Ark. Code Ann. § 2-33-307 — AR Code / Title 2 / Chapter 33 / Subchapter 3 / Section 2-33-307
Poultry and Egg Grading Fund
Status: in_force

(a) All funds received by the Arkansas Livestock and Poultry Commission for providing poultry and egg grading services shall be deposited into the State Treasury. Upon receipt of the funds, the Treasurer of State shall monthly credit them as special revenues to an account to be known as the "Poultry and Egg Grading Fund", to be used for salaries, expenses, equipment, maintenance, operation, and administrative expenses of the Poultry and Egg Grading Program of the commission as provided by law. (b) All funds collected by the commission from poultry and egg processors for poultry and egg grading and egg products inspection services shall be deposited into the State Treasury as special revenues and shall be credited to the Poultry and Egg Grading Fund to be used for funding the poultry and egg grading and egg products inspection program and to make payments to the United States Department of Agriculture for poultry and egg grading and poultry products inspection services performed by employees of the United States Department of Agriculture. Acts 1965, No. 49, § 3; 1975 (Extended Sess., 1976), No. 1216, § 2; A.S.A. 1947, §§ 78-318, 78-320.2; reen. Acts 1987, No. 1025, § 2.

(a) All funds received by the Arkansas Livestock and Poultry Commission for providing poultry and egg grading services shall be deposited into the State Treasury. Upon receipt of the funds, the Treasurer of State shall monthly credit them as special revenues to an account to be known as the "Poultry and Egg Grading Fund", to be used for salaries, expenses, equipment, maintenance, operation, and administrative expenses of the Poultry and Egg Grading Program of the commission as provided by law.

(b) All funds collected by the commission from poultry and egg processors for poultry and egg grading and egg products inspection services shall be deposited into the State Treasury as special revenues and shall be credited to the Poultry and Egg Grading Fund to be used for funding the poultry and egg grading and egg products inspection program and to make payments to the United States Department of Agriculture for poultry and egg grading and poultry products inspection services performed by employees of the United States Department of Agriculture.

Acts 1965, No. 49, § 3; 1975 (Extended Sess., 1976), No. 1216, § 2; A.S.A. 1947, §§ 78-318, 78-320.2; reen. Acts 1987, No. 1025, § 2.
Ark. Code Ann. § 2-5-203 — AR Code / Title 2 / Chapter 5 / Subchapter 2 / Section 2-5-203
Definition
Status: in_force

As used in this subchapter, "person" means an individual, partnership, limited liability company, corporation, association, or two (2) or more individuals having a joint or common interest. Amended by Act 2023, No. 588,§ 2, eff. 8/1/2023. Acts 2005, No. 1449, § 1.

As used in this subchapter, "person" means an individual, partnership, limited liability company, corporation, association, or two (2) or more individuals having a joint or common interest.

Amended by Act 2023, No. 588,§ 2, eff. 8/1/2023.

Acts 2005, No. 1449, § 1.
Ark. Code Ann. § 2-37-106 — AR Code / Title 2 / Chapter 37 / Section 2-37-106
Misbranding
Status: in_force

A commercial feed shall be deemed to be misbranded if: (a) Its labeling is false or misleading in any particular; (b) It is distributed under the name of another commercial feed; (c) It is not labeled as required in § 2-37-105 ; (d) It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule by the State Plant Board; (e) Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. Acts 1997, No. 726, § 6.

A commercial feed shall be deemed to be misbranded if:

(a) Its labeling is false or misleading in any particular;

(b) It is distributed under the name of another commercial feed;

(c) It is not labeled as required in § 2-37-105 ;

(d) It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule by the State Plant Board;

(e) Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

Acts 1997, No. 726, § 6.
Ark. Code Ann. § 2-40-204 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-204
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 49, eff. 8/1/2017. Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475.

Repealed by Act 2017, No. 1011,§ 49, eff. 8/1/2017.

Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475.
Ark. Code Ann. § 2-2-304 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-304
Procedure for consolidation
Status: in_force

(a) Any two (2) or more domestic associations created under § 2-2-101 et seq. may consolidate into a new association under a plan of consolidation approved in the manner provided in this subchapter. (b) The board of directors of each association by a resolution adopted by each board shall approve a plan of consolidation setting forth: (1) The names of the associations proposing to consolidate, and the name of the new association into which they propose to consolidate, which is designated as the "new association"; (2) The terms and conditions of the proposed consolidation; (3) The manner and basis of converting the shares, patronage, or other interests of each association into shares or other interests of the new association; (4) With respect to the new association, all of the statements required to be set forth in articles of incorporation for associations organized under this subchapter; (5) The time when the consolidation shall become effective; and (6) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable. Acts 1981, No. 121, § 3; A.S.A. 1947, § 77-1029.

(a) Any two (2) or more domestic associations created under § 2-2-101 et seq. may consolidate into a new association under a plan of consolidation approved in the manner provided in this subchapter.

(b) The board of directors of each association by a resolution adopted by each board shall approve a plan of consolidation setting forth: (1) The names of the associations proposing to consolidate, and the name of the new association into which they propose to consolidate, which is designated as the "new association"; (2) The terms and conditions of the proposed consolidation; (3) The manner and basis of converting the shares, patronage, or other interests of each association into shares or other interests of the new association; (4) With respect to the new association, all of the statements required to be set forth in articles of incorporation for associations organized under this subchapter; (5) The time when the consolidation shall become effective; and (6) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable.

(1) The names of the associations proposing to consolidate, and the name of the new association into which they propose to consolidate, which is designated as the "new association";

(2) The terms and conditions of the proposed consolidation;

(3) The manner and basis of converting the shares, patronage, or other interests of each association into shares or other interests of the new association;

(4) With respect to the new association, all of the statements required to be set forth in articles of incorporation for associations organized under this subchapter;

(5) The time when the consolidation shall become effective; and

(6) Such other provisions with respect to the proposed consolidation as are deemed necessary or desirable.

Acts 1981, No. 121, § 3; A.S.A. 1947, § 77-1029.
Ark. Code Ann. § 2-23-108 — AR Code / Title 2 / Chapter 23 / Section 2-23-108
Investigative powers
Status: in_force

In conducting its investigation, the Department of Agriculture may: (1) Examine the buyer on his or her use of the seed of which he or she complains and the dealer or labeler on his or her packaging, labeling, and selling operation of the seed alleged to be faulty; (2) Grow to production a representative sample of the alleged faulty seed through the facilities of the state, under the supervision of the Director of the State Plant Board, when such action is deemed by the Secretary of the Department of Agriculture to be necessary; (3) Hold informal hearings at a time and place directed by the secretary upon reasonable notice to the buyer and the dealer or labeler; and (4) Seek evaluations from authorities in allied disciplines, when deemed necessary. Amended by Act 2023, No. 691,§ 41, eff. 7/1/2023. Acts 1991, No. 1024, § 2; 1999, No. 921, § 7.

In conducting its investigation, the Department of Agriculture may:

(1) Examine the buyer on his or her use of the seed of which he or she complains and the dealer or labeler on his or her packaging, labeling, and selling operation of the seed alleged to be faulty;

(2) Grow to production a representative sample of the alleged faulty seed through the facilities of the state, under the supervision of the Director of the State Plant Board, when such action is deemed by the Secretary of the Department of Agriculture to be necessary;

(3) Hold informal hearings at a time and place directed by the secretary upon reasonable notice to the buyer and the dealer or labeler; and

(4) Seek evaluations from authorities in allied disciplines, when deemed necessary.

Amended by Act 2023, No. 691,§ 41, eff. 7/1/2023.

Acts 1991, No. 1024, § 2; 1999, No. 921, § 7.
Ark. Code Ann. § 2-16-410 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-410
Misbranded pesticides
Status: in_force

A pesticide is misbranded: (1) If its labeling bears any statement, design, or graphic representation relative to the pesticide or to its ingredients which is false or misleading in any particular; (2) If it is an imitation of or is distributed under the name of another pesticide; (3) If any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, compared with other words, statements, designs, or graphic matter in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (4) If the labeling does not contain a statement of the federal use classification under which the product is registered; (5) If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended, and the directions if complied with, together with any requirements imposed under Section 3(3) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a , are adequate to protect health and the environment; (6) If the label does not bear: (A) The name, brand, or trademark under which the pesticide is distributed; (B) An ingredient statement on that part of the immediate container and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions of purchase. The ingredient statement may appear prominently on another part of the container as permitted under Section 2(q)(2)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136(q)(2)(A) , if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase; (C) A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d) , would be adequate to protect the health and environment; (D) The net weight or measure of the content; (E) The name and address of the manufacturer, registrant, or person for whom manufactured; and (F) The United States Environmental Protection Agency registration number assigned to each establishment in which it was produced and the United States Environmental Protection Agency registration number assigned to the pesticide, if required by regulations under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; (7) If that pesticide contains any substance in quantities highly toxic to man unless the label bears, in addition to other label requirements: (A) The skull and crossbones; (B) The word "POISON" in red prominently displayed on a background of distinctly contrasting color; and (C) A statement of a practical treatment, first aid or otherwise, to be used in case of poisoning by the pesticide; (8) If the pesticide container does not bear a registered label; and (9) If a spray adjuvant label fails to state the type or function of the functioning agents. Acts 1975, No. 410, § 5; A.S.A. 1947, § 77-231.

A pesticide is misbranded:

(1) If its labeling bears any statement, design, or graphic representation relative to the pesticide or to its ingredients which is false or misleading in any particular;

(2) If it is an imitation of or is distributed under the name of another pesticide;

(3) If any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, compared with other words, statements, designs, or graphic matter in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(4) If the labeling does not contain a statement of the federal use classification under which the product is registered;

(5) If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended, and the directions if complied with, together with any requirements imposed under Section 3(3) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a , are adequate to protect health and the environment;

(6) If the label does not bear: (A) The name, brand, or trademark under which the pesticide is distributed; (B) An ingredient statement on that part of the immediate container and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions of purchase. The ingredient statement may appear prominently on another part of the container as permitted under Section 2(q)(2)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136(q)(2)(A) , if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase; (C) A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d) , would be adequate to protect the health and environment; (D) The net weight or measure of the content; (E) The name and address of the manufacturer, registrant, or person for whom manufactured; and (F) The United States Environmental Protection Agency registration number assigned to each establishment in which it was produced and the United States Environmental Protection Agency registration number assigned to the pesticide, if required by regulations under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;

(A) The name, brand, or trademark under which the pesticide is distributed;

(B) An ingredient statement on that part of the immediate container and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or displayed under customary conditions of purchase. The ingredient statement may appear prominently on another part of the container as permitted under Section 2(q)(2)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136(q)(2)(A) , if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;

(C) A warning or caution statement which may be necessary and which, if complied with together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d) , would be adequate to protect the health and environment;

(D) The net weight or measure of the content;

(E) The name and address of the manufacturer, registrant, or person for whom manufactured; and

(F) The United States Environmental Protection Agency registration number assigned to each establishment in which it was produced and the United States Environmental Protection Agency registration number assigned to the pesticide, if required by regulations under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;

(7) If that pesticide contains any substance in quantities highly toxic to man unless the label bears, in addition to other label requirements: (A) The skull and crossbones; (B) The word "POISON" in red prominently displayed on a background of distinctly contrasting color; and (C) A statement of a practical treatment, first aid or otherwise, to be used in case of poisoning by the pesticide;

(A) The skull and crossbones;

(B) The word "POISON" in red prominently displayed on a background of distinctly contrasting color; and

(C) A statement of a practical treatment, first aid or otherwise, to be used in case of poisoning by the pesticide;

(8) If the pesticide container does not bear a registered label; and

(9) If a spray adjuvant label fails to state the type or function of the functioning agents.

Acts 1975, No. 410, § 5; A.S.A. 1947, § 77-231.
Ark. Code Ann. § 2-16-415 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-415
Subpoenas
Status: in_force

The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by a registration issued under the provisions of this subchapter. Acts 1975, No. 410, § 17; A.S.A. 1947, § 77-243.

The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by a registration issued under the provisions of this subchapter.

Acts 1975, No. 410, § 17; A.S.A. 1947, § 77-243.
Ark. Code Ann. § 2-16-701 — AR Code / Title 2 / Chapter 16 / Subchapter 7 / Section 2-16-701
[Repealed]
Status: repealed

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021. Acts 1993, No. 268, §§ 1, 2; 1995, No. 112, § 1.

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021.

Acts 1993, No. 268, §§ 1, 2; 1995, No. 112, § 1.
Ark. Code Ann. § 2-7-309 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-309
Agreements
Status: in_force

If an agreement is reached between the farmer and any creditor or creditors, the agreement shall: (1) Be signed by the farmer and any such creditor or creditors; (2) Bind each to the terms of the agreement; (3) Be enforced as a legal contract between the farmer and such creditor or creditors; and (4) Constitute a mediation release. Acts 1989, No. 829, § 8.

If an agreement is reached between the farmer and any creditor or creditors, the agreement shall:

(1) Be signed by the farmer and any such creditor or creditors;

(2) Bind each to the terms of the agreement;

(3) Be enforced as a legal contract between the farmer and such creditor or creditors; and

(4) Constitute a mediation release.

Acts 1989, No. 829, § 8.
Ark. Code Ann. § 2-16-308 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-308
Infested zones - Regulation by State Plant Board - Destruction of plants, etc
Status: in_force

(a) It shall be the duty of the State Plant Board, and the board is authorized and directed, when public safety will permit, to make and promulgate rules which shall permit and govern the growing and maintenance in any zones or areas mentioned in § 2-16-307 of any plants, plant products, articles, substances, or places referred to in § 2-16-307 . (b) Whenever it shall be ascertained and determined by the board that any plants, plant products, articles, substances, or places are infested or infected or are so situated as to be subject to infestation or infection by a dangerous insect pest or plant disease, and thereby capable of spreading the infestation or infection, the board shall require the treatment, cutting, or destruction of the plants, plant products, articles, substances, or places. (c) If the owner, custodian, or occupant of the plants, plant products, articles, substances, or places referred to in this section cannot be found or shall, upon reasonable notice, fail or refuse to comply with the requirements of this subchapter, the requirements shall be carried out by the board and the expense thereof charged against the owner, custodian, or occupant. Acts 1921, No. 519, § 5; Pope's Dig., § 12361; A.S.A. 1947, § 77-121.

(a) It shall be the duty of the State Plant Board, and the board is authorized and directed, when public safety will permit, to make and promulgate rules which shall permit and govern the growing and maintenance in any zones or areas mentioned in § 2-16-307 of any plants, plant products, articles, substances, or places referred to in § 2-16-307 .

(b) Whenever it shall be ascertained and determined by the board that any plants, plant products, articles, substances, or places are infested or infected or are so situated as to be subject to infestation or infection by a dangerous insect pest or plant disease, and thereby capable of spreading the infestation or infection, the board shall require the treatment, cutting, or destruction of the plants, plant products, articles, substances, or places.

(c) If the owner, custodian, or occupant of the plants, plant products, articles, substances, or places referred to in this section cannot be found or shall, upon reasonable notice, fail or refuse to comply with the requirements of this subchapter, the requirements shall be carried out by the board and the expense thereof charged against the owner, custodian, or occupant.

Acts 1921, No. 519, § 5; Pope's Dig., § 12361; A.S.A. 1947, § 77-121.
Ark. Code Ann. § 2-6-102 — AR Code / Title 2 / Chapter 6 / Section 2-6-102
Purpose
Status: in_force

The General Assembly finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that these arrangements are contrary to the public interest. This chapter is intended to remedy this burden on and obstruction to intrastate commerce in catfish and to protect the public interest. Acts 1987, No. 365, § 3.

The General Assembly finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that these arrangements are contrary to the public interest. This chapter is intended to remedy this burden on and obstruction to intrastate commerce in catfish and to protect the public interest.

Acts 1987, No. 365, § 3.
Ark. Code Ann. § 2-39-111 — AR Code / Title 2 / Chapter 39 / Section 2-39-111
Liability for damaging fence, etc
Status: in_force

A person who willfully cuts or otherwise damages the fence, gate, or gate lock of another shall be liable for triple damage plus attorney's fees and other costs. Acts 1985, No. 906, § 1; A.S.A. 1947, § 78-1329.1.

A person who willfully cuts or otherwise damages the fence, gate, or gate lock of another shall be liable for triple damage plus attorney's fees and other costs.

Acts 1985, No. 906, § 1; A.S.A. 1947, § 78-1329.1.
Ark. Code Ann. § 2-34-209 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-209
Brands reserved to state
Status: repealed

(a) There is reserved to the state the brands of "B", "S", and "T" on the left jaw of any cattle, and it is unlawful for a person to use the brands of "B", "S", and "T". (b) Cattle carrying these brands shall be: (1) Claimed as reactors to: (A) Brucellosis abortus, known as Bang's disease; or (B) Tuberculosis, known as T.B.; or (2) Designated for slaughter. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, § 10; A.S.A. 1947, § 78-816.

(a) There is reserved to the state the brands of "B", "S", and "T" on the left jaw of any cattle, and it is unlawful for a person to use the brands of "B", "S", and "T".

(b) Cattle carrying these brands shall be: (1) Claimed as reactors to: (A) Brucellosis abortus, known as Bang's disease; or (B) Tuberculosis, known as T.B.; or (2) Designated for slaughter.

(1) Claimed as reactors to: (A) Brucellosis abortus, known as Bang's disease; or (B) Tuberculosis, known as T.B.; or

(A) Brucellosis abortus, known as Bang's disease; or

(B) Tuberculosis, known as T.B.; or

(2) Designated for slaughter.

