Ark. Code Ann. § 2-9-109 — AR Code / Title 2 / Chapter 9 / Section 2-9-109
Assessment records
Status: in_force

(a) (1) Every person required to pay the assessment provided for in this chapter shall keep a complete and accurate record of all catfish feed handled by him or her. (2) The records shall be in such form and contain other information as the Arkansas Catfish Promotion Board shall prescribe by rule. (3) The records shall be preserved for a period of two (2) years and shall be offered for inspection at any time upon written demand by the Secretary of the Department of Finance and Administration or his or her authorized agent or representative. (b) (1) At such times as the secretary may require, every person required to pay the assessment provided for in this chapter shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this chapter. (2) The secretary has the power to cause any authorized agent or representative to enter upon the premises of any person required to pay the assessment provided for in this chapter and examine or cause to be examined by the agent any books, papers, and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter. Amended by Act 2019, No. 315,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3269, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3268, eff. 7/1/2019. Acts 1999, No. 790, § 10.

(a) (1) Every person required to pay the assessment provided for in this chapter shall keep a complete and accurate record of all catfish feed handled by him or her. (2) The records shall be in such form and contain other information as the Arkansas Catfish Promotion Board shall prescribe by rule. (3) The records shall be preserved for a period of two (2) years and shall be offered for inspection at any time upon written demand by the Secretary of the Department of Finance and Administration or his or her authorized agent or representative.

(1) Every person required to pay the assessment provided for in this chapter shall keep a complete and accurate record of all catfish feed handled by him or her.

(2) The records shall be in such form and contain other information as the Arkansas Catfish Promotion Board shall prescribe by rule.

(3) The records shall be preserved for a period of two (2) years and shall be offered for inspection at any time upon written demand by the Secretary of the Department of Finance and Administration or his or her authorized agent or representative.

(b) (1) At such times as the secretary may require, every person required to pay the assessment provided for in this chapter shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this chapter. (2) The secretary has the power to cause any authorized agent or representative to enter upon the premises of any person required to pay the assessment provided for in this chapter and examine or cause to be examined by the agent any books, papers, and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.

(1) At such times as the secretary may require, every person required to pay the assessment provided for in this chapter shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this chapter.

(2) The secretary has the power to cause any authorized agent or representative to enter upon the premises of any person required to pay the assessment provided for in this chapter and examine or cause to be examined by the agent any books, papers, and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.

Amended by Act 2019, No. 315,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3269, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3268, eff. 7/1/2019.

Acts 1999, No. 790, § 10.
Ark. Code Ann. § 2-16-501 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-501
Title
Status: in_force

This subchapter shall be known as the "Johnson Grass Control and Eradication Act". Acts 1967, No. 186, § 1; 1975, No. 287, § 1; A.S.A. 1947, § 77-1701.

This subchapter shall be known as the "Johnson Grass Control and Eradication Act".

Acts 1967, No. 186, § 1; 1975, No. 287, § 1; A.S.A. 1947, § 77-1701.
Ark. Code Ann. § 2-40-505 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-505
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 60, eff. 8/1/2017. Acts 1981, No. 271, §§ 5, 8, 9; A.S.A. 1947, §§ 78-465, 78-468, 78-469.

Repealed by Act 2017, No. 1011,§ 60, eff. 8/1/2017.

Acts 1981, No. 271, §§ 5, 8, 9; A.S.A. 1947, §§ 78-465, 78-468, 78-469.
Ark. Code Ann. § 2-32-602 — AR Code / Title 2 / Chapter 32 / Subchapter 6 / Section 2-32-602
Artificial insemination of livestock and animals
Status: in_force

Artificial insemination of livestock and animals is recognized as a routine animal husbandry practice. Added by Act 2021, No. 131,§ 1, eff. 7/28/2021.

Artificial insemination of livestock and animals is recognized as a routine animal husbandry practice.

Added by Act 2021, No. 131,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 2-21-110 — AR Code / Title 2 / Chapter 21 / Section 2-21-110
Denial of license
Status: in_force

(a) The State Plant Board shall have authority to deny or refuse renewal of a license to any person when it is revealed by investigation or experience that the person does not have a record of financial or moral responsibility. (b) Any person so denied a license may appeal to the circuit court. Acts 1919, No. 683, § 4; C. & M. Dig., § 8005; Acts 1937, No. 203, § 1; Pope's Dig., § 12329; Acts 1963, No. 118, § 1; A.S.A. 1947, § 77-403.

(a) The State Plant Board shall have authority to deny or refuse renewal of a license to any person when it is revealed by investigation or experience that the person does not have a record of financial or moral responsibility.

(b) Any person so denied a license may appeal to the circuit court.

Acts 1919, No. 683, § 4; C. & M. Dig., § 8005; Acts 1937, No. 203, § 1; Pope's Dig., § 12329; Acts 1963, No. 118, § 1; A.S.A. 1947, § 77-403.
Ark. Code Ann. § 2-20-204 — AR Code / Title 2 / Chapter 20 / Subchapter 2 / Section 2-20-204
Remedies for refusing to gin
Status: in_force

(a) (1) Any person, firm, or corporation operating any public gin in this state as defined in § 2-20-201 who shall fail or refuse to gin cotton as required by §§ 2-20-202 and 2-20-203 shall be guilty of a violation. (2) Upon conviction, an offender shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). (3) Each violation of this section shall constitute a separate offense. (b) In addition to the fine, the offender shall be liable for double damages to the person aggrieved in a civil action. Acts 1919, No. 447, § 4; C. & M. Dig., § 10457; A.S.A. 1947, § 77-804; Acts 2005, No. 1994, § 13.

(a) (1) Any person, firm, or corporation operating any public gin in this state as defined in § 2-20-201 who shall fail or refuse to gin cotton as required by §§ 2-20-202 and 2-20-203 shall be guilty of a violation. (2) Upon conviction, an offender shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00). (3) Each violation of this section shall constitute a separate offense.

(1) Any person, firm, or corporation operating any public gin in this state as defined in § 2-20-201 who shall fail or refuse to gin cotton as required by §§ 2-20-202 and 2-20-203 shall be guilty of a violation.

(2) Upon conviction, an offender shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

(3) Each violation of this section shall constitute a separate offense.

(b) In addition to the fine, the offender shall be liable for double damages to the person aggrieved in a civil action.

Acts 1919, No. 447, § 4; C. & M. Dig., § 10457; A.S.A. 1947, § 77-804; Acts 2005, No. 1994, § 13.
Ark. Code Ann. § 2-40-903 — AR Code / Title 2 / Chapter 40 / Subchapter 9 / Section 2-40-903
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 73, eff. 8/1/2017. Acts 1973, No. 306, §§ 2, 3; A.S.A. 1947, §§ 78-453, 78-454.

Repealed by Act 2017, No. 1011,§ 73, eff. 8/1/2017.

Acts 1973, No. 306, §§ 2, 3; A.S.A. 1947, §§ 78-453, 78-454.
Ark. Code Ann. § 2-9-103 — AR Code / Title 2 / Chapter 9 / Section 2-9-103
Arkansas Catfish Promotion Board
Status: in_force

(a) (1) The Arkansas Catfish Promotion Board is created. (2) The board shall be composed of seven (7) members appointed by the Governor, confirmed by the Senate, who are members of the catfish industry and who are residents of Arkansas. (3) (A) Each member selected shall serve for a term of two (2) years and until his or her successor is selected as provided in this section. (B) However, the initial members of the board shall be appointed for terms that will result in three (3) members' terms expiring after one (1) year and four (4) members' terms expiring after two (2) years. (4) A midterm vacancy on the board shall be filled by appointment by the Governor from a list submitted within thirty (30) calendar days from the organization making the nomination for the position being vacated. (5) A member of the board may be removed by a majority vote of the remaining board members for conviction of a felony, for not attending three (3) consecutive meetings, or if the member no longer meets the qualifications for his or her initial appointment. (b) (1) The Secretary of the Department of Agriculture shall call an organizational meeting of the board and shall preside until officers are elected. (2) Members of the board shall organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board. (3) The board may appoint an executive director, who shall be the chief operating officer of the board and whose duties shall be designated by the board. (c) (1) The board may provide a salary for the executive director and for other necessary employees from funds derived from the assessments imposed in this chapter. (2) Members of the board shall serve without compensation but may be reimbursed for reasonable expenses. (d) The office of the board shall be located in the Department of Agriculture. (e) The resident agents of the board shall be the executive director of the board and the chair of the board, or either of them. (f) The Department of Agriculture shall provide administrative support to the board. Amended by Act 2023, No. 712,§ 2, eff. 7/1/2023. Acts 1999, No. 790, § 4.

(a) (1) The Arkansas Catfish Promotion Board is created. (2) The board shall be composed of seven (7) members appointed by the Governor, confirmed by the Senate, who are members of the catfish industry and who are residents of Arkansas. (3) (A) Each member selected shall serve for a term of two (2) years and until his or her successor is selected as provided in this section. (B) However, the initial members of the board shall be appointed for terms that will result in three (3) members' terms expiring after one (1) year and four (4) members' terms expiring after two (2) years. (4) A midterm vacancy on the board shall be filled by appointment by the Governor from a list submitted within thirty (30) calendar days from the organization making the nomination for the position being vacated. (5) A member of the board may be removed by a majority vote of the remaining board members for conviction of a felony, for not attending three (3) consecutive meetings, or if the member no longer meets the qualifications for his or her initial appointment.

(1) The Arkansas Catfish Promotion Board is created.

(2) The board shall be composed of seven (7) members appointed by the Governor, confirmed by the Senate, who are members of the catfish industry and who are residents of Arkansas.

(3) (A) Each member selected shall serve for a term of two (2) years and until his or her successor is selected as provided in this section. (B) However, the initial members of the board shall be appointed for terms that will result in three (3) members' terms expiring after one (1) year and four (4) members' terms expiring after two (2) years.

(A) Each member selected shall serve for a term of two (2) years and until his or her successor is selected as provided in this section.

(B) However, the initial members of the board shall be appointed for terms that will result in three (3) members' terms expiring after one (1) year and four (4) members' terms expiring after two (2) years.

(4) A midterm vacancy on the board shall be filled by appointment by the Governor from a list submitted within thirty (30) calendar days from the organization making the nomination for the position being vacated.

(5) A member of the board may be removed by a majority vote of the remaining board members for conviction of a felony, for not attending three (3) consecutive meetings, or if the member no longer meets the qualifications for his or her initial appointment.

(b) (1) The Secretary of the Department of Agriculture shall call an organizational meeting of the board and shall preside until officers are elected. (2) Members of the board shall organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board. (3) The board may appoint an executive director, who shall be the chief operating officer of the board and whose duties shall be designated by the board.

(1) The Secretary of the Department of Agriculture shall call an organizational meeting of the board and shall preside until officers are elected.

(2) Members of the board shall organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board.

(3) The board may appoint an executive director, who shall be the chief operating officer of the board and whose duties shall be designated by the board.

(c) (1) The board may provide a salary for the executive director and for other necessary employees from funds derived from the assessments imposed in this chapter. (2) Members of the board shall serve without compensation but may be reimbursed for reasonable expenses.

(1) The board may provide a salary for the executive director and for other necessary employees from funds derived from the assessments imposed in this chapter.

(2) Members of the board shall serve without compensation but may be reimbursed for reasonable expenses.

(d) The office of the board shall be located in the Department of Agriculture.

(e) The resident agents of the board shall be the executive director of the board and the chair of the board, or either of them.

(f) The Department of Agriculture shall provide administrative support to the board.

Amended by Act 2023, No. 712,§ 2, eff. 7/1/2023.

Acts 1999, No. 790, § 4.
Ark. Code Ann. § 2-40-818 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-818
Fictitious names and erroneous information
Status: in_force

(a) Test charts, permits, and other official forms must be completed in the name of the owner or the person responsible for the equidae. (b) No livestock auction facility operator or veterinarian may be held responsible for recording erroneous information provided by an owner, buyer, or seller. (c) The individual providing the erroneous or fictitious information shall be deemed to have violated this subchapter. Acts 1997, No. 1306, § 16.

(a) Test charts, permits, and other official forms must be completed in the name of the owner or the person responsible for the equidae.

(b) No livestock auction facility operator or veterinarian may be held responsible for recording erroneous information provided by an owner, buyer, or seller.

(c) The individual providing the erroneous or fictitious information shall be deemed to have violated this subchapter.

Acts 1997, No. 1306, § 16.
Ark. Code Ann. § 2-40-808 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-808
Submission of sample and test charts
Status: in_force

(a) All blood samples submitted for official equine infectious anemia tests must be accompanied by a properly completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test Form) or other form prescribed by the Arkansas Livestock and Poultry Commission. (b) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (1) The original test record document; (2) An official electronic copy, as defined by the commission; and (3) Other forms as may be prescribed by the commission. Amended by Act 2017, No. 1011,§ 68, eff. 8/1/2017. Amended by Act 2017, No. 716,§ 1, eff. 8/1/2017. Acts 1997, No. 1306, § 6.

(a) All blood samples submitted for official equine infectious anemia tests must be accompanied by a properly completed VS Form 10-11 (Equine Infectious Anemia Laboratory Test Form) or other form prescribed by the Arkansas Livestock and Poultry Commission.

(b) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (1) The original test record document; (2) An official electronic copy, as defined by the commission; and (3) Other forms as may be prescribed by the commission.

(1) The original test record document;

(2) An official electronic copy, as defined by the commission; and

(3) Other forms as may be prescribed by the commission.

Amended by Act 2017, No. 1011,§ 68, eff. 8/1/2017.

Amended by Act 2017, No. 716,§ 1, eff. 8/1/2017.

Acts 1997, No. 1306, § 6.
Ark. Code Ann. § 2-15-403 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-403
[Repealed]
Status: repealed

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021. Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-15-508 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-508
Licenses required - Records
Status: in_force

(a) A person shall obtain a grower license under this subchapter before planting or growing industrial hemp in this state. (b) A grower shall: (1) Maintain records that reflect compliance with this subchapter and all other state laws regulating the planting and cultivation of industrial hemp; (2) Retain all industrial hemp production records for at least three (3) years; (3) Allow industrial hemp crops, throughout sowing, growing, and harvesting, to be inspected by and at the discretion of the Department of Agriculture or its agents; (4) File with the department documentation indicating that the industrial hemp seeds planted were of a type and variety certified to have no more tetrahydrocannabinol concentration than that adopted in 7 U.S.C. § 1639o , as it existed on January 1, 2021; (5) Notify the department of the sale of industrial hemp grown under the license and the names and addresses of the persons to whom the industrial hemp was sold; and (6) Upon request, provide the department with copies of each contract between the licensee and a person to whom industrial hemp was sold. (c) A grower under this subchapter may import and resell industrial hemp seed that has been certified as having no more tetrahydrocannabinol concentration than that adopted in 7 U.S.C. § 1639o , as it existed on January 1, 2021. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) A person shall obtain a grower license under this subchapter before planting or growing industrial hemp in this state.

(b) A grower shall: (1) Maintain records that reflect compliance with this subchapter and all other state laws regulating the planting and cultivation of industrial hemp; (2) Retain all industrial hemp production records for at least three (3) years; (3) Allow industrial hemp crops, throughout sowing, growing, and harvesting, to be inspected by and at the discretion of the Department of Agriculture or its agents; (4) File with the department documentation indicating that the industrial hemp seeds planted were of a type and variety certified to have no more tetrahydrocannabinol concentration than that adopted in 7 U.S.C. § 1639o , as it existed on January 1, 2021; (5) Notify the department of the sale of industrial hemp grown under the license and the names and addresses of the persons to whom the industrial hemp was sold; and (6) Upon request, provide the department with copies of each contract between the licensee and a person to whom industrial hemp was sold.

(1) Maintain records that reflect compliance with this subchapter and all other state laws regulating the planting and cultivation of industrial hemp;

(2) Retain all industrial hemp production records for at least three (3) years;

(3) Allow industrial hemp crops, throughout sowing, growing, and harvesting, to be inspected by and at the discretion of the Department of Agriculture or its agents;

(4) File with the department documentation indicating that the industrial hemp seeds planted were of a type and variety certified to have no more tetrahydrocannabinol concentration than that adopted in 7 U.S.C. § 1639o , as it existed on January 1, 2021;

(5) Notify the department of the sale of industrial hemp grown under the license and the names and addresses of the persons to whom the industrial hemp was sold; and

(6) Upon request, provide the department with copies of each contract between the licensee and a person to whom industrial hemp was sold.

(c) A grower under this subchapter may import and resell industrial hemp seed that has been certified as having no more tetrahydrocannabinol concentration than that adopted in 7 U.S.C. § 1639o , as it existed on January 1, 2021.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-35-307 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-307
Inspection of records and rules
Status: in_force

(a) Records maintained by cattle buyers under the requirements of this subchapter or rules of the Arkansas Beef Council adopted under it shall be made available for inspection at any reasonable time upon written request by the Director of the Department of Finance and Administration or any duly authorized agent or representative. (b) Buyers, at such times as the director may require, shall submit reports or other documents containing information deemed necessary for the efficient collection of the assessment imposed in this subchapter. (c) The director shall have the power to cause any duly authorized agent or representative to enter at reasonable times upon the premises of buyers of cattle and examine or cause to be examined by the agent any records which may pertain to the payment of the assessment or enforcement of the provisions of this subchapter. Acts 1983, No. 160, § 6; A.S.A. 1947, § 78-1906.

(a) Records maintained by cattle buyers under the requirements of this subchapter or rules of the Arkansas Beef Council adopted under it shall be made available for inspection at any reasonable time upon written request by the Director of the Department of Finance and Administration or any duly authorized agent or representative.

(b) Buyers, at such times as the director may require, shall submit reports or other documents containing information deemed necessary for the efficient collection of the assessment imposed in this subchapter.

