Ariz. Admin. Code § R3-4-202 - Domestic Importation

A. Any commodity shipped or transported into the state shall be made available for inspection if required to determine whether the commodity is free of all live pests subject to federal and state laws and rules.

B. Each commodity shipped or transported into the state shall display the following information on a bill of lading, manifest, freight bill, or on the outside of the carton;

1. The name and address of the shipper and receiver;

2. A certificate of inspection for nursery stock, if applicable;

3. The botanical or common name of the commodity;

4. The quantity of each type of commodity;

5. The state or foreign country where each commodity originated;

6. Any other certificate required by this Article.

C. Packaging.

1. Any commodity shipped or transported into the state shall be packaged or wrapped in a manner to allow inspection by an inspector.

2. The following and other similar types of packages are prohibited:

a. Packages that cannot be opened without destroying either the package or its contents;

b. Packages that cannot, once opened, be resealed after inspection without the inspector supplying additional packing material to protect the contents;

c. Commodities that are packaged or sealed with wire or seals that cannot be opened and resealed without special tools or equipment;

d. Clear or colored waxes applied to a commodity that prevent inspection.

D. B. Restrictions.

1. Prior to or upon delivery, a shipper, consignor, or broker of a commodity, regulated or otherwise, (excluding processed products) which is shipped into the state must provide the receiver with a bill of lading, manifest, or other similar documentation that indicates:

a. The contact information of the consignor and consignee;

b. The contents of the shipment; and

c. The origin of the commodity.

2. A shipper, consignor, or broker must provide common carriers documentation prior to shipment containing the following additional information for any commodity that is shipped or transported into the state that is regulated by this article or other state or federal law, rule or order enforced by the Department:

a. The name and physical address of the shipper and receiver;

b. A certificate of inspection for nursery stock, if applicable;

c. The botanical or common name of the commodity, if applicable;

d. The trade or descriptive name of the used container or used equipment, if applicable;

e. The quantity of each type of commodity;

f. The county and state or foreign country where each commodity originated;

g. Any other certificate or permit required by this Article or other state or federal law, rule or order enforced by the Department.

2 3. Common carriers shall provide the receiver of a commodity regulated by this article or other state or federal law, rule or order enforced by the Department, with the documentation required under subsection (B)(2) at the time the regulated commodity is delivered to the receiver.

a. All carriers shall hold a commodity until it is inspected by an inspector and a Certificate of Release, under A.R.S. § 3-209, is issued. The Director may authorize a carrier to deliver a commodity to a consignee before the inspection.

i. If the commodity requiring inspection cannot be adequately inspected, the inspector may place the commodity under a "Warning-Hold for Agricultural Inspection."

ii. The inspector may seal the truck to prevent the likelihood of spreading harmful pests.

b. When a carrier enters the state at a port-of-entry where agriculture inspections are performed, the driver shall:

i. Provide the inspector with the bill of lading, manifest, or a short-form manifest signed by the company's authorized agent responsible for supervising the loading of the contents in the shipment;

ii. Open the vehicle and expose the contents for inspection; and

iii. Assist the inspector in gaining access to the contents.

c. When a carrier enters the state at a port-of-entry where no agricultural inspections are performed, the carrier shall follow procedures specified in subsection (D)(2)(b), proceed to destination for inspection, and provide the following information on a Load Report form:

i. The name, address, and telephone number of the shipper;

ii. The name, address, and telephone number of the primary receiver;

iii. The name and address of the carrier;

iv. The tractor unit number and trailer license number; and

v. The name and address of additional receivers, if any.

3. Bulk mail facility. All commodities entering a bulk mail facility shall be held for inspection. The commodity shall not be released until an inspector inspects the commodity and issues a Certificate of Release.

4. Railroad. Any commodity shipped by railroad shall be inspected at destination. The responsible party shall notify the Director in advance of the shipment to schedule an inspection of the commodity.

5. Out-of-state destination. If a commodity requiring inspection is shipped to a point outside the state, and is confirmed by a short-form manifest, freight bill, or bill of lading, the inspector shall give the driver a notice in writing, or by transit stamp, that the shipment is under quarantine while in the state, and it is unlawful to dispose of the shipment in any way unless the shipment is inspected and released by an inspector.

6. 4. Certificate of Release. Any person receiving a regulated commodity from a post office, package transportation and delivery terminal, or any carrier without a Certificate of Release shall immediately notify the Department and request an inspection.

E. Disposition of commodity. When a common carrier is in possession of, or responsible for, a commodity that has been inspected by an inspector and found in violation of this article or other state or federal law, rule or order enforced by the Department, and elects to ship the commodity out-of-state, A.R.S. § 3-210:

1. The inspector shall notify the shipper, consignor or broker that the commodity is being shipped out-of-state.

2. The common carrier shall follow the directions provided by the inspector on moving the commodity out-of-state.

F. Violations.

1. The inspector shall place any commodities not meeting the requirements of subsections (C)(1) and (C)(2) under quarantine and notify the shipper in writing of the following options:

a. Reship the commodity out-of-state;

b. Provide the necessary labor and material to open the package and reseal it after inspection; or

c. Under the supervision of an inspector, destroy the shipment.

2. Any person who violates any of the following provisions shall submit the load for complete inspection at a port-of-entry, or where apprehended;

a. Fails to comply with requirements on the "Warning-Hold for Agricultural Inspection" notice;

b. Fails to comply with the inspector's instructions;

c. Breaks the seals of a sealed vehicle; or

d. Delivers a product under quarantine before it is released by an inspector, or authorized by the Director.

Notes

Ariz. Admin. Code § R3-4-202

Former Rule, Quarantine Regulation 2; Amended effective July 1, 1975 (Supp. 75-1). Former Section R3-4-50 repealed, new Section R3-4-50 adopted effective October 23, 1978 (Supp. 78-5). Section R3-1-50 renumbered to R3-4-201 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 19 A.A.R. 3860, effective January 4, 2014. Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.