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

Acts 1959, No. 179, § 10; A.S.A. 1947, § 78-816.
Ark. Code Ann. § 2-22-111 — AR Code / Title 2 / Chapter 22 / Section 2-22-111
Transporting of bees
Status: in_force

(a) (1) All bees in used hives or other apiary equipment which may be brought into the state from other states or other countries must be accompanied by a certificate of health issued by the official inspector of the state or country where they had been located. (2) The transportation of bees in used hives or other apiary equipment into this state without a certificate of health by any person or by common carriers is expressly prohibited. (b) The certificate of health shall certify to the apparent freedom from foulbrood or any other contagious or infectious bee disease and shall be based on actual inspection of bees and material within ninety (90) days of the date of shipment. (c) (1) A person transporting bees within the state to a location not previously approved shall notify the State Plant Board of the action at least twenty (20) days before the move. (2) (A) Under emergency conditions such as fires, crop dusting, and natural disasters, the bees may be moved without prior notice if the board is notified within five (5) days of the move and informed of the circumstances necessitating the emergency move. (B) No notification shall be required for the movement of disease-free bees between previously registered locations. Acts 1977, No. 161, § 5; 1979, No. 149, § 3; A.S.A. 1947, § 78-1729.

(a) (1) All bees in used hives or other apiary equipment which may be brought into the state from other states or other countries must be accompanied by a certificate of health issued by the official inspector of the state or country where they had been located. (2) The transportation of bees in used hives or other apiary equipment into this state without a certificate of health by any person or by common carriers is expressly prohibited.

(1) All bees in used hives or other apiary equipment which may be brought into the state from other states or other countries must be accompanied by a certificate of health issued by the official inspector of the state or country where they had been located.

(2) The transportation of bees in used hives or other apiary equipment into this state without a certificate of health by any person or by common carriers is expressly prohibited.

(b) The certificate of health shall certify to the apparent freedom from foulbrood or any other contagious or infectious bee disease and shall be based on actual inspection of bees and material within ninety (90) days of the date of shipment.

(c) (1) A person transporting bees within the state to a location not previously approved shall notify the State Plant Board of the action at least twenty (20) days before the move. (2) (A) Under emergency conditions such as fires, crop dusting, and natural disasters, the bees may be moved without prior notice if the board is notified within five (5) days of the move and informed of the circumstances necessitating the emergency move. (B) No notification shall be required for the movement of disease-free bees between previously registered locations.

(1) A person transporting bees within the state to a location not previously approved shall notify the State Plant Board of the action at least twenty (20) days before the move.

(2) (A) Under emergency conditions such as fires, crop dusting, and natural disasters, the bees may be moved without prior notice if the board is notified within five (5) days of the move and informed of the circumstances necessitating the emergency move. (B) No notification shall be required for the movement of disease-free bees between previously registered locations.

(A) Under emergency conditions such as fires, crop dusting, and natural disasters, the bees may be moved without prior notice if the board is notified within five (5) days of the move and informed of the circumstances necessitating the emergency move.

(B) No notification shall be required for the movement of disease-free bees between previously registered locations.

Acts 1977, No. 161, § 5; 1979, No. 149, § 3; A.S.A. 1947, § 78-1729.
Ark. Code Ann. § 2-36-208 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-208
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 22, eff. 7/24/2019. Acts 1973, No. 317, § 2; A.S.A. 1947, § 78-1611.

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

Amended by Act 2019, No. 315,§ 22, eff. 7/24/2019.

Acts 1973, No. 317, § 2; A.S.A. 1947, § 78-1611.
Ark. Code Ann. § 2-25-102 — AR Code / Title 2 / Chapter 25 / Section 2-25-102
Definitions
Status: in_force

As used in this chapter: (1) "Grain" means corn, soybeans, and wheat; (2) "Grain dealer" means a person or entity that receives grain from a grain producer and sells or distributes grain commercially; (3) "Official grading agency" means an agency or laboratory authorized by the United States Agricultural Marketing Service to provide official inspection and weighing services on behalf of the United States Agricultural Marketing Service; and (4) "Producer" means a farmer who grows grain and delivers grain to a grain dealer. Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.

As used in this chapter:

(1) "Grain" means corn, soybeans, and wheat;

(2) "Grain dealer" means a person or entity that receives grain from a grain producer and sells or distributes grain commercially;

(3) "Official grading agency" means an agency or laboratory authorized by the United States Agricultural Marketing Service to provide official inspection and weighing services on behalf of the United States Agricultural Marketing Service; and

(4) "Producer" means a farmer who grows grain and delivers grain to a grain dealer.

Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-24-102 — AR Code / Title 2 / Chapter 24 / Section 2-24-102
Definitions
Status: in_force

As used in this chapter: (1) (A) "Dealer" means a person that operates as a grain buyer. (B) "Dealer" does not include a person licensed under the following: (i) The United States Warehouse Act, 7 U.S.C. § 241 et seq.; or (ii) The Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.; (2) "End user" means a person that: (A) Is the ultimate user of the grain; or (B) Offers the grain for sale to the general public as a retail sale; (3) "Facility" means one (1) or more locations in the state that are operated by a grain dealer; (4) "Grain" means corn, wheat, oats, barley, rye, rice, sorghum, soybeans, oil seeds, and other agricultural commodities approved by the State Plant Board; and (5) "Person" means an individual, partnership, corporation, association, or other legal form of business. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

As used in this chapter:

(1) (A) "Dealer" means a person that operates as a grain buyer. (B) "Dealer" does not include a person licensed under the following: (i) The United States Warehouse Act, 7 U.S.C. § 241 et seq.; or (ii) The Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.;

(A) "Dealer" means a person that operates as a grain buyer.

(B) "Dealer" does not include a person licensed under the following: (i) The United States Warehouse Act, 7 U.S.C. § 241 et seq.; or (ii) The Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.;

(i) The United States Warehouse Act, 7 U.S.C. § 241 et seq.; or

(ii) The Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.;

(2) "End user" means a person that: (A) Is the ultimate user of the grain; or (B) Offers the grain for sale to the general public as a retail sale;

(A) Is the ultimate user of the grain; or

(B) Offers the grain for sale to the general public as a retail sale;

(3) "Facility" means one (1) or more locations in the state that are operated by a grain dealer;

(4) "Grain" means corn, wheat, oats, barley, rye, rice, sorghum, soybeans, oil seeds, and other agricultural commodities approved by the State Plant Board; and

(5) "Person" means an individual, partnership, corporation, association, or other legal form of business.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-23-110 — AR Code / Title 2 / Chapter 23 / Section 2-23-110
Notice
Status: in_force

The consumer and seedsman shall give written notice to the Department of Agriculture of the acceptance or rejection of the department's recommended terms of settlement within thirty (30) days from the date such recommended terms of settlement are issued by the department. Amended by Act 2023, No. 691,§ 43, eff. 7/1/2023. Acts 1991, No. 1024, § 2.

The consumer and seedsman shall give written notice to the Department of Agriculture of the acceptance or rejection of the department's recommended terms of settlement within thirty (30) days from the date such recommended terms of settlement are issued by the department.

Amended by Act 2023, No. 691,§ 43, eff. 7/1/2023.

Acts 1991, No. 1024, § 2.
Ark. Code Ann. § 2-37-102 — AR Code / Title 2 / Chapter 37 / Section 2-37-102
Enforcing agency
Status: in_force

This chapter shall be administered by the State Plant Board. Acts 1997, No. 726, § 2.

This chapter shall be administered by the State Plant Board.

Acts 1997, No. 726, § 2.
Ark. Code Ann. § 2-16-511 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-511
Abolition of district
Status: in_force

(a) Any district established under the provisions of this subchapter may be abolished upon a majority vote of the landowners of the district at a special election called for that purpose. (b) The question of abolishing a district shall be submitted to the landowners of the district in the same manner as is provided in § 2-16-502 . Acts 1967, No. 186, § 11; 1975, No. 287, § 11; A.S.A. 1947, § 77-1711.

(a) Any district established under the provisions of this subchapter may be abolished upon a majority vote of the landowners of the district at a special election called for that purpose.

(b) The question of abolishing a district shall be submitted to the landowners of the district in the same manner as is provided in § 2-16-502 .

Acts 1967, No. 186, § 11; 1975, No. 287, § 11; A.S.A. 1947, § 77-1711.
Ark. Code Ann. § 2-38-121 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-121
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, §§ 26-28; Acts 1845, § 1, p. 100; 1897, No. 40, § 1, p. 52; C. & M. Dig., §§ 297-300; Pope's Dig., §§ 311-314; A.S.A. 1947, §§ 78-1131 -- 78-1134.

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

Rev. Stat., ch. 58, §§ 26-28; Acts 1845, § 1, p. 100; 1897, No. 40, § 1, p. 52; C. & M. Dig., §§ 297-300; Pope's Dig., §§ 311-314; A.S.A. 1947, §§ 78-1131 -- 78-1134.
Ark. Code Ann. § 2-10-205 — AR Code / Title 2 / Chapter 10 / Subchapter 2 / Section 2-10-205
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 18, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 16, eff. 7/1/2019. Acts 2009, No. 968, § 1.

Repealed by Act 2023, No. 691,§ 18, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 16, eff. 7/1/2019.

Acts 2009, No. 968, § 1.
Ark. Code Ann. § 2-20-206 — AR Code / Title 2 / Chapter 20 / Subchapter 2 / Section 2-20-206
Failure to keep gin record
Status: in_force

Any person or corporation owning or operating any gin within the State of Arkansas who shall fail to make and keep the record required in § 2-20-205 or who shall refuse or fail to permit its inspection by any of the officers mentioned in § 2-20-205 shall be deemed guilty of a misdemeanor. Upon conviction, an offender shall be fined in any sum not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000). Acts 1937, No. 318, § 2; Pope's Dig., § 3065; A.S.A. 1947, § 77-806.

Any person or corporation owning or operating any gin within the State of Arkansas who shall fail to make and keep the record required in § 2-20-205 or who shall refuse or fail to permit its inspection by any of the officers mentioned in § 2-20-205 shall be deemed guilty of a misdemeanor. Upon conviction, an offender shall be fined in any sum not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000).

Acts 1937, No. 318, § 2; Pope's Dig., § 3065; A.S.A. 1947, § 77-806.
Ark. Code Ann. § 2-38-101 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-101
Impounding livestock - Definition
Status: in_force

(a) As used in this chapter, "livestock" means cattle, bison, horses, sheep, goats, asses, mules, and swine. (b) Every resident in any county in this state, on finding any livestock running at large, the owner of which is not known, may impound the livestock by taking it into his or her custody. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 378,§ 7, eff. 7/24/2019. Rev. Stat., ch. 58, § 1; C. & M. Dig., § 268; Pope's Dig., § 282; A.S.A. 1947, § 78-1101.

(a) As used in this chapter, "livestock" means cattle, bison, horses, sheep, goats, asses, mules, and swine.

(b) Every resident in any county in this state, on finding any livestock running at large, the owner of which is not known, may impound the livestock by taking it into his or her custody.

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

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

Rev. Stat., ch. 58, § 1; C. & M. Dig., § 268; Pope's Dig., § 282; A.S.A. 1947, § 78-1101.
Ark. Code Ann. § 2-17-232 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-232
Grain inspector
Status: in_force

During all regular business hours, each public grain warehouse shall employ a grain inspector, who may be the public grain warehouseman himself or herself if the public grain warehouseman is a natural person. He or she shall inspect and weigh all grain received by the warehouse and shall be responsible for the accuracy of weights noted on all warehouse receipts. Acts 1979, No. 83, § 18; A.S.A. 1947, § 77-1318.

During all regular business hours, each public grain warehouse shall employ a grain inspector, who may be the public grain warehouseman himself or herself if the public grain warehouseman is a natural person. He or she shall inspect and weigh all grain received by the warehouse and shall be responsible for the accuracy of weights noted on all warehouse receipts.

Acts 1979, No. 83, § 18; A.S.A. 1947, § 77-1318.
Ark. Code Ann. § 2-32-505 — AR Code / Title 2 / Chapter 32 / Subchapter 5 / Section 2-32-505
Disposition of fees and penalties
Status: in_force

(a) Fees paid and penalties collected under this subtitle shall be deposited into the State Treasury as special revenues credited to the Livestock and Poultry Commission Disease and Pest Control Fund. (b) Fees or penalties collected under this subtitle shall be cash funds when received by the Treasurer of State and shall not be deposited into or deemed a part of the State Treasury for the purpose of: (1) Arkansas Constitution, Article 5, § 29; (2) Arkansas Constitution, Article 16, § 12; (3) Arkansas Constitution, Amendment 20; or (4) Any other constitutional or statutory provision. Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.

(a) Fees paid and penalties collected under this subtitle shall be deposited into the State Treasury as special revenues credited to the Livestock and Poultry Commission Disease and Pest Control Fund.

(b) Fees or penalties collected under this subtitle shall be cash funds when received by the Treasurer of State and shall not be deposited into or deemed a part of the State Treasury for the purpose of: (1) Arkansas Constitution, Article 5, § 29; (2) Arkansas Constitution, Article 16, § 12; (3) Arkansas Constitution, Amendment 20; or (4) Any other constitutional or statutory provision.

(1) Arkansas Constitution, Article 5, § 29;

(2) Arkansas Constitution, Article 16, § 12;

(3) Arkansas Constitution, Amendment 20; or

(4) Any other constitutional or statutory provision.

Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.
Ark. Code Ann. § 2-16-413 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-413
Issuance of stop-sale, etc., order
Status: in_force

(a) When the State Plant Board has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this subchapter, or of any of the rules prescribed under the authority of this subchapter, it may issue and serve a written stop-sale, use, or removal order upon the owner or custodian of the pesticide or device. (b) If the owner or custodian is not available for service of the order upon him or her, the board may attach the order or other suitable marking to the pesticide or device and notify the owner or custodian and the registrant. (c) The pesticide or device shall not be sold, used, or removed until the provisions of this subchapter have been complied with and until the pesticide or device has been released in writing under conditions specified by the board or the violation has been otherwise disposed of as provided in this subchapter by a court of competent jurisdiction. Acts 1975, No. 410, § 13; A.S.A. 1947, § 77-239.

(a) When the State Plant Board has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this subchapter, or of any of the rules prescribed under the authority of this subchapter, it may issue and serve a written stop-sale, use, or removal order upon the owner or custodian of the pesticide or device.

(b) If the owner or custodian is not available for service of the order upon him or her, the board may attach the order or other suitable marking to the pesticide or device and notify the owner or custodian and the registrant.

(c) The pesticide or device shall not be sold, used, or removed until the provisions of this subchapter have been complied with and until the pesticide or device has been released in writing under conditions specified by the board or the violation has been otherwise disposed of as provided in this subchapter by a court of competent jurisdiction.

Acts 1975, No. 410, § 13; A.S.A. 1947, § 77-239.
Ark. Code Ann. § 2-20-117 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-117
Rule of agency
Status: in_force

In construing and enforcing the provisions of this subchapter, the act, omission, or failure of any official, agent, or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall also be deemed in every case the act, omission, or failure of such person, association, partnership, or corporation as well as that of the official, agent, or person. Acts 1925, No. 218, § 17; Pope's Dig., § 12399; A.S.A. 1947, § 77-516.

In construing and enforcing the provisions of this subchapter, the act, omission, or failure of any official, agent, or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall also be deemed in every case the act, omission, or failure of such person, association, partnership, or corporation as well as that of the official, agent, or person.

Acts 1925, No. 218, § 17; Pope's Dig., § 12399; A.S.A. 1947, § 77-516.
Ark. Code Ann. § 2-37-111 — AR Code / Title 2 / Chapter 37 / Section 2-37-111
Inspection, sampling, and analysis
Status: in_force

(a) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees designated by the State Plant Board, upon presenting appropriate credentials, and notice to the owner, operator, or agent in charge, are authorized: (1) To enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling herein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice rules established under § 2-37-107(15) . (b) Notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection the person in charge of the facility or vehicle shall be so notified. (c) If the owner of any factory, warehouse, or establishment described in subsection (a), or his or her agent refuses to admit the board or its agent to inspect in accordance with subsections (a) and (b), the board is authorized to obtain from any state court a warrant directing such owner or his or her agent to submit premises described in such warrant to inspection. (d) For the enforcement of this chapter, the board or its designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds. (e) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods. (f) The results of all analyses of official samples shall be forwarded by the board to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty (30) days following the receipt of the analysis the board shall furnish to the registrant or licensee a portion of the sample concerned. (g) The board, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in § 2-37-103(o) and obtained and analyzed as provided for in subsections (d) and (e) of this section. Acts 1997, No. 726, § 11.

(a) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees designated by the State Plant Board, upon presenting appropriate credentials, and notice to the owner, operator, or agent in charge, are authorized: (1) To enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling herein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice rules established under § 2-37-107(15) .

(1) To enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and

(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling herein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice rules established under § 2-37-107(15) .

(b) Notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection the person in charge of the facility or vehicle shall be so notified.

(c) If the owner of any factory, warehouse, or establishment described in subsection (a), or his or her agent refuses to admit the board or its agent to inspect in accordance with subsections (a) and (b), the board is authorized to obtain from any state court a warrant directing such owner or his or her agent to submit premises described in such warrant to inspection.

(d) For the enforcement of this chapter, the board or its designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.

(e) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods.

(f) The results of all analyses of official samples shall be forwarded by the board to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded and upon request within thirty (30) days following the receipt of the analysis the board shall furnish to the registrant or licensee a portion of the sample concerned.

(g) The board, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in § 2-37-103(o) and obtained and analyzed as provided for in subsections (d) and (e) of this section.

Acts 1997, No. 726, § 11.
Ark. Code Ann. § 2-40-302 — AR Code / Title 2 / Chapter 40 / Subchapter 3 / Section 2-40-302
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 53, eff. 8/1/2017. Acts 1917, No. 173, §§ 1-3, p. 947; C. & M. Dig., §§ 365-367; Acts 1925, No. 224, § 3; Pope's Dig., §§ 390-392; A.S.A. 1947, §§ 78-415 -- 78-417.

Repealed by Act 2017, No. 1011,§ 53, eff. 8/1/2017.

Acts 1917, No. 173, §§ 1-3, p. 947; C. & M. Dig., §§ 365-367; Acts 1925, No. 224, § 3; Pope's Dig., §§ 390-392; A.S.A. 1947, §§ 78-415 -- 78-417.
Ark. Code Ann. § 2-2-426 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-426
Arrangements not in restraint of trade
Status: in_force

No association organized under this subchapter shall be deemed to be a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or fix prices arbitrarily. The marketing contracts or agreements between the association and its members or any agreements authorized in this subchapter are not illegal or in restraint of trade. Acts 1921, No. 116, § 25; Pope's Dig., § 2310; A.S.A. 1947, § 77-925.

