Terms Used In Arizona Laws > Title 1 > Chapter 3 > Article 1 - In General

• Act: means a bodily movement. See Arizona Laws 13-105
• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Adulterated: means the existence of one or more of the conditions described in section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. See Arizona Laws 3-601
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agent: includes a bailee, broker, commission merchant, factor, auctioneer, solicitor or consignee and any other person acting on the express or implied authority of another person. See Arizona Laws 3-701
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquaculture: means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants. See Arizona Laws 3-1201
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associate director: means the associate director of the division. See Arizona Laws 3-601
• Associate director: means the associate director of the division. See Arizona Laws 3-661
• Associate director: means the associate director of the division. See Arizona Laws 3-701
• Associate director: means the associate director of the division. See Arizona Laws 3-901
• Associate director: means the associate director of the division. See Arizona Laws 3-1201
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beef: includes veal. See Arizona Laws 3-1231
• Beef cattle: means cattle or calves grown primarily for meat production. See Arizona Laws 3-1451
• Beef products: includes veal products. See Arizona Laws 3-1231
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Butter: means the clean and nonrancid product containing not less than eighty per cent milk fat produced by gathering the fat of milk or cream into a mass, containing a small portion of other milk constituents, and with or without salt or harmless coloring matter. See Arizona Laws 3-601
• Candling: means the visual examination of eggs to establish their quality by the use of transmitted light to determine the cleanliness and soundness of the shell, the size and condition of the aircell and the condition of the yolk, white and germ. See Arizona Laws 3-701
• Carton: means an egg carton as used in commercial practice in the United States. See Arizona Laws 3-701
• Case: means a standard thirty-dozen egg case as used in commercial practice in the United States. See Arizona Laws 3-701
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
• Consumer: means a person who buys eggs for use as food and not for resale in any form. See Arizona Laws 3-701
• container: shall include the lid, cap, top or any other removable or separable part, as well as the container itself. See Arizona Laws 3-661
• Container: means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case. See Arizona Laws 3-701
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the Arizona grain research and promotion council. See Arizona Laws 3-581
• council: means the cotton research and protection council. See Arizona Laws 3-1081
• Council: means the Arizona beef council. See Arizona Laws 3-1231
• Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Deceptive: means any arrangement of the contents of any case, container, subcontainer, lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in grade, size, condition or any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part of the contents as to size, grade, condition or any other respects. See Arizona Laws 3-701
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Arizona department of agriculture. See Arizona Laws 3-101
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-601
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-661
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-701
• Division: means the environmental services division of the Arizona department of agriculture. See Arizona Laws 3-901
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-1201
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• 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
• Equine: means horses, mules, burros and asses. See Arizona Laws 3-1201
• 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.
• Expiration date: means :

  (a) For eggs that are marked grade AA, the words "sell by" or "buy thru" followed by a date, including the month and day, that is not more than twenty-four days after the eggs were candled and includes the date the eggs were candled. See Arizona Laws 3-701

• Federal milk ordinance: means the recommendations of the United States public health service grade "A" pasteurized milk ordinance with administrative procedures. See Arizona Laws 3-601
• Feed lot: means either of the following:

  (a) A beef cattle feed lot, or feed yard, having more than five hundred head of beef cattle at one time during the licensed year. See Arizona Laws 3-1451

• Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• First buyer: means a person, partnership, corporation or cooperative that purchases grain from a producer in the first instance or a public or private lienholder, secured party or pledgee, or assignee of the lienholder, secured party or pledgee, who gains title to the grain from the grower as a result of exercising any legal rights by the lienholder, secured party, pledgee or assignee regardless of when the lien, security interest or pledge was created. See Arizona Laws 3-581
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Food product: includes :

  (a) Every product of the soil in its natural or manufactured state. See Arizona Laws 3-561

• Frozen desserts: means ice cream, frozen custard, french ice cream, ice milk, quiescently frozen confection, quiescently frozen dairy confection, french custard ice cream, artificially sweetened ice cream, manufactured desserts mix, whipped cream confection, bisque tortoni, sherbets, water ice and mellorine frozen desserts and all such other products, together with any mix used in making such frozen desserts, and any other products which are similar in appearance, odor or taste to such products or are prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with dairy products or nondairy products. See Arizona Laws 3-601
• General specifications for dairy plants: means those specifications adopted by the United States department of agriculture and published in title Title 7 of the Code of Federal Regulations, Part 58, subpart B. See Arizona Laws 3-601
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grade: means classified as to quality and applies to a dozen, case, lot or load of eggs. See Arizona Laws 3-701
• Grain: means the seed of barley and wheat of all classes produced for use as food, feed or seed or produced for any industrial or commercial use. See Arizona Laws 3-581
• Half case: means a fifteen-dozen container or one-half standard thirty-dozen egg case as used in commercial practice in the United States. See Arizona Laws 3-701
• Handler: means a person who as owner, agent, broker or intermediary, either directly or indirectly, receives, purchases or otherwise acquires ownership, possession or control of milk in unprocessed or bulk form from a producer or a producer-handler for manufacturing, processing, selling or other handling. See Arizona Laws 3-601
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means an egg inspector who is appointed or assigned pursuant to section 3-709. See Arizona Laws 3-701
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means cattle, equine, sheep, goats and swine, except feral pigs. See Arizona Laws 3-1201
• Livestock officer: means an animal health and welfare officer, animal health and welfare inspector or investigator employed by the department. See Arizona Laws 3-1201
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Manufactured milk products: includes :

