Section R3-4-202. Transportation and Packaging

A.      Any commodity shipped or transported into the state shall be inspected to determine whether the commodity is free of all pests subject to federal and state laws and rules.

B.       Each commodity shipped or transported into the state shall dis- play the following information on a bill of lading, manifest, freight bill, or on the outside of the carton;

1.        The name and address of the shipper and receiver;

2.        A certificate of inspection for nursery stock, if applicable;

3.        The botanical or common name of the commodity;

4.        The quantity of each type of commodity;

5.        The state or foreign country where each commodity orig- inated;

6.        Any other certificate required by this Article.

C.      Packaging.

1.        Any commodity shipped or transported into the state shall be packaged or wrapped in a manner to allow inspection by an inspector.

2.        The following and other similar types of packages are prohibited:

a.         Packages that cannot be opened without destroying either the package or its contents;

b.        Packages that cannot, once opened, be resealed after inspection without the inspector supplying addi- tional packing material to protect the contents;

c.         Commodities that are packaged or sealed with wire or seals that cannot be opened and resealed without special tools or equipment;

d.        Clear or colored waxes applied to a commodity that prevent inspection.

D.      Restrictions.

1.        Nursery stock shipments shall not enter Arizona between 8:00 a.m. Friday and 12:01 a.m. Monday, or during a legal holiday.

2.        Common and private carriers. A carrier shall declare all commodities at a port-of-entry.

a.         All carriers shall hold a commodity until it is inspected by an inspector and a Certificate of Release, under A.R.S. § 3-209, is issued. The Direc- tor may authorize a carrier to deliver a commodity to a consignee before the inspection.

i.         If the commodity requiring inspection cannot be adequately inspected, the inspector may place the commodity under a “Warning-Hold for Agricultural Inspection.”

ii.        The inspector may seal the truck to prevent the likelihood of spreading harmful pests.

b.        When a carrier enters the state at a port-of-entry where agriculture inspections are performed, the driver shall:

i.         Provide the inspector with the bill of lading, manifest, or a short-form manifest signed by the company’s authorized agent responsible for supervising the loading of the contents in the shipment;

ii.        Open the vehicle and expose the contents for inspection; and

iii.      Assist the inspector in gaining access to the contents.

c.         When a carrier enters the state at a port-of-entry where no agricultural inspections are performed, the carrier shall follow procedures specified in subsec- tion (D)(2)(b), proceed to destination for inspection, and provide the following information on a Load Report form:

i.         The name, address, and telephone number of the shipper;

ii.        The name, address, and telephone number of the primary receiver;

iii.      The name and address of the carrier;

iv.       The tractor unit number and trailer license number; and

v.        The name and address of additional receivers, if any.

3.        Bulk mail facility. All commodities entering a bulk mail facility shall be held for inspection. The commodity shall not be released until an inspector inspects the commodity and issues a Certificate of Release.

4.        Railroad. Any commodity shipped by railroad shall be inspected at destination. The responsible party shall notify the Director in advance of the shipment to schedule an inspection of the commodity.

5.        Out-of-state destination. If a commodity requiring inspection is shipped to a point outside the state, and is confirmed by a short-form manifest, freight bill, or bill of lading, the inspector shall give the driver a notice in writ- ing, or by transit stamp, that the shipment is under quar- antine while in the state, and it is unlawful to dispose of the shipment in any way unless the shipment is inspected and released by an inspector.

6.        Certificate of Release. Any person receiving a commod- ity from a post office, United Parcel Service terminal, or any carrier without a Certificate of Release shall immedi- ately notify the Department and request an inspection.

E.       Disposition of commodity. When a carrier is in possession of, or responsible for, a commodity inspected by an inspector and found in violation of Arizona quarantine laws, and elects to ship the commodity out-of-state:

1.        The inspector shall issue a “Warning-Hold for Agricul- tural Inspection” notice to the carrier. The carrier shall hold the notice until the commodity is removed from the state through a port-of-entry designated by the inspector and the removal is noted on the notice.

2.        The carrier shall surrender the “Warning-Hold for Agri- cultural Inspection” notice (driver’s copy) at the port-of- entry specified on the notice.

F.       Violations.

1.        The inspector shall place any commodities not meeting the requirements of subsections (C)(1) and (C)(2) under quarantine and notify the shipper in writing of the follow- ing options:

a.         Reship the commodity out-of-state;

b.        Provide the necessary labor and material to open the package and reseal it after inspection; or

c.         Under the supervision of an inspector, destroy the shipment.

2.        Any person who violates any of the following provisions shall submit the load for complete inspection at a port-of- entry, or where apprehended;

a.         Fails to comply with requirements on the “Warning- Hold for Agricultural Inspection” notice;

b.        Fails to comply with the inspector’s instructions;

c.         Breaks the seals of a sealed vehicle; or

d.        Delivers a product under quarantine before it is released by an inspector, or authorized by the Direc- tor.

Historical Note

Former Rule, Quarantine Regulation 3. Section R3-1-51 renumbered to R3-4-202 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). New Section R3-4-202 renumbered from R3-4-201 and amended by final rulemaking at 19

A.A.R. 3860, effective January 4, 2014 (Supp. 13-4).