(c) The director shall have the power to cause any duly authorized agent or representative to enter at reasonable times upon the premises of buyers of cattle and examine or cause to be examined by the agent any records which may pertain to the payment of the assessment or enforcement of the provisions of this subchapter.

Acts 1983, No. 160, § 6; A.S.A. 1947, § 78-1906.
Ark. Code Ann. § 2-16-101 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-101
Destruction of trees - Compensation
Status: in_force

(a) The owner of any valuable pear trees, cedar trees, or other growing trees of real value which have been or may hereafter be cut down and destroyed without his or her consent by the order and direction of the State Plant Board, or by its officers, employees, agents, or inspectors, shall be entitled to compensation for the actual value of the trees cut down or destroyed, to be paid by the county in which the trees were growing. (b) (1) The owner of the trees shall present to the county court his or her claim in writing, verified by his or her affidavit, stating the kind, number, and value of the trees and when and by what authority the trees were destroyed. (2) The court shall allow from the county general fund such sum as the evidence shows the claimant is entitled to receive. Acts 1927, No. 247, §§ 1, 2; Pope's Dig., §§ 2645, 2646; A.S.A. 1947, §§ 77-129, 77-130.

(a) The owner of any valuable pear trees, cedar trees, or other growing trees of real value which have been or may hereafter be cut down and destroyed without his or her consent by the order and direction of the State Plant Board, or by its officers, employees, agents, or inspectors, shall be entitled to compensation for the actual value of the trees cut down or destroyed, to be paid by the county in which the trees were growing.

(b) (1) The owner of the trees shall present to the county court his or her claim in writing, verified by his or her affidavit, stating the kind, number, and value of the trees and when and by what authority the trees were destroyed. (2) The court shall allow from the county general fund such sum as the evidence shows the claimant is entitled to receive.

(1) The owner of the trees shall present to the county court his or her claim in writing, verified by his or her affidavit, stating the kind, number, and value of the trees and when and by what authority the trees were destroyed.

(2) The court shall allow from the county general fund such sum as the evidence shows the claimant is entitled to receive.

Acts 1927, No. 247, §§ 1, 2; Pope's Dig., §§ 2645, 2646; A.S.A. 1947, §§ 77-129, 77-130.
Ark. Code Ann. § 2-5-207 — AR Code / Title 2 / Chapter 5 / Subchapter 2 / Section 2-5-207
Unlawful acts - Penalties - Revocation of certificate
Status: in_force

(a) It is unlawful for any person to: (1) Use the term "Arkansas certified" or any similar term concerning the quality of bait or ornamental fish without the proper certification from the Department of Agriculture; (2) Falsely advertise or represent any bait or ornamental fish as being certified by the department; (3) Use any emblem, label, or language for the purpose of misleading a person into believing that any bait or ornamental fish has been certified by the department when the certification has not been obtained; (4) Misuse any tag, label, or certificate issued by the department; (5) Obtain or attempt to obtain the certification of any bait or ornamental fish by making a false statement or misrepresentation to the department or to the department's inspectors, deputies, or agents; (6) Violate any rule of the department under this subchapter; or (7) Violate any agreement made as a condition for receiving a certificate. (b) A person who violates this subchapter or the rules promulgated under this subchapter is subject to suspension or revocation of certification or a civil penalty as provided by rule, or both. (c) (1) A certificate issued under this subchapter may be revoked by the Secretary of the Department of Agriculture after a hearing before the secretary or his or her designee. (2) The decision of the department may be appealed as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 3, eff. 7/24/2019. Acts 2005, No. 1449, § 1; 2007, No. 827, § 1.

(a) It is unlawful for any person to: (1) Use the term "Arkansas certified" or any similar term concerning the quality of bait or ornamental fish without the proper certification from the Department of Agriculture; (2) Falsely advertise or represent any bait or ornamental fish as being certified by the department; (3) Use any emblem, label, or language for the purpose of misleading a person into believing that any bait or ornamental fish has been certified by the department when the certification has not been obtained; (4) Misuse any tag, label, or certificate issued by the department; (5) Obtain or attempt to obtain the certification of any bait or ornamental fish by making a false statement or misrepresentation to the department or to the department's inspectors, deputies, or agents; (6) Violate any rule of the department under this subchapter; or (7) Violate any agreement made as a condition for receiving a certificate.

(1) Use the term "Arkansas certified" or any similar term concerning the quality of bait or ornamental fish without the proper certification from the Department of Agriculture;

(2) Falsely advertise or represent any bait or ornamental fish as being certified by the department;

(3) Use any emblem, label, or language for the purpose of misleading a person into believing that any bait or ornamental fish has been certified by the department when the certification has not been obtained;

(4) Misuse any tag, label, or certificate issued by the department;

(5) Obtain or attempt to obtain the certification of any bait or ornamental fish by making a false statement or misrepresentation to the department or to the department's inspectors, deputies, or agents;

(6) Violate any rule of the department under this subchapter; or

(7) Violate any agreement made as a condition for receiving a certificate.

(b) A person who violates this subchapter or the rules promulgated under this subchapter is subject to suspension or revocation of certification or a civil penalty as provided by rule, or both.

(c) (1) A certificate issued under this subchapter may be revoked by the Secretary of the Department of Agriculture after a hearing before the secretary or his or her designee. (2) The decision of the department may be appealed as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) A certificate issued under this subchapter may be revoked by the Secretary of the Department of Agriculture after a hearing before the secretary or his or her designee.

(2) The decision of the department may be appealed as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 3, eff. 7/24/2019.

Acts 2005, No. 1449, § 1; 2007, No. 827, § 1.
Ark. Code Ann. § 2-16-417 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-417
Publication of information
Status: in_force

The State Plant Board may publish, in such form as it may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides. Acts 1975, No. 410, § 16; A.S.A. 1947, § 77-242.

The State Plant Board may publish, in such form as it may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides.

Acts 1975, No. 410, § 16; A.S.A. 1947, § 77-242.
Ark. Code Ann. § 2-34-302 — AR Code / Title 2 / Chapter 34 / Subchapter 3 / Section 2-34-302
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 34, eff. 8/1/2017. Acts 1868, No. 29, § 1, p. 101; C. & M. Dig., § 260; Pope's Dig., § 274; A.S.A. 1947, § 78-1001.

Repealed by Act 2017, No. 1011,§ 34, eff. 8/1/2017.

Acts 1868, No. 29, § 1, p. 101; C. & M. Dig., § 260; Pope's Dig., § 274; A.S.A. 1947, § 78-1001.
Ark. Code Ann. § 2-21-106 — AR Code / Title 2 / Chapter 21 / Section 2-21-106
Rules
Status: in_force

The State Plant Board is authorized to make such reasonable rules as it may deem necessary for the enforcement of the provisions of this chapter and to prevent violations. Acts 1919, No. 683, § 4; C. & M. Dig., § 8005; Acts 1937, No. 203, § 1; Pope's Dig., § 12329; Acts 1963, No. 118, § 1; A.S.A. 1947, § 77-403.

The State Plant Board is authorized to make such reasonable rules as it may deem necessary for the enforcement of the provisions of this chapter and to prevent violations.

Acts 1919, No. 683, § 4; C. & M. Dig., § 8005; Acts 1937, No. 203, § 1; Pope's Dig., § 12329; Acts 1963, No. 118, § 1; A.S.A. 1947, § 77-403.
Ark. Code Ann. § 2-2-406 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-406
Powers
Status: in_force

Each association incorporated under this subchapter shall have the following powers to: (1) (A) Engage in any activity in connection with the marketing, selling, harvesting, preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, or utilization of any agricultural products produced or delivered to it by its members; the manufacturing or marketing of the by-products thereof; in connection with the purchase, hiring, or use by members of supplies, machinery, or equipment; in the financing of any such activities; or in any one (1) or more of the activities specified in this section. (B) No association, however, shall handle the products of nonmembers to an extent greater than that handled for members; (2) Borrow money and to make advances to members; (3) Act as the agent or representative of any member in any of the mentioned activities; (4) Purchase or otherwise acquire and to hold, own, and exercise all rights of ownership in, and to sell, transfer, or pledge shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the handling or marketing of any of the products handled by the association; (5) Establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws; (6) Buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association or incidental thereto; and (7) (A) Do each and every thing necessary, suitable, or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the objects enumerated in this section or conducive to or expedient for the interest or benefit of the association, and to contract accordingly. (B) In addition, to exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged. (C) In addition, to have any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except as are inconsistent with the express provisions of this subchapter, and to do any such thing anywhere. Acts 1921, No. 116, § 6; 1937, No. 351, § 1; Pope's Dig., § 2291; A.S.A. 1947, § 77-906.

Each association incorporated under this subchapter shall have the following powers to:

(1) (A) Engage in any activity in connection with the marketing, selling, harvesting, preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, or utilization of any agricultural products produced or delivered to it by its members; the manufacturing or marketing of the by-products thereof; in connection with the purchase, hiring, or use by members of supplies, machinery, or equipment; in the financing of any such activities; or in any one (1) or more of the activities specified in this section. (B) No association, however, shall handle the products of nonmembers to an extent greater than that handled for members;

(A) Engage in any activity in connection with the marketing, selling, harvesting, preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, or utilization of any agricultural products produced or delivered to it by its members; the manufacturing or marketing of the by-products thereof; in connection with the purchase, hiring, or use by members of supplies, machinery, or equipment; in the financing of any such activities; or in any one (1) or more of the activities specified in this section.

(B) No association, however, shall handle the products of nonmembers to an extent greater than that handled for members;

(2) Borrow money and to make advances to members;

(3) Act as the agent or representative of any member in any of the mentioned activities;

(4) Purchase or otherwise acquire and to hold, own, and exercise all rights of ownership in, and to sell, transfer, or pledge shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the handling or marketing of any of the products handled by the association;

(5) Establish reserves and to invest the funds thereof in bonds or such other property as may be provided in the bylaws;

(6) Buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conducting and operation of any of the business of the association or incidental thereto; and

(7) (A) Do each and every thing necessary, suitable, or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the objects enumerated in this section or conducive to or expedient for the interest or benefit of the association, and to contract accordingly. (B) In addition, to exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged. (C) In addition, to have any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except as are inconsistent with the express provisions of this subchapter, and to do any such thing anywhere.

(A) Do each and every thing necessary, suitable, or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the objects enumerated in this section or conducive to or expedient for the interest or benefit of the association, and to contract accordingly.

(B) In addition, to exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged.

(C) In addition, to have any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except as are inconsistent with the express provisions of this subchapter, and to do any such thing anywhere.

Acts 1921, No. 116, § 6; 1937, No. 351, § 1; Pope's Dig., § 2291; A.S.A. 1947, § 77-906.
Ark. Code Ann. § 2-16-419 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-419
Disposition of funds
Status: in_force

All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted hereunder shall be deposited into the State Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter. Acts 1975, No. 410, § 21; A.S.A. 1947, § 77-247.

All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted hereunder shall be deposited into the State Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter.

Acts 1975, No. 410, § 21; A.S.A. 1947, § 77-247.
Ark. Code Ann. § 2-16-401 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-401
Title
Status: in_force

This subchapter shall be known as the "Arkansas Pesticide Control Act". Acts 1975, No. 410, § 1; A.S.A. 1947, § 77-227.

This subchapter shall be known as the "Arkansas Pesticide Control Act".

Acts 1975, No. 410, § 1; A.S.A. 1947, § 77-227.
Ark. Code Ann. § 2-33-112 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-112
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 11, eff. 8/1/2017. Acts 1981, No. 770, § 22; 1985, No. 587, § 1; A.S.A. 1947, § 78-331; Acts 1995, No. 236, § 26.

Repealed by Act 2017, No. 1011,§ 11, eff. 8/1/2017.

Acts 1981, No. 770, § 22; 1985, No. 587, § 1; A.S.A. 1947, § 78-331; Acts 1995, No. 236, § 26.
Ark. Code Ann. § 2-24-108 — AR Code / Title 2 / Chapter 24 / Section 2-24-108
Violations - Penalties
Status: in_force

(a) It is a violation of this chapter to: (1) Operate as a dealer without a license issued under this chapter; (2) Knowingly violate this chapter; or (3) Knowingly refuse to allow inspection of a dealer's premises, books, accounts, or other records during an audit by the State Plant Board under this chapter. (b) A person that commits a violation under subsection (a) of this section is guilty of a Class D felony. (c) A person that negligently violates this chapter upon conviction is guilty of a Class A misdemeanor. (d) (1) A person who violates this chapter or a rule promulgated under this chapter upon conviction is guilty of a violation and shall be punished by a fine of not more than one hundred dollars ($100). (2) (A) In addition to or in lieu of any other lawful disciplinary action, the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of a statute, rule, or order enforceable by the board under this chapter. (B) (i) The board shall establish by rule a schedule designating the minimum and maximum civil penalty that may be assessed under this subsection for violation of each statute, rule, or order over which it has regulatory control under this chapter. (ii) The board may promulgate any other rules necessary to carry out the intent of this subsection. (C) If a civil penalty lawfully assessed under subdivision (d)(2)(A) of this section is not paid, the civil penalty is recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred. (D) A civil penalty paid or recovered under this subsection shall be deposited into the State Treasury to be credited to the Miscellaneous Agencies Fund Account. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) It is a violation of this chapter to: (1) Operate as a dealer without a license issued under this chapter; (2) Knowingly violate this chapter; or (3) Knowingly refuse to allow inspection of a dealer's premises, books, accounts, or other records during an audit by the State Plant Board under this chapter.

(1) Operate as a dealer without a license issued under this chapter;

(2) Knowingly violate this chapter; or

(3) Knowingly refuse to allow inspection of a dealer's premises, books, accounts, or other records during an audit by the State Plant Board under this chapter.

(b) A person that commits a violation under subsection (a) of this section is guilty of a Class D felony.

(c) A person that negligently violates this chapter upon conviction is guilty of a Class A misdemeanor.

(d) (1) A person who violates this chapter or a rule promulgated under this chapter upon conviction is guilty of a violation and shall be punished by a fine of not more than one hundred dollars ($100). (2) (A) In addition to or in lieu of any other lawful disciplinary action, the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of a statute, rule, or order enforceable by the board under this chapter. (B) (i) The board shall establish by rule a schedule designating the minimum and maximum civil penalty that may be assessed under this subsection for violation of each statute, rule, or order over which it has regulatory control under this chapter. (ii) The board may promulgate any other rules necessary to carry out the intent of this subsection. (C) If a civil penalty lawfully assessed under subdivision (d)(2)(A) of this section is not paid, the civil penalty is recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred. (D) A civil penalty paid or recovered under this subsection shall be deposited into the State Treasury to be credited to the Miscellaneous Agencies Fund Account.

(1) A person who violates this chapter or a rule promulgated under this chapter upon conviction is guilty of a violation and shall be punished by a fine of not more than one hundred dollars ($100).

(2) (A) In addition to or in lieu of any other lawful disciplinary action, the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of a statute, rule, or order enforceable by the board under this chapter. (B) (i) The board shall establish by rule a schedule designating the minimum and maximum civil penalty that may be assessed under this subsection for violation of each statute, rule, or order over which it has regulatory control under this chapter. (ii) The board may promulgate any other rules necessary to carry out the intent of this subsection. (C) If a civil penalty lawfully assessed under subdivision (d)(2)(A) of this section is not paid, the civil penalty is recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred. (D) A civil penalty paid or recovered under this subsection shall be deposited into the State Treasury to be credited to the Miscellaneous Agencies Fund Account.

(A) In addition to or in lieu of any other lawful disciplinary action, the board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of a statute, rule, or order enforceable by the board under this chapter.

(B) (i) The board shall establish by rule a schedule designating the minimum and maximum civil penalty that may be assessed under this subsection for violation of each statute, rule, or order over which it has regulatory control under this chapter. (ii) The board may promulgate any other rules necessary to carry out the intent of this subsection.

(i) The board shall establish by rule a schedule designating the minimum and maximum civil penalty that may be assessed under this subsection for violation of each statute, rule, or order over which it has regulatory control under this chapter.

(ii) The board may promulgate any other rules necessary to carry out the intent of this subsection.

(C) If a civil penalty lawfully assessed under subdivision (d)(2)(A) of this section is not paid, the civil penalty is recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred.

(D) A civil penalty paid or recovered under this subsection shall be deposited into the State Treasury to be credited to the Miscellaneous Agencies Fund Account.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-38-115 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-115
Reclamation by owner
Status: in_force

(a) Within three (3) months from the time of notification required by law, if the owner of any stray livestock shall appear and claim it, he or she shall notify the impounder; and the owner shall establish his or her claim to the livestock before a court of competent jurisdiction. (b) Upon the court being satisfied of the ownership of the impounded livestock, the court shall make an order in writing requiring the impounder to release it to the owner when he or she pays the legal costs that have accrued thereon. (c) The impounder of the livestock shall release it to the owner on receiving the amount of cost legally due. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, §§ 14-16; Acts 1842, § 1, p. 25; C. & M. Dig., §§ 288-290; Pope's Dig., §§ 302-304; A.S.A. 1947, §§ 78-1121 -- 78-1123.

(a) Within three (3) months from the time of notification required by law, if the owner of any stray livestock shall appear and claim it, he or she shall notify the impounder; and the owner shall establish his or her claim to the livestock before a court of competent jurisdiction.

(b) Upon the court being satisfied of the ownership of the impounded livestock, the court shall make an order in writing requiring the impounder to release it to the owner when he or she pays the legal costs that have accrued thereon.

(c) The impounder of the livestock shall release it to the owner on receiving the amount of cost legally due.

Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023.

