3-607

3-607. Annual licenses; revocation; fees

A. No person shall operate a milk distributing plant or a manufacturing milk
processing plant, engage in the business of producer-distributor or
producer-manufacturer, or engage in the business of selling at wholesale milk or dairy
products, or both, without a license. This section does not require:

1. An Arizona dairy farm producing raw milk for sale to be processed to secure a
license to operate.

2. A retailer or wholesaler to secure a license from the division to convert a
pasteurized mix into frozen dessert.

B. Application for a license shall be in writing in such form as the associate
director prescribes and shall be accompanied by the required filing fee. Upon receipt of
an application the associate director or an authorized representative shall examine the
premises in which the applicant proposes to do business, and if it appears that the
applicant has complied with all provisions of law, the license shall be issued.

C. After issuance of the first annual license, a license may be issued upon
inspection of the premises and payment not later than February 1 of each year of the
required fee. The inspection shall be made by the associate director or an authorized
representative to determine whether the premises are maintained in compliance with
law. A written report of the inspection shall be filed in the division office. An
annual license is valid for the period beginning January 1 and ending December 31 of each
year, and a license not renewed on or before February 1 of each year shall be void.

D. An application for a license to produce grade A milk for human consumption shall
be made in the manner prescribed by subsections A and B. The license shall be valid until
revoked for failure to comply with the provisions of this article relating to the
production of milk. The associate director may suspend a license pending correction of
deficiencies that violate this article. If the identified deficiencies are not corrected
within a reasonable time after the licensee is notified, the associate director may
proceed to revoke the license. Notice of a pending revocation shall be in writing,
stating the cause, and setting a time during which the licensee may correct the cause for
revocation. If the cause for revocation is not corrected within the time specified, the
associate director, after a hearing and three days' notice of intention, may revoke the
license. The director shall review the associate director's action on request of any
person adversely affected by the action. A person holding a permit issued by a
governmental agency operating outside of this state whose requirements are substantially
the same as the requirements of this state shall be deemed to have a license meeting the
requirements of this article, provided the facilities have first been inspected and
approved also by a resident Arizona inspector, if in the opinion of the associate
director such an inspection should be made. Any expense incurred for such inspection
shall be at the expense of the licensee.

E. Fees shall be paid as follows:

1. For a license or renewal of a license to operate a milk distributing plant or
business, fifty dollars.

2. For a license or renewal of a license to operate a manufacturing milk processing
plant, fifty dollars.

3. For a license or renewal of a license to engage in the business of
producer-distributor or producer-manufacturer, twenty-five dollars.

4. For a license or renewal of a license to engage in the business of selling at
wholesale milk or dairy products, or both, twenty-five dollars.

F. The associate director or dairy inspectors are authorized to inspect premises
affected by this article and located without the state, and they shall receive
subsistence and travel expenses in the amount provided for state officers, which shall be
paid to the inspector by the owner of the premises so inspected.

G. The provisions of this section shall not apply to the producer of raw milk.