Ark. Code Ann. § 2-2-114 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-114
Certificates of membership or stock
Status: in_force

(a) When a member of an association established without capital stock has paid his or her membership fee in full, he or she shall receive a certificate of membership. (b) Except for debts lawfully contracted between the member and the association, no member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on his or her membership fee or his or her subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof. (c) (1) Unless provided otherwise in the articles of association or bylaws of an association, no member or stockholder shall be entitled to more than one (1) vote. (2) In an election for directors, the number of votes a member or stockholder is entitled to cast may be multiplied by the number of directors being elected. The member or stockholder may distribute the votes among as many candidates as he or she shall see fit. (d) Any provision of this subchapter or any other law which is applied to an association organized under this subchapter, referring to requirements for a vote or quorum based on a total number or proportion of members or stockholders, shall mean the number or proportion of the votes entitled to be cast by the members or stockholders where an association's articles of association or bylaws entitle any member to more than one (1) vote. (e) For purposes of this subchapter or any other law which is applied to an association formed under this subchapter, if permitted by the articles of association or the bylaws of the association, any vote of a member or stockholder may be made in person or by proxy and may be counted in the establishment of a quorum. (f) (1) No stockholder of a cooperative association organized under this subchapter shall own more than one-twentieth ( 1 / 20 ) of the common stock of the association or more than one (1) share of common stock if there are fewer than twenty (20) common stockholders. (2) Such an association, in its bylaws, may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth ( 1 / 20 ) of the common stock. (g) (1) Any association organized with stock under this subchapter may issue preferred stock, with or without the right to vote. (2) The stock may be redeemable or retirable by the association on such terms and conditions as may be provided for by the articles of association and printed on the face of the certificate. (h) (1) (A) No association shall issue stock or a membership certificate to a member until it has been fully paid for. (B) The promissory notes of the members may be accepted by the association as full or partial payment. (2) The association shall hold the stock or membership certificate as security for the payment of the note, but such retention as security shall not affect the member's right to vote. Acts 1939, No. 153, § 14; 1983, No. 163, § 3; A.S.A. 1947, § 77-1014.

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

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

(c) (1) Unless provided otherwise in the articles of association or bylaws of an association, no member or stockholder shall be entitled to more than one (1) vote. (2) In an election for directors, the number of votes a member or stockholder is entitled to cast may be multiplied by the number of directors being elected. The member or stockholder may distribute the votes among as many candidates as he or she shall see fit.

(1) Unless provided otherwise in the articles of association or bylaws of an association, no member or stockholder shall be entitled to more than one (1) vote.

(2) In an election for directors, the number of votes a member or stockholder is entitled to cast may be multiplied by the number of directors being elected. The member or stockholder may distribute the votes among as many candidates as he or she shall see fit.

(d) Any provision of this subchapter or any other law which is applied to an association organized under this subchapter, referring to requirements for a vote or quorum based on a total number or proportion of members or stockholders, shall mean the number or proportion of the votes entitled to be cast by the members or stockholders where an association's articles of association or bylaws entitle any member to more than one (1) vote.

(e) For purposes of this subchapter or any other law which is applied to an association formed under this subchapter, if permitted by the articles of association or the bylaws of the association, any vote of a member or stockholder may be made in person or by proxy and may be counted in the establishment of a quorum.

(f) (1) No stockholder of a cooperative association organized under this subchapter shall own more than one-twentieth ( 1 / 20 ) of the common stock of the association or more than one (1) share of common stock if there are fewer than twenty (20) common stockholders. (2) Such an association, in its bylaws, may limit the amount of common stock which one (1) member may own to any amount less than one-twentieth ( 1 / 20 ) of the common stock.

(1) No stockholder of a cooperative association organized under this subchapter shall own more than one-twentieth ( 1 / 20 ) of the common stock of the association or more than one (1) share of common stock if there are fewer than twenty (20) common stockholders.

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

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

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

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

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

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

(A) No association shall issue stock or a membership certificate to a member until it has been fully paid for.

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

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

Acts 1939, No. 153, § 14; 1983, No. 163, § 3; A.S.A. 1947, § 77-1014.
Ark. Code Ann. § 2-6-120 — AR Code / Title 2 / Chapter 6 / Section 2-6-120
Receivership - Continued operation of business
Status: in_force

The Secretary of the Department of Agriculture or his or her designee may, with the approval of the court, continue the operation of all or any part of the business of the Class A registrant on a temporary basis and take any other course of action or procedure which will serve the interests of the producers. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

The Secretary of the Department of Agriculture or his or her designee may, with the approval of the court, continue the operation of all or any part of the business of the Class A registrant on a temporary basis and take any other course of action or procedure which will serve the interests of the producers.

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

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-40-822 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-822
General requirements for equidae entering Arkansas
Status: in_force

(a) All equidae entering Arkansas must be accompanied by a record of a negative current official equine infectious anemia test. (b) All equidae must also be accompanied by a certificate of veterinary inspection, listing information from a record of a negative official equine infectious anemia test, the name and address of the consignor and consignee, the number of animals in the shipment, and a description which accurately identifies each animal. (c) A foal under six (6) months old accompanied by a negative dam does not have to be tested for equine infectious anemia. Acts 1997, No. 1306, § 20.

(a) All equidae entering Arkansas must be accompanied by a record of a negative current official equine infectious anemia test.

(b) All equidae must also be accompanied by a certificate of veterinary inspection, listing information from a record of a negative official equine infectious anemia test, the name and address of the consignor and consignee, the number of animals in the shipment, and a description which accurately identifies each animal.

(c) A foal under six (6) months old accompanied by a negative dam does not have to be tested for equine infectious anemia.

Acts 1997, No. 1306, § 20.
Ark. Code Ann. § 2-16-210 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-210
Certificate of inspection required
Status: in_force

(a) It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment, within this state, any plants or plant products listed as required by this subchapter unless the plants and plant products have been officially inspected and a certificate has been issued by an inspector of the State Plant Board. This certificate shall state that the plants or plant products have been inspected and found to be apparently free from insect pests and diseases. It shall also be unlawful for any person to sell, give away, carry, ship, or deliver for carriage any plants or plant products unless the plants or plant products bear a certificate issued by an inspector of the board. This certificate shall show that the place on which the plants or plant products were grown has been inspected and found to be apparently free from insect pests and diseases and any other facts provided for in the rules made under this subchapter. (b) This section shall not apply to plants and plant products not affected by rules made under § 2-16-211 when the plants or plant products are disposed of in local trade. (c) When any person shall notify the board of impending shipments of plants or plant products and the board fails to provide the proper inspector to inspect the plants or plant products under the rules made under this subchapter, the person desiring to make the shipment may do so without being liable to provisions of this section. (d) For the issuance of the certificate as provided for in this section, the board may require the payment of a reasonable fee to cover the expenses of the inspection and certification. If it shall be found at any time that a certificate of inspection, issued or accepted under the provisions of this section, is being used in connection with plants and plant products which are infested or infected with insect pests or diseases, its further use may be prohibited, subject to such inspection and other disposition of the plants and plant products involved as may be provided for by the board. (e) All moneys collected by the board under this section or under § 2-16-211 or § 2-16-214 shall be deposited with the treasurer of the board and shall be used in carrying out the provisions of this subchapter. Acts 1917, No. 414, § 9; C. & M. Dig., § 8032; Pope's Dig., § 12340; A.S.A. 1947, § 77-108.

(a) It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment, within this state, any plants or plant products listed as required by this subchapter unless the plants and plant products have been officially inspected and a certificate has been issued by an inspector of the State Plant Board. This certificate shall state that the plants or plant products have been inspected and found to be apparently free from insect pests and diseases. It shall also be unlawful for any person to sell, give away, carry, ship, or deliver for carriage any plants or plant products unless the plants or plant products bear a certificate issued by an inspector of the board. This certificate shall show that the place on which the plants or plant products were grown has been inspected and found to be apparently free from insect pests and diseases and any other facts provided for in the rules made under this subchapter.

(b) This section shall not apply to plants and plant products not affected by rules made under § 2-16-211 when the plants or plant products are disposed of in local trade.

(c) When any person shall notify the board of impending shipments of plants or plant products and the board fails to provide the proper inspector to inspect the plants or plant products under the rules made under this subchapter, the person desiring to make the shipment may do so without being liable to provisions of this section.

(d) For the issuance of the certificate as provided for in this section, the board may require the payment of a reasonable fee to cover the expenses of the inspection and certification. If it shall be found at any time that a certificate of inspection, issued or accepted under the provisions of this section, is being used in connection with plants and plant products which are infested or infected with insect pests or diseases, its further use may be prohibited, subject to such inspection and other disposition of the plants and plant products involved as may be provided for by the board.

(e) All moneys collected by the board under this section or under § 2-16-211 or § 2-16-214 shall be deposited with the treasurer of the board and shall be used in carrying out the provisions of this subchapter.

Acts 1917, No. 414, § 9; C. & M. Dig., § 8032; Pope's Dig., § 12340; A.S.A. 1947, § 77-108.
Ark. Code Ann. § 2-15-402 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-402
[Repealed]
Status: repealed

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

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

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-34-304 — AR Code / Title 2 / Chapter 34 / Subchapter 3 / Section 2-34-304
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 34, eff. 8/1/2017. Acts 1868, No. 29, §§ 3, 4, p. 101; C. & M. Dig., §§ 262, 263; Pope's Dig., §§ 276, 277; A.S.A. 1947, §§ 78-1003, 78-1004.

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

Acts 1868, No. 29, §§ 3, 4, p. 101; C. & M. Dig., §§ 262, 263; Pope's Dig., §§ 276, 277; A.S.A. 1947, §§ 78-1003, 78-1004.
Ark. Code Ann. § 2-15-409 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-409
[Repealed]
Status: repealed

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

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

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-19-406 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-406
Rules
Status: in_force

The State Plant Board is authorized to adopt such rules as may be necessary to administer this subchapter, including methods of sampling, methods of analysis, and designation of ingredient forms, and to promulgate definitions of identity of products. Acts 1977, No. 377, § 10; A.S.A. 1947, § 77-2110.

The State Plant Board is authorized to adopt such rules as may be necessary to administer this subchapter, including methods of sampling, methods of analysis, and designation of ingredient forms, and to promulgate definitions of identity of products.

Acts 1977, No. 377, § 10; A.S.A. 1947, § 77-2110.
Ark. Code Ann. § 2-9-107 — AR Code / Title 2 / Chapter 9 / Section 2-9-107
Election vote for levy of the assessment
Status: in_force

(a) (1) Within a reasonable time after July 30, 1999, the Arkansas Catfish Promotion Board shall cause an election to be held on the question of the levy of an assessment on the sale of catfish feed within the State of Arkansas to commercial catfish producers at a rate determined by the board, such rate of assessment not to exceed five dollars ($5.00) per ton of catfish feed sold. (2) If a majority of the commercial catfish producers voting at the election vote for the levy of the assessment, the assessment shall be applicable to all sales of catfish feed made on and after a date specified by the board, which date shall not be later than ninety (90) calendar days after certification of the results of the election. (3) The assessment shall be a continuing levy until either terminated by the board or until another election is held at which a majority of the commercial catfish producers voting at an election vote against the levy. The rate of assessment approved at an election shall not be increased except under the majority vote of the commercial catfish producers voting at a subsequent election. (b) (1) When petitions containing the signatures of thirty percent (30%) of the commercial catfish producers in the state, as determined by the latest available agricultural census data, are filed with the board requesting that the question of continuing the assessment be submitted to a vote of the catfish producers, the board shall cause an election to be held within ninety (90) calendar days after the filing of the petitions, to be conducted in the same manner as the initial election held on the question of the levy of the assessment. (2) If a majority of the commercial catfish producers voting at the election vote against the levy of the assessment, the assessment shall not be levied as of the date ten (10) calendar days after the date of the election. The levy may be reapproved, in the same manner as the initial election and subject to the same vote requirements, at an election called by the board not earlier than twelve (12) months after the date of the previous election suspending the levy of the assessment. (c) (1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from each seller of catfish feed, who shall add the assessment to the purchase price of catfish feed sold in this state to commercial catfish producers. (2) Each seller of catfish feed, when remitting assessments collected to the secretary, may deduct not more than one percent (1%) of the gross amount of the assessments to cover the cost of compliance. Amended by Act 2019, No. 910,§ 3267, eff. 7/1/2019. Acts 1999, No. 790, § 8.

(a) (1) Within a reasonable time after July 30, 1999, the Arkansas Catfish Promotion Board shall cause an election to be held on the question of the levy of an assessment on the sale of catfish feed within the State of Arkansas to commercial catfish producers at a rate determined by the board, such rate of assessment not to exceed five dollars ($5.00) per ton of catfish feed sold. (2) If a majority of the commercial catfish producers voting at the election vote for the levy of the assessment, the assessment shall be applicable to all sales of catfish feed made on and after a date specified by the board, which date shall not be later than ninety (90) calendar days after certification of the results of the election. (3) The assessment shall be a continuing levy until either terminated by the board or until another election is held at which a majority of the commercial catfish producers voting at an election vote against the levy. The rate of assessment approved at an election shall not be increased except under the majority vote of the commercial catfish producers voting at a subsequent election.

(1) Within a reasonable time after July 30, 1999, the Arkansas Catfish Promotion Board shall cause an election to be held on the question of the levy of an assessment on the sale of catfish feed within the State of Arkansas to commercial catfish producers at a rate determined by the board, such rate of assessment not to exceed five dollars ($5.00) per ton of catfish feed sold.

(2) If a majority of the commercial catfish producers voting at the election vote for the levy of the assessment, the assessment shall be applicable to all sales of catfish feed made on and after a date specified by the board, which date shall not be later than ninety (90) calendar days after certification of the results of the election.

(3) The assessment shall be a continuing levy until either terminated by the board or until another election is held at which a majority of the commercial catfish producers voting at an election vote against the levy. The rate of assessment approved at an election shall not be increased except under the majority vote of the commercial catfish producers voting at a subsequent election.

(b) (1) When petitions containing the signatures of thirty percent (30%) of the commercial catfish producers in the state, as determined by the latest available agricultural census data, are filed with the board requesting that the question of continuing the assessment be submitted to a vote of the catfish producers, the board shall cause an election to be held within ninety (90) calendar days after the filing of the petitions, to be conducted in the same manner as the initial election held on the question of the levy of the assessment. (2) If a majority of the commercial catfish producers voting at the election vote against the levy of the assessment, the assessment shall not be levied as of the date ten (10) calendar days after the date of the election. The levy may be reapproved, in the same manner as the initial election and subject to the same vote requirements, at an election called by the board not earlier than twelve (12) months after the date of the previous election suspending the levy of the assessment.