Rev. Stat., ch. 58, §§ 14-16; Acts 1842, § 1, p. 25; C. & M. Dig., §§ 288-290; Pope's Dig., §§ 302-304; A.S.A. 1947, §§ 78-1121 -- 78-1123.
Ark. Code Ann. § 2-16-109 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-109
Turf purchased with state moneys - Definition
Status: in_force

(a) As used in this section, "turf" means field-cultivated turf grass sod consisting of grass varieties tested by the National Turfgrass Evaluation Program. (b) Turf shall be certified by the State Plant Board if the turf is: (1) Purchased with state moneys, either directly or indirectly; or (2) Used in a project conducted: (A) By a state agency, department, board, or commission; or (B) Under a contract with the State of Arkansas. (c) Cool seasons variety blends of turf shall be grown from blue tag certified seed under the blue tag certification program of the Association of Official Seed Certifying Agencies. Acts 2005, No. 1264, § 1.

(a) As used in this section, "turf" means field-cultivated turf grass sod consisting of grass varieties tested by the National Turfgrass Evaluation Program.

(b) Turf shall be certified by the State Plant Board if the turf is: (1) Purchased with state moneys, either directly or indirectly; or (2) Used in a project conducted: (A) By a state agency, department, board, or commission; or (B) Under a contract with the State of Arkansas.

(1) Purchased with state moneys, either directly or indirectly; or

(2) Used in a project conducted: (A) By a state agency, department, board, or commission; or (B) Under a contract with the State of Arkansas.

(A) By a state agency, department, board, or commission; or

(B) Under a contract with the State of Arkansas.

(c) Cool seasons variety blends of turf shall be grown from blue tag certified seed under the blue tag certification program of the Association of Official Seed Certifying Agencies.

Acts 2005, No. 1264, § 1.
Ark. Code Ann. § 2-19-412 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-412
Stop-sale, use, or removal orders
Status: in_force

(a) The State Plant Board may issue and enforce a written or printed stop-sale, use, or removal order to the owner or custodian of any lot of soil amendment to hold the lot at a designated place when the board finds the soil amendment being offered or exposed for sale is not registered, is not labeled, is misbranded, or is adulterated, until such time as the product or labeling complies with this subchapter. (b) The soil amendment may then be released in writing by the board. Acts 1977, No. 377, § 7; A.S.A. 1947, § 77-2107.

(a) The State Plant Board may issue and enforce a written or printed stop-sale, use, or removal order to the owner or custodian of any lot of soil amendment to hold the lot at a designated place when the board finds the soil amendment being offered or exposed for sale is not registered, is not labeled, is misbranded, or is adulterated, until such time as the product or labeling complies with this subchapter.

(b) The soil amendment may then be released in writing by the board.

Acts 1977, No. 377, § 7; A.S.A. 1947, § 77-2107.
Ark. Code Ann. § 2-18-103 — AR Code / Title 2 / Chapter 18 / Section 2-18-103
Investigation and certification
Status: in_force

(a) (1) The State Plant Board is empowered to investigate and certify to varietal purity and fitness for planting of agricultural seed on request of the grower thereof. (2) (A) For this purpose, the board shall set up, in its rules, one (1) or more classifications of seed, designating the classifications as "Registered" and "Certified" or by any other one (1) or more names which it may specify; and (B) It shall specify, in its rules, the standards which seed must meet and the methods by which seed must be handled in order to be certified under the classifications. (b) Any person applying for certification of seed must, if required by the board, produce satisfactory evidence as to character, qualifications as a seed breeder, and possession of such facilities for the growing and handling of purebred seed as may be deemed necessary by the board. Acts 1931, No. 73, § 3; Pope's Dig., § 12350; A.S.A. 1947, § 77-316.

(a) (1) The State Plant Board is empowered to investigate and certify to varietal purity and fitness for planting of agricultural seed on request of the grower thereof. (2) (A) For this purpose, the board shall set up, in its rules, one (1) or more classifications of seed, designating the classifications as "Registered" and "Certified" or by any other one (1) or more names which it may specify; and (B) It shall specify, in its rules, the standards which seed must meet and the methods by which seed must be handled in order to be certified under the classifications.

(1) The State Plant Board is empowered to investigate and certify to varietal purity and fitness for planting of agricultural seed on request of the grower thereof.

(2) (A) For this purpose, the board shall set up, in its rules, one (1) or more classifications of seed, designating the classifications as "Registered" and "Certified" or by any other one (1) or more names which it may specify; and (B) It shall specify, in its rules, the standards which seed must meet and the methods by which seed must be handled in order to be certified under the classifications.

(A) For this purpose, the board shall set up, in its rules, one (1) or more classifications of seed, designating the classifications as "Registered" and "Certified" or by any other one (1) or more names which it may specify; and

(B) It shall specify, in its rules, the standards which seed must meet and the methods by which seed must be handled in order to be certified under the classifications.

(b) Any person applying for certification of seed must, if required by the board, produce satisfactory evidence as to character, qualifications as a seed breeder, and possession of such facilities for the growing and handling of purebred seed as may be deemed necessary by the board.

Acts 1931, No. 73, § 3; Pope's Dig., § 12350; A.S.A. 1947, § 77-316.
Ark. Code Ann. § 2-40-506 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-506
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 61, eff. 8/1/2017. Acts 1981, No. 271, § 6; A.S.A. 1947, § 78-466.

Repealed by Act 2017, No. 1011,§ 61, eff. 8/1/2017.

Acts 1981, No. 271, § 6; A.S.A. 1947, § 78-466.
Ark. Code Ann. § 2-10-204 — AR Code / Title 2 / Chapter 10 / Subchapter 2 / Section 2-10-204
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 17, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 15, eff. 7/1/2019. Acts 2009, No. 968, § 1; 2011, No. 776, § 1.

Repealed by Act 2023, No. 691,§ 17, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 15, eff. 7/1/2019.

Acts 2009, No. 968, § 1; 2011, No. 776, § 1.
Ark. Code Ann. § 2-32-409 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-409
Waiver, relinquishment, or release of lien prohibited
Status: in_force

(a) (1) A livestock owner shall not be required as a condition or term of an agreement to sell or otherwise to: (A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or (B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter. (2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state. (b) A livestock owner or a sales agent acting on behalf of a livestock owner may waive, relinquish, or release an owner's lien or any rights under this subchapter or agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter if the first purchaser: (1) Posts a letter of credit in a form and amount satisfactory to the livestock owner or sales agent; or (2) Both: (A) Executes a contract that is satisfactory to the livestock owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the livestock owner; and (B) Performs all of the first purchaser's obligations under the contract. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

(a) (1) A livestock owner shall not be required as a condition or term of an agreement to sell or otherwise to: (A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or (B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter. (2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state.

(1) A livestock owner shall not be required as a condition or term of an agreement to sell or otherwise to: (A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or (B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter.

(A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or

(B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter.

(2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state.

(b) A livestock owner or a sales agent acting on behalf of a livestock owner may waive, relinquish, or release an owner's lien or any rights under this subchapter or agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter if the first purchaser: (1) Posts a letter of credit in a form and amount satisfactory to the livestock owner or sales agent; or (2) Both: (A) Executes a contract that is satisfactory to the livestock owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the livestock owner; and (B) Performs all of the first purchaser's obligations under the contract.

(1) Posts a letter of credit in a form and amount satisfactory to the livestock owner or sales agent; or

(2) Both: (A) Executes a contract that is satisfactory to the livestock owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the livestock owner; and (B) Performs all of the first purchaser's obligations under the contract.

(A) Executes a contract that is satisfactory to the livestock owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the livestock owner; and

(B) Performs all of the first purchaser's obligations under the contract.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-20-602 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-602
Applicability
Status: in_force

The provisions of this subchapter shall not apply to any person who purchases one thousand (1,000) or fewer bushels of wheat in any calendar year. Acts 1985, No. 283, § 5; A.S.A. 1947, § 77-2405.

The provisions of this subchapter shall not apply to any person who purchases one thousand (1,000) or fewer bushels of wheat in any calendar year.

Acts 1985, No. 283, § 5; A.S.A. 1947, § 77-2405.
Ark. Code Ann. § 2-16-208 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-208
Director of board
Status: in_force

(a) (1) The Director of the State Plant Board shall be appointed by the Governor and shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture. (b) (1) The secretary may delegate to the director any of the powers and duties required to administer the: (A) Statutory duties of the State Plant Board; and (B) Rules, orders, or directives promulgated or issued by the board. (2) The director may exercise the powers and duties delegated under subdivision (b)(1) of this section in the name of the board and of the Department of Agriculture. Amended by Act 2023, No. 691,§ 21, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 19, eff. 7/1/2019. Acts 1917, No. 414, § 4; C. & M. Dig., § 8027; Acts 1921, No. 664, § 1; Pope's Dig., § 12336; Acts 1953, No. 360, § 1; 1983, No. 691, § 11; A.S.A. 1947, §§ 77-103.2, 77-104.

(a) (1) The Director of the State Plant Board shall be appointed by the Governor and shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture.

(1) The Director of the State Plant Board shall be appointed by the Governor and shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Agriculture.

(b) (1) The secretary may delegate to the director any of the powers and duties required to administer the: (A) Statutory duties of the State Plant Board; and (B) Rules, orders, or directives promulgated or issued by the board. (2) The director may exercise the powers and duties delegated under subdivision (b)(1) of this section in the name of the board and of the Department of Agriculture.

(1) The secretary may delegate to the director any of the powers and duties required to administer the: (A) Statutory duties of the State Plant Board; and (B) Rules, orders, or directives promulgated or issued by the board.

(A) Statutory duties of the State Plant Board; and

(B) Rules, orders, or directives promulgated or issued by the board.

(2) The director may exercise the powers and duties delegated under subdivision (b)(1) of this section in the name of the board and of the Department of Agriculture.

Amended by Act 2023, No. 691,§ 21, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 19, eff. 7/1/2019.

Acts 1917, No. 414, § 4; C. & M. Dig., § 8027; Acts 1921, No. 664, § 1; Pope's Dig., § 12336; Acts 1953, No. 360, § 1; 1983, No. 691, § 11; A.S.A. 1947, §§ 77-103.2, 77-104.
Ark. Code Ann. § 2-15-411 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-411
[Repealed]
Status: repealed

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021. Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-34-201 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-201
Definitions
Status: in_force

As used in this subchapter: (1) "Brand" means for purposes of ownership identification a permanent identification burned or frozen into the hide of a live animal with a hot iron or hot or frozen chemical in letters, numbers, or figures, each of which is at least three inches (3") in overall length or diameter and is to be considered in relation to its location on the animal; and (2) "Livestock" and "animal" mean any bovine, horse, or mule. Amended by Act 2019, No. 378,§ 5, eff. 7/24/2019. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, § 1; A.S.A. 1947, § 78-807; Acts 1999, No. 14, § 1.

As used in this subchapter:

(1) "Brand" means for purposes of ownership identification a permanent identification burned or frozen into the hide of a live animal with a hot iron or hot or frozen chemical in letters, numbers, or figures, each of which is at least three inches (3") in overall length or diameter and is to be considered in relation to its location on the animal; and

(2) "Livestock" and "animal" mean any bovine, horse, or mule.

Amended by Act 2019, No. 378,§ 5, eff. 7/24/2019.

Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015.

Acts 1959, No. 179, § 1; A.S.A. 1947, § 78-807; Acts 1999, No. 14, § 1.
Ark. Code Ann. § 2-17-216 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-216
Replacement of license
Status: in_force

Upon satisfactory proof of the loss or destruction of a license issued to a public grain warehouseman, a duplicate or a new license may be issued under the same number. Acts 1979, No. 83, § 14; A.S.A. 1947, § 77-1314.

Upon satisfactory proof of the loss or destruction of a license issued to a public grain warehouseman, a duplicate or a new license may be issued under the same number.

Acts 1979, No. 83, § 14; A.S.A. 1947, § 77-1314.
Ark. Code Ann. § 2-19-205 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-205
Statement required on each container
Status: in_force

(a) Before selling or offering for sale in this state complete fertilizer or fertilizer materials, all persons, companies, manufacturers, dealers, or agents shall brand, print, or attach to each bag or other container: (1) A true statement giving the name and address of the manufacturer or guarantor; (2) The net weight of the package or other container, in pounds; (3) The brand name or trademark; (4) The guaranteed analysis: nitrogen ...............%, phosphoric acid, available ...............%, potash soluble in distilled water ...............%; and (5) Such other information as the State Plant Board may require in its rules. (b) This information shall be given in the invoice rather than on the container for sales of anhydrous ammonia and other fertilizers in bulk. (c) All the provisions of this subchapter which apply to statements or guarantees appearing on containers shall apply equally to information contained in the invoice. Acts 1951, No. 106, § 2; 1953, No. 221, § 1; A.S.A. 1947, § 77-702.

(a) Before selling or offering for sale in this state complete fertilizer or fertilizer materials, all persons, companies, manufacturers, dealers, or agents shall brand, print, or attach to each bag or other container: (1) A true statement giving the name and address of the manufacturer or guarantor; (2) The net weight of the package or other container, in pounds; (3) The brand name or trademark; (4) The guaranteed analysis: nitrogen ...............%, phosphoric acid, available ...............%, potash soluble in distilled water ...............%; and (5) Such other information as the State Plant Board may require in its rules.

(1) A true statement giving the name and address of the manufacturer or guarantor;

(2) The net weight of the package or other container, in pounds;

(3) The brand name or trademark;

(4) The guaranteed analysis: nitrogen ...............%, phosphoric acid, available ...............%, potash soluble in distilled water ...............%; and

(5) Such other information as the State Plant Board may require in its rules.

(b) This information shall be given in the invoice rather than on the container for sales of anhydrous ammonia and other fertilizers in bulk.

(c) All the provisions of this subchapter which apply to statements or guarantees appearing on containers shall apply equally to information contained in the invoice.

Acts 1951, No. 106, § 2; 1953, No. 221, § 1; A.S.A. 1947, § 77-702.
Ark. Code Ann. § 2-17-413 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-413
Temporary continuation of business
Status: in_force

The Public Grain Warehouse Commissioner may, with the approval of the court, continue the operation of all, or any part of, the business of the licensee on a temporary basis and take any other course of action or procedure which will serve the interests of the depositors. Acts 1983, No. 342, § 13; A.S.A. 1947, § 77-1355.

The Public Grain Warehouse Commissioner may, with the approval of the court, continue the operation of all, or any part of, the business of the licensee on a temporary basis and take any other course of action or procedure which will serve the interests of the depositors.

Acts 1983, No. 342, § 13; A.S.A. 1947, § 77-1355.
Ark. Code Ann. § 2-17-236 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-236
Insolvent warehouses
Status: in_force

(a) If it shall be discovered that any public grain warehouse is insolvent or that its continuance in business will seriously jeopardize the interest of its creditors or grain depositors, it shall be the duty of the Public Grain Warehouse Commissioner to close the warehouse, to take charge of all the property and effects thereof, and to notify the surety. (b) Upon taking charge of any warehouse, the commissioner shall, as soon as practicable, ascertain by a thorough examination into its affairs its actual financial condition. Whenever the commissioner shall become satisfied that the corporation cannot resume business or liquidate its indebtedness to the satisfaction of its creditors, the commissioner shall report the fact of its insolvency to the Attorney General. Immediately upon receipt of the notice, the Attorney General shall institute proper proceedings in the proper court for the purpose of having a receiver appointed. Acts 1979, No. 83, § 23; A.S.A. 1947, § 77-1323.

(a) If it shall be discovered that any public grain warehouse is insolvent or that its continuance in business will seriously jeopardize the interest of its creditors or grain depositors, it shall be the duty of the Public Grain Warehouse Commissioner to close the warehouse, to take charge of all the property and effects thereof, and to notify the surety.

(b) Upon taking charge of any warehouse, the commissioner shall, as soon as practicable, ascertain by a thorough examination into its affairs its actual financial condition. Whenever the commissioner shall become satisfied that the corporation cannot resume business or liquidate its indebtedness to the satisfaction of its creditors, the commissioner shall report the fact of its insolvency to the Attorney General. Immediately upon receipt of the notice, the Attorney General shall institute proper proceedings in the proper court for the purpose of having a receiver appointed.

Acts 1979, No. 83, § 23; A.S.A. 1947, § 77-1323.
Ark. Code Ann. § 2-2-422 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-422
Annual report
Status: in_force

Each association formed under this subchapter shall prepare and make out an annual report on forms furnished by the Secretary of State and the College of Agriculture of the University of Arkansas at Fayetteville, containing: (1) The name of the association; (2) Its principal place of business; and (3) A general statement of its business operations during the fiscal year, showing: (A) (i) The amount of capital stock paid up and the number of stockholders of a stock association; or (ii) The number of members and amount of membership fees received if a nonstock association; (B) The total expenses of operations; (C) The amount of its indebtedness or liability; and (D) Its balance sheets. Acts 1921, No. 116, § 19; Pope's Dig., § 2304; A.S.A. 1947, § 77-919.

Each association formed under this subchapter shall prepare and make out an annual report on forms furnished by the Secretary of State and the College of Agriculture of the University of Arkansas at Fayetteville, containing:

(1) The name of the association;

(2) Its principal place of business; and

(3) A general statement of its business operations during the fiscal year, showing: (A) (i) The amount of capital stock paid up and the number of stockholders of a stock association; or (ii) The number of members and amount of membership fees received if a nonstock association; (B) The total expenses of operations; (C) The amount of its indebtedness or liability; and (D) Its balance sheets.

(A) (i) The amount of capital stock paid up and the number of stockholders of a stock association; or (ii) The number of members and amount of membership fees received if a nonstock association;

(i) The amount of capital stock paid up and the number of stockholders of a stock association; or

(ii) The number of members and amount of membership fees received if a nonstock association;

(B) The total expenses of operations;

(C) The amount of its indebtedness or liability; and

(D) Its balance sheets.

