Violations and Penalties

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: December 31, 2025 Supp. Administrative Code 3 A.A.C. 2 AGRICULTURE AGRICULTURE - ANIMAL SERVICES DIVISION Note R3-2-906 and amended effective July 13, 1995 (Supp. 95-3); it August 2, 2003 (Supp. 03-2). The table and historical notes were scheme of tables made at 26 A.A.R. 781 (Supp. 20-2). 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; accor- k. Failing to raise egg-laying hens in this state in dance 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 contem- sumption are kept refrigerated at an ambient perature 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. Historical Note 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. 25-4 Page 41 3 A.A.C. 2 Arizona CHAPTER 2. DEPARTMENT OF 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 made by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). Amended by final rulemaking at 28 A.A.R. 802 (April 22, 2022), effective October 1, 2022 (Supp. 22-2). Table III. Violations and Penalties Number of Violations Category A Category B Category C 1 Warning Warning Warning 2 $50 $50 $100 3 $100 $100 $200 4 $150 $400 5 $200 $500 6 $250 7 $300 Historical Note Table III made by made by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). Heading added for clarity (Supp. 21-3).