(1) When petitions containing the signatures of thirty percent (30%) of the commercial catfish producers in the state, as determined by the latest available agricultural census data, are filed with the board requesting that the question of continuing the assessment be submitted to a vote of the catfish producers, the board shall cause an election to be held within ninety (90) calendar days after the filing of the petitions, to be conducted in the same manner as the initial election held on the question of the levy of the assessment.

(2) If a majority of the commercial catfish producers voting at the election vote against the levy of the assessment, the assessment shall not be levied as of the date ten (10) calendar days after the date of the election. The levy may be reapproved, in the same manner as the initial election and subject to the same vote requirements, at an election called by the board not earlier than twelve (12) months after the date of the previous election suspending the levy of the assessment.

(c) (1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from each seller of catfish feed, who shall add the assessment to the purchase price of catfish feed sold in this state to commercial catfish producers. (2) Each seller of catfish feed, when remitting assessments collected to the secretary, may deduct not more than one percent (1%) of the gross amount of the assessments to cover the cost of compliance.

(1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from each seller of catfish feed, who shall add the assessment to the purchase price of catfish feed sold in this state to commercial catfish producers.

(2) Each seller of catfish feed, when remitting assessments collected to the secretary, may deduct not more than one percent (1%) of the gross amount of the assessments to cover the cost of compliance.

Amended by Act 2019, No. 910,§ 3267, eff. 7/1/2019.

Acts 1999, No. 790, § 8.
Ark. Code Ann. § 2-34-301 — AR Code / Title 2 / Chapter 34 / Subchapter 3 / Section 2-34-301
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 34, eff. 8/1/2017. Acts 1868, No. 29, § 5, p. 101; C. & M. Dig., § 264; Pope's Dig., § 278; A.S.A. 1947, § 78-1005; Acts 2005, No. 1994, § 18.

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

Acts 1868, No. 29, § 5, p. 101; C. & M. Dig., § 264; Pope's Dig., § 278; A.S.A. 1947, § 78-1005; Acts 2005, No. 1994, § 18.
Ark. Code Ann. § 2-33-203 — AR Code / Title 2 / Chapter 33 / Subchapter 2 / Section 2-33-203
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017. Acts 1973, No. 454, §§ 3, 5; A.S.A. 1947, §§ 78-324, 78-326.

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

Acts 1973, No. 454, §§ 3, 5; A.S.A. 1947, §§ 78-324, 78-326.
Ark. Code Ann. § 2-2-424 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-424
Agreements with other associations
Status: in_force

(a) Upon resolution adopted by its board of directors, any association may enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, contracts, and arrangements with any other cooperative corporation or association formed in this or any other state for the cooperative and more economical carrying on of its business or any part thereof. (b) By agreement between them, any two (2) or more associations may unite in employing and using or may separately employ and use the same methods, means, and agencies for carrying on and conducting their respective businesses. Acts 1921, No. 116, § 22; Pope's Dig., § 2307; A.S.A. 1947, § 77-922.

(a) Upon resolution adopted by its board of directors, any association may enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, contracts, and arrangements with any other cooperative corporation or association formed in this or any other state for the cooperative and more economical carrying on of its business or any part thereof.

(b) By agreement between them, any two (2) or more associations may unite in employing and using or may separately employ and use the same methods, means, and agencies for carrying on and conducting their respective businesses.

Acts 1921, No. 116, § 22; Pope's Dig., § 2307; A.S.A. 1947, § 77-922.
Ark. Code Ann. § 2-17-226 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-226
Duty of warehouseman to deliver grain
Status: in_force

(a) (1) It shall be the duty of the public grain warehouseman to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand for the redemption of the receipt if no lawful excuse for not delivering the grain exists. (2) (A) In the event the public grain warehouseman fails to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand, the holder of the warehouse receipt may make demand of the surety for payment under the bond. (B) (i) The surety has the responsibility to pay within fifteen (15) days following receipt by the surety of the notice of the demand for redemption. (ii) Any holder of a warehouse receipt issued by a public grain warehouseman who had made demand for redemption of the receipt, which demand was, without lawful excuse, not satisfied within ten (10) days, shall notify the Public Grain Warehouse Commissioner in writing. The holder of the receipt shall have the right to bring action against the public grain warehouseman and the surety on the public grain warehouseman's bond for payment of the market value of the grain represented by the warehouse receipt. The market value shall be determined as of the date of the demand, plus legal interest accrued from the date of the demand. (3) (A) In the event the public grain warehouseman is a self-insurer as provided in § 2-17-209 , the holder of a warehouse receipt shall have the right to bring action against the public grain warehouseman to the extent of the amount posted in lieu of the bond. (B) (i) The commissioner shall pay to the holder of the warehouse receipt, to the extent of the bond posted, any judgment obtained by the holder of a warehouse receipt against a self-insurer. (ii) The commissioner may also pay to the holder of a warehouse receipt the amount of the market value of the grain if the public grain warehouseman agrees to the payment. (4) The license of the public grain warehouseman shall be suspended upon the payment until such time as the warehouseman posts a bond under this subchapter or posts with the commissioner a sum equivalent to that paid by the commissioner on behalf of the warehouseman. (b) (1) In all actions in which judgment is rendered against any surety company under the provisions of this section, if it appears from evidence that the surety company has willfully and without just cause refused to pay the loss upon demand, the court, in rendering judgment, shall allow the plaintiff the amount of the plaintiff's expenses, including court costs and attorney's fees, to be recovered and collected as part of the costs. (2) The amount of any payment of costs and attorney's fees under this subsection will not reduce the surety's liability on its bond. Acts 1979, No. 83, § 31; A.S.A. 1947, § 77-1331.

(a) (1) It shall be the duty of the public grain warehouseman to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand for the redemption of the receipt if no lawful excuse for not delivering the grain exists. (2) (A) In the event the public grain warehouseman fails to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand, the holder of the warehouse receipt may make demand of the surety for payment under the bond. (B) (i) The surety has the responsibility to pay within fifteen (15) days following receipt by the surety of the notice of the demand for redemption. (ii) Any holder of a warehouse receipt issued by a public grain warehouseman who had made demand for redemption of the receipt, which demand was, without lawful excuse, not satisfied within ten (10) days, shall notify the Public Grain Warehouse Commissioner in writing. The holder of the receipt shall have the right to bring action against the public grain warehouseman and the surety on the public grain warehouseman's bond for payment of the market value of the grain represented by the warehouse receipt. The market value shall be determined as of the date of the demand, plus legal interest accrued from the date of the demand. (3) (A) In the event the public grain warehouseman is a self-insurer as provided in § 2-17-209 , the holder of a warehouse receipt shall have the right to bring action against the public grain warehouseman to the extent of the amount posted in lieu of the bond. (B) (i) The commissioner shall pay to the holder of the warehouse receipt, to the extent of the bond posted, any judgment obtained by the holder of a warehouse receipt against a self-insurer. (ii) The commissioner may also pay to the holder of a warehouse receipt the amount of the market value of the grain if the public grain warehouseman agrees to the payment. (4) The license of the public grain warehouseman shall be suspended upon the payment until such time as the warehouseman posts a bond under this subchapter or posts with the commissioner a sum equivalent to that paid by the commissioner on behalf of the warehouseman.

(1) It shall be the duty of the public grain warehouseman to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand for the redemption of the receipt if no lawful excuse for not delivering the grain exists.

(2) (A) In the event the public grain warehouseman fails to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand, the holder of the warehouse receipt may make demand of the surety for payment under the bond. (B) (i) The surety has the responsibility to pay within fifteen (15) days following receipt by the surety of the notice of the demand for redemption. (ii) Any holder of a warehouse receipt issued by a public grain warehouseman who had made demand for redemption of the receipt, which demand was, without lawful excuse, not satisfied within ten (10) days, shall notify the Public Grain Warehouse Commissioner in writing. The holder of the receipt shall have the right to bring action against the public grain warehouseman and the surety on the public grain warehouseman's bond for payment of the market value of the grain represented by the warehouse receipt. The market value shall be determined as of the date of the demand, plus legal interest accrued from the date of the demand.

(A) In the event the public grain warehouseman fails to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand, the holder of the warehouse receipt may make demand of the surety for payment under the bond.

(B) (i) The surety has the responsibility to pay within fifteen (15) days following receipt by the surety of the notice of the demand for redemption. (ii) Any holder of a warehouse receipt issued by a public grain warehouseman who had made demand for redemption of the receipt, which demand was, without lawful excuse, not satisfied within ten (10) days, shall notify the Public Grain Warehouse Commissioner in writing. The holder of the receipt shall have the right to bring action against the public grain warehouseman and the surety on the public grain warehouseman's bond for payment of the market value of the grain represented by the warehouse receipt. The market value shall be determined as of the date of the demand, plus legal interest accrued from the date of the demand.

(i) The surety has the responsibility to pay within fifteen (15) days following receipt by the surety of the notice of the demand for redemption.

(ii) Any holder of a warehouse receipt issued by a public grain warehouseman who had made demand for redemption of the receipt, which demand was, without lawful excuse, not satisfied within ten (10) days, shall notify the Public Grain Warehouse Commissioner in writing. The holder of the receipt shall have the right to bring action against the public grain warehouseman and the surety on the public grain warehouseman's bond for payment of the market value of the grain represented by the warehouse receipt. The market value shall be determined as of the date of the demand, plus legal interest accrued from the date of the demand.

(3) (A) In the event the public grain warehouseman is a self-insurer as provided in § 2-17-209 , the holder of a warehouse receipt shall have the right to bring action against the public grain warehouseman to the extent of the amount posted in lieu of the bond. (B) (i) The commissioner shall pay to the holder of the warehouse receipt, to the extent of the bond posted, any judgment obtained by the holder of a warehouse receipt against a self-insurer. (ii) The commissioner may also pay to the holder of a warehouse receipt the amount of the market value of the grain if the public grain warehouseman agrees to the payment.

(A) In the event the public grain warehouseman is a self-insurer as provided in § 2-17-209 , the holder of a warehouse receipt shall have the right to bring action against the public grain warehouseman to the extent of the amount posted in lieu of the bond.

(B) (i) The commissioner shall pay to the holder of the warehouse receipt, to the extent of the bond posted, any judgment obtained by the holder of a warehouse receipt against a self-insurer. (ii) The commissioner may also pay to the holder of a warehouse receipt the amount of the market value of the grain if the public grain warehouseman agrees to the payment.

(i) The commissioner shall pay to the holder of the warehouse receipt, to the extent of the bond posted, any judgment obtained by the holder of a warehouse receipt against a self-insurer.

(ii) The commissioner may also pay to the holder of a warehouse receipt the amount of the market value of the grain if the public grain warehouseman agrees to the payment.

(4) The license of the public grain warehouseman shall be suspended upon the payment until such time as the warehouseman posts a bond under this subchapter or posts with the commissioner a sum equivalent to that paid by the commissioner on behalf of the warehouseman.

(b) (1) In all actions in which judgment is rendered against any surety company under the provisions of this section, if it appears from evidence that the surety company has willfully and without just cause refused to pay the loss upon demand, the court, in rendering judgment, shall allow the plaintiff the amount of the plaintiff's expenses, including court costs and attorney's fees, to be recovered and collected as part of the costs. (2) The amount of any payment of costs and attorney's fees under this subsection will not reduce the surety's liability on its bond.

(1) In all actions in which judgment is rendered against any surety company under the provisions of this section, if it appears from evidence that the surety company has willfully and without just cause refused to pay the loss upon demand, the court, in rendering judgment, shall allow the plaintiff the amount of the plaintiff's expenses, including court costs and attorney's fees, to be recovered and collected as part of the costs.

(2) The amount of any payment of costs and attorney's fees under this subsection will not reduce the surety's liability on its bond.

Acts 1979, No. 83, § 31; A.S.A. 1947, § 77-1331.
Ark. Code Ann. § 2-35-401 — AR Code / Title 2 / Chapter 35 / Subchapter 4 / Section 2-35-401
Purpose
Status: in_force

(a) It is found and determined by the General Assembly that: (1) The Arkansas law which creates the Arkansas Beef Council authorizes an assessment of twenty-five cents (25¢) per head on all cattle sold in the state; (2) Since the enactment of the Arkansas law, the United States Congress and the United States Department of Agriculture have established a national beef promotion and research program under which there is an assessment of one dollar ($1.00) per head on all cattle sold; (3) Under the national program, a qualified state beef council is authorized to retain fifty cents (50¢) of each one dollar ($1.00) per head assessment for financing a state beef promotion and research program if authorized by state law; (4) The one dollar ($1.00) per head national assessment is currently required to be collected but is subject to a referendum within twenty-two (22) months after the issuance of the beef promotion and research order by the United States Secretary of Agriculture; (5) It is essential that appropriate legislation be enacted in Arkansas to provide for the collection of the one dollar ($1.00) per head assessment and the retention by the state of fifty cents (50¢) of each one dollar ($1.00) assessment during the interim from the date of the order until the referendum process is completed and thereafter in the event the producers voting at the referendum approve a continuation of the assessment; to further assure that in the event the producers voting at the referendum vote against continuing the one dollar ($1.00) per head assessment, the present Arkansas law providing for an assessment of twenty-five cents (25¢) per head will be automatically reactivated. (b) Therefore, it is the intent and purpose of this subchapter to suspend the collection of the twenty-five cents (25¢) per head assessment provided for in § 2-35-301 et seq. and to provide for the collection of the one dollar ($1.00) per head national assessment levied for beef promotion and research so long as the national program continues in effect, with fifty cents (50¢) of the assessment to be retained for the Arkansas Beef Council, and to provide that if the producers voting at the referendum provided for in the Beef Promotion and Research Act of 1985 and the administrative order issued pursuant thereto vote to discontinue the one dollar ($1.00) per head national assessment, then the provisions of § 2-35-301 et seq. and the assessment of twenty-five cents (25¢) per head of cattle sold in this state will be reactivated the same as if the national program had never existed. Acts 1987, No. 3, § 1.