No association organized under this subchapter shall be deemed to be a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or fix prices arbitrarily. The marketing contracts or agreements between the association and its members or any agreements authorized in this subchapter are not illegal or in restraint of trade.

Acts 1921, No. 116, § 25; Pope's Dig., § 2310; A.S.A. 1947, § 77-925.
Ark. Code Ann. § 2-35-211 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-211
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 11; Pope's Dig., § 3238; A.S.A. 1947, § 78-911.

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

Acts 1937, No. 206, § 11; Pope's Dig., § 3238; A.S.A. 1947, § 78-911.
Ark. Code Ann. § 2-11-106 — AR Code / Title 2 / Chapter 11 / Section 2-11-106
Limitation of liability
Status: in_force

(a) An agritourism activity operator or participant is not liable for damages arising from the personal injury or death of a participant if: (1) The injury or death results from an inherent risk; and (2) The warning contained in § 2-11-107 is posted. (b) The limitation of liability provided by this section is in addition to any other limitation of liability provided by law. Amended by Act 2013, No. 1122,§ 1, eff. 8/16/2013. Acts 2011, No. 1024, § 1.

(a) An agritourism activity operator or participant is not liable for damages arising from the personal injury or death of a participant if: (1) The injury or death results from an inherent risk; and (2) The warning contained in § 2-11-107 is posted.

(1) The injury or death results from an inherent risk; and

(2) The warning contained in § 2-11-107 is posted.

(b) The limitation of liability provided by this section is in addition to any other limitation of liability provided by law.

Amended by Act 2013, No. 1122,§ 1, eff. 8/16/2013.

Acts 2011, No. 1024, § 1.
Ark. Code Ann. § 2-19-410 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-410
Inspection fee and sales reports
Status: in_force

(a) (1) The registrant shall pay to the State Plant Board an inspection fee of thirty-seven and one-half cents (37.5¢) per ton on all products registered and sold in this state. (2) Each registrant shall keep adequate records of sales and shall file with the board, on a monthly basis, a signed report of the tonnage distributed by county during the preceding month. (3) The report and payment of the inspection fee shall be due on or before the twentieth day of the month. (4) The board, after a public hearing, may change the inspection fee schedule. (b) (1) If the report is not filed, or the report is false in any respect or the inspection fee is not paid within the thirty-day period, the board may revoke the registration. (2) A penalty of one dollar ($1.00) per day is assessed for each day the payment is overdue until paid. (3) The inspection fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant which may be collected by the board in any court of competent jurisdiction without prior demand. Acts 1977, No. 377, § 6; A.S.A. 1947, § 77-2106.

(a) (1) The registrant shall pay to the State Plant Board an inspection fee of thirty-seven and one-half cents (37.5¢) per ton on all products registered and sold in this state. (2) Each registrant shall keep adequate records of sales and shall file with the board, on a monthly basis, a signed report of the tonnage distributed by county during the preceding month. (3) The report and payment of the inspection fee shall be due on or before the twentieth day of the month. (4) The board, after a public hearing, may change the inspection fee schedule.

(1) The registrant shall pay to the State Plant Board an inspection fee of thirty-seven and one-half cents (37.5¢) per ton on all products registered and sold in this state.

(2) Each registrant shall keep adequate records of sales and shall file with the board, on a monthly basis, a signed report of the tonnage distributed by county during the preceding month.

(3) The report and payment of the inspection fee shall be due on or before the twentieth day of the month.

(4) The board, after a public hearing, may change the inspection fee schedule.

(b) (1) If the report is not filed, or the report is false in any respect or the inspection fee is not paid within the thirty-day period, the board may revoke the registration. (2) A penalty of one dollar ($1.00) per day is assessed for each day the payment is overdue until paid. (3) The inspection fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant which may be collected by the board in any court of competent jurisdiction without prior demand.

(1) If the report is not filed, or the report is false in any respect or the inspection fee is not paid within the thirty-day period, the board may revoke the registration.

(2) A penalty of one dollar ($1.00) per day is assessed for each day the payment is overdue until paid.

(3) The inspection fee and the penalty shall constitute a debt and become the basis for a judgment against the registrant which may be collected by the board in any court of competent jurisdiction without prior demand.

Acts 1977, No. 377, § 6; A.S.A. 1947, § 77-2106.
Ark. Code Ann. § 2-16-105 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-105
Fire Ant Poison Cost Sharing Program
Status: in_force

(a) (1) There is hereby established a program to be known as the "Fire Ant Poison Cost Sharing Program". (2) This program shall be administered by the State Plant Board; which shall have the authority to establish the necessary rules and procedures for the administration of the program. (b) (1) The board shall purchase the necessary chemicals for the eradication of fire ants and distribute such chemicals to the various counties of the state based upon the requests received from eligible purchasers in the county. (2) The chemicals made available by the board shall become the responsibility of the county judge who shall oversee the safe storage and distribution of such chemicals under the direction of the University of Arkansas Cooperative Extension Service. (c) (1) It shall be the duty of the University of Arkansas Cooperative Extension Service to collect moneys received from the distribution and sale of such fire ant poison chemicals as determined by the board, and remit such moneys to the board on a monthly basis. (2) The moneys generated from the sale of fire ant poison chemicals and received by the board from the University of Arkansas Cooperative Extension Service shall be deposited into the State Treasury to the credit of the Plant Board Fund as a nonrevenue receipt refund to expenditure, there to be used by the board to purchase additional fire ant poison chemicals for distribution to the various counties of the state for fire ant control. Acts 1993, No. 1262, § 2.

(a) (1) There is hereby established a program to be known as the "Fire Ant Poison Cost Sharing Program". (2) This program shall be administered by the State Plant Board; which shall have the authority to establish the necessary rules and procedures for the administration of the program.

(1) There is hereby established a program to be known as the "Fire Ant Poison Cost Sharing Program".

(2) This program shall be administered by the State Plant Board; which shall have the authority to establish the necessary rules and procedures for the administration of the program.

(b) (1) The board shall purchase the necessary chemicals for the eradication of fire ants and distribute such chemicals to the various counties of the state based upon the requests received from eligible purchasers in the county. (2) The chemicals made available by the board shall become the responsibility of the county judge who shall oversee the safe storage and distribution of such chemicals under the direction of the University of Arkansas Cooperative Extension Service.

(1) The board shall purchase the necessary chemicals for the eradication of fire ants and distribute such chemicals to the various counties of the state based upon the requests received from eligible purchasers in the county.

(2) The chemicals made available by the board shall become the responsibility of the county judge who shall oversee the safe storage and distribution of such chemicals under the direction of the University of Arkansas Cooperative Extension Service.

(c) (1) It shall be the duty of the University of Arkansas Cooperative Extension Service to collect moneys received from the distribution and sale of such fire ant poison chemicals as determined by the board, and remit such moneys to the board on a monthly basis. (2) The moneys generated from the sale of fire ant poison chemicals and received by the board from the University of Arkansas Cooperative Extension Service shall be deposited into the State Treasury to the credit of the Plant Board Fund as a nonrevenue receipt refund to expenditure, there to be used by the board to purchase additional fire ant poison chemicals for distribution to the various counties of the state for fire ant control.

(1) It shall be the duty of the University of Arkansas Cooperative Extension Service to collect moneys received from the distribution and sale of such fire ant poison chemicals as determined by the board, and remit such moneys to the board on a monthly basis.

(2) The moneys generated from the sale of fire ant poison chemicals and received by the board from the University of Arkansas Cooperative Extension Service shall be deposited into the State Treasury to the credit of the Plant Board Fund as a nonrevenue receipt refund to expenditure, there to be used by the board to purchase additional fire ant poison chemicals for distribution to the various counties of the state for fire ant control.

Acts 1993, No. 1262, § 2.
Ark. Code Ann. § 2-15-506 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-506
Federal laws regarding industrial hemp
Status: in_force

If any part of this subchapter conflicts with a provision of federal law relating to industrial hemp, the federal provision shall control to the extent of the conflict. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

If any part of this subchapter conflicts with a provision of federal law relating to industrial hemp, the federal provision shall control to the extent of the conflict.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-36-211 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-211
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1975, No. 545, §§ 1, 2; A.S.A. 1947, §§ 78-1610.1, 78-1610.2.

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

Acts 1975, No. 545, §§ 1, 2; A.S.A. 1947, §§ 78-1610.1, 78-1610.2.
Ark. Code Ann. § 2-19-302 — AR Code / Title 2 / Chapter 19 / Subchapter 3 / Section 2-19-302
Penalty
Status: in_force

Any person who shall violate any provision of this subchapter or any rule adopted under this subchapter shall upon conviction be guilty of a violation and fined not less than one hundred dollars ($100) for the first offense and not less than three hundred dollars ($300) for every subsequent offense. Amended by Act 2019, No. 315,§ 15, eff. 7/24/2019. Acts 1969, No. 353, § 8; A.S.A. 1947, § 77-1908; Acts 2005, No. 1994, § 12.

Any person who shall violate any provision of this subchapter or any rule adopted under this subchapter shall upon conviction be guilty of a violation and fined not less than one hundred dollars ($100) for the first offense and not less than three hundred dollars ($300) for every subsequent offense.

Amended by Act 2019, No. 315,§ 15, eff. 7/24/2019.

Acts 1969, No. 353, § 8; A.S.A. 1947, § 77-1908; Acts 2005, No. 1994, § 12.
Ark. Code Ann. § 2-17-402 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-402
Filing of petition
Status: in_force

(a) (1) Following summary suspension of a license under § 2-17-215 or following a suspension or revocation of a license as otherwise provided in § 2-17-201 et seq., the Public Grain Warehouse Commissioner in his or her discretion may file a verified petition in the proper court requesting that the commissioner be appointed as a receiver to take custody of grain stored in the licensee's warehouse and to provide for the disposition of those assets in the manner provided in this subchapter and under the supervision of the court. (2) The petition shall be filed in the county in which the warehouse is located. (3) The proper court shall appoint the commissioner as receiver. (b) Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of depositors, until a plan of disposition is approved. Acts 1983, No. 342, § 2; A.S.A. 1947, § 77-1344.

(a) (1) Following summary suspension of a license under § 2-17-215 or following a suspension or revocation of a license as otherwise provided in § 2-17-201 et seq., the Public Grain Warehouse Commissioner in his or her discretion may file a verified petition in the proper court requesting that the commissioner be appointed as a receiver to take custody of grain stored in the licensee's warehouse and to provide for the disposition of those assets in the manner provided in this subchapter and under the supervision of the court. (2) The petition shall be filed in the county in which the warehouse is located. (3) The proper court shall appoint the commissioner as receiver.

(1) Following summary suspension of a license under § 2-17-215 or following a suspension or revocation of a license as otherwise provided in § 2-17-201 et seq., the Public Grain Warehouse Commissioner in his or her discretion may file a verified petition in the proper court requesting that the commissioner be appointed as a receiver to take custody of grain stored in the licensee's warehouse and to provide for the disposition of those assets in the manner provided in this subchapter and under the supervision of the court.

(2) The petition shall be filed in the county in which the warehouse is located.

(3) The proper court shall appoint the commissioner as receiver.

(b) Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of depositors, until a plan of disposition is approved.

Acts 1983, No. 342, § 2; A.S.A. 1947, § 77-1344.
Ark. Code Ann. § 2-33-111 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-111
Livestock and poultry diagnostic services
Status: in_force

(a) The Arkansas Livestock and Poultry Commission may promulgate rules concerning services performed by the Arkansas Veterinary Diagnostic Laboratory. (b) (1) A fee structure may be designed and maintained by the commission for the purpose of defraying the cost of diagnostic services. (2) (A) The fees collected shall be deposited into the State Treasury as special revenues and shall be credited to the Livestock and Poultry Special Revenue Fund. (B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of moneys which will remain at the end of the fiscal year into the account from fees collected under this section and shall allow the moneys to be carried forward and made available for the same purposes in the next succeeding fiscal year. (c) (1) All materials, data, and information received by the laboratory are confidential and are not subject to examination or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) An employee shall not knowingly disclose any materials, data, or information concerning submissions to the laboratory without the consent of the parties involved. (d) (1) The laboratory shall be administered by the Department of Agriculture. (2) (A) The department may by rule assign additional laboratory duties and functions to the laboratory. (B) Additional laboratory duties and functions assigned under subdivision (d)(2)(A) of this section shall be funded by the department and not by the special revenues established in subsection (b) of this section. Amended by Act 2023, No. 593,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 28, eff. 7/1/2019. Amended by Act 2017, No. 1011,§ 10, eff. 8/1/2017. Acts 1983, No. 366, § 17; A.S.A. 1947, § 78-331.1; Acts 1995, No. 236, § 25.

(a) The Arkansas Livestock and Poultry Commission may promulgate rules concerning services performed by the Arkansas Veterinary Diagnostic Laboratory.

(b) (1) A fee structure may be designed and maintained by the commission for the purpose of defraying the cost of diagnostic services. (2) (A) The fees collected shall be deposited into the State Treasury as special revenues and shall be credited to the Livestock and Poultry Special Revenue Fund. (B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of moneys which will remain at the end of the fiscal year into the account from fees collected under this section and shall allow the moneys to be carried forward and made available for the same purposes in the next succeeding fiscal year.

(1) A fee structure may be designed and maintained by the commission for the purpose of defraying the cost of diagnostic services.

(2) (A) The fees collected shall be deposited into the State Treasury as special revenues and shall be credited to the Livestock and Poultry Special Revenue Fund. (B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of moneys which will remain at the end of the fiscal year into the account from fees collected under this section and shall allow the moneys to be carried forward and made available for the same purposes in the next succeeding fiscal year.

(A) The fees collected shall be deposited into the State Treasury as special revenues and shall be credited to the Livestock and Poultry Special Revenue Fund.

(B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of moneys which will remain at the end of the fiscal year into the account from fees collected under this section and shall allow the moneys to be carried forward and made available for the same purposes in the next succeeding fiscal year.

(c) (1) All materials, data, and information received by the laboratory are confidential and are not subject to examination or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) An employee shall not knowingly disclose any materials, data, or information concerning submissions to the laboratory without the consent of the parties involved.

(1) All materials, data, and information received by the laboratory are confidential and are not subject to examination or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) An employee shall not knowingly disclose any materials, data, or information concerning submissions to the laboratory without the consent of the parties involved.

(d) (1) The laboratory shall be administered by the Department of Agriculture. (2) (A) The department may by rule assign additional laboratory duties and functions to the laboratory. (B) Additional laboratory duties and functions assigned under subdivision (d)(2)(A) of this section shall be funded by the department and not by the special revenues established in subsection (b) of this section.

(1) The laboratory shall be administered by the Department of Agriculture.

(2) (A) The department may by rule assign additional laboratory duties and functions to the laboratory. (B) Additional laboratory duties and functions assigned under subdivision (d)(2)(A) of this section shall be funded by the department and not by the special revenues established in subsection (b) of this section.

(A) The department may by rule assign additional laboratory duties and functions to the laboratory.

(B) Additional laboratory duties and functions assigned under subdivision (d)(2)(A) of this section shall be funded by the department and not by the special revenues established in subsection (b) of this section.

Amended by Act 2023, No. 593,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 28, eff. 7/1/2019.

Amended by Act 2017, No. 1011,§ 10, eff. 8/1/2017.

Acts 1983, No. 366, § 17; A.S.A. 1947, § 78-331.1; Acts 1995, No. 236, § 25.
Ark. Code Ann. § 2-2-427 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-427
Tax exemption
Status: in_force

Each association organized under this subchapter shall be exempt from all franchise or license taxes. Acts 1921, No. 116, § 28; 1937, No. 351, § 2; Pope's Dig., § 2313; A.S.A. 1947, § 77-927.

Each association organized under this subchapter shall be exempt from all franchise or license taxes.

Acts 1921, No. 116, § 28; 1937, No. 351, § 2; Pope's Dig., § 2313; A.S.A. 1947, § 77-927.
Ark. Code Ann. § 2-40-201 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-201
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 46, eff. 8/1/2017. Acts 1985, No. 150, § 8; 1985, No. 151, § 8; A.S.A. 1947, § 78-479n.

Repealed by Act 2017, No. 1011,§ 46, eff. 8/1/2017.

Acts 1985, No. 150, § 8; 1985, No. 151, § 8; A.S.A. 1947, § 78-479n.
Ark. Code Ann. § 2-38-505 — AR Code / Title 2 / Chapter 38 / Subchapter 5 / Section 2-38-505
Powers and duties of Arkansas Livestock and Poultry Commission
Status: in_force

The Arkansas Livestock and Poultry Commission may: (1) Make, modify, and enforce the rules and orders the commission deems necessary to effectively carry out this subchapter; (2) Establish and collect reasonable fees to administer and enforce § 2-38-502(a)(3) ; and (3) (A) Impose administrative penalties not to exceed one thousand dollars ($1,000) per feral hog against a person who violates this subchapter or a rule adopted by the commission under this subchapter. (B) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2021, No. 692,§ 4, eff. 7/28/2021.

The Arkansas Livestock and Poultry Commission may:

(1) Make, modify, and enforce the rules and orders the commission deems necessary to effectively carry out this subchapter;

(2) Establish and collect reasonable fees to administer and enforce § 2-38-502(a)(3) ; and

(3) (A) Impose administrative penalties not to exceed one thousand dollars ($1,000) per feral hog against a person who violates this subchapter or a rule adopted by the commission under this subchapter. (B) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) Impose administrative penalties not to exceed one thousand dollars ($1,000) per feral hog against a person who violates this subchapter or a rule adopted by the commission under this subchapter.

(B) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2021, No. 692,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 2-25-101 — AR Code / Title 2 / Chapter 25 / Section 2-25-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Grain Grading Act". Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.

This chapter shall be known and may be cited as the "Arkansas Grain Grading Act".

Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-40-706 — AR Code / Title 2 / Chapter 40 / Subchapter 7 / Section 2-40-706
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 65, eff. 8/1/2017. Acts 1963, No. 248, § 3; A.S.A. 1947, § 78-443.

Repealed by Act 2017, No. 1011,§ 65, eff. 8/1/2017.

