1. A. Any person based in Arizona manufacturing or distributing a consumable product in Arizona may apply to the Department for a Certificate of Free Sale. The application must contain:

   1. 1. The applicant’s name, address, telephone, and email address of the company;
   2. 2. The printed name and signature of the applicant’s contact person;
   3. 3. A list of the consumable products, including brand name, product name, and flavors or type, manufactured, distributed, or sold in Arizona for which a certificate is requested;
   4. 4. For vitamins and dietary supplements, or upon request, the products’ labels;
   5. 5. The country of export, if applicable;
   6. 6. The fee prescribed in subsection (B); and
   7. 7. Evidence that the products are generally and freely sold in domestic channels of trade in accordance with subsection (C).

2. B. Fees.

   1. 1. Certificate of Free Sale: $25 for each 100 products;
   2. 2. Copies of issued certificates: $1 per page.
3. C. An applicant shall provide evidence that a product is generally and freely sold in domestic channels of trade by submitting copies of three different invoices or bills-of-lading from the three months preceding the application showing the sale of the product. Each invoice and bill-of-lading must contain the buyer’s name and address. At least one invoice or bill-of-lading or the product’s label must demonstrate that the product is manufactured or distributed in Arizona by the applicant. Casual sales and sales to friends or relatives do not evidence that a product is generally and freely sold.
4. D. Certificates will only be issued in English and only for product names used in Arizona.
5. E. Certificates may not be issued for any product only sold abroad or for brand new products, including new varieties and flavors, that are not yet generally and freely sold domestically.

6. F. Contract manufacturers.

   1. 1. A person who uses a contract manufacturer to manufacture a consumable product in Arizona may apply to the Department for a Certificate of Free Sale in accordance with subsection (A), except that the required invoices or bills-of-lading may be from the person or the contract manufacturer, but may not be for transactions between the person and the contract manufacturer.
   2. 2. A contract manufacturer of a consumable product may not apply for a Certificate of Free Sale for that product.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 45, effective December 8, 1999 (Supp. 99-4). Section amended by final rulemaking at 31 A.A.R. 4264 (November 7, 2025), effective December 22, 2025 (Supp. 25-4).