(a) It is found and determined by the General Assembly that: (1) The Arkansas law which creates the Arkansas Beef Council authorizes an assessment of twenty-five cents (25¢) per head on all cattle sold in the state; (2) Since the enactment of the Arkansas law, the United States Congress and the United States Department of Agriculture have established a national beef promotion and research program under which there is an assessment of one dollar ($1.00) per head on all cattle sold; (3) Under the national program, a qualified state beef council is authorized to retain fifty cents (50¢) of each one dollar ($1.00) per head assessment for financing a state beef promotion and research program if authorized by state law; (4) The one dollar ($1.00) per head national assessment is currently required to be collected but is subject to a referendum within twenty-two (22) months after the issuance of the beef promotion and research order by the United States Secretary of Agriculture; (5) It is essential that appropriate legislation be enacted in Arkansas to provide for the collection of the one dollar ($1.00) per head assessment and the retention by the state of fifty cents (50¢) of each one dollar ($1.00) assessment during the interim from the date of the order until the referendum process is completed and thereafter in the event the producers voting at the referendum approve a continuation of the assessment; to further assure that in the event the producers voting at the referendum vote against continuing the one dollar ($1.00) per head assessment, the present Arkansas law providing for an assessment of twenty-five cents (25¢) per head will be automatically reactivated.

(1) The Arkansas law which creates the Arkansas Beef Council authorizes an assessment of twenty-five cents (25¢) per head on all cattle sold in the state;

(2) Since the enactment of the Arkansas law, the United States Congress and the United States Department of Agriculture have established a national beef promotion and research program under which there is an assessment of one dollar ($1.00) per head on all cattle sold;

(3) Under the national program, a qualified state beef council is authorized to retain fifty cents (50¢) of each one dollar ($1.00) per head assessment for financing a state beef promotion and research program if authorized by state law;

(4) The one dollar ($1.00) per head national assessment is currently required to be collected but is subject to a referendum within twenty-two (22) months after the issuance of the beef promotion and research order by the United States Secretary of Agriculture;

(5) It is essential that appropriate legislation be enacted in Arkansas to provide for the collection of the one dollar ($1.00) per head assessment and the retention by the state of fifty cents (50¢) of each one dollar ($1.00) assessment during the interim from the date of the order until the referendum process is completed and thereafter in the event the producers voting at the referendum approve a continuation of the assessment; to further assure that in the event the producers voting at the referendum vote against continuing the one dollar ($1.00) per head assessment, the present Arkansas law providing for an assessment of twenty-five cents (25¢) per head will be automatically reactivated.

(b) Therefore, it is the intent and purpose of this subchapter to suspend the collection of the twenty-five cents (25¢) per head assessment provided for in § 2-35-301 et seq. and to provide for the collection of the one dollar ($1.00) per head national assessment levied for beef promotion and research so long as the national program continues in effect, with fifty cents (50¢) of the assessment to be retained for the Arkansas Beef Council, and to provide that if the producers voting at the referendum provided for in the Beef Promotion and Research Act of 1985 and the administrative order issued pursuant thereto vote to discontinue the one dollar ($1.00) per head national assessment, then the provisions of § 2-35-301 et seq. and the assessment of twenty-five cents (25¢) per head of cattle sold in this state will be reactivated the same as if the national program had never existed.

Acts 1987, No. 3, § 1.
Ark. Code Ann. § 2-33-301 — AR Code / Title 2 / Chapter 33 / Subchapter 3 / Section 2-33-301
Division of Markets and Grading
Status: in_force

There is established a Division of Markets and Grading of the Arkansas Livestock and Poultry Commission which shall have the responsibility of administering, under the direction of the commission, the provisions of the Arkansas Egg Marketing Act of 1969, § 20-58-201 et seq., as amended, and the Poultry and Egg Grading Program authorized by this subchapter. Acts 1965, No. 49, § 1; A.S.A. 1947, § 78-316.

There is established a Division of Markets and Grading of the Arkansas Livestock and Poultry Commission which shall have the responsibility of administering, under the direction of the commission, the provisions of the Arkansas Egg Marketing Act of 1969, § 20-58-201 et seq., as amended, and the Poultry and Egg Grading Program authorized by this subchapter.

Acts 1965, No. 49, § 1; A.S.A. 1947, § 78-316.
Ark. Code Ann. § 2-35-404 — AR Code / Title 2 / Chapter 35 / Subchapter 4 / Section 2-35-404
Rules
Status: in_force

The Secretary of the Department of Agriculture is authorized to adopt appropriate rules not inconsistent with this subchapter or the federal law, orders, and rules regarding the national beef promotion and research program as he or she may deem necessary to carry out the intent and purposes of, and to assure compliance with, this subchapter and the federal laws, orders, and rules relating to the national beef promotion and research program. Amended by Act 2023, No. 712,§ 9, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 3295, eff. 7/1/2019. Acts 1987, No. 3, § 3.

The Secretary of the Department of Agriculture is authorized to adopt appropriate rules not inconsistent with this subchapter or the federal law, orders, and rules regarding the national beef promotion and research program as he or she may deem necessary to carry out the intent and purposes of, and to assure compliance with, this subchapter and the federal laws, orders, and rules relating to the national beef promotion and research program.

Amended by Act 2023, No. 712,§ 9, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 3295, eff. 7/1/2019.

Acts 1987, No. 3, § 3.
Ark. Code Ann. § 2-2-310 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-310
No approval for financial obligations - Exception
Status: in_force

(a) The board of directors shall not be required to procure any consent from or authorization by the members, except in the instance of the increase of bonded indebtedness of the association, in authorizing: (1) The procurement of loans, the creation of obligations under which the association is to be primarily or secondarily liable, and the issuance of notes, bonds, and other obligations; and (2) The mortgage and pledge of all or any part of the association's assets, including after-acquired property, as security for any obligations so incurred. (b) Where the bonded indebtedness is increased within the meaning of Arkansas Constitution, Article 12, Section 8, authorization of both the creation of the additional indebtedness and the lien securing it shall be required in conformity with the constitutional provision. Acts 1981, No. 121, § 9; A.S.A. 1947, § 77-1035.

(a) The board of directors shall not be required to procure any consent from or authorization by the members, except in the instance of the increase of bonded indebtedness of the association, in authorizing: (1) The procurement of loans, the creation of obligations under which the association is to be primarily or secondarily liable, and the issuance of notes, bonds, and other obligations; and (2) The mortgage and pledge of all or any part of the association's assets, including after-acquired property, as security for any obligations so incurred.

(1) The procurement of loans, the creation of obligations under which the association is to be primarily or secondarily liable, and the issuance of notes, bonds, and other obligations; and

(2) The mortgage and pledge of all or any part of the association's assets, including after-acquired property, as security for any obligations so incurred.

(b) Where the bonded indebtedness is increased within the meaning of Arkansas Constitution, Article 12, Section 8, authorization of both the creation of the additional indebtedness and the lien securing it shall be required in conformity with the constitutional provision.

Acts 1981, No. 121, § 9; A.S.A. 1947, § 77-1035.
Ark. Code Ann. § 2-9-108 — AR Code / Title 2 / Chapter 9 / Section 2-9-108
Budget
Status: in_force

(a) The Arkansas Catfish Promotion Board shall prepare an annual budget, a copy of which shall be maintained at the principal office of the board and shall be open for public inspection during business hours. (b) The board shall be audited annually in accordance with generally accepted auditing procedures, and a copy of the audit shall be filed with the Legislative Joint Auditing Committee. Acts 1999, No. 790, § 9.

(a) The Arkansas Catfish Promotion Board shall prepare an annual budget, a copy of which shall be maintained at the principal office of the board and shall be open for public inspection during business hours.

(b) The board shall be audited annually in accordance with generally accepted auditing procedures, and a copy of the audit shall be filed with the Legislative Joint Auditing Committee.

Acts 1999, No. 790, § 9.
Ark. Code Ann. § 2-35-202 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-202
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 6; Pope's Dig., § 3233; A.S.A. 1947, § 78-906.

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

Acts 1937, No. 206, § 6; Pope's Dig., § 3233; A.S.A. 1947, § 78-906.
Ark. Code Ann. § 2-10-102 — AR Code / Title 2 / Chapter 10 / Subchapter 1 / Section 2-10-102
Findings - Purposes
Status: in_force

(a) The General Assembly finds that: (1) The dairy industry is an essential agricultural activity of the State of Arkansas; (2) Dairy farms, associated suppliers, marketers, processors, and retailers are an integral component of the state's economy; (3) The ability of a dairy farm, associated supplier, marketer, processor, and retailer to provide a stable, local supply of pure and wholesome milk is a matter of great importance to the health and welfare of the people of this state; (4) Dairy farms are an integral part of the state's rural communities; (5) Dairy farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities; (6) Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the state's dairy industry and all the associated benefits of the industry; (7) Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the dairy industry of this state; and (8) The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq., established only minimum prices paid to producers for raw milk, without preempting the power of the state to regulate milk prices above the minimum levels so established. (b) The purposes of this subchapter are to: (1) Take all necessary steps to assure the continued viability of dairy farming in the state; (2) Assure consumers of an adequate, local supply of pure and wholesome milk; (3) Neither displace the federal order system nor encourage the merging of federal orders; and (4) Encourage increased production to meet the state's need for quality milk. Acts 2007, No. 754, § 1.

(a) The General Assembly finds that: (1) The dairy industry is an essential agricultural activity of the State of Arkansas; (2) Dairy farms, associated suppliers, marketers, processors, and retailers are an integral component of the state's economy; (3) The ability of a dairy farm, associated supplier, marketer, processor, and retailer to provide a stable, local supply of pure and wholesome milk is a matter of great importance to the health and welfare of the people of this state; (4) Dairy farms are an integral part of the state's rural communities; (5) Dairy farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities; (6) Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the state's dairy industry and all the associated benefits of the industry; (7) Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the dairy industry of this state; and (8) The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq., established only minimum prices paid to producers for raw milk, without preempting the power of the state to regulate milk prices above the minimum levels so established.

(1) The dairy industry is an essential agricultural activity of the State of Arkansas;

(2) Dairy farms, associated suppliers, marketers, processors, and retailers are an integral component of the state's economy;

(3) The ability of a dairy farm, associated supplier, marketer, processor, and retailer to provide a stable, local supply of pure and wholesome milk is a matter of great importance to the health and welfare of the people of this state;

(4) Dairy farms are an integral part of the state's rural communities;

(5) Dairy farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities;

(6) Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the state's dairy industry and all the associated benefits of the industry;

(7) Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the dairy industry of this state; and

(8) The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq., established only minimum prices paid to producers for raw milk, without preempting the power of the state to regulate milk prices above the minimum levels so established.

(b) The purposes of this subchapter are to: (1) Take all necessary steps to assure the continued viability of dairy farming in the state; (2) Assure consumers of an adequate, local supply of pure and wholesome milk; (3) Neither displace the federal order system nor encourage the merging of federal orders; and (4) Encourage increased production to meet the state's need for quality milk.

(1) Take all necessary steps to assure the continued viability of dairy farming in the state;

(2) Assure consumers of an adequate, local supply of pure and wholesome milk;

(3) Neither displace the federal order system nor encourage the merging of federal orders; and

(4) Encourage increased production to meet the state's need for quality milk.

Acts 2007, No. 754, § 1.
Ark. Code Ann. § 2-34-303 — AR Code / Title 2 / Chapter 34 / Subchapter 3 / Section 2-34-303
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 34, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 5, eff. 7/22/2015. Acts 1868, No. 29, § 2, p. 101; C. & M. Dig., § 261; Pope's Dig., § 275; A.S.A. 1947, § 78-1002.

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

Amended by Act 2015, No. 965,§ 5, eff. 7/22/2015.

Acts 1868, No. 29, § 2, p. 101; C. & M. Dig., § 261; Pope's Dig., § 275; A.S.A. 1947, § 78-1002.
Ark. Code Ann. § 2-6-116 — AR Code / Title 2 / Chapter 6 / Section 2-6-116
Receivership - Sureties
Status: in_force

When the Secretary of the Department of Agriculture or his or her designee is appointed as receiver under this chapter, the surety on the bond of the Class A registrant shall be joined as a party defendant by the secretary. If required by the court, the surety shall pay the bond proceeds, or so much thereof as the court finds necessary, into the court, and when so paid the surety shall be absolutely discharged from any further liability under the bond to the extent of the payment. Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

When the Secretary of the Department of Agriculture or his or her designee is appointed as receiver under this chapter, the surety on the bond of the Class A registrant shall be joined as a party defendant by the secretary. If required by the court, the surety shall pay the bond proceeds, or so much thereof as the court finds necessary, into the court, and when so paid the surety shall be absolutely discharged from any further liability under the bond to the extent of the payment.

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

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-15-514 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-514
Transportation of industrial hemp
Status: in_force

(a) Industrial hemp found off the premises of a licensee is contraband and subject to seizure by any law enforcement officer unless the individual has in his or her possession the documents required by subsection (b) of this section. (b) An individual transporting or having in his or her possession industrial hemp shall also have in his or her possession either: (1) A grower license issued under this subchapter; or (2) A bill of lading or other proper documentation demonstrating that the industrial hemp was legally imported or is otherwise legally present in this state under applicable state and federal laws relating to industrial hemp. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) Industrial hemp found off the premises of a licensee is contraband and subject to seizure by any law enforcement officer unless the individual has in his or her possession the documents required by subsection (b) of this section.

(b) An individual transporting or having in his or her possession industrial hemp shall also have in his or her possession either: (1) A grower license issued under this subchapter; or (2) A bill of lading or other proper documentation demonstrating that the industrial hemp was legally imported or is otherwise legally present in this state under applicable state and federal laws relating to industrial hemp.

(1) A grower license issued under this subchapter; or

(2) A bill of lading or other proper documentation demonstrating that the industrial hemp was legally imported or is otherwise legally present in this state under applicable state and federal laws relating to industrial hemp.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-39-106 — AR Code / Title 2 / Chapter 39 / Section 2-39-106
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 7, eff. 8/1/2023. Rev. Stat., ch. 76, § 4; C. & M. Dig., § 4650; Pope's Dig., § 5739; A.S.A. 1947, § 78-1206.

