Terms Used In Arizona Laws > Title 1 > Chapter 3 - Holidays

• Absconder: means a probationer who has moved from the probationer's primary residence without permission of the probation officer, who cannot be located within ninety days of the previous contact and against whom a petition to revoke has been filed in the superior court alleging that the probationer's whereabouts are unknown. See Arizona Laws 13-105
• Act: means a bodily movement. See Arizona Laws 13-105
• Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
• Adulterated: means the existence of one or more of the conditions described in section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. See Arizona Laws 3-601
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agent: includes a bailee, broker, commission merchant, factor, auctioneer, solicitor or consignee and any other person acting on the express or implied authority of another person. See Arizona Laws 3-701
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Aquaculture: means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants. See Arizona Laws 3-1201
• 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 3-901
• Associate director: means the associate director of the division. See Arizona Laws 3-1201
• Associate director: means the associate director of the division. See Arizona Laws 3-601
• Associate director: means the associate director of the division. See Arizona Laws 3-661
• Associate director: means the associate director of the division. See Arizona Laws 3-701
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beef: includes veal. See Arizona Laws 3-1231
• Beef cattle: means cattle or calves grown primarily for meat production. See Arizona Laws 3-1451
• Beef products: includes veal products. See Arizona Laws 3-1231
• 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}
• Butter: means the clean and nonrancid product containing not less than eighty per cent milk fat produced by gathering the fat of milk or cream into a mass, containing a small portion of other milk constituents, and with or without salt or harmless coloring matter. See Arizona Laws 3-601
• Candling: means the visual examination of eggs to establish their quality by the use of transmitted light to determine the cleanliness and soundness of the shell, the size and condition of the aircell and the condition of the yolk, white and germ. See Arizona Laws 3-701
• Carton: means an egg carton as used in commercial practice in the United States. See Arizona Laws 3-701
• Case: means a standard thirty-dozen egg case as used in commercial practice in the United States. See Arizona Laws 3-701
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission and its accompanying culpable mental state. See Arizona Laws 13-105
• Consumer: means a person who buys eggs for use as food and not for resale in any form. See Arizona Laws 3-701
• container: shall include the lid, cap, top or any other removable or separable part, as well as the container itself. See Arizona Laws 3-661
• Container: means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case. See Arizona Laws 3-701
• Continuance: Putting off of a hearing ot trial until a later time.
• Council: means the Arizona grain research and promotion council. See Arizona Laws 3-581
• council: means the cotton research and protection council. See Arizona Laws 3-1081
• Council: means the Arizona beef council. See Arizona Laws 3-1231
• Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
• Criminal negligence: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
• Criminal street gang: means an ongoing formal or informal association of persons in which members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member. See Arizona Laws 13-105
• Culpable mental state: means intentionally, knowingly, recklessly or with criminal negligence as those terms are defined in this paragraph:

  (a) "Intentionally" or "with the intent to" means, with respect to a result or to conduct described by a statute defining an offense, that a person's objective is to cause that result or to engage in that conduct. See Arizona Laws 13-105

• Dangerous drug: means dangerous drug as defined in section 13-3401. See Arizona Laws 13-105
• Dangerous instrument: means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. See Arizona Laws 13-105
• Dangerous offense: means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. See Arizona Laws 13-105
• Deadly physical force: means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury. See Arizona Laws 13-105
• Deadly weapon: means anything designed for lethal use, including a firearm. See Arizona Laws 13-105
• Dealer: means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state. See Arizona Laws 3-701
• Deceptive: means any arrangement of the contents of any case, container, subcontainer, lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in grade, size, condition or any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part of the contents as to size, grade, condition or any other respects. See Arizona Laws 3-701
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the environmental services division of the Arizona department of agriculture. See Arizona Laws 3-901
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-1201
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-601
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-661
• Division: means the animal services division of the Arizona department of agriculture. See Arizona Laws 3-701
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Economic loss: means any loss incurred by a person as a result of the commission of an offense. See Arizona Laws 13-105
• Eggs: means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl. See Arizona Laws 3-701
• Enterprise: includes any corporation, association, labor union or other legal entity. See Arizona Laws 13-105
• Equine: means horses, mules, burros and asses. See Arizona Laws 3-1201
• escape: means :

  (i) A departure from custody or from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility in which the person is held or detained, with knowledge that the departure is not allowed, or the failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 13-105

• Expiration date: means :

