Ark. Code Ann. § 2-40-801 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-801
Definitions
Status: in_force

As used in this subchapter: (1) "Accredited veterinarian" means a veterinarian licensed by the Arkansas Livestock and Poultry Commission and approved by the United States Animal and Plant Health Inspection Service to perform functions required for state or cooperative state and federal animal disease control and eradication programs; (2) "Adjacent herds" means a group or groups of equidae sharing common pasture or having other direct contact with an affected herd or reactor animal and herds containing previous purchases from or exchanges with an affected herd. Herds separated by a distance of less than four hundred forty yards (440 yds.) are considered adjacent herds; (3) "Affected herd" means a herd of equidae that contains or has contained one or more animals infected with equine infectious anemia and that has not passed the required tests necessary for release from quarantine; (4) "Approved laboratory" means a laboratory which is approved by the United States Department of Agriculture and the State Veterinarian to conduct an official test for equine infectious anemia; (5) "Approved market" means a stockyard, livestock market, or other premises, approved by the commission where equidae are congregated for sale; (6) "Authorized agent" means a person who has been authorized by the Arkansas Livestock and Poultry Commission to act on its behalf in making investigations and inspections and performing other services or acts which have been defined by this subchapter; (7) "Certificate of veterinary inspection" means an official document issued by an accredited veterinarian at the point of origin of a shipment of equidae. It shall include: (A) The name, breed, registration number if any, implanted electronic identification transponder number if any, tattoo if any, brand if any, sex, age, color, and markings sufficient to positively identify each equidae listed on the form; (B) A record of a physical examination of each animal verifying freedom from visible evidence of any contagious, infectious, or communicable diseases and the results of an official test for equine infectious anemia, including the name of the approved laboratory, the case number, and the date of the most recent test results; and (C) The equidae temperature reading; (8) "Certified equine infectious anemia verifier" or "certified EIA verifier" means any certificate holder having completed the prescribed training course co-sponsored by the Arkansas Livestock and Poultry Commission, the University of Arkansas Cooperative Extension Service, and the Arkansas Horse Council, Inc.; (9) "Commission" means the Arkansas Livestock and Poultry Commission; (10) "Concentration point" means the gathering of one (1) or more equidae, for any purpose, at a single location, facility, or area whereby equidae will be within four hundred forty yards (440 yds.) from each other; (11) "Designated epidemiologist" means an experienced licensed epidemiologist who has been designated by the State Veterinarian to perform those functions necessary for the classification of equidae, based on the evaluation of test results and consideration of the animal and herd history as well as other epidemiologic factors including, but not limited to, weather conditions, number of vectors in the area, and concentration of animals; (12) "Epidemiologist investigation" means the process used by the designated epidemiologist to classify equidae; (13) "Equidae" means a family of perissodactyl ungulate mammals containing a single genus equus, which includes horses, asses, jacks, jennies, hennies, mules, donkeys, burros, ponies, and zebras; (14) "Equine activity" means: (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (B) Equine training and teaching activities; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of equine to ride, inspect, or evaluate the equine; and (E) Rides, hunts, or other equine activities of any type, no matter how informal or impromptu; (15) "Equine infectious anemia", "EIA", or "EIAV" means the communicable infectious disease which affects equidae and is caused by the virus of equine infectious anemia; (16) "Exposed equidae" means equidae that have been in contact with, associated with, adjacent to, or within four hundred forty yards (440 yds.) of animals known to be equine infectious anemia reactors; (17) "Herd" means one (1) or more equidae of single or multiple ownership maintained on common ground or one (1) or more equidae under single or multiple ownership that are geographically separated but that can have an interchange or movement without regard to health status; (18) (A) "Livestock dealer" means any person engaged in the business of buying or selling livestock including equidae in commerce on a commission basis, or any person registered and bonded under the provisions of the federal Packers and Stockyards Act, as amended, who buys or sells equidae. (B) The term "livestock dealer" does not include a farmer or rancher who buys or sells livestock or equidae in the ordinary course of his or her farming or ranching operation; (19) "Negative current equine infectious anemia test" or "negative current EIA test" means a negative response to an official equine infectious anemia test conducted by an approved laboratory within the past twelve (12) months; (20) "Neighboring herd" means one (1) or more equidae residing within four hundred forty yards (440 yds.) of another premise containing equidae and which other premise is owned, leased, or caretaken by different individuals, partnerships, or corporations. Temporary additions of equidae, regardless of length of time, are considered part of neighboring herds; (21) "Official equine infectious anemia test" or "official EIA test" means the agar gel immunodiffusion (AGID) test, also known as the "Coggins" test, the competitive enzyme-linked immunosorbent assay (CELISA) test, the synthetic antigen enzyme linked immunosorbent assay (SA-ELISA) test and any other United States Department of Agriculture licensed tests approved by the commission; (22) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity; (23) (A) "Permit" or "permit for movement" means an official document issued by the commission, a representative of a Veterinary Services Endorsement Office, or an accredited veterinarian authorizing the movement of a reactor or exposed equidae to a quarantined holding facility, an approved slaughter facility, or approved quarantined premise. (B) The permit shall list the name, breed, registration number if any, tattoo if any, implanted electronic identification transponder number if any, brand if any, sex, age, color, and markings sufficient to positively identify each equidae listed on the form. The owner's name and address, origin and destination locations, and purpose of the movement shall also be recorded; (24) "Quarantine" means a written notice or order issued by the commission showing the boundaries of the area or premise affected, the equidae restricted, and the restrictions, if any; (25) "Quarantined holding facility" means a quarantined premise approved by the commission to handle reactors or exposed equidae; (26) "Reactor" means any equidae which reacts positively to an official equine infectious anemia test; (27) "Regulatory veterinarian" means a veterinarian employed by or acting as an agent for the commission; and (28) "Research facility" means any facility that meets or exceeds the standards and requirements set forth by United States Animal and Plant Health Inspection Services and the commission for equine infectious anemia research. Amended by Act 2023, No. 691,§ 47, eff. 7/1/2023. Acts 1997, No. 1306, § 1; 2001, No. 540, § 1.

As used in this subchapter:

(1) "Accredited veterinarian" means a veterinarian licensed by the Arkansas Livestock and Poultry Commission and approved by the United States Animal and Plant Health Inspection Service to perform functions required for state or cooperative state and federal animal disease control and eradication programs;

(2) "Adjacent herds" means a group or groups of equidae sharing common pasture or having other direct contact with an affected herd or reactor animal and herds containing previous purchases from or exchanges with an affected herd. Herds separated by a distance of less than four hundred forty yards (440 yds.) are considered adjacent herds;

(3) "Affected herd" means a herd of equidae that contains or has contained one or more animals infected with equine infectious anemia and that has not passed the required tests necessary for release from quarantine;

(4) "Approved laboratory" means a laboratory which is approved by the United States Department of Agriculture and the State Veterinarian to conduct an official test for equine infectious anemia;

(5) "Approved market" means a stockyard, livestock market, or other premises, approved by the commission where equidae are congregated for sale;

(6) "Authorized agent" means a person who has been authorized by the Arkansas Livestock and Poultry Commission to act on its behalf in making investigations and inspections and performing other services or acts which have been defined by this subchapter;

(7) "Certificate of veterinary inspection" means an official document issued by an accredited veterinarian at the point of origin of a shipment of equidae. It shall include: (A) The name, breed, registration number if any, implanted electronic identification transponder number if any, tattoo if any, brand if any, sex, age, color, and markings sufficient to positively identify each equidae listed on the form; (B) A record of a physical examination of each animal verifying freedom from visible evidence of any contagious, infectious, or communicable diseases and the results of an official test for equine infectious anemia, including the name of the approved laboratory, the case number, and the date of the most recent test results; and (C) The equidae temperature reading;

(A) The name, breed, registration number if any, implanted electronic identification transponder number if any, tattoo if any, brand if any, sex, age, color, and markings sufficient to positively identify each equidae listed on the form;

(B) A record of a physical examination of each animal verifying freedom from visible evidence of any contagious, infectious, or communicable diseases and the results of an official test for equine infectious anemia, including the name of the approved laboratory, the case number, and the date of the most recent test results; and

(C) The equidae temperature reading;

(8) "Certified equine infectious anemia verifier" or "certified EIA verifier" means any certificate holder having completed the prescribed training course co-sponsored by the Arkansas Livestock and Poultry Commission, the University of Arkansas Cooperative Extension Service, and the Arkansas Horse Council, Inc.;

(9) "Commission" means the Arkansas Livestock and Poultry Commission;

(10) "Concentration point" means the gathering of one (1) or more equidae, for any purpose, at a single location, facility, or area whereby equidae will be within four hundred forty yards (440 yds.) from each other;

(11) "Designated epidemiologist" means an experienced licensed epidemiologist who has been designated by the State Veterinarian to perform those functions necessary for the classification of equidae, based on the evaluation of test results and consideration of the animal and herd history as well as other epidemiologic factors including, but not limited to, weather conditions, number of vectors in the area, and concentration of animals;

(12) "Epidemiologist investigation" means the process used by the designated epidemiologist to classify equidae;

(13) "Equidae" means a family of perissodactyl ungulate mammals containing a single genus equus, which includes horses, asses, jacks, jennies, hennies, mules, donkeys, burros, ponies, and zebras;

(14) "Equine activity" means: (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (B) Equine training and teaching activities; (C) Boarding equines; (D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of equine to ride, inspect, or evaluate the equine; and (E) Rides, hunts, or other equine activities of any type, no matter how informal or impromptu;

(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting;

(B) Equine training and teaching activities;

(C) Boarding equines;

(D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of equine to ride, inspect, or evaluate the equine; and

(E) Rides, hunts, or other equine activities of any type, no matter how informal or impromptu;

(15) "Equine infectious anemia", "EIA", or "EIAV" means the communicable infectious disease which affects equidae and is caused by the virus of equine infectious anemia;

(16) "Exposed equidae" means equidae that have been in contact with, associated with, adjacent to, or within four hundred forty yards (440 yds.) of animals known to be equine infectious anemia reactors;

(17) "Herd" means one (1) or more equidae of single or multiple ownership maintained on common ground or one (1) or more equidae under single or multiple ownership that are geographically separated but that can have an interchange or movement without regard to health status;

(18) (A) "Livestock dealer" means any person engaged in the business of buying or selling livestock including equidae in commerce on a commission basis, or any person registered and bonded under the provisions of the federal Packers and Stockyards Act, as amended, who buys or sells equidae. (B) The term "livestock dealer" does not include a farmer or rancher who buys or sells livestock or equidae in the ordinary course of his or her farming or ranching operation;

(A) "Livestock dealer" means any person engaged in the business of buying or selling livestock including equidae in commerce on a commission basis, or any person registered and bonded under the provisions of the federal Packers and Stockyards Act, as amended, who buys or sells equidae.

(B) The term "livestock dealer" does not include a farmer or rancher who buys or sells livestock or equidae in the ordinary course of his or her farming or ranching operation;

(19) "Negative current equine infectious anemia test" or "negative current EIA test" means a negative response to an official equine infectious anemia test conducted by an approved laboratory within the past twelve (12) months;

(20) "Neighboring herd" means one (1) or more equidae residing within four hundred forty yards (440 yds.) of another premise containing equidae and which other premise is owned, leased, or caretaken by different individuals, partnerships, or corporations. Temporary additions of equidae, regardless of length of time, are considered part of neighboring herds;

(21) "Official equine infectious anemia test" or "official EIA test" means the agar gel immunodiffusion (AGID) test, also known as the "Coggins" test, the competitive enzyme-linked immunosorbent assay (CELISA) test, the synthetic antigen enzyme linked immunosorbent assay (SA-ELISA) test and any other United States Department of Agriculture licensed tests approved by the commission;

(22) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity;

(23) (A) "Permit" or "permit for movement" means an official document issued by the commission, a representative of a Veterinary Services Endorsement Office, or an accredited veterinarian authorizing the movement of a reactor or exposed equidae to a quarantined holding facility, an approved slaughter facility, or approved quarantined premise. (B) The permit shall list the name, breed, registration number if any, tattoo if any, implanted electronic identification transponder number if any, brand if any, sex, age, color, and markings sufficient to positively identify each equidae listed on the form. The owner's name and address, origin and destination locations, and purpose of the movement shall also be recorded;

(A) "Permit" or "permit for movement" means an official document issued by the commission, a representative of a Veterinary Services Endorsement Office, or an accredited veterinarian authorizing the movement of a reactor or exposed equidae to a quarantined holding facility, an approved slaughter facility, or approved quarantined premise.

(B) The permit shall list the name, breed, registration number if any, tattoo if any, implanted electronic identification transponder number if any, brand if any, sex, age, color, and markings sufficient to positively identify each equidae listed on the form. The owner's name and address, origin and destination locations, and purpose of the movement shall also be recorded;

(24) "Quarantine" means a written notice or order issued by the commission showing the boundaries of the area or premise affected, the equidae restricted, and the restrictions, if any;

(25) "Quarantined holding facility" means a quarantined premise approved by the commission to handle reactors or exposed equidae;

(26) "Reactor" means any equidae which reacts positively to an official equine infectious anemia test;

(27) "Regulatory veterinarian" means a veterinarian employed by or acting as an agent for the commission; and

(28) "Research facility" means any facility that meets or exceeds the standards and requirements set forth by United States Animal and Plant Health Inspection Services and the commission for equine infectious anemia research.

Amended by Act 2023, No. 691,§ 47, eff. 7/1/2023.

Acts 1997, No. 1306, § 1; 2001, No. 540, § 1.
Ark. Code Ann. § 2-19-405 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-405
Inspection authorized
Status: in_force

(a) The authorized agents of the State Plant Board may inspect, sample, analyze, and test soil amendments distributed in this state at any time and place and to such extent as may be deemed necessary to determine whether soil amendments are in compliance with this subchapter. (b) The board and its employees or agents are authorized to enter upon public or private property during regular working hours in order to have access to soil amendments for the purpose of administering this subchapter. Acts 1977, No. 377, § 9; A.S.A. 1947, § 77-2109.

(a) The authorized agents of the State Plant Board may inspect, sample, analyze, and test soil amendments distributed in this state at any time and place and to such extent as may be deemed necessary to determine whether soil amendments are in compliance with this subchapter.

(b) The board and its employees or agents are authorized to enter upon public or private property during regular working hours in order to have access to soil amendments for the purpose of administering this subchapter.

Acts 1977, No. 377, § 9; A.S.A. 1947, § 77-2109.
Ark. Code Ann. § 2-40-901 — AR Code / Title 2 / Chapter 40 / Subchapter 9 / Section 2-40-901
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 73, eff. 8/1/2017. Acts 1973, No. 306, § 1; A.S.A. 1947, § 78-452.

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

Acts 1973, No. 306, § 1; A.S.A. 1947, § 78-452.
Ark. Code Ann. § 2-2-117 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-117
Remedies for breach of bylaws or contracts
Status: in_force

(a) (1) The bylaws or the marketing or participation contract of any association existing under this subchapter may fix specific sums as liquidated damages to be paid by the member or stockholder to the association upon the breach or threatened breach by him or her of any provision of the participation agreement or upon the breach or threatened breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of products. (2) These instruments 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. (3) These provisions shall be valid and enforceable in the courts of this state, and the clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties. (b) (1) In the event of any breach or threatened breach of the marketing contract by a member or other person, the association shall be entitled to an injunction to prevent the breach or further breach of the contract and to a decree of specific performance of the contract. (2) (A) Pending the adjudication of the action and upon filing a verified complaint showing the breach or threatened breach and upon filing a bond in the sum of one hundred dollars ($100), the association shall be entitled to an injunction against the member or other person. (B) The judge, in his or her discretion, may increase the bond to five hundred dollars ($500), after a hearing on five (5) days' notice to the parties if justice demands an increase in the amount of the bond. (c) In any civil action, upon any marketing contract of any member with any association existing under this subchapter, it shall be conclusively presumed that the products produced by any person, firm, or corporation during the period of time covered by the marketing contract, on the land of the member, however and by whomsoever produced, are the products of the member. As such, the products of the member are subject to the marketing contract if the products have been grown or acquired under any contract between the member and the other person, firm, or corporation entered into after the execution of the marketing contract. In such actions, the remedies for nondelivery or breach shall lie and be enforceable against the persons, firms, or corporations. Acts 1939, No. 153, § 17; A.S.A. 1947, § 77-1017.

