Ark. Code Ann. § 2-17-233 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-233
Duty to maintain quality of grain
Status: in_force

(a) It shall be the public grain warehouseman's duty and obligation to condition and maintain the quantity and quality of all grain as receipted. (b) (1) If the condition of any grain offered for storage is such that it probably will adversely affect the condition of grain in the public grain warehouse, the public grain warehouseman shall not receive the grain for storage or store the grain. (2) If the public grain warehouse has separate bins or is equipped with proper conditioning apparatus, the public grain warehouseman may receive the grain for storage in separate bins or may condition it and then store it in a manner which will not lower the grade of other grain. Acts 1979, No. 83, § 19; A.S.A. 1947, § 77-1319.

(a) It shall be the public grain warehouseman's duty and obligation to condition and maintain the quantity and quality of all grain as receipted.

(b) (1) If the condition of any grain offered for storage is such that it probably will adversely affect the condition of grain in the public grain warehouse, the public grain warehouseman shall not receive the grain for storage or store the grain. (2) If the public grain warehouse has separate bins or is equipped with proper conditioning apparatus, the public grain warehouseman may receive the grain for storage in separate bins or may condition it and then store it in a manner which will not lower the grade of other grain.

(1) If the condition of any grain offered for storage is such that it probably will adversely affect the condition of grain in the public grain warehouse, the public grain warehouseman shall not receive the grain for storage or store the grain.

(2) If the public grain warehouse has separate bins or is equipped with proper conditioning apparatus, the public grain warehouseman may receive the grain for storage in separate bins or may condition it and then store it in a manner which will not lower the grade of other grain.

Acts 1979, No. 83, § 19; A.S.A. 1947, § 77-1319.
Ark. Code Ann. § 2-19-203 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-203
Sale of unregistered fertilizer
Status: in_force

(a) It shall be unlawful for any manufacturer, individual, corporation, or company, either by themselves or agents, to sell or offer for sale in this state any fertilizer brand or fertilizer materials that have not been registered with and the registration approved by the State Plant Board or its authorized representative, as required by this subchapter. (b) The fact that the purchaser waives the inspection and analysis thereof shall be no protection to the party selling or offering for sale fertilizer brands or fertilizer materials. (c) It shall be unlawful for any manufacturers, jobbers, blenders, and manipulators of commercial fertilizers and of fertilizer materials, whether an individual, corporation, or company, either by themselves or by their agents, to sell or offer for sale in this state any fertilizer brand or fertilizer materials that were manufactured at an unlicensed fertilizer blending or bulk storage facility, as required by this subchapter. Acts 1951, No. 106, § 5; A.S.A. 1947, § 77-708; Acts 1991, No. 189, § 2.

(a) It shall be unlawful for any manufacturer, individual, corporation, or company, either by themselves or agents, to sell or offer for sale in this state any fertilizer brand or fertilizer materials that have not been registered with and the registration approved by the State Plant Board or its authorized representative, as required by this subchapter.

(b) The fact that the purchaser waives the inspection and analysis thereof shall be no protection to the party selling or offering for sale fertilizer brands or fertilizer materials.

(c) It shall be unlawful for any manufacturers, jobbers, blenders, and manipulators of commercial fertilizers and of fertilizer materials, whether an individual, corporation, or company, either by themselves or by their agents, to sell or offer for sale in this state any fertilizer brand or fertilizer materials that were manufactured at an unlicensed fertilizer blending or bulk storage facility, as required by this subchapter.

Acts 1951, No. 106, § 5; A.S.A. 1947, § 77-708; Acts 1991, No. 189, § 2.
Ark. Code Ann. § 2-2-418 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-418
Matters referred to entire membership
Status: in_force

Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting. A special meeting may be called for that purpose. Acts 1921, No. 116, § 16; Pope's Dig., § 2301; A.S.A. 1947, § 77-916.

Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting. A special meeting may be called for that purpose.

Acts 1921, No. 116, § 16; Pope's Dig., § 2301; A.S.A. 1947, § 77-916.
Ark. Code Ann. § 2-16-614 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-614
Referendum - Assessments
Status: in_force

(a) (1) At the request of the certified cotton growers' organization, the State Plant Board may authorize a referendum among cotton growers in a designated region on the question of whether an assessment shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, preeradication, eradication, or maintenance programs authorized by this subchapter or any other law of this state. (2) The program shall be designed on a regional basis to reflect the differences in boll weevil infestation and the relative costs of financing boll weevil suppression and eradication programs in the respective regions. (b) (1) The assessment levied under this subchapter shall be based upon the number of acres of cotton planted in the eradication area. (2) The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid, and the geographical area to be covered by the assessment shall be determined by the board and established by rules under this section. (3) The annual assessment shall not exceed fifty dollars ($50.00) per acre. (c) (1) All affected cotton growers shall be entitled to vote in any such referendum; provided, however, that the affected cotton growers produced a cotton crop for harvest, or had an interest therein, in the designated region conducting the referendum in the crop year immediately preceding the year in which the referendum is conducted. (2) A cotton grower may vote through a power of attorney evidenced in writing, including, but not limited to, a power of attorney recognized by the United States Farm Service Agency or its successor. The board or its cooperators shall determine any questions of eligibility to vote. (3) Each person who is eligible to vote in the referendum shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression and eradication program. (4) Passage of the referendum shall require an affirmative vote of two-thirds (2/3) of those voting in the referendum. (d) (1) The assessments approved under this subchapter shall be collected by the certified cotton growers' organization or such other agency or entity designated by the Department of Agriculture from the affected cotton growers. (2) The assessments collected by the department or such other agency or entity designated by the department under this subchapter shall be promptly remitted to the certified cotton growers' organization under such terms and conditions as the department shall deem necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil. (e) The certified organization shall provide to the department an annual audit of its accounts performed by a certified public accountant. (f) The assessments collected by the department under this subchapter shall not be state funds. (g) (1) In addition to the authority granted in this section for a referendum among cotton growers, the department may conduct a separate referendum among cotton growers in the southwest corner of the state, within boundaries to be defined by the board on the question of whether an assessment shall be levied upon cotton growers in the defined area to provide funds to fund in whole or in part the cost of a boll weevil suppression or eradication program. (2) Any such regional referendum shall be conducted in the same manner as any other referendum authorized in this section, and any assessments levied pursuant to such a referendum shall be subject to the same uses and limitations and shall be made, collected, and remitted in the same manner as assessments levied pursuant to any other referenda conducted under this subchapter. Amended by Act 2023, No. 691,§ 28, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 27, eff. 7/1/2023. Acts 1991, No. 710, § 14; 1993, No. 854, § 4; 1995, No. 529, § 2; 1997, No. 330, § 7.

(a) (1) At the request of the certified cotton growers' organization, the State Plant Board may authorize a referendum among cotton growers in a designated region on the question of whether an assessment shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, preeradication, eradication, or maintenance programs authorized by this subchapter or any other law of this state. (2) The program shall be designed on a regional basis to reflect the differences in boll weevil infestation and the relative costs of financing boll weevil suppression and eradication programs in the respective regions.

(1) At the request of the certified cotton growers' organization, the State Plant Board may authorize a referendum among cotton growers in a designated region on the question of whether an assessment shall be levied upon cotton growers in that region to offset, in whole or in part, the cost of boll weevil suppression, preeradication, eradication, or maintenance programs authorized by this subchapter or any other law of this state.

(2) The program shall be designed on a regional basis to reflect the differences in boll weevil infestation and the relative costs of financing boll weevil suppression and eradication programs in the respective regions.

(b) (1) The assessment levied under this subchapter shall be based upon the number of acres of cotton planted in the eradication area. (2) The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid, and the geographical area to be covered by the assessment shall be determined by the board and established by rules under this section. (3) The annual assessment shall not exceed fifty dollars ($50.00) per acre.

(1) The assessment levied under this subchapter shall be based upon the number of acres of cotton planted in the eradication area.

(2) The amount of the assessment, the period of time for which it shall be levied, how it shall be levied, when it shall be paid, and the geographical area to be covered by the assessment shall be determined by the board and established by rules under this section.

(3) The annual assessment shall not exceed fifty dollars ($50.00) per acre.

(c) (1) All affected cotton growers shall be entitled to vote in any such referendum; provided, however, that the affected cotton growers produced a cotton crop for harvest, or had an interest therein, in the designated region conducting the referendum in the crop year immediately preceding the year in which the referendum is conducted. (2) A cotton grower may vote through a power of attorney evidenced in writing, including, but not limited to, a power of attorney recognized by the United States Farm Service Agency or its successor. The board or its cooperators shall determine any questions of eligibility to vote. (3) Each person who is eligible to vote in the referendum shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression and eradication program. (4) Passage of the referendum shall require an affirmative vote of two-thirds (2/3) of those voting in the referendum.

(1) All affected cotton growers shall be entitled to vote in any such referendum; provided, however, that the affected cotton growers produced a cotton crop for harvest, or had an interest therein, in the designated region conducting the referendum in the crop year immediately preceding the year in which the referendum is conducted.

(2) A cotton grower may vote through a power of attorney evidenced in writing, including, but not limited to, a power of attorney recognized by the United States Farm Service Agency or its successor. The board or its cooperators shall determine any questions of eligibility to vote.

(3) Each person who is eligible to vote in the referendum shall be mailed a ballot upon which to cast a vote for or against the boll weevil suppression and eradication program.

(4) Passage of the referendum shall require an affirmative vote of two-thirds (2/3) of those voting in the referendum.

(d) (1) The assessments approved under this subchapter shall be collected by the certified cotton growers' organization or such other agency or entity designated by the Department of Agriculture from the affected cotton growers. (2) The assessments collected by the department or such other agency or entity designated by the department under this subchapter shall be promptly remitted to the certified cotton growers' organization under such terms and conditions as the department shall deem necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil.

(1) The assessments approved under this subchapter shall be collected by the certified cotton growers' organization or such other agency or entity designated by the Department of Agriculture from the affected cotton growers.

(2) The assessments collected by the department or such other agency or entity designated by the department under this subchapter shall be promptly remitted to the certified cotton growers' organization under such terms and conditions as the department shall deem necessary to ensure that the assessments are used in a sound program of eradication or suppression of the boll weevil.

(e) The certified organization shall provide to the department an annual audit of its accounts performed by a certified public accountant.

(f) The assessments collected by the department under this subchapter shall not be state funds.

(g) (1) In addition to the authority granted in this section for a referendum among cotton growers, the department may conduct a separate referendum among cotton growers in the southwest corner of the state, within boundaries to be defined by the board on the question of whether an assessment shall be levied upon cotton growers in the defined area to provide funds to fund in whole or in part the cost of a boll weevil suppression or eradication program. (2) Any such regional referendum shall be conducted in the same manner as any other referendum authorized in this section, and any assessments levied pursuant to such a referendum shall be subject to the same uses and limitations and shall be made, collected, and remitted in the same manner as assessments levied pursuant to any other referenda conducted under this subchapter.

(1) In addition to the authority granted in this section for a referendum among cotton growers, the department may conduct a separate referendum among cotton growers in the southwest corner of the state, within boundaries to be defined by the board on the question of whether an assessment shall be levied upon cotton growers in the defined area to provide funds to fund in whole or in part the cost of a boll weevil suppression or eradication program.

(2) Any such regional referendum shall be conducted in the same manner as any other referendum authorized in this section, and any assessments levied pursuant to such a referendum shall be subject to the same uses and limitations and shall be made, collected, and remitted in the same manner as assessments levied pursuant to any other referenda conducted under this subchapter.

Amended by Act 2023, No. 691,§ 28, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 27, eff. 7/1/2023.

Acts 1991, No. 710, § 14; 1993, No. 854, § 4; 1995, No. 529, § 2; 1997, No. 330, § 7.
Ark. Code Ann. § 2-9-110 — AR Code / Title 2 / Chapter 9 / Section 2-9-110
Assessment refund
Status: in_force

(a) So long as the assessment on the sale of catfish feed continues to be levied as provided in this chapter, any catfish producer may request and receive a refund of such assessment, provided he or she makes a written application therefor with the Secretary of the Department of Finance and Administration within sixty (60) calendar days after the date of sale, supported by copies of sales slips from the seller of the catfish feed and a refund form approved by the Arkansas Catfish Promotion Board. (b) The secretary shall create and approve a refund claim form. Amended by Act 2019, No. 910,§ 3270, eff. 7/1/2019. Acts 1999, No. 790, § 11.

(a) So long as the assessment on the sale of catfish feed continues to be levied as provided in this chapter, any catfish producer may request and receive a refund of such assessment, provided he or she makes a written application therefor with the Secretary of the Department of Finance and Administration within sixty (60) calendar days after the date of sale, supported by copies of sales slips from the seller of the catfish feed and a refund form approved by the Arkansas Catfish Promotion Board.

(b) The secretary shall create and approve a refund claim form.

Amended by Act 2019, No. 910,§ 3270, eff. 7/1/2019.

Acts 1999, No. 790, § 11.
Ark. Code Ann. § 2-33-202 — AR Code / Title 2 / Chapter 33 / Subchapter 2 / Section 2-33-202
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017. Acts 1973, No. 454, § 9; A.S.A. 1947, § 78-330.

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

Acts 1973, No. 454, § 9; A.S.A. 1947, § 78-330.
Ark. Code Ann. § 2-2-123 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-123
Annual license fee - Taxation
Status: in_force

(a) Each association organized or existing under this subchapter shall pay an annual license fee of ten dollars ($10.00) to the Secretary of State. (b) (1) In addition, each association shall be subject to the Arkansas Gross Receipts Act of 1941, as amended, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, as amended, § 26-53-101 et seq., and all other taxes levied in this state. However, any association which immediately distributes at the close of each business year all surpluses by cash or certificate to its members shall not be subject to the Income Tax Act of 1929, § 26-51-101 et seq., with respect to the income. (2) Each association shall be subject to taxes upon its real estate and personal property. Acts 1939, No. 153, § 24; 1969, No. 311, § 1; A.S.A. 1947, § 77-1023.

(a) Each association organized or existing under this subchapter shall pay an annual license fee of ten dollars ($10.00) to the Secretary of State.

(b) (1) In addition, each association shall be subject to the Arkansas Gross Receipts Act of 1941, as amended, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, as amended, § 26-53-101 et seq., and all other taxes levied in this state. However, any association which immediately distributes at the close of each business year all surpluses by cash or certificate to its members shall not be subject to the Income Tax Act of 1929, § 26-51-101 et seq., with respect to the income. (2) Each association shall be subject to taxes upon its real estate and personal property.

(1) In addition, each association shall be subject to the Arkansas Gross Receipts Act of 1941, as amended, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, as amended, § 26-53-101 et seq., and all other taxes levied in this state. However, any association which immediately distributes at the close of each business year all surpluses by cash or certificate to its members shall not be subject to the Income Tax Act of 1929, § 26-51-101 et seq., with respect to the income.

(2) Each association shall be subject to taxes upon its real estate and personal property.