  (a) For eggs that are marked grade AA, the words "sell by" or "buy thru" followed by a date, including the month and day, that is not more than twenty-four days after the eggs were candled and includes the date the eggs were candled. See Arizona Laws 3-701

• Federal milk ordinance: means the recommendations of the United States public health service grade "A" pasteurized milk ordinance with administrative procedures. See Arizona Laws 3-601
• Feed lot: means either of the following:

  (a) A beef cattle feed lot, or feed yard, having more than five hundred head of beef cattle at one time during the licensed year. See Arizona Laws 3-1451

• Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• Firearm: means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or may readily be converted to expel a projectile by the action of expanding gases, except that it does not include a firearm in permanently inoperable condition. See Arizona Laws 13-105
• First buyer: means a person, partnership, corporation or cooperative that purchases grain from a producer in the first instance or a public or private lienholder, secured party or pledgee, or assignee of the lienholder, secured party or pledgee, who gains title to the grain from the grower as a result of exercising any legal rights by the lienholder, secured party, pledgee or assignee regardless of when the lien, security interest or pledge was created. See Arizona Laws 3-581
• Frozen desserts: means ice cream, frozen custard, french ice cream, ice milk, quiescently frozen confection, quiescently frozen dairy confection, french custard ice cream, artificially sweetened ice cream, manufactured desserts mix, whipped cream confection, bisque tortoni, sherbets, water ice and mellorine frozen desserts and all such other products, together with any mix used in making such frozen desserts, and any other products which are similar in appearance, odor or taste to such products or are prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with dairy products or nondairy products. See Arizona Laws 3-601
• General specifications for dairy plants: means those specifications adopted by the United States department of agriculture and published in title Title 7 of the Code of Federal Regulations, Part 58, subpart B. See Arizona Laws 3-601
• Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
• Governmental function: means any activity that a public servant is legally authorized to undertake on behalf of a government. See Arizona Laws 13-105
• Grade: means classified as to quality and applies to a dozen, case, lot or load of eggs. See Arizona Laws 3-701
• Grain: means the seed of barley and wheat of all classes produced for use as food, feed or seed or produced for any industrial or commercial use. See Arizona Laws 3-581
• Half case: means a fifteen-dozen container or one-half standard thirty-dozen egg case as used in commercial practice in the United States. See Arizona Laws 3-701
• Handler: means a person who as owner, agent, broker or intermediary, either directly or indirectly, receives, purchases or otherwise acquires ownership, possession or control of milk in unprocessed or bulk form from a producer or a producer-handler for manufacturing, processing, selling or other handling. See Arizona Laws 3-601
• Historical prior felony conviction: means :

  (a) Any prior felony conviction for which the offense of conviction either:

  (i) Mandated a term of imprisonment except for a violation of chapter 34 of this title involving a drug below the threshold amount. See Arizona Laws 13-105

• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means an egg inspector who is appointed or assigned pursuant to section 3-709. See Arizona Laws 3-701
• Intoxication: means any mental or physical incapacity resulting from use of drugs, toxic vapors or intoxicating liquors. See Arizona Laws 13-105
• Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means cattle, equine, sheep, goats and swine, except feral pigs. See Arizona Laws 3-1201
• Livestock officer: means an animal health and welfare officer, animal health and welfare inspector or investigator employed by the department. See Arizona Laws 3-1201
• Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
• Manufactured milk products: includes :

  (a) Butter. See Arizona Laws 3-601

• Manufacturer: means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption. See Arizona Laws 3-701
• manufacturing cream: means milk or cream not conforming to the requirements of the federal milk ordinance. See Arizona Laws 3-601
• Manufacturing milk processing plant: means any place, premises or establishment where manufacturing milk or manufactured milk products, or any combination of them, are collected, handled, processed, manufactured, stored, pasteurized, aseptically processed, bottled or prepared for distribution. See Arizona Laws 3-601
• Marked: means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded. See Arizona Laws 3-701
• Marketing year: means a one year period from February 1 through January 31 of the following calendar year. See Arizona Laws 3-581
• Measuring device: includes a measuring rod and a transparent measuring tube. See Arizona Laws 3-601
• Milk distributing plant: means a plant processing and distributing milk and milk products other than products made from manufacturing milk. See Arizona Laws 3-601
• Milk holding tank: means a stationary tank used to measure milk or cream. See Arizona Laws 3-601
• Misbranded: means either:

  (a) The existence of one or more of the conditions described in section 403 of the federal food, drug and cosmetic act, as amended (52 Stat. See Arizona Laws 3-601

• Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
• Nest run eggs: means eggs that are packed as they come from the production facilities without having been washed, sized or candled for quality, regardless of whether some undergrades have been removed. See Arizona Laws 3-701
• Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
• Operator: means the owner or the person having charge or control of a feed lot. See Arizona Laws 3-1451
• pasteurized: means a process prescribed by the standards set forth in the federal milk ordinance or any other process demonstrated to be equally efficient and approved by the associate director. See Arizona Laws 3-601
• Peace officer: means any person vested by law with a duty to maintain public order and make arrests and includes a constable. See Arizona Laws 13-105
• Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
• Person: includes an individual, household, firm, corporation, company or association. See Arizona Laws 3-701
• Person: means an individual, corporation, partnership, trust, association, cooperative association and any other business unit or organization. See Arizona Laws 3-1231
• Person: means an individual, a corporation, a group of individuals, joint venturers, a partnership, or any other business entity. See Arizona Laws 3-1451
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Physical injury: means the impairment of physical condition. See Arizona Laws 13-105
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Possession: means a voluntary act if the defendant knowingly exercised dominion or control over property. See Arizona Laws 13-105
• Poultry: means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs. See Arizona Laws 3-1201
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• 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.
• Processed: means that the shell has been treated with oil or another preservative preparation. See Arizona Laws 3-701
• Producer: means a person, partnership, corporation or cooperative in this state that produces and sells grain in commercial channels. See Arizona Laws 3-581
• Producer: means a person that produces milk from cows and whose bulk milk is received, acquired or handled by a handler. See Arizona Laws 3-601
• Producer: means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state. See Arizona Laws 3-701
• Producer: means a person who owns or acquires ownership of cattle. See Arizona Laws 3-1231
• Producer-dealer: means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers. See Arizona Laws 3-701
• Producer-distributor: means a producer of milk handling his own product exclusively and distributing it as milk. See Arizona Laws 3-601
• Producer-manufacturer: means a producer of milk handling his own product exclusively, and manufacturing milk products therefrom and distributing the products. See Arizona Laws 3-601
• Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quality: means the inherent properties of any product that determine its relative degree of excellence. See Arizona Laws 3-701
• railroad: as used in this article includes any person, firm or corporation operating a railroad. See Arizona Laws 3-1701
• Range: means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed. See Arizona Laws 3-1201
• Range livestock: means livestock customarily permitted to roam upon the ranges of the state, whether public domain or in private control, and not in the immediate actual possession or control of the owner although occasionally placed in enclosures for temporary purposes. See Arizona Laws 3-1201
• Ratite: means ostriches, emus, rheas and cassowaries. See Arizona Laws 3-1201
• Recklessly: means , with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. See Arizona Laws 13-105
• Retailer: means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale. See Arizona Laws 3-701
• Sell: includes to offer for sale, to expose for sale or to have in possession for sale, exchange, barter or trade. See Arizona Laws 3-701
• Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 13-105
• 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.
• Size: means classified as to weight. See Arizona Laws 3-701
• Standard: means the quality specifications for a single egg. See Arizona Laws 3-701
• State agency: means any agency or political subdivision of the state. See Arizona Laws 3-901
• State land: includes land owned by this state or by a state agency. See Arizona Laws 3-901
• Stray animal: as used in this article means livestock, bison or ratites whose owner is unknown or cannot be located, or any such animal whose owner is known but permits the animal to roam at large on the streets, alleys, roads, range or premises of another without permission, except that this section does not apply to livestock where the principles of a federal permit, federal allotment or federal lease are in dispute. See Arizona Laws 3-1401
• Subcontainer: means a container that is used within another container. See Arizona Laws 3-701
• Supervisor: means the state dairy supervisor employed pursuant to section 3-603. See Arizona Laws 3-601
• Supervisor: means the supervisor of egg inspection or the supervisor's authorized representative. See Arizona Laws 3-701
• 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.
• Trade product: means a product which has the appearance, taste, smell, texture or color of, but is not, a real product; which, taken as a whole, bears resemblance to or is in imitation of a real product, or could be mistaken for a real product. See Arizona Laws 3-661
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Verdict: The decision of a petit jury or a judge.
• Voluntary act: means a bodily movement performed consciously and as a result of effort and determination. See Arizona Laws 13-105
• Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215