(a) (1) The bylaws or the marketing or participation contract of any association existing under this subchapter may fix specific sums as liquidated damages to be paid by the member or stockholder to the association upon the breach or threatened breach by him or her of any provision of the participation agreement or upon the breach or threatened breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of products. (2) These instruments 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. (3) These provisions shall be valid and enforceable in the courts of this state, and the clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.

(1) The bylaws or the marketing or participation contract of any association existing under this subchapter may fix specific sums as liquidated damages to be paid by the member or stockholder to the association upon the breach or threatened breach by him or her of any provision of the participation agreement or upon the breach or threatened breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of products.

(2) These instruments 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.

(3) These provisions shall be valid and enforceable in the courts of this state, and the clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.

(b) (1) In the event of any breach or threatened breach of the marketing contract by a member or other person, the association shall be entitled to an injunction to prevent the breach or further breach of the contract and to a decree of specific performance of the contract. (2) (A) Pending the adjudication of the action and upon filing a verified complaint showing the breach or threatened breach and upon filing a bond in the sum of one hundred dollars ($100), the association shall be entitled to an injunction against the member or other person. (B) The judge, in his or her discretion, may increase the bond to five hundred dollars ($500), after a hearing on five (5) days' notice to the parties if justice demands an increase in the amount of the bond.

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

(2) (A) Pending the adjudication of the action and upon filing a verified complaint showing the breach or threatened breach and upon filing a bond in the sum of one hundred dollars ($100), the association shall be entitled to an injunction against the member or other person. (B) The judge, in his or her discretion, may increase the bond to five hundred dollars ($500), after a hearing on five (5) days' notice to the parties if justice demands an increase in the amount of the bond.

(A) Pending the adjudication of the action and upon filing a verified complaint showing the breach or threatened breach and upon filing a bond in the sum of one hundred dollars ($100), the association shall be entitled to an injunction against the member or other person.

(B) The judge, in his or her discretion, may increase the bond to five hundred dollars ($500), after a hearing on five (5) days' notice to the parties if justice demands an increase in the amount of the bond.

(c) In any civil action, upon any marketing contract of any member with any association existing under this subchapter, it shall be conclusively presumed that the products produced by any person, firm, or corporation during the period of time covered by the marketing contract, on the land of the member, however and by whomsoever produced, are the products of the member. As such, the products of the member are subject to the marketing contract if the products have been grown or acquired under any contract between the member and the other person, firm, or corporation entered into after the execution of the marketing contract. In such actions, the remedies for nondelivery or breach shall lie and be enforceable against the persons, firms, or corporations.

Acts 1939, No. 153, § 17; A.S.A. 1947, § 77-1017.
Ark. Code Ann. § 2-34-104 — AR Code / Title 2 / Chapter 34 / Subchapter 1 / Section 2-34-104
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 22, eff. 8/1/2017. Rev. Stat., ch. 58, § 4; C. & M. Dig., § 336; Pope's Dig., § 351; A.S.A. 1947, § 78-804.

Repealed by Act 2017, No. 1011,§ 22, eff. 8/1/2017.

Rev. Stat., ch. 58, § 4; C. & M. Dig., § 336; Pope's Dig., § 351; A.S.A. 1947, § 78-804.
Ark. Code Ann. § 2-36-210 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-210
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1973, No. 317, § 11; A.S.A. 1947, § 78-1620; Acts 2001, No. 619, § 1.

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

Acts 1973, No. 317, § 11; A.S.A. 1947, § 78-1620; Acts 2001, No. 619, § 1.
Ark. Code Ann. § 2-20-406 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-406
Assessments on Arkansas-grown soybeans
Status: in_force

(a) (1) Except as otherwise prescribed by regulations approved by the United States Secretary of Agriculture or the Arkansas Soybean Promotion Board, each person purchasing from, and making payment to, a producer for soybeans produced by such producer and marketed for commercial use, including, in any case in which soybeans are pledged as collateral for a loan issued under any federal price support loan program, the Commodity Credit Corporation, shall be a first purchaser and shall collect an assessment from the producer, and each producer shall pay such assessment to the first purchaser, at the applicable rate prescribed in this section. Each first purchaser shall remit such assessment to the Arkansas Soybean Promotion Board or to its designee, the Secretary of the Department of Finance and Administration. For the purpose of this section, purchases from a producer of soybeans or contracts with a producer for production of soybeans for livestock feed or any other application shall constitute marketing for commercial use. (2) Any producer marketing processed soybeans or soybean products of that producer's own production to consumers, either directly or through retail or wholesale outlets, or for export purposes, shall remit the assessment as required by this section. (b) (1) Effective July 1, 1989, there is imposed and levied an assessment at the rate of two cents (2¢) per bushel on all soybeans grown within the State of Arkansas. The assessment shall be deducted from the amount paid the producer at the first point of sale, whether within or without the state, or at the point the soybeans enter into the United States Department of Agriculture loan program. (2) Notwithstanding subdivision (b)(1) of this section, if an assessment is made under the Soybean Promotion, Research and Consumer Information Act of 1990 upon soybeans grown within the State of Arkansas, then, for so long as such assessment is effective, the assessment imposed and levied under this section shall be twenty-five hundredths of one percent (0.25%) of the net market price of all soybeans grown within the State of Arkansas. The assessment of twenty-five hundredths of one percent (0.25%) shall not be in addition to the national assessment, but is intended to correspond to the state credit for assessments paid to a qualified state soybean board under the Soybean Promotion, Research and Consumer Information Act of 1990. If an assessment under the Soybean Promotion, Research and Consumer Information Act of 1990 shall cease to be effective, then, for so long as no such assessment is made, the assessment imposed and levied under this section shall be as provided in subdivision (b)(1) of this section. (3) (A) So long as the assessment on soybeans provided for in this section is two cents (2¢) per bushel, the question of the levy of the two-cents-per-bushel assessment on soybeans may be referred to a vote of the soybean producers of the state by the filing of petitions with the Arkansas Soybean Promotion Board containing signatures of Arkansas soybean producers equal in number to fifteen percent (15%) of all soybean producers in the state. (B) If the petitions are filed and at the referendum election a majority of the Arkansas soybean producers voting on the question vote against the levy of two cents (2¢) per bushel on soybeans, the assessment shall not thereafter be levied. (C) Only those soybean producers who produce soybeans in Arkansas in the crop year immediately preceding the referendum election shall be eligible to vote in the election. (c) (1) The proceeds of the assessment shall be deposited with the Treasurer of State into a special fund to be established for the Arkansas Soybean Promotion Board; provided, that the Secretary of the Department of Finance and Administration may deduct not more than three percent (3%) to cover the cost of collections. (2) Disbursement shall be made only upon motion duly passed by the Arkansas Soybean Promotion Board and presented to the Treasurer of State and only for the purposes prescribed in this subchapter. Amended by Act 2019, No. 910,§ 3275, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3274, eff. 7/1/2019. Acts 1971, No. 259, § 3; 1979, No. 355, §§ 2, 3; A.S.A. 1947, § 77-2003; Acts 1989, No. 102, § 1; 1991, No. 340, § 6.

(a) (1) Except as otherwise prescribed by regulations approved by the United States Secretary of Agriculture or the Arkansas Soybean Promotion Board, each person purchasing from, and making payment to, a producer for soybeans produced by such producer and marketed for commercial use, including, in any case in which soybeans are pledged as collateral for a loan issued under any federal price support loan program, the Commodity Credit Corporation, shall be a first purchaser and shall collect an assessment from the producer, and each producer shall pay such assessment to the first purchaser, at the applicable rate prescribed in this section. Each first purchaser shall remit such assessment to the Arkansas Soybean Promotion Board or to its designee, the Secretary of the Department of Finance and Administration. For the purpose of this section, purchases from a producer of soybeans or contracts with a producer for production of soybeans for livestock feed or any other application shall constitute marketing for commercial use. (2) Any producer marketing processed soybeans or soybean products of that producer's own production to consumers, either directly or through retail or wholesale outlets, or for export purposes, shall remit the assessment as required by this section.

(1) Except as otherwise prescribed by regulations approved by the United States Secretary of Agriculture or the Arkansas Soybean Promotion Board, each person purchasing from, and making payment to, a producer for soybeans produced by such producer and marketed for commercial use, including, in any case in which soybeans are pledged as collateral for a loan issued under any federal price support loan program, the Commodity Credit Corporation, shall be a first purchaser and shall collect an assessment from the producer, and each producer shall pay such assessment to the first purchaser, at the applicable rate prescribed in this section. Each first purchaser shall remit such assessment to the Arkansas Soybean Promotion Board or to its designee, the Secretary of the Department of Finance and Administration. For the purpose of this section, purchases from a producer of soybeans or contracts with a producer for production of soybeans for livestock feed or any other application shall constitute marketing for commercial use.

(2) Any producer marketing processed soybeans or soybean products of that producer's own production to consumers, either directly or through retail or wholesale outlets, or for export purposes, shall remit the assessment as required by this section.

(b) (1) Effective July 1, 1989, there is imposed and levied an assessment at the rate of two cents (2¢) per bushel on all soybeans grown within the State of Arkansas. The assessment shall be deducted from the amount paid the producer at the first point of sale, whether within or without the state, or at the point the soybeans enter into the United States Department of Agriculture loan program. (2) Notwithstanding subdivision (b)(1) of this section, if an assessment is made under the Soybean Promotion, Research and Consumer Information Act of 1990 upon soybeans grown within the State of Arkansas, then, for so long as such assessment is effective, the assessment imposed and levied under this section shall be twenty-five hundredths of one percent (0.25%) of the net market price of all soybeans grown within the State of Arkansas. The assessment of twenty-five hundredths of one percent (0.25%) shall not be in addition to the national assessment, but is intended to correspond to the state credit for assessments paid to a qualified state soybean board under the Soybean Promotion, Research and Consumer Information Act of 1990. If an assessment under the Soybean Promotion, Research and Consumer Information Act of 1990 shall cease to be effective, then, for so long as no such assessment is made, the assessment imposed and levied under this section shall be as provided in subdivision (b)(1) of this section. (3) (A) So long as the assessment on soybeans provided for in this section is two cents (2¢) per bushel, the question of the levy of the two-cents-per-bushel assessment on soybeans may be referred to a vote of the soybean producers of the state by the filing of petitions with the Arkansas Soybean Promotion Board containing signatures of Arkansas soybean producers equal in number to fifteen percent (15%) of all soybean producers in the state. (B) If the petitions are filed and at the referendum election a majority of the Arkansas soybean producers voting on the question vote against the levy of two cents (2¢) per bushel on soybeans, the assessment shall not thereafter be levied. (C) Only those soybean producers who produce soybeans in Arkansas in the crop year immediately preceding the referendum election shall be eligible to vote in the election.

(1) Effective July 1, 1989, there is imposed and levied an assessment at the rate of two cents (2¢) per bushel on all soybeans grown within the State of Arkansas. The assessment shall be deducted from the amount paid the producer at the first point of sale, whether within or without the state, or at the point the soybeans enter into the United States Department of Agriculture loan program.

(2) Notwithstanding subdivision (b)(1) of this section, if an assessment is made under the Soybean Promotion, Research and Consumer Information Act of 1990 upon soybeans grown within the State of Arkansas, then, for so long as such assessment is effective, the assessment imposed and levied under this section shall be twenty-five hundredths of one percent (0.25%) of the net market price of all soybeans grown within the State of Arkansas. The assessment of twenty-five hundredths of one percent (0.25%) shall not be in addition to the national assessment, but is intended to correspond to the state credit for assessments paid to a qualified state soybean board under the Soybean Promotion, Research and Consumer Information Act of 1990. If an assessment under the Soybean Promotion, Research and Consumer Information Act of 1990 shall cease to be effective, then, for so long as no such assessment is made, the assessment imposed and levied under this section shall be as provided in subdivision (b)(1) of this section.

(3) (A) So long as the assessment on soybeans provided for in this section is two cents (2¢) per bushel, the question of the levy of the two-cents-per-bushel assessment on soybeans may be referred to a vote of the soybean producers of the state by the filing of petitions with the Arkansas Soybean Promotion Board containing signatures of Arkansas soybean producers equal in number to fifteen percent (15%) of all soybean producers in the state. (B) If the petitions are filed and at the referendum election a majority of the Arkansas soybean producers voting on the question vote against the levy of two cents (2¢) per bushel on soybeans, the assessment shall not thereafter be levied. (C) Only those soybean producers who produce soybeans in Arkansas in the crop year immediately preceding the referendum election shall be eligible to vote in the election.

(A) So long as the assessment on soybeans provided for in this section is two cents (2¢) per bushel, the question of the levy of the two-cents-per-bushel assessment on soybeans may be referred to a vote of the soybean producers of the state by the filing of petitions with the Arkansas Soybean Promotion Board containing signatures of Arkansas soybean producers equal in number to fifteen percent (15%) of all soybean producers in the state.

(B) If the petitions are filed and at the referendum election a majority of the Arkansas soybean producers voting on the question vote against the levy of two cents (2¢) per bushel on soybeans, the assessment shall not thereafter be levied.

(C) Only those soybean producers who produce soybeans in Arkansas in the crop year immediately preceding the referendum election shall be eligible to vote in the election.

(c) (1) The proceeds of the assessment shall be deposited with the Treasurer of State into a special fund to be established for the Arkansas Soybean Promotion Board; provided, that the Secretary of the Department of Finance and Administration may deduct not more than three percent (3%) to cover the cost of collections. (2) Disbursement shall be made only upon motion duly passed by the Arkansas Soybean Promotion Board and presented to the Treasurer of State and only for the purposes prescribed in this subchapter.

(1) The proceeds of the assessment shall be deposited with the Treasurer of State into a special fund to be established for the Arkansas Soybean Promotion Board; provided, that the Secretary of the Department of Finance and Administration may deduct not more than three percent (3%) to cover the cost of collections.

(2) Disbursement shall be made only upon motion duly passed by the Arkansas Soybean Promotion Board and presented to the Treasurer of State and only for the purposes prescribed in this subchapter.

Amended by Act 2019, No. 910,§ 3275, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3274, eff. 7/1/2019.

Acts 1971, No. 259, § 3; 1979, No. 355, §§ 2, 3; A.S.A. 1947, § 77-2003; Acts 1989, No. 102, § 1; 1991, No. 340, § 6.
Ark. Code Ann. § 2-16-605 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-605
Rules
Status: in_force

(a) (1) The State Plant Board may promulgate rules restricting the pasturage of livestock, entry by persons, and location of honeybee colonies, or other activities affecting the boll weevil eradication program in any premises in an eradication zone which have been or are to be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments. (2) The board may also adopt such other rules as it deems necessary to further effectuate the purposes of this subchapter. (b) All rules promulgated under this subchapter shall be reviewed by the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development or appropriate subcommittees of the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development. Acts 1991, No. 710, §§ 10, 18; 1997, No. 317, § 2.

(a) (1) The State Plant Board may promulgate rules restricting the pasturage of livestock, entry by persons, and location of honeybee colonies, or other activities affecting the boll weevil eradication program in any premises in an eradication zone which have been or are to be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments. (2) The board may also adopt such other rules as it deems necessary to further effectuate the purposes of this subchapter.

(1) The State Plant Board may promulgate rules restricting the pasturage of livestock, entry by persons, and location of honeybee colonies, or other activities affecting the boll weevil eradication program in any premises in an eradication zone which have been or are to be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments.

(2) The board may also adopt such other rules as it deems necessary to further effectuate the purposes of this subchapter.

(b) All rules promulgated under this subchapter shall be reviewed by the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development or appropriate subcommittees of the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development.