Acts 1939, No. 153, § 24; 1969, No. 311, § 1; A.S.A. 1947, § 77-1023.
Ark. Code Ann. § 2-15-507 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-507
Grower licenses
Status: in_force

(a) The State Plant Board may establish a procedure for annual licensure to allow persons to grow industrial hemp in the state. (b) A license issued under this section shall authorize industrial hemp propagation only on the land areas specified in the license. (c) (1) A person seeking an application to grow industrial hemp, whether as part of the industrial hemp research program or otherwise, shall apply to the Department of Agriculture for the appropriate license on a form provided by the department. (2) The rules adopted by the board shall require the applicant to include, at a minimum, the following information on the form provided by the department under subdivision (c)(1) of this section: (A) The name and mailing address of the applicant; (B) The legal description and global positioning coordinates of the production fields to be used to grow industrial hemp; and (C) (i) Written consent allowing the department, if a license is ultimately issued to the applicant, to enter onto the premises on which the industrial hemp is grown to conduct physical inspections of industrial hemp planted and grown by the applicant to ensure compliance with this subchapter and rules adopted under this subchapter. (ii) Tetrahydrocannabinol levels shall be tested as provided in this subchapter. (d) Each application shall be accompanied by a nonrefundable fee. (e) The board shall establish a fee for an: (1) Initial license; and (2) Annual renewal license. (f) Except as provided in § 2-15-505(c) , records, data, and information filed in support of a license application are proprietary and subject to inspection only upon the order of a court of competent jurisdiction. (g) At the expense of the license holder, the department shall: (1) Monitor the industrial hemp grown by each license holder; (2) Provide for random testing of the industrial hemp for compliance with tetrahydrocannabinol levels; and (3) Provide for other oversight required by board rules. (h) The board may establish and collect fees to administer the provisions of this subchapter. (i) Fees collected by the board under this subchapter are not refundable and may be used by the department to administer this subchapter. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) The State Plant Board may establish a procedure for annual licensure to allow persons to grow industrial hemp in the state.

(b) A license issued under this section shall authorize industrial hemp propagation only on the land areas specified in the license.

(c) (1) A person seeking an application to grow industrial hemp, whether as part of the industrial hemp research program or otherwise, shall apply to the Department of Agriculture for the appropriate license on a form provided by the department. (2) The rules adopted by the board shall require the applicant to include, at a minimum, the following information on the form provided by the department under subdivision (c)(1) of this section: (A) The name and mailing address of the applicant; (B) The legal description and global positioning coordinates of the production fields to be used to grow industrial hemp; and (C) (i) Written consent allowing the department, if a license is ultimately issued to the applicant, to enter onto the premises on which the industrial hemp is grown to conduct physical inspections of industrial hemp planted and grown by the applicant to ensure compliance with this subchapter and rules adopted under this subchapter. (ii) Tetrahydrocannabinol levels shall be tested as provided in this subchapter.

(1) A person seeking an application to grow industrial hemp, whether as part of the industrial hemp research program or otherwise, shall apply to the Department of Agriculture for the appropriate license on a form provided by the department.

(2) The rules adopted by the board shall require the applicant to include, at a minimum, the following information on the form provided by the department under subdivision (c)(1) of this section: (A) The name and mailing address of the applicant; (B) The legal description and global positioning coordinates of the production fields to be used to grow industrial hemp; and (C) (i) Written consent allowing the department, if a license is ultimately issued to the applicant, to enter onto the premises on which the industrial hemp is grown to conduct physical inspections of industrial hemp planted and grown by the applicant to ensure compliance with this subchapter and rules adopted under this subchapter. (ii) Tetrahydrocannabinol levels shall be tested as provided in this subchapter.

(A) The name and mailing address of the applicant;

(B) The legal description and global positioning coordinates of the production fields to be used to grow industrial hemp; and

(C) (i) Written consent allowing the department, if a license is ultimately issued to the applicant, to enter onto the premises on which the industrial hemp is grown to conduct physical inspections of industrial hemp planted and grown by the applicant to ensure compliance with this subchapter and rules adopted under this subchapter. (ii) Tetrahydrocannabinol levels shall be tested as provided in this subchapter.

(i) Written consent allowing the department, if a license is ultimately issued to the applicant, to enter onto the premises on which the industrial hemp is grown to conduct physical inspections of industrial hemp planted and grown by the applicant to ensure compliance with this subchapter and rules adopted under this subchapter.

(ii) Tetrahydrocannabinol levels shall be tested as provided in this subchapter.

(d) Each application shall be accompanied by a nonrefundable fee.

(e) The board shall establish a fee for an: (1) Initial license; and (2) Annual renewal license.

(1) Initial license; and

(2) Annual renewal license.

(f) Except as provided in § 2-15-505(c) , records, data, and information filed in support of a license application are proprietary and subject to inspection only upon the order of a court of competent jurisdiction.

(g) At the expense of the license holder, the department shall: (1) Monitor the industrial hemp grown by each license holder; (2) Provide for random testing of the industrial hemp for compliance with tetrahydrocannabinol levels; and (3) Provide for other oversight required by board rules.

(1) Monitor the industrial hemp grown by each license holder;

(2) Provide for random testing of the industrial hemp for compliance with tetrahydrocannabinol levels; and

(3) Provide for other oversight required by board rules.

(h) The board may establish and collect fees to administer the provisions of this subchapter.

(i) Fees collected by the board under this subchapter are not refundable and may be used by the department to administer this subchapter.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-17-406 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-406
Publication of appointment
Status: in_force

When appointed as a receiver under this subchapter, the Public Grain Warehouse Commissioner shall cause notification of the appointment to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in each of the counties in which the licensee maintains a business location and in a newspaper of general circulation in this state. Acts 1983, No. 342, § 6; A.S.A. 1947, § 77-1348.

When appointed as a receiver under this subchapter, the Public Grain Warehouse Commissioner shall cause notification of the appointment to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in each of the counties in which the licensee maintains a business location and in a newspaper of general circulation in this state.

Acts 1983, No. 342, § 6; A.S.A. 1947, § 77-1348.
Ark. Code Ann. § 2-35-304 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-304
Levy of assessment on cattle
Status: in_force

(a) (1) Within ninety (90) days after February 14, 1983, the Arkansas Beef Council shall cause an election to be held on the question of the levy of an assessment of twenty-five cents (25¢) per head on all cattle sold in the state. (2) The election shall be held at the offices of the United States Farm Service Agency in each county in the state. (3) The council shall set the date for conducting the election in each county, shall furnish ballots for the election, and shall prescribe voting procedures for the election. (4) Each cattle owner or producer who owned or produced cattle in the year immediately preceding the election may vote in the election. (b) (1) If a majority of the cattle owners and producers in the state voting at the election vote for the levy of an assessment of twenty-five cents (25¢) per head on cattle sold in the state, the assessment shall be applicable to all sales made on and after a date specified by the council. The date shall not be later than ninety (90) days after certification of the results of the election. (2) The assessment shall be a continuing levy until either terminated by the council or until another election is held at which a majority of the cattle owners and producers in the state vote against the levy. (c) (1) When petitions containing the signatures of twenty percent (20%) of the cattle owners and producers in the state, as determined by the latest available agricultural census, are filed with the council requesting that the question of continuing the per-head assessment be submitted to a vote of the cattle owners and producers, the council shall cause an election to be held within ninety (90) days after the filing of the petitions. (2) The election shall be conducted in the same manner as the initial election held on the question of the levy of the assessment. (3) If a majority of the owners and producers voting at the election vote against the levy of the assessment, the assessment shall not be levied unless and until the levy is thereafter approved at an election called by the council. (d) If the federal Beef Promotion and Research Act of 1985 and the administrative orders and rules adopted under it are discontinued for any reason, the assessment of twenty-five cents (25¢) per head of cattle sold in this state shall be reactivated the same as if the national program had never existed, and there is levied without any election an additional assessment of seventy-five cents (75¢) per head of cattle sold in this state to be collected as provided in § 2-35-305 and disposed of as provided in § 2-35-308 . (e) (1) Within ninety (90) days after beginning the collection of the seventy-five-cent assessment, the council shall cause an election to be held on the question of the levy of an assessment of seventy-five cents (75¢) per head on all cattle sold in the state. (2) The election shall be held in the manner prescribed in subsections (a)-(c) of this section. (f) (1) If a majority of the cattle owners and producers in the state voting at the election vote for the levy of the additional seventy-five cents (75¢) per head on cattle sold in the state, the assessment shall continue until either terminated by the council or until another election is held at which a majority of the cattle owners and producers in the state vote against the levy. (2) If a majority of the cattle owners and producers in the state voting at the election vote against the levy of the additional seventy-five cents (75¢) per head on cattle sold in the state, the assessment shall be discontinued and shall not be levied again unless and until the levy is thereafter approved at an election called by the council. Acts 1983, No. 160, § 3; A.S.A. 1947, § 78-1903; Acts 2003, No. 1331, §§ 1, 2.

(a) (1) Within ninety (90) days after February 14, 1983, the Arkansas Beef Council shall cause an election to be held on the question of the levy of an assessment of twenty-five cents (25¢) per head on all cattle sold in the state. (2) The election shall be held at the offices of the United States Farm Service Agency in each county in the state. (3) The council shall set the date for conducting the election in each county, shall furnish ballots for the election, and shall prescribe voting procedures for the election. (4) Each cattle owner or producer who owned or produced cattle in the year immediately preceding the election may vote in the election.

(1) Within ninety (90) days after February 14, 1983, the Arkansas Beef Council shall cause an election to be held on the question of the levy of an assessment of twenty-five cents (25¢) per head on all cattle sold in the state.

(2) The election shall be held at the offices of the United States Farm Service Agency in each county in the state.

(3) The council shall set the date for conducting the election in each county, shall furnish ballots for the election, and shall prescribe voting procedures for the election.

(4) Each cattle owner or producer who owned or produced cattle in the year immediately preceding the election may vote in the election.

(b) (1) If a majority of the cattle owners and producers in the state voting at the election vote for the levy of an assessment of twenty-five cents (25¢) per head on cattle sold in the state, the assessment shall be applicable to all sales made on and after a date specified by the council. The date shall not be later than ninety (90) days after certification of the results of the election. (2) The assessment shall be a continuing levy until either terminated by the council or until another election is held at which a majority of the cattle owners and producers in the state vote against the levy.

(1) If a majority of the cattle owners and producers in the state voting at the election vote for the levy of an assessment of twenty-five cents (25¢) per head on cattle sold in the state, the assessment shall be applicable to all sales made on and after a date specified by the council. The date shall not be later than ninety (90) days after certification of the results of the election.

(2) The assessment shall be a continuing levy until either terminated by the council or until another election is held at which a majority of the cattle owners and producers in the state vote against the levy.

(c) (1) When petitions containing the signatures of twenty percent (20%) of the cattle owners and producers in the state, as determined by the latest available agricultural census, are filed with the council requesting that the question of continuing the per-head assessment be submitted to a vote of the cattle owners and producers, the council shall cause an election to be held within ninety (90) days after the filing of the petitions. (2) The election shall be conducted in the same manner as the initial election held on the question of the levy of the assessment. (3) If a majority of the owners and producers voting at the election vote against the levy of the assessment, the assessment shall not be levied unless and until the levy is thereafter approved at an election called by the council.

(1) When petitions containing the signatures of twenty percent (20%) of the cattle owners and producers in the state, as determined by the latest available agricultural census, are filed with the council requesting that the question of continuing the per-head assessment be submitted to a vote of the cattle owners and producers, the council shall cause an election to be held within ninety (90) days after the filing of the petitions.

(2) The election shall be conducted in the same manner as the initial election held on the question of the levy of the assessment.

(3) If a majority of the owners and producers voting at the election vote against the levy of the assessment, the assessment shall not be levied unless and until the levy is thereafter approved at an election called by the council.

(d) If the federal Beef Promotion and Research Act of 1985 and the administrative orders and rules adopted under it are discontinued for any reason, the assessment of twenty-five cents (25¢) per head of cattle sold in this state shall be reactivated the same as if the national program had never existed, and there is levied without any election an additional assessment of seventy-five cents (75¢) per head of cattle sold in this state to be collected as provided in § 2-35-305 and disposed of as provided in § 2-35-308 .

(e) (1) Within ninety (90) days after beginning the collection of the seventy-five-cent assessment, the council shall cause an election to be held on the question of the levy of an assessment of seventy-five cents (75¢) per head on all cattle sold in the state. (2) The election shall be held in the manner prescribed in subsections (a)-(c) of this section.

(1) Within ninety (90) days after beginning the collection of the seventy-five-cent assessment, the council shall cause an election to be held on the question of the levy of an assessment of seventy-five cents (75¢) per head on all cattle sold in the state.

(2) The election shall be held in the manner prescribed in subsections (a)-(c) of this section.

(f) (1) If a majority of the cattle owners and producers in the state voting at the election vote for the levy of the additional seventy-five cents (75¢) per head on cattle sold in the state, the assessment shall continue until either terminated by the council or until another election is held at which a majority of the cattle owners and producers in the state vote against the levy. (2) If a majority of the cattle owners and producers in the state voting at the election vote against the levy of the additional seventy-five cents (75¢) per head on cattle sold in the state, the assessment shall be discontinued and shall not be levied again unless and until the levy is thereafter approved at an election called by the council.

(1) If a majority of the cattle owners and producers in the state voting at the election vote for the levy of the additional seventy-five cents (75¢) per head on cattle sold in the state, the assessment shall continue until either terminated by the council or until another election is held at which a majority of the cattle owners and producers in the state vote against the levy.

(2) If a majority of the cattle owners and producers in the state voting at the election vote against the levy of the additional seventy-five cents (75¢) per head on cattle sold in the state, the assessment shall be discontinued and shall not be levied again unless and until the levy is thereafter approved at an election called by the council.

Acts 1983, No. 160, § 3; A.S.A. 1947, § 78-1903; Acts 2003, No. 1331, §§ 1, 2.
Ark. Code Ann. § 2-40-707 — AR Code / Title 2 / Chapter 40 / Subchapter 7 / Section 2-40-707
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 65, eff. 8/1/2017. Acts 1963, No. 248, § 4; A.S.A. 1947, § 78-444.

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

Acts 1963, No. 248, § 4; A.S.A. 1947, § 78-444.
Ark. Code Ann. § 2-22-107 — AR Code / Title 2 / Chapter 22 / Section 2-22-107
Inspections
Status: in_force

(a) (1) Whenever an apiary has been inspected and found apparently free from American foulbrood or other dangerous, contagious, or infectious bee diseases, and all other provisions of this chapter have been complied with, a certificate of inspection shall be issued. (2) The certificate of inspection shall be valid for a period of one (1) year following the date of its issuance. (3) A valid certificate of inspection shall be deemed as a blanket permit to move the hives from place to place within the state. (b) Should, upon inspection or laboratory analysis, any of the diseases described in § 2-22-106(a) be determined to exist in an apiary, it shall be the duty of the State Plant Board to cause the colony to be treated or disinfected or to destroy it, or cause it to be destroyed, by fire, including the hives, frames, honey, wax, and brood. (c) (1) If an abandoned apiary is found upon inspection to be diseased, the board shall cause it to be immediately destroyed by burning. (2) (A) An apiary may be considered abandoned only after reasonable attempts have been made to determine ownership. (B) Attempts to determine ownership are to at least include the questioning of the owner, lessee, or renter of the land on which the apiary is discovered. (d) After inspection of infected bees or fixtures or after handling diseased bees and before leaving the premises or proceeding to any other apiary, the apiary inspector shall take such measures as shall prevent the spread of the disease by infected material adhering to his or her person or clothing or to any tools or appliances used by him or her which have come in contact with infected materials. (e) Upon request, additional inspections shall be made by the inspector of bees, colonies of bees, queen bees and their attendants, or hives, supers, or other equipment used in bee culture. Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.

(a) (1) Whenever an apiary has been inspected and found apparently free from American foulbrood or other dangerous, contagious, or infectious bee diseases, and all other provisions of this chapter have been complied with, a certificate of inspection shall be issued. (2) The certificate of inspection shall be valid for a period of one (1) year following the date of its issuance. (3) A valid certificate of inspection shall be deemed as a blanket permit to move the hives from place to place within the state.

(1) Whenever an apiary has been inspected and found apparently free from American foulbrood or other dangerous, contagious, or infectious bee diseases, and all other provisions of this chapter have been complied with, a certificate of inspection shall be issued.

(2) The certificate of inspection shall be valid for a period of one (1) year following the date of its issuance.

(3) A valid certificate of inspection shall be deemed as a blanket permit to move the hives from place to place within the state.

(b) Should, upon inspection or laboratory analysis, any of the diseases described in § 2-22-106(a) be determined to exist in an apiary, it shall be the duty of the State Plant Board to cause the colony to be treated or disinfected or to destroy it, or cause it to be destroyed, by fire, including the hives, frames, honey, wax, and brood.