Acts 1963, No. 248, § 3; A.S.A. 1947, § 78-443.
Ark. Code Ann. § 2-40-401 — AR Code / Title 2 / Chapter 40 / Subchapter 4 / Section 2-40-401
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Approved incineration" means a method of incineration approved by the commission; (2) "Commission" means the Arkansas Livestock and Poultry Commission created by § 2-33-101 ; (3) "Fowl" shall include all domesticated avian species; (4) "Fowl carcasses" means carcasses of fowl which died as the result of sickness, suffocation, accident, or from any cause other than intentional slaughter; and (5) "Responsible person" means the person who has the direct responsibility for the day-to-day care of the fowl involved. Acts 1985, No. 168, § 1; A.S.A. 1947, § 78-415.1; Acts 1993, No. 241, § 1; 1993, No. 250, § 1.

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

(1) "Approved incineration" means a method of incineration approved by the commission;

(2) "Commission" means the Arkansas Livestock and Poultry Commission created by § 2-33-101 ;

(3) "Fowl" shall include all domesticated avian species;

(4) "Fowl carcasses" means carcasses of fowl which died as the result of sickness, suffocation, accident, or from any cause other than intentional slaughter; and

(5) "Responsible person" means the person who has the direct responsibility for the day-to-day care of the fowl involved.

Acts 1985, No. 168, § 1; A.S.A. 1947, § 78-415.1; Acts 1993, No. 241, § 1; 1993, No. 250, § 1.
Ark. Code Ann. § 2-36-203 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-203
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1973, No. 317, § 10; A.S.A. 1947, § 78-1619.

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

Acts 1973, No. 317, § 10; A.S.A. 1947, § 78-1619.
Ark. Code Ann. § 2-2-109 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-109
Amendments to articles
Status: in_force

(a) The articles of association may be altered or amended at any regular or special meeting of the stockholders or members called for that purpose. (b) Amendments to the articles of association, when so adopted, shall be certified by the president and secretary of the association and shall be filed with the Secretary of State. Acts 1939, No. 153, § 9; A.S.A. 1947, § 77-1009.

(a) The articles of association may be altered or amended at any regular or special meeting of the stockholders or members called for that purpose.

(b) Amendments to the articles of association, when so adopted, shall be certified by the president and secretary of the association and shall be filed with the Secretary of State.

Acts 1939, No. 153, § 9; A.S.A. 1947, § 77-1009.
Ark. Code Ann. § 2-2-101 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-101
Purpose
Status: in_force

(a) The purposes of this subchapter are to provide for: (1) The formation and operation of agricultural cooperative associations; and (2) The rights, powers, liabilities, and duties of cooperative associations. (b) Associations organized under this subchapter shall be deemed to be nonprofit, inasmuch as they are not organized for the purpose of making profits for themselves or for their members as proprietors, but only for their members as patrons and employees of the associations. Acts 1939, No. 153, § 1; A.S.A. 1947, § 77-1001.

(a) The purposes of this subchapter are to provide for: (1) The formation and operation of agricultural cooperative associations; and (2) The rights, powers, liabilities, and duties of cooperative associations.

(1) The formation and operation of agricultural cooperative associations; and

(2) The rights, powers, liabilities, and duties of cooperative associations.

(b) Associations organized under this subchapter shall be deemed to be nonprofit, inasmuch as they are not organized for the purpose of making profits for themselves or for their members as proprietors, but only for their members as patrons and employees of the associations.

Acts 1939, No. 153, § 1; A.S.A. 1947, § 77-1001.
Ark. Code Ann. § 2-35-406 — AR Code / Title 2 / Chapter 35 / Subchapter 4 / Section 2-35-406
National Beef Promotion Account
Status: in_force

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

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

Acts 1987, No. 3, § 4.
Ark. Code Ann. § 2-40-701 — AR Code / Title 2 / Chapter 40 / Subchapter 7 / Section 2-40-701
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 65, eff. 8/1/2017. Acts 1957, No. 154, § 1; A.S.A. 1947, § 78-605.

Repealed by Act 2017, No. 1011,§ 65, eff. 8/1/2017.

Acts 1957, No. 154, § 1; A.S.A. 1947, § 78-605.
Ark. Code Ann. § 2-38-403 — AR Code / Title 2 / Chapter 38 / Subchapter 4 / Section 2-38-403
Enclosures
Status: in_force

(a) It is the duty of the county judge of each county to provide an appropriate enclosure within the county for the impounding of cattle, horses, mules, hogs, sheep, or goats found running at large along or on any public highway in this state. (b) If no enclosure may be practically maintained in the county, any county judge may enter into a contract with bordering counties or private landowners to provide appropriate shelter and care for livestock found running at large. Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023. Acts 1955, No. 145, § 3; A.S.A. 1947, § 78-1146.

(a) It is the duty of the county judge of each county to provide an appropriate enclosure within the county for the impounding of cattle, horses, mules, hogs, sheep, or goats found running at large along or on any public highway in this state.

(b) If no enclosure may be practically maintained in the county, any county judge may enter into a contract with bordering counties or private landowners to provide appropriate shelter and care for livestock found running at large.

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

Acts 1955, No. 145, § 3; A.S.A. 1947, § 78-1146.
Ark. Code Ann. § 2-36-305 — AR Code / Title 2 / Chapter 36 / Subchapter 3 / Section 2-36-305
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 7, eff. 7/28/2021. Acts 1991, No. 1105, § 18; 2003, No. 1288, § 28.

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

Acts 1991, No. 1105, § 18; 2003, No. 1288, § 28.
Ark. Code Ann. § 2-38-114 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-114
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, §§ 12, 13; C. & M. Dig., §§ 286, 287; Pope's Dig., §§ 300, 301; A.S.A. 1947, §§ 78-1119, 78-1120.

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

Rev. Stat., ch. 58, §§ 12, 13; C. & M. Dig., §§ 286, 287; Pope's Dig., §§ 300, 301; A.S.A. 1947, §§ 78-1119, 78-1120.
Ark. Code Ann. § 2-40-508 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-508
Legislative intent
Status: in_force

It is the intent of the General Assembly that the Arkansas Livestock and Poultry Commission will continue to vaccinate heifers on the farm and at the sale barns for brucellosis and will carry out all the practices of the commission which have brought the state to its current near brucellosis-free status. Amended by Act 2017, No. 1011,§ 63, eff. 8/1/2017. Acts 1993, No. 1174, § 19.

It is the intent of the General Assembly that the Arkansas Livestock and Poultry Commission will continue to vaccinate heifers on the farm and at the sale barns for brucellosis and will carry out all the practices of the commission which have brought the state to its current near brucellosis-free status.

Amended by Act 2017, No. 1011,§ 63, eff. 8/1/2017.

Acts 1993, No. 1174, § 19.
Ark. Code Ann. § 2-32-411 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-411
Preference
Status: in_force

If this subchapter conflicts with other rights a livestock owner may have, the livestock owner's right to receive the sales price shall be given preference. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

If this subchapter conflicts with other rights a livestock owner may have, the livestock owner's right to receive the sales price shall be given preference.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-16-705 — AR Code / Title 2 / Chapter 16 / Subchapter 7 / Section 2-16-705
[Repealed]
Status: repealed

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021. Acts 1993, No. 268, § 8.

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021.

Acts 1993, No. 268, § 8.
Ark. Code Ann. § 2-25-106 — AR Code / Title 2 / Chapter 25 / Section 2-25-106
Penalties
Status: in_force

(a) If the Department of Agriculture conducts an inspection of a grain dealer as permitted under § 2-25-105(a) and determines that a grain dealer who issues grades is not taking samples of graded grain in a manner consistent with the standards adopted by the department, the department may place the grain dealer on probation. (b) (1) If a grain dealer who issues grades for grain is placed on probation, an employee of an official grading agency may inspect randomly selected samples of graded grain to determine whether the grain dealer is taking samples and grading grain in a manner consistent with the rules adopted by the department. (2) The samples of graded grain shall be obtained and an inspection performed during the normal working hours of the grain dealer. (3) The grain dealer shall pay for the samples of graded grain that are inspected. Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.

(a) If the Department of Agriculture conducts an inspection of a grain dealer as permitted under § 2-25-105(a) and determines that a grain dealer who issues grades is not taking samples of graded grain in a manner consistent with the standards adopted by the department, the department may place the grain dealer on probation.

(b) (1) If a grain dealer who issues grades for grain is placed on probation, an employee of an official grading agency may inspect randomly selected samples of graded grain to determine whether the grain dealer is taking samples and grading grain in a manner consistent with the rules adopted by the department. (2) The samples of graded grain shall be obtained and an inspection performed during the normal working hours of the grain dealer. (3) The grain dealer shall pay for the samples of graded grain that are inspected.

(1) If a grain dealer who issues grades for grain is placed on probation, an employee of an official grading agency may inspect randomly selected samples of graded grain to determine whether the grain dealer is taking samples and grading grain in a manner consistent with the rules adopted by the department.

(2) The samples of graded grain shall be obtained and an inspection performed during the normal working hours of the grain dealer.

(3) The grain dealer shall pay for the samples of graded grain that are inspected.

Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-39-107 — AR Code / Title 2 / Chapter 39 / Section 2-39-107
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 7, eff. 8/1/2023. Rev. Stat., ch. 76, § 6; C. & M. Dig., § 4652; Pope's Dig., § 5741; A.S.A. 1947, § 78-1208.

Repealed by Act 2023, No. 594,§ 7, eff. 8/1/2023.

Rev. Stat., ch. 76, § 6; C. & M. Dig., § 4652; Pope's Dig., § 5741; A.S.A. 1947, § 78-1208.
Ark. Code Ann. § 2-17-416 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-416
Final report
Status: in_force

At the termination of the receivership, the Public Grain Warehouse Commissioner shall file a final report containing the details of his or her actions, together with such additional information as the court may require. Acts 1983, No. 342, § 16; A.S.A. 1947, § 77-1358.

At the termination of the receivership, the Public Grain Warehouse Commissioner shall file a final report containing the details of his or her actions, together with such additional information as the court may require.

Acts 1983, No. 342, § 16; A.S.A. 1947, § 77-1358.
Ark. Code Ann. § 2-10-103 — AR Code / Title 2 / Chapter 10 / Subchapter 1 / Section 2-10-103
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 12, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 11, eff. 7/1/2019. Acts 2007, No. 754, § 1.

Repealed by Act 2023, No. 691,§ 12, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 11, eff. 7/1/2019.

Acts 2007, No. 754, § 1.
Ark. Code Ann. § 2-38-113 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-113
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 25; Acts 1846, § 7, p. 28; C. & M. Dig., § 285; Pope's Dig., § 299; A.S.A. 1947, § 78-1117.

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

Rev. Stat., ch. 58, § 25; Acts 1846, § 7, p. 28; C. & M. Dig., § 285; Pope's Dig., § 299; A.S.A. 1947, § 78-1117.
Ark. Code Ann. § 2-17-411 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-411
Merchandiser to effect sale
Status: in_force

(a) When the court approves the sale of stored grain, the Public Grain Warehouse Commissioner shall employ a merchandiser to effect the sale of those commodities. (b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of warehouses licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq., and if the person has ever held a license issued under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq., the person shall never have had that license suspended or revoked; (2) The person shall be experienced or knowledgeable in the marketing of agricultural products; and (3) The person shall not be the holder of a warehouse receipt or scale ticket issued by the licensee and shall not have a claim against the licensee, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the licensee or the licensee's business. (c) (1) The merchandiser shall be entitled to reasonable compensation as determined by the commissioner. (2) A sale of grain shall be made in a commercially reasonable manner and under the supervision of the warehouse section of the commissioner. (3) The commissioner shall have authority to sell the stored grain, notwithstanding provisions of the Uniform Commercial Code, § 4-1-101 et seq., and any stored grain so sold shall be free of all liens and other encumbrances. Acts 1983, No. 342, § 11; A.S.A. 1947, § 77-1353.

(a) When the court approves the sale of stored grain, the Public Grain Warehouse Commissioner shall employ a merchandiser to effect the sale of those commodities.

(b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of warehouses licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq., and if the person has ever held a license issued under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq., the person shall never have had that license suspended or revoked; (2) The person shall be experienced or knowledgeable in the marketing of agricultural products; and (3) The person shall not be the holder of a warehouse receipt or scale ticket issued by the licensee and shall not have a claim against the licensee, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the licensee or the licensee's business.

(1) The person shall be experienced or knowledgeable in the operation of warehouses licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq., and if the person has ever held a license issued under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq., the person shall never have had that license suspended or revoked;

(2) The person shall be experienced or knowledgeable in the marketing of agricultural products; and

(3) The person shall not be the holder of a warehouse receipt or scale ticket issued by the licensee and shall not have a claim against the licensee, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the licensee or the licensee's business.

(c) (1) The merchandiser shall be entitled to reasonable compensation as determined by the commissioner. (2) A sale of grain shall be made in a commercially reasonable manner and under the supervision of the warehouse section of the commissioner. (3) The commissioner shall have authority to sell the stored grain, notwithstanding provisions of the Uniform Commercial Code, § 4-1-101 et seq., and any stored grain so sold shall be free of all liens and other encumbrances.

(1) The merchandiser shall be entitled to reasonable compensation as determined by the commissioner.

(2) A sale of grain shall be made in a commercially reasonable manner and under the supervision of the warehouse section of the commissioner.

(3) The commissioner shall have authority to sell the stored grain, notwithstanding provisions of the Uniform Commercial Code, § 4-1-101 et seq., and any stored grain so sold shall be free of all liens and other encumbrances.

Acts 1983, No. 342, § 11; A.S.A. 1947, § 77-1353.
Ark. Code Ann. § 2-19-414 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-414
Deposit of moneys
Status: in_force

(a) The State Plant Board shall remit all moneys received by or for it under this subchapter to the Treasurer of State. (b) Upon receipt of any remittance, the Treasurer of State shall deposit the entire amount into the State Treasury and handle the funds in the same manner as required in § 2-19-209 . Acts 1977, No. 377, § 13; A.S.A. 1947, § 77-2113.

(a) The State Plant Board shall remit all moneys received by or for it under this subchapter to the Treasurer of State.

(b) Upon receipt of any remittance, the Treasurer of State shall deposit the entire amount into the State Treasury and handle the funds in the same manner as required in § 2-19-209 .

Acts 1977, No. 377, § 13; A.S.A. 1947, § 77-2113.
Ark. Code Ann. § 2-7-302 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-302
Release before proceedings required - Exceptions
Status: in_force

(a) In connection with a secured indebtedness of twenty thousand dollars ($20,000) or more, no proceeding against a farmer shall be commenced to foreclose a mortgage on agricultural property, to terminate a contract for deed to purchase agricultural property, to repossess or foreclose a security interest in agricultural property, to set off or seize an account, moneys, or other asset which is agricultural property, or to enforce any judgment against agricultural property unless the creditor has first obtained a release as provided in this chapter. (b) An action for attachment or replevin may be commenced without first obtaining a release in those cases provided for under § 16-110-101(1)(A)(vi) -(viii) or § 18-60-807 . Acts 1989, No. 829, § 4.

(a) In connection with a secured indebtedness of twenty thousand dollars ($20,000) or more, no proceeding against a farmer shall be commenced to foreclose a mortgage on agricultural property, to terminate a contract for deed to purchase agricultural property, to repossess or foreclose a security interest in agricultural property, to set off or seize an account, moneys, or other asset which is agricultural property, or to enforce any judgment against agricultural property unless the creditor has first obtained a release as provided in this chapter.

(b) An action for attachment or replevin may be commenced without first obtaining a release in those cases provided for under § 16-110-101(1)(A)(vi) -(viii) or § 18-60-807 .

Acts 1989, No. 829, § 4.
Ark. Code Ann. § 2-2-113 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-113
Officers
Status: in_force

(a) The board of directors shall elect a president, one (1) or more vice presidents, a secretary, and a treasurer, and they may combine the two (2) latter officers and designate the combined office as secretary-treasurer. (b) (1) The treasurer may be a bank or any depository, and as such shall not be considered as an officer but as a functionary of the board. (2) In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board. Acts 1939, No. 153, § 13; A.S.A. 1947, § 77-1013.

(a) The board of directors shall elect a president, one (1) or more vice presidents, a secretary, and a treasurer, and they may combine the two (2) latter officers and designate the combined office as secretary-treasurer.

(b) (1) The treasurer may be a bank or any depository, and as such shall not be considered as an officer but as a functionary of the board. (2) In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board.

(1) The treasurer may be a bank or any depository, and as such shall not be considered as an officer but as a functionary of the board.

(2) In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board.

Acts 1939, No. 153, § 13; A.S.A. 1947, § 77-1013.
Ark. Code Ann. § 2-16-607 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-607
Entry of premises - Suppression or eradication activities - Inspections
Status: in_force

(a) The Department of Agriculture, or its authorized representatives, shall have authority to enter cotton fields, cotton processing facilities, and other premises in order to carry out suppression or eradication activities, including, but not limited to, treatment with pesticides, monitoring, and destruction of growing cotton or other host plants, as may be necessary to carry out the provisions of this subchapter. (b) The department shall have authority to make inspection of any fields or premises in this state and any property located therein or thereon for the purpose of determining whether such property is infested with the boll weevil. Such inspection and other activities may be conducted in a reasonable manner without a warrant at any reasonable daylight hour falling between sunrise and sunset. (c) Any judge of this state will, within his or her jurisdiction, and upon proper cause shown, issue a warrant giving the department the right of entry to any premises for the purpose of carrying out the provisions of this section or other activities authorized by this subchapter. Amended by Act 2023, No. 691,§ 23, eff. 7/1/2023. Acts 1991, No. 710, § 5; 1993, No. 854, § 1.

(a) The Department of Agriculture, or its authorized representatives, shall have authority to enter cotton fields, cotton processing facilities, and other premises in order to carry out suppression or eradication activities, including, but not limited to, treatment with pesticides, monitoring, and destruction of growing cotton or other host plants, as may be necessary to carry out the provisions of this subchapter.