Acts 1991, No. 710, §§ 10, 18; 1997, No. 317, § 2.
Ark. Code Ann. § 2-18-109 — AR Code / Title 2 / Chapter 18 / Section 2-18-109
Aflatoxin levels
Status: in_force

The level of aflatoxin in Arkansas-grown grain and seed sold or distributed in this state shall be monitored by the State Plant Board. Acts 1999, No. 1374, § 1.

The level of aflatoxin in Arkansas-grown grain and seed sold or distributed in this state shall be monitored by the State Plant Board.

Acts 1999, No. 1374, § 1.
Ark. Code Ann. § 2-20-306 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-306
Administration
Status: in_force

The State Plant Board shall administer and enforce the provisions of this subchapter. Acts 1947, No. 343, § 2; A.S.A. 1947, § 77-602.

The State Plant Board shall administer and enforce the provisions of this subchapter.

Acts 1947, No. 343, § 2; A.S.A. 1947, § 77-602.
Ark. Code Ann. § 2-37-107 — AR Code / Title 2 / Chapter 37 / Section 2-37-107
Adulteration
Status: in_force

A commercial feed shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this section if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or (2) If it bears or contains any added poisonous, added deleterious, or added non-nutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity: or (ii) a food additive); or (3) If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or (4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act; or (5) If it is, or it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug and Cosmetic Act; or (6) If it is, or it bears or contains any new animal drug which is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act; or (7) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed; or (8) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or (9) It is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter which is unsafe within the meaning of Section 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act; or (10) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (11) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect under Section 409 of the Federal Food, Drug, and Cosmetic Act; or (12) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; or (13) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; or (14) If it contains viable weed seeds in amounts exceeding the limits which the State Plant Board shall establish by rule; or (15) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the board to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the board shall adopt the current good manufacturing practice (CGMP) regulations for Type A medicated articles and Type B and Type C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless the board determines the current good manufacturing regulations are not appropriate to the conditions which exist in this state. Acts 1997, No. 726, § 7.

A commercial feed shall be deemed to be adulterated:

(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this section if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or

(2) If it bears or contains any added poisonous, added deleterious, or added non-nutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity: or (ii) a food additive); or

(3) If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or

(4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act; or

(5) If it is, or it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug and Cosmetic Act; or

(6) If it is, or it bears or contains any new animal drug which is unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act; or

(7) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed; or

(8) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or

(9) It is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter which is unsafe within the meaning of Section 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act; or

(10) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(11) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect under Section 409 of the Federal Food, Drug, and Cosmetic Act; or

(12) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; or

(13) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; or

(14) If it contains viable weed seeds in amounts exceeding the limits which the State Plant Board shall establish by rule; or

(15) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the board to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the board shall adopt the current good manufacturing practice (CGMP) regulations for Type A medicated articles and Type B and Type C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless the board determines the current good manufacturing regulations are not appropriate to the conditions which exist in this state.

Acts 1997, No. 726, § 7.
Ark. Code Ann. § 2-23-102 — AR Code / Title 2 / Chapter 23 / Section 2-23-102
Prerequisite to legal action - Notice - Arbitration
Status: in_force

(a) (1) When any buyer believes that he or she has been damaged by the failure of agricultural seed to produce or perform as represented by the labeling of the agricultural seed, as a prerequisite to the buyer's right to maintain a legal action against the dealer or labeler and within a reasonable time after the alleged defect or violation becomes apparent, the buyer shall file a written notice of intent to seek arbitration to permit inspection of the crops or plants during the growing season. (2) A meeting shall be scheduled by the Director of the State Plant Board between the buyer and labeler for the purpose of resolving the dispute, or if the dispute is not resolved, for officially filing the complaint. (3) The buyer shall make a sworn complaint against the dealer or labeler alleging the damages sustained or to be sustained and file the complaint with the director. (4) The buyer shall send a copy of the complaint to the labeler by United States registered mail. (b) (1) A filing fee of two hundred fifty dollars ($250) plus one dollar ($1.00) per acre filed on, not to exceed a total of seven hundred fifty dollars ($750), shall be paid to the director with each complaint filed, and complaints shall be filed on forms provided by the State Plant Board. (2) This fee shall be deposited into the Plant Board Fund in the State Treasury and may be used by the director to offset expenses of the investigation. (c) Within ten (10) days after receipt of a copy of the complaint, the labeler shall file with the director the labeler's answer to the complaint and send a copy of the answer to the buyer by United States registered mail. (d) (1) However, unless notice of this section is legibly printed or typed on the seed container or on a label affixed to the seed container or printed on the invoice covering bulk seed, the buyer shall not be required to comply with this section as a prerequisite to maintaining a legal action against the dealer or labeler. (2) A notice in the following form, or some reasonably equivalent language, is sufficient: "Notice of Mandatory Arbitration NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a consumer shall file a sworn complaint with the Director of the State Plant Board within such time as to permit inspection of the crops or plants during the growing season." (3) If language setting forth the requirement is not so placed on the seed package, analysis label, or invoice covering bulk seed shipments, the filing and serving of a complaint under this section are not required. Amended by Act 2023, No. 691,§ 35, eff. 7/1/2023. Acts 1991, No. 1024, § 2; 1999, No. 921, § 2.

(a) (1) When any buyer believes that he or she has been damaged by the failure of agricultural seed to produce or perform as represented by the labeling of the agricultural seed, as a prerequisite to the buyer's right to maintain a legal action against the dealer or labeler and within a reasonable time after the alleged defect or violation becomes apparent, the buyer shall file a written notice of intent to seek arbitration to permit inspection of the crops or plants during the growing season. (2) A meeting shall be scheduled by the Director of the State Plant Board between the buyer and labeler for the purpose of resolving the dispute, or if the dispute is not resolved, for officially filing the complaint. (3) The buyer shall make a sworn complaint against the dealer or labeler alleging the damages sustained or to be sustained and file the complaint with the director. (4) The buyer shall send a copy of the complaint to the labeler by United States registered mail.

(1) When any buyer believes that he or she has been damaged by the failure of agricultural seed to produce or perform as represented by the labeling of the agricultural seed, as a prerequisite to the buyer's right to maintain a legal action against the dealer or labeler and within a reasonable time after the alleged defect or violation becomes apparent, the buyer shall file a written notice of intent to seek arbitration to permit inspection of the crops or plants during the growing season.

(2) A meeting shall be scheduled by the Director of the State Plant Board between the buyer and labeler for the purpose of resolving the dispute, or if the dispute is not resolved, for officially filing the complaint.

(3) The buyer shall make a sworn complaint against the dealer or labeler alleging the damages sustained or to be sustained and file the complaint with the director.

(4) The buyer shall send a copy of the complaint to the labeler by United States registered mail.

(b) (1) A filing fee of two hundred fifty dollars ($250) plus one dollar ($1.00) per acre filed on, not to exceed a total of seven hundred fifty dollars ($750), shall be paid to the director with each complaint filed, and complaints shall be filed on forms provided by the State Plant Board. (2) This fee shall be deposited into the Plant Board Fund in the State Treasury and may be used by the director to offset expenses of the investigation.

(1) A filing fee of two hundred fifty dollars ($250) plus one dollar ($1.00) per acre filed on, not to exceed a total of seven hundred fifty dollars ($750), shall be paid to the director with each complaint filed, and complaints shall be filed on forms provided by the State Plant Board.

(2) This fee shall be deposited into the Plant Board Fund in the State Treasury and may be used by the director to offset expenses of the investigation.

(c) Within ten (10) days after receipt of a copy of the complaint, the labeler shall file with the director the labeler's answer to the complaint and send a copy of the answer to the buyer by United States registered mail.

(d) (1) However, unless notice of this section is legibly printed or typed on the seed container or on a label affixed to the seed container or printed on the invoice covering bulk seed, the buyer shall not be required to comply with this section as a prerequisite to maintaining a legal action against the dealer or labeler. (2) A notice in the following form, or some reasonably equivalent language, is sufficient: "Notice of Mandatory Arbitration NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a consumer shall file a sworn complaint with the Director of the State Plant Board within such time as to permit inspection of the crops or plants during the growing season." (3) If language setting forth the requirement is not so placed on the seed package, analysis label, or invoice covering bulk seed shipments, the filing and serving of a complaint under this section are not required.

(1) However, unless notice of this section is legibly printed or typed on the seed container or on a label affixed to the seed container or printed on the invoice covering bulk seed, the buyer shall not be required to comply with this section as a prerequisite to maintaining a legal action against the dealer or labeler.

(2) A notice in the following form, or some reasonably equivalent language, is sufficient: "Notice of Mandatory Arbitration NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a consumer shall file a sworn complaint with the Director of the State Plant Board within such time as to permit inspection of the crops or plants during the growing season."

"Notice of Mandatory Arbitration

NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a consumer shall file a sworn complaint with the Director of the State Plant Board within such time as to permit inspection of the crops or plants during the growing season."

(3) If language setting forth the requirement is not so placed on the seed package, analysis label, or invoice covering bulk seed shipments, the filing and serving of a complaint under this section are not required.

Amended by Act 2023, No. 691,§ 35, eff. 7/1/2023.

Acts 1991, No. 1024, § 2; 1999, No. 921, § 2.
Ark. Code Ann. § 2-15-308 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-308
Applicability
Status: in_force

(a) This subchapter does not affect the time at which legal title to grain, soybeans, or peanuts may pass by agreement or operation of law subject to an owner's lien. (b) This subchapter does not apply to: (1) A farm-owned cooperative; or (2) An entity licensed under the: (A) United States Warehouse Act, 7 U.S.C. § 241 et seq.; or (B) Arkansas Public Grain Warehouse Law, § 2-17-201 et seq. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

(a) This subchapter does not affect the time at which legal title to grain, soybeans, or peanuts may pass by agreement or operation of law subject to an owner's lien.

(b) This subchapter does not apply to: (1) A farm-owned cooperative; or (2) An entity licensed under the: (A) United States Warehouse Act, 7 U.S.C. § 241 et seq.; or (B) Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.

(1) A farm-owned cooperative; or

(2) An entity licensed under the: (A) United States Warehouse Act, 7 U.S.C. § 241 et seq.; or (B) Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.

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

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

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-16-213 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-213
Receiving noncomplying plants, etc
Status: in_force

Any person in this state who receives any plant or plant product sold, given away, carried, shipped, or delivered for carriage or shipment within this state, as to which the requirements of § 2-16-210 have not been complied with, shall immediately inform the State Plant Board or an inspector thereof and isolate and hold the plant product unopened or unused subject to such inspection and other disposition as may be provided for by the board. Acts 1917, No. 414, § 10; C. & M. Dig., § 8033; Pope's Dig., § 12341; A.S.A. 1947, § 77-109.

Any person in this state who receives any plant or plant product sold, given away, carried, shipped, or delivered for carriage or shipment within this state, as to which the requirements of § 2-16-210 have not been complied with, shall immediately inform the State Plant Board or an inspector thereof and isolate and hold the plant product unopened or unused subject to such inspection and other disposition as may be provided for by the board.

Acts 1917, No. 414, § 10; C. & M. Dig., § 8033; Pope's Dig., § 12341; A.S.A. 1947, § 77-109.
Ark. Code Ann. § 2-16-106 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-106
Recovery of quarantine costs
Status: in_force

The State Plant Board is empowered to recover any identifiable expenses from the owner or other person in possession or control of the property upon which it enforces, maintains, and administers any quarantine that is imposed due to infestations or infections of insect pests, diseases, or noxious weeds. Whenever the owner or other person cannot be found or shall fail, neglect, or refuse to reimburse the board for incurred quarantine expenses, the board shall have and enforce a lien for such expenses upon the property upon which it enforces, maintains, or administers any quarantine, in the same manner as liens are had and enforced upon property for labor and materials furnished by virtue of contract with the owner. Acts 1993, No. 783, § 8.

The State Plant Board is empowered to recover any identifiable expenses from the owner or other person in possession or control of the property upon which it enforces, maintains, and administers any quarantine that is imposed due to infestations or infections of insect pests, diseases, or noxious weeds. Whenever the owner or other person cannot be found or shall fail, neglect, or refuse to reimburse the board for incurred quarantine expenses, the board shall have and enforce a lien for such expenses upon the property upon which it enforces, maintains, or administers any quarantine, in the same manner as liens are had and enforced upon property for labor and materials furnished by virtue of contract with the owner.

Acts 1993, No. 783, § 8.
Ark. Code Ann. § 2-35-203 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-203
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 14; Pope's Dig., § 3241; A.S.A. 1947, § 78-914; Acts 2005, No. 1994, § 234.

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

Acts 1937, No. 206, § 14; Pope's Dig., § 3241; A.S.A. 1947, § 78-914; Acts 2005, No. 1994, § 234.
Ark. Code Ann. § 2-20-113 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-113
Right of inspection
Status: in_force

For the purpose of carrying out the provisions and requirements of this subchapter and the rules and notices made and promulgated under it, the State Plant Board and its inspectors shall have power to enter into or upon any place and to open any bundle, package, or container of agricultural products. Acts 1925, No. 218, § 18; Pope's Dig., § 12400; A.S.A. 1947, § 77-517.

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

Acts 1925, No. 218, § 18; Pope's Dig., § 12400; A.S.A. 1947, § 77-517.
Ark. Code Ann. § 2-38-405 — AR Code / Title 2 / Chapter 38 / Subchapter 4 / Section 2-38-405
Notice of impounding
Status: in_force

When livestock found running at large along or on any public highway is delivered to the enclosure provided by the county judge, the sheriff shall give notice of the impounding of the livestock by submitting a description to the Department of Agriculture for public posting. In addition to a description of the livestock, the published notice shall also state the place where the livestock was found running at large and the date and time of its being taken up. Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023. Acts 1955, No. 145, § 5; A.S.A. 1947, § 78-1148.

When livestock found running at large along or on any public highway is delivered to the enclosure provided by the county judge, the sheriff shall give notice of the impounding of the livestock by submitting a description to the Department of Agriculture for public posting. In addition to a description of the livestock, the published notice shall also state the place where the livestock was found running at large and the date and time of its being taken up.

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

Acts 1955, No. 145, § 5; A.S.A. 1947, § 78-1148.
Ark. Code Ann. § 2-6-106 — AR Code / Title 2 / Chapter 6 / Section 2-6-106
Unlawful practices - Penalties
Status: in_force

(a) (1) With respect to catfish or catfish products, it shall be unlawful for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice. (2) If any person subject to this chapter violates any of the provisions of this chapter or of any order of the Department of Agriculture under this chapter relating to the purchase, sale, or handling of catfish, he or she shall be liable to the person injured for the full amount of damages sustained in consequence of the violation. (b) This liability may be enforced either by complaint to the department or by suit in any circuit court of competent jurisdiction. This section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this section are in addition to those remedies. (c) The department 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 chapter or any rule promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond. (d) The department may assess civil penalties against any Class A registrant as follows: (1) Not more than fifty dollars ($50.00) for each day payment to the producer is late under § 2-6-107(a)(2) ; (2) Not more than one hundred dollars ($100) for each day payment to the producer is late under the contract between the registrant and the producer; and (3) In instances where the registrant has paid a producer with an invalid or insufficient check, not more than two hundred dollars ($200) for each day the check is invalid or insufficiently funded. (e) Civil penalties collected under this chapter shall be deposited into the Livestock and Poultry Special Revenue Fund. Amended by Act 2023, No. 588,§ 8, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 5, eff. 7/24/2019. Acts 1987, No. 365, §§ 7, 9, 10; 1989 (3rd Ex. Sess.), No. 53, § 4.

(a) (1) With respect to catfish or catfish products, it shall be unlawful for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice. (2) If any person subject to this chapter violates any of the provisions of this chapter or of any order of the Department of Agriculture under this chapter relating to the purchase, sale, or handling of catfish, he or she shall be liable to the person injured for the full amount of damages sustained in consequence of the violation.

(1) With respect to catfish or catfish products, it shall be unlawful for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice.

(2) If any person subject to this chapter violates any of the provisions of this chapter or of any order of the Department of Agriculture under this chapter relating to the purchase, sale, or handling of catfish, he or she shall be liable to the person injured for the full amount of damages sustained in consequence of the violation.

