1. A. The regulatory authority may deny an application, suspend, or revoke a license to operate a manufactured food facility, if:

   1. 1. An applicant or licensee does not meet the application requirements contained in R9-8-908 and R9-8-909, as applicable;
   2. 2. A licensee does not comply with requirements in A.R.S. § 36-136, and this Article;
   3. 3. A licensee does not comply with the requirements in A.R.S. §§ 36-901 through § 36-916, and this Article;
   4. 4. A licensee does not correct the deficiencies identified during an inspection according to the plan of correction;
   5. 5. An applicant or licensee provides false or misleading information to the regulatory authority; or
   6. 6. The nature or number of violations revealed by any type of inspection or investigation of a manufactured food facility poses an imminent health hazard, or direct risk to the life, health, and safety of individuals.

2. B. In determining which action in subsection (A) is appropriate, the regulatory authority shall consider:

   1. 1. Repeated violations of statutes or rules,
   2. 2. Pattern of violations,
   3. 3. Severity of violations, or
   4. 4. Number of violations.
3. C. The regulatory authority may suspend or revoke a manufactured food facility’s license if the regulatory authority receives notice that the manufactured food facility’s FDA registration has been suspended or revoked.
4. D. An applicant or licensee may appeal the regulatory authority determination according to A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

Adopted effective October 9, 1998 (Supp. 98-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 2056, effective March 31, 2002 (Supp. 02-2). New Section made by final rulemaking at 32 A.A.R. 488 (February 27, 2026, Issue 9), effective April 6, 2026 (Supp. 26-1).