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

Rev. Stat., ch. 76, § 4; C. & M. Dig., § 4650; Pope's Dig., § 5739; A.S.A. 1947, § 78-1206.
Ark. Code Ann. § 2-38-408 — AR Code / Title 2 / Chapter 38 / Subchapter 4 / Section 2-38-408
Disposition of funds
Status: in_force

(a) (1) The county shall be entitled to ten dollars ($10.00) per day for each livestock found running at large along or on any public highway and impounded. (2) The sum shall be paid by the claimant-owner, as provided in § 2-38-406 , or from the proceeds of the sale of the livestock. (b) (1) If there is a balance remaining after the expenses are deducted from the proceeds of the sale, the balance shall be deposited into a special fund in the name of the sheriff. (2) If the proceeds are not sufficient to pay the expenses incurred as provided in this section, the balance may be withdrawn from the fund provided for in subdivision (b)(1) of this section. (3) At the end of each calendar year, any balance in this fund shall be deposited with the county treasurer to the credit of the county road fund. Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023. Acts 1955, No. 145, § 8; A.S.A. 1947, § 78-1151.

(a) (1) The county shall be entitled to ten dollars ($10.00) per day for each livestock found running at large along or on any public highway and impounded. (2) The sum shall be paid by the claimant-owner, as provided in § 2-38-406 , or from the proceeds of the sale of the livestock.

(1) The county shall be entitled to ten dollars ($10.00) per day for each livestock found running at large along or on any public highway and impounded.

(2) The sum shall be paid by the claimant-owner, as provided in § 2-38-406 , or from the proceeds of the sale of the livestock.

(b) (1) If there is a balance remaining after the expenses are deducted from the proceeds of the sale, the balance shall be deposited into a special fund in the name of the sheriff. (2) If the proceeds are not sufficient to pay the expenses incurred as provided in this section, the balance may be withdrawn from the fund provided for in subdivision (b)(1) of this section. (3) At the end of each calendar year, any balance in this fund shall be deposited with the county treasurer to the credit of the county road fund.

(1) If there is a balance remaining after the expenses are deducted from the proceeds of the sale, the balance shall be deposited into a special fund in the name of the sheriff.

(2) If the proceeds are not sufficient to pay the expenses incurred as provided in this section, the balance may be withdrawn from the fund provided for in subdivision (b)(1) of this section.

(3) At the end of each calendar year, any balance in this fund shall be deposited with the county treasurer to the credit of the county road fund.

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

Acts 1955, No. 145, § 8; A.S.A. 1947, § 78-1151.
Ark. Code Ann. § 2-22-110 — AR Code / Title 2 / Chapter 22 / Section 2-22-110
Registration by beekeepers
Status: in_force

(a) (1) (A) A person owning, leasing, or possessing bees within ten (10) days after coming into ownership or possession of bees or before moving bees from outside the State of Arkansas, shall file with the State Plant Board an application for registration. (B) The application shall set forth the exact location by legal description of the premises, together with the name of the owner or possessor of the apiary, the number of colonies of bees in each apiary owned by him or her or in his or her possession or under his or her control, together with such other information as may be required by the board. (2) The beekeeper may register one (1) location for each ten (10) colonies for the first one thousand (1,000) colonies and may register one (1) location for each twenty (20) colonies thereafter. (3) A new registration is required when any significant change occurs in the location or operation of the beekeeper. (4) All applications for registration shall be approved or rejected by the board so as to effectuate compliance with this chapter or rules promulgated under this section. (b) (1) No person can place bees on property other than his or her own within three (3) miles of a previously registered area without the written permission of the registrant. (2) Upon written complaint made to the board by any beekeeper or any landowner whose land is in the registered area that the registrant or any other person claiming prior bee pasturage rights is not properly covering the area so registered, then the board shall be authorized to permit the placing in such area of other bees or bee yards as, in its judgment, shall be sufficient. (c) (1) (A) Nonresidents of this state who desire to locate their colonies of bees in Arkansas shall register their bees and the locations they desire as required in subsection (a) of this section. (B) Registration shall be required annually. (2) If a nonresident beekeeper fails to place his or her bees in an area registered by him or her during the registration period, the beekeeper shall forfeit his or her rights to that area and shall not be allowed to apply for that area until one (1) year after the forfeiture. Acts 1977, No. 161, § 3; 1979, No. 149, § 1; A.S.A. 1947, § 78-1727.

(a) (1) (A) A person owning, leasing, or possessing bees within ten (10) days after coming into ownership or possession of bees or before moving bees from outside the State of Arkansas, shall file with the State Plant Board an application for registration. (B) The application shall set forth the exact location by legal description of the premises, together with the name of the owner or possessor of the apiary, the number of colonies of bees in each apiary owned by him or her or in his or her possession or under his or her control, together with such other information as may be required by the board. (2) The beekeeper may register one (1) location for each ten (10) colonies for the first one thousand (1,000) colonies and may register one (1) location for each twenty (20) colonies thereafter. (3) A new registration is required when any significant change occurs in the location or operation of the beekeeper. (4) All applications for registration shall be approved or rejected by the board so as to effectuate compliance with this chapter or rules promulgated under this section.

(1) (A) A person owning, leasing, or possessing bees within ten (10) days after coming into ownership or possession of bees or before moving bees from outside the State of Arkansas, shall file with the State Plant Board an application for registration. (B) The application shall set forth the exact location by legal description of the premises, together with the name of the owner or possessor of the apiary, the number of colonies of bees in each apiary owned by him or her or in his or her possession or under his or her control, together with such other information as may be required by the board.

(A) A person owning, leasing, or possessing bees within ten (10) days after coming into ownership or possession of bees or before moving bees from outside the State of Arkansas, shall file with the State Plant Board an application for registration.

(B) The application shall set forth the exact location by legal description of the premises, together with the name of the owner or possessor of the apiary, the number of colonies of bees in each apiary owned by him or her or in his or her possession or under his or her control, together with such other information as may be required by the board.

(2) The beekeeper may register one (1) location for each ten (10) colonies for the first one thousand (1,000) colonies and may register one (1) location for each twenty (20) colonies thereafter.

(3) A new registration is required when any significant change occurs in the location or operation of the beekeeper.

(4) All applications for registration shall be approved or rejected by the board so as to effectuate compliance with this chapter or rules promulgated under this section.

(b) (1) No person can place bees on property other than his or her own within three (3) miles of a previously registered area without the written permission of the registrant. (2) Upon written complaint made to the board by any beekeeper or any landowner whose land is in the registered area that the registrant or any other person claiming prior bee pasturage rights is not properly covering the area so registered, then the board shall be authorized to permit the placing in such area of other bees or bee yards as, in its judgment, shall be sufficient.

(1) No person can place bees on property other than his or her own within three (3) miles of a previously registered area without the written permission of the registrant.

(2) Upon written complaint made to the board by any beekeeper or any landowner whose land is in the registered area that the registrant or any other person claiming prior bee pasturage rights is not properly covering the area so registered, then the board shall be authorized to permit the placing in such area of other bees or bee yards as, in its judgment, shall be sufficient.

(c) (1) (A) Nonresidents of this state who desire to locate their colonies of bees in Arkansas shall register their bees and the locations they desire as required in subsection (a) of this section. (B) Registration shall be required annually. (2) If a nonresident beekeeper fails to place his or her bees in an area registered by him or her during the registration period, the beekeeper shall forfeit his or her rights to that area and shall not be allowed to apply for that area until one (1) year after the forfeiture.

(1) (A) Nonresidents of this state who desire to locate their colonies of bees in Arkansas shall register their bees and the locations they desire as required in subsection (a) of this section. (B) Registration shall be required annually.

(A) Nonresidents of this state who desire to locate their colonies of bees in Arkansas shall register their bees and the locations they desire as required in subsection (a) of this section.

(B) Registration shall be required annually.

(2) If a nonresident beekeeper fails to place his or her bees in an area registered by him or her during the registration period, the beekeeper shall forfeit his or her rights to that area and shall not be allowed to apply for that area until one (1) year after the forfeiture.

Acts 1977, No. 161, § 3; 1979, No. 149, § 1; A.S.A. 1947, § 78-1727.
Ark. Code Ann. § 2-20-609 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-609
Promotion program - Use of funds
Status: in_force

(a) The Arkansas Wheat Promotion Board shall plan and conduct a program of research, extension, market development, and advertising designed to promote the wheat industry in Arkansas. (b) (1) (A) The board is authorized to use the funds derived from the assessments imposed in this subchapter for these purposes, including basic administration expenses of the plan. (B) Use of these funds may be applied, as prescribed in this section, within or without the State of Arkansas, including regional, national, and international applications. (2) The funds may also be used to defray costs of referenda. Acts 1985, No. 283, § 6; A.S.A. 1947, § 77-2406.

(a) The Arkansas Wheat Promotion Board shall plan and conduct a program of research, extension, market development, and advertising designed to promote the wheat industry in Arkansas.

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

(1) (A) The board is authorized to use the funds derived from the assessments imposed in this subchapter for these purposes, including basic administration expenses of the plan. (B) Use of these funds may be applied, as prescribed in this section, within or without the State of Arkansas, including regional, national, and international applications.

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

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

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

Acts 1985, No. 283, § 6; A.S.A. 1947, § 77-2406.
Ark. Code Ann. § 2-40-811 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-811
Reporting of test results
Status: in_force

(a) It is the responsibility of the approved laboratory to notify the State Veterinarian's office and the individual submitting the sample for testing within twenty-four (24) hours after classifying an equidae as a reactor. (b) It is the responsibility of the individual collecting the test sample to notify the reactor's owner or the owner's agent of the results of all positive tests within forty-eight (48) hours after classification and to notify the animal's owner or the owner's agent of the quarantine resulting from positive test results. Acts 1997, No. 1306, § 9.

(a) It is the responsibility of the approved laboratory to notify the State Veterinarian's office and the individual submitting the sample for testing within twenty-four (24) hours after classifying an equidae as a reactor.

(b) It is the responsibility of the individual collecting the test sample to notify the reactor's owner or the owner's agent of the results of all positive tests within forty-eight (48) hours after classification and to notify the animal's owner or the owner's agent of the quarantine resulting from positive test results.

Acts 1997, No. 1306, § 9.
Ark. Code Ann. § 2-40-303 — AR Code / Title 2 / Chapter 40 / Subchapter 3 / Section 2-40-303
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 53, eff. 8/1/2017. Acts 1917, No. 173, § 4, p. 947; C. & M. Dig., § 368; Acts 1925, No. 224, § 4; Pope's Dig., § 393; A.S.A. 1947, § 78-418.

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

Acts 1917, No. 173, § 4, p. 947; C. & M. Dig., § 368; Acts 1925, No. 224, § 4; Pope's Dig., § 393; A.S.A. 1947, § 78-418.
Ark. Code Ann. § 2-36-103 — AR Code / Title 2 / Chapter 36 / Subchapter 1 / Section 2-36-103
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 3, eff. 7/28/2021. Acts 1989 (1st Ex. Sess.), No. 192, § 19.

Repealed by Act 2021, No. 700,§ 3, eff. 7/28/2021.

Acts 1989 (1st Ex. Sess.), No. 192, § 19.
Ark. Code Ann. § 2-2-410 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-410
Filing fees
Status: in_force

For filing articles of incorporation, an association organized under this subchapter shall pay five dollars ($5.00), and for filing an amendment to the articles, it shall pay two dollars and fifty cents ($2.50). Acts 1921, No. 116, § 29; 1937, No. 351, § 3; Pope's Dig., § 2314; A.S.A. 1947, § 77-928.

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

Acts 1921, No. 116, § 29; 1937, No. 351, § 3; Pope's Dig., § 2314; A.S.A. 1947, § 77-928.
Ark. Code Ann. § 2-15-513 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-513
Ineligibility - Fingerprinting and release of information
Status: in_force

(a) An individual who has been convicted of a felony related to a controlled substance under federal or state law is ineligible, during the ten-year period following the date of the conviction, to participate in the industrial hemp production program under this subchapter. (b) An individual who materially falsifies any information contained in an application to participate in the program is ineligible to participate in the program under this subchapter. (c) (1) (A) All individuals desiring to participate in the program shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Public Safety. (B) After the completion of the criminal background check through the department under subdivision (c)(1)(A) of this section, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check. (2) The applicant shall sign a release that allows the department to disclose: (A) An Arkansas noncriminal-justice background check to the State Plant Board as evidence in an administrative hearing conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) An individual who has been convicted of a felony related to a controlled substance under federal or state law is ineligible, during the ten-year period following the date of the conviction, to participate in the industrial hemp production program under this subchapter.

(b) An individual who materially falsifies any information contained in an application to participate in the program is ineligible to participate in the program under this subchapter.

(c) (1) (A) All individuals desiring to participate in the program shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Public Safety. (B) After the completion of the criminal background check through the department under subdivision (c)(1)(A) of this section, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check. (2) The applicant shall sign a release that allows the department to disclose: (A) An Arkansas noncriminal-justice background check to the State Plant Board as evidence in an administrative hearing conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.

(1) (A) All individuals desiring to participate in the program shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Public Safety. (B) After the completion of the criminal background check through the department under subdivision (c)(1)(A) of this section, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check.

(A) All individuals desiring to participate in the program shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Public Safety.

(B) After the completion of the criminal background check through the department under subdivision (c)(1)(A) of this section, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check.

(2) The applicant shall sign a release that allows the department to disclose: (A) An Arkansas noncriminal-justice background check to the State Plant Board as evidence in an administrative hearing conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.

(A) An Arkansas noncriminal-justice background check to the State Plant Board as evidence in an administrative hearing conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(B) A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-36-307 — AR Code / Title 2 / Chapter 36 / Subchapter 3 / Section 2-36-307
Arkansas-Oklahoma District Fair
Status: in_force

(a) There is established a district livestock show to be known as the "Arkansas-Oklahoma District Fair" and to be located in Fort Smith, Sebastian County, Arkansas at Kay Rodgers Park. (b) The Arkansas-Oklahoma District Fair district shall be composed of: (1) The Arkansas counties of Benton, Conway, Crawford, Franklin, Johnson, Logan, Perry, Polk, Pope, Scott, Sebastian, Washington, and Yell; and (2) In Oklahoma: (A) The counties of Adair, Cherokee, Haskell, Latimer, LeFlore, and Sequoyah that shall have exhibits counted for premium points but shall not receive Arkansas state funds; and (B) The counties of Delaware, McCurtain, McIntosh, Muskogee, Pittsburg, and Wagoner that shall not be counted for premium points or receive Arkansas state funds. (c) (1) The fair shall commence each year no later than the third Friday following Labor Day. (2) However, the fair may not commence earlier than the third Friday following Labor Day unless all Arkansas county fairs in the district have been completed before the proposed earlier date. (d) The fair shall enjoy the same privileges as previously established district fairs and livestock shows in the State of Arkansas. (e) (1) There is created the Arkansas-Oklahoma District Fair Board to produce and administer the fair. (2) The board shall be composed of: (A) The District Fair Committee appointed by the Arkansas-Oklahoma Regional Education and Promotion Association, Inc.; and (B) At the option of each county fair among the Arkansas fairs in the district, one (1) member from each fair appointed by the respective fairs. (3) The board shall operate at the discretion of the members. Acts 2003, No. 685, § 1.