(b) This liability may be enforced either by complaint to the department or by suit in any circuit court of competent jurisdiction. This section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this section are in addition to those remedies.

(c) The department 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 chapter or any rule promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

(d) The department may assess civil penalties against any Class A registrant as follows: (1) Not more than fifty dollars ($50.00) for each day payment to the producer is late under § 2-6-107(a)(2) ; (2) Not more than one hundred dollars ($100) for each day payment to the producer is late under the contract between the registrant and the producer; and (3) In instances where the registrant has paid a producer with an invalid or insufficient check, not more than two hundred dollars ($200) for each day the check is invalid or insufficiently funded.

(1) Not more than fifty dollars ($50.00) for each day payment to the producer is late under § 2-6-107(a)(2) ;

(2) Not more than one hundred dollars ($100) for each day payment to the producer is late under the contract between the registrant and the producer; and

(3) In instances where the registrant has paid a producer with an invalid or insufficient check, not more than two hundred dollars ($200) for each day the check is invalid or insufficiently funded.

(e) Civil penalties collected under this chapter shall be deposited into the Livestock and Poultry Special Revenue Fund.

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

Amended by Act 2019, No. 315,§ 5, eff. 7/24/2019.

Acts 1987, No. 365, §§ 7, 9, 10; 1989 (3rd Ex. Sess.), No. 53, § 4.
Ark. Code Ann. § 2-17-214 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-214
Renewal of license
Status: in_force

(a) If a public grain warehouseman desires to renew his or her license for an additional year, application for the renewal shall be made on a form prescribed by the Public Grain Warehouse Commissioner. (b) At least sixty (60) days before the expiration of each license, the commissioner shall notify each public grain warehouseman of the date of the expiration and furnish the public grain warehouseman with the renewal form. Acts 1979, No. 83, § 12; A.S.A. 1947, § 77-1312.

(a) If a public grain warehouseman desires to renew his or her license for an additional year, application for the renewal shall be made on a form prescribed by the Public Grain Warehouse Commissioner.

(b) At least sixty (60) days before the expiration of each license, the commissioner shall notify each public grain warehouseman of the date of the expiration and furnish the public grain warehouseman with the renewal form.

Acts 1979, No. 83, § 12; A.S.A. 1947, § 77-1312.
Ark. Code Ann. § 2-40-406 — AR Code / Title 2 / Chapter 40 / Subchapter 4 / Section 2-40-406
Division of Environmental Quality - Jurisdiction unimpaired
Status: in_force

This subchapter shall not be interpreted as denying or preempting the regulatory or enforcement jurisdiction of the Division of Environmental Quality. Amended by Act 2019, No. 910,§ 2415, eff. 7/1/2019. Acts 1989 (3rd Ex. Sess.), No. 20, § 3; 1999, No. 1164, § 1.

This subchapter shall not be interpreted as denying or preempting the regulatory or enforcement jurisdiction of the Division of Environmental Quality.

Amended by Act 2019, No. 910,§ 2415, eff. 7/1/2019.

Acts 1989 (3rd Ex. Sess.), No. 20, § 3; 1999, No. 1164, § 1.
Ark. Code Ann. § 2-21-104 — AR Code / Title 2 / Chapter 21 / Section 2-21-104
Penalty
Status: in_force

Any person who shall violate any provisions or requirements of this chapter or of the rules made under authority of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500). 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.

Any person who shall violate any provisions or requirements of this chapter or of the rules made under authority of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500).

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. § 2-37-112 — AR Code / Title 2 / Chapter 37 / Section 2-37-112
Detained commercial feeds
Status: in_force

(a) Withdrawal from Distribution Orders. (1) (A) When the State Plant Board or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or any of the prescribed rules under this chapter, the board may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the board or the court. (B) The board shall release the lot of commercial feed so withdrawn when the provisions and rules have been complied with. (C) If compliance is not obtained the board may begin, or upon request of the distributor or registrant, shall begin proceedings for condemnation. (2) A withdrawal from distribution order issued under this section expires thirty (30) days after the day it was first issued unless condemnation proceedings have begun in a court of competent jurisdiction. (b) Condemnation and Confiscation. (1) Any lot of commercial feed not in compliance with the provisions and rules shall be subject to seizure on complaint of the board to a court of competent jurisdiction in the area in which the commercial feed is located. (2) (A) In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. (B) However, in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or re-label the commercial feed to bring it into compliance with this chapter. (3) If the court orders the sale of the feed, the proceeds from the sale shall be remitted to the Treasurer of State to be credited to the General Revenue Fund Account of the State Apportionment Fund. Acts 1997, No. 726, § 12.

(a) Withdrawal from Distribution Orders. (1) (A) When the State Plant Board or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or any of the prescribed rules under this chapter, the board may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the board or the court. (B) The board shall release the lot of commercial feed so withdrawn when the provisions and rules have been complied with. (C) If compliance is not obtained the board may begin, or upon request of the distributor or registrant, shall begin proceedings for condemnation. (2) A withdrawal from distribution order issued under this section expires thirty (30) days after the day it was first issued unless condemnation proceedings have begun in a court of competent jurisdiction.

(1) (A) When the State Plant Board or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or any of the prescribed rules under this chapter, the board may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the board or the court. (B) The board shall release the lot of commercial feed so withdrawn when the provisions and rules have been complied with. (C) If compliance is not obtained the board may begin, or upon request of the distributor or registrant, shall begin proceedings for condemnation.

(A) When the State Plant Board or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or any of the prescribed rules under this chapter, the board may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the board or the court.

(B) The board shall release the lot of commercial feed so withdrawn when the provisions and rules have been complied with.

(C) If compliance is not obtained the board may begin, or upon request of the distributor or registrant, shall begin proceedings for condemnation.

(2) A withdrawal from distribution order issued under this section expires thirty (30) days after the day it was first issued unless condemnation proceedings have begun in a court of competent jurisdiction.

(b) Condemnation and Confiscation. (1) Any lot of commercial feed not in compliance with the provisions and rules shall be subject to seizure on complaint of the board to a court of competent jurisdiction in the area in which the commercial feed is located. (2) (A) In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. (B) However, in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or re-label the commercial feed to bring it into compliance with this chapter. (3) If the court orders the sale of the feed, the proceeds from the sale shall be remitted to the Treasurer of State to be credited to the General Revenue Fund Account of the State Apportionment Fund.

(1) Any lot of commercial feed not in compliance with the provisions and rules shall be subject to seizure on complaint of the board to a court of competent jurisdiction in the area in which the commercial feed is located.

(2) (A) In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. (B) However, in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or re-label the commercial feed to bring it into compliance with this chapter.

(A) In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state.

(B) However, in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or re-label the commercial feed to bring it into compliance with this chapter.

(3) If the court orders the sale of the feed, the proceeds from the sale shall be remitted to the Treasurer of State to be credited to the General Revenue Fund Account of the State Apportionment Fund.

Acts 1997, No. 726, § 12.
Ark. Code Ann. § 2-38-502 — AR Code / Title 2 / Chapter 38 / Subchapter 5 / Section 2-38-502
Capturing and killing feral hogs
Status: in_force

(a) A person may capture or kill a feral hog only as follows: (1) On private land if the person is the landowner or lessee or has the permission of the landowner or lessee; (2) On public land if: (A) Allowed by the landowning entity; and (B) The person possesses a valid Arkansas hunting license and complies with Arkansas hunting rules; or (3) After providing verification that he or she has a valid permit issued under rules established by the Arkansas Livestock and Poultry Commission in accordance with 16 U.S.C. § 742j-1 , as it existed on January 1, 2019, upon determining that the permit applicant has a bona fide need to kill feral hogs for protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and not for a recreational hunting purpose. (b) A person whose hunting license is revoked shall not participate in the taking or killing of a feral hog during the period of the revocation, except on his or her own property. (c) (1) A feral hog captured by any means under subsection (a) of this section shall be immediately killed. (2) If a feral hog is captured on private property and not moved from the private property on which the feral hog is taken, the landowner or lessee is not required to kill the feral hog immediately. (d) A certified law enforcement officer or a public employee engaged in the performance of his or her official duties is exempt from the requirements under subdivisions (a)(2) and (3) of this section. Amended by Act 2021, No. 692,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 991,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 697,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 723,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1104,§ 2, eff. 8/16/2013. Acts 1999, No. 457, § 1.

(a) A person may capture or kill a feral hog only as follows: (1) On private land if the person is the landowner or lessee or has the permission of the landowner or lessee; (2) On public land if: (A) Allowed by the landowning entity; and (B) The person possesses a valid Arkansas hunting license and complies with Arkansas hunting rules; or (3) After providing verification that he or she has a valid permit issued under rules established by the Arkansas Livestock and Poultry Commission in accordance with 16 U.S.C. § 742j-1 , as it existed on January 1, 2019, upon determining that the permit applicant has a bona fide need to kill feral hogs for protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and not for a recreational hunting purpose.

(1) On private land if the person is the landowner or lessee or has the permission of the landowner or lessee;

(2) On public land if: (A) Allowed by the landowning entity; and (B) The person possesses a valid Arkansas hunting license and complies with Arkansas hunting rules; or

(A) Allowed by the landowning entity; and

(B) The person possesses a valid Arkansas hunting license and complies with Arkansas hunting rules; or

(3) After providing verification that he or she has a valid permit issued under rules established by the Arkansas Livestock and Poultry Commission in accordance with 16 U.S.C. § 742j-1 , as it existed on January 1, 2019, upon determining that the permit applicant has a bona fide need to kill feral hogs for protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and not for a recreational hunting purpose.

(b) A person whose hunting license is revoked shall not participate in the taking or killing of a feral hog during the period of the revocation, except on his or her own property.

(c) (1) A feral hog captured by any means under subsection (a) of this section shall be immediately killed. (2) If a feral hog is captured on private property and not moved from the private property on which the feral hog is taken, the landowner or lessee is not required to kill the feral hog immediately.

(1) A feral hog captured by any means under subsection (a) of this section shall be immediately killed.

(2) If a feral hog is captured on private property and not moved from the private property on which the feral hog is taken, the landowner or lessee is not required to kill the feral hog immediately.

(d) A certified law enforcement officer or a public employee engaged in the performance of his or her official duties is exempt from the requirements under subdivisions (a)(2) and (3) of this section.

Amended by Act 2021, No. 692,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 991,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 697,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 723,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1104,§ 2, eff. 8/16/2013.

Acts 1999, No. 457, § 1.
Ark. Code Ann. § 2-15-515 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-515
Violations
Status: in_force

(a) A grower has committed a negligent violation of this subchapter if the grower negligently: (1) Fails to provide a legal description of land on which the grower produces industrial hemp; (2) Fails to obtain a license from the State Plant Board; or (3) Produces Cannabis sativa with a tetrahydrocannabinol concentration exceeding the tetrahydrocannabinol level threshold of a negligent violation as defined by federal rule and in this subchapter. (b) (1) The board may promulgate rules establishing additional negligent violations. (2) The board shall not establish additional negligent violations that conflict with any Arkansas law governing criminal offenses. (c) If the Department of Agriculture determines that a grower has committed a negligent violation of this subchapter or a rule adopted under this subchapter, the grower shall comply with a corrective action plan established by the department that includes without limitation a: (1) Reasonable date by which the grower shall correct the negligent violation; and (2) Requirement that the grower shall periodically report to the department on the compliance of the grower with the state plan for a period of not less than two (2) calendar years. (d) A grower that negligently violates this subchapter three (3) times in a five-year period is ineligible to produce industrial hemp for a period of five (5) years beginning on the date of the third violation. (e) If the board determines that a grower has violated this subchapter with a culpable mental state greater than negligence, the board may revoke or suspend the grower's license as provided in § 2-15-512 and shall report the grower to the Attorney General and to law enforcement. (f) In addition to the enforcement remedies described in this section, the board may: (1) Assess a civil penalty in an amount not to exceed five thousand dollars ($5,000) per violation; and (2) Place the grower on probation with a corrective action plan. Amended by Act 2023, No. 629,§ 3, eff. 4/11/2023. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) A grower has committed a negligent violation of this subchapter if the grower negligently: (1) Fails to provide a legal description of land on which the grower produces industrial hemp; (2) Fails to obtain a license from the State Plant Board; or (3) Produces Cannabis sativa with a tetrahydrocannabinol concentration exceeding the tetrahydrocannabinol level threshold of a negligent violation as defined by federal rule and in this subchapter.

(1) Fails to provide a legal description of land on which the grower produces industrial hemp;

(2) Fails to obtain a license from the State Plant Board; or

(3) Produces Cannabis sativa with a tetrahydrocannabinol concentration exceeding the tetrahydrocannabinol level threshold of a negligent violation as defined by federal rule and in this subchapter.

(b) (1) The board may promulgate rules establishing additional negligent violations. (2) The board shall not establish additional negligent violations that conflict with any Arkansas law governing criminal offenses.

(1) The board may promulgate rules establishing additional negligent violations.

(2) The board shall not establish additional negligent violations that conflict with any Arkansas law governing criminal offenses.

(c) If the Department of Agriculture determines that a grower has committed a negligent violation of this subchapter or a rule adopted under this subchapter, the grower shall comply with a corrective action plan established by the department that includes without limitation a: (1) Reasonable date by which the grower shall correct the negligent violation; and (2) Requirement that the grower shall periodically report to the department on the compliance of the grower with the state plan for a period of not less than two (2) calendar years.

(1) Reasonable date by which the grower shall correct the negligent violation; and

(2) Requirement that the grower shall periodically report to the department on the compliance of the grower with the state plan for a period of not less than two (2) calendar years.

(d) A grower that negligently violates this subchapter three (3) times in a five-year period is ineligible to produce industrial hemp for a period of five (5) years beginning on the date of the third violation.

(e) If the board determines that a grower has violated this subchapter with a culpable mental state greater than negligence, the board may revoke or suspend the grower's license as provided in § 2-15-512 and shall report the grower to the Attorney General and to law enforcement.

(f) In addition to the enforcement remedies described in this section, the board may: (1) Assess a civil penalty in an amount not to exceed five thousand dollars ($5,000) per violation; and (2) Place the grower on probation with a corrective action plan.

(1) Assess a civil penalty in an amount not to exceed five thousand dollars ($5,000) per violation; and

(2) Place the grower on probation with a corrective action plan.

Amended by Act 2023, No. 629,§ 3, eff. 4/11/2023.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-16-905 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-905
Request or application for assistance
Status: in_force

Within the meaning of Article VI (b) or VIII (a), a request or application for assistance from the Insurance Fund may be made by the Governor or the Director of the State Plant Board, whenever in his or her judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request. Acts 2009, No. 401, § 1.

