The Arizona Revised Statutes have been updated to include the revised sections from the 53rd Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 54th Legislature, 1st Regular Session, which convenes in January 2019.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
3-490. Unlawful possession; inspection; proof of ownership; seizure; exceptions
A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of fruit or vegetables that are regulated pursuant to this article are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in possession.
B. If an inspector has probable cause to believe that at least fifty pounds of any fruit or vegetables that are regulated pursuant to this article are in unlawful possession in a vehicle, the inspector may request a peace officer to stop the vehicle for inspection and request proof of ownership from the person in possession.
C. Except as provided in subsection D of this section, for the purposes of this section, proof of ownership includes all of the following:
1. The name, address and telephone number of the seller.
2. The name, address and telephone number of the buyer, or consignee if not sold.
3. The common or generic name and quantity of the fruit or vegetable.
4. The date of the transaction and the date the transportation began.
D. A bill of lading, a bill of sale, data obtainable by electronic transmission or a similar type of document is considered proof of ownership for the purposes of this section.
E. The buyer and seller shall retain a copy of the documents showing proof of ownership for sixty days after delivery.
F. An inspector or peace officer may seize and hold a fruit or vegetable if, after requesting or inspecting the offered proof of ownership, the inspector or peace officer reasonably believes that the person is in unlawful possession of a fruit or vegetable regulated under this article.
G. If an investigation reveals the lawful owner of the fruit or vegetable that has been seized pursuant to this section, the fruit or vegetable shall be released to the owner or the owner's agent. If a seized fruit or vegetable remains unclaimed after a reasonable period of time, the associate director may donate the fruit or vegetable to a nonprofit charitable organization. If the fruit or vegetable does not comply with the standards prescribed pursuant to this article, the associate director may destroy it.
H. This section does not apply to:
1. Fruit or vegetables that are transported from the farm where they are produced to a commercial packing plant in this state for processing or packing.
2. Fruit or vegetables that are transported and accompanied by a valid disposal order issued by an inspector to comply with this article or rules adopted pursuant to this article.