Acts 1921, No. 116, § 19; Pope's Dig., § 2304; A.S.A. 1947, § 77-919.
Ark. Code Ann. § 2-2-105 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-105
Reasons for organizing
Status: in_force

An association may be organized to engage in any agricultural or related activity, including, but without limitation, any activity in connection with the producing, marketing, selling, harvesting, dairying, preserving, drying, processing, canning, packing, milling, ginning, compressing, storing, transporting, handling, or utilization of any agricultural or forestry products produced by it or delivered to it by its members or others; with the manufacturing or marketing of the by-products thereof, or in connection with the purchase, hiring, or use by it or its members or others of supplies, machinery, or equipment; in the acquisition or improvement of land; in the construction or maintenance of houses, barns, sheds, or facilities for its use or the use of its members; for indemnifying or replacing damaged, lost, or destroyed livestock or other tangible personal property pertaining to agriculture belonging to its members; in burial activities; or the furnishing of medical, dental, health, hospitalization, nursing, or any related services, or medicines or medical supplies to its members and their families. Acts 1939, No. 153, § 4; A.S.A. 1947, § 77-1004.

An association may be organized to engage in any agricultural or related activity, including, but without limitation, any activity in connection with the producing, marketing, selling, harvesting, dairying, preserving, drying, processing, canning, packing, milling, ginning, compressing, storing, transporting, handling, or utilization of any agricultural or forestry products produced by it or delivered to it by its members or others; with the manufacturing or marketing of the by-products thereof, or in connection with the purchase, hiring, or use by it or its members or others of supplies, machinery, or equipment; in the acquisition or improvement of land; in the construction or maintenance of houses, barns, sheds, or facilities for its use or the use of its members; for indemnifying or replacing damaged, lost, or destroyed livestock or other tangible personal property pertaining to agriculture belonging to its members; in burial activities; or the furnishing of medical, dental, health, hospitalization, nursing, or any related services, or medicines or medical supplies to its members and their families.

Acts 1939, No. 153, § 4; A.S.A. 1947, § 77-1004.
Ark. Code Ann. § 2-34-211 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-211
Book as evidence of ownership
Status: in_force

(a) Brands appearing in the current edition of the State Brand Book or supplements to the current edition of the State Brand Book shall be prima facie evidence of ownership and shall take precedence over brands of like kind should the question of ownership arise. (b) The owner whose brand does not appear in the State Brand Book or supplement to the State Brand Book shall produce evidence to establish his or her title to the property in the event of controversy. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, § 9; A.S.A. 1947, § 78-815.

(a) Brands appearing in the current edition of the State Brand Book or supplements to the current edition of the State Brand Book shall be prima facie evidence of ownership and shall take precedence over brands of like kind should the question of ownership arise.

(b) The owner whose brand does not appear in the State Brand Book or supplement to the State Brand Book shall produce evidence to establish his or her title to the property in the event of controversy.

Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015.

Acts 1959, No. 179, § 9; A.S.A. 1947, § 78-815.
Ark. Code Ann. § 2-24-106 — AR Code / Title 2 / Chapter 24 / Section 2-24-106
Bond requirement
Status: in_force

The State Plant Board may require a surety bond, financial reserve, or other evidence of creditworthiness for dealers. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

The State Plant Board may require a surety bond, financial reserve, or other evidence of creditworthiness for dealers.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-17-203 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-203
Applicability
Status: in_force

(a) The provisions of this subchapter shall apply to all public grain warehouses and to the operations of public grain warehouses whether or not any of the grain therein is owned by the warehouseman, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended. (b) The provisions and definitions of the Uniform Commercial Code, § 4-1-101 et seq., relating to warehouse receipts, to the extent not inconsistent with this subchapter, shall govern warehouse receipts issued by public grain warehousemen, and the other provisions of the Uniform Commercial Code, § 4-1-101 et seq. shall also be applicable to the provisions of this subchapter to the extent not inconsistent with this subchapter. Acts 1979, No. 83, § 3; A.S.A. 1947, § 77-1303.

(a) The provisions of this subchapter shall apply to all public grain warehouses and to the operations of public grain warehouses whether or not any of the grain therein is owned by the warehouseman, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.

(b) The provisions and definitions of the Uniform Commercial Code, § 4-1-101 et seq., relating to warehouse receipts, to the extent not inconsistent with this subchapter, shall govern warehouse receipts issued by public grain warehousemen, and the other provisions of the Uniform Commercial Code, § 4-1-101 et seq. shall also be applicable to the provisions of this subchapter to the extent not inconsistent with this subchapter.

Acts 1979, No. 83, § 3; A.S.A. 1947, § 77-1303.
Ark. Code Ann. § 2-40-803 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-803
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 67, eff. 8/1/2017. Acts 1997, No. 1306, § 25; 2007, No. 827, § 8.

Repealed by Act 2017, No. 1011,§ 67, eff. 8/1/2017.

Acts 1997, No. 1306, § 25; 2007, No. 827, § 8.
Ark. Code Ann. § 2-3-104 — AR Code / Title 2 / Chapter 3 / Section 2-3-104
[Suspended See Note] Right to security interests
Status: in_force

Any foreign party shall have the right to make loans of money and to take and accept mortgages or other security interests upon agricultural land in Arkansas to secure the payment of loans. The foreign party may acquire fee ownership of the land upon a foreclosure or other legal enforcement of the security interest, provided the foreign party acquiring ownership registers the ownership as required in this chapter. Acts 1979, No. 1096, § 4; A.S.A. 1947, § 77-2204. Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .

Any foreign party shall have the right to make loans of money and to take and accept mortgages or other security interests upon agricultural land in Arkansas to secure the payment of loans. The foreign party may acquire fee ownership of the land upon a foreclosure or other legal enforcement of the security interest, provided the foreign party acquiring ownership registers the ownership as required in this chapter.

Acts 1979, No. 1096, § 4; A.S.A. 1947, § 77-2204.

Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
Ark. Code Ann. § 2-2-308 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-308
Merger or consolidation of domestic and foreign associations
Status: in_force

(a) One (1) or more foreign associations and one (1) or more domestic associations may be merged or consolidated in the following manner if the merger or consolidation is permitted by the laws of the state or country under which each foreign association is organized: (1) Each domestic association shall comply with the provisions of this subchapter with respect to the merger or consolidation, as the case may be, of domestic associations. Each foreign association shall comply with the applicable provisions of the laws of the state or country under which it is organized; and (2) If the surviving or new association, as the case may be, is to be governed by laws of any country or state other than this state, it shall comply with the laws of Arkansas with respect to the admission of foreign associations if it is to transact business in this state. Moreover, it shall file with the Secretary of State of this state an irrevocable appointment of the Secretary of State as its agent to accept service of process in any proceeding. (b) (1) The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic associations if the surviving or new association is to be governed by the laws of this state. (2) If the surviving or new association is to be governed by the laws of any country or state other than this state, the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic associations, except insofar as the laws of the other state provide otherwise. Acts 1981, No. 121, § 7; A.S.A. 1947, § 77-1033.

(a) One (1) or more foreign associations and one (1) or more domestic associations may be merged or consolidated in the following manner if the merger or consolidation is permitted by the laws of the state or country under which each foreign association is organized: (1) Each domestic association shall comply with the provisions of this subchapter with respect to the merger or consolidation, as the case may be, of domestic associations. Each foreign association shall comply with the applicable provisions of the laws of the state or country under which it is organized; and (2) If the surviving or new association, as the case may be, is to be governed by laws of any country or state other than this state, it shall comply with the laws of Arkansas with respect to the admission of foreign associations if it is to transact business in this state. Moreover, it shall file with the Secretary of State of this state an irrevocable appointment of the Secretary of State as its agent to accept service of process in any proceeding.

(1) Each domestic association shall comply with the provisions of this subchapter with respect to the merger or consolidation, as the case may be, of domestic associations. Each foreign association shall comply with the applicable provisions of the laws of the state or country under which it is organized; and

(2) If the surviving or new association, as the case may be, is to be governed by laws of any country or state other than this state, it shall comply with the laws of Arkansas with respect to the admission of foreign associations if it is to transact business in this state. Moreover, it shall file with the Secretary of State of this state an irrevocable appointment of the Secretary of State as its agent to accept service of process in any proceeding.

(b) (1) The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic associations if the surviving or new association is to be governed by the laws of this state. (2) If the surviving or new association is to be governed by the laws of any country or state other than this state, the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic associations, except insofar as the laws of the other state provide otherwise.

(1) The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic associations if the surviving or new association is to be governed by the laws of this state.

(2) If the surviving or new association is to be governed by the laws of any country or state other than this state, the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic associations, except insofar as the laws of the other state provide otherwise.

Acts 1981, No. 121, § 7; A.S.A. 1947, § 77-1033.
Ark. Code Ann. § 2-2-201 — AR Code / Title 2 / Chapter 2 / Subchapter 2 / Section 2-2-201
Membership
Status: in_force

(a) A person, firm, or corporation shall become a member of a cotton cooperative association organized and domesticated under the laws of the State of Arkansas only when the membership contract shall be in duplicate and shall state the time of the duration of each contract signed both by the member and the association. (b) The signature of any person on a draft or check containing conditions which purport to make a person a member of a cotton cooperative association as a prerequisite to obtaining money on any draft or check given to him or her for any cotton which he or she has sold or pledged to any cotton cooperative association shall not be construed as making the person a member of the association, even though he or she has signed or endorsed the check or draft. Acts 1939, No. 12, § 1; 1939, No. 202, § 1; A.S.A. 1947, § 77-1026.

(a) A person, firm, or corporation shall become a member of a cotton cooperative association organized and domesticated under the laws of the State of Arkansas only when the membership contract shall be in duplicate and shall state the time of the duration of each contract signed both by the member and the association.

(b) The signature of any person on a draft or check containing conditions which purport to make a person a member of a cotton cooperative association as a prerequisite to obtaining money on any draft or check given to him or her for any cotton which he or she has sold or pledged to any cotton cooperative association shall not be construed as making the person a member of the association, even though he or she has signed or endorsed the check or draft.

Acts 1939, No. 12, § 1; 1939, No. 202, § 1; A.S.A. 1947, § 77-1026.
Ark. Code Ann. § 2-37-114 — AR Code / Title 2 / Chapter 37 / Section 2-37-114
Cooperation with other entities
Status: in_force

The State Plant Board may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the United States Government, and private associations in order to carry out the purpose and provisions of this chapter. Acts 1997, No. 726, § 14.

The State Plant Board may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the United States Government, and private associations in order to carry out the purpose and provisions of this chapter.

Acts 1997, No. 726, § 14.
Ark. Code Ann. § 2-22-106 — AR Code / Title 2 / Chapter 22 / Section 2-22-106
Enforcement
Status: in_force

(a) (1) For the enforcement of this chapter, the apiary inspector shall have, where any apiary is located or any bees, combs, or apiary appliances are kept, the authority to enter upon any private or public premises with right of access, ingress, and egress for the purpose of ascertaining the existence of the disease known as American foulbrood or European foulbrood or any other disease which is infectious or contagious and injurious to bees in their egg, larval, pupal, or adult stages. (2) (A) Before exercising that authority, the inspector must afford the beekeeper the opportunity to be present during the inspection by serving notice of the date and time of inspection at least five (5) days before the inspection. (B) The five-day period may be abbreviated upon the mutual consent of the inspector and the beekeeper. (b) Beekeepers aggrieved by the actions of an inspector may appeal the inspector's action to the State Plant Board at the board's next meeting. Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.

(a) (1) For the enforcement of this chapter, the apiary inspector shall have, where any apiary is located or any bees, combs, or apiary appliances are kept, the authority to enter upon any private or public premises with right of access, ingress, and egress for the purpose of ascertaining the existence of the disease known as American foulbrood or European foulbrood or any other disease which is infectious or contagious and injurious to bees in their egg, larval, pupal, or adult stages. (2) (A) Before exercising that authority, the inspector must afford the beekeeper the opportunity to be present during the inspection by serving notice of the date and time of inspection at least five (5) days before the inspection. (B) The five-day period may be abbreviated upon the mutual consent of the inspector and the beekeeper.

(1) For the enforcement of this chapter, the apiary inspector shall have, where any apiary is located or any bees, combs, or apiary appliances are kept, the authority to enter upon any private or public premises with right of access, ingress, and egress for the purpose of ascertaining the existence of the disease known as American foulbrood or European foulbrood or any other disease which is infectious or contagious and injurious to bees in their egg, larval, pupal, or adult stages.

(2) (A) Before exercising that authority, the inspector must afford the beekeeper the opportunity to be present during the inspection by serving notice of the date and time of inspection at least five (5) days before the inspection. (B) The five-day period may be abbreviated upon the mutual consent of the inspector and the beekeeper.

(A) Before exercising that authority, the inspector must afford the beekeeper the opportunity to be present during the inspection by serving notice of the date and time of inspection at least five (5) days before the inspection.

(B) The five-day period may be abbreviated upon the mutual consent of the inspector and the beekeeper.

(b) Beekeepers aggrieved by the actions of an inspector may appeal the inspector's action to the State Plant Board at the board's next meeting.

Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.
Ark. Code Ann. § 2-20-203 — AR Code / Title 2 / Chapter 20 / Subchapter 2 / Section 2-20-203
Method of ginning
Status: in_force

(a) All cotton ginned by public gins in this state, as defined in § 2-20-201 , shall be ginned in such a manner as to make a good sample and to give a reasonable turnout according to the condition of the cotton and shall be paid for by the person having the cotton ginned at a reasonable price per one hundred pounds (100 lbs.) of seed cotton, plus the bagging and ties furnished by the ginner at a reasonable price. (b) The seed from any cotton ginned shall be delivered to the person having it ginned at his or her request or may be purchased by the ginner at such price as may be agreed upon. Acts 1919, No. 447, § 3; C. & M. Dig., § 10456; A.S.A. 1947, § 77-803.

(a) All cotton ginned by public gins in this state, as defined in § 2-20-201 , shall be ginned in such a manner as to make a good sample and to give a reasonable turnout according to the condition of the cotton and shall be paid for by the person having the cotton ginned at a reasonable price per one hundred pounds (100 lbs.) of seed cotton, plus the bagging and ties furnished by the ginner at a reasonable price.

(b) The seed from any cotton ginned shall be delivered to the person having it ginned at his or her request or may be purchased by the ginner at such price as may be agreed upon.

Acts 1919, No. 447, § 3; C. & M. Dig., § 10456; A.S.A. 1947, § 77-803.
Ark. Code Ann. § 2-20-301 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-301
Title
Status: in_force

This subchapter shall be known as the "Arkansas Fruit and Vegetable Labeling Act of 1947", which is enacted in the exercise of the police powers of this state for the general welfare of the people of this state. Acts 1947, No. 343, § 1; A.S.A. 1947, § 77-601.

This subchapter shall be known as the "Arkansas Fruit and Vegetable Labeling Act of 1947", which is enacted in the exercise of the police powers of this state for the general welfare of the people of this state.

Acts 1947, No. 343, § 1; A.S.A. 1947, § 77-601.
Ark. Code Ann. § 2-35-214 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-214
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1981, No. 770, § 20; A.S.A. 1947, § 78-917.

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017.

Acts 1981, No. 770, § 20; A.S.A. 1947, § 78-917.
Ark. Code Ann. § 2-16-909 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-909
Effective date
Status: in_force

This law becomes effective September 1, 2009. Acts 2009, No. 401, § 1.

This law becomes effective September 1, 2009.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-16-303 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-303
Provisions supplemental
Status: in_force

This subchapter shall not be construed as limiting the authority conferred upon the State Plant Board by the Arkansas Plant Act of 1917, § 2-16-201 et seq., but shall be construed as supplemental thereto. Acts 1921, No. 519, § 12; Pope's Dig., § 12368; A.S.A. 1947, § 77-128.

This subchapter shall not be construed as limiting the authority conferred upon the State Plant Board by the Arkansas Plant Act of 1917, § 2-16-201 et seq., but shall be construed as supplemental thereto.

Acts 1921, No. 519, § 12; Pope's Dig., § 12368; A.S.A. 1947, § 77-128.
Ark. Code Ann. § 2-15-503 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-503
Definitions
Status: in_force

As used in this subchapter: (1) "Certified seed" means industrial hemp seed that has been certified as having no more tetrahydrocannabinol concentration than that adopted by federal law under the Agricultural Marketing Act, 7 U.S.C. § 1639o , as it existed on January 1, 2021; (2) "Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object; (3) "Grower" means a person licensed to grow and produce industrial hemp by the State Plant Board under this subchapter; (4) "Hemp product" means a product made from industrial hemp, including without limitation: (A) Certified seed for cultivation if the certified seed originates from industrial hemp varieties; (B) Cloth; (C) Cordage; (D) Fiber; (E) Food; (F) Fuel; (G) Paint; (H) Paper; (I) Particleboard; (J) Plastics; and (K) Seed, seed meal, and seed oil for consumption; (5) "Industrial hemp" means the plant Cannabis sativa and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent (0.3%) of the hemp-derived cannabadiol on a dry weight basis, unless specifically controlled under the Uniform Controlled Substances Act, § 5-64-101 et seq.; (6) "Lot" means a contiguous field, greenhouse, or indoor growing structure containing the same variety or strain of Cannabis sativa throughout the area; (7) "Measurement of uncertainty" means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement; (8) "Produce" means to grow industrial hemp for market or for cultivation for market; (9) "Representative sample" means a portion of the submitted sample that is prepared for laboratory analysis in such a way that it accurately and completely reflects the composition of the originally submitted sample from which it was taken; (10) "Tetrahydrocannabinol" means the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, Cannabis sativa, or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity; and (11) "Total available tetrahydrocannabinol" means the sum of concentrations of: (A) Tetrahydrocannabinol in the original sample submitted for analysis; and (B) Tetrahydrocannabinol derived from tetrahydrocannabinolic acid in the sample through the laboratory procedure of post-decarboxylation. Amended by Act 2023, No. 629,§ 2, eff. 4/11/2023. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

As used in this subchapter:

(1) "Certified seed" means industrial hemp seed that has been certified as having no more tetrahydrocannabinol concentration than that adopted by federal law under the Agricultural Marketing Act, 7 U.S.C. § 1639o , as it existed on January 1, 2021;

(2) "Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object;

(3) "Grower" means a person licensed to grow and produce industrial hemp by the State Plant Board under this subchapter;

(4) "Hemp product" means a product made from industrial hemp, including without limitation: (A) Certified seed for cultivation if the certified seed originates from industrial hemp varieties; (B) Cloth; (C) Cordage; (D) Fiber; (E) Food; (F) Fuel; (G) Paint; (H) Paper; (I) Particleboard; (J) Plastics; and (K) Seed, seed meal, and seed oil for consumption;

(A) Certified seed for cultivation if the certified seed originates from industrial hemp varieties;

(B) Cloth;

(C) Cordage;

(D) Fiber;

(E) Food;

(F) Fuel;

(G) Paint;

(H) Paper;

(I) Particleboard;

(J) Plastics; and

(K) Seed, seed meal, and seed oil for consumption;

(5) "Industrial hemp" means the plant Cannabis sativa and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent (0.3%) of the hemp-derived cannabadiol on a dry weight basis, unless specifically controlled under the Uniform Controlled Substances Act, § 5-64-101 et seq.;

(6) "Lot" means a contiguous field, greenhouse, or indoor growing structure containing the same variety or strain of Cannabis sativa throughout the area;

(7) "Measurement of uncertainty" means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement;

(8) "Produce" means to grow industrial hemp for market or for cultivation for market;

(9) "Representative sample" means a portion of the submitted sample that is prepared for laboratory analysis in such a way that it accurately and completely reflects the composition of the originally submitted sample from which it was taken;

(10) "Tetrahydrocannabinol" means the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, Cannabis sativa, or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity; and

(11) "Total available tetrahydrocannabinol" means the sum of concentrations of: (A) Tetrahydrocannabinol in the original sample submitted for analysis; and (B) Tetrahydrocannabinol derived from tetrahydrocannabinolic acid in the sample through the laboratory procedure of post-decarboxylation.

