Ariz. Admin. Code § 3-2-906

Current through Register Vol. 30, No. 45, November 8, 2024

Section R3-2-906 - Violations and Penalties

A. A dealer, producer-dealer, manufacturer, producer, or retailer, at each individual location, is subject to the penalties in subsection (B) for any of the following violations:

1. Category A:

a. Making a false or misleading statement relating to advertising or selling eggs and egg products;

b. Acting as a dealer, producer-dealer, producer, or manufacturer without a valid license;

c. Selling shell eggs with an incorrect or incomplete expiration date, or without an expiration date;

d. Selling grade AA or grade A eggs after the expiration date on the carton, case, or container. Selling pasteurized in-shell eggs without or past the "Best By" or "Use by" date;

e. Failing to maintain records and reports required by this Article;

f. Failing to label a carton, case, or container with one size, one grade, one brand name, or, as required under R3-2-907;

g. Moving eggs or an egg case, carton, or container with a warning tag or notice, or removing a warning tag or notice without permission from the Director;

h. Refusing to submit egg or egg product, an egg case, carton, container, subcontainer, lot, load, or display of eggs to inspection; or

i. Refusing to stop, at the request of an authorized representative of the Department, any vehicle transporting eggs or egg products;

j. Selling eggs that have not been produced in accordance with the standards prescribed under R3-2-907;

k. Failing to raise egg-laying hens in this state in accordance with the standards prescribed under R3-2-907.

2. Category B:

a. Extending the expiration date of shell eggs as defined in A.R.S. § 3-701(13); or

b. Advertising, representing, or selling out-of-state eggs as local eggs.

3. Category C:

a. Failing to ensure that shell eggs for human consumption are kept refrigerated at an ambient temperature not higher than 45° F;

b. Failing to ensure that frozen egg products for human consumption, labeled for storage at 0° F or below, are kept under refrigeration at a temperature of 0° F or lower;

c. Failing to ensure that liquid egg products for human consumption are kept refrigerated at a temperature not higher than 40° F; or

d. Failing to meet the sanitary standards egg processing of R3-2-908.

B. Any violation of this Article or of A.R.S. Title 3, Chapter 5, Article 1 not listed in subsection (A) is subject to a Category A civil penalty.

C. Under A.R.S. § 3-739, the civil penalty for a violation of subsection (A) is in Table III.

Ariz. Admin. Code § R3-2-906

Former Rule 6; Amended effective February 19, 1982. Former Section R3-6-06 renumbered as Section R3-2-906 (Supp. 82-1). Section R3-6-106 renumbered to R3-2-906 (Supp. 91-4). Former Section R3-2-906 renumbered to R3-2-903, new Section adopted effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4058, effective October 7, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 15 A.A.R. 863, effective October 1, 2009 (Supp. 09-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final rulemaking at 28 A.A.R. 802, effective 10/1/2022.