Within the meaning of Article VI (b) or VIII (a), a request or application for assistance from the Insurance Fund may be made by the Governor or the Director of the State Plant Board, whenever in his or her judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-38-504 — AR Code / Title 2 / Chapter 38 / Subchapter 5 / Section 2-38-504
Releasing hogs into the wild
Status: in_force

(a) Except as provided in subsection (j) of this section, a person who releases or attempts to release a live hog upon public or private land upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of not less than one thousand dollars ($1,000) per hog nor more than five thousand dollars ($5,000) per hog, imprisonment not exceeding ninety (90) days, or a combination of fine and imprisonment. (b) Subsection (a) of this section does not prohibit a person from introducing a domestic hog for farm purposes onto private property enclosed with a fence sufficient under § 2-39-101 et seq. and with permission of the owner or lessee of the property. (c) A person who purchases, sells, offers for sale, receives, possesses, imports, distributes, or transports a live feral hog upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of one thousand dollars ($1,000) per hog or imprisonment not exceeding thirty (30) days, or both. (d) Upon the arrest of a person under this section, the arresting law enforcement officer may seize and take custody of any hog in the possession of the arrested person and may seize any equipment used in furtherance of the violation, including without limitation a motor vehicle, trailer, and trap. (e) (1) A court having competent jurisdiction: (A) Shall order the forfeiture and immediate euthanasia of any hog: (i) That was the basis of a conviction under this section; or (ii) Before a conviction under this section if the court determines that the hog poses an imminent risk to public health or safety; and (B) May order the forfeiture of any equipment seized under this section. (2) However: (A) A conveyance used by any person as a common carrier is not subject to forfeiture under this subsection unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the violation; (B) Equipment is not subject to forfeiture under this subsection by reason of any act or omission established by the owner of the equipment to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the equipment with the owner's permission; and (C) A forfeiture of equipment encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the equipment in the commission or attempt to commit the violation. (f) In addition to the fines, penalties, and forfeitures imposed under this section, a court may require the defendant to make restitution to the state or any of its political subdivisions for transporting, housing, feeding, euthanizing, and disposing of any hog forfeited under this section. (g) A certified law enforcement officer may write a citation for a violation under this section. (h) (1) Fines and administrative penalties collected under this subchapter shall be deposited into the Feral Hog Eradication Fund and are designated as special revenues for the Department of Agriculture. (2) The funds designated under subdivision (h)(1) of this section are to be used for eradication efforts to eliminate feral hogs. (i) This section does not apply to the purchase, sale, receipt, possession, import, or transportation of a live feral hog that serves as a mascot for an institution of higher education. (j) (1) A feral hog may be released into the wild only: (A) When the department authorizes an employee of a state or federal agency to capture or release, or both, a feral hog for tracking or research purposes; and (B) With permission of the owner of the property upon which the feral hog is to be released. (2) A feral hog that is captured for the purpose of tracking or research shall be euthanized upon completion of the tracking or research. Amended by Act 2021, No. 692,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 464,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 991,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 991,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 723,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 723,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1104,§ 3, eff. 8/16/2013. Acts 1999, No. 457, § 3; 2005, No. 1994, § 22; 2007, No. 827, § 6; 2011, No. 567, § 1.

(a) Except as provided in subsection (j) of this section, a person who releases or attempts to release a live hog upon public or private land upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of not less than one thousand dollars ($1,000) per hog nor more than five thousand dollars ($5,000) per hog, imprisonment not exceeding ninety (90) days, or a combination of fine and imprisonment.

(b) Subsection (a) of this section does not prohibit a person from introducing a domestic hog for farm purposes onto private property enclosed with a fence sufficient under § 2-39-101 et seq. and with permission of the owner or lessee of the property.

(c) A person who purchases, sells, offers for sale, receives, possesses, imports, distributes, or transports a live feral hog upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of one thousand dollars ($1,000) per hog or imprisonment not exceeding thirty (30) days, or both.

(d) Upon the arrest of a person under this section, the arresting law enforcement officer may seize and take custody of any hog in the possession of the arrested person and may seize any equipment used in furtherance of the violation, including without limitation a motor vehicle, trailer, and trap.

(e) (1) A court having competent jurisdiction: (A) Shall order the forfeiture and immediate euthanasia of any hog: (i) That was the basis of a conviction under this section; or (ii) Before a conviction under this section if the court determines that the hog poses an imminent risk to public health or safety; and (B) May order the forfeiture of any equipment seized under this section. (2) However: (A) A conveyance used by any person as a common carrier is not subject to forfeiture under this subsection unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the violation; (B) Equipment is not subject to forfeiture under this subsection by reason of any act or omission established by the owner of the equipment to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the equipment with the owner's permission; and (C) A forfeiture of equipment encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the equipment in the commission or attempt to commit the violation.

(1) A court having competent jurisdiction: (A) Shall order the forfeiture and immediate euthanasia of any hog: (i) That was the basis of a conviction under this section; or (ii) Before a conviction under this section if the court determines that the hog poses an imminent risk to public health or safety; and (B) May order the forfeiture of any equipment seized under this section.

(A) Shall order the forfeiture and immediate euthanasia of any hog: (i) That was the basis of a conviction under this section; or (ii) Before a conviction under this section if the court determines that the hog poses an imminent risk to public health or safety; and

(i) That was the basis of a conviction under this section; or

(ii) Before a conviction under this section if the court determines that the hog poses an imminent risk to public health or safety; and

(B) May order the forfeiture of any equipment seized under this section.

(2) However: (A) A conveyance used by any person as a common carrier is not subject to forfeiture under this subsection unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the violation; (B) Equipment is not subject to forfeiture under this subsection by reason of any act or omission established by the owner of the equipment to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the equipment with the owner's permission; and (C) A forfeiture of equipment encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the equipment in the commission or attempt to commit the violation.

(A) A conveyance used by any person as a common carrier is not subject to forfeiture under this subsection unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to the commission or attempt to commit the violation;

(B) Equipment is not subject to forfeiture under this subsection by reason of any act or omission established by the owner of the equipment to have been committed or omitted without his or her knowledge or consent and without the knowledge or consent of any person having possession, care, or control of the equipment with the owner's permission; and

(C) A forfeiture of equipment encumbered by a security interest is subject to the security interest of the secured party if the secured party neither had knowledge of nor consented to the use of the equipment in the commission or attempt to commit the violation.

(f) In addition to the fines, penalties, and forfeitures imposed under this section, a court may require the defendant to make restitution to the state or any of its political subdivisions for transporting, housing, feeding, euthanizing, and disposing of any hog forfeited under this section.

(g) A certified law enforcement officer may write a citation for a violation under this section.

(h) (1) Fines and administrative penalties collected under this subchapter shall be deposited into the Feral Hog Eradication Fund and are designated as special revenues for the Department of Agriculture. (2) The funds designated under subdivision (h)(1) of this section are to be used for eradication efforts to eliminate feral hogs.

(1) Fines and administrative penalties collected under this subchapter shall be deposited into the Feral Hog Eradication Fund and are designated as special revenues for the Department of Agriculture.

(2) The funds designated under subdivision (h)(1) of this section are to be used for eradication efforts to eliminate feral hogs.

(i) This section does not apply to the purchase, sale, receipt, possession, import, or transportation of a live feral hog that serves as a mascot for an institution of higher education.

(j) (1) A feral hog may be released into the wild only: (A) When the department authorizes an employee of a state or federal agency to capture or release, or both, a feral hog for tracking or research purposes; and (B) With permission of the owner of the property upon which the feral hog is to be released. (2) A feral hog that is captured for the purpose of tracking or research shall be euthanized upon completion of the tracking or research.

(1) A feral hog may be released into the wild only: (A) When the department authorizes an employee of a state or federal agency to capture or release, or both, a feral hog for tracking or research purposes; and (B) With permission of the owner of the property upon which the feral hog is to be released.

(A) When the department authorizes an employee of a state or federal agency to capture or release, or both, a feral hog for tracking or research purposes; and

(B) With permission of the owner of the property upon which the feral hog is to be released.

(2) A feral hog that is captured for the purpose of tracking or research shall be euthanized upon completion of the tracking or research.

Amended by Act 2021, No. 692,§ 3, eff. 7/28/2021.

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

Amended by Act 2019, No. 991,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 991,§ 3, eff. 7/24/2019.

Amended by Act 2015, No. 723,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 723,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1104,§ 3, eff. 8/16/2013.

Acts 1999, No. 457, § 3; 2005, No. 1994, § 22; 2007, No. 827, § 6; 2011, No. 567, § 1.
Ark. Code Ann. § 2-2-408 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-408
Articles of incorporation
Status: in_force

(a) Each association formed under this subchapter must prepare and file articles of incorporation setting forth: (1) The name of the association; (2) The purposes for which it is formed; (3) The place where its principal business will be transacted; (4) The term for which it is to exist, not exceeding fifty (50) years; (5) (A) The number of directors, which must be not fewer than five (5) and may be any number in excess thereof; and (B) The term of office of the directors; (6) (A) (i) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal. (ii) If unequal, the articles shall set forth the general rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed. (B) The association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with the general rules. (C) This provision of the articles of incorporation shall not be altered, amended, or repealed except by the written consent of the vote of three-fourths (3/4) of the members; and (7) (A) If organized with capital stock, the amount of the stock and the number of shares into which it is divided and the par value thereof. (B) (i) The capital stock may be divided into preferred and common stock. (ii) If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted, the number of shares of stock to which no preference is granted, and the nature and extent of the preference and privileges granted to each. (b) (1) The articles must be subscribed by the incorporators and acknowledged by one (1) of them before an officer authorized by the law of this state to take and certify acknowledgment of deeds and conveyances. (2) (A) They shall be filed in accordance with the provisions of the general corporation law of this state. (B) When so filed, the articles of incorporation or certified copies shall be received in all the courts of this state and other places as prima facie evidence of the facts contained therein and of the due incorporation of the association. (3) A certified copy of the articles of incorporation shall also be filed with the Dean of the College of Agriculture of the University of Arkansas at Fayetteville and the Secretary of State. Acts 1921, No. 116, § 8; Pope's Dig., § 2293; A.S.A. 1947, § 77-908.

(a) Each association formed under this subchapter must prepare and file articles of incorporation setting forth: (1) The name of the association; (2) The purposes for which it is formed; (3) The place where its principal business will be transacted; (4) The term for which it is to exist, not exceeding fifty (50) years; (5) (A) The number of directors, which must be not fewer than five (5) and may be any number in excess thereof; and (B) The term of office of the directors; (6) (A) (i) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal. (ii) If unequal, the articles shall set forth the general rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed. (B) The association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with the general rules. (C) This provision of the articles of incorporation shall not be altered, amended, or repealed except by the written consent of the vote of three-fourths (3/4) of the members; and (7) (A) If organized with capital stock, the amount of the stock and the number of shares into which it is divided and the par value thereof. (B) (i) The capital stock may be divided into preferred and common stock. (ii) If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted, the number of shares of stock to which no preference is granted, and the nature and extent of the preference and privileges granted to each.

(1) The name of the association;

(2) The purposes for which it is formed;

(3) The place where its principal business will be transacted;

(4) The term for which it is to exist, not exceeding fifty (50) years;

(5) (A) The number of directors, which must be not fewer than five (5) and may be any number in excess thereof; and (B) The term of office of the directors;

(A) The number of directors, which must be not fewer than five (5) and may be any number in excess thereof; and

(B) The term of office of the directors;

(6) (A) (i) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal. (ii) If unequal, the articles shall set forth the general rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed. (B) The association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with the general rules. (C) This provision of the articles of incorporation shall not be altered, amended, or repealed except by the written consent of the vote of three-fourths (3/4) of the members; and

(A) (i) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal. (ii) If unequal, the articles shall set forth the general rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed.

(i) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal.

(ii) If unequal, the articles shall set forth the general rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed.

(B) The association shall have the power to admit new members who shall be entitled to share in the property of the association with the old members, in accordance with the general rules.

(C) This provision of the articles of incorporation shall not be altered, amended, or repealed except by the written consent of the vote of three-fourths (3/4) of the members; and

(7) (A) If organized with capital stock, the amount of the stock and the number of shares into which it is divided and the par value thereof. (B) (i) The capital stock may be divided into preferred and common stock. (ii) If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted, the number of shares of stock to which no preference is granted, and the nature and extent of the preference and privileges granted to each.

(A) If organized with capital stock, the amount of the stock and the number of shares into which it is divided and the par value thereof.

(B) (i) The capital stock may be divided into preferred and common stock. (ii) If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted, the number of shares of stock to which no preference is granted, and the nature and extent of the preference and privileges granted to each.

(i) The capital stock may be divided into preferred and common stock.

(ii) If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted, the number of shares of stock to which no preference is granted, and the nature and extent of the preference and privileges granted to each.

(b) (1) The articles must be subscribed by the incorporators and acknowledged by one (1) of them before an officer authorized by the law of this state to take and certify acknowledgment of deeds and conveyances. (2) (A) They shall be filed in accordance with the provisions of the general corporation law of this state. (B) When so filed, the articles of incorporation or certified copies shall be received in all the courts of this state and other places as prima facie evidence of the facts contained therein and of the due incorporation of the association. (3) A certified copy of the articles of incorporation shall also be filed with the Dean of the College of Agriculture of the University of Arkansas at Fayetteville and the Secretary of State.

(1) The articles must be subscribed by the incorporators and acknowledged by one (1) of them before an officer authorized by the law of this state to take and certify acknowledgment of deeds and conveyances.

(2) (A) They shall be filed in accordance with the provisions of the general corporation law of this state. (B) When so filed, the articles of incorporation or certified copies shall be received in all the courts of this state and other places as prima facie evidence of the facts contained therein and of the due incorporation of the association.

(A) They shall be filed in accordance with the provisions of the general corporation law of this state.

(B) When so filed, the articles of incorporation or certified copies shall be received in all the courts of this state and other places as prima facie evidence of the facts contained therein and of the due incorporation of the association.

(3) A certified copy of the articles of incorporation shall also be filed with the Dean of the College of Agriculture of the University of Arkansas at Fayetteville and the Secretary of State.

Acts 1921, No. 116, § 8; Pope's Dig., § 2293; A.S.A. 1947, § 77-908.
Ark. Code Ann. § 2-19-501 — AR Code / Title 2 / Chapter 19 / Subchapter 5 / Section 2-19-501
Definition
Status: in_force

"One hundred percent (100%) natural organic fertilizer" shall be defined as and include the following: (1) (A) One hundred percent (100%) organic fertilizer - Materials derived from either plant or animal products containing one (1) or more elements other than carbon, hydrogen, and oxygen which are essential for plant growth. (B) These materials may be subjected to biological degradation processes under conditions of drying, composting, enzymatic or anaerobic/aerobic bacterial action or any combination of these. (C) These materials shall not be mixed with synthetic materials; (2) One hundred percent (100%) natural organic fertilizer shall be processed from only one hundred percent (100%) animal substrate. No other organic or inorganic, natural or synthetic, additives shall be used during processing and no fortification may be used; (3) One hundred percent (100%) natural organic fertilizers shall contain as a guaranteed analysis not less than: nitrogen (N), four percent (4.0%); phosphoric acid (P 2 O 5 ), two percent (2.0%); and potash (K 2 O), four percent (4.0%); and (4) Determination of the guaranteed analysis will be according to methods adopted by the AOAC International. (Fertilizers and Materials Containing Large Quantities of Organic Matter; 12th edition, With Following Improvements.). Amended by Act 2019, No. 378,§ 4, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 24, § 1; 1991, No. 968, § 1.

"One hundred percent (100%) natural organic fertilizer" shall be defined as and include the following:

(1) (A) One hundred percent (100%) organic fertilizer - Materials derived from either plant or animal products containing one (1) or more elements other than carbon, hydrogen, and oxygen which are essential for plant growth. (B) These materials may be subjected to biological degradation processes under conditions of drying, composting, enzymatic or anaerobic/aerobic bacterial action or any combination of these. (C) These materials shall not be mixed with synthetic materials;

(A) One hundred percent (100%) organic fertilizer - Materials derived from either plant or animal products containing one (1) or more elements other than carbon, hydrogen, and oxygen which are essential for plant growth.

(B) These materials may be subjected to biological degradation processes under conditions of drying, composting, enzymatic or anaerobic/aerobic bacterial action or any combination of these.

(C) These materials shall not be mixed with synthetic materials;

(2) One hundred percent (100%) natural organic fertilizer shall be processed from only one hundred percent (100%) animal substrate. No other organic or inorganic, natural or synthetic, additives shall be used during processing and no fortification may be used;

(3) One hundred percent (100%) natural organic fertilizers shall contain as a guaranteed analysis not less than: nitrogen (N), four percent (4.0%); phosphoric acid (P 2 O 5 ), two percent (2.0%); and potash (K 2 O), four percent (4.0%); and

(4) Determination of the guaranteed analysis will be according to methods adopted by the AOAC International. (Fertilizers and Materials Containing Large Quantities of Organic Matter; 12th edition, With Following Improvements.).

Amended by Act 2019, No. 378,§ 4, eff. 7/24/2019.

Acts 1988 (4th Ex. Sess.), No. 24, § 1; 1991, No. 968, § 1.
Ark. Code Ann. § 2-32-402 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-402
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliate" means a person that: (A) Is directly or indirectly controlled by a first purchaser; or (B) Directly or indirectly controls a first purchaser; (2) "Agreement to sell" means an enforceable oral or written agreement by which a livestock owner, either directly or through a sales agent, agrees to sell livestock to a first purchaser; (3) "Control" or "controlled by" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person through ownership, by contract, or otherwise; (4) "First purchaser" means the first person that purchases livestock, either directly or indirectly through a sales agent, under an agreement to sell; (5) "Livestock" means cattle, bison, horses, sheep, goats, asses, mules, swine, domesticated rabbits, chickens, turkeys, and other domesticated animals raised primarily for human food consumption; (6) "Livestock owner" means a person owning an interest in livestock before the acquisition of the livestock by a first purchaser; (7) "Owner's lender" means a person that has a valid mortgage lien or security interest in a livestock owner's livestock at the time the livestock is delivered to the first purchaser; (8) "Owner's lien" means a lien granted under this subchapter; (9) (A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before August 16, 2013; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and (ii) A validly perfected and enforceable lien created by statute in relation to livestock purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before August 16, 2013. (B) "Permitted lien" does not include a mortgage lien or security interest that: (i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that increases the principal amount that is owed on August 16, 2013; (ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on August 16, 2013; or (iii) Is not validly perfected with a first priority against the claims of all persons under applicable law other than a person holding a statutory or regulatory lien as to which first priority is granted by statute or rule; (10) "Person" means an individual or business entity, including without limitation an executor, administrator, estate, agent, trust, trustee, institution, receiver, business trust, firm, corporation, partnership, limited liability company, cooperative, joint venture, governmental entity or agency, association, and any other legal entity; (11) "Proceeds" means: (A) A right or amount paid or to be paid in consideration of or as a consequence of the sale of livestock, including without limitation cash proceeds, accounts, chattel paper, instruments, and payment intangibles; (B) A by-product from the slaughter of livestock; and (C) A right or amount paid or to be paid in consideration of or as a consequence of the sale of a by-product from the slaughter of livestock; (12) "Purchaser" means a person that: (A) Is not an affiliate of a first purchaser; and (B) Takes, receives, or purchases livestock from a first purchaser; (13) (A) "Sales agent" means a person that is authorized to sell livestock on behalf of or for the benefit of another person. (B) "Sales agent" includes without limitation a livestock auction, auctioneer, commission company, or broker; and (14) "Sales price" means the amount a first purchaser agrees to pay a livestock owner or a sales agent under an agreement to sell. Amended by Act 2019, No. 315,§ 20, eff. 7/24/2019. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Affiliate" means a person that: (A) Is directly or indirectly controlled by a first purchaser; or (B) Directly or indirectly controls a first purchaser;

(A) Is directly or indirectly controlled by a first purchaser; or

(B) Directly or indirectly controls a first purchaser;

(2) "Agreement to sell" means an enforceable oral or written agreement by which a livestock owner, either directly or through a sales agent, agrees to sell livestock to a first purchaser;

(3) "Control" or "controlled by" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person through ownership, by contract, or otherwise;

(4) "First purchaser" means the first person that purchases livestock, either directly or indirectly through a sales agent, under an agreement to sell;

(5) "Livestock" means cattle, bison, horses, sheep, goats, asses, mules, swine, domesticated rabbits, chickens, turkeys, and other domesticated animals raised primarily for human food consumption;

(6) "Livestock owner" means a person owning an interest in livestock before the acquisition of the livestock by a first purchaser;

(7) "Owner's lender" means a person that has a valid mortgage lien or security interest in a livestock owner's livestock at the time the livestock is delivered to the first purchaser;

(8) "Owner's lien" means a lien granted under this subchapter;

(9) (A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before August 16, 2013; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and (ii) A validly perfected and enforceable lien created by statute in relation to livestock purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before August 16, 2013. (B) "Permitted lien" does not include a mortgage lien or security interest that: (i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that increases the principal amount that is owed on August 16, 2013; (ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on August 16, 2013; or (iii) Is not validly perfected with a first priority against the claims of all persons under applicable law other than a person holding a statutory or regulatory lien as to which first priority is granted by statute or rule;

(A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before August 16, 2013; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and (ii) A validly perfected and enforceable lien created by statute in relation to livestock purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before August 16, 2013.

(i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before August 16, 2013; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and

(a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before August 16, 2013; and

(b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and

(ii) A validly perfected and enforceable lien created by statute in relation to livestock purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before August 16, 2013.

(B) "Permitted lien" does not include a mortgage lien or security interest that: (i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that increases the principal amount that is owed on August 16, 2013; (ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on August 16, 2013; or (iii) Is not validly perfected with a first priority against the claims of all persons under applicable law other than a person holding a statutory or regulatory lien as to which first priority is granted by statute or rule;

(i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that increases the principal amount that is owed on August 16, 2013;

(ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after August 16, 2013, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on August 16, 2013; or

(iii) Is not validly perfected with a first priority against the claims of all persons under applicable law other than a person holding a statutory or regulatory lien as to which first priority is granted by statute or rule;

(10) "Person" means an individual or business entity, including without limitation an executor, administrator, estate, agent, trust, trustee, institution, receiver, business trust, firm, corporation, partnership, limited liability company, cooperative, joint venture, governmental entity or agency, association, and any other legal entity;

(11) "Proceeds" means: (A) A right or amount paid or to be paid in consideration of or as a consequence of the sale of livestock, including without limitation cash proceeds, accounts, chattel paper, instruments, and payment intangibles; (B) A by-product from the slaughter of livestock; and (C) A right or amount paid or to be paid in consideration of or as a consequence of the sale of a by-product from the slaughter of livestock;

(A) A right or amount paid or to be paid in consideration of or as a consequence of the sale of livestock, including without limitation cash proceeds, accounts, chattel paper, instruments, and payment intangibles;

(B) A by-product from the slaughter of livestock; and

(C) A right or amount paid or to be paid in consideration of or as a consequence of the sale of a by-product from the slaughter of livestock;

(12) "Purchaser" means a person that: (A) Is not an affiliate of a first purchaser; and (B) Takes, receives, or purchases livestock from a first purchaser;

(A) Is not an affiliate of a first purchaser; and

(B) Takes, receives, or purchases livestock from a first purchaser;

(13) (A) "Sales agent" means a person that is authorized to sell livestock on behalf of or for the benefit of another person. (B) "Sales agent" includes without limitation a livestock auction, auctioneer, commission company, or broker; and

(A) "Sales agent" means a person that is authorized to sell livestock on behalf of or for the benefit of another person.

(B) "Sales agent" includes without limitation a livestock auction, auctioneer, commission company, or broker; and

(14) "Sales price" means the amount a first purchaser agrees to pay a livestock owner or a sales agent under an agreement to sell.

Amended by Act 2019, No. 315,§ 20, eff. 7/24/2019.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-2-415 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-415
Officers
Status: in_force

(a) The board of directors shall elect from their number a president and one (1) or more vice presidents. (b) (1) They shall also elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer. (2) (A) The treasurer may be a bank or any depository, and as such shall not be considered as an officer but as a functionary of the board of directors. (B) In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board. Acts 1921, No. 116, § 13; Pope's Dig., § 2298; A.S.A. 1947, § 77-913.

(a) The board of directors shall elect from their number a president and one (1) or more vice presidents.

(b) (1) They shall also elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer. (2) (A) The treasurer may be a bank or any depository, and as such shall not be considered as an officer but as a functionary of the board of directors. (B) In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as authorized by the board.

(1) They shall also elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer.

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

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

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

Acts 1921, No. 116, § 13; Pope's Dig., § 2298; A.S.A. 1947, § 77-913.
Ark. Code Ann. § 2-6-107 — AR Code / Title 2 / Chapter 6 / Section 2-6-107
Purchase methods - Delays
Status: in_force

(a) Each processor shall use one (1) of the following methods to purchase catfish products: (1) The processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price on the same day the catfish product is purchased and possession is transferred; (2) (A) Before the close of the fourteenth calendar day following the purchase of the catfish products and transfer or possession of the catfish products, the processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price. (B) If the producer or his or her authorized representative or secured parties are not present to receive payment at the point of transfer or possession, as provided in subdivision (a)(1) of this section, the processor shall wire transfer funds or place a check in the United States mail for the full amount of the purchase price, properly addressed to the producer and any secured parties, within the time limits specified in this subsection. This action shall be deemed in compliance with the requirement for prompt payment under this subdivision (a)(2); or (3) The parties to the purchase and sale of catfish products may expressly agree in writing before the purchase or sale to effect payment in a manner other than that required in subdivision (a)(1) or (2) of this section if the manner of payment does not interfere with the rights of secured parties. Any agreement shall be disclosed in the records of any producer selling the catfish and in the processors' records and on the accounts or other documents issued by the processors relating to the transaction. (b) (1) Regardless of the method elected under subdivision (a)(2) of this section to purchase catfish products, a Class A registrant, before the transaction, shall be required to: (A) Be bonded in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the Department of Agriculture; (B) Post a security bond in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the department; or (C) Provide cash security, letters of credit, and such other evidences of security as shall be authorized by the department. (2) However, if a Class A registrant purchases catfish solely and exclusively from producers that are also the owners of the processor, then the Class A registrant is exempt from the bonding or security requirements imposed under subdivision (b)(1) of this section. (c) Any delay or attempt to delay, by a processor purchasing catfish products, the collection of funds as provided in this chapter or otherwise for the purpose of or resulting in extending the normal period of payment for the catfish shall be considered an unfair practice in violation of this chapter. (d) (1) At the time catfish are delivered to a processor and unloaded from a live-haul truck, the processor shall weigh the catfish using a device that is of a type suitable for the weighing of catfish. (2) Deductions for trash fish, turtles, and other foreign material except water shall be determined by a separate weighing of the same. (3) There shall be no water tare nor deductions made for water in weighing baskets. (4) Processors are responsible for draining water from weighing baskets. (e) (1) Scales used to weigh catfish and foreign material under this section must be capable of electronically printing a ticket that provides an exact duplicate of the weight indicated. (2) A copy of the ticket shall be provided to the producer at the time of weighing. (3) The ticket shall also contain the following: (A) The name and address of the processor; (B) The name of the owner of the catfish being weighed; (C) The date the catfish are weighed; (D) The signature of the individual who weighs the catfish; and (E) Any additional information as the department deems necessary for the lawful and accurate recording of the weight of the catfish. (f) Processors who process less than seventeen thousand five hundred pounds (17,500 lbs.) of catfish per week are not required to use the electronic printing scales otherwise required by this section. (g) The department shall be responsible for the enforcement of this section, and its agents shall perform periodic inspections of processing plants to ensure that the provisions of this section are being carried out and that all deductions for foreign material are legitimate and fair to the producer. Amended by Act 2023, No. 588,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 588,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 588,§ 9, eff. 8/1/2023. Acts 1987, No. 365, § 5; 1989 (3rd Ex. Sess.), No. 53, § 5; 1991, No. 764, § 1; 2003, No. 128, § 2.

(a) Each processor shall use one (1) of the following methods to purchase catfish products: (1) The processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price on the same day the catfish product is purchased and possession is transferred; (2) (A) Before the close of the fourteenth calendar day following the purchase of the catfish products and transfer or possession of the catfish products, the processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price. (B) If the producer or his or her authorized representative or secured parties are not present to receive payment at the point of transfer or possession, as provided in subdivision (a)(1) of this section, the processor shall wire transfer funds or place a check in the United States mail for the full amount of the purchase price, properly addressed to the producer and any secured parties, within the time limits specified in this subsection. This action shall be deemed in compliance with the requirement for prompt payment under this subdivision (a)(2); or (3) The parties to the purchase and sale of catfish products may expressly agree in writing before the purchase or sale to effect payment in a manner other than that required in subdivision (a)(1) or (2) of this section if the manner of payment does not interfere with the rights of secured parties. Any agreement shall be disclosed in the records of any producer selling the catfish and in the processors' records and on the accounts or other documents issued by the processors relating to the transaction.

(1) The processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price on the same day the catfish product is purchased and possession is transferred;

(2) (A) Before the close of the fourteenth calendar day following the purchase of the catfish products and transfer or possession of the catfish products, the processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price. (B) If the producer or his or her authorized representative or secured parties are not present to receive payment at the point of transfer or possession, as provided in subdivision (a)(1) of this section, the processor shall wire transfer funds or place a check in the United States mail for the full amount of the purchase price, properly addressed to the producer and any secured parties, within the time limits specified in this subsection. This action shall be deemed in compliance with the requirement for prompt payment under this subdivision (a)(2); or

(A) Before the close of the fourteenth calendar day following the purchase of the catfish products and transfer or possession of the catfish products, the processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price.

(B) If the producer or his or her authorized representative or secured parties are not present to receive payment at the point of transfer or possession, as provided in subdivision (a)(1) of this section, the processor shall wire transfer funds or place a check in the United States mail for the full amount of the purchase price, properly addressed to the producer and any secured parties, within the time limits specified in this subsection. This action shall be deemed in compliance with the requirement for prompt payment under this subdivision (a)(2); or

(3) The parties to the purchase and sale of catfish products may expressly agree in writing before the purchase or sale to effect payment in a manner other than that required in subdivision (a)(1) or (2) of this section if the manner of payment does not interfere with the rights of secured parties. Any agreement shall be disclosed in the records of any producer selling the catfish and in the processors' records and on the accounts or other documents issued by the processors relating to the transaction.

(b) (1) Regardless of the method elected under subdivision (a)(2) of this section to purchase catfish products, a Class A registrant, before the transaction, shall be required to: (A) Be bonded in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the Department of Agriculture; (B) Post a security bond in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the department; or (C) Provide cash security, letters of credit, and such other evidences of security as shall be authorized by the department. (2) However, if a Class A registrant purchases catfish solely and exclusively from producers that are also the owners of the processor, then the Class A registrant is exempt from the bonding or security requirements imposed under subdivision (b)(1) of this section.

(1) Regardless of the method elected under subdivision (a)(2) of this section to purchase catfish products, a Class A registrant, before the transaction, shall be required to: (A) Be bonded in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the Department of Agriculture; (B) Post a security bond in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the department; or (C) Provide cash security, letters of credit, and such other evidences of security as shall be authorized by the department.

(A) Be bonded in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the Department of Agriculture;

(B) Post a security bond in the amount of two hundred fifty thousand dollars ($250,000) or in an amount which may be determined by the department; or

(C) Provide cash security, letters of credit, and such other evidences of security as shall be authorized by the department.

(2) However, if a Class A registrant purchases catfish solely and exclusively from producers that are also the owners of the processor, then the Class A registrant is exempt from the bonding or security requirements imposed under subdivision (b)(1) of this section.

(c) Any delay or attempt to delay, by a processor purchasing catfish products, the collection of funds as provided in this chapter or otherwise for the purpose of or resulting in extending the normal period of payment for the catfish shall be considered an unfair practice in violation of this chapter.

(d) (1) At the time catfish are delivered to a processor and unloaded from a live-haul truck, the processor shall weigh the catfish using a device that is of a type suitable for the weighing of catfish. (2) Deductions for trash fish, turtles, and other foreign material except water shall be determined by a separate weighing of the same. (3) There shall be no water tare nor deductions made for water in weighing baskets. (4) Processors are responsible for draining water from weighing baskets.

(1) At the time catfish are delivered to a processor and unloaded from a live-haul truck, the processor shall weigh the catfish using a device that is of a type suitable for the weighing of catfish.

(2) Deductions for trash fish, turtles, and other foreign material except water shall be determined by a separate weighing of the same.

(3) There shall be no water tare nor deductions made for water in weighing baskets.

(4) Processors are responsible for draining water from weighing baskets.

(e) (1) Scales used to weigh catfish and foreign material under this section must be capable of electronically printing a ticket that provides an exact duplicate of the weight indicated. (2) A copy of the ticket shall be provided to the producer at the time of weighing. (3) The ticket shall also contain the following: (A) The name and address of the processor; (B) The name of the owner of the catfish being weighed; (C) The date the catfish are weighed; (D) The signature of the individual who weighs the catfish; and (E) Any additional information as the department deems necessary for the lawful and accurate recording of the weight of the catfish.