(A) Tetrahydrocannabinol in the original sample submitted for analysis; and

(B) Tetrahydrocannabinol derived from tetrahydrocannabinolic acid in the sample through the laboratory procedure of post-decarboxylation.

Amended by Act 2023, No. 629,§ 2, eff. 4/11/2023.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-22-109 — AR Code / Title 2 / Chapter 22 / Section 2-22-109
Duties of persons engaged in beekeeping
Status: in_force

(a) (1) It is the duty of all persons engaged in beekeeping to provide movable frames in all hives used by them to contain bees and to cause the bees in the hives to construct brood combs in the frames so that any of the frames may be removed from the hive without injuring other combs in the hive. (2) Beekeepers shall change newly acquired bees from their natural habitat to hives as soon as possible, but in no case shall a period of more than twelve (12) months elapse between the date of acquiring new bees and transferring them to hives. (b) Immediately upon detection of disease, anyone keeping bees shall treat and disinfect, or burn and bury in places where they shall remain undisturbed, combs and frames taken from diseased colonies, or, until salvaged, combs and frames shall be placed in tight receptacles so constructed that it is impossible for bees to gain access to combs or for honey or any other liquid to leak out where bees are able to gain access to it. (c) Anyone exposing combs, honey, frames, empty hives, covers or bottom-boards, or tools, or other appliances contaminated by infected material from diseased colonies shall, upon conviction, be punished as provided in this chapter. Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.

(a) (1) It is the duty of all persons engaged in beekeeping to provide movable frames in all hives used by them to contain bees and to cause the bees in the hives to construct brood combs in the frames so that any of the frames may be removed from the hive without injuring other combs in the hive. (2) Beekeepers shall change newly acquired bees from their natural habitat to hives as soon as possible, but in no case shall a period of more than twelve (12) months elapse between the date of acquiring new bees and transferring them to hives.

(1) It is the duty of all persons engaged in beekeeping to provide movable frames in all hives used by them to contain bees and to cause the bees in the hives to construct brood combs in the frames so that any of the frames may be removed from the hive without injuring other combs in the hive.

(2) Beekeepers shall change newly acquired bees from their natural habitat to hives as soon as possible, but in no case shall a period of more than twelve (12) months elapse between the date of acquiring new bees and transferring them to hives.

(b) Immediately upon detection of disease, anyone keeping bees shall treat and disinfect, or burn and bury in places where they shall remain undisturbed, combs and frames taken from diseased colonies, or, until salvaged, combs and frames shall be placed in tight receptacles so constructed that it is impossible for bees to gain access to combs or for honey or any other liquid to leak out where bees are able to gain access to it.

(c) Anyone exposing combs, honey, frames, empty hives, covers or bottom-boards, or tools, or other appliances contaminated by infected material from diseased colonies shall, upon conviction, be punished as provided in this chapter.

Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.
Ark. Code Ann. § 2-20-305 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-305
Penalties
Status: in_force

Each person who by himself or herself or through his or her agent or employee violates any provision of this subchapter shall be guilty of a Class C misdemeanor for each offense. Acts 1947, No. 343, § 8; A.S.A. 1947, § 77-609; Acts 2005, No. 1994, § 403.

Each person who by himself or herself or through his or her agent or employee violates any provision of this subchapter shall be guilty of a Class C misdemeanor for each offense.

Acts 1947, No. 343, § 8; A.S.A. 1947, § 77-609; Acts 2005, No. 1994, § 403.
Ark. Code Ann. § 2-2-305 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-305
Approval by members - Abandonment
Status: in_force

(a) (1) Upon approving the plan of merger or plan of consolidation, the board of directors of each association by resolution shall direct the plan be submitted to a vote at a meeting of members, which may be either an annual or a special meeting. (2) (A) Written or printed notice shall be given to each member not less than twenty (20) days before the meeting, in the manner provided in this subchapter for the giving of notice of meetings to members, and shall state the purpose of the meeting, whether the meeting is an annual or a special meeting. (B) A copy or a summary of the plan of merger or plan of consolidation, as the case may be, shall be included in or enclosed with the notice. (b) (1) At each meeting, a vote of the members shall be taken on the proposed plan of merger or consolidation. (2) Each member of each association shall be entitled to vote on the proposed plan of merger or consolidation. (3) The plan of merger or consolidation shall be approved upon receiving the affirmative vote of at least two-thirds (2/3) of the votes cast at the meeting in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy. (c) After approval by a vote of the members of each association and at any time before the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned under provisions, if any, set forth in the plan of merger or consolidation. Acts 1981, No. 121, § 4; 1983, No. 163, § 4; A.S.A. 1947, § 77-1030.

(a) (1) Upon approving the plan of merger or plan of consolidation, the board of directors of each association by resolution shall direct the plan be submitted to a vote at a meeting of members, which may be either an annual or a special meeting. (2) (A) Written or printed notice shall be given to each member not less than twenty (20) days before the meeting, in the manner provided in this subchapter for the giving of notice of meetings to members, and shall state the purpose of the meeting, whether the meeting is an annual or a special meeting. (B) A copy or a summary of the plan of merger or plan of consolidation, as the case may be, shall be included in or enclosed with the notice.

(1) Upon approving the plan of merger or plan of consolidation, the board of directors of each association by resolution shall direct the plan be submitted to a vote at a meeting of members, which may be either an annual or a special meeting.

(2) (A) Written or printed notice shall be given to each member not less than twenty (20) days before the meeting, in the manner provided in this subchapter for the giving of notice of meetings to members, and shall state the purpose of the meeting, whether the meeting is an annual or a special meeting. (B) A copy or a summary of the plan of merger or plan of consolidation, as the case may be, shall be included in or enclosed with the notice.

(A) Written or printed notice shall be given to each member not less than twenty (20) days before the meeting, in the manner provided in this subchapter for the giving of notice of meetings to members, and shall state the purpose of the meeting, whether the meeting is an annual or a special meeting.

(B) A copy or a summary of the plan of merger or plan of consolidation, as the case may be, shall be included in or enclosed with the notice.

(b) (1) At each meeting, a vote of the members shall be taken on the proposed plan of merger or consolidation. (2) Each member of each association shall be entitled to vote on the proposed plan of merger or consolidation. (3) The plan of merger or consolidation shall be approved upon receiving the affirmative vote of at least two-thirds (2/3) of the votes cast at the meeting in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy.

(1) At each meeting, a vote of the members shall be taken on the proposed plan of merger or consolidation.

(2) Each member of each association shall be entitled to vote on the proposed plan of merger or consolidation.

(3) The plan of merger or consolidation shall be approved upon receiving the affirmative vote of at least two-thirds (2/3) of the votes cast at the meeting in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy.

(c) After approval by a vote of the members of each association and at any time before the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned under provisions, if any, set forth in the plan of merger or consolidation.

Acts 1981, No. 121, § 4; 1983, No. 163, § 4; A.S.A. 1947, § 77-1030.
Ark. Code Ann. § 2-16-414 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-414
Hearing on stop-sale, etc., order
Status: in_force

(a) (1) After service of a stop-sale, use, or removal order is made upon any person, either that person, the registrant, or the State Plant Board may file an action in a court of competent jurisdiction in the county in which a violation of this subchapter or rules adopted hereunder is alleged to have occurred for an adjudication of the alleged violation. (2) The court in the action may issue temporary or permanent injunctions, mandatory or restraining orders, and such intermediate orders as it deems necessary or advisable. (3) The court may order condemnation of any pesticide or device which does not meet the requirements of this subchapter or rules adopted hereunder. (b) (1) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs. (2) If the pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State Treasury as provided in § 2-16-419 . (3) The pesticide or device shall not be sold contrary to the provisions of this subchapter or rules adopted hereunder. (4) Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to its owner for relabeling, reprocessing, removing from the state, or otherwise bringing the product into compliance. (c) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide. (d) No state court shall allow the recovery of damages from administrative action taken or for stop-sale, use, or removal if the court finds that there was probable cause for such action. Acts 1975, No. 410, §§ 14, 18; A.S.A. 1947, §§ 77-240, 77-244.

(a) (1) After service of a stop-sale, use, or removal order is made upon any person, either that person, the registrant, or the State Plant Board may file an action in a court of competent jurisdiction in the county in which a violation of this subchapter or rules adopted hereunder is alleged to have occurred for an adjudication of the alleged violation. (2) The court in the action may issue temporary or permanent injunctions, mandatory or restraining orders, and such intermediate orders as it deems necessary or advisable. (3) The court may order condemnation of any pesticide or device which does not meet the requirements of this subchapter or rules adopted hereunder.

(1) After service of a stop-sale, use, or removal order is made upon any person, either that person, the registrant, or the State Plant Board may file an action in a court of competent jurisdiction in the county in which a violation of this subchapter or rules adopted hereunder is alleged to have occurred for an adjudication of the alleged violation.

(2) The court in the action may issue temporary or permanent injunctions, mandatory or restraining orders, and such intermediate orders as it deems necessary or advisable.

(3) The court may order condemnation of any pesticide or device which does not meet the requirements of this subchapter or rules adopted hereunder.

(b) (1) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs. (2) If the pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State Treasury as provided in § 2-16-419 . (3) The pesticide or device shall not be sold contrary to the provisions of this subchapter or rules adopted hereunder. (4) Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to its owner for relabeling, reprocessing, removing from the state, or otherwise bringing the product into compliance.

(1) If the pesticide or device is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court directs.

(2) If the pesticide or device is sold, the proceeds, less costs including legal costs, shall be paid to the State Treasury as provided in § 2-16-419 .

(3) The pesticide or device shall not be sold contrary to the provisions of this subchapter or rules adopted hereunder.

(4) Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be disposed of unlawfully, the court may direct that the pesticide or device be delivered to its owner for relabeling, reprocessing, removing from the state, or otherwise bringing the product into compliance.

(c) When a decree of condemnation is entered against the pesticide or device, court costs, fees, storage, and other proper expenses shall be awarded against the person, if any, appearing as claimant of the pesticide.

(d) No state court shall allow the recovery of damages from administrative action taken or for stop-sale, use, or removal if the court finds that there was probable cause for such action.

Acts 1975, No. 410, §§ 14, 18; A.S.A. 1947, §§ 77-240, 77-244.
Ark. Code Ann. § 2-5-102 — AR Code / Title 2 / Chapter 5 / Subchapter 1 / Section 2-5-102
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "domesticated fish" means any fish that are spawned and grown, managed, harvested, and marketed on an annual, semiannual, biennial, or short-term basis in privately owned waters as privately owned waters are defined in § 15-43-301 . Acts 1961, No. 166, § 2; A.S.A. 1947, § 78-1802.

As used in this subchapter, unless the context otherwise requires, "domesticated fish" means any fish that are spawned and grown, managed, harvested, and marketed on an annual, semiannual, biennial, or short-term basis in privately owned waters as privately owned waters are defined in § 15-43-301 .

Acts 1961, No. 166, § 2; A.S.A. 1947, § 78-1802.
Ark. Code Ann. § 2-19-301 — AR Code / Title 2 / Chapter 19 / Subchapter 3 / Section 2-19-301
Title
Status: in_force

This subchapter shall be known as the "Arkansas Agricultural Liming Materials Act". Acts 1969, No. 353, § 1; A.S.A. 1947, § 77-1901.

This subchapter shall be known as the "Arkansas Agricultural Liming Materials Act".

Acts 1969, No. 353, § 1; A.S.A. 1947, § 77-1901.
Ark. Code Ann. § 2-38-116 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-116
Refusal to deliver
Status: in_force

If any person who has impounded any livestock shall refuse to release it to the owner on his or her having complied with the requirements of this subchapter, as respects proving ownership of the livestock, the owner shall have a right of civil action. If the owner recovers in an action, he or she shall also recover double costs. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 18; C. & M. Dig., § 292; Pope's Dig., § 306; A.S.A. 1947, § 78-1125.

If any person who has impounded any livestock shall refuse to release it to the owner on his or her having complied with the requirements of this subchapter, as respects proving ownership of the livestock, the owner shall have a right of civil action. If the owner recovers in an action, he or she shall also recover double costs.

Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023.

Rev. Stat., ch. 58, § 18; C. & M. Dig., § 292; Pope's Dig., § 306; A.S.A. 1947, § 78-1125.
Ark. Code Ann. § 2-40-1002 — AR Code / Title 2 / Chapter 40 / Subchapter 10 / Section 2-40-1002
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 74, eff. 8/1/2017. Acts 1895, No. 120, §§ 1-4, p. 176; C. & M. Dig., §§ 384-387; Pope's Dig., §§ 408-411; A.S.A. 1947, §§ 78-501 -- 78-504; Acts 2005, No. 1994, § 26.

Repealed by Act 2017, No. 1011,§ 74, eff. 8/1/2017.

Acts 1895, No. 120, §§ 1-4, p. 176; C. & M. Dig., §§ 384-387; Pope's Dig., §§ 408-411; A.S.A. 1947, §§ 78-501 -- 78-504; Acts 2005, No. 1994, § 26.
Ark. Code Ann. § 2-40-1201 — AR Code / Title 2 / Chapter 40 / Subchapter 12 / Section 2-40-1201
Fees - Disposition of funds
Status: in_force

(a) In order to fund or partially fund the pseudorabies control and eradication program there is hereby levied a fee of one dollar ($1.00) per head on all spent sows and boars sold at livestock markets. (b) (1) Each livestock market operator shall collect fees and remit monthly to the Secretary of the Department of Finance and Administration. (2) The secretary may promulgate such rules as the secretary deems necessary to implement the collection of the fee. (c) After deducting three percent (3%) for credit to the Constitutional Officers Fund and the State Central Services Fund, the remainder of funds so remitted to the secretary shall be deposited into the State Treasury as special revenues and credited to the Livestock and Poultry Commission Swine Testing Fund. (d) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of funds which will remain at the end of the fiscal year in the fund from fees collected under the provisions of this section. The Chief Fiscal Officer of the State shall allow such funds to be carried forward and made available for the same purpose in the next-succeeding fiscal year. Amended by Act 2019, No. 910,§ 3298, eff. 7/1/2019. Acts 1991, No. 1105, § 24.

(a) In order to fund or partially fund the pseudorabies control and eradication program there is hereby levied a fee of one dollar ($1.00) per head on all spent sows and boars sold at livestock markets.

(b) (1) Each livestock market operator shall collect fees and remit monthly to the Secretary of the Department of Finance and Administration. (2) The secretary may promulgate such rules as the secretary deems necessary to implement the collection of the fee.

(1) Each livestock market operator shall collect fees and remit monthly to the Secretary of the Department of Finance and Administration.

(2) The secretary may promulgate such rules as the secretary deems necessary to implement the collection of the fee.

(c) After deducting three percent (3%) for credit to the Constitutional Officers Fund and the State Central Services Fund, the remainder of funds so remitted to the secretary shall be deposited into the State Treasury as special revenues and credited to the Livestock and Poultry Commission Swine Testing Fund.

(d) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of funds which will remain at the end of the fiscal year in the fund from fees collected under the provisions of this section. The Chief Fiscal Officer of the State shall allow such funds to be carried forward and made available for the same purpose in the next-succeeding fiscal year.

Amended by Act 2019, No. 910,§ 3298, eff. 7/1/2019.

Acts 1991, No. 1105, § 24.
Ark. Code Ann. § 2-20-202 — AR Code / Title 2 / Chapter 20 / Subchapter 2 / Section 2-20-202
Order in ginning
Status: in_force

(a) All public cotton gins in this state as defined in § 2-20-201 are required to gin all cotton brought to the gin for ginning in the order in which it is presented for ginning. (b) Cotton offered for ginning from vehicles shall be ginned as provided and ahead of cotton stored in gin buildings if, at the time offered, it is in condition to be ginned. Acts 1919, No. 447, § 2; C. & M. Dig., § 10455; A.S.A. 1947, § 77-802.

(a) All public cotton gins in this state as defined in § 2-20-201 are required to gin all cotton brought to the gin for ginning in the order in which it is presented for ginning.

(b) Cotton offered for ginning from vehicles shall be ginned as provided and ahead of cotton stored in gin buildings if, at the time offered, it is in condition to be ginned.

Acts 1919, No. 447, § 2; C. & M. Dig., § 10455; A.S.A. 1947, § 77-802.
Ark. Code Ann. § 2-38-402 — AR Code / Title 2 / Chapter 38 / Subchapter 4 / Section 2-38-402
Duty to impound
Status: in_force

It is the duty of the Division of Arkansas State Police and the sheriffs of the respective counties to ensure the restraint and impounding of any livestock found running at large along or on any public highway in the State of Arkansas. Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023. Acts 1955, No. 145, § 2; A.S.A. 1947, § 78-1145.

It is the duty of the Division of Arkansas State Police and the sheriffs of the respective counties to ensure the restraint and impounding of any livestock found running at large along or on any public highway in the State of Arkansas.

Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023.

Acts 1955, No. 145, § 2; A.S.A. 1947, § 78-1145.
Ark. Code Ann. § 2-33-208 — AR Code / Title 2 / Chapter 33 / Subchapter 2 / Section 2-33-208
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017. Acts 1969, No. 360, § 1; A.S.A. 1947, § 78-313.1.

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017.

Acts 1969, No. 360, § 1; A.S.A. 1947, § 78-313.1.
Ark. Code Ann. § 2-22-102 — AR Code / Title 2 / Chapter 22 / Section 2-22-102
Penalty
Status: in_force

Any person violating the provisions of this chapter shall be guilty of a Class C misdemeanor and shall be punished accordingly. Acts 1977, No. 161, § 6; A.S.A. 1947, § 78-1730.

Any person violating the provisions of this chapter shall be guilty of a Class C misdemeanor and shall be punished accordingly.

Acts 1977, No. 161, § 6; A.S.A. 1947, § 78-1730.
Ark. Code Ann. § 2-35-205 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-205
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 12; Pope's Dig., § 3239; A.S.A. 1947, § 78-912.

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017.

Acts 1937, No. 206, § 12; Pope's Dig., § 3239; A.S.A. 1947, § 78-912.
Ark. Code Ann. § 2-20-606 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-606
Assessments on grown wheat
Status: in_force

(a) (1) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all wheat grown within the state. (2) This assessment shall be deducted from the amount paid the producer at the first point of sale, whether within or without the state, or at the point the wheat enters into the United States Department of Agriculture loan program. (3) This assessment may be extended for an indefinite period of time or until twenty percent (20%) of the producers ask for return of funds; then another referendum shall be called by the Arkansas Wheat Promotion Board in the manner set forth in this subchapter. (b) (1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of wheat at the first point of sale or when the wheat enters the United States Department of Agriculture loan program. (2) (A) The proceeds of the assessment, less not more than three percent (3%) to cover cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board. (B) Disbursement shall be made only upon motions duly passed by the board and presented to the Treasurer of State, and only for purposes prescribed in this subchapter. Amended by Act 2019, No. 910,§ 3285, eff. 7/1/2019. Acts 1985, No. 283, § 3; A.S.A. 1947, § 77-2403; Acts 1995, No. 107, § 1.

(a) (1) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all wheat grown within the state. (2) This assessment shall be deducted from the amount paid the producer at the first point of sale, whether within or without the state, or at the point the wheat enters into the United States Department of Agriculture loan program. (3) This assessment may be extended for an indefinite period of time or until twenty percent (20%) of the producers ask for return of funds; then another referendum shall be called by the Arkansas Wheat Promotion Board in the manner set forth in this subchapter.

(1) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all wheat grown within the state.

(2) This assessment shall be deducted from the amount paid the producer at the first point of sale, whether within or without the state, or at the point the wheat enters into the United States Department of Agriculture loan program.

(3) This assessment may be extended for an indefinite period of time or until twenty percent (20%) of the producers ask for return of funds; then another referendum shall be called by the Arkansas Wheat Promotion Board in the manner set forth in this subchapter.

(b) (1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of wheat at the first point of sale or when the wheat enters the United States Department of Agriculture loan program. (2) (A) The proceeds of the assessment, less not more than three percent (3%) to cover cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board. (B) Disbursement shall be made only upon motions duly passed by the board and presented to the Treasurer of State, and only for purposes prescribed in this subchapter.

(1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of wheat at the first point of sale or when the wheat enters the United States Department of Agriculture loan program.

(2) (A) The proceeds of the assessment, less not more than three percent (3%) to cover cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board. (B) Disbursement shall be made only upon motions duly passed by the board and presented to the Treasurer of State, and only for purposes prescribed in this subchapter.

(A) The proceeds of the assessment, less not more than three percent (3%) to cover cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board.

(B) Disbursement shall be made only upon motions duly passed by the board and presented to the Treasurer of State, and only for purposes prescribed in this subchapter.

Amended by Act 2019, No. 910,§ 3285, eff. 7/1/2019.

Acts 1985, No. 283, § 3; A.S.A. 1947, § 77-2403; Acts 1995, No. 107, § 1.
Ark. Code Ann. § 2-20-102 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-102
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Agricultural products" means horticultural, viticultural, bee, and other agricultural products; (2) "Board" means the State Plant Board; (3) "Director" means the Director of the State Plant Board; (4) "Persons" means individuals, partnerships, corporations, associations, or two (2) or more individuals having a joint or common interest; and (5) "Places" means vessels, cars, and other vehicles, buildings, docks, railroad platforms, orchards, fields, and other premises where agricultural products are kept, handled, or grown. Acts 1925, No. 218, § 2; Pope's Dig., § 12385; A.S.A. 1947, § 77-502.

As used in this subchapter, unless the context otherwise requires:

(1) "Agricultural products" means horticultural, viticultural, bee, and other agricultural products;

(2) "Board" means the State Plant Board;

(3) "Director" means the Director of the State Plant Board;

(4) "Persons" means individuals, partnerships, corporations, associations, or two (2) or more individuals having a joint or common interest; and

(5) "Places" means vessels, cars, and other vehicles, buildings, docks, railroad platforms, orchards, fields, and other premises where agricultural products are kept, handled, or grown.

Acts 1925, No. 218, § 2; Pope's Dig., § 12385; A.S.A. 1947, § 77-502.
Ark. Code Ann. § 2-33-103 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-103
Organization and meetings
Status: in_force

(a) The Arkansas Livestock and Poultry Commission shall from time to time select from its membership a chair and a vice chair. (b) (1) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations, which shall be public. (2) Meetings of the commission shall be called by the Chair of the Arkansas Livestock and Poultry Commission or by four (4) members of the commission. (c) (1) A majority of the membership of the commission shall constitute a quorum. (2) A majority vote of those members present shall be required for any action of the commission. (d) The Governor may remove a member of the commission before the expiration of his or her term for cause only, after notice and a hearing in accordance with §§ 25-17-210 and 25-17-211 . (e) All meetings shall be open to the public. Amended by Act 2023, No. 691,§ 45, eff. 7/1/2023. Amended by Act 2017, No. 1011,§ 2, eff. 8/1/2017. Acts 1963, No. 87, § 6; A.S.A. 1947, § 78-306.

(a) The Arkansas Livestock and Poultry Commission shall from time to time select from its membership a chair and a vice chair.

(b) (1) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations, which shall be public. (2) Meetings of the commission shall be called by the Chair of the Arkansas Livestock and Poultry Commission or by four (4) members of the commission.

(1) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations, which shall be public.

(2) Meetings of the commission shall be called by the Chair of the Arkansas Livestock and Poultry Commission or by four (4) members of the commission.

(c) (1) A majority of the membership of the commission shall constitute a quorum. (2) A majority vote of those members present shall be required for any action of the commission.

(1) A majority of the membership of the commission shall constitute a quorum.

(2) A majority vote of those members present shall be required for any action of the commission.

(d) The Governor may remove a member of the commission before the expiration of his or her term for cause only, after notice and a hearing in accordance with §§ 25-17-210 and 25-17-211 .

(e) All meetings shall be open to the public.

Amended by Act 2023, No. 691,§ 45, eff. 7/1/2023.

Amended by Act 2017, No. 1011,§ 2, eff. 8/1/2017.

Acts 1963, No. 87, § 6; A.S.A. 1947, § 78-306.
Ark. Code Ann. § 2-2-417 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-417
Certificates of membership or stock ownership
Status: in_force

(a) When a member of an association established without capital stock has paid his or her membership fee in full, he or she shall receive a certificate of membership. (b) (1) (A) No association shall issue stock to a member until the stock has been fully paid for. (B) The promissory notes of the members may be accepted by the association as full or partial payment. (2) The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote. (c) Except for debts lawfully contracted between him or her and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his or her membership fee or his or her subscription to the capital stock, including any unpaid balances on any promissory notes given in payment thereof. (d) (1) No stockholder of a cooperative association shall own more than one-twentieth ( 1 / 20 ) of the common stock of the association. (2) An association in its bylaws may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth ( 1 / 20 ) of the common stock. (e) No member or stockholder shall be entitled to more than one (1) vote. (f) (1) Any association organized with stock under this subchapter may issue preferred stock, with or without the right to vote. (2) The stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of each certificate. (g) The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of the agricultural products handled by the association, and the restriction must be printed upon every certificate of stock subject thereto. (h) At any time except when the debts of the association exceed fifty percent (50%) of its assets, the association may buy in or purchase its common stock at book value as conclusively determined by the board of directors and pay for it in cash within one (1) year thereafter. Acts 1921, No. 116, § 14; Pope's Dig., § 2299; A.S.A. 1947, § 77-914.

(a) When a member of an association established without capital stock has paid his or her membership fee in full, he or she shall receive a certificate of membership.

(b) (1) (A) No association shall issue stock to a member until the stock has been fully paid for. (B) The promissory notes of the members may be accepted by the association as full or partial payment. (2) The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote.

(1) (A) No association shall issue stock to a member until the stock has been fully paid for. (B) The promissory notes of the members may be accepted by the association as full or partial payment.

(A) No association shall issue stock to a member until the stock has been fully paid for.

(B) The promissory notes of the members may be accepted by the association as full or partial payment.

(2) The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote.

(c) Except for debts lawfully contracted between him or her and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his or her membership fee or his or her subscription to the capital stock, including any unpaid balances on any promissory notes given in payment thereof.

(d) (1) No stockholder of a cooperative association shall own more than one-twentieth ( 1 / 20 ) of the common stock of the association. (2) An association in its bylaws may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth ( 1 / 20 ) of the common stock.

(1) No stockholder of a cooperative association shall own more than one-twentieth ( 1 / 20 ) of the common stock of the association.

(2) An association in its bylaws may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth ( 1 / 20 ) of the common stock.

(e) No member or stockholder shall be entitled to more than one (1) vote.

(f) (1) Any association organized with stock under this subchapter may issue preferred stock, with or without the right to vote. (2) The stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of each certificate.

(1) Any association organized with stock under this subchapter may issue preferred stock, with or without the right to vote.

(2) The stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of each certificate.

(g) The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of the agricultural products handled by the association, and the restriction must be printed upon every certificate of stock subject thereto.

(h) At any time except when the debts of the association exceed fifty percent (50%) of its assets, the association may buy in or purchase its common stock at book value as conclusively determined by the board of directors and pay for it in cash within one (1) year thereafter.

Acts 1921, No. 116, § 14; Pope's Dig., § 2299; A.S.A. 1947, § 77-914.
Ark. Code Ann. § 2-16-104 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-104
Disposition of funds
Status: in_force

(a) All fees, interest, penalties, and costs collected by the State Plant Board as authorized by law shall be deposited into the State Treasury on or before the fifth day of the month next following the month of collection thereof. (b) Upon receipt of the funds, the Treasurer of State shall, after deducting therefrom the collection charge authorized by law, credit the net amount to the credit of the Plant Board Fund to be used for the maintenance, operation, and improvement of the board. (c) All fees, fines, penalties, moneys, and funds arising from all sources resulting from the enforcement, operation, investigation, application, and administration of the laws under the jurisdiction of the Arkansas Bureau of Standards of the State Plant Board and the sale of property resulting from said purposes, and all moneys, grants, and other sources of funding procured for the bureau, shall be deposited into the Plant Board Fund, or any successor fund, to be used solely for the maintenance, operation, and improvement of the bureau. Acts 1957, No. 417, § 1; A.S.A. 1947, § 77-138; Acts 1995, No. 1304, § 4.

(a) All fees, interest, penalties, and costs collected by the State Plant Board as authorized by law shall be deposited into the State Treasury on or before the fifth day of the month next following the month of collection thereof.

(b) Upon receipt of the funds, the Treasurer of State shall, after deducting therefrom the collection charge authorized by law, credit the net amount to the credit of the Plant Board Fund to be used for the maintenance, operation, and improvement of the board.

(c) All fees, fines, penalties, moneys, and funds arising from all sources resulting from the enforcement, operation, investigation, application, and administration of the laws under the jurisdiction of the Arkansas Bureau of Standards of the State Plant Board and the sale of property resulting from said purposes, and all moneys, grants, and other sources of funding procured for the bureau, shall be deposited into the Plant Board Fund, or any successor fund, to be used solely for the maintenance, operation, and improvement of the bureau.

Acts 1957, No. 417, § 1; A.S.A. 1947, § 77-138; Acts 1995, No. 1304, § 4.
Ark. Code Ann. § 2-15-309 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-309
Waiver, relinquishment, or release of lien prohibited
Status: in_force

(a) (1) A grain, soybean, or peanut owner shall not be required as a condition or term of an agreement to sell or otherwise to: (A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or (B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter. (2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state. (b) A grain, soybean, or peanut owner or a sales agent acting on behalf of a grain, soybean, or peanut owner may waive, relinquish, or release an owner's lien or any rights under this subchapter or agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter if the first purchaser: (1) Posts a letter of credit in a form and amount satisfactory to the grain, soybean, or peanut owner or sales agent; or (2) Both: (A) Executes a contract that is satisfactory to the grain, soybean, or peanut owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the grain, soybean, or peanut owner; and (B) Performs all of the first purchaser's obligations under the contract. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

(a) (1) A grain, soybean, or peanut owner shall not be required as a condition or term of an agreement to sell or otherwise to: (A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or (B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter. (2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state.

(1) A grain, soybean, or peanut owner shall not be required as a condition or term of an agreement to sell or otherwise to: (A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or (B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter.

(A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or

(B) Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter.

(2) A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state.

(b) A grain, soybean, or peanut owner or a sales agent acting on behalf of a grain, soybean, or peanut owner may waive, relinquish, or release an owner's lien or any rights under this subchapter or agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter if the first purchaser: (1) Posts a letter of credit in a form and amount satisfactory to the grain, soybean, or peanut owner or sales agent; or (2) Both: (A) Executes a contract that is satisfactory to the grain, soybean, or peanut owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the grain, soybean, or peanut owner; and (B) Performs all of the first purchaser's obligations under the contract.

(1) Posts a letter of credit in a form and amount satisfactory to the grain, soybean, or peanut owner or sales agent; or

(2) Both: (A) Executes a contract that is satisfactory to the grain, soybean, or peanut owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the grain, soybean, or peanut owner; and (B) Performs all of the first purchaser's obligations under the contract.

(A) Executes a contract that is satisfactory to the grain, soybean, or peanut owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the grain, soybean, or peanut owner; and

(B) Performs all of the first purchaser's obligations under the contract.

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-20-601 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-601
Purpose
Status: in_force

The purpose of this subchapter is to promote the growth and development of the wheat industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas. Acts 1985, No. 283, § 1; A.S.A. 1947, § 77-2401.

The purpose of this subchapter is to promote the growth and development of the wheat industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas.

Acts 1985, No. 283, § 1; A.S.A. 1947, § 77-2401.
Ark. Code Ann. § 2-19-401 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-401
Title
Status: in_force

This subchapter shall be known as the "Soil Amendment Act of 1977". Acts 1977, No. 377, § 1; A.S.A. 1947, § 77-2101.

This subchapter shall be known as the "Soil Amendment Act of 1977".

Acts 1977, No. 377, § 1; A.S.A. 1947, § 77-2101.
Ark. Code Ann. § 2-24-112 — AR Code / Title 2 / Chapter 24 / Section 2-24-112
Slow-pay hotline
Status: in_force

(a) The State Plant Board shall establish a slow-pay hotline for a person to notify the board that a dealer is more than thirty (30) days late on the dealer's contractual obligation for payment of grain to the person. (b) A dealer shall provide notice to each person from which the dealer purchases grain on the availability of the slow-pay hotline established under this section. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) The State Plant Board shall establish a slow-pay hotline for a person to notify the board that a dealer is more than thirty (30) days late on the dealer's contractual obligation for payment of grain to the person.

(b) A dealer shall provide notice to each person from which the dealer purchases grain on the availability of the slow-pay hotline established under this section.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-36-206 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-206
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 21, eff. 7/24/2019. Acts 1949, No. 20, §§ 2, 3; A.S.A. 1947, §§ 78-1605, 78-1606.

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 21, eff. 7/24/2019.

Acts 1949, No. 20, §§ 2, 3; A.S.A. 1947, §§ 78-1605, 78-1606.
Ark. Code Ann. § 2-16-406 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-406
Powers of State Plant Board
Status: in_force

(a) The State Plant Board is authorized, after due notice and an opportunity for a hearing, to: (1) Declare as a pest any form of plant or animal life, other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals, which is injurious to health or the environment; (2) Determine whether pesticides registered under the authority of Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c) , are highly toxic to man. The definition of "highly toxic" in 16 C.F.R. § 1500.3(b)(6)(i) , as issued or hereafter amended, shall govern the board's determination; (3) Determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment. The board shall be guided by the United States Environmental Protection Agency regulations in this determination; and (4) Prescribe regulations requiring any pesticide registered for special local needs to be colored or discolored if it determines that the requirement is feasible and is necessary for the protection of health and the environment. (b) The board is authorized to inspect pesticides wherever found and may sample and analyze or cause to be analyzed samples thereof, to determine compliance with this subchapter and the regulations adopted hereunder. (c) The board is authorized, after due notice and a public hearing, to make appropriate regulations where the regulations are necessary for the enforcement and administration of this subchapter. These regulations shall include, but not be limited to, regulations providing for: (1) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; (2) Labeling requirements of all pesticides required to be registered under provisions of this subchapter. The regulations shall not impose any requirements for federally registered labels in addition to or different from those required under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; (3) Specifying those classes of devices which shall be subject to any provision of § 2-16-410 . (d) For the purpose of uniformity and in order to enter into cooperative agreements, the board may: (1) Adopt restricted-use pesticides classifications as determined by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state-restricted pesticides when, after investigation and public hearing, it finds and determines the pesticide to be injurious to persons, animals, or vegetation other than the pest or vegetation which it is intended to destroy, or otherwise requires additional restrictions under the conditions set forth in § 2-16-403(29) . The sale or distribution of such pesticides in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules and regulations as may be made by the board after a public hearing. The rules and regulations may include rules and regulations prescribing the time when and the conditions under which the materials may be used in different areas in the state. The board, in its rules and regulations, may charge inspection and permit fees sufficient to cover the cost of enforcement of this subdivision (d)(1); and (2) Adopt regulations in conformity with the primary pesticide standards, particularly as to labeling and registration requirements, as established by the United States Environmental Protection Agency or other federal or state agencies. Acts 1975, No. 410, § 9; A.S.A. 1947, § 77-235.

(a) The State Plant Board is authorized, after due notice and an opportunity for a hearing, to: (1) Declare as a pest any form of plant or animal life, other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals, which is injurious to health or the environment; (2) Determine whether pesticides registered under the authority of Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c) , are highly toxic to man. The definition of "highly toxic" in 16 C.F.R. § 1500.3(b)(6)(i) , as issued or hereafter amended, shall govern the board's determination; (3) Determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment. The board shall be guided by the United States Environmental Protection Agency regulations in this determination; and (4) Prescribe regulations requiring any pesticide registered for special local needs to be colored or discolored if it determines that the requirement is feasible and is necessary for the protection of health and the environment.

(1) Declare as a pest any form of plant or animal life, other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals, which is injurious to health or the environment;

(2) Determine whether pesticides registered under the authority of Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c) , are highly toxic to man. The definition of "highly toxic" in 16 C.F.R. § 1500.3(b)(6)(i) , as issued or hereafter amended, shall govern the board's determination;

(3) Determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment. The board shall be guided by the United States Environmental Protection Agency regulations in this determination; and

(4) Prescribe regulations requiring any pesticide registered for special local needs to be colored or discolored if it determines that the requirement is feasible and is necessary for the protection of health and the environment.

(b) The board is authorized to inspect pesticides wherever found and may sample and analyze or cause to be analyzed samples thereof, to determine compliance with this subchapter and the regulations adopted hereunder.

(c) The board is authorized, after due notice and a public hearing, to make appropriate regulations where the regulations are necessary for the enforcement and administration of this subchapter. These regulations shall include, but not be limited to, regulations providing for: (1) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers; (2) Labeling requirements of all pesticides required to be registered under provisions of this subchapter. The regulations shall not impose any requirements for federally registered labels in addition to or different from those required under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; (3) Specifying those classes of devices which shall be subject to any provision of § 2-16-410 .

(1) The safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers;

(2) Labeling requirements of all pesticides required to be registered under provisions of this subchapter. The regulations shall not impose any requirements for federally registered labels in addition to or different from those required under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;

(3) Specifying those classes of devices which shall be subject to any provision of § 2-16-410 .

(d) For the purpose of uniformity and in order to enter into cooperative agreements, the board may: (1) Adopt restricted-use pesticides classifications as determined by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state-restricted pesticides when, after investigation and public hearing, it finds and determines the pesticide to be injurious to persons, animals, or vegetation other than the pest or vegetation which it is intended to destroy, or otherwise requires additional restrictions under the conditions set forth in § 2-16-403(29) . The sale or distribution of such pesticides in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules and regulations as may be made by the board after a public hearing. The rules and regulations may include rules and regulations prescribing the time when and the conditions under which the materials may be used in different areas in the state. The board, in its rules and regulations, may charge inspection and permit fees sufficient to cover the cost of enforcement of this subdivision (d)(1); and (2) Adopt regulations in conformity with the primary pesticide standards, particularly as to labeling and registration requirements, as established by the United States Environmental Protection Agency or other federal or state agencies.

(1) Adopt restricted-use pesticides classifications as determined by the United States Environmental Protection Agency. In addition, the board may declare certain pesticides or pesticide uses as state-restricted pesticides when, after investigation and public hearing, it finds and determines the pesticide to be injurious to persons, animals, or vegetation other than the pest or vegetation which it is intended to destroy, or otherwise requires additional restrictions under the conditions set forth in § 2-16-403(29) . The sale or distribution of such pesticides in Arkansas or their use in pest control or other operation is prohibited, except in accordance with such rules and regulations as may be made by the board after a public hearing. The rules and regulations may include rules and regulations prescribing the time when and the conditions under which the materials may be used in different areas in the state. The board, in its rules and regulations, may charge inspection and permit fees sufficient to cover the cost of enforcement of this subdivision (d)(1); and

(2) Adopt regulations in conformity with the primary pesticide standards, particularly as to labeling and registration requirements, as established by the United States Environmental Protection Agency or other federal or state agencies.

Acts 1975, No. 410, § 9; A.S.A. 1947, § 77-235.
Ark. Code Ann. § 2-16-416 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-416
Intergovernmental cooperation
Status: in_force

The State Plant Board may cooperate, receive grants-in-aid, and enter into cooperative agreements or contracts with any agency of the federal government or this state or its subdivisions or with any agency of another state, in order to: (1) Secure uniformity of rules; (2) Enter into cooperative agreements with the United States Environmental Protection Agency to register pesticides under the authority of this subchapter and the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; and (3) Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and implement cooperative enforcement programs, including, but not limited to, the registration and inspection of establishments. Acts 1975, No. 410, § 15; A.S.A. 1947, § 77-241.

The State Plant Board may cooperate, receive grants-in-aid, and enter into cooperative agreements or contracts with any agency of the federal government or this state or its subdivisions or with any agency of another state, in order to:

(1) Secure uniformity of rules;

(2) Enter into cooperative agreements with the United States Environmental Protection Agency to register pesticides under the authority of this subchapter and the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; and

(3) Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and implement cooperative enforcement programs, including, but not limited to, the registration and inspection of establishments.

Acts 1975, No. 410, § 15; A.S.A. 1947, § 77-241.
Ark. Code Ann. § 2-40-603 — AR Code / Title 2 / Chapter 40 / Subchapter 6 / Section 2-40-603
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 64, eff. 8/1/2017. Acts 1957, No. 33, § 3; A.S.A. 1947, § 78-435.

Repealed by Act 2017, No. 1011,§ 64, eff. 8/1/2017.

Acts 1957, No. 33, § 3; A.S.A. 1947, § 78-435.
Ark. Code Ann. § 2-15-303 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-303
Grain, soybeans, or peanuts lien
Status: in_force

(a) (1) To secure the obligations of a first purchaser to pay the sales price, a grain, soybean, or peanut owner is granted a lien in all grain, soybeans, or peanuts sold by the grain, soybean, or peanut owner for any unpaid portion of the sales price for the grain, soybeans, or peanuts. (2) The lien granted under this section is granted and shall exist as part of and incident to the ownership of grain, soybeans, or peanuts. (b) An owner's lien: (1) Exists in and attaches immediately to all grain, soybeans, or peanuts on July 22, 2015; and (2) Continues uninterrupted and without lapse: (A) In all grain, soybeans, or peanuts upon and after the sale of the grain, soybeans, or peanuts; and (B) In and to all proceeds. (c) (1) An owner's lien exists until the grain, soybean, or peanut owner or the sales agent entitled to receive the sales price has received the full amount of the sales price. (2) A security interest or mortgage lien of an owner's lender attaches to the grain, soybean, or peanut owner's right to an owner's lien in grain, soybeans, or peanuts or in proceeds from the sale of the grain, soybeans, or peanuts. (3) An owner's lender does not waive its security interest or mortgage lien or right in an owner's lien by approving or authorizing the grain, soybean, or peanut owner to sell the grain, soybeans, or peanuts under a sales agreement. (d) (1) The validity of an owner's lien is not dependent on possession of the grain, soybeans, or peanuts by a grain, soybean, or peanut owner or sales agent. (2) An owner's lien is not void or expired by reason of a change or transfer of the actual or constructive possession of or title to the grain, soybeans, or peanuts from the grain, soybean, or peanut owner or sales agent to a first purchaser or subsequent purchaser. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

(a) (1) To secure the obligations of a first purchaser to pay the sales price, a grain, soybean, or peanut owner is granted a lien in all grain, soybeans, or peanuts sold by the grain, soybean, or peanut owner for any unpaid portion of the sales price for the grain, soybeans, or peanuts. (2) The lien granted under this section is granted and shall exist as part of and incident to the ownership of grain, soybeans, or peanuts.

(1) To secure the obligations of a first purchaser to pay the sales price, a grain, soybean, or peanut owner is granted a lien in all grain, soybeans, or peanuts sold by the grain, soybean, or peanut owner for any unpaid portion of the sales price for the grain, soybeans, or peanuts.

(2) The lien granted under this section is granted and shall exist as part of and incident to the ownership of grain, soybeans, or peanuts.

(b) An owner's lien: (1) Exists in and attaches immediately to all grain, soybeans, or peanuts on July 22, 2015; and (2) Continues uninterrupted and without lapse: (A) In all grain, soybeans, or peanuts upon and after the sale of the grain, soybeans, or peanuts; and (B) In and to all proceeds.

(1) Exists in and attaches immediately to all grain, soybeans, or peanuts on July 22, 2015; and

(2) Continues uninterrupted and without lapse: (A) In all grain, soybeans, or peanuts upon and after the sale of the grain, soybeans, or peanuts; and (B) In and to all proceeds.

(A) In all grain, soybeans, or peanuts upon and after the sale of the grain, soybeans, or peanuts; and

(B) In and to all proceeds.

(c) (1) An owner's lien exists until the grain, soybean, or peanut owner or the sales agent entitled to receive the sales price has received the full amount of the sales price. (2) A security interest or mortgage lien of an owner's lender attaches to the grain, soybean, or peanut owner's right to an owner's lien in grain, soybeans, or peanuts or in proceeds from the sale of the grain, soybeans, or peanuts. (3) An owner's lender does not waive its security interest or mortgage lien or right in an owner's lien by approving or authorizing the grain, soybean, or peanut owner to sell the grain, soybeans, or peanuts under a sales agreement.

(1) An owner's lien exists until the grain, soybean, or peanut owner or the sales agent entitled to receive the sales price has received the full amount of the sales price.

(2) A security interest or mortgage lien of an owner's lender attaches to the grain, soybean, or peanut owner's right to an owner's lien in grain, soybeans, or peanuts or in proceeds from the sale of the grain, soybeans, or peanuts.

(3) An owner's lender does not waive its security interest or mortgage lien or right in an owner's lien by approving or authorizing the grain, soybean, or peanut owner to sell the grain, soybeans, or peanuts under a sales agreement.

(d) (1) The validity of an owner's lien is not dependent on possession of the grain, soybeans, or peanuts by a grain, soybean, or peanut owner or sales agent. (2) An owner's lien is not void or expired by reason of a change or transfer of the actual or constructive possession of or title to the grain, soybeans, or peanuts from the grain, soybean, or peanut owner or sales agent to a first purchaser or subsequent purchaser.

(1) The validity of an owner's lien is not dependent on possession of the grain, soybeans, or peanuts by a grain, soybean, or peanut owner or sales agent.

(2) An owner's lien is not void or expired by reason of a change or transfer of the actual or constructive possession of or title to the grain, soybeans, or peanuts from the grain, soybean, or peanut owner or sales agent to a first purchaser or subsequent purchaser.

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-17-219 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-219
Receipt of tendered grain
Status: in_force

(a) (1) Every public grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the public grain warehouse shall permit, all grain tendered to him or her in the usual course of business. (2) However, a public grain warehouse owned and operated as a cooperative may decline to accept grain tendered by a nonmember if the cooperative reasonably believes that its available capacity will be required to serve the members of the cooperative. (b) (1) The depositor and the public grain warehouseman may agree upon a sample taken from the lot of grain to be offered for storage as being a true and representative sample. (2) The depositor and the public grain warehouseman may agree upon the grade of the grain offered for storage, and a warehouse receipt may be issued on the agreed grade. Acts 1979, No. 83, § 17; A.S.A. 1947, § 77-1317.

(a) (1) Every public grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the public grain warehouse shall permit, all grain tendered to him or her in the usual course of business. (2) However, a public grain warehouse owned and operated as a cooperative may decline to accept grain tendered by a nonmember if the cooperative reasonably believes that its available capacity will be required to serve the members of the cooperative.

(1) Every public grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the public grain warehouse shall permit, all grain tendered to him or her in the usual course of business.

(2) However, a public grain warehouse owned and operated as a cooperative may decline to accept grain tendered by a nonmember if the cooperative reasonably believes that its available capacity will be required to serve the members of the cooperative.

(b) (1) The depositor and the public grain warehouseman may agree upon a sample taken from the lot of grain to be offered for storage as being a true and representative sample. (2) The depositor and the public grain warehouseman may agree upon the grade of the grain offered for storage, and a warehouse receipt may be issued on the agreed grade.

(1) The depositor and the public grain warehouseman may agree upon a sample taken from the lot of grain to be offered for storage as being a true and representative sample.

(2) The depositor and the public grain warehouseman may agree upon the grade of the grain offered for storage, and a warehouse receipt may be issued on the agreed grade.

Acts 1979, No. 83, § 17; A.S.A. 1947, § 77-1317.
Ark. Code Ann. § 2-17-407 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-407
Designation of employee to appear
Status: in_force

The Public Grain Warehouse Commissioner may designate an employee of the commissioner to appear on behalf of the commissioner in any proceedings before the court with respect to the receivership and to exercise the functions of the commissioner as receiver, except that the commissioner shall: (1) Determine whether or not to petition for the appointment as receiver; (2) Approve the proposed plan for disposition of stored grain; (3) Approve the proposed plan for distribution of any cash proceeds; and (4) Approve the proposed final report. Acts 1983, No. 342, § 7; A.S.A. 1947, § 77-1349.

The Public Grain Warehouse Commissioner may designate an employee of the commissioner to appear on behalf of the commissioner in any proceedings before the court with respect to the receivership and to exercise the functions of the commissioner as receiver, except that the commissioner shall:

(1) Determine whether or not to petition for the appointment as receiver;

(2) Approve the proposed plan for disposition of stored grain;

(3) Approve the proposed plan for distribution of any cash proceeds; and

(4) Approve the proposed final report.

Acts 1983, No. 342, § 7; A.S.A. 1947, § 77-1349.
Ark. Code Ann. § 2-34-206 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-206
State Brand Book
Status: in_force

(a) The Arkansas Livestock and Poultry Commission shall publish the State Brand Book, which shall contain a facsimile of each brand and mark that is registered with the commission showing the name and address of the owner, together with the pertinent laws and rules pertaining to registration and reregistration of brands and marks. (b) The commission, on or before January 1, 1960, and every five (5) years thereafter, shall publish the State Brand Book showing all the brands recorded with the commission before December 1, 1959, and every five (5) years thereafter. (c) Supplements to the State Brand Book shall be published annually. Amended by Act 2017, No. 1011,§ 28, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, §§ 2, 5, 7; A.S.A. 1947, §§ 78-808, 78-811, 78-813.

(a) The Arkansas Livestock and Poultry Commission shall publish the State Brand Book, which shall contain a facsimile of each brand and mark that is registered with the commission showing the name and address of the owner, together with the pertinent laws and rules pertaining to registration and reregistration of brands and marks.

(b) The commission, on or before January 1, 1960, and every five (5) years thereafter, shall publish the State Brand Book showing all the brands recorded with the commission before December 1, 1959, and every five (5) years thereafter.

(c) Supplements to the State Brand Book shall be published annually.

Amended by Act 2017, No. 1011,§ 28, eff. 8/1/2017.

Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015.

Acts 1959, No. 179, §§ 2, 5, 7; A.S.A. 1947, §§ 78-808, 78-811, 78-813.
Ark. Code Ann. § 2-16-409 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-409
Experimental-use permits
Status: in_force

(a) Provided the State Plant Board is authorized by the Administrator of the United States Environmental Protection Agency to issue experimental-use permits, the board may: (1) Issue an experimental-use permit to any person applying for an experimental-use permit if it determines that the applicant needs that permit in order to accumulate information necessary to register a pesticide under § 2-16-407 ; (2) Refuse to issue an experimental-use permit if it determines that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment; (3) Prescribe terms, conditions, and a period of time for the experimental-use permit which shall be under the supervision of the board; and (4) Revoke any experimental-use permit at any time if it finds that the permit's terms or conditions are being violated or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment. (b) Regulations adopted under this subchapter as to experimental-use permits as authorized by the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., shall not be inconsistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and regulations promulgated thereunder. Acts 1975, No. 410, § 7; A.S.A. 1947, § 77-233.

(a) Provided the State Plant Board is authorized by the Administrator of the United States Environmental Protection Agency to issue experimental-use permits, the board may: (1) Issue an experimental-use permit to any person applying for an experimental-use permit if it determines that the applicant needs that permit in order to accumulate information necessary to register a pesticide under § 2-16-407 ; (2) Refuse to issue an experimental-use permit if it determines that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment; (3) Prescribe terms, conditions, and a period of time for the experimental-use permit which shall be under the supervision of the board; and (4) Revoke any experimental-use permit at any time if it finds that the permit's terms or conditions are being violated or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.