  (a) Butter. See Arizona Laws 3-601

• Manufacturer: means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption. See Arizona Laws 3-701
• manufacturing cream: means milk or cream not conforming to the requirements of the federal milk ordinance. See Arizona Laws 3-601
• Manufacturing milk processing plant: means any place, premises or establishment where manufacturing milk or manufactured milk products, or any combination of them, are collected, handled, processed, manufactured, stored, pasteurized, aseptically processed, bottled or prepared for distribution. See Arizona Laws 3-601
• Marked: means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded. See Arizona Laws 3-701
• Marketing year: means a one year period from February 1 through January 31 of the following calendar year. See Arizona Laws 3-581
• Measuring device: includes a measuring rod and a transparent measuring tube. See Arizona Laws 3-601
• Milk distributing plant: means a plant processing and distributing milk and milk products other than products made from manufacturing milk. See Arizona Laws 3-601
• Milk holding tank: means a stationary tank used to measure milk or cream. See Arizona Laws 3-601
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Misbranded: means either:

  (a) The existence of one or more of the conditions described in section 403 of the federal food, drug and cosmetic act, as amended (52 Stat. See Arizona Laws 3-601

• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
• Nest run eggs: means eggs that are packed as they come from the production facilities without having been washed, sized or candled for quality, regardless of whether some undergrades have been removed. See Arizona Laws 3-701
• Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
• Operator: means the owner or the person having charge or control of a feed lot. See Arizona Laws 3-1451
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• pasteurized: means a process prescribed by the standards set forth in the federal milk ordinance or any other process demonstrated to be equally efficient and approved by the associate director. See Arizona Laws 3-601
• Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
• Person: includes an individual, household, firm, corporation, company or association. See Arizona Laws 3-701
• Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
• Person: means an individual, corporation, partnership, trust, association, cooperative association and any other business unit or organization. See Arizona Laws 3-1231
• Person: means an individual, a corporation, a group of individuals, joint venturers, a partnership, or any other business entity. See Arizona Laws 3-1451
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Poultry: means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs. See Arizona Laws 3-1201
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• 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.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Processed: means that the shell has been treated with oil or another preservative preparation. See Arizona Laws 3-701
• Producer: includes owners, proprietors or tenants of agricultural lands, orchards, farms and gardens where food products are grown, raised or prepared for market. See Arizona Laws 3-561
• Producer: means a person, partnership, corporation or cooperative in this state that produces and sells grain in commercial channels. See Arizona Laws 3-581
• Producer: means a person that produces milk from cows and whose bulk milk is received, acquired or handled by a handler. See Arizona Laws 3-601
• Producer: means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state. See Arizona Laws 3-701
• Producer: means a person who owns or acquires ownership of cattle. See Arizona Laws 3-1231
• Producer-dealer: means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers. See Arizona Laws 3-701
• Producer-distributor: means a producer of milk handling his own product exclusively and distributing it as milk. See Arizona Laws 3-601
• Producer-manufacturer: means a producer of milk handling his own product exclusively, and manufacturing milk products therefrom and distributing the products. See Arizona Laws 3-601
• Property: includes both real and personal property. See Arizona Laws 1-215
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quality: means the inherent properties of any product that determine its relative degree of excellence. See Arizona Laws 3-701
• railroad: as used in this article includes any person, firm or corporation operating a railroad. See Arizona Laws 3-1701
• Range: means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed. See Arizona Laws 3-1201
• Range livestock: means livestock customarily permitted to roam upon the ranges of the state, whether public domain or in private control, and not in the immediate actual possession or control of the owner although occasionally placed in enclosures for temporary purposes. See Arizona Laws 3-1201
• Ratite: means ostriches, emus, rheas and cassowaries. See Arizona Laws 3-1201
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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
• Sell: includes to offer for sale, to expose for sale or to have in possession for sale, exchange, barter or trade. See Arizona Laws 3-701
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Size: means classified as to weight. See Arizona Laws 3-701
• Standard: means the quality specifications for a single egg. See Arizona Laws 3-701
• State agency: means any agency or political subdivision of the state. See Arizona Laws 3-901
• State land: includes land owned by this state or by a state agency. See Arizona Laws 3-901
• Statute: A law passed by a legislature.
• Stray animal: as used in this article means livestock, bison or ratites whose owner is unknown or cannot be located, or any such animal whose owner is known but permits the animal to roam at large on the streets, alleys, roads, range or premises of another without permission, except that this section does not apply to livestock where the principles of a federal permit, federal allotment or federal lease are in dispute. See Arizona Laws 3-1401
• Subcontainer: means a container that is used within another container. See Arizona Laws 3-701
• Summons: Another word for subpoena used by the criminal justice system.
• Supervisor: means the state dairy supervisor employed pursuant to section 3-603. See Arizona Laws 3-601
• Supervisor: means the supervisor of egg inspection or the supervisor's authorized representative. See Arizona Laws 3-701
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trade product: means a product which has the appearance, taste, smell, texture or color of, but is not, a real product; which, taken as a whole, bears resemblance to or is in imitation of a real product, or could be mistaken for a real product. See Arizona Laws 3-661
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Verdict: The decision of a petit jury or a judge.
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215