(b) The department shall have authority to make inspection of any fields or premises in this state and any property located therein or thereon for the purpose of determining whether such property is infested with the boll weevil. Such inspection and other activities may be conducted in a reasonable manner without a warrant at any reasonable daylight hour falling between sunrise and sunset.

(c) Any judge of this state will, within his or her jurisdiction, and upon proper cause shown, issue a warrant giving the department the right of entry to any premises for the purpose of carrying out the provisions of this section or other activities authorized by this subchapter.

Amended by Act 2023, No. 691,§ 23, eff. 7/1/2023.

Acts 1991, No. 710, § 5; 1993, No. 854, § 1.
Ark. Code Ann. § 2-20-503 — AR Code / Title 2 / Chapter 20 / Subchapter 5 / Section 2-20-503
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 rice in any calendar year. Acts 1985, No. 725, § 6; A.S.A. 1947, § 77-2506.

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

Acts 1985, No. 725, § 6; A.S.A. 1947, § 77-2506.
Ark. Code Ann. § 2-21-111 — AR Code / Title 2 / Chapter 21 / Section 2-21-111
Invalidation of license
Status: in_force

(a) Any license issued in accordance with this chapter may be invalidated by the State Plant Board or its authorized representative, after a hearing, for the following reasons: (1) Substitution by the licensee of varieties or kinds of nursery stock other than those ordered, except by the consent of the purchaser; (2) Misrepresentations such as making false statements or promises for the purpose of making a sale; (3) Repeated sales of poor quality, unthrifty, diseased, or insect-infested nursery stock; (4) Failure to fulfill commitments covered by contracts or neglecting to make adjustments or replacements on nursery stock as by prior agreement; or (5) Violation of any provisions of this chapter or the rules made under authority of it, or of the provisions of the Arkansas Plant Act of 1917, § 2-16-201 et seq., or of the rules made under authority of the Arkansas Plant Act of 1917, § 2-16-201 et seq. (b) The licensee may appeal the board's decision within thirty (30) days 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) Any license issued in accordance with this chapter may be invalidated by the State Plant Board or its authorized representative, after a hearing, for the following reasons: (1) Substitution by the licensee of varieties or kinds of nursery stock other than those ordered, except by the consent of the purchaser; (2) Misrepresentations such as making false statements or promises for the purpose of making a sale; (3) Repeated sales of poor quality, unthrifty, diseased, or insect-infested nursery stock; (4) Failure to fulfill commitments covered by contracts or neglecting to make adjustments or replacements on nursery stock as by prior agreement; or (5) Violation of any provisions of this chapter or the rules made under authority of it, or of the provisions of the Arkansas Plant Act of 1917, § 2-16-201 et seq., or of the rules made under authority of the Arkansas Plant Act of 1917, § 2-16-201 et seq.

(1) Substitution by the licensee of varieties or kinds of nursery stock other than those ordered, except by the consent of the purchaser;

(2) Misrepresentations such as making false statements or promises for the purpose of making a sale;

(3) Repeated sales of poor quality, unthrifty, diseased, or insect-infested nursery stock;

(4) Failure to fulfill commitments covered by contracts or neglecting to make adjustments or replacements on nursery stock as by prior agreement; or

(5) Violation of any provisions of this chapter or the rules made under authority of it, or of the provisions of the Arkansas Plant Act of 1917, § 2-16-201 et seq., or of the rules made under authority of the Arkansas Plant Act of 1917, § 2-16-201 et seq.

(b) The licensee may appeal the board's decision within thirty (30) days 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. § 2-33-106 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-106
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 5, eff. 8/1/2017. Acts 1963, No. 87, § 8; A.S.A. 1947, § 78-308.

Repealed by Act 2017, No. 1011,§ 5, eff. 8/1/2017.

Acts 1963, No. 87, § 8; A.S.A. 1947, § 78-308.
Ark. Code Ann. § 2-35-305 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-305
Collection by purchasers
Status: in_force

(a) (1) The assessment levied under this subchapter shall be collected by each purchaser of cattle in Arkansas, whether or not the purchaser is a resident of Arkansas. (2) A purchaser shall monthly report and remit the assessments collected to the Director of the Department of Finance and Administration at the time, in the manner, and on forms prescribed by the director. (b) For purposes of this subchapter, purchasers or buyers of cattle shall include, but not be limited to: (1) Livestock auction markets; (2) Packers; (3) Order buyers, who are registered or licensed, buying on order and not through a public market; and (4) Individual organizations, groups, or firms, in the case of organized sales, special sales, breed association sales, and feeder calf sales. Acts 1983, No. 160, § 4; A.S.A. 1947, § 78-1904.

(a) (1) The assessment levied under this subchapter shall be collected by each purchaser of cattle in Arkansas, whether or not the purchaser is a resident of Arkansas. (2) A purchaser shall monthly report and remit the assessments collected to the Director of the Department of Finance and Administration at the time, in the manner, and on forms prescribed by the director.

(1) The assessment levied under this subchapter shall be collected by each purchaser of cattle in Arkansas, whether or not the purchaser is a resident of Arkansas.

(2) A purchaser shall monthly report and remit the assessments collected to the Director of the Department of Finance and Administration at the time, in the manner, and on forms prescribed by the director.

(b) For purposes of this subchapter, purchasers or buyers of cattle shall include, but not be limited to: (1) Livestock auction markets; (2) Packers; (3) Order buyers, who are registered or licensed, buying on order and not through a public market; and (4) Individual organizations, groups, or firms, in the case of organized sales, special sales, breed association sales, and feeder calf sales.

(1) Livestock auction markets;

(2) Packers;

(3) Order buyers, who are registered or licensed, buying on order and not through a public market; and

(4) Individual organizations, groups, or firms, in the case of organized sales, special sales, breed association sales, and feeder calf sales.

Acts 1983, No. 160, § 4; A.S.A. 1947, § 78-1904.
Ark. Code Ann. § 2-2-413 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-413
Regular and special meetings
Status: in_force

(a) In its bylaws, each association shall provide for one (1) or more regular meetings annually. (b) (1) The board of directors shall have the right to call a special meeting at any time, and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. (2) This meeting must be called by the directors. (c) (1) Notice of all meetings together with a statement of the purposes thereof shall be mailed to each member at least ten (10) days before the meeting. (2) The bylaws may require instead that the notice may be given by publication in a newspaper of general circulation published at the principal place of business of the association. Acts 1921, No. 116, § 11; Pope's Dig., § 2296; A.S.A. 1947, § 77-911.

(a) In its bylaws, each association shall provide for one (1) or more regular meetings annually.

(b) (1) The board of directors shall have the right to call a special meeting at any time, and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. (2) This meeting must be called by the directors.

(1) The board of directors shall have the right to call a special meeting at any time, and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time.

(2) This meeting must be called by the directors.

(c) (1) Notice of all meetings together with a statement of the purposes thereof shall be mailed to each member at least ten (10) days before the meeting. (2) The bylaws may require instead that the notice may be given by publication in a newspaper of general circulation published at the principal place of business of the association.

(1) Notice of all meetings together with a statement of the purposes thereof shall be mailed to each member at least ten (10) days before the meeting.

(2) The bylaws may require instead that the notice may be given by publication in a newspaper of general circulation published at the principal place of business of the association.

Acts 1921, No. 116, § 11; Pope's Dig., § 2296; A.S.A. 1947, § 77-911.
Ark. Code Ann. § 2-2-420 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-420
Penalties for inducing breach of contract
Status: in_force

Any person or corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association organized under this subchapter to breach his or her marketing contract with the association or who maliciously and knowingly spread false reports about the finances or management of the association shall be guilty of a violation and subject to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for the offense and shall be liable to the association aggrieved in a civil suit in the penal sum of five hundred dollars ($500) for each offense. Acts 1921, No. 116, § 24; Pope's Dig., § 2309; A.S.A. 1947, § 77-924; Acts 2005, No. 1994, § 4.

Any person or corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association organized under this subchapter to breach his or her marketing contract with the association or who maliciously and knowingly spread false reports about the finances or management of the association shall be guilty of a violation and subject to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for the offense and shall be liable to the association aggrieved in a civil suit in the penal sum of five hundred dollars ($500) for each offense.

Acts 1921, No. 116, § 24; Pope's Dig., § 2309; A.S.A. 1947, § 77-924; Acts 2005, No. 1994, § 4.
Ark. Code Ann. § 2-38-111 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-111
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 10; Acts 1842, § 3, p. 25; C. & M. Dig., §§ 283, 302; Pope's Dig., §§ 297, 316; A.S.A. 1947, §§ 78-1115, 78-1118.

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

Rev. Stat., ch. 58, § 10; Acts 1842, § 3, p. 25; C. & M. Dig., §§ 283, 302; Pope's Dig., §§ 297, 316; A.S.A. 1947, §§ 78-1115, 78-1118.
Ark. Code Ann. § 2-33-115 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-115
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 29, eff. 7/1/2019. Amended by Act 2017, No. 1011,§ 14, eff. 8/1/2017. Acts 1993, No. 1174, § 18; 1995, No. 236, § 27.

Repealed by Act 2021, No. 700,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 29, eff. 7/1/2019.

Amended by Act 2017, No. 1011,§ 14, eff. 8/1/2017.

Acts 1993, No. 1174, § 18; 1995, No. 236, § 27.
Ark. Code Ann. § 2-6-122 — AR Code / Title 2 / Chapter 6 / Section 2-6-122
Receivership - Proceeds - Termination
Status: in_force

In the event the approved plan of disposition requires the sale of processed catfish, or the distribution of proceeds from the surety bond, or both, the Secretary of the Department of Agriculture or his or her designee shall submit to the court a proposed plan of distribution of those proceeds. Upon such notice and hearing as may be required by the court, the court shall accept or modify the proposed plan. When the plan is approved by the court and executed by the secretary or his or her designee, the secretary or his or her designee shall be discharged and the receivership terminated. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

In the event the approved plan of disposition requires the sale of processed catfish, or the distribution of proceeds from the surety bond, or both, the Secretary of the Department of Agriculture or his or her designee shall submit to the court a proposed plan of distribution of those proceeds. Upon such notice and hearing as may be required by the court, the court shall accept or modify the proposed plan. When the plan is approved by the court and executed by the secretary or his or her designee, the secretary or his or her designee shall be discharged and the receivership terminated.

Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023.

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-17-218 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-218
Insurance required
Status: in_force

(a) (1) (A) At all times, every public grain warehouseman shall keep the grain stored in the public grain warehouse insured by an insurance company authorized to do business in this state. (B) The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning, and windstorm, and failure to do so shall make the public grain warehouseman liable for the grain. (2) All policies shall provide that no cancellation shall be effective unless thirty (30) days' prior notice is given the Public Grain Warehouse Commissioner. (b) If fire, inherent explosion, lightning, or windstorm shall destroy or damage all or part of the grain stored in any public grain warehouse, the public grain warehouseman shall, upon demand by the holder of any warehouse receipt for the grain and upon being presented with the warehouse receipt, make settlement for the fair market value at the time of the loss after deducting the warehouse charges. Acts 1979, No. 83, § 20; A.S.A. 1947, § 77-1320.

(a) (1) (A) At all times, every public grain warehouseman shall keep the grain stored in the public grain warehouse insured by an insurance company authorized to do business in this state. (B) The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning, and windstorm, and failure to do so shall make the public grain warehouseman liable for the grain. (2) All policies shall provide that no cancellation shall be effective unless thirty (30) days' prior notice is given the Public Grain Warehouse Commissioner.

(1) (A) At all times, every public grain warehouseman shall keep the grain stored in the public grain warehouse insured by an insurance company authorized to do business in this state. (B) The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning, and windstorm, and failure to do so shall make the public grain warehouseman liable for the grain.

(A) At all times, every public grain warehouseman shall keep the grain stored in the public grain warehouse insured by an insurance company authorized to do business in this state.

(B) The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning, and windstorm, and failure to do so shall make the public grain warehouseman liable for the grain.

(2) All policies shall provide that no cancellation shall be effective unless thirty (30) days' prior notice is given the Public Grain Warehouse Commissioner.

(b) If fire, inherent explosion, lightning, or windstorm shall destroy or damage all or part of the grain stored in any public grain warehouse, the public grain warehouseman shall, upon demand by the holder of any warehouse receipt for the grain and upon being presented with the warehouse receipt, make settlement for the fair market value at the time of the loss after deducting the warehouse charges.

Acts 1979, No. 83, § 20; A.S.A. 1947, § 77-1320.
Ark. Code Ann. § 2-36-207 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-207
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1973, No. 317, § 3; A.S.A. 1947, § 78-1612.

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

Acts 1973, No. 317, § 3; A.S.A. 1947, § 78-1612.
Ark. Code Ann. § 2-18-111 — AR Code / Title 2 / Chapter 18 / Section 2-18-111
Rules regarding aflatoxin
Status: in_force

The State Plant Board may establish rules necessary to implement the provisions of §§ 2-18-109 , 2-18-110 , and this section. Acts 1999, No. 1374, § 3.

The State Plant Board may establish rules necessary to implement the provisions of §§ 2-18-109 , 2-18-110 , and this section.

Acts 1999, No. 1374, § 3.
Ark. Code Ann. § 2-18-104 — AR Code / Title 2 / Chapter 18 / Section 2-18-104
Rules
Status: in_force

The State Plant Board: (1) Shall promulgate all rules necessary to carry into effect the purpose of this chapter, which is to provide supplies of high-grade seed, true to name and free from disease, for planting purposes; (2) Shall make rules to protect the interest of breeders who have developed high-quality strains of seed; and (3) May appoint or may authorize the Director of the State Plant Board to appoint such deputies as shall be necessary to carry into effect the purpose of this chapter. Acts 1931, No. 73, § 4; Pope's Dig., § 12351; A.S.A. 1947, § 77-317.

The State Plant Board:

(1) Shall promulgate all rules necessary to carry into effect the purpose of this chapter, which is to provide supplies of high-grade seed, true to name and free from disease, for planting purposes;

(2) Shall make rules to protect the interest of breeders who have developed high-quality strains of seed; and

(3) May appoint or may authorize the Director of the State Plant Board to appoint such deputies as shall be necessary to carry into effect the purpose of this chapter.

Acts 1931, No. 73, § 4; Pope's Dig., § 12351; A.S.A. 1947, § 77-317.
Ark. Code Ann. § 2-15-505 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-505
Regulation of subchapter by State Plant Board and Department of Agriculture
Status: in_force

(a) The State Plant Board shall adopt rules to implement and administer this subchapter. (b) Rules adopted by the board shall: (1) Prescribe the sampling, inspection, and testing procedures to ensure that the tetrahydrocannabinol concentration of industrial hemp planted, grown, or harvested in this state is not more than the acceptable hemp tetrahydrocannabinol level as defined by federal law; and (2) Provide due process for growers, including an appeals process. (c) The Department of Agriculture shall, upon request, provide the Division of Arkansas State Police and each local law enforcement agency information regarding the industrial hemp production program under this subchapter. (d) The board may establish and collect fees to administer the program. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) The State Plant Board shall adopt rules to implement and administer this subchapter.

(b) Rules adopted by the board shall: (1) Prescribe the sampling, inspection, and testing procedures to ensure that the tetrahydrocannabinol concentration of industrial hemp planted, grown, or harvested in this state is not more than the acceptable hemp tetrahydrocannabinol level as defined by federal law; and (2) Provide due process for growers, including an appeals process.

(1) Prescribe the sampling, inspection, and testing procedures to ensure that the tetrahydrocannabinol concentration of industrial hemp planted, grown, or harvested in this state is not more than the acceptable hemp tetrahydrocannabinol level as defined by federal law; and

(2) Provide due process for growers, including an appeals process.

(c) The Department of Agriculture shall, upon request, provide the Division of Arkansas State Police and each local law enforcement agency information regarding the industrial hemp production program under this subchapter.

(d) The board may establish and collect fees to administer the program.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-2-306 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-306
Articles of merger or consolidation
Status: in_force

Upon approval, articles of merger or articles of consolidation shall be executed by each association and filed in accordance with this subchapter, which shall be certified by the president and secretary of each association signing them and shall set forth: (1) The plan of merger or the plan of consolidation, including the time when it shall become effective; (2) As to each association: (A) The number of shares or memberships outstanding or votes entitled to be cast; and (B) If the shares or members of any class are entitled to vote as a class, the designation in number of outstanding shares or memberships or votes entitled to be cast by each class; and (3) As to each association: (A) The number of votes cast for and against the plan, respectively; and (B) If any shares of any class of stock are entitled to vote as a class, the number of shares or votes of each class voted for and against the plan, respectively. Acts 1981, No. 121, § 5; 1983, No. 163, § 5; A.S.A. 1947, § 77-1031.

Upon approval, articles of merger or articles of consolidation shall be executed by each association and filed in accordance with this subchapter, which shall be certified by the president and secretary of each association signing them and shall set forth:

(1) The plan of merger or the plan of consolidation, including the time when it shall become effective;

(2) As to each association: (A) The number of shares or memberships outstanding or votes entitled to be cast; and (B) If the shares or members of any class are entitled to vote as a class, the designation in number of outstanding shares or memberships or votes entitled to be cast by each class; and

(A) The number of shares or memberships outstanding or votes entitled to be cast; and

(B) If the shares or members of any class are entitled to vote as a class, the designation in number of outstanding shares or memberships or votes entitled to be cast by each class; and

(3) As to each association: (A) The number of votes cast for and against the plan, respectively; and (B) If any shares of any class of stock are entitled to vote as a class, the number of shares or votes of each class voted for and against the plan, respectively.

(A) The number of votes cast for and against the plan, respectively; and

(B) If any shares of any class of stock are entitled to vote as a class, the number of shares or votes of each class voted for and against the plan, respectively.

Acts 1981, No. 121, § 5; 1983, No. 163, § 5; A.S.A. 1947, § 77-1031.
Ark. Code Ann. § 2-5-201 — AR Code / Title 2 / Chapter 5 / Subchapter 2 / Section 2-5-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Commercial Bait and Ornamental Fish Act". Acts 2005, No. 1449, § 1.

This subchapter shall be known and may be cited as the "Commercial Bait and Ornamental Fish Act".

