PREFILED DEC 03 2019
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REFERENCE TITLE: meat; poultry; sale; misrepresentation |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2044 |
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Introduced by Representatives Cook: Pierce
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AN ACT
amending Title 3, chapter 13, article 3, Arizona Revised Statutes, by adding section 3-2099; amending section 3-2156, Arizona Revised Statutes; relating to the sale of meat and poultry.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 3, chapter 13, article 3, Arizona Revised Statutes, is amended by adding section 3-2099, to read:
3-2099. Products not derived from harvested production livestock; misrepresentation as meat; prohibition; definition
A. A person may not misrepresent a product that is not derived from harvested production livestock as meat or a meat food product.
B. For the purposes of this section, "misrepresent" means to use any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample.
Sec. 2. Section 3-2156, Arizona Revised Statutes, is amended to read:
3-2156. Prohibited acts
A. A person shall not:
1. Slaughter any poultry or process any poultry products which are capable of use that may be used as human food at any establishment processing any such articles solely for intrastate commerce, except in compliance with the requirements of this chapter.
2. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any poultry products which are capable of use that may be used as human food and that are adulterated or misbranded at the time of such the sale, transportation, offer for sale or transportation or receipt for transportation or any poultry products that are required to be inspected unless they have been so inspected and passed.
3. Do, With respect to any poultry products which are capable of use that may be used as human food, commit any act while they the products are being transported in intrastate commerce or held for sale after such transportation which that is intended to cause or has the effect of causing such products to be adulterated or misbranded.
4. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce or from an official establishment any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with rules adopted by the director, except as may be authorized by rule.
5. Use to his the person's own advantage, or reveal other than to the authorized representatives of the state government or any other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this chapter concerning any matter which that is entitled to protection as a trade secret.
C. A person shall not:
1. 6. Forge any official device, mark or certificate.
2. 7. Without authorization from the division, use any official device, mark or certificate, or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate.
3. 8. Contrary to the rules prescribed by the director, fail to use, or detach, deface or destroy, any official device, mark or certificate.
4. 9. Knowingly possess, without promptly notifying the department or its representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged or improperly altered official mark.
5. 10. Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the director.
6. 11. Knowingly represent that any article has been inspected and passed or exempted, when if in fact it has not been so inspected and passed or exempted.
12. Misrepresent a product that is not derived from harvested production poultry as a poultry product. For the purposes of this paragraph, "misrepresent" means to use any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample.
B. No A brand manufacturer, printer, or other person shall not cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the division.