Arizona Revised Statutes Title 3. Agriculture § 3-2612. Adulteration; penalties payable to customer; hearing; definitions

A. With respect to the level of aflatoxin present, if the examination of labeling or the analysis of an official sample of any whole cottonseed, commercial feed or customer-formula feed shows mislabeling pursuant to § 3-2610 as determined by the director or adulteration pursuant to § 3-2611 as determined by the director, the following provisions shall apply:

B. All penalties assessed under this section shall be paid by the seller to the customer of the whole cottonseed, commercial feed or customer-formula feed within thirty days of the date of notice from the director to the seller by certified return receipt mail. The seller or the seller's representative shall obtain a receipt from the customer and promptly forward a copy to the director. If the customer cannot be found, the amount of the penalty shall be paid to the department for deposit, pursuant to §§ 35-146 and 35-147, in the state general fund.

C. The director shall designate as an official sample a sample taken by a customer or the customer's representative if the director is satisfied that the sample has been taken in accordance with the method of sampling established pursuant to § 3-2605, subsection B.

D. Any person who is adversely affected by a decision of the director under this section may request a hearing pursuant to title 41, chapter 6, article 10.  1

E. For purposes of this section: