Terms Used In Arizona Laws > Title 1 > Chapter 2 > Article 3 - Effect of Statutes

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Affected commodity: means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order. See Arizona Laws 3-401
• Affected person: means a producer or shipper of an affected commodity. See Arizona Laws 3-401
• agreement: means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article. See Arizona Laws 3-401
• Agricultural pilot program: means the industrial hemp program that is designed to research the growth, cultivation and marketing of industrial hemp, hemp seeds and hemp products as authorized by this article and rules and orders adopted by the director pursuant to this article. See Arizona Laws 3-311
• Agricultural seed: means the seeds of grass, forage, cereal, and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the department determines that such seed is being used as agricultural seed. See Arizona Laws 3-231
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associate director: means the associate director of the division. See Arizona Laws 3-201
• Associate director: means the associate director of the environmental services division of the Arizona department of agriculture. See Arizona Laws 3-262
• Associate director: means the associate director of the division. See Arizona Laws 3-361
• Associate director: means the associate director of the citrus, fruit and vegetable division of the department. See Arizona Laws 3-401
• Associate director: means the associate director of the citrus, fruit and vegetable division of the department. See Arizona Laws 3-441
• Associate director: means the associate director of the division. See Arizona Laws 3-481
• Associate director: means the associate director of the citrus, fruit and vegetable division of the department. See Arizona Laws 3-525
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Brand: means a term, design or trademark used in connection with one or several grades of commercial fertilizer. See Arizona Laws 3-262
• Bulk: means fertilizer materials delivered to the purchaser in the solid or liquid state, in a nonpackaged form to which a label cannot be attached. See Arizona Laws 3-262
• By-products: means any product from citrus fruit that is commercially processed or manufactured for resale. See Arizona Laws 3-441
• By-products: means a product that is commercially processed or manufactured for resale from fruits or vegetables or their juices. See Arizona Laws 3-481
• Cease and desist order: means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed. See Arizona Laws 3-231
• Citrus: means varieties of the genus citrus that are commercially produced in this state for the fresh market or for juice production but does not include commercially produced by-products or products manufactured for resale. See Arizona Laws 3-468
• citrus fruit: means the fruit of any orange, lemon, lime, grapefruit, tangerine, kumquat or other citrus tree that produces edible citrus fruit suitable for human consumption. See Arizona Laws 3-441
• Commercial fertilizer: means any substance that contains one or more recognized plant nutrients, that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, and other products exempted by rule. See Arizona Laws 3-262
• commission: means the marketing commission established under section 3-413. See Arizona Laws 3-401
• Commission merchant: means a person that receives on consignment or solicits from the producer any citrus fruit for sale on commission on behalf of the producer or accepts any citrus fruit in trust from the producer for the purpose of resale. See Arizona Laws 3-441
• Commission merchant: means a person that receives on consignment or solicits from the producer any fruit or vegetable for sale on commission on behalf of the producer or that accepts any fruit or vegetable in trust from the producer for the purpose of resale. See Arizona Laws 3-481
• committee: means a marketing committee established by a marketing agreement according to section 3-426. See Arizona Laws 3-401
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Container: means a box, carton or lug that is used for packing, shipping or selling fruit or vegetables that are authorized by this article or rules adopted pursuant to this article. See Arizona Laws 3-481
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the Arizona citrus research council. See Arizona Laws 3-468
• Council: means the Arizona iceberg lettuce research council. See Arizona Laws 3-526
• crop: includes every kind of vegetation, wild or domesticated, and any part thereof, as well as seed, fruit or other natural product of such vegetation. See Arizona Laws 3-201
• Crop: means any industrial hemp that is grown under a single industrial hemp license issued by the department. See Arizona Laws 3-311
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• De minimis violation: means a violation which, although undesirable, has no direct or immediate relationship to safety, health or property damage. See Arizona Laws 3-361
• Dealer: means any person who sells seed. See Arizona Laws 3-231
• Dealer: means a person that sells, markets or distributes citrus fruit that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. See Arizona Laws 3-441
• Dealer: means a person that sells, markets or distributes fruit or vegetables that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. See Arizona Laws 3-481
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Arizona department of agriculture. See Arizona Laws 3-101
• Depose: includes every manner of written statement under oath or affirmation. See Arizona Laws 1-215
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Diseases: includes any fungus, bacterium, virus or other organism of any kind and any unknown cause that is or may be found to be injurious, or likely to be or to become injurious to any domesticated or cultivated plant, or to the product of any such plant. See Arizona Laws 3-201
• Distributor: means any person who offers for sale, sells, barters, solicits business or otherwise supplies fertilizer materials. See Arizona Laws 3-262
• Division: means the plant services division of the Arizona department of agriculture. See Arizona Laws 3-201
• Division: means the environmental services division of the Arizona department of agriculture. See Arizona Laws 3-231
• Division: means the environmental services division of the Arizona department of agriculture. See Arizona Laws 3-361
• Division: means the citrus, fruit and vegetable division of the department. See Arizona Laws 3-481