(c) (1) If an abandoned apiary is found upon inspection to be diseased, the board shall cause it to be immediately destroyed by burning. (2) (A) An apiary may be considered abandoned only after reasonable attempts have been made to determine ownership. (B) Attempts to determine ownership are to at least include the questioning of the owner, lessee, or renter of the land on which the apiary is discovered.

(1) If an abandoned apiary is found upon inspection to be diseased, the board shall cause it to be immediately destroyed by burning.

(2) (A) An apiary may be considered abandoned only after reasonable attempts have been made to determine ownership. (B) Attempts to determine ownership are to at least include the questioning of the owner, lessee, or renter of the land on which the apiary is discovered.

(A) An apiary may be considered abandoned only after reasonable attempts have been made to determine ownership.

(B) Attempts to determine ownership are to at least include the questioning of the owner, lessee, or renter of the land on which the apiary is discovered.

(d) After inspection of infected bees or fixtures or after handling diseased bees and before leaving the premises or proceeding to any other apiary, the apiary inspector shall take such measures as shall prevent the spread of the disease by infected material adhering to his or her person or clothing or to any tools or appliances used by him or her which have come in contact with infected materials.

(e) Upon request, additional inspections shall be made by the inspector of bees, colonies of bees, queen bees and their attendants, or hives, supers, or other equipment used in bee culture.

Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.
Ark. Code Ann. § 2-2-419 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-419
Marketing contracts - Remedies
Status: in_force

(a) (1) The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. (2) The contract may provide that the association may sell or resell the products of its members with or without taking title thereto and pay over to its members the resale price after deducting all necessary selling, overhead, and other costs and expenses, including: (A) Interest on preferred stock, not exceeding eight percent (8%) per annum; (B) Reserves for retiring the stocks, if any; (C) Other proper reserves; and (D) Interest not exceeding eight percent (8%) per annum upon common stock. (b) The bylaws and the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of products. They may further provide that the member will pay all costs, premiums for bonds, expenses, and fees in case any action is brought upon the contract by the association. Any such provision shall be valid and enforceable in the courts of this state. (c) (1) In the event of any breach or threatened breach of the marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. (2) Pending the adjudication of an action and upon filing a verified complaint showing the breach or threatened breach and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member. Acts 1921, No. 116, § 17; Pope's Dig., § 2302; A.S.A. 1947, § 77-917.

(a) (1) The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association. (2) The contract may provide that the association may sell or resell the products of its members with or without taking title thereto and pay over to its members the resale price after deducting all necessary selling, overhead, and other costs and expenses, including: (A) Interest on preferred stock, not exceeding eight percent (8%) per annum; (B) Reserves for retiring the stocks, if any; (C) Other proper reserves; and (D) Interest not exceeding eight percent (8%) per annum upon common stock.

(1) The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association or any facilities to be created by the association.

(2) The contract may provide that the association may sell or resell the products of its members with or without taking title thereto and pay over to its members the resale price after deducting all necessary selling, overhead, and other costs and expenses, including: (A) Interest on preferred stock, not exceeding eight percent (8%) per annum; (B) Reserves for retiring the stocks, if any; (C) Other proper reserves; and (D) Interest not exceeding eight percent (8%) per annum upon common stock.

(A) Interest on preferred stock, not exceeding eight percent (8%) per annum;

(B) Reserves for retiring the stocks, if any;

(C) Other proper reserves; and

(D) Interest not exceeding eight percent (8%) per annum upon common stock.

(b) The bylaws and the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of products. They may further provide that the member will pay all costs, premiums for bonds, expenses, and fees in case any action is brought upon the contract by the association. Any such provision shall be valid and enforceable in the courts of this state.

(c) (1) In the event of any breach or threatened breach of the marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. (2) Pending the adjudication of an action and upon filing a verified complaint showing the breach or threatened breach and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.

(1) In the event of any breach or threatened breach of the marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof.

(2) Pending the adjudication of an action and upon filing a verified complaint showing the breach or threatened breach and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.

Acts 1921, No. 116, § 17; Pope's Dig., § 2302; A.S.A. 1947, § 77-917.
Ark. Code Ann. § 2-24-109 — AR Code / Title 2 / Chapter 24 / Section 2-24-109
Suspension of license
Status: in_force

(a) (1) The State Plant Board may temporarily suspend a dealer's license without a hearing if the board determines that the public health, safety, or welfare requires immediate action. (2) If the board temporarily suspends a dealer's license under subdivision (a)(1) of this section, the board shall notify the dealer immediately by certified mail of the temporary suspension and the date, time, and location of the hearing to be held under subdivision (a)(3) of this section. (3) If a dealer's license is temporarily suspended under subdivision (a)(1) of this section, a hearing on the suspension of the dealer's license shall be held within ten (10) days of the temporary suspension of the dealer's license. (b) (1) Based on the information contained in the complaint submitted against a dealer, the board may suspend the license of the dealer without a hearing five (5) days after sending written notice by certified mail, nonrestricted delivery, to the dealer if the dealer: (A) Does not have the required bond on file with the board; or (B) Refuses to submit to an audit or inspection by the board under this chapter. (2) A suspension of a dealer's license under subdivision (b)(1) of this section shall not exceed sixty (60) days without a hearing. (c) A hearing under this section and an appeal of the board's decision to suspend a dealer's license under this section is governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) (1) The State Plant Board may temporarily suspend a dealer's license without a hearing if the board determines that the public health, safety, or welfare requires immediate action. (2) If the board temporarily suspends a dealer's license under subdivision (a)(1) of this section, the board shall notify the dealer immediately by certified mail of the temporary suspension and the date, time, and location of the hearing to be held under subdivision (a)(3) of this section. (3) If a dealer's license is temporarily suspended under subdivision (a)(1) of this section, a hearing on the suspension of the dealer's license shall be held within ten (10) days of the temporary suspension of the dealer's license.

(1) The State Plant Board may temporarily suspend a dealer's license without a hearing if the board determines that the public health, safety, or welfare requires immediate action.

(2) If the board temporarily suspends a dealer's license under subdivision (a)(1) of this section, the board shall notify the dealer immediately by certified mail of the temporary suspension and the date, time, and location of the hearing to be held under subdivision (a)(3) of this section.

(3) If a dealer's license is temporarily suspended under subdivision (a)(1) of this section, a hearing on the suspension of the dealer's license shall be held within ten (10) days of the temporary suspension of the dealer's license.

(b) (1) Based on the information contained in the complaint submitted against a dealer, the board may suspend the license of the dealer without a hearing five (5) days after sending written notice by certified mail, nonrestricted delivery, to the dealer if the dealer: (A) Does not have the required bond on file with the board; or (B) Refuses to submit to an audit or inspection by the board under this chapter. (2) A suspension of a dealer's license under subdivision (b)(1) of this section shall not exceed sixty (60) days without a hearing.

(1) Based on the information contained in the complaint submitted against a dealer, the board may suspend the license of the dealer without a hearing five (5) days after sending written notice by certified mail, nonrestricted delivery, to the dealer if the dealer: (A) Does not have the required bond on file with the board; or (B) Refuses to submit to an audit or inspection by the board under this chapter.

(A) Does not have the required bond on file with the board; or

(B) Refuses to submit to an audit or inspection by the board under this chapter.

(2) A suspension of a dealer's license under subdivision (b)(1) of this section shall not exceed sixty (60) days without a hearing.

(c) A hearing under this section and an appeal of the board's decision to suspend a dealer's license under this section is governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-16-611 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-611
Destruction or treatment of volunteer or other cotton in eradication zones - Liability
Status: in_force

(a) The Department of Agriculture shall have authority to destroy, or, at its discretion, cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the department deems such action necessary to effectuate the purposes of this subchapter. (b) (1) No payment shall be made by the department to the owner or lessee for the destruction or injury of any cotton which was planted in an eradication zone after publication of notice as provided in this subchapter, or was otherwise handled in violation of this subchapter, or the rules adopted pursuant thereto. (2) However, the department shall pay for losses resulting from the destruction of cotton which was planted in such zones before promulgation of such notice. Amended by Act 2023, No. 691,§ 25, eff. 7/1/2023. Acts 1991, No. 710, § 9.

(a) The Department of Agriculture shall have authority to destroy, or, at its discretion, cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the department deems such action necessary to effectuate the purposes of this subchapter.

(b) (1) No payment shall be made by the department to the owner or lessee for the destruction or injury of any cotton which was planted in an eradication zone after publication of notice as provided in this subchapter, or was otherwise handled in violation of this subchapter, or the rules adopted pursuant thereto. (2) However, the department shall pay for losses resulting from the destruction of cotton which was planted in such zones before promulgation of such notice.

(1) No payment shall be made by the department to the owner or lessee for the destruction or injury of any cotton which was planted in an eradication zone after publication of notice as provided in this subchapter, or was otherwise handled in violation of this subchapter, or the rules adopted pursuant thereto.

(2) However, the department shall pay for losses resulting from the destruction of cotton which was planted in such zones before promulgation of such notice.

Amended by Act 2023, No. 691,§ 25, eff. 7/1/2023.

Acts 1991, No. 710, § 9.
Ark. Code Ann. § 2-16-505 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-505
Establishment of district
Status: in_force

(a) When the question as to whether this subchapter shall be enforced in any district is submitted to the landowners of the district at any special election called for that purpose, the question shall be submitted to the landowners in substantially the following form on the ballot: Click here to view form. (b) (1) Only qualified electors of the proposed district who are owners of real property in the proposed district shall be permitted to vote in the election. (2) Every person voting in the election shall be required to sign an affidavit that the person is an owner of real property in the proposed district. (c) (1) If in any special election a majority of the landowners voting on the question shall vote against the establishment of the district, the question shall not again be submitted to the landowners of the district for one (1) year. (2) (A) If at the special election the majority of the landowners voting on the question shall vote for the establishment of the district, then the vote shall be entered on the record, and the county clerk or clerks shall notify the judge or judges who shall declare the designated area to be a Johnson grass control and eradication district and shall cause notice to be published in a newspaper having a general circulation in the electing district. (B) The notice shall state that the district has been established, that the provisions of this subchapter shall be applicable in the district, and that all landowners in the district shall take steps to control and eradicate Johnson grass on all lands owned by them or under their control, in accordance with this subchapter. (3) (A) Within ten (10) days after the publication of the notice, the county judge or judges in which a district lies shall appoint a district Johnson grass control board composed of three (3) landowners in the district to advise and assist in the administration of this subchapter in that district. (B) (i) If the district is in a single county, the county judge of that county shall appoint the three (3) members of the board. (ii) If a district lies within two (2) counties, the county judge in which the greater acreage of the district lies shall appoint two (2) members of the board, and the county judge of the other county in which a portion of the district lies shall appoint one (1) member. (iii) In the event a district lies within three (3) counties, the county judge of each county in which a portion of the district lies shall appoint one (1) member to the board. (4) (A) The district Johnson grass control board shall select and employ a district Johnson grass control and eradication supervisor, who shall be a resident of the district and who shall have a thorough knowledge of ways and means of controlling and eradicating Johnson grass. (B) The supervisor, through the direction of the board, shall be charged with the administration and enforcement of this subchapter in the district. (C) (i) The supervisor shall be a full-time employee of the district and shall receive such salary and other compensation and expenses as shall be determined by the board. (ii) The county court in each county in which a portion of a district lies shall provide from the county general fund, on a basis proportional to the amount of district acreage in the county to the total acreage in the district, such funds as shall be sufficient to pay the salary of the supervisor and to otherwise carry out the purposes of this subchapter in the district. Acts 1967, No. 186, § 4; 1975, No. 287, § 4; A.S.A. 1947, § 77-1704.

(a) When the question as to whether this subchapter shall be enforced in any district is submitted to the landowners of the district at any special election called for that purpose, the question shall be submitted to the landowners in substantially the following form on the ballot: Click here to view form.

Click here to view form.

(b) (1) Only qualified electors of the proposed district who are owners of real property in the proposed district shall be permitted to vote in the election. (2) Every person voting in the election shall be required to sign an affidavit that the person is an owner of real property in the proposed district.

(1) Only qualified electors of the proposed district who are owners of real property in the proposed district shall be permitted to vote in the election.

(2) Every person voting in the election shall be required to sign an affidavit that the person is an owner of real property in the proposed district.

(c) (1) If in any special election a majority of the landowners voting on the question shall vote against the establishment of the district, the question shall not again be submitted to the landowners of the district for one (1) year. (2) (A) If at the special election the majority of the landowners voting on the question shall vote for the establishment of the district, then the vote shall be entered on the record, and the county clerk or clerks shall notify the judge or judges who shall declare the designated area to be a Johnson grass control and eradication district and shall cause notice to be published in a newspaper having a general circulation in the electing district. (B) The notice shall state that the district has been established, that the provisions of this subchapter shall be applicable in the district, and that all landowners in the district shall take steps to control and eradicate Johnson grass on all lands owned by them or under their control, in accordance with this subchapter. (3) (A) Within ten (10) days after the publication of the notice, the county judge or judges in which a district lies shall appoint a district Johnson grass control board composed of three (3) landowners in the district to advise and assist in the administration of this subchapter in that district. (B) (i) If the district is in a single county, the county judge of that county shall appoint the three (3) members of the board. (ii) If a district lies within two (2) counties, the county judge in which the greater acreage of the district lies shall appoint two (2) members of the board, and the county judge of the other county in which a portion of the district lies shall appoint one (1) member. (iii) In the event a district lies within three (3) counties, the county judge of each county in which a portion of the district lies shall appoint one (1) member to the board. (4) (A) The district Johnson grass control board shall select and employ a district Johnson grass control and eradication supervisor, who shall be a resident of the district and who shall have a thorough knowledge of ways and means of controlling and eradicating Johnson grass. (B) The supervisor, through the direction of the board, shall be charged with the administration and enforcement of this subchapter in the district. (C) (i) The supervisor shall be a full-time employee of the district and shall receive such salary and other compensation and expenses as shall be determined by the board. (ii) The county court in each county in which a portion of a district lies shall provide from the county general fund, on a basis proportional to the amount of district acreage in the county to the total acreage in the district, such funds as shall be sufficient to pay the salary of the supervisor and to otherwise carry out the purposes of this subchapter in the district.

(1) If in any special election a majority of the landowners voting on the question shall vote against the establishment of the district, the question shall not again be submitted to the landowners of the district for one (1) year.

(2) (A) If at the special election the majority of the landowners voting on the question shall vote for the establishment of the district, then the vote shall be entered on the record, and the county clerk or clerks shall notify the judge or judges who shall declare the designated area to be a Johnson grass control and eradication district and shall cause notice to be published in a newspaper having a general circulation in the electing district. (B) The notice shall state that the district has been established, that the provisions of this subchapter shall be applicable in the district, and that all landowners in the district shall take steps to control and eradicate Johnson grass on all lands owned by them or under their control, in accordance with this subchapter.

(A) If at the special election the majority of the landowners voting on the question shall vote for the establishment of the district, then the vote shall be entered on the record, and the county clerk or clerks shall notify the judge or judges who shall declare the designated area to be a Johnson grass control and eradication district and shall cause notice to be published in a newspaper having a general circulation in the electing district.

(B) The notice shall state that the district has been established, that the provisions of this subchapter shall be applicable in the district, and that all landowners in the district shall take steps to control and eradicate Johnson grass on all lands owned by them or under their control, in accordance with this subchapter.

(3) (A) Within ten (10) days after the publication of the notice, the county judge or judges in which a district lies shall appoint a district Johnson grass control board composed of three (3) landowners in the district to advise and assist in the administration of this subchapter in that district. (B) (i) If the district is in a single county, the county judge of that county shall appoint the three (3) members of the board. (ii) If a district lies within two (2) counties, the county judge in which the greater acreage of the district lies shall appoint two (2) members of the board, and the county judge of the other county in which a portion of the district lies shall appoint one (1) member. (iii) In the event a district lies within three (3) counties, the county judge of each county in which a portion of the district lies shall appoint one (1) member to the board.

