Ariz. Admin. Code § 3-9-605

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-9-605 - Violation Levels; Repeated Violations

A. Violations of R3-9-602 fall into four levels: flagrant violations, major deviations, minor deviations, and minor infractions. The Committee or its designee shall determine the level of a violation consistent with this Section.

B. A flagrant violation occurs when a signatory buys, consigns, or otherwise accepts or handles a leafy green product and knows or should have known the product was grown, packed, shipped, processed or handled in violation of R3-9-602 and the violation:

1. Significantly increases the risk of delivering unsafe product into commerce;

2. Affects the integrity of the LGMA's food safety program; or

3. In the Committee's judgment, merits more serious treatment than a major deviation based on the consideration of, as relevant:

a. The position of the employee responsible for the violation,

b. Whether the employee responsible for the violation knowingly committed the violation,

c. The circumstances surrounding the violation,

d. Whether the signatory took prompt corrective action,

e. Whether the signatory has committed the same or a similar violation previously, and

f. Any other relevant facts.

C. A major deviation is a violation of R3-9-602 that may inhibit the maintenance of food safety, but that does not necessarily result in unsafe product.

D. The following violations constitute at least major deviations and are potentially flagrant violations:

1. Falsification of any record for any reason;

2. Spitting in the field;

3. Unclean sanitation facilities, including the presence of soiled toilet paper;

4. Failure to:

a. Properly wash hands after using a restroom or returning to the field;

b. Follow the best practices with respect to feces or fecal matter found in the field;

c. Follow the best practices with respect to the use of compost or animal manure, including creating and maintaining proper records related to that use;

d. Have a trace-back system;

e. Sanitize gloves and knives;

f. Follow a work health practices program concerning the transfer of human pathogens by workers; or

g. Provide a Compliance Plan, as defined in the best practices, to an auditor;

5. Refusing an audit; and

6. Conditions for which an automatic "Sunsatisfactory" would be assessed by USDA if performing a GAP/GHP audit.

E Violations constituting flagrant violations or major deviations are not limited to those listed in subsection (D).

F. A minor deviation is a violation of R3-9-602 that the signatory can correct within five business days of the audit and that does not necessarily increase the risk of a food borne illness.

G. A minor infraction is a violation of R3-9-602 that the signatory corrects before the auditor leaves the audited premises and that does not necessarily increase the risk of a food borne illness.

H The Committee or its designee may assess a signatory with a major deviation if an auditor discovers several minor deviations or minor infractions of the same type or if a signatory fails to timely submit a corrective action plan.

I. Repeated major violations are limited to violations occurring during the current and prior fiscal year.

Ariz. Admin. Code § R3-9-605

New Section made by exempt rulemaking at 16 A.A.R. 2282, effective October 28, 2010 (Supp. 10-4). Amended by exempt rulemaking at 17 A.A.R. 2569, effective November 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 19 A.A.R. 4019, effective October 15, 2013.