Acts 2005, No. 1449, § 1.
Ark. Code Ann. § 2-34-203 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-203
Conflicts of brands
Status: in_force

The Arkansas Livestock and Poultry Commission shall serve as an adjusting committee in the matter of determining conflicts of brands, and the decision of the committee shall be final. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, § 2; A.S.A. 1947, § 78-808.

The Arkansas Livestock and Poultry Commission shall serve as an adjusting committee in the matter of determining conflicts of brands, and the decision of the committee shall be final.

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

Acts 1959, No. 179, § 2; A.S.A. 1947, § 78-808.
Ark. Code Ann. § 2-40-404 — AR Code / Title 2 / Chapter 40 / Subchapter 4 / Section 2-40-404
Specifications
Status: in_force

The Arkansas Livestock and Poultry Commission shall, by rule, specify acceptable methods of the disposal of fowl carcasses in the event of a major die-off. Amended by Act 2019, No. 315,§ 30, eff. 7/24/2019. Acts 1985, No. 168, § 3; A.S.A. 1947, § 78-415.3; Acts 1989 (3rd Ex. Sess.), No. 20, § 2; 1993, No. 241, § 3; 1993, No. 250, § 3.

The Arkansas Livestock and Poultry Commission shall, by rule, specify acceptable methods of the disposal of fowl carcasses in the event of a major die-off.

Amended by Act 2019, No. 315,§ 30, eff. 7/24/2019.

Acts 1985, No. 168, § 3; A.S.A. 1947, § 78-415.3; Acts 1989 (3rd Ex. Sess.), No. 20, § 2; 1993, No. 241, § 3; 1993, No. 250, § 3.
Ark. Code Ann. § 2-15-207 — AR Code / Title 2 / Chapter 15 / Subchapter 2 / Section 2-15-207
Exemptions
Status: in_force

The provisions of this subchapter shall not apply to research conducted by a federal, state, or private entity, including an institution of higher education, which conforms to and is in compliance with all state and federal laws and rules for laboratory management practices. Acts 2005, No. 1238, § 1.

The provisions of this subchapter shall not apply to research conducted by a federal, state, or private entity, including an institution of higher education, which conforms to and is in compliance with all state and federal laws and rules for laboratory management practices.

Acts 2005, No. 1238, § 1.
Ark. Code Ann. § 2-2-102 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-102
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Agricultural products" means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any other farm, ranch, plantation, and range products; (2) "Association" means any association organized under this subchapter; (3) "Member" means a member of record as determined under the articles of association and bylaws of an association. The term "member" shall include the holder of a membership in an association without capital stock and the holder of common stock in an association organized with capital stock; and (4) "Person" means individuals, firms, partnerships, corporations, and associations. Acts 1939, No. 153, § 2; 1981, No. 121, § 1; A.S.A. 1947, § 77-1002.

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

(1) "Agricultural products" means horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and any other farm, ranch, plantation, and range products;

(2) "Association" means any association organized under this subchapter;

(3) "Member" means a member of record as determined under the articles of association and bylaws of an association. The term "member" shall include the holder of a membership in an association without capital stock and the holder of common stock in an association organized with capital stock; and

(4) "Person" means individuals, firms, partnerships, corporations, and associations.

Acts 1939, No. 153, § 2; 1981, No. 121, § 1; A.S.A. 1947, § 77-1002.
Ark. Code Ann. § 2-21-105 — AR Code / Title 2 / Chapter 21 / Section 2-21-105
Prosecutions
Status: in_force

Prosecutions under this chapter shall be commenced by the prosecuting attorney upon evidence furnished by the Director of the State Plant Board. Acts 1919, No. 683, § 9; C. & M. Dig., § 8010; Pope's Dig., § 12331; A.S.A. 1947, § 77-405.

Prosecutions under this chapter shall be commenced by the prosecuting attorney upon evidence furnished by the Director of the State Plant Board.

Acts 1919, No. 683, § 9; C. & M. Dig., § 8010; Pope's Dig., § 12331; A.S.A. 1947, § 77-405.
Ark. Code Ann. § 2-16-702 — AR Code / Title 2 / Chapter 16 / Subchapter 7 / Section 2-16-702
[Repealed]
Status: repealed

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 24, eff. 7/1/2019. Acts 1993, No. 268, §§ 4-6; 1997, No. 250, § 4; 1999, No. 1119, § 1.

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 24, eff. 7/1/2019.

Acts 1993, No. 268, §§ 4-6; 1997, No. 250, § 4; 1999, No. 1119, § 1.
Ark. Code Ann. § 2-24-105 — AR Code / Title 2 / Chapter 24 / Section 2-24-105
Applications for licenses - Renewal
Status: in_force

(a) The State Plant Board shall issue a license to a dealer that satisfies the requirements of this chapter and the rules promulgated by the board. (b) A dealer seeking licensure under this chapter shall submit an application to the board on the form prescribed by the board. (c) (1) A dealer shall renew its license annually as long as the dealer is operating in the state. (2) A dealer shall apply for renewal of a license issued under this chapter by submitting an application for renewal on the form prescribed by the board. (3) An application for renewal shall be received by the board on or before June 30. (4) The board shall renew the license of a dealer that satisfies the requirements of this chapter and the rules promulgated by the board. (d) The board may establish nominal application and renewal fees to offset the costs of administering this chapter. (e) If a dealer does not renew its license by the deadline stated in subsection (c) of this section, then the dealer's license is terminated, and it shall not be reinstated until the dealer submits an application for renewal and meets all other requirements of this chapter and the rules promulgated by the board. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) The State Plant Board shall issue a license to a dealer that satisfies the requirements of this chapter and the rules promulgated by the board.

(b) A dealer seeking licensure under this chapter shall submit an application to the board on the form prescribed by the board.

(c) (1) A dealer shall renew its license annually as long as the dealer is operating in the state. (2) A dealer shall apply for renewal of a license issued under this chapter by submitting an application for renewal on the form prescribed by the board. (3) An application for renewal shall be received by the board on or before June 30. (4) The board shall renew the license of a dealer that satisfies the requirements of this chapter and the rules promulgated by the board.

(1) A dealer shall renew its license annually as long as the dealer is operating in the state.

(2) A dealer shall apply for renewal of a license issued under this chapter by submitting an application for renewal on the form prescribed by the board.

(3) An application for renewal shall be received by the board on or before June 30.

(4) The board shall renew the license of a dealer that satisfies the requirements of this chapter and the rules promulgated by the board.

(d) The board may establish nominal application and renewal fees to offset the costs of administering this chapter.

(e) If a dealer does not renew its license by the deadline stated in subsection (c) of this section, then the dealer's license is terminated, and it shall not be reinstated until the dealer submits an application for renewal and meets all other requirements of this chapter and the rules promulgated by the board.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-40-103 — AR Code / Title 2 / Chapter 40 / Subchapter 1 / Section 2-40-103
Duties and enforcement
Status: in_force

(a) It is the duty of the Arkansas Livestock and Poultry Commission to: (1) Inquire into and investigate all outbreaks of contagious or infectious disease of animals; (2) Establish and promulgate rules in regard to isolation or quarantine of infected animals, disinfection of animals and premises, destruction of incurably diseased animals, and disposal of carcasses as it may deem necessary to prevent the spread of disease; (3) Promulgate rules for the protection of areas from which animal diseases may be eradicated; and (4) Draft rules for compensation for owners of exposed or diseased animals and contaminated equipment or other material unsuitable for proper disinfection or destroyed, or for others for any other necessary expenses or for any other purpose, indemnity being subject to available funds. (b) Any federal veterinary inspector working in Arkansas cooperating with the commission shall have the power of enforcing the rules of the commission. Amended by Act 2017, No. 1011,§ 38, eff. 8/1/2017. Acts 1907, No. 409, §§ 2, 9, p. 1043; C. & M. Dig., §§ 349, 356; Acts 1925, No. 224, § 1; 1929, No. 84, § 1; Pope's Dig., §§ 372, 381; A.S.A. 1947, §§ 78-402, 78-410.

(a) It is the duty of the Arkansas Livestock and Poultry Commission to: (1) Inquire into and investigate all outbreaks of contagious or infectious disease of animals; (2) Establish and promulgate rules in regard to isolation or quarantine of infected animals, disinfection of animals and premises, destruction of incurably diseased animals, and disposal of carcasses as it may deem necessary to prevent the spread of disease; (3) Promulgate rules for the protection of areas from which animal diseases may be eradicated; and (4) Draft rules for compensation for owners of exposed or diseased animals and contaminated equipment or other material unsuitable for proper disinfection or destroyed, or for others for any other necessary expenses or for any other purpose, indemnity being subject to available funds.

(1) Inquire into and investigate all outbreaks of contagious or infectious disease of animals;

(2) Establish and promulgate rules in regard to isolation or quarantine of infected animals, disinfection of animals and premises, destruction of incurably diseased animals, and disposal of carcasses as it may deem necessary to prevent the spread of disease;

(3) Promulgate rules for the protection of areas from which animal diseases may be eradicated; and

(4) Draft rules for compensation for owners of exposed or diseased animals and contaminated equipment or other material unsuitable for proper disinfection or destroyed, or for others for any other necessary expenses or for any other purpose, indemnity being subject to available funds.

(b) Any federal veterinary inspector working in Arkansas cooperating with the commission shall have the power of enforcing the rules of the commission.

Amended by Act 2017, No. 1011,§ 38, eff. 8/1/2017.

Acts 1907, No. 409, §§ 2, 9, p. 1043; C. & M. Dig., §§ 349, 356; Acts 1925, No. 224, § 1; 1929, No. 84, § 1; Pope's Dig., §§ 372, 381; A.S.A. 1947, §§ 78-402, 78-410.
Ark. Code Ann. § 2-20-105 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-105
Notice of standards
Status: in_force

(a) In promulgating the standards or any alterations or modifications of the standards, the State Plant Board shall specify the date when they shall become effective and shall give public notice, not less than thirty (30) days in advance of the date when the standard for any agricultural product shall become effective and one (1) year in advance of the date when the standard for any container shall become effective, by such means as the board deems proper. (b) The Director of the State Plant Board is authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by the board for any agricultural product or container. Acts 1925, No. 218, § 4; Pope's Dig., § 12387; A.S.A. 1947, § 77-504.

(a) In promulgating the standards or any alterations or modifications of the standards, the State Plant Board shall specify the date when they shall become effective and shall give public notice, not less than thirty (30) days in advance of the date when the standard for any agricultural product shall become effective and one (1) year in advance of the date when the standard for any container shall become effective, by such means as the board deems proper.

(b) The Director of the State Plant Board is authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by the board for any agricultural product or container.

Acts 1925, No. 218, § 4; Pope's Dig., § 12387; A.S.A. 1947, § 77-504.
Ark. Code Ann. § 2-19-204 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-204
Exempted transactions
Status: in_force

Nothing in this subchapter shall be construed to restrict or prohibit sales of superphosphates or any other fertilizer materials to one another by importers, manufacturers, or manipulators who mix materials for sale, or prevent the free and unrestricted shipments of materials to manufacturers who have registered their brands, as required by this subchapter. Acts 1951, No. 106, § 9; A.S.A. 1947, § 77-712.

Nothing in this subchapter shall be construed to restrict or prohibit sales of superphosphates or any other fertilizer materials to one another by importers, manufacturers, or manipulators who mix materials for sale, or prevent the free and unrestricted shipments of materials to manufacturers who have registered their brands, as required by this subchapter.

Acts 1951, No. 106, § 9; A.S.A. 1947, § 77-712.
Ark. Code Ann. § 2-40-203 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-203
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 48, eff. 8/1/2017. Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475.

Repealed by Act 2017, No. 1011,§ 48, eff. 8/1/2017.

Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475.
Ark. Code Ann. § 2-20-108 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-108
Unlawful sale or disposal
Status: in_force

It shall be unlawful for any person to offer for sale or to sell or otherwise dispose of any agricultural product in this state under any grade name or classification fixed for that agricultural product under the provisions of this subchapter or under any description, name, or designation which would reasonably be construed to refer to any grade name or classification fixed for that agricultural product under the provisions of this subchapter unless that agricultural product is graded or classified in conformity with the standard which may be specified for that grade or classification of the agricultural product under the provisions of this subchapter. Acts 1925, No. 218, § 15; Pope's Dig., § 12397; A.S.A. 1947, § 77-514.

It shall be unlawful for any person to offer for sale or to sell or otherwise dispose of any agricultural product in this state under any grade name or classification fixed for that agricultural product under the provisions of this subchapter or under any description, name, or designation which would reasonably be construed to refer to any grade name or classification fixed for that agricultural product under the provisions of this subchapter unless that agricultural product is graded or classified in conformity with the standard which may be specified for that grade or classification of the agricultural product under the provisions of this subchapter.

Acts 1925, No. 218, § 15; Pope's Dig., § 12397; A.S.A. 1947, § 77-514.
Ark. Code Ann. § 2-32-101 — AR Code / Title 2 / Chapter 32 / Subchapter 1 / Section 2-32-101
Alternate livestock
Status: in_force

(a) (1) All creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus, and rheas; (2) All creatures of the cervidae family that are not indigenous to this state, including, but not limited to, deer and elk; and (3) All creatures of the camelidae family, including, but not limited to, llamas, alpacas, and guanacos are hereby classified as alternate livestock. (b) Alternate livestock shall be considered farm animals or farm birds and shall be subject to all appropriate laws and rules relating to farm animals. Acts 1993, No. 377, § 1; 1995, No. 591, § 1.

(a) (1) All creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus, and rheas; (2) All creatures of the cervidae family that are not indigenous to this state, including, but not limited to, deer and elk; and (3) All creatures of the camelidae family, including, but not limited to, llamas, alpacas, and guanacos are hereby classified as alternate livestock.

(1) All creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus, and rheas;

(2) All creatures of the cervidae family that are not indigenous to this state, including, but not limited to, deer and elk; and

(3) All creatures of the camelidae family, including, but not limited to, llamas, alpacas, and guanacos are hereby classified as alternate livestock.

(b) Alternate livestock shall be considered farm animals or farm birds and shall be subject to all appropriate laws and rules relating to farm animals.

Acts 1993, No. 377, § 1; 1995, No. 591, § 1.
Ark. Code Ann. § 2-36-306 — AR Code / Title 2 / Chapter 36 / Subchapter 3 / Section 2-36-306
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 7, eff. 7/28/2021. Acts 1997, No. 881, § 1; 1999, No. 99, § 2; 2001, No. 358, § 1; 2011, No. 131, §§ 2, 3.

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

Acts 1997, No. 881, § 1; 1999, No. 99, § 2; 2001, No. 358, § 1; 2011, No. 131, §§ 2, 3.
Ark. Code Ann. § 2-1-202 — AR Code / Title 2 / Chapter 1 / Subchapter 2 / Section 2-1-202
[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; 2005, No. 1962, § 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; 2005, No. 1962, § 1.
Ark. Code Ann. § 2-23-109 — AR Code / Title 2 / Chapter 23 / Section 2-23-109
Recording keeping
Status: in_force

The Department of Agriculture shall keep a record of its activities and reports under this subchapter. Amended by Act 2023, No. 691,§ 42, eff. 7/1/2023. Acts 1991, No. 1024, § 2.

The Department of Agriculture shall keep a record of its activities and reports under this subchapter.

Amended by Act 2023, No. 691,§ 42, eff. 7/1/2023.

Acts 1991, No. 1024, § 2.
Ark. Code Ann. § 2-6-118 — AR Code / Title 2 / Chapter 6 / Section 2-6-118
Receivership - Sale of processed catfish - Merchandiser
Status: in_force

(a) When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities. (b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended; (2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and (3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business. (c) The merchandiser shall be entitled to reasonable compensation as determined by the secretary. (d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary. (e) The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, § 4-1-101 et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

(a) When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities.

(b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended; (2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and (3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business.

(1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended;

(2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and

(3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business.

(c) The merchandiser shall be entitled to reasonable compensation as determined by the secretary.

(d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary.

(e) The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, § 4-1-101 et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances.

Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023.

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-32-501 — AR Code / Title 2 / Chapter 32 / Subchapter 5 / Section 2-32-501
Administrative penalties
Status: in_force

(a) The Arkansas Livestock and Poultry Commission may impose administrative penalties not to exceed five thousand dollars ($5,000) per violation against a person who violates any provision of this subtitle or any rule adopted by the commission under this subtitle. (b) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) The commission or the commission's designee may issue subpoenas. (d) If a person against whom an administrative penalty has been imposed by the commission as authorized under this section fails to pay the penalty to the commission, the commission may file an action to collect the administrative penalty in the circuit court of the county in which the person resides. Amended by Act 2019, No. 910,§ 25, eff. 7/1/2019. Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.

(a) The Arkansas Livestock and Poultry Commission may impose administrative penalties not to exceed five thousand dollars ($5,000) per violation against a person who violates any provision of this subtitle or any rule adopted by the commission under this subtitle.

(b) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) The commission or the commission's designee may issue subpoenas.

(d) If a person against whom an administrative penalty has been imposed by the commission as authorized under this section fails to pay the penalty to the commission, the commission may file an action to collect the administrative penalty in the circuit court of the county in which the person resides.

Amended by Act 2019, No. 910,§ 25, eff. 7/1/2019.

Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.
Ark. Code Ann. § 2-40-823 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-823
Requirements of equidae moving within the state
Status: in_force

All equidae moving within the state for any reason shall be accompanied by a negative current official equine infectious anemia test. Acts 1997, No. 1306, § 21.

All equidae moving within the state for any reason shall be accompanied by a negative current official equine infectious anemia test.

Acts 1997, No. 1306, § 21.
Ark. Code Ann. § 2-20-308 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-308
False representations
Status: in_force

(a) It shall be unlawful for any person to expose or offer for sale or sell, transport, deliver, or consign, or have in his or her possession for sale products covered by this subchapter packed in a closed package in which the label or exposed surface gives a false representation of the contents of the package. (b) It shall be considered a false representation if the exposed surface does not reasonably represent the size, quality, and varietal characteristics of the remaining portions of the package. Acts 1947, No. 343, § 5; A.S.A. 1947, § 77-606.