(A) Within ten (10) days after the publication of the notice, the county judge or judges in which a district lies shall appoint a district Johnson grass control board composed of three (3) landowners in the district to advise and assist in the administration of this subchapter in that district.

(B) (i) If the district is in a single county, the county judge of that county shall appoint the three (3) members of the board. (ii) If a district lies within two (2) counties, the county judge in which the greater acreage of the district lies shall appoint two (2) members of the board, and the county judge of the other county in which a portion of the district lies shall appoint one (1) member. (iii) In the event a district lies within three (3) counties, the county judge of each county in which a portion of the district lies shall appoint one (1) member to the board.

(i) If the district is in a single county, the county judge of that county shall appoint the three (3) members of the board.

(ii) If a district lies within two (2) counties, the county judge in which the greater acreage of the district lies shall appoint two (2) members of the board, and the county judge of the other county in which a portion of the district lies shall appoint one (1) member.

(iii) In the event a district lies within three (3) counties, the county judge of each county in which a portion of the district lies shall appoint one (1) member to the board.

(4) (A) The district Johnson grass control board shall select and employ a district Johnson grass control and eradication supervisor, who shall be a resident of the district and who shall have a thorough knowledge of ways and means of controlling and eradicating Johnson grass. (B) The supervisor, through the direction of the board, shall be charged with the administration and enforcement of this subchapter in the district. (C) (i) The supervisor shall be a full-time employee of the district and shall receive such salary and other compensation and expenses as shall be determined by the board. (ii) The county court in each county in which a portion of a district lies shall provide from the county general fund, on a basis proportional to the amount of district acreage in the county to the total acreage in the district, such funds as shall be sufficient to pay the salary of the supervisor and to otherwise carry out the purposes of this subchapter in the district.

(A) The district Johnson grass control board shall select and employ a district Johnson grass control and eradication supervisor, who shall be a resident of the district and who shall have a thorough knowledge of ways and means of controlling and eradicating Johnson grass.

(B) The supervisor, through the direction of the board, shall be charged with the administration and enforcement of this subchapter in the district.

(C) (i) The supervisor shall be a full-time employee of the district and shall receive such salary and other compensation and expenses as shall be determined by the board. (ii) The county court in each county in which a portion of a district lies shall provide from the county general fund, on a basis proportional to the amount of district acreage in the county to the total acreage in the district, such funds as shall be sufficient to pay the salary of the supervisor and to otherwise carry out the purposes of this subchapter in the district.

(i) The supervisor shall be a full-time employee of the district and shall receive such salary and other compensation and expenses as shall be determined by the board.

(ii) The county court in each county in which a portion of a district lies shall provide from the county general fund, on a basis proportional to the amount of district acreage in the county to the total acreage in the district, such funds as shall be sufficient to pay the salary of the supervisor and to otherwise carry out the purposes of this subchapter in the district.

Acts 1967, No. 186, § 4; 1975, No. 287, § 4; A.S.A. 1947, § 77-1704.

16_505_1 - Attachment
Ark. Code Ann. § 2-37-109 — AR Code / Title 2 / Chapter 37 / Section 2-37-109
Inspection fees and reports
Status: in_force

(a) An inspection fee at the rate of thirty cents ($.30) per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor or distributor, except that a person other than the manufacturer, guarantor or distributor may assume liability for the inspection fee, subject to the following: (1) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor. (2) No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein. (3) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds. If the fee has already been paid, credit shall be given for such payment. (4) On commercial feed distributed in quantities of twenty-five (25) tons or less, a minimum fee of ten dollars ($10.00) per quarterly report shall be paid. A tonnage report and minimum fee is due for each reporting period, even though no distribution of commercial feeds occurred in the state during that period. (b) Each person who is liable for the payment of such fee shall: (1) File, not later than the last day in January, April, July, and October of each year, quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding three (3) months; and upon filing such statement shall pay the inspection fee at the rate stated in subsection (a) of this section. Inspection fees which are due and owing and have not been remitted to the State Plant Board within fifteen (15) days following the date due shall have a penalty fee of fifteen percent (15%) or twenty-five dollars ($25.00), whichever is the higher, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the board from taking other actions as provided in this chapter. (2) Keep such records as may be necessary or required by the board to indicate accurately the tonnage of commercial feed distributed in this state, and the board shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of the license of a distributor. However, no license shall be canceled or revoked before the distributor has been given an opportunity to be heard before the board and to pay the fees owed under this section. (c) Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, and analysis, and other expenses necessary for administration of this chapter and shall be deposited into the State Treasury to the credit of the State Plant Board Fund. Acts 1997, No. 726, § 9.

(a) An inspection fee at the rate of thirty cents ($.30) per ton shall be paid on commercial feeds distributed in this state by the person whose name appears on the label as the manufacturer, guarantor or distributor, except that a person other than the manufacturer, guarantor or distributor may assume liability for the inspection fee, subject to the following: (1) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor. (2) No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein. (3) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds. If the fee has already been paid, credit shall be given for such payment. (4) On commercial feed distributed in quantities of twenty-five (25) tons or less, a minimum fee of ten dollars ($10.00) per quarterly report shall be paid. A tonnage report and minimum fee is due for each reporting period, even though no distribution of commercial feeds occurred in the state during that period.

(1) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor.

(2) No fee shall be paid on customer-formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein.

(3) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds. If the fee has already been paid, credit shall be given for such payment.

(4) On commercial feed distributed in quantities of twenty-five (25) tons or less, a minimum fee of ten dollars ($10.00) per quarterly report shall be paid. A tonnage report and minimum fee is due for each reporting period, even though no distribution of commercial feeds occurred in the state during that period.

(b) Each person who is liable for the payment of such fee shall: (1) File, not later than the last day in January, April, July, and October of each year, quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding three (3) months; and upon filing such statement shall pay the inspection fee at the rate stated in subsection (a) of this section. Inspection fees which are due and owing and have not been remitted to the State Plant Board within fifteen (15) days following the date due shall have a penalty fee of fifteen percent (15%) or twenty-five dollars ($25.00), whichever is the higher, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the board from taking other actions as provided in this chapter. (2) Keep such records as may be necessary or required by the board to indicate accurately the tonnage of commercial feed distributed in this state, and the board shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of the license of a distributor. However, no license shall be canceled or revoked before the distributor has been given an opportunity to be heard before the board and to pay the fees owed under this section.

(1) File, not later than the last day in January, April, July, and October of each year, quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding three (3) months; and upon filing such statement shall pay the inspection fee at the rate stated in subsection (a) of this section. Inspection fees which are due and owing and have not been remitted to the State Plant Board within fifteen (15) days following the date due shall have a penalty fee of fifteen percent (15%) or twenty-five dollars ($25.00), whichever is the higher, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the board from taking other actions as provided in this chapter.

(2) Keep such records as may be necessary or required by the board to indicate accurately the tonnage of commercial feed distributed in this state, and the board shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of the license of a distributor. However, no license shall be canceled or revoked before the distributor has been given an opportunity to be heard before the board and to pay the fees owed under this section.

(c) Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, and analysis, and other expenses necessary for administration of this chapter and shall be deposited into the State Treasury to the credit of the State Plant Board Fund.

Acts 1997, No. 726, § 9.
Ark. Code Ann. § 2-25-103 — AR Code / Title 2 / Chapter 25 / Section 2-25-103
Administration
Status: in_force

(a) The Department of Agriculture shall adopt rules governing the standards for sampling and grading grain that are consistent with the standards for sampling and grading grain developed by the United States Department of Agriculture. (b) The Department of Agriculture shall certify: (1) Grain dealers that employ grain samplers and graders; and (2) Courses of instruction in the methods of sampling and grading grain. (c) The Department of Agriculture shall issue a certificate to a grain dealer who conducts a course of instruction for sampling and grading grain that is satisfactory to the Department of Agriculture. (d) A grain dealer who issues grades for grain shall: (1) Sample and grade each load of grain delivered by a producer within twenty-four (24) hours of the time the grain is delivered to the grain dealer; and (2) Retain each sample of grain received from a producer that is subject to excessive deductions for grain damage or foreign material. (e) (1) The Department of Agriculture shall promulgate a rule regarding the level of deduction that is excessive for each type of grain. (2) The rule shall: (A) Include the deductions for grain damage or foreign material; (B) Be based upon the numerical grades determined for each type of grain by the United States Department of Agriculture; and (C) Include a provision allowing for variance in the moisture level of a sample, which shall not subject the sample to reinspection. (f) Samples of grain that are subject to excessive deductions shall be retained in separate containers for two (2) days from the date the sample was graded. Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.

(a) The Department of Agriculture shall adopt rules governing the standards for sampling and grading grain that are consistent with the standards for sampling and grading grain developed by the United States Department of Agriculture.

(b) The Department of Agriculture shall certify: (1) Grain dealers that employ grain samplers and graders; and (2) Courses of instruction in the methods of sampling and grading grain.

(1) Grain dealers that employ grain samplers and graders; and

(2) Courses of instruction in the methods of sampling and grading grain.

(c) The Department of Agriculture shall issue a certificate to a grain dealer who conducts a course of instruction for sampling and grading grain that is satisfactory to the Department of Agriculture.

(d) A grain dealer who issues grades for grain shall: (1) Sample and grade each load of grain delivered by a producer within twenty-four (24) hours of the time the grain is delivered to the grain dealer; and (2) Retain each sample of grain received from a producer that is subject to excessive deductions for grain damage or foreign material.

(1) Sample and grade each load of grain delivered by a producer within twenty-four (24) hours of the time the grain is delivered to the grain dealer; and

(2) Retain each sample of grain received from a producer that is subject to excessive deductions for grain damage or foreign material.

(e) (1) The Department of Agriculture shall promulgate a rule regarding the level of deduction that is excessive for each type of grain. (2) The rule shall: (A) Include the deductions for grain damage or foreign material; (B) Be based upon the numerical grades determined for each type of grain by the United States Department of Agriculture; and (C) Include a provision allowing for variance in the moisture level of a sample, which shall not subject the sample to reinspection.

(1) The Department of Agriculture shall promulgate a rule regarding the level of deduction that is excessive for each type of grain.

(2) The rule shall: (A) Include the deductions for grain damage or foreign material; (B) Be based upon the numerical grades determined for each type of grain by the United States Department of Agriculture; and (C) Include a provision allowing for variance in the moisture level of a sample, which shall not subject the sample to reinspection.

(A) Include the deductions for grain damage or foreign material;

(B) Be based upon the numerical grades determined for each type of grain by the United States Department of Agriculture; and

(C) Include a provision allowing for variance in the moisture level of a sample, which shall not subject the sample to reinspection.

(f) Samples of grain that are subject to excessive deductions shall be retained in separate containers for two (2) days from the date the sample was graded.

Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-36-205 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-205
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1973, No. 317, § 9; A.S.A. 1947, § 78-1618.

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

Acts 1973, No. 317, § 9; A.S.A. 1947, § 78-1618.
Ark. Code Ann. § 2-15-405 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-405
[Repealed]
Status: repealed

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

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

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-2-301 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-301
Applicability
Status: in_force

Except as otherwise provided in this subchapter, the provisions of this subchapter shall apply exclusively to the merger, consolidation, mortgage, sale, and lease of assets of and by an association subject to the provisions of this subchapter. Acts 1981, No. 121, § 13; A.S.A. 1947, § 77-1039.

Except as otherwise provided in this subchapter, the provisions of this subchapter shall apply exclusively to the merger, consolidation, mortgage, sale, and lease of assets of and by an association subject to the provisions of this subchapter.

Acts 1981, No. 121, § 13; A.S.A. 1947, § 77-1039.
Ark. Code Ann. § 2-19-413 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-413
Injunctions
Status: in_force

(a) The State Plant Board is authorized to apply for, and the court is authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under it, notwithstanding the existence of other remedies at law. (b) The injunction shall be issued without bond. Amended by Act 2019, No. 315,§ 18, eff. 7/24/2019. Acts 1977, No. 377, § 12; A.S.A. 1947, § 77-2112.

(a) The State Plant Board is authorized to apply for, and the court is authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under it, notwithstanding the existence of other remedies at law.

(b) The injunction shall be issued without bond.

Amended by Act 2019, No. 315,§ 18, eff. 7/24/2019.

Acts 1977, No. 377, § 12; A.S.A. 1947, § 77-2112.
Ark. Code Ann. § 2-7-308 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-308
Right to attorney - Duties of mediator
Status: in_force

(a) (1) A farmer or other party has the right to be represented by an attorney at any mediation meeting or hearing. (2) A waiver of this right before any mediation meeting or hearing is ineffective. (b) At the initial mediation meeting and subsequent meetings, the mediator shall: (1) Listen to the farmer and the creditors desiring to be heard; (2) Attempt to mediate between the farmer and the creditors to reach a consensus where possible; (3) Advise the farmer and creditor as to the existence of available assistance programs; (4) Encourage the parties to adjust, refinance, or provide for the payment of the farmer's debts; and (5) Advise, counsel, and assist the farmer and creditors in attempting to arrive at an agreement for the future conduct of financial relations among the parties or to arrive at a settlement which may be stipulated to in court for the resolution to the court action. Acts 1989, No. 829, §§ 7, 9.

(a) (1) A farmer or other party has the right to be represented by an attorney at any mediation meeting or hearing. (2) A waiver of this right before any mediation meeting or hearing is ineffective.

(1) A farmer or other party has the right to be represented by an attorney at any mediation meeting or hearing.

(2) A waiver of this right before any mediation meeting or hearing is ineffective.

(b) At the initial mediation meeting and subsequent meetings, the mediator shall: (1) Listen to the farmer and the creditors desiring to be heard; (2) Attempt to mediate between the farmer and the creditors to reach a consensus where possible; (3) Advise the farmer and creditor as to the existence of available assistance programs; (4) Encourage the parties to adjust, refinance, or provide for the payment of the farmer's debts; and (5) Advise, counsel, and assist the farmer and creditors in attempting to arrive at an agreement for the future conduct of financial relations among the parties or to arrive at a settlement which may be stipulated to in court for the resolution to the court action.

(1) Listen to the farmer and the creditors desiring to be heard;

(2) Attempt to mediate between the farmer and the creditors to reach a consensus where possible;

(3) Advise the farmer and creditor as to the existence of available assistance programs;

(4) Encourage the parties to adjust, refinance, or provide for the payment of the farmer's debts; and

(5) Advise, counsel, and assist the farmer and creditors in attempting to arrive at an agreement for the future conduct of financial relations among the parties or to arrive at a settlement which may be stipulated to in court for the resolution to the court action.

Acts 1989, No. 829, §§ 7, 9.
Ark. Code Ann. § 2-33-304 — AR Code / Title 2 / Chapter 33 / Subchapter 3 / Section 2-33-304
Providing of poultry and egg grading services
Status: in_force

(a) (1) The Arkansas Livestock and Poultry Commission shall promulgate such reasonable rules and regulations for poultry and egg grading in this state as may be necessary for the establishment and enforcement thereof. (2) The rules and regulations shall be in compliance with the standards and requirements established by the United States Department of Agriculture for poultry and egg grading purposes. (b) The commission may establish a formula or method of prorating the cost of providing the poultry grading services among the various processors or processing plants using the services. (c) (1) Poultry and egg grading services shall be provided for only those processors or processing plants who make application, who shall comply with the rules and regulations promulgated by the commission, and who shall pay the cost of the services in accordance with regulations of the commission. (2) (A) Any poultry or egg processor or egg processing plant failing to pay the cost of the services in accordance with the regulations promulgated by the commission shall forfeit the right to have poultry graded until the costs are paid. (B) All unpaid costs shall be collectible by the commission in the same manner provided by law for collection of delinquent gross receipts taxes. Acts 1965, No. 49, § 2; A.S.A. 1947, § 78-317.

