HB 2108 — technical correction; state highways

PREFILEDFifty-sixth JANLegislature 03Transportation 2024& REFERENCEInfrastructure TITLE:Second Regular Session H.B.

technical2108 correction;PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

state highways State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session HB 2108 Introduced(Reference byto Representativeprinted Cookbill) ANStrike ACTeverything AMENDINGafter SECTIONthe 28-7046,enacting ARIZONAclause REVISEDand STATUTES;insert:

RELATING"Section TO1. STATE HIGHWAYS AND ROUTES.

(TEXTSection OF3-710, BILLArizona BEGINSRevised ONStatutes, NEXTis PAGE)amended -to iread: - HB 2108 Be it enacted by the Legislature of the State of Arizona:

Section3-710. 1.

SectionPowers 28-7046,and Arizonaduties; Revised Statutes, is amended to read:

28-7046.state preemption;

Opening,egg alteringpromotion orprogram; vacating highway;

reviewprohibition of order A.

IfThe thedepartment directormay oracquire theand boarddistribute desires to establish,interested open,persons relocate,useful alter,information vacaterelative orto abandonpreparing afor statemarket, highwayhandling, orpurchasing, atransporting, portionstoring ofand amarketing stateeggs highway,and theegg directorproducts, shallincluding makedemonstrating andhow deliverto aclassify writteneggs reportand toegg theproducts boardin describingaccordance with the highwayuniform orstandards portionand ofgrades theprescribed highwaypursuant to bethis affected.chapter.

If the board decides that the public convenience will be served, it THE BOARD shall enter a resolution on IN its minutes approving the proposed action and authorizing the director to proceed and to acquire any property for the action by condemnation or otherwise.

The superiordepartment court may reviewissue byin certioraribooklet theform actioncopies of thethis boardarticle establishing,containing opening,complete relocating,descriptive altering,terms vacatingas orto abandoningshell, stateaircell, highways.white, yolk and germ, and may change definitions of terms and grades as they are made and promulgated by the United States department of agriculture.

-C. 1 -

On request of the United States government, and others, the director may negotiate and sign cooperative agreements to provide inspection and grading services and charge and receive payment for the reasonable cost of such services.

The monies received for such services shall be deposited in the state egg inspection trust fund established by section 3-717.

D.

When the production of papers, books and records relating to any matter under investigation is deemed advisable, the director may apply to the superior court in any county for an order requiring the production of the papers, books and records.

If the court is satisfied that the papers, House Amendments to H.B.

2108 books and records are pertinent to the matter under investigation, their production shall be ordered.

E.

A complaint filed with the department charging a noncompliance with or violation of any provision of this article shall be in writing and signed by the complainant.

F.

The supervisor and inspectors shall enforce this article in conformity with rules adopted by the director.

The refusal of an officer authorized under this article to carry out the orders and directions of the director in the enforcement of this article or prosecutions under this article is neglect of duty.

The director shall make and enforce such rules as the director deems necessary to carry out this article.

G.

An inspector may enter and inspect any place or conveyance within this state over which the inspector has supervision where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported or sold, and may inspect all invoices and eggs and the cases and containers of the eggs and equipment found in the places or conveyances, and may take for inspection representative samples of the invoices, eggs and cases or containers for the purpose of determining whether or not any provision of this article has been violated.

H.

An inspector, while enforcing this article, may seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs or egg products or all or any part of any pack, load, lot consignment or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported or sold in violation of any provisions of this article.

I.

The department may prescribe minimum standards for egg processing plants and sanitary standards for processing shell eggs.

The department shall establish these standards by rule.

Chemicals used in egg processing plants, sanitizers used in egg processing, egg soaps, egg oil and other substances used in processing shell eggs are subject to the approval of the director.

-2- House Amendments to H.B.

2108 J.

The director shall adopt rules for poultry husbandry and the production of eggs sold in this state.

This subsection does not apply to egg producers operating or controlling the operation of an egg ranch that has fewer than twenty thousand egg-laying hens producing eggs.

K.

Consistency of poultry husbandry practices for the production of eggs is a statewide matter.