(a) It shall be unlawful for any person to expose or offer for sale or sell, transport, deliver, or consign, or have in his or her possession for sale products covered by this subchapter packed in a closed package in which the label or exposed surface gives a false representation of the contents of the package.

(b) It shall be considered a false representation if the exposed surface does not reasonably represent the size, quality, and varietal characteristics of the remaining portions of the package.

Acts 1947, No. 343, § 5; A.S.A. 1947, § 77-606.
Ark. Code Ann. § 2-40-202 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-202
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 47, eff. 8/1/2017. Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475.

Repealed by Act 2017, No. 1011,§ 47, eff. 8/1/2017.

Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475.
Ark. Code Ann. § 2-19-201 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-201
Penalty
Status: in_force

(a) Any person selling or offering for sale any fertilizer or fertilizer material in violation of a provision of this subchapter, of a rule made under this subchapter, or of a notice issued under the authority of this subchapter shall be guilty of a violation. (b) Upon conviction, an offender shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Amended by Act 2019, No. 315,§ 14, eff. 7/24/2019. Acts 1951, No. 106, § 10; A.S.A. 1947, § 77-714; Acts 2005, No. 1994, § 11.

(a) Any person selling or offering for sale any fertilizer or fertilizer material in violation of a provision of this subchapter, of a rule made under this subchapter, or of a notice issued under the authority of this subchapter shall be guilty of a violation.

(b) Upon conviction, an offender shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Amended by Act 2019, No. 315,§ 14, eff. 7/24/2019.

Acts 1951, No. 106, § 10; A.S.A. 1947, § 77-714; Acts 2005, No. 1994, § 11.
Ark. Code Ann. § 2-35-309 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-309
Program to enhance cattle industry
Status: in_force

(a) The Arkansas Beef Council shall plan and conduct or cause to be conducted a program of promotion, market development, research, or related beef activities designed to enhance the cattle industry in Arkansas. (b) (1) The council is authorized to use the funds derived from the assessment imposed in this subchapter for these purposes, including basic administration expenses of the plan. (2) Use of these funds may be applied as prescribed in this section within or without the State of Arkansas, including regional, national, and international applications. (3) The funds may also be used to defray costs of referenda. Acts 1983, No. 160, § 10; A.S.A. 1947, § 78-1910.

(a) The Arkansas Beef Council shall plan and conduct or cause to be conducted a program of promotion, market development, research, or related beef activities designed to enhance the cattle industry in Arkansas.

(b) (1) The council is authorized to use the funds derived from the assessment imposed in this subchapter for these purposes, including basic administration expenses of the plan. (2) Use of these funds may be applied as prescribed in this section within or without the State of Arkansas, including regional, national, and international applications. (3) The funds may also be used to defray costs of referenda.

(1) The council is authorized to use the funds derived from the assessment imposed in this subchapter for these purposes, including basic administration expenses of the plan.

(2) Use of these funds may be applied as prescribed in this section within or without the State of Arkansas, including regional, national, and international applications.

(3) The funds may also be used to defray costs of referenda.

Acts 1983, No. 160, § 10; A.S.A. 1947, § 78-1910.
Ark. Code Ann. § 2-20-310 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-310
Right of inspection
Status: in_force

For the purpose of carrying out the provisions and requirements of this subchapter, the State Plant Board and its inspectors shall have power to enter into or upon any place and to open any bundle, package, or container of agricultural products. Acts 1947, No. 343, § 11; A.S.A. 1947, § 77-611.

For the purpose of carrying out the provisions and requirements of this subchapter, the State Plant Board and its inspectors shall have power to enter into or upon any place and to open any bundle, package, or container of agricultural products.

Acts 1947, No. 343, § 11; A.S.A. 1947, § 77-611.
Ark. Code Ann. § 2-16-704 — AR Code / Title 2 / Chapter 16 / Subchapter 7 / Section 2-16-704
[Repealed]
Status: repealed

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021. Acts 1993, No. 268, § 9.

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021.

Acts 1993, No. 268, § 9.
Ark. Code Ann. § 2-17-415 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-415
Distribution plan
Status: in_force

(a) (1) In the event the approved plan of disposition requires the sale of stored grain or the distribution of proceeds from the surety bond, or both, the Public Grain Warehouse Commissioner shall submit to the court a proposed plan of distribution of those proceeds. (2) Upon such notice and hearing as may be required by the court, the court shall accept or modify the proposed plan. (b) When the plan is approved by the court and executed by the commissioner, the commissioner shall be discharged and the receivership terminated. Acts 1983, No. 342, § 15; A.S.A. 1947, § 77-1357.

(a) (1) In the event the approved plan of disposition requires the sale of stored grain or the distribution of proceeds from the surety bond, or both, the Public Grain Warehouse Commissioner shall submit to the court a proposed plan of distribution of those proceeds. (2) Upon such notice and hearing as may be required by the court, the court shall accept or modify the proposed plan.

(1) In the event the approved plan of disposition requires the sale of stored grain or the distribution of proceeds from the surety bond, or both, the Public Grain Warehouse Commissioner shall submit to the court a proposed plan of distribution of those proceeds.

(2) Upon such notice and hearing as may be required by the court, the court shall accept or modify the proposed plan.

(b) When the plan is approved by the court and executed by the commissioner, the commissioner shall be discharged and the receivership terminated.

Acts 1983, No. 342, § 15; A.S.A. 1947, § 77-1357.
Ark. Code Ann. § 2-20-111 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-111
Unlawful actions - Improper influence
Status: in_force

(a) It shall be unlawful for any inspector, employee, or agent employed under the provisions of this subchapter, or any inspector licensed under it, to: (1) Knowingly inspect, grade, or classify improperly any agricultural product; (2) Knowingly give any incorrect certificate of grade, classification, quality, or condition; or (3) Accept money or other consideration, directly or indirectly, for any incorrect or improper performance of duty. (b) It shall be unlawful for any person to improperly influence or attempt to improperly influence any inspector, employee, agent, or licensed inspector in the performance of his or her duties. Acts 1925, No. 218, § 11; Pope's Dig., § 12394; A.S.A. 1947, § 77-511.

(a) It shall be unlawful for any inspector, employee, or agent employed under the provisions of this subchapter, or any inspector licensed under it, to: (1) Knowingly inspect, grade, or classify improperly any agricultural product; (2) Knowingly give any incorrect certificate of grade, classification, quality, or condition; or (3) Accept money or other consideration, directly or indirectly, for any incorrect or improper performance of duty.

(1) Knowingly inspect, grade, or classify improperly any agricultural product;

(2) Knowingly give any incorrect certificate of grade, classification, quality, or condition; or

(3) Accept money or other consideration, directly or indirectly, for any incorrect or improper performance of duty.

(b) It shall be unlawful for any person to improperly influence or attempt to improperly influence any inspector, employee, agent, or licensed inspector in the performance of his or her duties.

Acts 1925, No. 218, § 11; Pope's Dig., § 12394; A.S.A. 1947, § 77-511.
Ark. Code Ann. § 2-3-107 — AR Code / Title 2 / Chapter 3 / Section 2-3-107
[Suspended See Note] Private right of enforcement
Status: in_force

If the Attorney General refuses to bring an action provided for or authorized by this chapter, any person claiming a violation therefor, upon notice to the Attorney General, may apply to the court for leave to bring the action in his or her own name and may bring the action if leave therefor is granted. Acts 1979, No. 1096, § 6; A.S.A. 1947, § 77-2206. 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 .

If the Attorney General refuses to bring an action provided for or authorized by this chapter, any person claiming a violation therefor, upon notice to the Attorney General, may apply to the court for leave to bring the action in his or her own name and may bring the action if leave therefor is granted.

Acts 1979, No. 1096, § 6; A.S.A. 1947, § 77-2206.

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. § 2-34-107 — AR Code / Title 2 / Chapter 34 / Subchapter 1 / Section 2-34-107
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 24, eff. 8/1/2017. Added by Act 2015, No. 965,§ 2, eff. 7/22/2015.

Repealed by Act 2017, No. 1011,§ 24, eff. 8/1/2017.

Added by Act 2015, No. 965,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 2-9-104 — AR Code / Title 2 / Chapter 9 / Section 2-9-104
Powers
Status: in_force

The Arkansas Catfish Promotion Board may: (1) Plan and conduct a program of research, market development, and advertising designed to promote the catfish industry in Arkansas; (2) Use funds derived from the assessments imposed in this chapter for research, extension, market development, and advertising designed to promote the catfish industry in Arkansas, including salaries and administration expenses; (3) Have perpetual succession as a body politic and corporate and adopt bylaws for the regulation of its affairs and the conduct of its business; (4) Prescribe rules and policies in connection with the performance of its functions and duties; (5) Sue and be sued in its own name; (6) Purchase, sell, or lease property of every description, real, personal, or mixed, including buildings or other facilities and equipment for the conduct of its business; (7) Execute contracts and other instruments necessary or convenient in the exercise of its powers and functions; and (8) Do any other acts and things necessary or convenient to carry out the purposes of this chapter and to exercise the powers granted by this chapter. Acts 1999, No. 790, § 5.

The Arkansas Catfish Promotion Board may:

(1) Plan and conduct a program of research, market development, and advertising designed to promote the catfish industry in Arkansas;

(2) Use funds derived from the assessments imposed in this chapter for research, extension, market development, and advertising designed to promote the catfish industry in Arkansas, including salaries and administration expenses;

(3) Have perpetual succession as a body politic and corporate and adopt bylaws for the regulation of its affairs and the conduct of its business;

(4) Prescribe rules and policies in connection with the performance of its functions and duties;

(5) Sue and be sued in its own name;

(6) Purchase, sell, or lease property of every description, real, personal, or mixed, including buildings or other facilities and equipment for the conduct of its business;

(7) Execute contracts and other instruments necessary or convenient in the exercise of its powers and functions; and

(8) Do any other acts and things necessary or convenient to carry out the purposes of this chapter and to exercise the powers granted by this chapter.

Acts 1999, No. 790, § 5.
Ark. Code Ann. § 2-38-407 — AR Code / Title 2 / Chapter 38 / Subchapter 4 / Section 2-38-407
Sale of unclaimed livestock
Status: in_force

If, at the expiration of three (3) months after notice was first posted, livestock found running at large along or on any public highway has not been claimed by its true owner, then it shall be the duty of the sheriff to sell the livestock at public sale to the highest bidder after posting notice of sale in the courthouse for five (5) days. Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023. Acts 1955, No. 145, § 7; A.S.A. 1947, § 78-1150.

If, at the expiration of three (3) months after notice was first posted, livestock found running at large along or on any public highway has not been claimed by its true owner, then it shall be the duty of the sheriff to sell the livestock at public sale to the highest bidder after posting notice of sale in the courthouse for five (5) days.

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

Acts 1955, No. 145, § 7; A.S.A. 1947, § 78-1150.
Ark. Code Ann. § 2-17-228 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-228
Return of receipt
Status: in_force

(a) Except as permitted by law or by the rules in this subchapter, a warehouseman shall not deliver grain for which he or she has issued a negotiable receipt until the receipt has been returned to him or her and cancelled. He or she shall not deliver grain for which he or she has issued a nonnegotiable receipt until the receipt has been returned to him or her or until he or she has obtained a written order for the receipt from the person lawfully entitled to the delivery or his or her authorized agent. (b) Before delivery is made of the last portion of a lot of grain covered by a nonnegotiable receipt, the receipt itself shall be surrendered. Acts 1979, No. 83, § 33; A.S.A. 1947, § 77-1333.

(a) Except as permitted by law or by the rules in this subchapter, a warehouseman shall not deliver grain for which he or she has issued a negotiable receipt until the receipt has been returned to him or her and cancelled. He or she shall not deliver grain for which he or she has issued a nonnegotiable receipt until the receipt has been returned to him or her or until he or she has obtained a written order for the receipt from the person lawfully entitled to the delivery or his or her authorized agent.

(b) Before delivery is made of the last portion of a lot of grain covered by a nonnegotiable receipt, the receipt itself shall be surrendered.

Acts 1979, No. 83, § 33; A.S.A. 1947, § 77-1333.
Ark. Code Ann. § 2-1-201 — AR Code / Title 2 / Chapter 1 / Subchapter 2 / Section 2-1-201
[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; 2009, No. 543, § 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; 2009, No. 543, § 1.
Ark. Code Ann. § 2-2-302 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-302
Provisions supplemental
Status: in_force

(a) The provisions of this subchapter shall be supplemental to, and part of, §§ 2-2-101 - 2-2-124 , 2-2-201 , and 2-2-202 , and legislation amendatory and supplemental to these provisions relating to agricultural cooperative associations. (b) The definitions of terms in § 2-2-102 shall be equally applicable with respect to terms used in this subchapter. Acts 1981, No. 121, § 14; 1985, No. 385, § 10; A.S.A. 1947, § 77-1040.

(a) The provisions of this subchapter shall be supplemental to, and part of, §§ 2-2-101 - 2-2-124 , 2-2-201 , and 2-2-202 , and legislation amendatory and supplemental to these provisions relating to agricultural cooperative associations.

(b) The definitions of terms in § 2-2-102 shall be equally applicable with respect to terms used in this subchapter.

Acts 1981, No. 121, § 14; 1985, No. 385, § 10; A.S.A. 1947, § 77-1040.
Ark. Code Ann. § 2-9-101 — AR Code / Title 2 / Chapter 9 / Section 2-9-101
Purpose
Status: in_force

The purpose of this chapter is to promote the growth and development of the catfish industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas. Acts 1999, No. 790, § 1.

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

Acts 1999, No. 790, § 1.
Ark. Code Ann. § 2-17-222 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-222
Preparation of forms for warehouse receipts
Status: in_force

(a) The Public Grain Warehouse Commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized. (b) The commissioner shall be authorized to have printed all warehouse receipts issued by public grain warehousemen. (c) The cost of printing and distribution of warehouse receipts shall be charged to the grain warehouse. Acts 1979, No. 83, § 27; A.S.A. 1947, § 77-1327.

(a) The Public Grain Warehouse Commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized.

(b) The commissioner shall be authorized to have printed all warehouse receipts issued by public grain warehousemen.

(c) The cost of printing and distribution of warehouse receipts shall be charged to the grain warehouse.

Acts 1979, No. 83, § 27; A.S.A. 1947, § 77-1327.
Ark. Code Ann. § 2-16-107 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-107
Rules
Status: in_force

The State Plant Board is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by §§ 2-16-407(f) , 2-17-213 , 2-17-238 , 2-19-209(a) , and 2-19-307(a) and is directed to prescribe and collect such fees, rates, tolls, or charges for the services delivered by the board in such manner as may be necessary to support the programs of the board as directed by the Governor and the General Assembly. Acts 1993, No. 783, § 9.

The State Plant Board is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by §§ 2-16-407(f) , 2-17-213 , 2-17-238 , 2-19-209(a) , and 2-19-307(a) and is directed to prescribe and collect such fees, rates, tolls, or charges for the services delivered by the board in such manner as may be necessary to support the programs of the board as directed by the Governor and the General Assembly.

Acts 1993, No. 783, § 9.
Ark. Code Ann. § 2-40-826 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-826
Equine infectious anemia services
Status: in_force

(a) In order to fund or partially fund the Equine Infectious Anemia Control and Eradication Program, the Arkansas Livestock and Poultry Commission may, by appropriately adopted administrative rules, design and maintain a fee structure for the purpose of defraying the cost of services performed. (b) The fees collected shall be deposited into the State Treasury as special revenues and shall be credited to the Livestock and Poultry Equine Infectious Anemia Control Fund created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. Acts 1997, No. 1306, § 26.

(a) In order to fund or partially fund the Equine Infectious Anemia Control and Eradication Program, the Arkansas Livestock and Poultry Commission may, by appropriately adopted administrative rules, design and maintain a fee structure for the purpose of defraying the cost of services performed.

(b) The fees collected shall be deposited into the State Treasury as special revenues and shall be credited to the Livestock and Poultry Equine Infectious Anemia Control Fund created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

Acts 1997, No. 1306, § 26.
Ark. Code Ann. § 2-35-207 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-207
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 13; Pope's Dig., § 3240; A.S.A. 1947, § 78-913.

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

Acts 1937, No. 206, § 13; Pope's Dig., § 3240; A.S.A. 1947, § 78-913.
Ark. Code Ann. § 2-16-301 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-301
Title
Status: in_force

This subchapter shall be known as the "Arkansas Emergency Plant Act of 1921". Acts 1921, No. 519, § 1; A.S.A. 1947, § 77-117.

This subchapter shall be known as the "Arkansas Emergency Plant Act of 1921".

Acts 1921, No. 519, § 1; A.S.A. 1947, § 77-117.
Ark. Code Ann. § 2-16-204 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-204
Actions of agents
Status: in_force

In construing and enforcing the provisions of this subchapter, the act, omission, or failure of any official agent or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall, in every case, also be deemed the act, omission, or failure of the person, association, partnership, or corporation as well as that of the person. Acts 1917, No. 414, § 16; C. & M. Dig., § 8039; Pope's Dig., § 12347; A.S.A. 1947, § 77-115.

In construing and enforcing the provisions of this subchapter, the act, omission, or failure of any official agent or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall, in every case, also be deemed the act, omission, or failure of the person, association, partnership, or corporation as well as that of the person.

Acts 1917, No. 414, § 16; C. & M. Dig., § 8039; Pope's Dig., § 12347; A.S.A. 1947, § 77-115.
Ark. Code Ann. § 2-20-402 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-402
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Board" means the Arkansas Soybean Promotion Board created under this subchapter; (2) "Net market price" means: (A) The sales price or value received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors, as determined by the secretary; or (B) For soybeans pledged as collateral for a loan issued under any price support loan program administered by the Commodity Credit Corporation, the principal amount of the loan; (3) "Secretary" means the United States Secretary of Agriculture; (4) "Soybean Promotion, Research and Consumer Information Act" means the federal Soybean Promotion, Research and Consumer Information Act of 1990, Subtitle E of Title XIX, of the Food, Agriculture, Conservation and Trade Act of 1990, P.L. No. 101-624, as amended from time to time, and any order issued pursuant thereto by the secretary; and (5) "United Soybean Board" means the United Soybean Board created by the Soybean Promotion, Research and Consumer Information Act. Acts 1991, No. 340, § 2.

