Arizona Laws 3-739. Violations; civil penalties; exception
A. A retailer, dealer, peddler, shipper, seller or purveyor of shell eggs or egg products, who has received a written notice of violation of this article from the department and who after receipt of the notice commits a subsequent violation of the same provision which was stated in the notice, shall be subject to a civil penalty as follows:
Terms Used In Arizona Laws 3-739
- Dealer: means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state. See Arizona Laws 3-701
- Department: means the Arizona department of agriculture. See Arizona Laws 3-101
- Eggs: means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl. See Arizona Laws 3-701
- Grade: means classified as to quality and applies to a dozen, case, lot or load of eggs. See Arizona Laws 3-701
- Retailer: means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale. See Arizona Laws 3-701
1. For the first subsequent violation, at least fifty but not more than two hundred fifty dollars.
2. For the second and all subsequent violations, at least one hundred but not more than five hundred dollars.
B. The department shall establish by rule criteria for determination of civil penalties imposed under this section. Any civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
C. This section does not apply to the regulation of grade and weight standards pursuant to this article, or to tempering of shell eggs or egg products as required in food preparation.