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fertilizer material: means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil. See Arizona Laws 3-262
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grade: means the percentage of total nitrogen, available phosphate or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. See Arizona Laws 3-262
• Grower: means an individual, partnership, company or corporation that propagates industrial hemp under this article and rules and orders adopted by the director pursuant to this article. See Arizona Laws 3-311
• Grower-shipper: means a person who is engaged in this state in the business of packing, shipping, transporting or selling citrus of which the person is a grower, producer or owner. See Arizona Laws 3-468
• Grower-shipper: means a person who is engaged in this state in the business of packing, shipping, transporting or selling iceberg lettuce of which he is a grower, producer or owner. See Arizona Laws 3-526
• Handler: means a person who engages in marketing citrus on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise. See Arizona Laws 3-468
• Handler: means a person who engages in marketing iceberg lettuce on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise. See Arizona Laws 3-526
• Harvester: means an individual, partnership, company or corporation that is licensed by the department to harvest industrial hemp for a licensed grower. See Arizona Laws 3-311
• Hemp products: means all products made from industrial hemp, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics and by-products derived from sterile hemp seed or hemp seed oil. See Arizona Laws 3-311
• Hemp seed: means any viable cannabis sativa L. See Arizona Laws 3-311
• Hybrid: means the first generation seed of a crossbreed produced by controlling pollination and by combining two or more inbred lines, or one inbred or a single crossbreed with an open pollinated variety, or two varieties or species, except open pollinated varieties of corn (zea mays). See Arizona Laws 3-231
• Iceberg lettuce: means varieties of lettuce produced in this state of the types which are distinguished as "crisphead" in the publication entitled "lettuce production in the United States, agricultural handbook no. See Arizona Laws 3-526
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial hemp: means the plant cannabis sativa L. See Arizona Laws 3-311
• Industrial hemp site: means the location in which a grower, harvester, transporter or processor possesses a crop, a harvested crop or hemp seed. See Arizona Laws 3-311
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kind: means one or more related species or subspecies which singly or collectively are known by one common name, such as corn, oats, alfalfa and timothy. See Arizona Laws 3-231
• Label: means any label or other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers and includes representations or invoices. See Arizona Laws 3-231
• Labeler: means any person whose name and address appear on the label pertaining to or attached to a lot or container of agricultural, vegetable or ornamental plant seed sold, offered for sale, exposed for sale or transported for sowing purposes. See Arizona Laws 3-231
• License: means an Arizona state seed license that is obtained from the department. See Arizona Laws 3-231
• License: means the authorization that is granted by the department to propagate, harvest, transport or process industrial hemp in this state under this article and rules and orders adopted by the director pursuant to this article. See Arizona Laws 3-311
• Licensee: means a grower, harvester, transporter or processor with a valid license. See Arizona Laws 3-311
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lot: means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling. See Arizona Laws 3-231
• Lot: means a unit of identical or similar items that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-441
• Lot: means a unit of identical or similar items that are produced by one person and that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are produced by one person and that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-481
• Manufacture: means to compound, produce, granulate, mix, blend or alter the composition of fertilizer materials. See Arizona Laws 3-262
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Nonserious violation: means a violation that may have had a direct or immediate relationship to safety, health or property damage, but which does not constitute a de minimis violation or a serious violation, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety, health or property damage risk in which case the violation is de minimis. See Arizona Laws 3-361
• Noxious weed: means any species of plant that is, or is liable to be, detrimental or destructive and difficult to control or eradicate and shall include any species that the director, after investigation and hearing, shall determine to be a noxious weed. See Arizona Laws 3-201
• Noxious-weed seeds: means "prohibited noxious-weed seeds" and "restricted noxious-weed seeds" as defined as follows and as listed in the rules adopted under this article. See Arizona Laws 3-231
• Nursery: means real property or other premises on or in which nursery stock is propagated, grown or cultivated or from which source nursery stock is offered for distribution or sale. See Arizona Laws 3-201
• Nursery stock: includes all trees, shrubs, vines, cacti, agaves, succulents, herbaceous plants whether annuals, biennials or perennials, bulbs, corms, rizomes, roots, decorative plant material, flowers, fruit pits or seeds, cuttings, buds, grafts, scions and other plants intended for sale, gift or propagation, either cultivated or collected in the wild, except seeds as regulated by article 2 of this chapter, fruit and vegetables regulated by chapter 3, articles 2 and 4 of this title and cotton plants. See Arizona Laws 3-201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official sample: means any sample of fertilizer materials taken by the associate director or the associate director's agent and designated as official by the associate director. See Arizona Laws 3-262
• order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
• Ornamental plant seed: means the seed of any plant used for decorative or ornamental purposes and includes flower seed. See Arizona Laws 3-231
• packages: means any container used for packing, shipping or selling citrus fruit. See Arizona Laws 3-441
• Packer: means a person, other than a producer, shipper or dealer, that is engaged in the business of packing any citrus fruit. See Arizona Laws 3-441