(1) Issue an experimental-use permit to any person applying for an experimental-use permit if it determines that the applicant needs that permit in order to accumulate information necessary to register a pesticide under § 2-16-407 ;

(2) Refuse to issue an experimental-use permit if it determines that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment;

(3) Prescribe terms, conditions, and a period of time for the experimental-use permit which shall be under the supervision of the board; and

(4) Revoke any experimental-use permit at any time if it finds that the permit's terms or conditions are being violated or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.

(b) Regulations adopted under this subchapter as to experimental-use permits as authorized by the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., shall not be inconsistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act and regulations promulgated thereunder.

Acts 1975, No. 410, § 7; A.S.A. 1947, § 77-233.
Ark. Code Ann. § 2-11-102 — AR Code / Title 2 / Chapter 11 / Section 2-11-102
Legislative intent - Construction - Purpose
Status: in_force

(a) It is the intent of this chapter to: (1) Promote rural tourism and rural economic development by encouraging owners or operators of farms, ranches, and other rural land or attractions, including historic, cultural, and natural attractions, to invite members of the public to view, observe, and participate in the operations and attractions for educational, entertainment, or recreational purposes; and (2) Encourage agritourism activities by limiting civil liability of those engaged in agritourism or providing the activities of agritourism. (b) This chapter shall be liberally construed to carry out the purposes described in subsection (a) of this section. Acts 2011, No. 1024, § 1.

(a) It is the intent of this chapter to: (1) Promote rural tourism and rural economic development by encouraging owners or operators of farms, ranches, and other rural land or attractions, including historic, cultural, and natural attractions, to invite members of the public to view, observe, and participate in the operations and attractions for educational, entertainment, or recreational purposes; and (2) Encourage agritourism activities by limiting civil liability of those engaged in agritourism or providing the activities of agritourism.

(1) Promote rural tourism and rural economic development by encouraging owners or operators of farms, ranches, and other rural land or attractions, including historic, cultural, and natural attractions, to invite members of the public to view, observe, and participate in the operations and attractions for educational, entertainment, or recreational purposes; and

(2) Encourage agritourism activities by limiting civil liability of those engaged in agritourism or providing the activities of agritourism.

(b) This chapter shall be liberally construed to carry out the purposes described in subsection (a) of this section.

Acts 2011, No. 1024, § 1.
Ark. Code Ann. § 2-23-104 — AR Code / Title 2 / Chapter 23 / Section 2-23-104
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 37, eff. 7/1/2023. Acts 1991, No. 1024, § 2; 1997, No. 250, § 5; 1999, No. 921, § 4.

Repealed by Act 2023, No. 691,§ 37, eff. 7/1/2023.

Acts 1991, No. 1024, § 2; 1997, No. 250, § 5; 1999, No. 921, § 4.
Ark. Code Ann. § 2-35-403 — AR Code / Title 2 / Chapter 35 / Subchapter 4 / Section 2-35-403
Assessment - Conduct of program
Status: in_force

(a) The assessment levied under the national beef promotion and research program in the amount of one dollar ($1.00) per head of cattle sold shall be collected, reported, and remitted to the Secretary of the Department of Finance and Administration by the persons, in the manner, and at the times prescribed by the federal Beef Promotion and Research Act of 1985 and the administrative orders and rules issued under the provisions of that act. (b) Records concerning cattle sales and the collection of assessments shall be maintained. (c) The national beef promotion and research program shall in all respects be conducted in Arkansas in conformity with federal law, orders, and regulations regarding the program so long as the national beef promotion and research program is in effect. Amended by Act 2019, No. 910,§ 3294, eff. 7/1/2019. Acts 1987, No. 3, § 2.

(a) The assessment levied under the national beef promotion and research program in the amount of one dollar ($1.00) per head of cattle sold shall be collected, reported, and remitted to the Secretary of the Department of Finance and Administration by the persons, in the manner, and at the times prescribed by the federal Beef Promotion and Research Act of 1985 and the administrative orders and rules issued under the provisions of that act.

(b) Records concerning cattle sales and the collection of assessments shall be maintained.

(c) The national beef promotion and research program shall in all respects be conducted in Arkansas in conformity with federal law, orders, and regulations regarding the program so long as the national beef promotion and research program is in effect.

Amended by Act 2019, No. 910,§ 3294, eff. 7/1/2019.

Acts 1987, No. 3, § 2.
Ark. Code Ann. § 2-35-407 — AR Code / Title 2 / Chapter 35 / Subchapter 4 / Section 2-35-407
State Beef Promotion Account
Status: in_force

There is created a State Beef Promotion Account in the Arkansas Beef Council Fund. Acts 1987, No. 3, § 4.

There is created a State Beef Promotion Account in the Arkansas Beef Council Fund.

Acts 1987, No. 3, § 4.
Ark. Code Ann. § 2-20-403 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-403
Penalties
Status: in_force

(a) (1) Any first purchaser or other person required to pay an assessment under this subchapter who fails to pay any assessment when due shall forfeit a penalty of two percent (2%) of the assessment each month beginning the day following the date the assessment was due. (2) The penalty shall be paid to the Arkansas Soybean Promotion Board or to its designee, the Secretary of the Department of Finance and Administration, and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this subchapter. (b) The board or its designee shall collect the penalty levied in this section, together with the delinquent assessment, by any and all of the following methods: (1) Voluntary payment by the person liable; (2) Legal proceedings instituted in a court of competent jurisdiction; or (3) Injunctive relief to enjoin any person owing the assessment or penalty from operating his or her business or engaging in business as a buyer or seller of soybeans until the delinquent assessment or penalty is paid. (c) (1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation. (2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500). Amended by Act 2019, No. 910,§ 3272, eff. 7/1/2019. Acts 1971, No. 259, § 4; A.S.A. 1947, § 77-2004; Acts 1991, No. 340, § 3; 2005, No. 1994, § 14.

(a) (1) Any first purchaser or other person required to pay an assessment under this subchapter who fails to pay any assessment when due shall forfeit a penalty of two percent (2%) of the assessment each month beginning the day following the date the assessment was due. (2) The penalty shall be paid to the Arkansas Soybean Promotion Board or to its designee, the Secretary of the Department of Finance and Administration, and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this subchapter.

(1) Any first purchaser or other person required to pay an assessment under this subchapter who fails to pay any assessment when due shall forfeit a penalty of two percent (2%) of the assessment each month beginning the day following the date the assessment was due.

(2) The penalty shall be paid to the Arkansas Soybean Promotion Board or to its designee, the Secretary of the Department of Finance and Administration, and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this subchapter.

(b) The board or its designee shall collect the penalty levied in this section, together with the delinquent assessment, by any and all of the following methods: (1) Voluntary payment by the person liable; (2) Legal proceedings instituted in a court of competent jurisdiction; or (3) Injunctive relief to enjoin any person owing the assessment or penalty from operating his or her business or engaging in business as a buyer or seller of soybeans until the delinquent assessment or penalty is paid.

(1) Voluntary payment by the person liable;

(2) Legal proceedings instituted in a court of competent jurisdiction; or

(3) Injunctive relief to enjoin any person owing the assessment or penalty from operating his or her business or engaging in business as a buyer or seller of soybeans until the delinquent assessment or penalty is paid.

(c) (1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation. (2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500).

(1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation.

(2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500).

Amended by Act 2019, No. 910,§ 3272, eff. 7/1/2019.

Acts 1971, No. 259, § 4; A.S.A. 1947, § 77-2004; Acts 1991, No. 340, § 3; 2005, No. 1994, § 14.
Ark. Code Ann. § 2-18-110 — AR Code / Title 2 / Chapter 18 / Section 2-18-110
Testing for aflatoxin
Status: in_force

Methods of sampling and analysis of the grain and seed described in § 2-18-109 shall meet the standards prescribed by the United States Grain Inspection, Packers and Stockyards Administration. Acts 1999, No. 1374, § 2.

Methods of sampling and analysis of the grain and seed described in § 2-18-109 shall meet the standards prescribed by the United States Grain Inspection, Packers and Stockyards Administration.

Acts 1999, No. 1374, § 2.
Ark. Code Ann. § 2-35-405 — AR Code / Title 2 / Chapter 35 / Subchapter 4 / Section 2-35-405
Disposition of funds
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall deposit into the State Treasury all funds collected by him or her under this subchapter and the federal Beef Promotion and Research Act of 1985 and the federal administrative orders and rules issued under that act. Beginning with funds collected by him or her on and after the first day of the month next following January 22, 1987, the Treasurer of State shall: (1) Credit to the National Beef Promotion Account fifty cents (50¢) of each one dollar ($1.00) per head assessment collected; (2) Deduct three percent (3%) of the remaining funds for credit to the Constitutional Officers Fund and the State Central Services Fund; and (3) Credit the remainder of these funds to the State Beef Promotion Account. (b) (1) Funds credited to the National Beef Promotion Account shall be remitted by the Arkansas Beef Council to the Cattlemen's Beef Promotion and Research Board established in the federal Beef Promotion and Research Act of 1985 in the manner prescribed in that act and in administrative orders and rules issued under that act. (2) Funds credited to the State Beef Promotion Account shall be used in such manner as the council deems appropriate for Arkansas beef promotion and research and for the operation and maintenance of the council's office and the payment of expenses of the council members in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 910,§ 3296, eff. 7/1/2019. Acts 1987, No. 3, § 4; 1997, No. 250, § 8.

(a) The Secretary of the Department of Finance and Administration shall deposit into the State Treasury all funds collected by him or her under this subchapter and the federal Beef Promotion and Research Act of 1985 and the federal administrative orders and rules issued under that act. Beginning with funds collected by him or her on and after the first day of the month next following January 22, 1987, the Treasurer of State shall: (1) Credit to the National Beef Promotion Account fifty cents (50¢) of each one dollar ($1.00) per head assessment collected; (2) Deduct three percent (3%) of the remaining funds for credit to the Constitutional Officers Fund and the State Central Services Fund; and (3) Credit the remainder of these funds to the State Beef Promotion Account.

(1) Credit to the National Beef Promotion Account fifty cents (50¢) of each one dollar ($1.00) per head assessment collected;

(2) Deduct three percent (3%) of the remaining funds for credit to the Constitutional Officers Fund and the State Central Services Fund; and

(3) Credit the remainder of these funds to the State Beef Promotion Account.

(b) (1) Funds credited to the National Beef Promotion Account shall be remitted by the Arkansas Beef Council to the Cattlemen's Beef Promotion and Research Board established in the federal Beef Promotion and Research Act of 1985 in the manner prescribed in that act and in administrative orders and rules issued under that act. (2) Funds credited to the State Beef Promotion Account shall be used in such manner as the council deems appropriate for Arkansas beef promotion and research and for the operation and maintenance of the council's office and the payment of expenses of the council members in accordance with § 25-16-901 et seq.

(1) Funds credited to the National Beef Promotion Account shall be remitted by the Arkansas Beef Council to the Cattlemen's Beef Promotion and Research Board established in the federal Beef Promotion and Research Act of 1985 in the manner prescribed in that act and in administrative orders and rules issued under that act.

(2) Funds credited to the State Beef Promotion Account shall be used in such manner as the council deems appropriate for Arkansas beef promotion and research and for the operation and maintenance of the council's office and the payment of expenses of the council members in accordance with § 25-16-901 et seq.

Amended by Act 2019, No. 910,§ 3296, eff. 7/1/2019.

Acts 1987, No. 3, § 4; 1997, No. 250, § 8.
Ark. Code Ann. § 2-6-105 — AR Code / Title 2 / Chapter 6 / Section 2-6-105
Registration and suspension - Exception
Status: in_force

(a) (1) Except as provided in subsection (e) of this section, every catfish processor in the state shall register with the Department of Agriculture. (2) Applications for registration as a catfish processor under this chapter shall be made on forms prescribed by the department. (3) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150), a certified financial statement in a form prescribed by the department, and any further information the department may by rule require. (b) The department shall promulgate such rules as necessary to secure the performance of catfish purchasing obligations. (c) Whenever, after due notice and hearing, the department finds any registrant is insolvent or has violated any provisions of this chapter, it may issue an order suspending the registrant for a reasonable specified period. The order of suspension shall take effect within five (5) days unless suspended, modified, or set aside by the department or a court of competent jurisdiction. (d) If the department finds any processor is insolvent, is issuing invalid or insufficient checks, or is causing a breach of contract with the producer by failure to pay the producer in accordance with the contract, the department shall issue an order requiring the processor to cease and desist from purchasing catfish except under such conditions as the department may prescribe to effectuate the purposes of this chapter. (e) Those processors whose average annual purchases from catfish producers do not exceed one hundred thousand dollars ($100,000) shall be exempt from the provisions of this section. Amended by Act 2023, No. 588,§ 7, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 4, eff. 7/24/2019. Acts 1987, No. 365, § 6; 1989 (3rd Ex. Sess.), No. 53, § 3; 1995, No. 190, § 1; 1995, No. 191, § 1.

(a) (1) Except as provided in subsection (e) of this section, every catfish processor in the state shall register with the Department of Agriculture. (2) Applications for registration as a catfish processor under this chapter shall be made on forms prescribed by the department. (3) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150), a certified financial statement in a form prescribed by the department, and any further information the department may by rule require.

(1) Except as provided in subsection (e) of this section, every catfish processor in the state shall register with the Department of Agriculture.

(2) Applications for registration as a catfish processor under this chapter shall be made on forms prescribed by the department.

(3) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150), a certified financial statement in a form prescribed by the department, and any further information the department may by rule require.

(b) The department shall promulgate such rules as necessary to secure the performance of catfish purchasing obligations.

(c) Whenever, after due notice and hearing, the department finds any registrant is insolvent or has violated any provisions of this chapter, it may issue an order suspending the registrant for a reasonable specified period. The order of suspension shall take effect within five (5) days unless suspended, modified, or set aside by the department or a court of competent jurisdiction.

(d) If the department finds any processor is insolvent, is issuing invalid or insufficient checks, or is causing a breach of contract with the producer by failure to pay the producer in accordance with the contract, the department shall issue an order requiring the processor to cease and desist from purchasing catfish except under such conditions as the department may prescribe to effectuate the purposes of this chapter.

(e) Those processors whose average annual purchases from catfish producers do not exceed one hundred thousand dollars ($100,000) shall be exempt from the provisions of this section.

Amended by Act 2023, No. 588,§ 7, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 4, eff. 7/24/2019.

Acts 1987, No. 365, § 6; 1989 (3rd Ex. Sess.), No. 53, § 3; 1995, No. 190, § 1; 1995, No. 191, § 1.
Ark. Code Ann. § 2-19-208 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-208
Analysis of fertilizers
Status: in_force

(a) (1) Samples of fertilizer or fertilizer materials obtained by the inspectors shall be delivered to the Department of Agriculture which shall deliver the samples to the chief department chemist who shall make or cause to be made a complete analysis thereof. (2) Analyses are to be made according to methods adopted by the AOAC International or other generally recognized methods. (b) (1) He or she shall file his or her analysis with the department, and it shall be recorded as official. (2) The official analysis of fertilizer or fertilizer materials under the seal of the department shall be deemed prima facie evidence in any court of this state on the trial of any issue involved on the merits of the fertilizer or fertilizer materials represented by the sample. (3) Three (3) copies of the official analysis shall be made: (A) One (1) shall be sent: (i) To the manufacturer; and (ii) To the purchaser; and (B) One (1) kept on file in the office of the department. Amended by Act 2021, No. 557,§ 7, eff. 7/28/2021. Acts 1951, No. 106, § 7; A.S.A. 1947, § 77-710.

(a) (1) Samples of fertilizer or fertilizer materials obtained by the inspectors shall be delivered to the Department of Agriculture which shall deliver the samples to the chief department chemist who shall make or cause to be made a complete analysis thereof. (2) Analyses are to be made according to methods adopted by the AOAC International or other generally recognized methods.

(1) Samples of fertilizer or fertilizer materials obtained by the inspectors shall be delivered to the Department of Agriculture which shall deliver the samples to the chief department chemist who shall make or cause to be made a complete analysis thereof.

(2) Analyses are to be made according to methods adopted by the AOAC International or other generally recognized methods.

(b) (1) He or she shall file his or her analysis with the department, and it shall be recorded as official. (2) The official analysis of fertilizer or fertilizer materials under the seal of the department shall be deemed prima facie evidence in any court of this state on the trial of any issue involved on the merits of the fertilizer or fertilizer materials represented by the sample. (3) Three (3) copies of the official analysis shall be made: (A) One (1) shall be sent: (i) To the manufacturer; and (ii) To the purchaser; and (B) One (1) kept on file in the office of the department.

(1) He or she shall file his or her analysis with the department, and it shall be recorded as official.

(2) The official analysis of fertilizer or fertilizer materials under the seal of the department shall be deemed prima facie evidence in any court of this state on the trial of any issue involved on the merits of the fertilizer or fertilizer materials represented by the sample.

(3) Three (3) copies of the official analysis shall be made: (A) One (1) shall be sent: (i) To the manufacturer; and (ii) To the purchaser; and (B) One (1) kept on file in the office of the department.

(A) One (1) shall be sent: (i) To the manufacturer; and (ii) To the purchaser; and

(i) To the manufacturer; and

(ii) To the purchaser; and

(B) One (1) kept on file in the office of the department.

Amended by Act 2021, No. 557,§ 7, eff. 7/28/2021.

Acts 1951, No. 106, § 7; A.S.A. 1947, § 77-710.
Ark. Code Ann. § 2-1-205 — AR Code / Title 2 / Chapter 1 / Subchapter 3 / Section 2-1-205
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 2, eff. 5/23/2016. Repealed by Act 2016EX3, No. 2,§ 2, eff. 5/23/2016. Acts 2003, No. 1760, § 1.

Repealed by Act 2016EX3, No. 3,§ 2, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 2,§ 2, eff. 5/23/2016.

Acts 2003, No. 1760, § 1.