(a) (1) The Arkansas Livestock and Poultry Commission shall promulgate such reasonable rules and regulations for poultry and egg grading in this state as may be necessary for the establishment and enforcement thereof. (2) The rules and regulations shall be in compliance with the standards and requirements established by the United States Department of Agriculture for poultry and egg grading purposes.

(1) The Arkansas Livestock and Poultry Commission shall promulgate such reasonable rules and regulations for poultry and egg grading in this state as may be necessary for the establishment and enforcement thereof.

(2) The rules and regulations shall be in compliance with the standards and requirements established by the United States Department of Agriculture for poultry and egg grading purposes.

(b) The commission may establish a formula or method of prorating the cost of providing the poultry grading services among the various processors or processing plants using the services.

(c) (1) Poultry and egg grading services shall be provided for only those processors or processing plants who make application, who shall comply with the rules and regulations promulgated by the commission, and who shall pay the cost of the services in accordance with regulations of the commission. (2) (A) Any poultry or egg processor or egg processing plant failing to pay the cost of the services in accordance with the regulations promulgated by the commission shall forfeit the right to have poultry graded until the costs are paid. (B) All unpaid costs shall be collectible by the commission in the same manner provided by law for collection of delinquent gross receipts taxes.

(1) Poultry and egg grading services shall be provided for only those processors or processing plants who make application, who shall comply with the rules and regulations promulgated by the commission, and who shall pay the cost of the services in accordance with regulations of the commission.

(2) (A) Any poultry or egg processor or egg processing plant failing to pay the cost of the services in accordance with the regulations promulgated by the commission shall forfeit the right to have poultry graded until the costs are paid. (B) All unpaid costs shall be collectible by the commission in the same manner provided by law for collection of delinquent gross receipts taxes.

(A) Any poultry or egg processor or egg processing plant failing to pay the cost of the services in accordance with the regulations promulgated by the commission shall forfeit the right to have poultry graded until the costs are paid.

(B) All unpaid costs shall be collectible by the commission in the same manner provided by law for collection of delinquent gross receipts taxes.

Acts 1965, No. 49, § 2; A.S.A. 1947, § 78-317.
Ark. Code Ann. § 2-39-109 — AR Code / Title 2 / Chapter 39 / Section 2-39-109
Damage by motor vehicle
Status: in_force

In instances where a motor vehicle damages the fence or gate belonging to a person other than himself or herself and the damage allows livestock to escape, the owner of the livestock shall not be liable for damage caused by the livestock until he or she has had actual notice of their escape and a reasonable opportunity to repair the fence or gate and recover the livestock. Acts 1981, No. 498, § 2; A.S.A. 1947, § 78-1207.1.

In instances where a motor vehicle damages the fence or gate belonging to a person other than himself or herself and the damage allows livestock to escape, the owner of the livestock shall not be liable for damage caused by the livestock until he or she has had actual notice of their escape and a reasonable opportunity to repair the fence or gate and recover the livestock.

Acts 1981, No. 498, § 2; A.S.A. 1947, § 78-1207.1.
Ark. Code Ann. § 2-40-1302 — AR Code / Title 2 / Chapter 40 / Subchapter 13 / Section 2-40-1302
Disposal
Status: in_force

(a) (1) All large animal carcasses and all parts of large animal carcasses shall be disposed of in a manner prescribed by rules of the Arkansas Livestock and Poultry Commission. (2) However, no large animal carcass shall be buried or otherwise disposed of in any landfill operated under a permit issued by the Division of Environmental Quality. (b) If a person or entity conducts a farming activity at more than one (1) location, it shall not be necessary for such person or entity to have a disposal ditch or facility at each location unless specified by the State Veterinarian. Amended by Act 2019, No. 910,§ 2416, eff. 7/1/2019. Acts 1993, No. 522, §§ 3, 4; 1999, No. 1164, § 2.

(a) (1) All large animal carcasses and all parts of large animal carcasses shall be disposed of in a manner prescribed by rules of the Arkansas Livestock and Poultry Commission. (2) However, no large animal carcass shall be buried or otherwise disposed of in any landfill operated under a permit issued by the Division of Environmental Quality.

(1) All large animal carcasses and all parts of large animal carcasses shall be disposed of in a manner prescribed by rules of the Arkansas Livestock and Poultry Commission.

(2) However, no large animal carcass shall be buried or otherwise disposed of in any landfill operated under a permit issued by the Division of Environmental Quality.

(b) If a person or entity conducts a farming activity at more than one (1) location, it shall not be necessary for such person or entity to have a disposal ditch or facility at each location unless specified by the State Veterinarian.

Amended by Act 2019, No. 910,§ 2416, eff. 7/1/2019.

Acts 1993, No. 522, §§ 3, 4; 1999, No. 1164, § 2.
Ark. Code Ann. § 2-18-108 — AR Code / Title 2 / Chapter 18 / Section 2-18-108
Intergovernmental cooperation
Status: in_force

In administering this chapter, the State Plant Board is authorized to cooperate to the fullest extent with other agencies of the state and federal government. Acts 1931, No. 73, § 9; Pope's Dig., § 12356; A.S.A. 1947, § 77-322.

In administering this chapter, the State Plant Board is authorized to cooperate to the fullest extent with other agencies of the state and federal government.

Acts 1931, No. 73, § 9; Pope's Dig., § 12356; A.S.A. 1947, § 77-322.
Ark. Code Ann. § 2-15-509 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-509
Inspections and sampling
Status: in_force

(a) The Department of Agriculture may enter onto land described by the grower to conduct inspections and collect and test samples. (b) The grower shall pay the cost of inspections under this section. (c) The department may inspect, collect samples from, or test plants from any portion of a lot to ensure compliance with this subchapter. (d) A grower shall allow the department to access the lot and the property on which the lot is located for purposes of this section. (e) The department may establish a sampling, testing, and remediation program published as annual policy guidelines in order to implement the industrial hemp production program. (f) During a scheduled sample collection, the grower or an authorized representative of the grower shall be present at the lot. (g) A representative of the sampling agency shall be provided with complete and unrestricted access during business hours to all industrial hemp and other cannabis plants, whether growing or harvested, and to all land, buildings, and other structures used for the cultivation, handling, and storage of all industrial hemp and other cannabis plants, and all locations listed in the grower license. (h) A grower shall not harvest the industrial hemp or other cannabis plants prior to samples being taken. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) The Department of Agriculture may enter onto land described by the grower to conduct inspections and collect and test samples.

(b) The grower shall pay the cost of inspections under this section.

(c) The department may inspect, collect samples from, or test plants from any portion of a lot to ensure compliance with this subchapter.

(d) A grower shall allow the department to access the lot and the property on which the lot is located for purposes of this section.

(e) The department may establish a sampling, testing, and remediation program published as annual policy guidelines in order to implement the industrial hemp production program.

(f) During a scheduled sample collection, the grower or an authorized representative of the grower shall be present at the lot.

(g) A representative of the sampling agency shall be provided with complete and unrestricted access during business hours to all industrial hemp and other cannabis plants, whether growing or harvested, and to all land, buildings, and other structures used for the cultivation, handling, and storage of all industrial hemp and other cannabis plants, and all locations listed in the grower license.

(h) A grower shall not harvest the industrial hemp or other cannabis plants prior to samples being taken.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-40-814 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-814
Positive reactors at official racetracks
Status: in_force

(a) All equines stabled at a racetrack regulated by the Arkansas Racing Commission which test positive to the official equine infectious anemia test shall be immediately removed from the racetrack, shall be quarantined to the premises to which they are moved, and shall be destroyed, branded by authorized commission personnel, sold for immediate slaughter, or by permit shipped to an approved quarantined holding facility within twenty (20) days after the date of the last official positive equine infectious anemia test. (b) If the equine is destroyed or dies of natural causes within the twenty (20) days, a written and signed statement by an accredited veterinarian or an agent of the commission must be furnished to the office of the State Veterinarian. (c) If the equine is sold for slaughter, the equine may be moved from the owner's premises to an approved market or to an approved slaughter facility provided that the equine is accompanied by a permit for movement. Acts 1997, No. 1306, § 12.

(a) All equines stabled at a racetrack regulated by the Arkansas Racing Commission which test positive to the official equine infectious anemia test shall be immediately removed from the racetrack, shall be quarantined to the premises to which they are moved, and shall be destroyed, branded by authorized commission personnel, sold for immediate slaughter, or by permit shipped to an approved quarantined holding facility within twenty (20) days after the date of the last official positive equine infectious anemia test.

(b) If the equine is destroyed or dies of natural causes within the twenty (20) days, a written and signed statement by an accredited veterinarian or an agent of the commission must be furnished to the office of the State Veterinarian.

(c) If the equine is sold for slaughter, the equine may be moved from the owner's premises to an approved market or to an approved slaughter facility provided that the equine is accompanied by a permit for movement.

Acts 1997, No. 1306, § 12.
Ark. Code Ann. § 2-38-202 — AR Code / Title 2 / Chapter 38 / Subchapter 2 / Section 2-38-202
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 2, eff. 8/1/2023. Rev. Stat., ch. 74, §§ 2, 3; C. & M. Dig., §§ 345, 346; Pope's Dig., §§ 360, 361; A.S.A. 1947, §§ 78-1137, 78-1138.

Repealed by Act 2023, No. 594,§ 2, eff. 8/1/2023.

Rev. Stat., ch. 74, §§ 2, 3; C. & M. Dig., §§ 345, 346; Pope's Dig., §§ 360, 361; A.S.A. 1947, §§ 78-1137, 78-1138.
Ark. Code Ann. § 2-25-104 — AR Code / Title 2 / Chapter 25 / Section 2-25-104
Disputes
Status: in_force

(a) If a dispute arises regarding the grading of a sample that is subject to excessive deductions, the grain dealer or the producer, or both, may request that the sample be regraded by an official grading agency for an official grade that shall be deemed the official grade of the disputed sample. (b) If a regrading is requested, the grain dealer shall provide the sample to the official grading agency at the requester's expense. Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.

(a) If a dispute arises regarding the grading of a sample that is subject to excessive deductions, the grain dealer or the producer, or both, may request that the sample be regraded by an official grading agency for an official grade that shall be deemed the official grade of the disputed sample.

(b) If a regrading is requested, the grain dealer shall provide the sample to the official grading agency at the requester's expense.

Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-6-101 — AR Code / Title 2 / Chapter 6 / Section 2-6-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Catfish Processor Fair Practices Act of 1987". Acts 1987, No. 365, § 1.

This chapter shall be known and may be cited as the "Arkansas Catfish Processor Fair Practices Act of 1987".

Acts 1987, No. 365, § 1.
Ark. Code Ann. § 2-32-406 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-406
Transfer of lien - Priority
Status: in_force

(a) (1) A purchaser or sales agent takes free of an owner's lien otherwise applicable to the livestock purchased and is relieved of any obligations created under § 2-32-403 if the purchaser or sales agent pays the full amount of required consideration for the livestock under a good faith, noncollusive agreement to purchase the livestock. (2) If a purchaser or sales agent pays the full amount of consideration under subdivision (a)(1) of this section, the owner's lien transfers to the proceeds paid by the purchaser or sales agent. (b) An owner's lien shall continue uninterrupted in the proceeds paid to or otherwise due the first purchaser. (c) Except as specifically provided in this section, an owner's lien has priority over the rights of a purchaser or sales agent. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

(a) (1) A purchaser or sales agent takes free of an owner's lien otherwise applicable to the livestock purchased and is relieved of any obligations created under § 2-32-403 if the purchaser or sales agent pays the full amount of required consideration for the livestock under a good faith, noncollusive agreement to purchase the livestock. (2) If a purchaser or sales agent pays the full amount of consideration under subdivision (a)(1) of this section, the owner's lien transfers to the proceeds paid by the purchaser or sales agent.

(1) A purchaser or sales agent takes free of an owner's lien otherwise applicable to the livestock purchased and is relieved of any obligations created under § 2-32-403 if the purchaser or sales agent pays the full amount of required consideration for the livestock under a good faith, noncollusive agreement to purchase the livestock.

(2) If a purchaser or sales agent pays the full amount of consideration under subdivision (a)(1) of this section, the owner's lien transfers to the proceeds paid by the purchaser or sales agent.

(b) An owner's lien shall continue uninterrupted in the proceeds paid to or otherwise due the first purchaser.

(c) Except as specifically provided in this section, an owner's lien has priority over the rights of a purchaser or sales agent.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-2-313 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-313
Rights of shareholders, members, and patrons
Status: in_force

(a) The merger or consolidation of an association under this subchapter shall constitute an assignment to the surviving or new association of all rights of any shareholder, member, or patron in the capital stock, patronage, or other interests in the association determined as of the effective date of the merger or consolidation. (b) The shareholder, member, or patron in a merger, consolidation, sale, lease, or exchange of all or substantially all the property and assets of an association under this subchapter shall not be entitled to have the fair value of his or her capital stock, patronage, or other interests appraised as may otherwise be required by the general corporation laws of this state if: (1) The surviving or new association in any merger or consolidation agrees to assume the obligations for the capital stock, patronage, or other interests of the merging or consolidating association, determined as of the effective date of the merger or consolidation, as may be provided under the bylaws or articles of association of the merging or consolidating association, or the association whose assets are sold or leased; or (2) The acquiring association in any purchase or lease of all or substantially all of the property and assets of a transferring association pays consideration to the transferring association in cash or equity of the acquiring association, or both, the face value of which is equal to or greater than the face value of the issued and outstanding equity of the transferring association held by its shareholders, members, or patrons, determined as of the effective date of the sale or lease of assets. Acts 1981, No. 121, § 12; A.S.A. 1947, § 77-1038; Acts 1991, No. 436, § 1.

(a) The merger or consolidation of an association under this subchapter shall constitute an assignment to the surviving or new association of all rights of any shareholder, member, or patron in the capital stock, patronage, or other interests in the association determined as of the effective date of the merger or consolidation.

(b) The shareholder, member, or patron in a merger, consolidation, sale, lease, or exchange of all or substantially all the property and assets of an association under this subchapter shall not be entitled to have the fair value of his or her capital stock, patronage, or other interests appraised as may otherwise be required by the general corporation laws of this state if: (1) The surviving or new association in any merger or consolidation agrees to assume the obligations for the capital stock, patronage, or other interests of the merging or consolidating association, determined as of the effective date of the merger or consolidation, as may be provided under the bylaws or articles of association of the merging or consolidating association, or the association whose assets are sold or leased; or (2) The acquiring association in any purchase or lease of all or substantially all of the property and assets of a transferring association pays consideration to the transferring association in cash or equity of the acquiring association, or both, the face value of which is equal to or greater than the face value of the issued and outstanding equity of the transferring association held by its shareholders, members, or patrons, determined as of the effective date of the sale or lease of assets.

(1) The surviving or new association in any merger or consolidation agrees to assume the obligations for the capital stock, patronage, or other interests of the merging or consolidating association, determined as of the effective date of the merger or consolidation, as may be provided under the bylaws or articles of association of the merging or consolidating association, or the association whose assets are sold or leased; or

(2) The acquiring association in any purchase or lease of all or substantially all of the property and assets of a transferring association pays consideration to the transferring association in cash or equity of the acquiring association, or both, the face value of which is equal to or greater than the face value of the issued and outstanding equity of the transferring association held by its shareholders, members, or patrons, determined as of the effective date of the sale or lease of assets.

Acts 1981, No. 121, § 12; A.S.A. 1947, § 77-1038; Acts 1991, No. 436, § 1.
Ark. Code Ann. § 2-7-301 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-301
Voluntary mediation
Status: in_force

(a) (1) A farmer and any creditor of the farmer may voluntarily participate in mediation under the Arkansas Farm Mediation Program if they wish to resolve a dispute between them that involves the creditor's interest in a mortgage, lien, security interest, or judgment affecting the agricultural property of the farmer. (2) Voluntary mediation shall occur before an action has been initiated in court in which the farmer and creditor are parties. (b) The Arkansas Farm Mediation Office shall adopt voluntary mediation application and request forms. Acts 1989, No. 829, § 5.

(a) (1) A farmer and any creditor of the farmer may voluntarily participate in mediation under the Arkansas Farm Mediation Program if they wish to resolve a dispute between them that involves the creditor's interest in a mortgage, lien, security interest, or judgment affecting the agricultural property of the farmer. (2) Voluntary mediation shall occur before an action has been initiated in court in which the farmer and creditor are parties.

(1) A farmer and any creditor of the farmer may voluntarily participate in mediation under the Arkansas Farm Mediation Program if they wish to resolve a dispute between them that involves the creditor's interest in a mortgage, lien, security interest, or judgment affecting the agricultural property of the farmer.

(2) Voluntary mediation shall occur before an action has been initiated in court in which the farmer and creditor are parties.

(b) The Arkansas Farm Mediation Office shall adopt voluntary mediation application and request forms.

Acts 1989, No. 829, § 5.
Ark. Code Ann. § 2-38-501 — AR Code / Title 2 / Chapter 38 / Subchapter 5 / Section 2-38-501
Definition
Status: in_force

As used in this subchapter: (1) (A) "Feral hog" means an animal or hybrid animal of either the family Suidae, including without limitation a wild hog, Russian or European wild boar, and Old World swine, or the family Tayassuidae, including without limitation peccary, javelina, and New World swine, that is or has been roaming freely upon public land or private land. (B) "Feral hog" does not include: (i) A stray domestic hog that has escaped from domestic confinement for less than: (a) Five (5) calendar days; or (b) Fifteen (15) calendar days if the owner of the stray domestic hog provides notice of the escape to all adjacent landowners within the first five (5) calendar days of the escape; (ii) A hog held by a zoo accredited by the Association of Zoos and Aquariums or by the designated caretakers of the University of Arkansas mascot; or (iii) A hog held while being transported to a livestock market or for slaughter and having a premises identification tag or other official eartag; and (2) A "feral hog" is deemed to be a public nuisance and an imminent threat to public health and safety. Amended by Act 2021, No. 692,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 464,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 991,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1104,§ 1, eff. 8/16/2013. Acts 1999, No. 457, § 1; 2007, No. 827, § 5.

As used in this subchapter:

(1) (A) "Feral hog" means an animal or hybrid animal of either the family Suidae, including without limitation a wild hog, Russian or European wild boar, and Old World swine, or the family Tayassuidae, including without limitation peccary, javelina, and New World swine, that is or has been roaming freely upon public land or private land. (B) "Feral hog" does not include: (i) A stray domestic hog that has escaped from domestic confinement for less than: (a) Five (5) calendar days; or (b) Fifteen (15) calendar days if the owner of the stray domestic hog provides notice of the escape to all adjacent landowners within the first five (5) calendar days of the escape; (ii) A hog held by a zoo accredited by the Association of Zoos and Aquariums or by the designated caretakers of the University of Arkansas mascot; or (iii) A hog held while being transported to a livestock market or for slaughter and having a premises identification tag or other official eartag; and

(A) "Feral hog" means an animal or hybrid animal of either the family Suidae, including without limitation a wild hog, Russian or European wild boar, and Old World swine, or the family Tayassuidae, including without limitation peccary, javelina, and New World swine, that is or has been roaming freely upon public land or private land.

(B) "Feral hog" does not include: (i) A stray domestic hog that has escaped from domestic confinement for less than: (a) Five (5) calendar days; or (b) Fifteen (15) calendar days if the owner of the stray domestic hog provides notice of the escape to all adjacent landowners within the first five (5) calendar days of the escape; (ii) A hog held by a zoo accredited by the Association of Zoos and Aquariums or by the designated caretakers of the University of Arkansas mascot; or (iii) A hog held while being transported to a livestock market or for slaughter and having a premises identification tag or other official eartag; and

(i) A stray domestic hog that has escaped from domestic confinement for less than: (a) Five (5) calendar days; or (b) Fifteen (15) calendar days if the owner of the stray domestic hog provides notice of the escape to all adjacent landowners within the first five (5) calendar days of the escape;

(a) Five (5) calendar days; or

(b) Fifteen (15) calendar days if the owner of the stray domestic hog provides notice of the escape to all adjacent landowners within the first five (5) calendar days of the escape;

(ii) A hog held by a zoo accredited by the Association of Zoos and Aquariums or by the designated caretakers of the University of Arkansas mascot; or

(iii) A hog held while being transported to a livestock market or for slaughter and having a premises identification tag or other official eartag; and

(2) A "feral hog" is deemed to be a public nuisance and an imminent threat to public health and safety.

Amended by Act 2021, No. 692,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 464,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 991,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1104,§ 1, eff. 8/16/2013.

Acts 1999, No. 457, § 1; 2007, No. 827, § 5.
Ark. Code Ann. § 2-10-101 — AR Code / Title 2 / Chapter 10 / Subchapter 1 / Section 2-10-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Milk Stabilization Act". Amended by Act 2023, No. 691,§ 11, eff. 7/1/2023. Acts 2007, No. 754, § 1.

This subchapter shall be known and may be cited as the "Arkansas Milk Stabilization Act".

Amended by Act 2023, No. 691,§ 11, eff. 7/1/2023.

Acts 2007, No. 754, § 1.
Ark. Code Ann. § 2-38-301 — AR Code / Title 2 / Chapter 38 / Subchapter 3 / Section 2-38-301
Running at large unlawful - Damages
Status: in_force

(a) It shall be unlawful for any livestock to run at large. (b) (1) In every case of trespass by livestock, the owner shall be liable to the person injured for all damages, to which shall be added all costs of impounding, feeding, and caring for the animal. (2) The person damaged shall be entitled to a lien on the livestock for the amount of the damages upon the lien's filing with any court having jurisdiction. Amended by Act 2023, No. 594,§ 3, eff. 8/1/2023. Acts 1947, No. 199, § 1; A.S.A. 1947, § 78-1140.

(a) It shall be unlawful for any livestock to run at large.

(b) (1) In every case of trespass by livestock, the owner shall be liable to the person injured for all damages, to which shall be added all costs of impounding, feeding, and caring for the animal. (2) The person damaged shall be entitled to a lien on the livestock for the amount of the damages upon the lien's filing with any court having jurisdiction.

(1) In every case of trespass by livestock, the owner shall be liable to the person injured for all damages, to which shall be added all costs of impounding, feeding, and caring for the animal.

(2) The person damaged shall be entitled to a lien on the livestock for the amount of the damages upon the lien's filing with any court having jurisdiction.

Amended by Act 2023, No. 594,§ 3, eff. 8/1/2023.

Acts 1947, No. 199, § 1; A.S.A. 1947, § 78-1140.
Ark. Code Ann. § 2-2-307 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-307
Effect of merger or consolidation
Status: in_force

(a) The merger or consolidation shall become effective upon the filing in accordance with this subchapter of articles of merger or consolidation or at a time not more than sixty (60) days after the filing, as may be specified in the articles as the time when the merger or consolidation shall become effective. (b) When the merger or consolidation has been effected: (1) The several associations party to the plan of merger or consolidation shall be a single association which, in the case of a merger, shall be that association designated in the plan of merger as the surviving association or, in the case of a consolidation, shall be the new association provided for in the plan of consolidation; (2) Subject to this subchapter, the separate existence of all associations party to the plan of merger or consolidation, except the surviving or new association, shall cease; (3) The surviving or new association shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of an association organized under this subchapter; (4) (A) The surviving or new association shall possess all the rights, privileges, immunities, and franchises of a public as well as of a private nature of each of the merging or consolidating associations. (B) (i) All property, real, personal, and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to, or due to each of the associations so merged or consolidated, shall be taken and deemed to be transferred to and vested in the single association without further act or deed. (ii) The title to any real estate or any interest therein vested in any of the associations shall not revert or be in any way impaired by reason of the merger or consolidation; (5) (A) The surviving or new association shall be responsible and liable for all the liabilities and obligations of each of the associations so merged or consolidated. (B) Any claim existing or action or proceeding pending by or against any of the associations may be prosecuted as if the merger or consolidation had not taken place or the surviving or new association may be substituted in its place. (C) Neither the rights of creditors nor any liens upon the property of any association shall be impaired by the merger or consolidation; and (6) (A) In the case of a merger, the articles of incorporation of the surviving association shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger. (B) In the case of a consolidation, the statements set forth in the articles of consolidation which are required or permitted to be set forth in the articles of incorporation of associations organized under this subchapter shall be deemed to be the original articles of incorporation of the new association. Acts 1981, No. 121, § 6; A.S.A. 1947, § 77-1032.

(a) The merger or consolidation shall become effective upon the filing in accordance with this subchapter of articles of merger or consolidation or at a time not more than sixty (60) days after the filing, as may be specified in the articles as the time when the merger or consolidation shall become effective.

(b) When the merger or consolidation has been effected: (1) The several associations party to the plan of merger or consolidation shall be a single association which, in the case of a merger, shall be that association designated in the plan of merger as the surviving association or, in the case of a consolidation, shall be the new association provided for in the plan of consolidation; (2) Subject to this subchapter, the separate existence of all associations party to the plan of merger or consolidation, except the surviving or new association, shall cease; (3) The surviving or new association shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of an association organized under this subchapter; (4) (A) The surviving or new association shall possess all the rights, privileges, immunities, and franchises of a public as well as of a private nature of each of the merging or consolidating associations. (B) (i) All property, real, personal, and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to, or due to each of the associations so merged or consolidated, shall be taken and deemed to be transferred to and vested in the single association without further act or deed. (ii) The title to any real estate or any interest therein vested in any of the associations shall not revert or be in any way impaired by reason of the merger or consolidation; (5) (A) The surviving or new association shall be responsible and liable for all the liabilities and obligations of each of the associations so merged or consolidated. (B) Any claim existing or action or proceeding pending by or against any of the associations may be prosecuted as if the merger or consolidation had not taken place or the surviving or new association may be substituted in its place. (C) Neither the rights of creditors nor any liens upon the property of any association shall be impaired by the merger or consolidation; and (6) (A) In the case of a merger, the articles of incorporation of the surviving association shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger. (B) In the case of a consolidation, the statements set forth in the articles of consolidation which are required or permitted to be set forth in the articles of incorporation of associations organized under this subchapter shall be deemed to be the original articles of incorporation of the new association.

(1) The several associations party to the plan of merger or consolidation shall be a single association which, in the case of a merger, shall be that association designated in the plan of merger as the surviving association or, in the case of a consolidation, shall be the new association provided for in the plan of consolidation;

(2) Subject to this subchapter, the separate existence of all associations party to the plan of merger or consolidation, except the surviving or new association, shall cease;

(3) The surviving or new association shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of an association organized under this subchapter;

(4) (A) The surviving or new association shall possess all the rights, privileges, immunities, and franchises of a public as well as of a private nature of each of the merging or consolidating associations. (B) (i) All property, real, personal, and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to, or due to each of the associations so merged or consolidated, shall be taken and deemed to be transferred to and vested in the single association without further act or deed. (ii) The title to any real estate or any interest therein vested in any of the associations shall not revert or be in any way impaired by reason of the merger or consolidation;

(A) The surviving or new association shall possess all the rights, privileges, immunities, and franchises of a public as well as of a private nature of each of the merging or consolidating associations.

(B) (i) All property, real, personal, and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to, or due to each of the associations so merged or consolidated, shall be taken and deemed to be transferred to and vested in the single association without further act or deed. (ii) The title to any real estate or any interest therein vested in any of the associations shall not revert or be in any way impaired by reason of the merger or consolidation;

(i) All property, real, personal, and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and all and every other interest of or belonging to, or due to each of the associations so merged or consolidated, shall be taken and deemed to be transferred to and vested in the single association without further act or deed.

(ii) The title to any real estate or any interest therein vested in any of the associations shall not revert or be in any way impaired by reason of the merger or consolidation;

(5) (A) The surviving or new association shall be responsible and liable for all the liabilities and obligations of each of the associations so merged or consolidated. (B) Any claim existing or action or proceeding pending by or against any of the associations may be prosecuted as if the merger or consolidation had not taken place or the surviving or new association may be substituted in its place. (C) Neither the rights of creditors nor any liens upon the property of any association shall be impaired by the merger or consolidation; and

(A) The surviving or new association shall be responsible and liable for all the liabilities and obligations of each of the associations so merged or consolidated.

(B) Any claim existing or action or proceeding pending by or against any of the associations may be prosecuted as if the merger or consolidation had not taken place or the surviving or new association may be substituted in its place.

(C) Neither the rights of creditors nor any liens upon the property of any association shall be impaired by the merger or consolidation; and

(6) (A) In the case of a merger, the articles of incorporation of the surviving association shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger. (B) In the case of a consolidation, the statements set forth in the articles of consolidation which are required or permitted to be set forth in the articles of incorporation of associations organized under this subchapter shall be deemed to be the original articles of incorporation of the new association.

(A) In the case of a merger, the articles of incorporation of the surviving association shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger.

(B) In the case of a consolidation, the statements set forth in the articles of consolidation which are required or permitted to be set forth in the articles of incorporation of associations organized under this subchapter shall be deemed to be the original articles of incorporation of the new association.

Acts 1981, No. 121, § 6; A.S.A. 1947, § 77-1032.
Ark. Code Ann. § 2-15-301 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Grain, Soybean, and Peanut Owner's Lien Act". Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Grain, Soybean, and Peanut Owner's Lien Act".

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-2-404 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-404
Who may organize
Status: in_force

Five (5) or more persons engaged in the production of agricultural products may form a nonprofit cooperative association, with or without capital stock, under the provisions of this subchapter. Acts 1921, No. 116, § 3; Pope's Dig., § 2288; A.S.A. 1947, § 77-903.

Five (5) or more persons engaged in the production of agricultural products may form a nonprofit cooperative association, with or without capital stock, under the provisions of this subchapter.

Acts 1921, No. 116, § 3; Pope's Dig., § 2288; A.S.A. 1947, § 77-903.
Ark. Code Ann. § 2-1-302 — AR Code / Title 2 / Chapter 1 / Subchapter 3 / Section 2-1-302
Definitions
Status: in_force

As used in this subchapter: (1) "Agricultural product" means a horticultural, viticultural, forestry, dairy, livestock, poultry, or bee product or any other farm, ranch, plantation, or range product; (2) "Beef" means the flesh of a domesticated bovine, such as a steer or cow, that is edible by humans; (3) "Beef product" means an agricultural product that is edible by humans and produced in whole or in part from beef, including without limitation beef jerky, beef patties, chopped beef, fabricated steak, hamburger, ground beef, ribs, and roast; (4) "Label" means a display of written, printed, or graphic matter upon or affixed to the container or wrapper in which an agricultural product that is edible by humans is offered for direct retail sale; (5) "Labeling" means the act of identifying, describing, or advertising an agricultural product that is edible by humans by means of the label or through other means; (6) "Livestock" means swine, bovine, sheep, and goat; (7) (A) "Meat" means a portion of a livestock, poultry, or cervid carcass that is edible by humans. (B) "Meat" does not include a: (i) Synthetic product derived from a plant, insect, or other source; or (ii) Product grown in a laboratory from animal cells; (8) "Meat product" means an agricultural product that is edible by humans and made wholly or in part from meat or another portion of a livestock, poultry, or cervid carcass; (9) "Misbrand" means to identify an agricultural product edible by humans in a false or misleading way; (10) "Misrepresent" means to use any untrue, misleading, or deceptive oral or written statement, advertising, label, display, picture, illustration, or sample; (11) "Person" means an individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or other entity doing business in Arkansas; (12) "Pork" means the flesh of a domesticated swine that is edible by humans; (13) "Pork product" means an agricultural product that is edible by humans and produced in whole or in part from pork, including without limitation bacon, bratwurst, ground pork, ham, pork chops, ribs, roast, and sausage; (14) "Poultry" means a domesticated bird that is edible by humans; and (15) "Rice" means the whole, broken, or ground kernels or by-products obtained from the species Oryza sativa L. or Oryza glaberrima, or wild rice, which is obtained from one (1) of the four (4) species of grasses from the genus Zizania or Porteresia. Amended by Act 2021, No. 464,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 464,§ 1, eff. 7/28/2021. Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.