(a) There is established a district livestock show to be known as the "Arkansas-Oklahoma District Fair" and to be located in Fort Smith, Sebastian County, Arkansas at Kay Rodgers Park.

(b) The Arkansas-Oklahoma District Fair district shall be composed of: (1) The Arkansas counties of Benton, Conway, Crawford, Franklin, Johnson, Logan, Perry, Polk, Pope, Scott, Sebastian, Washington, and Yell; and (2) In Oklahoma: (A) The counties of Adair, Cherokee, Haskell, Latimer, LeFlore, and Sequoyah that shall have exhibits counted for premium points but shall not receive Arkansas state funds; and (B) The counties of Delaware, McCurtain, McIntosh, Muskogee, Pittsburg, and Wagoner that shall not be counted for premium points or receive Arkansas state funds.

(1) The Arkansas counties of Benton, Conway, Crawford, Franklin, Johnson, Logan, Perry, Polk, Pope, Scott, Sebastian, Washington, and Yell; and

(2) In Oklahoma: (A) The counties of Adair, Cherokee, Haskell, Latimer, LeFlore, and Sequoyah that shall have exhibits counted for premium points but shall not receive Arkansas state funds; and (B) The counties of Delaware, McCurtain, McIntosh, Muskogee, Pittsburg, and Wagoner that shall not be counted for premium points or receive Arkansas state funds.

(A) The counties of Adair, Cherokee, Haskell, Latimer, LeFlore, and Sequoyah that shall have exhibits counted for premium points but shall not receive Arkansas state funds; and

(B) The counties of Delaware, McCurtain, McIntosh, Muskogee, Pittsburg, and Wagoner that shall not be counted for premium points or receive Arkansas state funds.

(c) (1) The fair shall commence each year no later than the third Friday following Labor Day. (2) However, the fair may not commence earlier than the third Friday following Labor Day unless all Arkansas county fairs in the district have been completed before the proposed earlier date.

(1) The fair shall commence each year no later than the third Friday following Labor Day.

(2) However, the fair may not commence earlier than the third Friday following Labor Day unless all Arkansas county fairs in the district have been completed before the proposed earlier date.

(d) The fair shall enjoy the same privileges as previously established district fairs and livestock shows in the State of Arkansas.

(e) (1) There is created the Arkansas-Oklahoma District Fair Board to produce and administer the fair. (2) The board shall be composed of: (A) The District Fair Committee appointed by the Arkansas-Oklahoma Regional Education and Promotion Association, Inc.; and (B) At the option of each county fair among the Arkansas fairs in the district, one (1) member from each fair appointed by the respective fairs. (3) The board shall operate at the discretion of the members.

(1) There is created the Arkansas-Oklahoma District Fair Board to produce and administer the fair.

(2) The board shall be composed of: (A) The District Fair Committee appointed by the Arkansas-Oklahoma Regional Education and Promotion Association, Inc.; and (B) At the option of each county fair among the Arkansas fairs in the district, one (1) member from each fair appointed by the respective fairs.

(A) The District Fair Committee appointed by the Arkansas-Oklahoma Regional Education and Promotion Association, Inc.; and

(B) At the option of each county fair among the Arkansas fairs in the district, one (1) member from each fair appointed by the respective fairs.

(3) The board shall operate at the discretion of the members.

Acts 2003, No. 685, § 1.
Ark. Code Ann. § 2-33-305 — AR Code / Title 2 / Chapter 33 / Subchapter 3 / Section 2-33-305
Intergovernmental cooperation
Status: in_force

The Arkansas Livestock and Poultry Commission is authorized to cooperate with the appropriate federal agencies and the appropriate agencies of this state and other states for the purpose of coordinating laws and rules governing the interstate movement of eggs and graded poultry with a view of safeguarding the public health and quality of these products and at the same time endeavoring to eliminate interstate trade barriers. Acts 1965, No. 49, § 5; A.S.A. 1947, § 78-320.

The Arkansas Livestock and Poultry Commission is authorized to cooperate with the appropriate federal agencies and the appropriate agencies of this state and other states for the purpose of coordinating laws and rules governing the interstate movement of eggs and graded poultry with a view of safeguarding the public health and quality of these products and at the same time endeavoring to eliminate interstate trade barriers.

Acts 1965, No. 49, § 5; A.S.A. 1947, § 78-320.
Ark. Code Ann. § 2-40-904 — AR Code / Title 2 / Chapter 40 / Subchapter 9 / Section 2-40-904
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 73, eff. 8/1/2017. Acts 1951, No. 396, § 1; A.S.A. 1947, § 78-419.

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

Acts 1951, No. 396, § 1; A.S.A. 1947, § 78-419.
Ark. Code Ann. § 2-38-203 — AR Code / Title 2 / Chapter 38 / Subchapter 2 / Section 2-38-203
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 2, eff. 8/1/2023. Rev. Stat., ch. 74, § 4; C. & M. Dig., § 347; Pope's Dig., § 362; A.S.A. 1947, § 78-1139.

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

Rev. Stat., ch. 74, § 4; C. & M. Dig., § 347; Pope's Dig., § 362; A.S.A. 1947, § 78-1139.
Ark. Code Ann. § 2-16-601 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-601
Title
Status: in_force

This subchapter shall be known as the "Arkansas Boll Weevil Suppression Eradication Act". Acts 1991, No. 710, § 1.

This subchapter shall be known as the "Arkansas Boll Weevil Suppression Eradication Act".

Acts 1991, No. 710, § 1.
Ark. Code Ann. § 2-9-106 — AR Code / Title 2 / Chapter 9 / Section 2-9-106
Voter referenda
Status: in_force

(a) The Arkansas Catfish Promotion Board shall maintain a list of commercial producers of catfish who are entitled to vote in referenda, shall prepare ballots for the referenda, and shall prescribe voting procedures. The board shall mail a ballot by registered mail to every commercial catfish producer identified on the list maintained by the board. Each producer shall be entitled to only one (1) vote. (b) In all referenda, in order to be eligible to vote, a commercial catfish producer must have purchased catfish feed in the period from twelve (12) months immediately preceding the date of the referendum to not less than thirty (30) calendar days immediately preceding the date of the referendum. (c) The Secretary of the Department of Finance and Administration shall be reimbursed from funds collected for the costs of holding referenda. Amended by Act 2019, No. 910,§ 3266, eff. 7/1/2019. Acts 1999, No. 790, § 7.

(a) The Arkansas Catfish Promotion Board shall maintain a list of commercial producers of catfish who are entitled to vote in referenda, shall prepare ballots for the referenda, and shall prescribe voting procedures. The board shall mail a ballot by registered mail to every commercial catfish producer identified on the list maintained by the board. Each producer shall be entitled to only one (1) vote.

(b) In all referenda, in order to be eligible to vote, a commercial catfish producer must have purchased catfish feed in the period from twelve (12) months immediately preceding the date of the referendum to not less than thirty (30) calendar days immediately preceding the date of the referendum.

(c) The Secretary of the Department of Finance and Administration shall be reimbursed from funds collected for the costs of holding referenda.

Amended by Act 2019, No. 910,§ 3266, eff. 7/1/2019.

Acts 1999, No. 790, § 7.
Ark. Code Ann. § 2-20-110 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-110
Inspectors, employees, and agents
Status: in_force

(a) The Director of the State Plant Board may appoint deputy inspectors, employees, and agents to assist in carrying out the provisions of this subchapter. (b) (1) The director may require any employee or agent and any inspector licensed under this subchapter to be covered by a good and sufficient bond, payable to the state, conditional upon the faithful performance of each employee, agent, or licensed inspector of his or her duties as an employee, agent, or licensed inspector. (2) Any person injured by the failure of an employee, agent, or licensed inspector faithfully to perform such duties shall be entitled to sue on the bond in his or her own name in any court of competent jurisdiction for the recovery of such damages as he or she may have sustained by reason of that failure. Acts 1925, No. 218, § 10; Pope's Dig., § 12393; Acts 1985, No. 279, § 2; A.S.A. 1947, § 77-510.

(a) The Director of the State Plant Board may appoint deputy inspectors, employees, and agents to assist in carrying out the provisions of this subchapter.

(b) (1) The director may require any employee or agent and any inspector licensed under this subchapter to be covered by a good and sufficient bond, payable to the state, conditional upon the faithful performance of each employee, agent, or licensed inspector of his or her duties as an employee, agent, or licensed inspector. (2) Any person injured by the failure of an employee, agent, or licensed inspector faithfully to perform such duties shall be entitled to sue on the bond in his or her own name in any court of competent jurisdiction for the recovery of such damages as he or she may have sustained by reason of that failure.

(1) The director may require any employee or agent and any inspector licensed under this subchapter to be covered by a good and sufficient bond, payable to the state, conditional upon the faithful performance of each employee, agent, or licensed inspector of his or her duties as an employee, agent, or licensed inspector.

(2) Any person injured by the failure of an employee, agent, or licensed inspector faithfully to perform such duties shall be entitled to sue on the bond in his or her own name in any court of competent jurisdiction for the recovery of such damages as he or she may have sustained by reason of that failure.

Acts 1925, No. 218, § 10; Pope's Dig., § 12393; Acts 1985, No. 279, § 2; A.S.A. 1947, § 77-510.
Ark. Code Ann. § 2-32-405 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-405
Commingled livestock - Priority
Status: in_force

(a) If livestock subject to an owner's lien are commingled with other livestock in a manner that the identity of the specific livestock 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 livestock and is perfected automatically as of the date of its original perfection but only as to the percentage of the commingled livestock equal to the number of livestock to which the owner's lien originally attached. (b) An owner's lien in commingled livestock 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 livestock, 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 livestock were commingled. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

(a) If livestock subject to an owner's lien are commingled with other livestock in a manner that the identity of the specific livestock 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 livestock and is perfected automatically as of the date of its original perfection but only as to the percentage of the commingled livestock equal to the number of livestock to which the owner's lien originally attached.

(b) An owner's lien in commingled livestock 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 livestock, 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 livestock were commingled.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-32-502 — AR Code / Title 2 / Chapter 32 / Subchapter 5 / Section 2-32-502
Subpoenas - Refusal to testify
Status: in_force

(a) The Arkansas Livestock and Poultry Commission or a member of the commission may issue a subpoena for a witness to require his or her attendance and testimony before the commission, and to require the production of books, papers, and records in any proceeding before the commission that may be material to questions before the commission. (b) The subpoena under subsection (a) of this section shall be served by: (1) The county sheriff of the county in which the person resides; (2) The deputy of the county sheriff; or (3) Any other officer authorized by law to serve process in this state. (c) If a person fails or refuses to comply with a subpoena issued by the commission or a member of the commission, or refuses to testify or answer to a matter in which he or she may lawfully be interrogated, the circuit court of the county in which the person is domiciled, on application of the commission may: (1) In term time or vacation, issue an attachment for the person; (2) Compel the person to: (A) Comply with the subpoena; (B) Appear before the commission; (C) Produce the relevant documents; and (D) Give his or her testimony upon matters as may be lawfully required; and (3) Punish for contempt a person who fails to obey an order under this section, if the person disobeys a subpoena. (d) If a person is not domiciled in this state, the circuit court of the county in which the hearing is held or is to be held shall have jurisdiction. Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.

(a) The Arkansas Livestock and Poultry Commission or a member of the commission may issue a subpoena for a witness to require his or her attendance and testimony before the commission, and to require the production of books, papers, and records in any proceeding before the commission that may be material to questions before the commission.

(b) The subpoena under subsection (a) of this section shall be served by: (1) The county sheriff of the county in which the person resides; (2) The deputy of the county sheriff; or (3) Any other officer authorized by law to serve process in this state.

(1) The county sheriff of the county in which the person resides;

(2) The deputy of the county sheriff; or

(3) Any other officer authorized by law to serve process in this state.

(c) If a person fails or refuses to comply with a subpoena issued by the commission or a member of the commission, or refuses to testify or answer to a matter in which he or she may lawfully be interrogated, the circuit court of the county in which the person is domiciled, on application of the commission may: (1) In term time or vacation, issue an attachment for the person; (2) Compel the person to: (A) Comply with the subpoena; (B) Appear before the commission; (C) Produce the relevant documents; and (D) Give his or her testimony upon matters as may be lawfully required; and (3) Punish for contempt a person who fails to obey an order under this section, if the person disobeys a subpoena.

(1) In term time or vacation, issue an attachment for the person;

(2) Compel the person to: (A) Comply with the subpoena; (B) Appear before the commission; (C) Produce the relevant documents; and (D) Give his or her testimony upon matters as may be lawfully required; and

(A) Comply with the subpoena;

(B) Appear before the commission;

(C) Produce the relevant documents; and

(D) Give his or her testimony upon matters as may be lawfully required; and

(3) Punish for contempt a person who fails to obey an order under this section, if the person disobeys a subpoena.

(d) If a person is not domiciled in this state, the circuit court of the county in which the hearing is held or is to be held shall have jurisdiction.

Added by Act 2017, No. 1011,§ 18, eff. 8/1/2017.
Ark. Code Ann. § 2-20-401 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-401
Purpose
Status: in_force

The purpose of this subchapter is to promote the growth and development of the soybean industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas. Acts 1971, No. 259, § 1; A.S.A. 1947, § 77-2001; Acts 1991, No. 340, § 1.

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

Acts 1971, No. 259, § 1; A.S.A. 1947, § 77-2001; Acts 1991, No. 340, § 1.
Ark. Code Ann. § 2-37-105 — AR Code / Title 2 / Chapter 37 / Section 2-37-105
Labeling
Status: in_force

A commercial feed shall be labeled as follows: (a) In the case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information: (1) The quantity statement (may be stated in metric units in addition to the required avoirdupois). (2) The product name and brand name, if any, under which the commercial feed is distributed. (3) The guaranteed analysis stated in such terms as the State Plant Board by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the AOAC International. (4) The common or usual name of each ingredient used in the manufacture of the commercial feed, provided that the board by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or the board may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if the board finds that such statement is not required in the interest of consumers. (5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed. (6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the board may require by rule as necessary for their safe and effective use. (7) Such precautionary statements as the board by rule determines are necessary for the safe and effective use of the commercial feed. (8) If a drug containing product is used: (A) The purpose of the medication (claim statement), and (B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule. (b) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip or other shipping document, bearing the following information: (1) Name and address of the manufacturer; (2) Name and address of the purchaser; (3) Date of delivery; (4) The product name and net weight (may be stated in metric units in addition to the required avoirdupois) of each commercial feed and each other ingredient used in the mixture; (5) Adequate directions for use and precautionary statements for all customer-formula feeds containing drugs and for such other feeds as the board may require by rule as necessary for their safe and effective use. (6) If a drug containing product is used: (A) The purpose of the medication (claim statement); and (B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule. Amended by Act 2019, No. 315,§ 25, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 24, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 23, eff. 7/24/2019. Acts 1997, No. 726, § 5.