• Packer: means a person, other than a producer, shipper or dealer, that is engaged in the business of harvesting or packing fruit or vegetables. See Arizona Laws 3-481
• Paraquat: means the pesticide dimethyl-dipyridinium dichloride. See Arizona Laws 3-361
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means the percentage by weight. See Arizona Laws 3-262
• Person: means any individual, partnership, corporation, company, society or association. See Arizona Laws 3-231
• Person: includes individual, partnership, association, firm or corporation. See Arizona Laws 3-262
• Person: means any individual, firm, corporation, trust, association or partnership. See Arizona Laws 3-401
• Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-441
• Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-481
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Pesticide: means any substance or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating insects, fungi, bacteria, weeds, rodents, predatory animals or any form of plant or animal life which is, or which the director may declare to be, a pest which may infest or be detrimental to vegetation, humans, animals or households or which may be present in any environment. See Arizona Laws 3-361
• Pesticide use: means the sale, processing, storing, transporting, handling or applying of a pesticide and disposal of pesticide containers. See Arizona Laws 3-361
• Pests: includes all noxious weeds, insects, diseases, mites, spiders, nematodes and other animal or plant organisms found injurious, or likely to be or to become injurious, to any domesticated, cultivated, native or wild plant, or to the product of any such plant. See Arizona Laws 3-201
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• Primary plant nutrient: means total nitrogen, available phosphate or soluble potash. See Arizona Laws 3-262
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Processor: means an individual, partnership, company or corporation that is licensed by the department to receive industrial hemp for processing into hemp products or hemp seed. See Arizona Laws 3-311
• Produce safety rule: means the United States food and drug administration produce safety rule (Title 21 of the Code of Federal Regulations, Part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P. See Arizona Laws 3-525
• Producer: means a person that has a financial interest in producing or causing citrus, fruit or vegetable commodities to be produced for market in commercial quantities. See Arizona Laws 3-401
• Producer: means a person that is engaged in this state in the business of producing or causing citrus fruit to be produced for market in commercial quantities. See Arizona Laws 3-441
• Producer: means a person who is engaged in this state in the business of commercially producing or causing citrus to be commercially produced. See Arizona Laws 3-468
• Producer: means a person that is engaged in this state in the business of producing or causing fruit or vegetables to be produced for market in commercial quantities. See Arizona Laws 3-481
• Producer: means a person engaged in this state in the business of producing or causing to be produced iceberg lettuce. See Arizona Laws 3-526
• Property: includes both real and personal property. See Arizona Laws 1-215
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• registered seed: means seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized seed-certifying agency. See Arizona Laws 3-231
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• sale: includes exchange. See Arizona Laws 3-262
• Sell: means offer for sale, expose for sale, possess for sale, exchange, barter or trade. See Arizona Laws 3-231
• Serious violation: means a violation of this article or a rule adopted under this article which produces a substantial probability that death or serious physical harm could result, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety or human health risk, in which case the violation is nonserious. See Arizona Laws 3-361
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shipment: includes anything that is brought into the state or that is transported within the state and that may be the host or may contain or carry or may be susceptible of containing, carrying or having present on, in or about it any plant pest or plant disease. See Arizona Laws 3-201
• Shipper: means a person that engages in shipping, transporting, selling or marketing citrus, fruits or vegetables under the shipper's own registered trademark or label or a person that first markets the fruits or vegetables for the producer. See Arizona Laws 3-401
• Shipper: means a person that ships, transports, sells or markets citrus fruit under the person's registered trademark or label or a person that first markets the citrus fruit on behalf of the producer. See Arizona Laws 3-441
• Shipper: means a person that ships, transports, sells or markets fruit or vegetables under the person's registered trademark or label or a person that first markets the fruit or vegetables on behalf of the producer. See Arizona Laws 3-481
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ton: means a net weight of two thousand pounds avoirdupois. See Arizona Laws 3-262
• Transporter: means an individual, partnership, company or corporation that is licensed by the department to transport industrial hemp for a licensed grower to a processor. See Arizona Laws 3-311
• Treated: means that the seed has received an application of a substance or process that is designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing from the seeds. See Arizona Laws 3-231
• Trustee: A person or institution holding and administering property in trust.
• Type: means either a group of varieties so similar that the individual varieties cannot be clearly differentiated except under special conditions or, when used with a variety name, seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character. See Arizona Laws 3-231
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Variety: means a subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics by which it can be differentiated from other plants of the same kind. See Arizona Laws 3-231
• Vegetable seeds: means seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state. See Arizona Laws 3-231
• Volume: means cartons or the equivalent weight of Arizona-grown products marketed in the preceding marketing season. See Arizona Laws 3-401
• Writing: includes printing. See Arizona Laws 1-215
• Written assent: means a signed statement of an affected person consenting to the terms of a marketing order. See Arizona Laws 3-401