order.
3. Alters a notice of noncompliance, notice of compliance or notice of disposal that is issued by an inspector.
4. Refuses to submit any container or lot of fruit or vegetables governed by this article to an inspection of a representative sample or refuses to stop and permit inspection of a representative sample of any commercial vehicle containing fruit and vegetables governed by this article.
C. A commission merchant is subject to a civil penalty of not more than five hundred dollars if the commission merchant does any of the following:
1. Knowingly makes a false or misleading statement as to the condition of any fruit or vegetable.
2. Makes a fraudulent charge or return for handling or selling a fruit or vegetable or for rendering any service in connection with handling or selling a fruit or vegetable.
3. Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.
4. Sells a fruit or vegetable at less than market price to a person with whom the consignment merchant has a direct or indirect financial connection.
5. Makes a sale and directly or indirectly receives a portion of the purchase price other than the commission specified in the contract.
D. A person who is charged with violating this article or rules adopted pursuant to this article may request a hearing before an administrative law judge pursuant to Title 41, Chapter 6, Article 10. The decision of the administrative law judge is subject to review by the director as provided by Title 41, Chapter 6, Article 10.
E. Civil penalties collected pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund.