§ 3-2001. Definitions
§ 3-2002. Application for license to slaughter
§ 3-2003. Grant of licenses; fees; expiration date
§ 3-2004. Place of slaughter
§ 3-2005. Licensee's record of animals purchased or slaughtered; monthly copy for the department; violation; classification
§ 3-2006. Preslaughter brand inspection of hides
§ 3-2007. Purchase of uninspected hide; classification; exception
§ 3-2008. Receiving uninspected hides for transportation; sale of uninspected hides; classification
§ 3-2009. Transfer of license without fee
§ 3-2010. Identification of animals with drug residue; violation; classification
§ 3-2011. Slaughter of animals by producer or owner for own use; inspection of hides; violation; classification
§ 3-2012. Secreting hide; defacement of mark or brand; classification
§ 3-2013. Slaughter of animals for compensation without license; classification
§ 3-2014. Limitation
§ 3-2015. Cooperation with federal government
§ 3-2016. Methods of slaughtering which are humane
§ 3-2017. Exemption
In this chapter, unless the context otherwise requires:
1. "Adulterated" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances if:
(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such article shall not be considered adulterated if the quantity of such substance in or on such article does not ordinarily render it injurious to health.
(b) It bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive which may in the judgment of the director or his authorized representative make such article unfit for human food.
(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of § 408 of the federal food, drug and cosmetic act, [FN1] any food additive which is unsafe within the meaning of § 409 of the federal food, drug and cosmetic act [FN2] or any color additive which is unsafe within the meaning of § 706 of the federal food, drug and cosmetic act. [FN3] An article which is not otherwise deemed adulterated under this subdivision is nevertheless deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by rules of the director.
(d) It consists in whole or in part of any substance unfit for human food.
(e) It has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.
(f) It is in whole or in part the product of any animal which has died otherwise than by slaughter.
(g) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
(h) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to § 409 of the federal food, drug and cosmetic act.
(i) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.
(j) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any substance unfit for human food.
2. "Arizona inspected and passed" means the carcasses and parts of carcasses have been inspected, stamped and passed in slaughtering establishments with state meat inspection service, and the carcasses and parts of carcasses used by such a slaughtering establishment or by a meat processor have been re-inspected and the operations in the preparation of meat and meat food products have been approved in accordance with the provisions of this chapter.
3. "Associate director" means the associate director of the division.
4. "Broker" means a person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.
5. "Carcass" means all parts, including viscera, of a slaughtered animal that are capable of being used for human food.
6. "Chief veterinary meat inspector" means a qualified licensed veterinarian appointed by the director to supervise the state meat inspection service for the state and to carry out the provisions of this chapter.
7. "Condemned" means the carcass, the viscera, parts of carcasses, meat, meat by-product or meat food products, so marked or identified, is unsound, unhealthful, unwholesome or otherwise unfit for human food, or an animal which has been inspected and found to be in a dying condition or affected with any other condition or disease that would require condemnation of its carcass.
8. "Distributor" means a person, firm or corporation that is engaged in the business of receiving carcasses, meat, meat food products, meat by-products, poultry or poultry products from state or federally inspected establishments and storing and distributing properly identified products to commercial outlets, processors or individuals and that conducts no processing.
9. "Division" means the animal services division of the Arizona department of agriculture.
10. "Establishment" means a mobile or stationary building, plant, vehicle or structure where meat or meat food products are slaughtered or processed or offered for sale.
11. "Exempt processor" means any person preparing for compensation carcasses, meat or meat food products derived from the slaughter by any individual of cattle, sheep, swine or goats, or game animals delivered by the owner for such processing and the intrastate transportation of meat food products exclusively for use by the owner, his family, members of his household, and his nonpaying guests and employees.
12. "Exempt slaughterer" means a person engaged for compensation in this state in the business of slaughtering or dressing animals for human consumption which are not to be sold or offered for sale.
13. "Inspector" includes chief veterinary meat inspector, veterinary meat inspector, lay meat inspector, livestock officer or any other employee appointed by the associate director, with the approval of the director, to carry out the purposes of this chapter, the livestock laws and rules adopted thereunder.
14. "Lay meat inspector" means any person qualified by the chief veterinary meat inspector and appointed by the associate director, with the approval of the director, to work under the supervision of the chief veterinary meat inspector.
15. "Livestock officer" means a livestock officer employed by the department pursuant to § 3-1208.
16. "Meat" means the edible part of the muscle of cattle, sheep, swine, goats or equines which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears.
17. "Meat by-product" means any edible part other than meat which has been derived from one or more cattle, sheep, goats, swine, horses, mules or other equines.
18. "Meat food product" means any article of food or any article intended for or capable of being used as human food which is derived or prepared, in whole or in substantial and definite part, from any portion of any cattle, sheep, swine, goats, horses, mules or other equines, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.
19. "Meat processor" means any person, including jobbers, wholesalers or slaughtering establishments, who changes meat or meat food products in any way by cutting, mixing, blending, canning, curing or otherwise preparing meat or meat food products for human consumption.
20. "Meat wholesaler or jobber" means any person with an established place of business who buys meat or meat food products and offers them for resale, for sale to restaurants or for sale to the consuming public.
21. "Misbranded" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances, if:
(a) Its labeling is false or misleading in any particular.
(b) It is offered for sale under the name of another food.
(c) It is an imitation of another food, unless its label bears in contrasting color, and in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated.
(d) Its container is so made, formed or filled as to be misleading.
(e) In a package or other container unless it bears a label showing the name and place of business of the manufacturer, packer or distributor and an accurate statement of the quantity of the contents in terms of weight, measure or numerical count, provided that reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established, by rules prescribed by the director.
(f) Any word, statement or other information required to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(g) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rules of the director unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.
(h) It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the director and it falls below the standard of fill of container, unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard.
(i) It is not subject to the provisions of subdivision (g), unless its label bears both:
(i) The common or usual name of the food, if any.
(ii) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the department, be designated as spices, flavorings and colorings without naming each. To the extent that compliance with the requirements of this item is impracticable, or results in deception or unfair competition, exemptions shall be established by rules of the director.
(j) It purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the director, after consultation with the secretary of health and human services of the United States, determines to be and by rules prescribes as necessary in order fully to inform purchasers as to its value for such uses.
(k) It bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by rules of the director.
(l) It fails to bear directly thereon or on its containers, as the director may by rules prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the director may require in such rules to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.
22. "Peddler" means any person without an established place of business who buys meat or meat food products and offers them for resale, for sale to restaurants or for sale to the consuming public.
23. "Restaurant" means any person who cooks or otherwise prepares and serves meat or meat food products for consumption by the ultimate consumer.
24. "Retailer" means any person other than a restaurant who sells meat or meat food products to the ultimate consumer.
25. "Slaughter" means to kill cattle, sheep, swine, goats, horses, mules or other equines and to prepare the carcasses or parts of carcasses for human consumption.
26. "Slaughterer" means any person who slaughters cattle, sheep, swine, goats, horses, mules or other equines in a slaughtering establishment and prepares the carcasses or parts of carcasses for human consumption.
27. "Slaughtering establishment", "slaughterhouse" or "slaughtering plant" includes all premises where animals are slaughtered and prepared for food purposes.
28. "State meat inspection service" means the meat inspection provided in §§ 3-2041 through 3-2047 and §§ 3-2049, 3-2051 and 3-2052, providing approved slaughtering plants with inspectors during all periods of slaughter to conduct antemortem and postmortem inspections of all cattle, sheep, swine, goats, horses, mules or other equines slaughtered.
29. "Veterinary meat inspector" means a qualified licensed veterinarian appointed by the associate director, with the director's approval, to work under the direction of the chief veterinary meat inspector.
[FN1] 21 U.S.C.A. § 346a.
[FN2] 21 U.S.C.A. § 348.
[FN3] 21 U.S.C.A. § 376.
CREDIT(S)
Added as § 24-601 by Laws 1956, Ch. 146, § 2. Amended by Laws 1968, Ch. 48, § 1; Laws 1970, Ch. 155, § 5; Laws 1982, Ch. 129, § 1; Laws 1982, Ch. 135, § 50; Laws 1983, Ch. 101, § 15; Laws 1988, Ch. 165, § 68. Renumbered as § 3-2001 and amended by Laws 1990, Ch. 374, §§ 230, 301, eff. Jan. 1, 1991.
§ 3-2002. Application for license to slaughter
Every person, including an exempt slaughterer, before he begins or carries on the slaughter of livestock, sheep, goats or swine for compensation, shall make written application to the division for a license to slaughter, stating that the applicant will comply with the law and will not slaughter animals, or sell, exchange, or expose for sale the meat thereof, except in conformity with the law relating thereto and the rules of the director.
CREDIT(S)
Added as § 24-602 by Laws 1956, Ch. 146, § 2. Amended by Laws 1968, Ch. 48, § 2; Laws 1982, Ch. 129, § 2; Laws 1988, Ch. 165, § 69. Renumbered as § 3- 2002 and amended by Laws 1990, Ch. 374, §§ 230, 302, eff. Jan. 1, 1991.
§ 3-2003. Grant of licenses; fees; expiration date
A. The division may grant a license to slaughter livestock, sheep, goats or swine as set forth in the license issued on payment of the fees.
B. The fees shall be as follows:
1. For not to exceed forty-five head of livestock, and not to exceed fifty-five head of sheep, goats or swine in one calendar year, $5.
2. For more than forty-five and not to exceed one hundred fifty head of livestock and more than forty-five and not to exceed one hundred sixty head of sheep, goats or swine in one calendar year, $15.
3. For more than one hundred fifty head of livestock and more than one hundred sixty head of sheep, goats or swine in any one calendar year, $80.
C. Licenses issued under this section expire on December 31 of the year in which they are issued.
Credits
Added as § 24-603 by Laws 1956, Ch. 146, § 2. Amended by Laws 1988, Ch. 165, § 70. Renumbered as § 3-2003 and amended by Laws 1990, Ch. 374, §§ 230, 303, eff. Jan. 1, 1991. Amended by Laws 2022, Ch. 59, § 1.
Every person licensed to slaughter livestock, sheep, goats, swine, horses, mules or other equines for sale or exchange shall slaughter animals in an established and recognized slaughterhouse kept by the licensee for that purpose, or in a slaughterhouse established by the authorities of a city or town.
CREDIT(S)
Added as § 24-604 by Laws 1956, Ch. 146, § 2. Amended by Laws 1968, Ch. 48, § 3; Laws 1982, Ch. 129, § 3. Renumbered as § 3-2004 by Laws 1990, Ch. 374, § 230, eff. Jan. 1, 1991.
§ 3-2005. Licensee's record of animals purchased or slaughtered; monthly copy for the department; violation; classification
A. Every person licensed to slaughter livestock, sheep, goats, swine or equines shall keep an accurate record in a book maintained for that purpose of all such animals purchased or slaughtered. The record shall include a description of all animals purchased or slaughtered, the marks and brands, if any, the name and residence of the person from whom purchased and the date of such purchase. The licensee shall at the end of each month make a true copy of the record for that month, which he shall keep on his premises for one year.
B. A person who knowingly fails to keep the record required by this section, or who refuses to exhibit it to an inspector or other authorized representative of the department who demands that it be exhibited, is guilty of a petty offense.
CREDIT(S)
Added as § 24-605 by Laws 1956, Ch. 146, § 2. Amended by Laws 1968, Ch. 48, § 4; Laws 1978, Ch. 201, § 409, eff. Oct. 1, 1978; Laws 1988, Ch. 165, § 71. Renumbered as § 3-2005 and amended by Laws 1990, Ch. 374, §§ 230, 304, eff. Jan. 1, 1991.
§ 3-2006. Preslaughter brand inspection of hides
A. Every person licensed as an exempt slaughterer of livestock, sheep, goats or equines shall, before slaughter, notify the nearest livestock officer of the location of the slaughter and the time it is proposed to slaughter the animals.
B. Livestock shall not be slaughtered until the animals have been inspected, unless inspection before slaughter is waived by the associate director. When livestock are slaughtered, the livestock officer shall inspect the hides for brands and marks, and tag or mark the same in the manner established by the division, unless such tagging or marking is waived by the associate director.
CREDIT(S)
Added as § 24-606 by Laws 1956, Ch. 146, § 2. Amended by Laws 1968, Ch. 48, § 5; Laws 1975, Ch. 67, § 3; Laws 1982, Ch. 129, § 4; Laws 1988, Ch. 165, § 72. Renumbered as § 3-2006 and amended by Laws 1990, Ch. 374, §§ 230, 305, eff. Jan. 1, 1991.
§ 3-2007. Purchase of uninspected hide; classification; exception
It is unlawful to purchase or otherwise acquire possession of a hide of any livestock until the hide has been inspected for brands and marks. Possession of an untagged or unmarked hide upon which the tagging or marking has not been waived by the director is a class 2 misdemeanor unless the person possessing the hide can show that it was taken from an animal owned by him at the time of slaughter or after death, or that he had written authority from the owner to remove the hide from the carcass.
CREDIT(S)
Added as § 24-607 by Laws 1956, Ch. 146, § 2. Amended by Laws 1978, Ch. 201, § 410, eff. Oct. 1, 1978; Laws 1988, Ch. 165, § 73. Renumbered as § 3-2007 by Laws 1990, Ch. 374, § 230, eff. Jan. 1, 1991.
§ 3-2008. Receiving uninspected hides for transportation; sale of uninspected hides; classification
A. It is unlawful for a person to receive for transportation hides of livestock until they have been brand inspected, and it is unlawful for any person to sell hides of livestock until they have been brand inspected, unless such brand inspection is waived by the director.
B. A person violating this section is guilty of a class 3 misdemeanor.
CREDIT(S)
Added as § 24-608 by Laws 1956, Ch. 146, § 2. Amended by Laws 1975, Ch. 67, § 4; Laws 1978, Ch. 201, § 411, eff. Oct. 1, 1978; Laws 1988, Ch. 165, § 74. Renumbered as § 3-2008 by Laws 1990, Ch. 374, § 230, eff. Jan. 1, 1991.
§ 3-2009. Transfer of license without fee
If a person who is a licensee under this article sells or otherwise disposes of the person's slaughtering business, together with the goodwill thereof, and the purchaser or transferee continues the business at the same location, substantially in the same manner and under the same business name as it was conducted by the seller, the license of the original licensee may be transferred to the new owner without payment of a license fee if the new owner submits to the division an affidavit stating, under penalty of perjury, that the new owner will comply with the law and will not slaughter animals or sell, exchange or expose meat for sale except according to law and the rules of the director.
Credits
Added as § 24-609 by Laws 1956, Ch. 146, § 2. Amended by Laws 1988, Ch. 165, § 75. Renumbered as § 3-2009 and amended by Laws 1990, Ch. 374, §§ 230, 306, eff. Jan. 1, 1991. Amended by Laws 2022, Ch. 59, § 2.
§ 3-2010. Identification of animals with drug residue; violation; classification
A. The owner of an animal which has been treated with an antibiotic which has a specific withdrawal period shall not market the animal for slaughter or through a livestock auction unless either:
1. The stated withdrawal period has expired.
2. The animal is identified and the restrictions disclosed to all potential buyers.
B. A producer who has been notified and is currently under United States department of agriculture restrictions for residue violations shall disclose that fact and identify animals he markets. Such a producer may certify that the animal has undergone the prescribed withdrawal period required for slaughter.
C. The identification prescribed by subsections A and B shall accompany the animal for at least thirty days or until it is slaughtered.
D. The division shall determine the method for identifying animals as required by this section.
E. A person who violates this section is guilty of a class 2 misdemeanor.
CREDIT(S)
Added as § 24-610 by Laws 1983, Ch. 117, § 1. Amended by Laws 1988, Ch. 165, § 76. Renumbered as § 3-2010 and amended by Laws 1990, Ch. 374, §§ 230, 307, eff. Jan. 1, 1991.
§ 3-2011. Slaughter of animals by producer or owner for own use; inspection of hides; violation; classification
A. Producers or owners who slaughter livestock, sheep, goats, swine or equines for the purpose of using the meat for food for themselves, their immediate family or employees, and not for sale, shall not be required to procure a special permit or a license to slaughter as required by this article, but the whole hide of all livestock so slaughtered, except swine, shall be hung in a conspicuous place on the premises of the producer or owner and kept there until the hide has been inspected and marked or tagged by a livestock officer. The meat from the livestock so slaughtered shall not be removed from the premises of the producer or owner without being stamped "not for sale" by the livestock officer.
B. A person other than the owner or producer who slaughters livestock described in subsection A shall keep the whole hide of all livestock so slaughtered except swine until the hide has been inspected and marked or tagged by a livestock officer and the meat from the livestock so slaughtered has been stamped "not for sale" by the livestock officer.
C. Every person who slaughters livestock of another as described in subsection B shall be licensed pursuant to rules of the director.
D. A person failing to comply with this section is guilty of a class 2 misdemeanor.
CREDIT(S)
Added as § 24-611 by Laws 1956, Ch. 146, § 2. Amended by Laws 1968, Ch. 48, § 6, eff. Jan. 1, 1969; Laws 1978, Ch. 201, § 412, eff. Oct. 1, 1978; Laws 1982, Ch. 135, § 51; Laws 1988, Ch. 165, § 77. Renumbered as § 3-2011 and amended by Laws 1990, Ch. 374, §§ 230, 308, eff. Jan. 1, 1991.
§ 3-2012. Secreting hide; defacement of mark or brand; classification
A person who knowingly secretes a hide of livestock, or who, before a hide is inspected, knowingly obliterates or defaces any mark or brand on a hide, is guilty of a class 2 misdemeanor.
CREDIT(S)
Added as § 24-612 by Laws 1956, Ch. 146, § 2. Amended by Laws 1978, Ch. 201, § 413, eff. Oct. 1, 1978. Renumbered as § 3-2012 by Laws 1990, Ch. 374, § 230, eff. Jan. 1, 1991.
§ 3-2013. Slaughter of animals for compensation without license; classification
A person slaughtering any livestock, sheep, goats, swine, horses, mules or other equines, for compensation without first procuring a license to slaughter as provided in this article, is guilty of a class 2 misdemeanor.
CREDIT(S)
Added as § 24-613 by Laws 1956, Ch. 146, § 2. Amended by Laws 1968, Ch. 48, § 7; Laws 1978, Ch. 201, § 414, eff. Oct. 1, 1978; Laws 1982, Ch. 129, § 5. Renumbered as § 3-2013 by Laws 1990, Ch. 374, § 230, eff. Jan. 1, 1991.
A. Nothing in this chapter shall be construed to modify or repeal any provision of title 36, chapter 8, article 1, [FN1] relating to adulteration and misbranding.
B. Nothing in this chapter shall be construed to modify or repeal any provision of title 36, chapter 1, [FN2] relating to local boards and departments of health and the department of health services.
[FN1] Section 36-901 et seq.
[FN2] Section 36-101 et seq.
CREDIT(S)
Added as § 24-614 by Laws 1956, Ch. 146, § 17. Amended by Laws 1968, Ch. 48, § 8; Laws 1970, Ch. 155, § 6; Laws 1973, Ch. 158, § 265; Laws 1976, Ch. 162, § 47; Laws 1982, Ch. 129, § 6. Renumbered as § 3-2014 and amended by Laws 1990, Ch. 374, §§ 230, 309, eff. Jan. 1, 1991.
§ 3-2015. Cooperation with federal government
A. The director may cooperate with the secretary of agriculture of the United States in order to administer the provisions of this chapter in conjunction with the federal meat inspection act. Such cooperative efforts may include assistance in planning and otherwise developing the state program, technical and laboratory assistance and training and financial and other aid for the administration of the cooperative effort.
B. For the purposes prescribed by the terms of subsection A, the department may accept and expend federal funds.
CREDIT(S)
Added as § 24-615 by Laws 1968, Ch. 48, § 9. Amended by Laws 1982, Ch. 135, § 52; Laws 1988, Ch. 165, § 78. Renumbered as § 3-2015 and amended by Laws 1990, Ch. 374, §§ 230, 310, eff. Jan. 1, 1991.
§ 3-2016. Methods of slaughtering which are humane
No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the state of Arizona unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:
1. In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut.
2. By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
CREDIT(S)
Added as § 24-661 by Laws 1966, Ch. 83, § 2. Renumbered as § 3-2016 by Laws 1990, Ch. 374, § 231, eff. Jan. 1, 1991.
A. No slaughterer, packer or stockyard operator shall bleed or slaughter any livestock except by a humane method, provided, that the chief state veterinary meat inspector may, by administrative order, exempt from compliance with this article, for a period not to exceed one year after the effective date of this article, any slaughterer, packer or stockyard operator if he finds that an earlier compliance would cause such person an undue hardship.
B. No person slaughtering or butchering any livestock for his own use shall be subject to any of the provisions of this article.
CREDIT(S)
Added as § 24-662 by Laws 1966, Ch. 83, § 2. Renumbered as § 3-2017 by Laws 1990, Ch. 374, § 231, eff. Jan. 1, 1991.