Ariz. Rev. Stat. » Title 42
Arizona Revised Statutes

Ariz. Rev. Stat. § 42-5106 (2026)

Rules

✓ current as of May 2026
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A. The department shall adopt rules defining food consistent with section 42-5101 and this section.

B. The department shall include as food:

1. Returnable containers for which a deposit is collected.

2. Ice and dry ice used in packing, shipping or transporting food.

3. Seeds and plants to grow food for personal consumption.

C. The department shall not include food for consumption on the premises, alcoholic beverages, tobacco, medicines or dietary supplements, such as vitamins and protein supplements, as food, unless the item is otherwise deemed to be food under this section.

D. Notwithstanding section 42-5101, any ready-to-drink, nonalcoholic beverage that is contained in a closed or sealed bottle, can or carton, that is intended for human consumption and that is intended for home consumption is deemed to be food.

E. The department shall adopt rules that, other than for those items specifically included or excluded by subsections B, C and D of this section, define food to be those items that are intended for human consumption and that are intended for home consumption. In adopting these rules, the department shall give strong consideration to those specific items that are then eligible for purchase with supplemental nutrition assistance program benefits so as to effectuate the intent of the legislature as specified in this article.

 

Notes of Decisions
Cited in 2 cases, 2008–2010 · leading case: Duke Energy Arlington Valley, LLC v. Arizona Dep't of Revenue, 193 P.3d 330 (Ariz. Ct. App. 2008).
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Duke Energy Arlington Valley, LLC v. Arizona Dep't of Revenue, 193 P.3d 330 (Ariz. Ct. App. 2008). · cites it 2× “”); A.R.S. § 42-5106(A) (2006) (“The department shall adopt rules defining food consistent with § 42-5101 and this section.”
Rigel Corp. v. State, 234 P.3d 633 (Ariz. Ct. App. 2010). “) “Food” is defined as “any food item intended for human consumption which is intended for home consumption as defined by rules adopted by the department pursuant to § 42-5106.” AR.S. § 42-5101(3) (2006) (emphasis added).”
Ariz. Rev. Stat. § 42-5106(A): 1 case
Duke Energy Arlington Valley, LLC v. Arizona Dep't of Revenue, 193 P.3d 330 (Ariz. Ct. App. 2008). “”); A.R.S. § 42-5106(A) (2006) (“The department shall adopt rules defining food consistent with § 42-5101 and this section.”
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