As used in this subchapter:

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

(2) "Beef" means the flesh of a domesticated bovine, such as a steer or cow, that is edible by humans;

(3) "Beef product" means an agricultural product that is edible by humans and produced in whole or in part from beef, including without limitation beef jerky, beef patties, chopped beef, fabricated steak, hamburger, ground beef, ribs, and roast;

(4) "Label" means a display of written, printed, or graphic matter upon or affixed to the container or wrapper in which an agricultural product that is edible by humans is offered for direct retail sale;

(5) "Labeling" means the act of identifying, describing, or advertising an agricultural product that is edible by humans by means of the label or through other means;

(6) "Livestock" means swine, bovine, sheep, and goat;

(7) (A) "Meat" means a portion of a livestock, poultry, or cervid carcass that is edible by humans. (B) "Meat" does not include a: (i) Synthetic product derived from a plant, insect, or other source; or (ii) Product grown in a laboratory from animal cells;

(A) "Meat" means a portion of a livestock, poultry, or cervid carcass that is edible by humans.

(B) "Meat" does not include a: (i) Synthetic product derived from a plant, insect, or other source; or (ii) Product grown in a laboratory from animal cells;

(i) Synthetic product derived from a plant, insect, or other source; or

(ii) Product grown in a laboratory from animal cells;

(8) "Meat product" means an agricultural product that is edible by humans and made wholly or in part from meat or another portion of a livestock, poultry, or cervid carcass;

(9) "Misbrand" means to identify an agricultural product edible by humans in a false or misleading way;

(10) "Misrepresent" means to use any untrue, misleading, or deceptive oral or written statement, advertising, label, display, picture, illustration, or sample;

(11) "Person" means an individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or other entity doing business in Arkansas;

(12) "Pork" means the flesh of a domesticated swine that is edible by humans;

(13) "Pork product" means an agricultural product that is edible by humans and produced in whole or in part from pork, including without limitation bacon, bratwurst, ground pork, ham, pork chops, ribs, roast, and sausage;

(14) "Poultry" means a domesticated bird that is edible by humans; and

(15) "Rice" means the whole, broken, or ground kernels or by-products obtained from the species Oryza sativa L. or Oryza glaberrima, or wild rice, which is obtained from one (1) of the four (4) species of grasses from the genus Zizania or Porteresia.

Amended by Act 2021, No. 464,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 464,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-15-404 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-404
[Repealed]
Status: repealed

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 140,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2414, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2413, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2412, eff. 7/1/2019. Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.

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

Amended by Act 2019, No. 140,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2414, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2413, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2412, eff. 7/1/2019.

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-21-107 — AR Code / Title 2 / Chapter 21 / Section 2-21-107
Issuance of licenses
Status: in_force

(a) All licenses shall be in the name of the person, firm, or corporation licensed and shall show the: (1) Purposes for which issued; and (2) Name and location of the nursery or place of business of the nurseryman or dealer licensed or represented by the agent, salesman, or solicitor licensed. (b) No license shall be issued to any agent, salesman, or solicitor unless the nurseryman or dealer represented shall be licensed. 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) All licenses shall be in the name of the person, firm, or corporation licensed and shall show the: (1) Purposes for which issued; and (2) Name and location of the nursery or place of business of the nurseryman or dealer licensed or represented by the agent, salesman, or solicitor licensed.

(1) Purposes for which issued; and

(2) Name and location of the nursery or place of business of the nurseryman or dealer licensed or represented by the agent, salesman, or solicitor licensed.

(b) No license shall be issued to any agent, salesman, or solicitor unless the nurseryman or dealer represented shall be licensed.

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. § 2-32-504 — AR Code / Title 2 / Chapter 32 / Subchapter 5 / Section 2-32-504
Appellate review
Status: in_force

A person affected by a rule, action, or order made by the Arkansas Livestock and Poultry Commission may obtain review of the rule, action, or order under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.

A person affected by a rule, action, or order made by the Arkansas Livestock and Poultry Commission may obtain review of the rule, action, or order under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.
Ark. Code Ann. § 2-20-502 — AR Code / Title 2 / Chapter 20 / Subchapter 5 / Section 2-20-502
Purpose
Status: in_force

The purpose of this subchapter is to promote the growth and development of the rice industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas. Acts 1985, No. 725, § 2; A.S.A. 1947, § 77-2502.

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

Acts 1985, No. 725, § 2; A.S.A. 1947, § 77-2502.
Ark. Code Ann. § 2-40-1301 — AR Code / Title 2 / Chapter 40 / Subchapter 13 / Section 2-40-1301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Livestock and Poultry Commission created by § 2-33-101 ; (2) "Large animal" means cattle, horses, hogs, sheep, goats, cervidae, bison, llamas, alpacas, ostriches, emus, rheas, and other native or nonnative animals, excluding dogs and cats; and (3) "Large animal carcasses" means carcasses of large animals which died as the result of sickness, suffocation, accident, or from any cause other than intentional slaughter. Acts 1993, No. 522, § 1.

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

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

(2) "Large animal" means cattle, horses, hogs, sheep, goats, cervidae, bison, llamas, alpacas, ostriches, emus, rheas, and other native or nonnative animals, excluding dogs and cats; and

(3) "Large animal carcasses" means carcasses of large animals which died as the result of sickness, suffocation, accident, or from any cause other than intentional slaughter.

Acts 1993, No. 522, § 1.
Ark. Code Ann. § 2-24-107 — AR Code / Title 2 / Chapter 24 / Section 2-24-107
Reporting - Audits and inspections
Status: in_force

(a) A dealer shall report to the State Plant Board annually on the form prescribed by the board. (b) The board may audit and inspect each dealer annually and as necessary. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) A dealer shall report to the State Plant Board annually on the form prescribed by the board.

(b) The board may audit and inspect each dealer annually and as necessary.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-15-101 — AR Code / Title 2 / Chapter 15 / Subchapter 1 / Section 2-15-101
Arkansas Crop and Research Facilities Protection Act
Status: in_force

(a) This section shall be known and may be cited as the "Arkansas Crop and Research Facilities Protection Act". (b) (1) Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency shall be liable for twice the value of the crop damaged or destroyed. (2) In awarding damages under this section, the courts shall consider: (A) The market value of the crop before damage or destruction; and (B) Production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop. (3) Damages available under this section shall be limited to: (A) Twice the market value of the crop before damage or destruction; plus (B) Twice the actual damages involving production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed. (c) This section shall not apply to any persons or entities when performing construction, land improvements, or excavation work in or upon any public right-of-way, public easement, or utility easement or who in good faith believe they are in or upon the right-of-way or easement. Acts 2001, No. 1025, §§ 1-3.

(a) This section shall be known and may be cited as the "Arkansas Crop and Research Facilities Protection Act".

(b) (1) Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency shall be liable for twice the value of the crop damaged or destroyed. (2) In awarding damages under this section, the courts shall consider: (A) The market value of the crop before damage or destruction; and (B) Production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop. (3) Damages available under this section shall be limited to: (A) Twice the market value of the crop before damage or destruction; plus (B) Twice the actual damages involving production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed.

(1) Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency shall be liable for twice the value of the crop damaged or destroyed.

(2) In awarding damages under this section, the courts shall consider: (A) The market value of the crop before damage or destruction; and (B) Production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.

(A) The market value of the crop before damage or destruction; and

(B) Production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.

(3) Damages available under this section shall be limited to: (A) Twice the market value of the crop before damage or destruction; plus (B) Twice the actual damages involving production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed.

(A) Twice the market value of the crop before damage or destruction; plus

(B) Twice the actual damages involving production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed.

(c) This section shall not apply to any persons or entities when performing construction, land improvements, or excavation work in or upon any public right-of-way, public easement, or utility easement or who in good faith believe they are in or upon the right-of-way or easement.

Acts 2001, No. 1025, §§ 1-3.
Ark. Code Ann. § 2-38-105 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-105
Confirmation of notification
Status: in_force

Upon providing notice to the Department of Agriculture as prescribed in § 2-38-104 , the department shall provide to the impounder confirmation of the notification having been made, setting out in the confirmation the description of the livestock and the marks and brands, or either thereof. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Acts 1883, No. 121, § 2, p. 298; C. & M. Dig., § 272; Pope's Dig., § 286; A.S.A. 1947, § 78-1105.

Upon providing notice to the Department of Agriculture as prescribed in § 2-38-104 , the department shall provide to the impounder confirmation of the notification having been made, setting out in the confirmation the description of the livestock and the marks and brands, or either thereof.

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

Acts 1883, No. 121, § 2, p. 298; C. & M. Dig., § 272; Pope's Dig., § 286; A.S.A. 1947, § 78-1105.
Ark. Code Ann. § 2-20-804 — AR Code / Title 2 / Chapter 20 / Subchapter 8 / Section 2-20-804
Arkansas Corn and Grain Sorghum Promotion Board
Status: in_force

(a) The Arkansas Corn and Grain Sorghum Promotion Board is created. (b) (1) The board shall be composed of seven (7) producer members appointed by the Governor and confirmed by the Senate. (2) All of the seven (7) producer members of the board shall be practical producers of corn or grain sorghum in the State of Arkansas. (3) 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 the 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 resident agent of the board shall be the Secretary of the Department of Agriculture, or his or her designee. (e) The Department of Agriculture shall provide administrative support to the board. Amended by Act 2023, No. 712,§ 7, eff. 7/1/2023. Acts 1997, No. 271, § 2.

(a) The Arkansas Corn and Grain Sorghum Promotion Board is created.

(b) (1) The board shall be composed of seven (7) producer members appointed by the Governor and confirmed by the Senate. (2) All of the seven (7) producer members of the board shall be practical producers of corn or grain sorghum in the State of Arkansas. (3) 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 seven (7) producer members appointed by the Governor and confirmed by the Senate.

(2) All of the seven (7) producer members of the board shall be practical producers of corn or grain sorghum in the State of Arkansas.

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

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

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

Acts 1997, No. 271, § 2.
Ark. Code Ann. § 2-16-201 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-201
Title
Status: in_force

This subchapter shall be known as the "Arkansas Plant Act of 1917". Acts 1917, No. 414, § 1; C. & M. Dig., § 8024; Pope's Dig., § 12333; A.S.A. 1947, § 77-101.

This subchapter shall be known as the "Arkansas Plant Act of 1917".

Acts 1917, No. 414, § 1; C. & M. Dig., § 8024; Pope's Dig., § 12333; A.S.A. 1947, § 77-101.
Ark. Code Ann. § 2-19-212 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-212
Local legislation preemption - Definitions
Status: in_force

(a) As used in this section: (1) "Local legislation" means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of this state; and (2) "Political subdivision" means any local governmental entity including without limitation, any city, county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographical area smaller than that of the state. (b) No political subdivision shall: (1) Regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers; or (2) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers. (c) Local legislation in violation of this section is void and unenforceable. Acts 2007, No. 678, § 1.

(a) As used in this section: (1) "Local legislation" means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of this state; and (2) "Political subdivision" means any local governmental entity including without limitation, any city, county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographical area smaller than that of the state.

(1) "Local legislation" means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of this state; and

(2) "Political subdivision" means any local governmental entity including without limitation, any city, county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographical area smaller than that of the state.

(b) No political subdivision shall: (1) Regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers; or (2) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers.

(1) Regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers; or

(2) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers.

(c) Local legislation in violation of this section is void and unenforceable.

Acts 2007, No. 678, § 1.
Ark. Code Ann. § 2-40-403 — AR Code / Title 2 / Chapter 40 / Subchapter 4 / Section 2-40-403
Requirements
Status: in_force

The Arkansas Livestock and Poultry Commission shall, by rule, specify acceptable methods for the disposal of fowl carcasses, including, but not limited to: (1) Composting of carcasses; (2) Cremation or incineration; (3) On-farm freezing; and (4) Rendering. Amended by Act 2021, No. 716,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 29, eff. 7/24/2019. Acts 1985, No. 168, § 2; A.S.A. 1947, § 78-415.2; Acts 1989 (3rd Ex. Sess.), No. 20, § 1; 1993, No. 241, § 2; 1993, No. 250, § 2.

The Arkansas Livestock and Poultry Commission shall, by rule, specify acceptable methods for the disposal of fowl carcasses, including, but not limited to:

(1) Composting of carcasses;

(2) Cremation or incineration;

(3) On-farm freezing; and

(4) Rendering.

Amended by Act 2021, No. 716,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 29, eff. 7/24/2019.

Acts 1985, No. 168, § 2; A.S.A. 1947, § 78-415.2; Acts 1989 (3rd Ex. Sess.), No. 20, § 1; 1993, No. 241, § 2; 1993, No. 250, § 2.
Ark. Code Ann. § 2-32-403 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-403
Livestock lien
Status: in_force

(a) (1) To secure the obligations of a first purchaser to pay the sales price, a livestock owner is granted a lien in all livestock sold by the livestock owner for any unpaid portion of the sales price for the livestock. (2) The lien granted under this section is granted and shall exist as part of and incident to the ownership of livestock. (b) An owner's lien: (1) Exists in and attaches immediately to all livestock on August 16, 2013; and (2) Continues uninterrupted and without lapse: (A) In all livestock upon and after sale of the livestock; and (B) In and to all proceeds. (c) (1) An owner's lien exists until the livestock owner or the sales agent entitled to receive the sales price has received the full amount of the sales price. (2) A security interest or mortgage lien of an owner's lender attaches to the livestock owner's right to an owner's lien in livestock or in proceeds from the sale of the livestock. (3) An owner's lender does not waive its security interest or mortgage lien or right in an owner's lien by approving or authorizing the livestock owner to sell the livestock under a sales agreement. (d) (1) The validity of an owner's lien is not dependent on possession of the livestock by a livestock owner or sales agent. (2) An owner's lien is not void or expired by reason of a change or transfer of the actual or constructive possession of or title to the livestock from the livestock owner or sales agent to a first purchaser or subsequent purchaser. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

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

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

(2) The lien granted under this section is granted and shall exist as part of and incident to the ownership of livestock.

(b) An owner's lien: (1) Exists in and attaches immediately to all livestock on August 16, 2013; and (2) Continues uninterrupted and without lapse: (A) In all livestock upon and after sale of the livestock; and (B) In and to all proceeds.

(1) Exists in and attaches immediately to all livestock on August 16, 2013; and

(2) Continues uninterrupted and without lapse: (A) In all livestock upon and after sale of the livestock; and (B) In and to all proceeds.

(A) In all livestock upon and after sale of the livestock; and

(B) In and to all proceeds.

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

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

(2) A security interest or mortgage lien of an owner's lender attaches to the livestock owner's right to an owner's lien in livestock or in proceeds from the sale of the livestock.

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

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

(1) The validity of an owner's lien is not dependent on possession of the livestock by a livestock owner or sales agent.

