Arizona Laws 3-449.05. 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 citrus fruit are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in possession.
Terms Used In Arizona Laws 3-449.05
- Associate director: means the associate director of the citrus, fruit and vegetable division of the department. See Arizona Laws 3-441
- 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
- Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-441
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
B. If an inspector has probable cause to believe that at least fifty pounds of citrus fruit 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 citrus fruit.
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 citrus fruit 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 the citrus fruit.
G. If an investigation reveals the lawful owner of the citrus fruit that has been seized pursuant to this section, the citrus fruit shall be released to the owner or the owner’s agent. If a seized citrus fruit remains unclaimed after a reasonable period of time, the associate director may donate the citrus fruit to a nonprofit charitable organization. If the citrus fruit 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. Citrus fruit that is transported from the farm where it is produced to a commercial packing plant in this state for processing or packing.
2. Citrus fruit that is transported and accompanied by a valid disposal order issued by an inspector to comply with this article or rules adopted pursuant to this article.