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

(1) "Board" means the Arkansas Soybean Promotion Board created under this subchapter;

(2) "Net market price" means: (A) The sales price or value received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors, as determined by the secretary; or (B) For soybeans pledged as collateral for a loan issued under any price support loan program administered by the Commodity Credit Corporation, the principal amount of the loan;

(A) The sales price or value received by a producer for soybeans after adjustments for any premium or discount based on grading or quality factors, as determined by the secretary; or

(B) For soybeans pledged as collateral for a loan issued under any price support loan program administered by the Commodity Credit Corporation, the principal amount of the loan;

(3) "Secretary" means the United States Secretary of Agriculture;

(4) "Soybean Promotion, Research and Consumer Information Act" means the federal Soybean Promotion, Research and Consumer Information Act of 1990, Subtitle E of Title XIX, of the Food, Agriculture, Conservation and Trade Act of 1990, P.L. No. 101-624, as amended from time to time, and any order issued pursuant thereto by the secretary; and

(5) "United Soybean Board" means the United Soybean Board created by the Soybean Promotion, Research and Consumer Information Act.

Acts 1991, No. 340, § 2.
Ark. Code Ann. § 2-9-105 — AR Code / Title 2 / Chapter 9 / Section 2-9-105
Funding applications
Status: in_force

Disbursement of funds generated by this chapter shall be made only upon motion formally adopted by the Arkansas Catfish Promotion Board and presented to the Treasurer of State and only for the purpose prescribed in this chapter. Acts 1999, No. 790, § 6; 2001, No. 215, § 1.

Disbursement of funds generated by this chapter shall be made only upon motion formally adopted by the Arkansas Catfish Promotion Board and presented to the Treasurer of State and only for the purpose prescribed in this chapter.

Acts 1999, No. 790, § 6; 2001, No. 215, § 1.
Ark. Code Ann. § 2-11-104 — AR Code / Title 2 / Chapter 11 / Section 2-11-104
Assumption of risk by participant
Status: in_force

Except as provided in § 2-11-105 , a participant assumes the inherent risk of an agritourism activity by engaging in the agritourism activity. Acts 2011, No. 1024, § 1.

Except as provided in § 2-11-105 , a participant assumes the inherent risk of an agritourism activity by engaging in the agritourism activity.

Acts 2011, No. 1024, § 1.
Ark. Code Ann. § 2-36-209 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-209
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1973, No. 317, § 4; A.S.A. 1947, § 78-1613.

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

Acts 1973, No. 317, § 4; A.S.A. 1947, § 78-1613.
Ark. Code Ann. § 2-2-409 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-409
Amendments to articles
Status: in_force

(a) The articles of incorporation may be altered or amended at any regular meeting or at any special meeting called for that purpose. (b) Amendments to the articles of incorporation when so adopted shall be certified to by the president and secretary of the association and shall be filed with the Secretary of State. Acts 1921, No. 116, § 9; Pope's Dig., § 2294; Acts 1961, No. 470, § 1; A.S.A. 1947, § 77-909.

(a) The articles of incorporation may be altered or amended at any regular meeting or at any special meeting called for that purpose.

(b) Amendments to the articles of incorporation when so adopted shall be certified to by the president and secretary of the association and shall be filed with the Secretary of State.

Acts 1921, No. 116, § 9; Pope's Dig., § 2294; Acts 1961, No. 470, § 1; A.S.A. 1947, § 77-909.
Ark. Code Ann. § 2-35-209 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-209
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 5; Pope's Dig., § 3232; A.S.A. 1947, § 78-905.

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

Acts 1937, No. 206, § 5; Pope's Dig., § 3232; A.S.A. 1947, § 78-905.
Ark. Code Ann. § 2-2-124 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-124
Filing fees
Status: in_force

For filing articles of association, an association organized under this subchapter shall pay five dollars ($5.00), and it shall pay two dollars and fifty cents ($2.50) for filing an amendment to the articles. Acts 1939, No. 153, § 25; A.S.A. 1947, § 77-1024.

For filing articles of association, an association organized under this subchapter shall pay five dollars ($5.00), and it shall pay two dollars and fifty cents ($2.50) for filing an amendment to the articles.

Acts 1939, No. 153, § 25; A.S.A. 1947, § 77-1024.
Ark. Code Ann. § 2-6-114 — AR Code / Title 2 / Chapter 6 / Section 2-6-114
Receivership - Designee - Duties of secretary
Status: in_force

The Secretary of the Department of Agriculture may designate an employee to appear on behalf of the secretary in any proceedings before the court with respect to the receivership, and to exercise the functions of the secretary as receiver, except that the secretary shall determine whether or not to petition for the appointment as receiver, shall approve the proposed plan for disposition of processed catfish, shall approve the proposed plan for distribution of any cash proceeds, and shall approve the proposed final report. Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

The Secretary of the Department of Agriculture may designate an employee to appear on behalf of the secretary in any proceedings before the court with respect to the receivership, and to exercise the functions of the secretary as receiver, except that the secretary shall determine whether or not to petition for the appointment as receiver, shall approve the proposed plan for disposition of processed catfish, shall approve the proposed plan for distribution of any cash proceeds, and shall approve the proposed final report.

Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023.

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-40-802 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-802
Penalties and fines
Status: in_force

Any person, firm, or corporation who violates any provision of this subchapter shall be subject to an administrative penalty. Amended by Act 2017, No. 1011,§ 66, eff. 8/1/2017. Acts 1997, No. 1306, § 24; 2001, No. 540, § 2.

Any person, firm, or corporation who violates any provision of this subchapter shall be subject to an administrative penalty.

Amended by Act 2017, No. 1011,§ 66, eff. 8/1/2017.

Acts 1997, No. 1306, § 24; 2001, No. 540, § 2.
Ark. Code Ann. § 2-20-701 — AR Code / Title 2 / Chapter 20 / Subchapter 7 / Section 2-20-701
Authority to regulate
Status: in_force

Effective July 1, 1985, the State Plant Board shall have the authority and responsibility to regulate the harvesting, sale, artificial propagation, and exportation of Panax quinquefolius, referred to in this subchapter as "ginseng". Acts 1985, No. 774, § 1; A.S.A. 1947, § 77-140.

Effective July 1, 1985, the State Plant Board shall have the authority and responsibility to regulate the harvesting, sale, artificial propagation, and exportation of Panax quinquefolius, referred to in this subchapter as "ginseng".

Acts 1985, No. 774, § 1; A.S.A. 1947, § 77-140.
Ark. Code Ann. § 2-20-505 — AR Code / Title 2 / Chapter 20 / Subchapter 5 / Section 2-20-505
Arkansas Rice Research and Promotion Board
Status: in_force

(a) The Arkansas Rice Research and Promotion Board is created. (b) (1) The board shall be composed of nine (9) rice producer members to be appointed by the Governor and confirmed by the Senate. (2) All of the nine (9) producer members of the board shall be actively and principally engaged in the production of rice. (3) Four (4) members of the board shall be designated representatives of the Arkansas rice merchant and milling industry. (4) Each member selected shall serve for a term of two (2) years and until his or her successor is duly selected as provided in this section. (c) (1) The members of the board shall meet and 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. (2) All officers shall serve for a period of one (1) year and until their successors are duly elected. (d) The board may establish rules for its own government and for the administration of affairs of the board. (e) The resident agent of the board shall be the Secretary of the Department of Agriculture, or his or her designee. (f) The Department of Agriculture shall provide administrative support to the board. Amended by Act 2023, No. 712,§ 4, eff. 7/1/2023. Acts 1985, No. 725, § 3; A.S.A. 1947, § 77-2503; Acts 1999, No. 16, § 2.

(a) The Arkansas Rice Research and Promotion Board is created.

(b) (1) The board shall be composed of nine (9) rice producer members to be appointed by the Governor and confirmed by the Senate. (2) All of the nine (9) producer members of the board shall be actively and principally engaged in the production of rice. (3) Four (4) members of the board shall be designated representatives of the Arkansas rice merchant and milling industry. (4) Each member selected shall serve for a term of two (2) years and until his or her successor is duly selected as provided in this section.

(1) The board shall be composed of nine (9) rice producer members to be appointed by the Governor and confirmed by the Senate.

(2) All of the nine (9) producer members of the board shall be actively and principally engaged in the production of rice.

(3) Four (4) members of the board shall be designated representatives of the Arkansas rice merchant and milling industry.

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

(c) (1) The members of the board shall meet and 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. (2) All officers shall serve for a period of one (1) year and until their successors are duly elected.

(1) The members of the board shall meet and 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.

(2) All officers shall serve for a period of one (1) year and until their successors are duly elected.

(d) The board may establish rules for its own government and for the administration of affairs of the board.

(e) The resident agent of the board shall be the Secretary of the Department of Agriculture, or his or her designee.

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

Amended by Act 2023, No. 712,§ 4, eff. 7/1/2023.

Acts 1985, No. 725, § 3; A.S.A. 1947, § 77-2503; Acts 1999, No. 16, § 2.
Ark. Code Ann. § 2-40-809 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-809
Requirements for Arkansas-approved equine infectious anemia testing laboratories
Status: in_force

No person, firm, or corporation shall initiate operation of an equine infectious anemia testing laboratory without first obtaining approval from the Arkansas Livestock and Poultry Commission. Acts 1997, No. 1306, § 7.

No person, firm, or corporation shall initiate operation of an equine infectious anemia testing laboratory without first obtaining approval from the Arkansas Livestock and Poultry Commission.

Acts 1997, No. 1306, § 7.
Ark. Code Ann. § 2-35-206 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-206
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 3; Pope's Dig., § 3230; A.S.A. 1947, § 78-903.

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

Acts 1937, No. 206, § 3; Pope's Dig., § 3230; A.S.A. 1947, § 78-903.
Ark. Code Ann. § 2-11-107 — AR Code / Title 2 / Chapter 11 / Section 2-11-107
Warning required
Status: in_force

(a) At each agritourism activity, the agritourism activity operator shall post and maintain signage in a clearly visible location at or near the main entrance to the agritourism activity and in black letters at least one inch (1") in height containing the following warning: "WARNING - Under Arkansas law, an agritourism activity operator is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of agritourism activities. Inherent risks include without limitation the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity." (b) The agritourism activity operator shall include, in clearly visible print, the warning contained in subsection (a) of this section in a written contract between the agritourism activity operator and each participant. (c) At each agritourism activity, the agritourism operator shall post and maintain signage of a specific or known hazard in the particular area on or surrounding the agritourism activity. Acts 2011, No. 1024, § 1.

(a) At each agritourism activity, the agritourism activity operator shall post and maintain signage in a clearly visible location at or near the main entrance to the agritourism activity and in black letters at least one inch (1") in height containing the following warning: "WARNING - Under Arkansas law, an agritourism activity operator is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of agritourism activities. Inherent risks include without limitation the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity."

"WARNING - Under Arkansas law, an agritourism activity operator is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of agritourism activities. Inherent risks include without limitation the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity."

(b) The agritourism activity operator shall include, in clearly visible print, the warning contained in subsection (a) of this section in a written contract between the agritourism activity operator and each participant.

(c) At each agritourism activity, the agritourism operator shall post and maintain signage of a specific or known hazard in the particular area on or surrounding the agritourism activity.

Acts 2011, No. 1024, § 1.
Ark. Code Ann. § 2-19-210 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-210
Rules
Status: in_force

(a) The State Plant Board shall have authority to establish rules in regard to the enforcement of this subchapter and in regard to inspection, analysis, and sale of fertilizer or fertilizer materials that shall not be inconsistent with the provisions of this subchapter. (b) The Department of Agriculture or its authorized representatives shall have authority to stop the sale of any fertilizer or fertilizer material when the sale is found in violation of this subchapter, or of the rules of the board made in accordance with this subchapter, or when it has reason to suspect that the sale is in violation of this subchapter or of the board's rules. Amended by Act 2021, No. 557,§ 9, eff. 7/28/2021. Acts 1951, No. 106, § 8; A.S.A. 1947, § 77-711.

(a) The State Plant Board shall have authority to establish rules in regard to the enforcement of this subchapter and in regard to inspection, analysis, and sale of fertilizer or fertilizer materials that shall not be inconsistent with the provisions of this subchapter.

(b) The Department of Agriculture or its authorized representatives shall have authority to stop the sale of any fertilizer or fertilizer material when the sale is found in violation of this subchapter, or of the rules of the board made in accordance with this subchapter, or when it has reason to suspect that the sale is in violation of this subchapter or of the board's rules.

Amended by Act 2021, No. 557,§ 9, eff. 7/28/2021.

Acts 1951, No. 106, § 8; A.S.A. 1947, § 77-711.
Ark. Code Ann. § 2-17-408 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-408
Arkansas Administrative Procedure Act
Status: in_force

The actions of the Public Grain Warehouse Commissioner in connection with petitioning for appointment as a receiver and all actions under such appointment shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1983, No. 342, § 8; A.S.A. 1947, § 77-1350.

The actions of the Public Grain Warehouse Commissioner in connection with petitioning for appointment as a receiver and all actions under such appointment shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1983, No. 342, § 8; A.S.A. 1947, § 77-1350.
Ark. Code Ann. § 2-33-109 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-109
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 8, eff. 8/1/2017. Acts 1963, No. 87, § 10; A.S.A. 1947, § 78-310.

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

Acts 1963, No. 87, § 10; A.S.A. 1947, § 78-310.
Ark. Code Ann. § 2-4-106 — AR Code / Title 2 / Chapter 4 / Section 2-4-106
Actions for injuries or damages not affected
Status: in_force

The provisions of this chapter shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of or change in the condition of the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation. Acts 1981, No. 301, § 4; A.S.A. 1947, § 34-123.

The provisions of this chapter shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of or change in the condition of the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.

Acts 1981, No. 301, § 4; A.S.A. 1947, § 34-123.
Ark. Code Ann. § 2-40-209 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-209
Quarantine - Violations
Status: in_force

(a) The Arkansas Livestock and Poultry Commission is authorized to adopt appropriate rules regarding the isolation or quarantine of infected, exposed, or suspected infected livestock or poultry. (b) Any person or entity who violates the quarantine rules lawfully promulgated by the commission shall be subject to an administrative penalty. Amended by Act 2017, No. 1011,§ 51, eff. 8/1/2017. Acts 1985, No. 150, § 4; 1985, No. 151, § 4; A.S.A. 1947, § 78-478.

(a) The Arkansas Livestock and Poultry Commission is authorized to adopt appropriate rules regarding the isolation or quarantine of infected, exposed, or suspected infected livestock or poultry.

(b) Any person or entity who violates the quarantine rules lawfully promulgated by the commission shall be subject to an administrative penalty.

Amended by Act 2017, No. 1011,§ 51, eff. 8/1/2017.

Acts 1985, No. 150, § 4; 1985, No. 151, § 4; A.S.A. 1947, § 78-478.
Ark. Code Ann. § 2-15-304 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-304
Perfection of grain, soybean, or peanut lien
Status: in_force

An owner's lien is perfected automatically from July 22, 2015 or the date a sales agreement is executed after July 22, 2015 without the need to file a financing statement or other type of documentation. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

An owner's lien is perfected automatically from July 22, 2015 or the date a sales agreement is executed after July 22, 2015 without the need to file a financing statement or other type of documentation.

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-35-302 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-302
Penalty
Status: in_force

(a) (1) A buyer who fails to file a report or pay any assessment within a required time set by the Director of the Department of Finance and Administration shall forfeit to the director a penalty of five percent (5%) of the assessment determined to be due plus one percent (1%) for each month of delay, or fraction of a month, after the first month after the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the director and shall be disposed of by him or her in the same manner as funds derived from payment of assessments imposed in this subchapter. (b) The director shall collect the penalty levied in this section, together with the delinquent assessment, by any or 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 buyer owing the assessment or penalty from operating his or her business or engaging in business as a buyer of cattle until the delinquent assessment or penalty is paid. (c) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the records relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent inspection shall be guilty of a violation and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500). Acts 1983, No. 160, § 9; A.S.A. 1947, § 78-1909; Acts 2005, No. 1994, § 19.

(a) (1) A buyer who fails to file a report or pay any assessment within a required time set by the Director of the Department of Finance and Administration shall forfeit to the director a penalty of five percent (5%) of the assessment determined to be due plus one percent (1%) for each month of delay, or fraction of a month, after the first month after the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the director and shall be disposed of by him or her in the same manner as funds derived from payment of assessments imposed in this subchapter.

(1) A buyer who fails to file a report or pay any assessment within a required time set by the Director of the Department of Finance and Administration shall forfeit to the director a penalty of five percent (5%) of the assessment determined to be due plus one percent (1%) for each month of delay, or fraction of a month, after the first month after the report was required to be filed or the assessment became due.

(2) The penalty shall be paid to the director and shall be disposed of by him or her in the same manner as funds derived from payment of assessments imposed in this subchapter.

(b) The director shall collect the penalty levied in this section, together with the delinquent assessment, by any or 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 buyer owing the assessment or penalty from operating his or her business or engaging in business as a buyer of cattle 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 buyer owing the assessment or penalty from operating his or her business or engaging in business as a buyer of cattle until the delinquent assessment or penalty is paid.

(c) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the records relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent inspection shall be guilty of a violation and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500).

Acts 1983, No. 160, § 9; A.S.A. 1947, § 78-1909; Acts 2005, No. 1994, § 19.
Ark. Code Ann. § 2-20-705 — AR Code / Title 2 / Chapter 20 / Subchapter 7 / Section 2-20-705
Artificial propagation fee
Status: in_force

(a) A fee of twenty-five dollars ($25.00) shall be assessed persons artificially propagating ginseng for sale. (b) The fee will be assessed annually and will accompany the request for nursery certification. Acts 1985, No. 774, § 4; A.S.A. 1947, § 77-143.

(a) A fee of twenty-five dollars ($25.00) shall be assessed persons artificially propagating ginseng for sale.

(b) The fee will be assessed annually and will accompany the request for nursery certification.

Acts 1985, No. 774, § 4; A.S.A. 1947, § 77-143.