A commercial feed shall be labeled as follows:

(a) In the case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information: (1) The quantity statement (may be stated in metric units in addition to the required avoirdupois). (2) The product name and brand name, if any, under which the commercial feed is distributed. (3) The guaranteed analysis stated in such terms as the State Plant Board by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the AOAC International. (4) The common or usual name of each ingredient used in the manufacture of the commercial feed, provided that the board by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or the board may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if the board finds that such statement is not required in the interest of consumers. (5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed. (6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the board may require by rule as necessary for their safe and effective use. (7) Such precautionary statements as the board by rule determines are necessary for the safe and effective use of the commercial feed. (8) If a drug containing product is used: (A) The purpose of the medication (claim statement), and (B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule.

(1) The quantity statement (may be stated in metric units in addition to the required avoirdupois).

(2) The product name and brand name, if any, under which the commercial feed is distributed.

(3) The guaranteed analysis stated in such terms as the State Plant Board by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the AOAC International.

(4) The common or usual name of each ingredient used in the manufacture of the commercial feed, provided that the board by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or the board may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if the board finds that such statement is not required in the interest of consumers.

(5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.

(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the board may require by rule as necessary for their safe and effective use.

(7) Such precautionary statements as the board by rule determines are necessary for the safe and effective use of the commercial feed.

(8) If a drug containing product is used: (A) The purpose of the medication (claim statement), and (B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule.

(A) The purpose of the medication (claim statement), and

(B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule.

(b) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip or other shipping document, bearing the following information: (1) Name and address of the manufacturer; (2) Name and address of the purchaser; (3) Date of delivery; (4) The product name and net weight (may be stated in metric units in addition to the required avoirdupois) of each commercial feed and each other ingredient used in the mixture; (5) Adequate directions for use and precautionary statements for all customer-formula feeds containing drugs and for such other feeds as the board may require by rule as necessary for their safe and effective use. (6) If a drug containing product is used: (A) The purpose of the medication (claim statement); and (B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule.

(1) Name and address of the manufacturer;

(2) Name and address of the purchaser;

(3) Date of delivery;

(4) The product name and net weight (may be stated in metric units in addition to the required avoirdupois) of each commercial feed and each other ingredient used in the mixture;

(5) Adequate directions for use and precautionary statements for all customer-formula feeds containing drugs and for such other feeds as the board may require by rule as necessary for their safe and effective use.

(6) If a drug containing product is used: (A) The purpose of the medication (claim statement); and (B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule.

(A) The purpose of the medication (claim statement); and

(B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed as defined by rule.

Amended by Act 2019, No. 315,§ 25, eff. 7/24/2019.

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

Amended by Act 2019, No. 315,§ 23, eff. 7/24/2019.

Acts 1997, No. 726, § 5.
Ark. Code Ann. § 2-40-810 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-810
Classification of equidae tested
Status: in_force

(a) All equidae tested shall be classified as either negative or reactor. (b) Reactors may be retested at the owner's expense provided the owner or the owner's agent initiates a retest request to the State Veterinarian not more than five (5) working days after the receipt of the test results by the owner or the owner's agent. (c) (1) All retest samples shall be collected by the same accredited veterinarian who conducted the original test or an alternate accredited veterinarian appointed by the State Veterinarian, and submitted to an approved laboratory within twenty (20) days after the receipt by the owner or the owner's agent of the first positive test. (2) The veterinarian collecting the retest sample shall be provided documentation that the animal being retested is the one shown positive on the initial test. (d) (1) All reactors shall be held in isolation, under quarantine, while awaiting the retest results. (2) All other equidae on the premises shall be held under quarantine while awaiting the retest results. (e) Retest results shall be the official results unless there are conflicting tests. (f) If there are conflicting tests, a third test shall be conducted in the presence of an authorized agent of the commission or by an authorized agent of the commission. (g) The sample will be sent to the commission's diagnostic laboratory. Costs will be borne by the state unless an accredited veterinarian draws the sample, which will be paid for by the owner. (h) Results of two (2) out of three (3) tests will determine classification. Acts 1997, No. 1306, § 8.

(a) All equidae tested shall be classified as either negative or reactor.

(b) Reactors may be retested at the owner's expense provided the owner or the owner's agent initiates a retest request to the State Veterinarian not more than five (5) working days after the receipt of the test results by the owner or the owner's agent.

(c) (1) All retest samples shall be collected by the same accredited veterinarian who conducted the original test or an alternate accredited veterinarian appointed by the State Veterinarian, and submitted to an approved laboratory within twenty (20) days after the receipt by the owner or the owner's agent of the first positive test. (2) The veterinarian collecting the retest sample shall be provided documentation that the animal being retested is the one shown positive on the initial test.

(1) All retest samples shall be collected by the same accredited veterinarian who conducted the original test or an alternate accredited veterinarian appointed by the State Veterinarian, and submitted to an approved laboratory within twenty (20) days after the receipt by the owner or the owner's agent of the first positive test.

(2) The veterinarian collecting the retest sample shall be provided documentation that the animal being retested is the one shown positive on the initial test.

(d) (1) All reactors shall be held in isolation, under quarantine, while awaiting the retest results. (2) All other equidae on the premises shall be held under quarantine while awaiting the retest results.

(1) All reactors shall be held in isolation, under quarantine, while awaiting the retest results.

(2) All other equidae on the premises shall be held under quarantine while awaiting the retest results.

(e) Retest results shall be the official results unless there are conflicting tests.

(f) If there are conflicting tests, a third test shall be conducted in the presence of an authorized agent of the commission or by an authorized agent of the commission.

(g) The sample will be sent to the commission's diagnostic laboratory. Costs will be borne by the state unless an accredited veterinarian draws the sample, which will be paid for by the owner.

(h) Results of two (2) out of three (3) tests will determine classification.

Acts 1997, No. 1306, § 8.
Ark. Code Ann. § 2-3-108 — AR Code / Title 2 / Chapter 3 / Section 2-3-108
[Suspended See Note] Exceptions generally
Status: in_force

(a) This chapter shall not apply to agricultural land owned by a foreign party on April 19, 1979, while the land is held by the foreign party, nor shall this chapter apply to any alien while a bona fide resident of the United States or one of its territories or possessions. (b) Should any alien owning agricultural land in Arkansas cease to be a bona fide resident of the United States or one of its territories or possessions, the alien shall register as required in this chapter within two (2) years after ceasing to be a bona fide resident. (c) Agricultural land held by a nonresident alien over two (2) years after ceasing to be a resident alien shall be subject to the proceedings set forth in §§ 2-3-106 and 2-3-107 . Acts 1979, No. 1096, § 7; A.S.A. 1947, § 77-2207. Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .

(a) This chapter shall not apply to agricultural land owned by a foreign party on April 19, 1979, while the land is held by the foreign party, nor shall this chapter apply to any alien while a bona fide resident of the United States or one of its territories or possessions.

(b) Should any alien owning agricultural land in Arkansas cease to be a bona fide resident of the United States or one of its territories or possessions, the alien shall register as required in this chapter within two (2) years after ceasing to be a bona fide resident.

(c) Agricultural land held by a nonresident alien over two (2) years after ceasing to be a resident alien shall be subject to the proceedings set forth in §§ 2-3-106 and 2-3-107 .

Acts 1979, No. 1096, § 7; A.S.A. 1947, § 77-2207.

Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
Ark. Code Ann. § 2-20-608 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-608
Refunds to producers
Status: in_force

Any wheat producer may request and receive a refund of the amount deducted from the sale of his or her wheat if: (1) He or she makes a written application with the Secretary of the Department of Finance and Administration within forty-five (45) days from the date of sale, supported by copies of sales slips signed by the purchaser; and (2) The application is filed before the annual accounting is made of the funds not later than July 1 each year. Amended by Act 2019, No. 910,§ 3288, eff. 7/1/2019. Acts 1985, No. 283, § 3; A.S.A. 1947, § 77-2403.

Any wheat producer may request and receive a refund of the amount deducted from the sale of his or her wheat if:

(1) He or she makes a written application with the Secretary of the Department of Finance and Administration within forty-five (45) days from the date of sale, supported by copies of sales slips signed by the purchaser; and

(2) The application is filed before the annual accounting is made of the funds not later than July 1 each year.

Amended by Act 2019, No. 910,§ 3288, eff. 7/1/2019.

Acts 1985, No. 283, § 3; A.S.A. 1947, § 77-2403.
Ark. Code Ann. § 2-19-211 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-211
Use of penalties from fertilizer tonnage fees
Status: in_force

All penalties received by the Department of Agriculture for failure to pay or report fertilizer tonnage fees shall be remitted to the Board of Trustees of the University of Arkansas, to be credited to the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund in the same manner as prescribed by § 2-19-209 and to be used for the same purposes as described in § 2-19-209 . Amended by Act 2021, No. 557,§ 10, eff. 7/28/2021. Acts 1999, No. 989, § 1; 2009, No. 326, § 2.

All penalties received by the Department of Agriculture for failure to pay or report fertilizer tonnage fees shall be remitted to the Board of Trustees of the University of Arkansas, to be credited to the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund in the same manner as prescribed by § 2-19-209 and to be used for the same purposes as described in § 2-19-209 .

Amended by Act 2021, No. 557,§ 10, eff. 7/28/2021.

Acts 1999, No. 989, § 1; 2009, No. 326, § 2.
Ark. Code Ann. § 2-40-1005 — AR Code / Title 2 / Chapter 40 / Subchapter 10 / Section 2-40-1005
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 74, eff. 8/1/2017. Acts 1899, No. 45, §§ 4-6, p. 71; C. & M. Dig., §§ 381-383; Pope's Dig., §§ 405-407; A.S.A. 1947, §§ 78-514 -- 78-516.

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

Acts 1899, No. 45, §§ 4-6, p. 71; C. & M. Dig., §§ 381-383; Pope's Dig., §§ 405-407; A.S.A. 1947, §§ 78-514 -- 78-516.
Ark. Code Ann. § 2-24-114 — AR Code / Title 2 / Chapter 24 / Section 2-24-114
Rules
Status: in_force

The State Plant Board shall promulgate rules to implement and administer this chapter. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

The State Plant Board shall promulgate rules to implement and administer this chapter.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-40-804 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-804
Testing requirements for domiciled equidae
Status: in_force

(a) (1) All equidae domiciled within the State of Arkansas shall be subjected to an official equine infectious anemia test every twelve (12) months. (2) An equidae is domiciled within the state when the equidae has been pastured, stabled, housed, or kept in any fashion in the state more than thirty (30) consecutive or unconsecutive days. (3) Written proof of a negative current official equine infectious anemia test shall be made available in the form of negative results from an approved laboratory upon request made by an authorized representative of the Arkansas Livestock and Poultry Commission or the owner, lessee, or caretaker of a neighboring herd. (b) (1) Owners of horses domiciled within the state shall be responsible for maintaining a negative current official equine infectious anemia test on all horses that they own. (2) After January 1, 1998, failure to furnish proof of negative current official equine infectious anemia test to an authorized agent of the commission may result in quarantine and penalties prescribed by § 2-40-826 and § 2-40-827 [repealed]. (3) An owner of a neighboring herd, whether of single or multiple ownership, shall have the right to know if any equine within four hundred forty yards (440 yds.) are untested, exposed, or reactor animals. (c) (1) When any equidae is examined or treated by an accredited veterinarian, the owner or caretaker must present to the veterinarian written proof of a negative current official equine infectious anemia test. (2) If no official equine infectious anemia test results are available, the accredited veterinarian may draw an official sample for equine infectious anemia as part of the examination or treatment, at the owner's expense. Acts 1997, No. 1306, § 2.

(a) (1) All equidae domiciled within the State of Arkansas shall be subjected to an official equine infectious anemia test every twelve (12) months. (2) An equidae is domiciled within the state when the equidae has been pastured, stabled, housed, or kept in any fashion in the state more than thirty (30) consecutive or unconsecutive days. (3) Written proof of a negative current official equine infectious anemia test shall be made available in the form of negative results from an approved laboratory upon request made by an authorized representative of the Arkansas Livestock and Poultry Commission or the owner, lessee, or caretaker of a neighboring herd.

(1) All equidae domiciled within the State of Arkansas shall be subjected to an official equine infectious anemia test every twelve (12) months.

(2) An equidae is domiciled within the state when the equidae has been pastured, stabled, housed, or kept in any fashion in the state more than thirty (30) consecutive or unconsecutive days.

(3) Written proof of a negative current official equine infectious anemia test shall be made available in the form of negative results from an approved laboratory upon request made by an authorized representative of the Arkansas Livestock and Poultry Commission or the owner, lessee, or caretaker of a neighboring herd.

(b) (1) Owners of horses domiciled within the state shall be responsible for maintaining a negative current official equine infectious anemia test on all horses that they own. (2) After January 1, 1998, failure to furnish proof of negative current official equine infectious anemia test to an authorized agent of the commission may result in quarantine and penalties prescribed by § 2-40-826 and § 2-40-827 [repealed]. (3) An owner of a neighboring herd, whether of single or multiple ownership, shall have the right to know if any equine within four hundred forty yards (440 yds.) are untested, exposed, or reactor animals.

(1) Owners of horses domiciled within the state shall be responsible for maintaining a negative current official equine infectious anemia test on all horses that they own.

(2) After January 1, 1998, failure to furnish proof of negative current official equine infectious anemia test to an authorized agent of the commission may result in quarantine and penalties prescribed by § 2-40-826 and § 2-40-827 [repealed].

(3) An owner of a neighboring herd, whether of single or multiple ownership, shall have the right to know if any equine within four hundred forty yards (440 yds.) are untested, exposed, or reactor animals.

(c) (1) When any equidae is examined or treated by an accredited veterinarian, the owner or caretaker must present to the veterinarian written proof of a negative current official equine infectious anemia test. (2) If no official equine infectious anemia test results are available, the accredited veterinarian may draw an official sample for equine infectious anemia as part of the examination or treatment, at the owner's expense.

(1) When any equidae is examined or treated by an accredited veterinarian, the owner or caretaker must present to the veterinarian written proof of a negative current official equine infectious anemia test.

(2) If no official equine infectious anemia test results are available, the accredited veterinarian may draw an official sample for equine infectious anemia as part of the examination or treatment, at the owner's expense.

Acts 1997, No. 1306, § 2.
Ark. Code Ann. § 2-16-504 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-504
Petition to establish district
Status: in_force

(a) (1) Upon the petition of fifty (50) landowners filed with the county court or courts in which a proposed district lies, the county court or courts shall declare that a threat to the agricultural economy of the proposed district exists by reason of the uncontrolled growth of Johnson grass. (2) The county court or courts shall cause the question of whether the district shall be established and this subchapter shall be enforced in the district to be submitted to the landowners of the proposed district. (b) (1) Immediately upon the submission of the petition to the county court or courts, the court or courts shall issue a proclamation calling the election in accordance with § 7-11-201 et seq. and notify the county board or boards of election commissioners in writing. The election shall be held on a date in accordance with § 7-11-201 et seq. but in no event more than ninety (90) days following publication of the proclamation. (2) This special election shall be held for the purpose of submitting to the landowners of the proposed district the question of whether the district shall be established and the provisions of this subchapter shall be enforced in the district. Acts 1967, No. 186, § 3; 1975, No. 287, § 3; A.S.A. 1947, § 77-1703; Acts 2005, No. 2145, § 1; 2007, No. 1049, § 1; 2009, No. 1480, § 1.

(a) (1) Upon the petition of fifty (50) landowners filed with the county court or courts in which a proposed district lies, the county court or courts shall declare that a threat to the agricultural economy of the proposed district exists by reason of the uncontrolled growth of Johnson grass. (2) The county court or courts shall cause the question of whether the district shall be established and this subchapter shall be enforced in the district to be submitted to the landowners of the proposed district.

(1) Upon the petition of fifty (50) landowners filed with the county court or courts in which a proposed district lies, the county court or courts shall declare that a threat to the agricultural economy of the proposed district exists by reason of the uncontrolled growth of Johnson grass.

(2) The county court or courts shall cause the question of whether the district shall be established and this subchapter shall be enforced in the district to be submitted to the landowners of the proposed district.

(b) (1) Immediately upon the submission of the petition to the county court or courts, the court or courts shall issue a proclamation calling the election in accordance with § 7-11-201 et seq. and notify the county board or boards of election commissioners in writing. The election shall be held on a date in accordance with § 7-11-201 et seq. but in no event more than ninety (90) days following publication of the proclamation. (2) This special election shall be held for the purpose of submitting to the landowners of the proposed district the question of whether the district shall be established and the provisions of this subchapter shall be enforced in the district.

(1) Immediately upon the submission of the petition to the county court or courts, the court or courts shall issue a proclamation calling the election in accordance with § 7-11-201 et seq. and notify the county board or boards of election commissioners in writing. The election shall be held on a date in accordance with § 7-11-201 et seq. but in no event more than ninety (90) days following publication of the proclamation.

(2) This special election shall be held for the purpose of submitting to the landowners of the proposed district the question of whether the district shall be established and the provisions of this subchapter shall be enforced in the district.

Acts 1967, No. 186, § 3; 1975, No. 287, § 3; A.S.A. 1947, § 77-1703; Acts 2005, No. 2145, § 1; 2007, No. 1049, § 1; 2009, No. 1480, § 1.
Ark. Code Ann. § 2-33-207 — AR Code / Title 2 / Chapter 33 / Subchapter 2 / Section 2-33-207
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017. Acts 1963, No. 450, § 6; A.S.A. 1947, § 78-313.

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

Acts 1963, No. 450, § 6; A.S.A. 1947, § 78-313.
Ark. Code Ann. § 2-21-108 — AR Code / Title 2 / Chapter 21 / Section 2-21-108
License fees
Status: in_force

(a) No license shall be issued until the applicant shall have qualified and paid the required fee. (b) (1) The annual license fee shall be ten dollars ($10.00) for either a nurseryman or dealer in nursery stock and ten dollars ($10.00) for each agent, salesman, or solicitor. (2) Fees for nursery inspections under the Arkansas Plant Act of 1917, § 2-16-201 et seq., shall also cover the license fees for nurserymen required under this chapter but shall not be construed to cover the license fees for dealers, agents, salesmen, or solicitors. Acts 1919, No. 683, § 4; C. & M. Dig., § 8005; Acts 1937, No. 203, § 1; Pope's Dig., § 12329; Acts 1963, No. 118, § 1; A.S.A. 1947, § 77-403.

(a) No license shall be issued until the applicant shall have qualified and paid the required fee.

(b) (1) The annual license fee shall be ten dollars ($10.00) for either a nurseryman or dealer in nursery stock and ten dollars ($10.00) for each agent, salesman, or solicitor. (2) Fees for nursery inspections under the Arkansas Plant Act of 1917, § 2-16-201 et seq., shall also cover the license fees for nurserymen required under this chapter but shall not be construed to cover the license fees for dealers, agents, salesmen, or solicitors.

(1) The annual license fee shall be ten dollars ($10.00) for either a nurseryman or dealer in nursery stock and ten dollars ($10.00) for each agent, salesman, or solicitor.

(2) Fees for nursery inspections under the Arkansas Plant Act of 1917, § 2-16-201 et seq., shall also cover the license fees for nurserymen required under this chapter but shall not be construed to cover the license fees for dealers, agents, salesmen, or solicitors.

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. § 2-19-411 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-411
Prohibited acts
Status: in_force

It shall be a violation of this subchapter for any person to: (1) Distribute a soil amendment that is not registered with the State Plant Board; (2) Distribute a soil amendment that is not labeled; (3) Distribute a soil amendment that is misbranded; (4) Distribute a soil amendment that is adulterated; (5) Fail to comply with a stop-sale, use, or removal order; or (6) Fail to pay the inspection fee. Acts 1977, No. 377, § 8; A.S.A. 1947, § 77-2108.

It shall be a violation of this subchapter for any person to:

(1) Distribute a soil amendment that is not registered with the State Plant Board;

(2) Distribute a soil amendment that is not labeled;

(3) Distribute a soil amendment that is misbranded;

(4) Distribute a soil amendment that is adulterated;

(5) Fail to comply with a stop-sale, use, or removal order; or

(6) Fail to pay the inspection fee.

Acts 1977, No. 377, § 8; A.S.A. 1947, § 77-2108.
Ark. Code Ann. § 2-16-616 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-616
Subsequent referenda
Status: in_force

(a) In the event any referendum conducted under this subchapter fails to receive the required number of affirmative votes, the certified organization may call other referenda, with the consent of the State Plant Board. (b) (1) After the passage of any referendum, the eligible voters shall be allowed by subsequent referenda to be held upon recommendation of the certified cotton growers' organization to vote on whether to eliminate or modify the program. (2) Upon petition by one-third (1/3) of the cotton growers within a designated region established under § 2-16-614 , the certified cotton growers' organization shall be required to conduct a subsequent referendum on whether to eliminate or modify the program, provided that the certified cotton growers' organization is required to hold no more than one (1) petitioned referendum for each designated region during any given calendar year. (3) Passage of the question called in the subsequent referendum requires that a two-thirds (2/3) majority of those voting approve the subsequent referendum. (4) All the requirements for an initial referendum must be met in subsequent referenda. (c) If an approved eradication program is discontinued for any reason, or the certified cotton growers' organization is abolished or loses its certification for any reason, assessments approved, levied, or otherwise collectible under this subchapter on the date of the event remain valid as necessary to pay the financial obligations of the certified cotton growers' organization. Acts 1991, No. 710, § 16; 1993, No. 854, § 5; 1997, No. 330, § 8.

(a) In the event any referendum conducted under this subchapter fails to receive the required number of affirmative votes, the certified organization may call other referenda, with the consent of the State Plant Board.

(b) (1) After the passage of any referendum, the eligible voters shall be allowed by subsequent referenda to be held upon recommendation of the certified cotton growers' organization to vote on whether to eliminate or modify the program. (2) Upon petition by one-third (1/3) of the cotton growers within a designated region established under § 2-16-614 , the certified cotton growers' organization shall be required to conduct a subsequent referendum on whether to eliminate or modify the program, provided that the certified cotton growers' organization is required to hold no more than one (1) petitioned referendum for each designated region during any given calendar year. (3) Passage of the question called in the subsequent referendum requires that a two-thirds (2/3) majority of those voting approve the subsequent referendum. (4) All the requirements for an initial referendum must be met in subsequent referenda.

(1) After the passage of any referendum, the eligible voters shall be allowed by subsequent referenda to be held upon recommendation of the certified cotton growers' organization to vote on whether to eliminate or modify the program.

(2) Upon petition by one-third (1/3) of the cotton growers within a designated region established under § 2-16-614 , the certified cotton growers' organization shall be required to conduct a subsequent referendum on whether to eliminate or modify the program, provided that the certified cotton growers' organization is required to hold no more than one (1) petitioned referendum for each designated region during any given calendar year.

(3) Passage of the question called in the subsequent referendum requires that a two-thirds (2/3) majority of those voting approve the subsequent referendum.

(4) All the requirements for an initial referendum must be met in subsequent referenda.

(c) If an approved eradication program is discontinued for any reason, or the certified cotton growers' organization is abolished or loses its certification for any reason, assessments approved, levied, or otherwise collectible under this subchapter on the date of the event remain valid as necessary to pay the financial obligations of the certified cotton growers' organization.

Acts 1991, No. 710, § 16; 1993, No. 854, § 5; 1997, No. 330, § 8.
Ark. Code Ann. § 2-11-101 — AR Code / Title 2 / Chapter 11 / Section 2-11-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Agritourism Act". Acts 2011, No. 1024, § 1.

This chapter shall be known and may be cited as the "Agritourism Act".

Acts 2011, No. 1024, § 1.
Ark. Code Ann. § 2-9-102 — AR Code / Title 2 / Chapter 9 / Section 2-9-102
Definitions
Status: in_force

As used in this chapter: (1) "Catfish industry" means any person or entity involved in rearing, processing, or selling of pond-raised catfish for potential profit, including any person, group, or company involved in a support industry; (2) "Commercial catfish producer" means any person or entity involved in rearing catfish for potential profit; (3) "Feed seller", "seller", or "feed dealer" means any person or entity that sells feed to a commercial catfish producer; and (4) "Processor" means any person, group, or entity that purchases catfish from a commercial producer for the purpose of redistribution. Acts 1999, No. 790, § 2.

As used in this chapter:

(1) "Catfish industry" means any person or entity involved in rearing, processing, or selling of pond-raised catfish for potential profit, including any person, group, or company involved in a support industry;

(2) "Commercial catfish producer" means any person or entity involved in rearing catfish for potential profit;

(3) "Feed seller", "seller", or "feed dealer" means any person or entity that sells feed to a commercial catfish producer; and

(4) "Processor" means any person, group, or entity that purchases catfish from a commercial producer for the purpose of redistribution.

Acts 1999, No. 790, § 2.
Ark. Code Ann. § 2-40-503 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-503
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 58, eff. 8/1/2017. Acts 1981, No. 271, § 7; A.S.A. 1947, § 78-467.

Repealed by Act 2017, No. 1011,§ 58, eff. 8/1/2017.

Acts 1981, No. 271, § 7; A.S.A. 1947, § 78-467.
Ark. Code Ann. § 2-38-503 — AR Code / Title 2 / Chapter 38 / Subchapter 5 / Section 2-38-503
Animal health requirements
Status: in_force

A feral hog shall be subject to animal health requirements established by the Arkansas Livestock and Poultry Commission. Acts 1999, No. 457, § 5.

A feral hog shall be subject to animal health requirements established by the Arkansas Livestock and Poultry Commission.

Acts 1999, No. 457, § 5.
Ark. Code Ann. § 2-38-109 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-109
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 1, eff. 8/1/2023. Acts 1843, § 38, p. 130; 1901, No. 204, § 1, p. 370; C. & M. Dig., § 280; Pope's Dig., § 294; A.S.A. 1947, § 78-1112.

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

Acts 1843, § 38, p. 130; 1901, No. 204, § 1, p. 370; C. & M. Dig., § 280; Pope's Dig., § 294; A.S.A. 1947, § 78-1112.
Ark. Code Ann. § 2-35-208 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-208
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, §§ 4, 9; Pope's Dig., §§ 3231, 3236; A.S.A. 1947, §§ 78-904, 78-909.

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

Acts 1937, No. 206, §§ 4, 9; Pope's Dig., §§ 3231, 3236; A.S.A. 1947, §§ 78-904, 78-909.
Ark. Code Ann. § 2-16-606 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-606
Cooperative programs authorized
Status: in_force

(a) The Department of Agriculture is hereby authorized to carry out programs to suppress or eradicate the boll weevil in this state. (b) The department is authorized to cooperate with any agency of the United States Government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, or handling cotton, or any group of such persons in this state, in programs to effectuate the purposes of this subchapter and may enter into written agreements to effectuate such purposes. Such agreements may provide for cost sharing and for division of duties and responsibilities under this subchapter and may include other provisions generally to effectuate the purposes of this subchapter. Amended by Act 2023, No. 691,§ 22, eff. 7/1/2023. Acts 1991, No. 710, § 4.

(a) The Department of Agriculture is hereby authorized to carry out programs to suppress or eradicate the boll weevil in this state.

(b) The department is authorized to cooperate with any agency of the United States Government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, or handling cotton, or any group of such persons in this state, in programs to effectuate the purposes of this subchapter and may enter into written agreements to effectuate such purposes. Such agreements may provide for cost sharing and for division of duties and responsibilities under this subchapter and may include other provisions generally to effectuate the purposes of this subchapter.

Amended by Act 2023, No. 691,§ 22, eff. 7/1/2023.

Acts 1991, No. 710, § 4.
Ark. Code Ann. § 2-23-106 — AR Code / Title 2 / Chapter 23 / Section 2-23-106
Informal hearing
Status: in_force

If the Secretary of the Department of Agriculture determines that an informal hearing should be conducted to allow each party an opportunity to present his or her respective side of the dispute, attorneys may be present at the hearing to confer with their clients, but may not participate directly in the proceedings unless requested to do so by the secretary or his or her designee. Amended by Act 2023, No. 691,§ 39, eff. 7/1/2023. Acts 1991, No. 1024, § 2.

