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REFERENCE TITLE: disclosure; agricultural vaccinations; prohibition |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1146 |
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Introduced by Senators Kern: Rogers, Wadsack; Representatives Heap, Hendrix, Jones, McGarr
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An Act
amending title 3, chapter 2, article 4, Arizona Revised Statutes, by adding section 3-302; amending section 3-1203, Arizona Revised Statutes; relating to agriculture.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 3, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 3-302, to read:
3-302. Organic labeling; disclosure; prohibition; definitions
A. All aquaculture, livestock or poultry products made from aquaculture, livestock or poultry that received a messenger ribonucleic acid vaccination shall:
1. Be labeled to state that the aquaculture, livestock or poultry from which the product was made received a messenger ribonucleic acid vaccination on the product's label or accompanying documents of sale.
2. Not be labeled or advertised as "organic".
B. For the purposes of this section, "aquaculture", "livestock" and "poultry" have the same meanings prescribed in section 3-1201.
Sec. 2. Section 3-1203, Arizona Revised Statutes, is amended to read:
3-1203. General powers and duties; self-inspection program; civil penalties; central investigation group
A. The director or the director's authorized representative shall exercise general supervision over the livestock interests of the this state, protect the livestock industry from theft and the livestock and poultry industries from contagious and infectious diseases and protect the public from diseased and unwholesome meat products.
B. The director, with the advice of the state veterinarian, may make rules to control and govern:
1. The importation of animals and poultry into the this state, establishment of quarantine and its boundaries, notice of quarantine and accomplishment of all things necessary to effect the object of the quarantine and to protect the livestock and poultry industries from and prevent the spread of contagious or infectious diseases.
2. The slaughter of animals and poultry affected by contagious or infectious diseases and the disposition of carcasses of animals and poultry so slaughtered, when the action appears necessary to prevent the spread of contagion or infection among livestock and poultry.
3. The importation, manufacture, sale, distribution or use within the this state of serums, vaccines and other biologics intended for diagnostic or therapeutic treatment of animals and poultry, and the importation, manufacture or use of virulent blood or living virus of diseases affecting animals and poultry. This paragraph does not authorize the director or the state veterinarian to require or administer a messenger ribonucleic acid vaccine that has not received full approval from either the united states department of agriculture or the united states food and drug administration, or their successor agencies. For the purposes of this section, full approval does not include emergency approval.
C. The director may:
1. Enter into agreements with neighboring states, including agreements regarding the use of livestock officers or livestock inspectors or other agency resources for the purpose of enforcement of livestock laws within this state or within border areas of neighboring states.
2. Waive inspections, service charges or inspection fees under this chapter in cases the director deems advisable.
3. Direct employees or peace officers to execute the director's orders under this chapter.
D. The director may adopt by rule a mandatory self-inspection program for moving livestock from one location to another, and may provide for the private treaty sale of self-inspected livestock. The associate director shall monitor compliance with the requirements of the self-inspection program and shall periodically examine self-inspection records, including livestock inventory records that verify the origin, shipment or sale of livestock. For just cause the director may suspend or modify the self-inspection authorization of feedlots, dairies and producers. A person who knowingly violates the requirements of the self-inspection program shall be placed on administrative probation by the director for a period of one year. If a subsequent violation occurs during the period of probation, the person shall be brought before an administrative law judge and is subject to a civil penalty of two hundred dollars $200 per violation, and the self-inspection authorization shall be revoked for a period of three years. The director may review any order of the administrative law judge and shall review each order involving subsequent violations during a period of probation pursuant to title 41, chapter 6, article 10. The period of a sanction imposed under this subsection begins on the date of the determination of the violation at a hearing. Civil penalties imposed under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
E. The director may establish a central investigation group to investigate reports of crimes related to livestock and other violations of this title and rules adopted pursuant to this title. Livestock officers and other employees of the department shall report all cases of apparent crimes related to livestock to the associate director. The investigation group shall cooperate and coordinate its activities with appropriate federal, state and local law enforcement agencies in apprehending and prosecuting violators of livestock laws.