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

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-16-108 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-108
State Plant Board Operations and Facilities Construction Fund - Definitions
Status: in_force

(a) As used in this section: (1) "Board" means the State Plant Board; and (2) "Fund" means the State Plant Board Operations and Facilities Construction Fund. (b) (1) There is created in accordance with §§ 19-4-801 - 19-4-803 , 19-4-805 , and 19-4-806 and the Revenue Classification Law, § 19-6-101 et seq., a cash fund entitled the State Plant Board Operations and Facilities Construction Fund, which shall be maintained in such depository bank or banks as may be designated from time to time by the board. (2) (A) The first two hundred thousand dollars ($200,000) in each fiscal year of all fees, interest, penalities, and costs collected by the board that constitute the special revenues specified in § 19-6-301(51) and all income, interest, and earnings thereof are declared to be cash funds to be used solely for paying the cost of operations and maintenance of the board and the financing of the acquisition, construction, and maintenance of facilities for the board's operations, including any additions, extensions, and improvements thereto, the renovation thereof, and the equipping of such facilities. (B) Such cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of Arkansas Constitution, Article 5, § 29, Article 16, § 12, or Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision. (3) The fund shall be held and the amounts therein invested by the board in accordance with the laws of the state pertaining to cash funds. The board may also pledge and use moneys in the fund to provide for the repayment of obligations issued by the Arkansas Development Finance Authority under the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., to accomplish the purposes specified in subdivision (b)(2)(A) of this section and to pay the costs and expenses related to the issuance of such obligations. (c) The provisions of §§ 22-3-1402(c) [repealed] and 22-3-1406 [repealed] shall not be applicable in any respect to the acquisition, construction, extension, or renovation of or the equipping of facilities for the board and shall not under any circumstances constitute a limitation on or prohibition to the financing of the capital improvements by the authority. (d) On July 30, 1999, all moneys then held in the Plant Board Fund created by § 19-6-408 that were derived from the special revenues described in subdivision (b)(2)(A) of this section shall be transferred to the State Plant Board Operations and Facilities Construction Fund, except that the amount transferred shall not exceed the maximum amount provided in subdivision (b)(2)(A) of this section. Acts 1999, No. 846, § 1; 2001, No. 1553, § 28.

(a) As used in this section: (1) "Board" means the State Plant Board; and (2) "Fund" means the State Plant Board Operations and Facilities Construction Fund.

(1) "Board" means the State Plant Board; and

(2) "Fund" means the State Plant Board Operations and Facilities Construction Fund.

(b) (1) There is created in accordance with §§ 19-4-801 - 19-4-803 , 19-4-805 , and 19-4-806 and the Revenue Classification Law, § 19-6-101 et seq., a cash fund entitled the State Plant Board Operations and Facilities Construction Fund, which shall be maintained in such depository bank or banks as may be designated from time to time by the board. (2) (A) The first two hundred thousand dollars ($200,000) in each fiscal year of all fees, interest, penalities, and costs collected by the board that constitute the special revenues specified in § 19-6-301(51) and all income, interest, and earnings thereof are declared to be cash funds to be used solely for paying the cost of operations and maintenance of the board and the financing of the acquisition, construction, and maintenance of facilities for the board's operations, including any additions, extensions, and improvements thereto, the renovation thereof, and the equipping of such facilities. (B) Such cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of Arkansas Constitution, Article 5, § 29, Article 16, § 12, or Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision. (3) The fund shall be held and the amounts therein invested by the board in accordance with the laws of the state pertaining to cash funds. The board may also pledge and use moneys in the fund to provide for the repayment of obligations issued by the Arkansas Development Finance Authority under the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., to accomplish the purposes specified in subdivision (b)(2)(A) of this section and to pay the costs and expenses related to the issuance of such obligations.

(1) There is created in accordance with §§ 19-4-801 - 19-4-803 , 19-4-805 , and 19-4-806 and the Revenue Classification Law, § 19-6-101 et seq., a cash fund entitled the State Plant Board Operations and Facilities Construction Fund, which shall be maintained in such depository bank or banks as may be designated from time to time by the board.

(2) (A) The first two hundred thousand dollars ($200,000) in each fiscal year of all fees, interest, penalities, and costs collected by the board that constitute the special revenues specified in § 19-6-301(51) and all income, interest, and earnings thereof are declared to be cash funds to be used solely for paying the cost of operations and maintenance of the board and the financing of the acquisition, construction, and maintenance of facilities for the board's operations, including any additions, extensions, and improvements thereto, the renovation thereof, and the equipping of such facilities. (B) Such cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of Arkansas Constitution, Article 5, § 29, Article 16, § 12, or Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision.

(A) The first two hundred thousand dollars ($200,000) in each fiscal year of all fees, interest, penalities, and costs collected by the board that constitute the special revenues specified in § 19-6-301(51) and all income, interest, and earnings thereof are declared to be cash funds to be used solely for paying the cost of operations and maintenance of the board and the financing of the acquisition, construction, and maintenance of facilities for the board's operations, including any additions, extensions, and improvements thereto, the renovation thereof, and the equipping of such facilities.

(B) Such cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of Arkansas Constitution, Article 5, § 29, Article 16, § 12, or Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision.

(3) The fund shall be held and the amounts therein invested by the board in accordance with the laws of the state pertaining to cash funds. The board may also pledge and use moneys in the fund to provide for the repayment of obligations issued by the Arkansas Development Finance Authority under the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., to accomplish the purposes specified in subdivision (b)(2)(A) of this section and to pay the costs and expenses related to the issuance of such obligations.

(c) The provisions of §§ 22-3-1402(c) [repealed] and 22-3-1406 [repealed] shall not be applicable in any respect to the acquisition, construction, extension, or renovation of or the equipping of facilities for the board and shall not under any circumstances constitute a limitation on or prohibition to the financing of the capital improvements by the authority.

(d) On July 30, 1999, all moneys then held in the Plant Board Fund created by § 19-6-408 that were derived from the special revenues described in subdivision (b)(2)(A) of this section shall be transferred to the State Plant Board Operations and Facilities Construction Fund, except that the amount transferred shall not exceed the maximum amount provided in subdivision (b)(2)(A) of this section.

Acts 1999, No. 846, § 1; 2001, No. 1553, § 28.
Ark. Code Ann. § 2-20-302 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-302
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Closed package" means a barrel, box, basket, sack, carrier, or crate, of which all of the contents cannot readily be seen or inspected when the package is prepared for market; (2) "Culls" means products which, on account of quality and condition, do not come within any of the above classifications or grades; (3) "Persons" means individuals, partnerships, corporations, associations, or associations of two (2) or more individuals having a joint or common interest; (4) "Places" means vessels, cars, and other vehicles, buildings, docks, railroad platforms, orchards, fields, and other premises where agricultural products are grown, kept, or handled; (5) "Ripes" means products which are too ripe or soft, due to ripeness only, to ship, but which are satisfactory for short hauls and immediate consumption; (6) "Ungraded" means products packaged which may be any combination of the United States standard grades or the grades established by this subchapter and, in addition, may include field run and all other grades with only soft and decayed fruit excluded; and (7) "Utility" or "combination" means products packaged which may be any combination of the United States standard grades or grades established by this subchapter. Acts 1947, No. 343, § 9; A.S.A. 1947, § 77-610.

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

(1) "Closed package" means a barrel, box, basket, sack, carrier, or crate, of which all of the contents cannot readily be seen or inspected when the package is prepared for market;

(2) "Culls" means products which, on account of quality and condition, do not come within any of the above classifications or grades;

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

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

(5) "Ripes" means products which are too ripe or soft, due to ripeness only, to ship, but which are satisfactory for short hauls and immediate consumption;

(6) "Ungraded" means products packaged which may be any combination of the United States standard grades or the grades established by this subchapter and, in addition, may include field run and all other grades with only soft and decayed fruit excluded; and

(7) "Utility" or "combination" means products packaged which may be any combination of the United States standard grades or grades established by this subchapter.

Acts 1947, No. 343, § 9; A.S.A. 1947, § 77-610.
Ark. Code Ann. § 2-19-303 — AR Code / Title 2 / Chapter 19 / Subchapter 3 / Section 2-19-303
Labeling requirements - Definition
Status: in_force

(a) As used in this subchapter, unless the context otherwise requires, "liming material" means all or any form of limestone, lime rock, dolomite, marl, slag, by-product lime, brown lime, industry or factory refuse lime, and any other material moved, prepared, sold, or distributed primarily for correcting soil acidity. (b) Every lot, package, or parcel of liming material sold or offered or exposed for sale or distribution within this state shall have on each bag, package, or other container in a conspicuous place on the outside; or in the case of bulk lime, there shall accompany each load and the vendor shall present to the purchaser a legible and true statement in the English language giving: (1) The net weight of the contents of the package, bag, other container, or bulk load; (2) The true name of the product; (3) The name and principal address of the manufacturer, importer, or other guarantor; (4) The minimum neutralizing value in terms of percent of calcium carbonate equivalent; (5) The degree of fineness expressed as: (A) Minimum percentage passing through a ten (10) mesh sieve; (B) Minimum percentage passing through a sixty (60) mesh sieve; and (C) Minimum percentage passing through a one hundred (100) mesh sieve; and (6) Any other statements that the State Plant Board in its rules may require. (c) In lieu of subdivisions (b)(4) and (5) of this section, the board may in its rules set minimum standards of calcium carbonate equivalence and fineness for various grades of liming materials. These grades when stated shall become the minimum guarantees of the liming material so labeled. Acts 1969, No. 353, § 2; A.S.A. 1947, § 77-1902.

(a) As used in this subchapter, unless the context otherwise requires, "liming material" means all or any form of limestone, lime rock, dolomite, marl, slag, by-product lime, brown lime, industry or factory refuse lime, and any other material moved, prepared, sold, or distributed primarily for correcting soil acidity.

(b) Every lot, package, or parcel of liming material sold or offered or exposed for sale or distribution within this state shall have on each bag, package, or other container in a conspicuous place on the outside; or in the case of bulk lime, there shall accompany each load and the vendor shall present to the purchaser a legible and true statement in the English language giving: (1) The net weight of the contents of the package, bag, other container, or bulk load; (2) The true name of the product; (3) The name and principal address of the manufacturer, importer, or other guarantor; (4) The minimum neutralizing value in terms of percent of calcium carbonate equivalent; (5) The degree of fineness expressed as: (A) Minimum percentage passing through a ten (10) mesh sieve; (B) Minimum percentage passing through a sixty (60) mesh sieve; and (C) Minimum percentage passing through a one hundred (100) mesh sieve; and (6) Any other statements that the State Plant Board in its rules may require.

(1) The net weight of the contents of the package, bag, other container, or bulk load;

(2) The true name of the product;

(3) The name and principal address of the manufacturer, importer, or other guarantor;

(4) The minimum neutralizing value in terms of percent of calcium carbonate equivalent;

(5) The degree of fineness expressed as: (A) Minimum percentage passing through a ten (10) mesh sieve; (B) Minimum percentage passing through a sixty (60) mesh sieve; and (C) Minimum percentage passing through a one hundred (100) mesh sieve; and

(A) Minimum percentage passing through a ten (10) mesh sieve;

(B) Minimum percentage passing through a sixty (60) mesh sieve; and

(C) Minimum percentage passing through a one hundred (100) mesh sieve; and

(6) Any other statements that the State Plant Board in its rules may require.

(c) In lieu of subdivisions (b)(4) and (5) of this section, the board may in its rules set minimum standards of calcium carbonate equivalence and fineness for various grades of liming materials. These grades when stated shall become the minimum guarantees of the liming material so labeled.

Acts 1969, No. 353, § 2; A.S.A. 1947, § 77-1902.
Ark. Code Ann. § 2-32-410 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-410
Lien expiration - Action on an owner's lien
Status: in_force

(a) An owner's lien expires one (1) year after the last day of the month following the date the sales price from the sale of livestock subject to the lien is required by law or contract to be paid to the livestock owner but only as to the particular livestock sold during the month unless an action to enforce the owner's lien is commenced in a court of competent jurisdiction during that time. (b) If a sales agent advances the sales price for livestock to the livestock owner before the first purchaser pays the sales price in full to the livestock owner or sales agent, the sales agent shall assume and may enforce all rights of the livestock owner under this subchapter as to the livestock or the proceeds from the sale of the livestock. (c) (1) In addition to any other court of competent jurisdiction, an action to enforce an owner's lien may be commenced in the district court of the county in which the: (A) Agreement to sell is executed; (B) Sales price is to be paid; (C) The livestock that have not been paid for are located; or (D) Proceeds may be found. (2) The commencement of one (1) or more of the following proceedings by or against a person claiming an interest in property subject to an owner's lien tolls the one-year period in which to commence an action to enforce the owner's lien under subsection (a) of this section for an additional period of ninety (90) days from the earlier of the final conclusion or dismissal of the proceedings or the date final relief is obtained from the applicable tribunal authorizing the commencement of the action: (A) An action seeking to adjudicate the person as bankrupt or insolvent; (B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or (C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property. (d) The prevailing party in an action to enforce this subchapter may recover costs and reasonable attorney's fees in any legal proceeding. (e) This subchapter does not impair or affect the right of a livestock owner or a sales agent to maintain a personal action to recover the debt against a person liable for payment of the sales price or to exercise any other available rights and remedies. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

(a) An owner's lien expires one (1) year after the last day of the month following the date the sales price from the sale of livestock subject to the lien is required by law or contract to be paid to the livestock owner but only as to the particular livestock sold during the month unless an action to enforce the owner's lien is commenced in a court of competent jurisdiction during that time.

(b) If a sales agent advances the sales price for livestock to the livestock owner before the first purchaser pays the sales price in full to the livestock owner or sales agent, the sales agent shall assume and may enforce all rights of the livestock owner under this subchapter as to the livestock or the proceeds from the sale of the livestock.

(c) (1) In addition to any other court of competent jurisdiction, an action to enforce an owner's lien may be commenced in the district court of the county in which the: (A) Agreement to sell is executed; (B) Sales price is to be paid; (C) The livestock that have not been paid for are located; or (D) Proceeds may be found. (2) The commencement of one (1) or more of the following proceedings by or against a person claiming an interest in property subject to an owner's lien tolls the one-year period in which to commence an action to enforce the owner's lien under subsection (a) of this section for an additional period of ninety (90) days from the earlier of the final conclusion or dismissal of the proceedings or the date final relief is obtained from the applicable tribunal authorizing the commencement of the action: (A) An action seeking to adjudicate the person as bankrupt or insolvent; (B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or (C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property.

(1) In addition to any other court of competent jurisdiction, an action to enforce an owner's lien may be commenced in the district court of the county in which the: (A) Agreement to sell is executed; (B) Sales price is to be paid; (C) The livestock that have not been paid for are located; or (D) Proceeds may be found.

(A) Agreement to sell is executed;

(B) Sales price is to be paid;

(C) The livestock that have not been paid for are located; or

(D) Proceeds may be found.

(2) The commencement of one (1) or more of the following proceedings by or against a person claiming an interest in property subject to an owner's lien tolls the one-year period in which to commence an action to enforce the owner's lien under subsection (a) of this section for an additional period of ninety (90) days from the earlier of the final conclusion or dismissal of the proceedings or the date final relief is obtained from the applicable tribunal authorizing the commencement of the action: (A) An action seeking to adjudicate the person as bankrupt or insolvent; (B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or (C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property.

(A) An action seeking to adjudicate the person as bankrupt or insolvent;

(B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or

(C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property.

(d) The prevailing party in an action to enforce this subchapter may recover costs and reasonable attorney's fees in any legal proceeding.

(e) This subchapter does not impair or affect the right of a livestock owner or a sales agent to maintain a personal action to recover the debt against a person liable for payment of the sales price or to exercise any other available rights and remedies.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-38-107 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-107
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 1, eff. 8/1/2023. Acts 1840, § 1, p. 94; C. & M. Dig., § 275, Pope's Dig., § 289; A.S.A. 1947, § 78-1107.

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

Acts 1840, § 1, p. 94; C. & M. Dig., § 275, Pope's Dig., § 289; A.S.A. 1947, § 78-1107.
Ark. Code Ann. § 2-2-122 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-122
Arrangements not in restraint of trade
Status: in_force

No association organized or existing 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, nor shall the marketing or participation contracts or agreements between the association and its members or others or any agreements authorized by this subchapter be considered illegal or in restraint of trade. Acts 1939, No. 153, § 22; A.S.A. 1947, § 77-1022.

No association organized or existing 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, nor shall the marketing or participation contracts or agreements between the association and its members or others or any agreements authorized by this subchapter be considered illegal or in restraint of trade.

Acts 1939, No. 153, § 22; A.S.A. 1947, § 77-1022.