(1) Scales used to weigh catfish and foreign material under this section must be capable of electronically printing a ticket that provides an exact duplicate of the weight indicated.

(2) A copy of the ticket shall be provided to the producer at the time of weighing.

(3) The ticket shall also contain the following: (A) The name and address of the processor; (B) The name of the owner of the catfish being weighed; (C) The date the catfish are weighed; (D) The signature of the individual who weighs the catfish; and (E) Any additional information as the department deems necessary for the lawful and accurate recording of the weight of the catfish.

(A) The name and address of the processor;

(B) The name of the owner of the catfish being weighed;

(C) The date the catfish are weighed;

(D) The signature of the individual who weighs the catfish; and

(E) Any additional information as the department deems necessary for the lawful and accurate recording of the weight of the catfish.

(f) Processors who process less than seventeen thousand five hundred pounds (17,500 lbs.) of catfish per week are not required to use the electronic printing scales otherwise required by this section.

(g) The department shall be responsible for the enforcement of this section, and its agents shall perform periodic inspections of processing plants to ensure that the provisions of this section are being carried out and that all deductions for foreign material are legitimate and fair to the producer.

Amended by Act 2023, No. 588,§ 11, eff. 8/1/2023.

Amended by Act 2023, No. 588,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 588,§ 9, eff. 8/1/2023.

Acts 1987, No. 365, § 5; 1989 (3rd Ex. Sess.), No. 53, § 5; 1991, No. 764, § 1; 2003, No. 128, § 2.
Ark. Code Ann. § 2-15-305 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-305
Commingled grain, soybeans, or peanuts - Priority
Status: in_force

(a) If grain, soybeans, or peanuts subject to an owner's lien are commingled with other grain, soybeans, or peanuts in a manner that the identity of the specific grain, soybeans, or peanuts subject to the owner's lien cannot be determined by reasonable means, the owner's lien continues without interruption into and attaches to the commingled grain, soybeans, or peanuts and is perfected automatically as of the date of its original perfection but only as to the percentage of the commingled grain, soybeans, or peanuts equal to the amount of grain, soybeans, or peanuts to which the owner's lien originally attached. (b) An owner's lien in commingled grain, soybeans, or peanuts under subsection (a) of this section has priority over any security interest or other lien that is not an owner's lien or permitted lien regardless of whether the security interest or other lien has been properly perfected. (c) If more than one (1) owner's lien attaches to commingled grain, soybeans, or peanuts, the owners' liens rank equally in the proportion that the respective sales prices secured by each owner's lien bear as a percentage of the total of the sales prices secured by all owners' liens applicable at the time the grain, soybeans, or peanuts were commingled. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

(a) If grain, soybeans, or peanuts subject to an owner's lien are commingled with other grain, soybeans, or peanuts in a manner that the identity of the specific grain, soybeans, or peanuts subject to the owner's lien cannot be determined by reasonable means, the owner's lien continues without interruption into and attaches to the commingled grain, soybeans, or peanuts and is perfected automatically as of the date of its original perfection but only as to the percentage of the commingled grain, soybeans, or peanuts equal to the amount of grain, soybeans, or peanuts to which the owner's lien originally attached.

(b) An owner's lien in commingled grain, soybeans, or peanuts under subsection (a) of this section has priority over any security interest or other lien that is not an owner's lien or permitted lien regardless of whether the security interest or other lien has been properly perfected.

(c) If more than one (1) owner's lien attaches to commingled grain, soybeans, or peanuts, the owners' liens rank equally in the proportion that the respective sales prices secured by each owner's lien bear as a percentage of the total of the sales prices secured by all owners' liens applicable at the time the grain, soybeans, or peanuts were commingled.

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-2-405 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-405
Reasons for organizing
Status: in_force

An association may be organized to engage in any activity in connection with the marketing or selling of the agricultural products of its members or with the harvesting, preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, shipping, or utilization thereof or the manufacturing or marketing of the by-products thereof; in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; in the financing of the enumerated activities; or in any one (1) or more of the activities specified in this subchapter. Acts 1921, No. 116, § 4; Pope's Dig., § 2289; A.S.A. 1947, § 77-904.

An association may be organized to engage in any activity in connection with the marketing or selling of the agricultural products of its members or with the harvesting, preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, shipping, or utilization thereof or the manufacturing or marketing of the by-products thereof; in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; in the financing of the enumerated activities; or in any one (1) or more of the activities specified in this subchapter.

Acts 1921, No. 116, § 4; Pope's Dig., § 2289; A.S.A. 1947, § 77-904.
Ark. Code Ann. § 2-35-204 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-204
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, §§ 1, 2; Pope's Dig., §§ 3228, 3229; A.S.A. 1947, §§ 78-901, 78-902.

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

Acts 1937, No. 206, §§ 1, 2; Pope's Dig., §§ 3228, 3229; A.S.A. 1947, §§ 78-901, 78-902.
Ark. Code Ann. § 2-16-408 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-408
Registration of pesticides for local needs
Status: in_force

(a) Provided the State Plant Board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides for those pesticides formulated to meet special local needs, the board shall consider the following for refusal to register, for cancellation, for suspension, or for legal recourse: (1) (A) If it does not appear to the board that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this subchapter or regulations adopted hereunder, it shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this subchapter so as to afford the applicant an opportunity to make the necessary corrections. (B) If, upon receipt of the notice, the applicant does not make the required changes, the board may refuse to register the pesticide. (C) The applicant may request a hearing as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) When the board determines that a pesticide or its labeling does not comply with the provisions of this subchapter or the regulations adopted hereunder, it may cancel the registration of a pesticide after a hearing in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (3) When the board determines that there is an imminent hazard, it may on its own motion suspend the registration of a pesticide in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Hearings shall be held with the utmost possible expedition; and (4) (A) Any person adversely affected by an order in this section may obtain judicial review of the order by filing in the circuit court, within sixty (60) days after the entry of the order, a petition praying that the order be set aside in whole or in part. (B) A copy of the petition shall be forthwith transmitted by the clerk of the court to the board, and then the board shall file in the court the record of the proceedings on which it based its order. (C) The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part. (D) The findings of the board with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole. (E) Upon application, the court may remand the matter to the board to take further testimony if there are reasonable grounds for the failure to adduce such evidence in the prior hearing. (F) The board may modify its findings and order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the clerk of the court. (b) If the board determines that any federally registered pesticide, with respect to its use in this state, requires further restrictions under § 2-16-406(d)(1) , it may refuse to register or cancel or suspend the current registration of the pesticide in order to comply with such rules and regulations as may be adopted under § 2-16-406 . Acts 1975, No. 410, § 8; A.S.A. 1947, § 77-234.

(a) Provided the State Plant Board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides for those pesticides formulated to meet special local needs, the board shall consider the following for refusal to register, for cancellation, for suspension, or for legal recourse: (1) (A) If it does not appear to the board that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this subchapter or regulations adopted hereunder, it shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this subchapter so as to afford the applicant an opportunity to make the necessary corrections. (B) If, upon receipt of the notice, the applicant does not make the required changes, the board may refuse to register the pesticide. (C) The applicant may request a hearing as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) When the board determines that a pesticide or its labeling does not comply with the provisions of this subchapter or the regulations adopted hereunder, it may cancel the registration of a pesticide after a hearing in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (3) When the board determines that there is an imminent hazard, it may on its own motion suspend the registration of a pesticide in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Hearings shall be held with the utmost possible expedition; and (4) (A) Any person adversely affected by an order in this section may obtain judicial review of the order by filing in the circuit court, within sixty (60) days after the entry of the order, a petition praying that the order be set aside in whole or in part. (B) A copy of the petition shall be forthwith transmitted by the clerk of the court to the board, and then the board shall file in the court the record of the proceedings on which it based its order. (C) The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part. (D) The findings of the board with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole. (E) Upon application, the court may remand the matter to the board to take further testimony if there are reasonable grounds for the failure to adduce such evidence in the prior hearing. (F) The board may modify its findings and order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the clerk of the court.

(1) (A) If it does not appear to the board that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this subchapter or regulations adopted hereunder, it shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this subchapter so as to afford the applicant an opportunity to make the necessary corrections. (B) If, upon receipt of the notice, the applicant does not make the required changes, the board may refuse to register the pesticide. (C) The applicant may request a hearing as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(A) If it does not appear to the board that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of this subchapter or regulations adopted hereunder, it shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with the provisions of this subchapter so as to afford the applicant an opportunity to make the necessary corrections.

(B) If, upon receipt of the notice, the applicant does not make the required changes, the board may refuse to register the pesticide.

(C) The applicant may request a hearing as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(2) When the board determines that a pesticide or its labeling does not comply with the provisions of this subchapter or the regulations adopted hereunder, it may cancel the registration of a pesticide after a hearing in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(3) When the board determines that there is an imminent hazard, it may on its own motion suspend the registration of a pesticide in conformance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Hearings shall be held with the utmost possible expedition; and

(4) (A) Any person adversely affected by an order in this section may obtain judicial review of the order by filing in the circuit court, within sixty (60) days after the entry of the order, a petition praying that the order be set aside in whole or in part. (B) A copy of the petition shall be forthwith transmitted by the clerk of the court to the board, and then the board shall file in the court the record of the proceedings on which it based its order. (C) The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part. (D) The findings of the board with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole. (E) Upon application, the court may remand the matter to the board to take further testimony if there are reasonable grounds for the failure to adduce such evidence in the prior hearing. (F) The board may modify its findings and order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the clerk of the court.

(A) Any person adversely affected by an order in this section may obtain judicial review of the order by filing in the circuit court, within sixty (60) days after the entry of the order, a petition praying that the order be set aside in whole or in part.

(B) A copy of the petition shall be forthwith transmitted by the clerk of the court to the board, and then the board shall file in the court the record of the proceedings on which it based its order.

(C) The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part.

(D) The findings of the board with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole.

(E) Upon application, the court may remand the matter to the board to take further testimony if there are reasonable grounds for the failure to adduce such evidence in the prior hearing.

(F) The board may modify its findings and order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the clerk of the court.

(b) If the board determines that any federally registered pesticide, with respect to its use in this state, requires further restrictions under § 2-16-406(d)(1) , it may refuse to register or cancel or suspend the current registration of the pesticide in order to comply with such rules and regulations as may be adopted under § 2-16-406 .

Acts 1975, No. 410, § 8; A.S.A. 1947, § 77-234.
Ark. Code Ann. § 2-1-203 — AR Code / Title 2 / Chapter 1 / Subchapter 2 / Section 2-1-203
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 2, eff. 5/23/2016. Repealed by Act 2016EX3, No. 2,§ 2, eff. 5/23/2016. Acts 2003, No. 1760, § 1; 2007, No. 672, § 1.

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

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

Acts 2003, No. 1760, § 1; 2007, No. 672, § 1.
Ark. Code Ann. § 2-32-404 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-404
Perfection of livestock lien
Status: in_force

An owner's lien is perfected automatically from August 16, 2013, or the date a sales agreement is executed after August 16, 2013, without the need to file a financing statement or other type of documentation. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

An owner's lien is perfected automatically from August 16, 2013, or the date a sales agreement is executed after August 16, 2013, without the need to file a financing statement or other type of documentation.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-16-418 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-418
Protection of trade secrets and other information
Status: in_force

(a) In submitting data required by this subchapter, the applicant may: (1) Clearly mark any portions thereof which in his or her opinion are trade secrets or commercial or financial information; and (2) Submit such marked material separately from other material required to be submitted under this subchapter. (b) Notwithstanding any other provision of this subchapter, the Department of Agriculture shall not make public any information which, in its judgment, contains or relates to trade secrets or commercial or financial information obtained from a person and is privileged or confidential, except that, when necessary to carry out the provisions of this subchapter, information relating to formulas of products acquired by authorization of this subchapter may be revealed to any state or federal agency consulted or in findings of fact issued by the State Plant Board. (c) (1) If the board proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b) of this section, it shall notify the applicant or registrant, in writing, by certified mail. (2) The board shall not, after issuing the notice as provided in this subsection, make available for inspection the data until thirty (30) days after receipt of the notice by the applicant or registrant. (3) During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under subsection (b) of this section. Amended by Act 2021, No. 557,§ 1, eff. 7/28/2021. Acts 1975, No. 410, § 19; A.S.A. 1947, § 77-245.

(a) In submitting data required by this subchapter, the applicant may: (1) Clearly mark any portions thereof which in his or her opinion are trade secrets or commercial or financial information; and (2) Submit such marked material separately from other material required to be submitted under this subchapter.

(1) Clearly mark any portions thereof which in his or her opinion are trade secrets or commercial or financial information; and

(2) Submit such marked material separately from other material required to be submitted under this subchapter.

(b) Notwithstanding any other provision of this subchapter, the Department of Agriculture shall not make public any information which, in its judgment, contains or relates to trade secrets or commercial or financial information obtained from a person and is privileged or confidential, except that, when necessary to carry out the provisions of this subchapter, information relating to formulas of products acquired by authorization of this subchapter may be revealed to any state or federal agency consulted or in findings of fact issued by the State Plant Board.

(c) (1) If the board proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b) of this section, it shall notify the applicant or registrant, in writing, by certified mail. (2) The board shall not, after issuing the notice as provided in this subsection, make available for inspection the data until thirty (30) days after receipt of the notice by the applicant or registrant. (3) During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under subsection (b) of this section.

(1) If the board proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b) of this section, it shall notify the applicant or registrant, in writing, by certified mail.

(2) The board shall not, after issuing the notice as provided in this subsection, make available for inspection the data until thirty (30) days after receipt of the notice by the applicant or registrant.

(3) During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under subsection (b) of this section.

Amended by Act 2021, No. 557,§ 1, eff. 7/28/2021.

Acts 1975, No. 410, § 19; A.S.A. 1947, § 77-245.
Ark. Code Ann. § 2-20-115 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-115
Certificate as evidence
Status: in_force

When not superseded by a finding on appeal of the grade, classification, quality, or condition of any agricultural product, a certificate issued under this subchapter and all certificates issued under authority of the United States Congress relating to grade, classification, quality, or condition of agricultural products shall be accepted in any court of this state as prima facie evidence of true grade, classification, condition, or quality of the agricultural product at the time of its inspection. Acts 1925, No. 218, § 8; Pope's Dig., § 12391; A.S.A. 1947, § 77-508.

When not superseded by a finding on appeal of the grade, classification, quality, or condition of any agricultural product, a certificate issued under this subchapter and all certificates issued under authority of the United States Congress relating to grade, classification, quality, or condition of agricultural products shall be accepted in any court of this state as prima facie evidence of true grade, classification, condition, or quality of the agricultural product at the time of its inspection.

Acts 1925, No. 218, § 8; Pope's Dig., § 12391; A.S.A. 1947, § 77-508.
Ark. Code Ann. § 2-7-102 — AR Code / Title 2 / Chapter 7 / Subchapter 1 / Section 2-7-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) (A) "Action" means a court action or legal recourse to the courts of the State of Arkansas by a creditor against a farmer for payment of a debt, to enforce or foreclose a security interest, lien, or mortgage, or to repossess or declare a creditor's interest in agricultural property. (B) "Action" includes, but is not limited to, garnishment, replevin, foreclosure, execution of judgment, and involuntary receivership; (2) "Agricultural property" means all of the following: (A) Real property that is used principally for farming or ranching; (B) Real property that is a farmer's principal place of residence and any land contiguous to the residence; (C) Personal property that is used as security to finance farming or ranching; and (D) Personal property that is used for farming or ranching; (3) "Creditor" means any person who holds a mortgage on agricultural property, who has a lien on or a security interest in agricultural property, or who is a judgment creditor with a judgment against a farmer affecting the farmer's agricultural property; (4) "Farmer" means any person who is engaged in farming or ranching, who has at least twenty thousand dollars ($20,000) in outstanding agricultural loans that are secured by real estate, crops, livestock, farm machinery, or other agricultural supplies, and who either: (A) Owns or leases a total of fifty (50) acres or more of land that is agricultural property; or (B) Has had gross sales of farm products of at least twenty thousand dollars ($20,000) in any of the preceding three (3) years; (5) "Farming" or "ranching" means the employment or operation of real property for the production of agricultural products including, but not limited to, the following: (A) The production or cultivation of agricultural, horticultural, or aquacultural commodities such as field crops, rice, soybeans, cotton, sorghum, corn, wheat, fruit, vegetables, mushrooms, nursery stock, ornamental trees, sod, or flowers; (B) Animal or poultry husbandry and the production of poultry and poultry products, livestock, equine or fur-bearing animals and wildlife, including the raising, breeding, shearing, grazing, or other feeding of these animals; (C) Dairy production; (D) Viticulture, wine-making, and related activities; and (E) On-site storing, handling, and processing incidental to the production of the foregoing agricultural or horticultural products and commodities; (6) "Mediation" means the process in which a neutral person or persons intermediate between or among parties for the purpose of facilitating the settlement of their dispute by mutual agreement; and (7) "Party" or "parties" means, with respect to the mediation of a dispute affecting a farmer's agricultural property, the farmer, a creditor of the farmer, and any other person necessary to the resolution of a dispute or an action. Acts 1989, No. 829, § 2.

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

(1) (A) "Action" means a court action or legal recourse to the courts of the State of Arkansas by a creditor against a farmer for payment of a debt, to enforce or foreclose a security interest, lien, or mortgage, or to repossess or declare a creditor's interest in agricultural property. (B) "Action" includes, but is not limited to, garnishment, replevin, foreclosure, execution of judgment, and involuntary receivership;

(A) "Action" means a court action or legal recourse to the courts of the State of Arkansas by a creditor against a farmer for payment of a debt, to enforce or foreclose a security interest, lien, or mortgage, or to repossess or declare a creditor's interest in agricultural property.

(B) "Action" includes, but is not limited to, garnishment, replevin, foreclosure, execution of judgment, and involuntary receivership;

(2) "Agricultural property" means all of the following: (A) Real property that is used principally for farming or ranching; (B) Real property that is a farmer's principal place of residence and any land contiguous to the residence; (C) Personal property that is used as security to finance farming or ranching; and (D) Personal property that is used for farming or ranching;

(A) Real property that is used principally for farming or ranching;

(B) Real property that is a farmer's principal place of residence and any land contiguous to the residence;

(C) Personal property that is used as security to finance farming or ranching; and

(D) Personal property that is used for farming or ranching;

(3) "Creditor" means any person who holds a mortgage on agricultural property, who has a lien on or a security interest in agricultural property, or who is a judgment creditor with a judgment against a farmer affecting the farmer's agricultural property;

(4) "Farmer" means any person who is engaged in farming or ranching, who has at least twenty thousand dollars ($20,000) in outstanding agricultural loans that are secured by real estate, crops, livestock, farm machinery, or other agricultural supplies, and who either: (A) Owns or leases a total of fifty (50) acres or more of land that is agricultural property; or (B) Has had gross sales of farm products of at least twenty thousand dollars ($20,000) in any of the preceding three (3) years;

(A) Owns or leases a total of fifty (50) acres or more of land that is agricultural property; or

(B) Has had gross sales of farm products of at least twenty thousand dollars ($20,000) in any of the preceding three (3) years;

(5) "Farming" or "ranching" means the employment or operation of real property for the production of agricultural products including, but not limited to, the following: (A) The production or cultivation of agricultural, horticultural, or aquacultural commodities such as field crops, rice, soybeans, cotton, sorghum, corn, wheat, fruit, vegetables, mushrooms, nursery stock, ornamental trees, sod, or flowers; (B) Animal or poultry husbandry and the production of poultry and poultry products, livestock, equine or fur-bearing animals and wildlife, including the raising, breeding, shearing, grazing, or other feeding of these animals; (C) Dairy production; (D) Viticulture, wine-making, and related activities; and (E) On-site storing, handling, and processing incidental to the production of the foregoing agricultural or horticultural products and commodities;

(A) The production or cultivation of agricultural, horticultural, or aquacultural commodities such as field crops, rice, soybeans, cotton, sorghum, corn, wheat, fruit, vegetables, mushrooms, nursery stock, ornamental trees, sod, or flowers;

(B) Animal or poultry husbandry and the production of poultry and poultry products, livestock, equine or fur-bearing animals and wildlife, including the raising, breeding, shearing, grazing, or other feeding of these animals;

(C) Dairy production;

(D) Viticulture, wine-making, and related activities; and

(E) On-site storing, handling, and processing incidental to the production of the foregoing agricultural or horticultural products and commodities;

(6) "Mediation" means the process in which a neutral person or persons intermediate between or among parties for the purpose of facilitating the settlement of their dispute by mutual agreement; and

(7) "Party" or "parties" means, with respect to the mediation of a dispute affecting a farmer's agricultural property, the farmer, a creditor of the farmer, and any other person necessary to the resolution of a dispute or an action.

Acts 1989, No. 829, § 2.
Ark. Code Ann. § 2-17-204 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-204
Penalties
Status: in_force

(a) Any person who issues a warehouse receipt for grain without holding a valid public grain warehouse license or who commits any willful violation of any provision of this subchapter shall be guilty of a Class D felony. (b) Any unintentional or negligent violation of this subchapter shall be a Class A misdemeanor. Acts 1979, No. 83, § 37; A.S.A. 1947, § 77-1337.

(a) Any person who issues a warehouse receipt for grain without holding a valid public grain warehouse license or who commits any willful violation of any provision of this subchapter shall be guilty of a Class D felony.

(b) Any unintentional or negligent violation of this subchapter shall be a Class A misdemeanor.

Acts 1979, No. 83, § 37; A.S.A. 1947, § 77-1337.
Ark. Code Ann. § 2-15-410 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-410
[Repealed]
Status: repealed

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 378,§ 1, eff. 7/24/2019. 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. 378,§ 1, eff. 7/24/2019.

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-21-112 — AR Code / Title 2 / Chapter 21 / Section 2-21-112
Certification of experts
Status: in_force

Any person contracting to render expert advice or services regarding horticultural practices as part of the value received in the sale of nursery stock shall be required to: (1) Furnish satisfactory evidence to the Director of the State Plant Board that he or she is qualified to give expert advice or perform the service; and (2) (A) Obtain a certificate to that effect, under signature of the director. (B) A fee of one dollar ($1.00) shall be required for this certificate. Acts 1919, No. 683, § 7; C. & M. Dig., § 8008; Pope's Dig., § 12330; A.S.A. 1947, § 77-404.

Any person contracting to render expert advice or services regarding horticultural practices as part of the value received in the sale of nursery stock shall be required to:

(1) Furnish satisfactory evidence to the Director of the State Plant Board that he or she is qualified to give expert advice or perform the service; and

(2) (A) Obtain a certificate to that effect, under signature of the director. (B) A fee of one dollar ($1.00) shall be required for this certificate.

(A) Obtain a certificate to that effect, under signature of the director.

(B) A fee of one dollar ($1.00) shall be required for this certificate.

Acts 1919, No. 683, § 7; C. & M. Dig., § 8008; Pope's Dig., § 12330; A.S.A. 1947, § 77-404.
Ark. Code Ann. § 2-16-203 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-203
Penalty
Status: in_force

(a) Any person who shall violate any provision or requirement of this subchapter or the rules made or of any notice given under this subchapter or who shall forge, counterfeit, deface, destroy, or wrongfully use any certificate provided for in this subchapter or in the rules made under this subchapter shall be guilty of a violation, and upon conviction he or she shall be punished by a fine of not more than one hundred dollars ($100). (b) (1) (A) (i) In a lawful proceeding respecting licensing, as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, the State Plant Board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board. (ii) (a) The board may assess a civil penalty greater than one thousand dollars ($1,000) but not more than twenty-five thousand dollars ($25,000) only if the board finds that a violation under this subdivision (b)(1)(A) is egregious. (b) A violation is egregious only if the application of one (1) of the following herbicides is used intentionally in violation of the federal labeling requirements or a state law or rule regarding its application: (1) Dicamba; (2) An auxin-containing herbicide; or (3) A new herbicide technology released after August 1, 2017. (B) In no case shall a single application or drift incident by a pesticide applicator be considered multiple violations based on the number of complaints. (C) In no case shall the failure to meet minimum treating standards, except those that require a termiticide application, be considered a violation and subject to a civil penalty. (2) (A) The board shall by rule establish a schedule designating the minimum and maximum civil penalty that may be assessed under this section for violation of each statute, rule, or order over which it has regulatory control. (B) The board may promulgate any other rule necessary to carry out the intent of this section. (3) In the event of nonpayment of any civil penalty lawfully assessed under subdivision (b)(1) of this section, the civil penalty shall be recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred. (4) (A) All sums paid or recovered under this section shall be deposited into the State Treasury. (B) (i) Except as provided under subsection (c) of this section, sums collected under special revenue programs shall be deposited into the Plant Board Fund. (ii) Sums collected under general services programs shall be deposited into the Miscellaneous Agencies Fund Account. (5) All rules promulgated under this section shall be reviewed by the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development or subcommittees of the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development. (c) Moneys collected through a civil penalty assessed by the board shall be distributed to the Agri Scholarship Program under § 25-38-212 . Amended by Act 2023, No. 706,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 706,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 423,§ 1, eff. 3/11/2019. Amended by Act 2017, No. 778,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 778,§ 1, eff. 8/1/2017. Acts 1917, No. 414, § 15; C. & M. Dig., § 8038; Pope's Dig., § 12346; A.S.A. 1947, § 77-114; Acts 1995, No. 141, § 1; 1995, No. 167, § 1; 1997, No. 317, § 1; 2003, No. 1473, § 1; 2005, No. 1994, § 7.

(a) Any person who shall violate any provision or requirement of this subchapter or the rules made or of any notice given under this subchapter or who shall forge, counterfeit, deface, destroy, or wrongfully use any certificate provided for in this subchapter or in the rules made under this subchapter shall be guilty of a violation, and upon conviction he or she shall be punished by a fine of not more than one hundred dollars ($100).

(b) (1) (A) (i) In a lawful proceeding respecting licensing, as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, the State Plant Board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board. (ii) (a) The board may assess a civil penalty greater than one thousand dollars ($1,000) but not more than twenty-five thousand dollars ($25,000) only if the board finds that a violation under this subdivision (b)(1)(A) is egregious. (b) A violation is egregious only if the application of one (1) of the following herbicides is used intentionally in violation of the federal labeling requirements or a state law or rule regarding its application: (1) Dicamba; (2) An auxin-containing herbicide; or (3) A new herbicide technology released after August 1, 2017. (B) In no case shall a single application or drift incident by a pesticide applicator be considered multiple violations based on the number of complaints. (C) In no case shall the failure to meet minimum treating standards, except those that require a termiticide application, be considered a violation and subject to a civil penalty. (2) (A) The board shall by rule establish a schedule designating the minimum and maximum civil penalty that may be assessed under this section for violation of each statute, rule, or order over which it has regulatory control. (B) The board may promulgate any other rule necessary to carry out the intent of this section. (3) In the event of nonpayment of any civil penalty lawfully assessed under subdivision (b)(1) of this section, the civil penalty shall be recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred. (4) (A) All sums paid or recovered under this section shall be deposited into the State Treasury. (B) (i) Except as provided under subsection (c) of this section, sums collected under special revenue programs shall be deposited into the Plant Board Fund. (ii) Sums collected under general services programs shall be deposited into the Miscellaneous Agencies Fund Account. (5) All rules promulgated under this section shall be reviewed by the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development or subcommittees of the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development.

(1) (A) (i) In a lawful proceeding respecting licensing, as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, the State Plant Board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board. (ii) (a) The board may assess a civil penalty greater than one thousand dollars ($1,000) but not more than twenty-five thousand dollars ($25,000) only if the board finds that a violation under this subdivision (b)(1)(A) is egregious. (b) A violation is egregious only if the application of one (1) of the following herbicides is used intentionally in violation of the federal labeling requirements or a state law or rule regarding its application: (1) Dicamba; (2) An auxin-containing herbicide; or (3) A new herbicide technology released after August 1, 2017. (B) In no case shall a single application or drift incident by a pesticide applicator be considered multiple violations based on the number of complaints. (C) In no case shall the failure to meet minimum treating standards, except those that require a termiticide application, be considered a violation and subject to a civil penalty.

(A) (i) In a lawful proceeding respecting licensing, as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, the State Plant Board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board. (ii) (a) The board may assess a civil penalty greater than one thousand dollars ($1,000) but not more than twenty-five thousand dollars ($25,000) only if the board finds that a violation under this subdivision (b)(1)(A) is egregious. (b) A violation is egregious only if the application of one (1) of the following herbicides is used intentionally in violation of the federal labeling requirements or a state law or rule regarding its application: (1) Dicamba; (2) An auxin-containing herbicide; or (3) A new herbicide technology released after August 1, 2017.

(i) In a lawful proceeding respecting licensing, as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, the State Plant Board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board.

(ii) (a) The board may assess a civil penalty greater than one thousand dollars ($1,000) but not more than twenty-five thousand dollars ($25,000) only if the board finds that a violation under this subdivision (b)(1)(A) is egregious. (b) A violation is egregious only if the application of one (1) of the following herbicides is used intentionally in violation of the federal labeling requirements or a state law or rule regarding its application: (1) Dicamba; (2) An auxin-containing herbicide; or (3) A new herbicide technology released after August 1, 2017.

(a) The board may assess a civil penalty greater than one thousand dollars ($1,000) but not more than twenty-five thousand dollars ($25,000) only if the board finds that a violation under this subdivision (b)(1)(A) is egregious.

(b) A violation is egregious only if the application of one (1) of the following herbicides is used intentionally in violation of the federal labeling requirements or a state law or rule regarding its application: (1) Dicamba; (2) An auxin-containing herbicide; or (3) A new herbicide technology released after August 1, 2017.

(1) Dicamba;

(2) An auxin-containing herbicide; or

(3) A new herbicide technology released after August 1, 2017.

(B) In no case shall a single application or drift incident by a pesticide applicator be considered multiple violations based on the number of complaints.

(C) In no case shall the failure to meet minimum treating standards, except those that require a termiticide application, be considered a violation and subject to a civil penalty.

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

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

(B) The board may promulgate any other rule necessary to carry out the intent of this section.

(3) In the event of nonpayment of any civil penalty lawfully assessed under subdivision (b)(1) of this section, the civil penalty shall be recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred.

(4) (A) All sums paid or recovered under this section shall be deposited into the State Treasury. (B) (i) Except as provided under subsection (c) of this section, sums collected under special revenue programs shall be deposited into the Plant Board Fund. (ii) Sums collected under general services programs shall be deposited into the Miscellaneous Agencies Fund Account.

(A) All sums paid or recovered under this section shall be deposited into the State Treasury.

(B) (i) Except as provided under subsection (c) of this section, sums collected under special revenue programs shall be deposited into the Plant Board Fund. (ii) Sums collected under general services programs shall be deposited into the Miscellaneous Agencies Fund Account.

(i) Except as provided under subsection (c) of this section, sums collected under special revenue programs shall be deposited into the Plant Board Fund.

(ii) Sums collected under general services programs shall be deposited into the Miscellaneous Agencies Fund Account.

(5) All rules promulgated under this section shall be reviewed by the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development or subcommittees of the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development.

(c) Moneys collected through a civil penalty assessed by the board shall be distributed to the Agri Scholarship Program under § 25-38-212 .

Amended by Act 2023, No. 706,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 706,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 423,§ 1, eff. 3/11/2019.

Amended by Act 2017, No. 778,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 778,§ 1, eff. 8/1/2017.

Acts 1917, No. 414, § 15; C. & M. Dig., § 8038; Pope's Dig., § 12346; A.S.A. 1947, § 77-114; Acts 1995, No. 141, § 1; 1995, No. 167, § 1; 1997, No. 317, § 1; 2003, No. 1473, § 1; 2005, No. 1994, § 7.