If the Secretary of the Department of Agriculture determines that an informal hearing should be conducted to allow each party an opportunity to present his or her respective side of the dispute, attorneys may be present at the hearing to confer with their clients, but may not participate directly in the proceedings unless requested to do so by the secretary or his or her designee.

Amended by Act 2023, No. 691,§ 39, eff. 7/1/2023.

Acts 1991, No. 1024, § 2.
Ark. Code Ann. § 2-37-104 — AR Code / Title 2 / Chapter 37 / Section 2-37-104
Registration and licensing
Status: in_force

(a) (1) Any person: (A) Who manufactures a commercial feed within this state; (B) Who distributes a commercial feed in or into the state; or (C) Whose name appears on the label of a commercial feed as guarantor, shall obtain a license for each facility which distributes in or into the state authorizing him or her to manufacture or distribute commercial feed before he or she engages in such activity. (2) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under this chapter is not required to obtain a license. (b) (1) A person who is required to obtain a license shall submit an application on a form provided or approved by the State Plant Board accompanied by a license fee of ten dollars ($10.00) paid to the board for each facility. The board shall remit such license fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund for the sole use of the board. (2) A license shall expire on the last day of December of the year for which it is issued; provided that any license shall be valid through ninety (90) days of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder thereof has filed a renewal application with the board on or before December 31st of the year for which the current license was issued. (3) A new applicant who fails to obtain a license within fifteen (15) working days after notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a thirty-dollars late fee in addition to the license fee. (c) The form and content of the commercial feed license application shall be established by rules adopted by the board. (d) The board may, at any time, request from a license applicant or licensee copies of labels and labeling in order to determine compliance with the provisions of this chapter. (e) (1) The board is empowered to refuse to issue a license to any person not in compliance with the provisions of this chapter. (2) The board may suspend or revoke any license issued to any person found not in compliance with any provision of this chapter. (3) The board may place conditions that limit production or distribution of a particular commercial feed on the license of any person found not to be in compliance with this chapter. (4) No license shall be conditioned, suspended, refused or revoked unless the applicant or licensee shall first be given an opportunity to be heard before the board in order to comply with the requirements of this chapter. (f) In order to be exempt from the provisions of this chapter, integrated operators, as defined in § 2-37-103 , shall submit an application for exemption on a form provided or approved by the board accompanied by an application fee of ten dollars ($10.00) for each facility. The board shall remit such application fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund to be used solely by the board. (g) A grower's production of unmanipulated poultry litter is exempt from the provisions of this chapter. Acts 1997, No. 726, § 4.

(a) (1) Any person: (A) Who manufactures a commercial feed within this state; (B) Who distributes a commercial feed in or into the state; or (C) Whose name appears on the label of a commercial feed as guarantor, shall obtain a license for each facility which distributes in or into the state authorizing him or her to manufacture or distribute commercial feed before he or she engages in such activity. (2) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under this chapter is not required to obtain a license.

(1) Any person: (A) Who manufactures a commercial feed within this state; (B) Who distributes a commercial feed in or into the state; or (C) Whose name appears on the label of a commercial feed as guarantor, shall obtain a license for each facility which distributes in or into the state authorizing him or her to manufacture or distribute commercial feed before he or she engages in such activity.

(A) Who manufactures a commercial feed within this state;

(B) Who distributes a commercial feed in or into the state; or

(C) Whose name appears on the label of a commercial feed as guarantor, shall obtain a license for each facility which distributes in or into the state authorizing him or her to manufacture or distribute commercial feed before he or she engages in such activity.

shall obtain a license for each facility which distributes in or into the state authorizing him or her to manufacture or distribute commercial feed before he or she engages in such activity.

(2) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under this chapter is not required to obtain a license.

(b) (1) A person who is required to obtain a license shall submit an application on a form provided or approved by the State Plant Board accompanied by a license fee of ten dollars ($10.00) paid to the board for each facility. The board shall remit such license fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund for the sole use of the board. (2) A license shall expire on the last day of December of the year for which it is issued; provided that any license shall be valid through ninety (90) days of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder thereof has filed a renewal application with the board on or before December 31st of the year for which the current license was issued. (3) A new applicant who fails to obtain a license within fifteen (15) working days after notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a thirty-dollars late fee in addition to the license fee.

(1) A person who is required to obtain a license shall submit an application on a form provided or approved by the State Plant Board accompanied by a license fee of ten dollars ($10.00) paid to the board for each facility. The board shall remit such license fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund for the sole use of the board.

(2) A license shall expire on the last day of December of the year for which it is issued; provided that any license shall be valid through ninety (90) days of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder thereof has filed a renewal application with the board on or before December 31st of the year for which the current license was issued.

(3) A new applicant who fails to obtain a license within fifteen (15) working days after notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a thirty-dollars late fee in addition to the license fee.

(c) The form and content of the commercial feed license application shall be established by rules adopted by the board.

(d) The board may, at any time, request from a license applicant or licensee copies of labels and labeling in order to determine compliance with the provisions of this chapter.

(e) (1) The board is empowered to refuse to issue a license to any person not in compliance with the provisions of this chapter. (2) The board may suspend or revoke any license issued to any person found not in compliance with any provision of this chapter. (3) The board may place conditions that limit production or distribution of a particular commercial feed on the license of any person found not to be in compliance with this chapter. (4) No license shall be conditioned, suspended, refused or revoked unless the applicant or licensee shall first be given an opportunity to be heard before the board in order to comply with the requirements of this chapter.

(1) The board is empowered to refuse to issue a license to any person not in compliance with the provisions of this chapter.

(2) The board may suspend or revoke any license issued to any person found not in compliance with any provision of this chapter.

(3) The board may place conditions that limit production or distribution of a particular commercial feed on the license of any person found not to be in compliance with this chapter.

(4) No license shall be conditioned, suspended, refused or revoked unless the applicant or licensee shall first be given an opportunity to be heard before the board in order to comply with the requirements of this chapter.

(f) In order to be exempt from the provisions of this chapter, integrated operators, as defined in § 2-37-103 , shall submit an application for exemption on a form provided or approved by the board accompanied by an application fee of ten dollars ($10.00) for each facility. The board shall remit such application fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund to be used solely by the board.

(g) A grower's production of unmanipulated poultry litter is exempt from the provisions of this chapter.

Acts 1997, No. 726, § 4.
Ark. Code Ann. § 2-40-1303 — AR Code / Title 2 / Chapter 40 / Subchapter 13 / Section 2-40-1303
Violation
Status: in_force

A person who violates this subchapter shall be subject to an administrative penalty. Amended by Act 2017, No. 1011,§ 76, eff. 8/1/2017. Acts 1993, No. 522, § 2.

A person who violates this subchapter shall be subject to an administrative penalty.

Amended by Act 2017, No. 1011,§ 76, eff. 8/1/2017.

Acts 1993, No. 522, § 2.
Ark. Code Ann. § 2-17-301 — AR Code / Title 2 / Chapter 17 / Subchapter 3 / Section 2-17-301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Grain" means rice, soybeans, wheat, corn, rye, oats, barley, flaxseed, sorghum, mixed grain, and other food grains, feed grains, and oil seeds; (2) "Owner" means the farmer who grows and produces grain and includes the owner of the land from which the grain is produced to the extent that he or she has an interest in the grain, and includes persons, firms, and corporations engaged in the growing and producing of grain whether it be as tenant, renter, landowner, or otherwise; and (3) "Public grain warehouseman" means any person, firm, or corporation who operates any building, structure, or other protected enclosure used for the purpose of storing grain for a consideration. Acts 1981, No. 401, § 1; A.S.A. 1947, § 77-1339.

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

(1) "Grain" means rice, soybeans, wheat, corn, rye, oats, barley, flaxseed, sorghum, mixed grain, and other food grains, feed grains, and oil seeds;

(2) "Owner" means the farmer who grows and produces grain and includes the owner of the land from which the grain is produced to the extent that he or she has an interest in the grain, and includes persons, firms, and corporations engaged in the growing and producing of grain whether it be as tenant, renter, landowner, or otherwise; and

(3) "Public grain warehouseman" means any person, firm, or corporation who operates any building, structure, or other protected enclosure used for the purpose of storing grain for a consideration.

Acts 1981, No. 401, § 1; A.S.A. 1947, § 77-1339.
Ark. Code Ann. § 2-40-1004 — AR Code / Title 2 / Chapter 40 / Subchapter 10 / Section 2-40-1004
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 74, eff. 8/1/2017. Acts 1899, No. 45, § 3, p. 71; 1907, No. 409, § 11, p. 1043; C. & M. Dig., §§ 358, 380; Pope's Dig., §§ 383, 404; A.S.A. 1947, §§ 78-508, 78-509; Acts 2005, No. 1994, § 27.

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

Acts 1899, No. 45, § 3, p. 71; 1907, No. 409, § 11, p. 1043; C. & M. Dig., §§ 358, 380; Pope's Dig., §§ 383, 404; A.S.A. 1947, §§ 78-508, 78-509; Acts 2005, No. 1994, § 27.
Ark. Code Ann. § 2-24-110 — AR Code / Title 2 / Chapter 24 / Section 2-24-110
Receivership
Status: in_force

(a) Following the suspension of a dealer's license under this chapter, the State Plant Board may file a verified petition in a court of competent jurisdiction requesting the appointment of a receiver to take custody of the assets of the dealer and provide for the disposition of the assets under the supervision of the court. (b) A petition for the appointment of a receiver shall be filed in the county in which the dealer is located. (c) Upon receiving a petition for the appointment of a receiver under this section, a court may issue any temporary orders necessary to preserve or protect the assets in receivership, the value of the assets in receivership, and the rights of the dealer's creditors until a plan of disposition is approved. (d) The board may be appointed as receiver in an action brought under this section. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) Following the suspension of a dealer's license under this chapter, the State Plant Board may file a verified petition in a court of competent jurisdiction requesting the appointment of a receiver to take custody of the assets of the dealer and provide for the disposition of the assets under the supervision of the court.

(b) A petition for the appointment of a receiver shall be filed in the county in which the dealer is located.

(c) Upon receiving a petition for the appointment of a receiver under this section, a court may issue any temporary orders necessary to preserve or protect the assets in receivership, the value of the assets in receivership, and the rights of the dealer's creditors until a plan of disposition is approved.

(d) The board may be appointed as receiver in an action brought under this section.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-17-210 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-210
Amount of bond
Status: in_force

(a) (1) The amount of bond to be furnished for each public grain warehouse shall be fixed at a rate of: (A) Twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity; (B) Fifteen cents (15¢) per bushel for the next one million (1,000,000) bushels of licensed capacity; and (C) Ten cents (10¢) per bushel for all licensed capacity over two million (2,000,000) bushels. (2) In no case shall the amount of the bond be less than twenty thousand dollars ($20,000), except as prescribed in subsections (c) and (d) of this section. (3) The licensed capacity shall be equal to the maximum number of bushels of grain that the public grain warehouse can accommodate for storage. (b) (1) (A) A public grain warehouseman who is licensed or is applying for licenses to operate two (2) or more public grain warehouses may furnish a single bond. This bond shall meet the requirements of this subchapter to cover all public grain warehouses within the state. (B) In these cases, all public grain warehouses to be covered by the bond shall be deemed to be one (1) warehouse for purposes of determining the amount of bond required under subsection (a) of this section. (2) The aggregate licensed capacity of all the warehouses shall be used in determining the amount of the bond. (c) (1) Any deficiency in the net assets required by § 2-17-217 shall be supplied by an increase in the amount of the warehouseman's bond. (2) In any other case in which the Public Grain Warehouse Commissioner finds that conditions exist which warrant requiring additional bond, there shall be added to the amount of the bond such further amount as determined to be reasonable by the commissioner. (d) (1) The commissioner may make exceptions to the bonding requirements of this section for good cause shown upon a finding that the requirements would substantially impair the warehouseman's ability to continue operations as a public grain warehouse and that the exception will not materially affect the protection of storage receipt holders under this subchapter. (2) The exceptions must be reviewed at least annually. Acts 1979, No. 83, § 16; A.S.A. 1947, § 77-1316.

(a) (1) The amount of bond to be furnished for each public grain warehouse shall be fixed at a rate of: (A) Twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity; (B) Fifteen cents (15¢) per bushel for the next one million (1,000,000) bushels of licensed capacity; and (C) Ten cents (10¢) per bushel for all licensed capacity over two million (2,000,000) bushels. (2) In no case shall the amount of the bond be less than twenty thousand dollars ($20,000), except as prescribed in subsections (c) and (d) of this section. (3) The licensed capacity shall be equal to the maximum number of bushels of grain that the public grain warehouse can accommodate for storage.

(1) The amount of bond to be furnished for each public grain warehouse shall be fixed at a rate of: (A) Twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity; (B) Fifteen cents (15¢) per bushel for the next one million (1,000,000) bushels of licensed capacity; and (C) Ten cents (10¢) per bushel for all licensed capacity over two million (2,000,000) bushels.

(A) Twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity;

(B) Fifteen cents (15¢) per bushel for the next one million (1,000,000) bushels of licensed capacity; and

(C) Ten cents (10¢) per bushel for all licensed capacity over two million (2,000,000) bushels.

(2) In no case shall the amount of the bond be less than twenty thousand dollars ($20,000), except as prescribed in subsections (c) and (d) of this section.

(3) The licensed capacity shall be equal to the maximum number of bushels of grain that the public grain warehouse can accommodate for storage.

(b) (1) (A) A public grain warehouseman who is licensed or is applying for licenses to operate two (2) or more public grain warehouses may furnish a single bond. This bond shall meet the requirements of this subchapter to cover all public grain warehouses within the state. (B) In these cases, all public grain warehouses to be covered by the bond shall be deemed to be one (1) warehouse for purposes of determining the amount of bond required under subsection (a) of this section. (2) The aggregate licensed capacity of all the warehouses shall be used in determining the amount of the bond.

(1) (A) A public grain warehouseman who is licensed or is applying for licenses to operate two (2) or more public grain warehouses may furnish a single bond. This bond shall meet the requirements of this subchapter to cover all public grain warehouses within the state. (B) In these cases, all public grain warehouses to be covered by the bond shall be deemed to be one (1) warehouse for purposes of determining the amount of bond required under subsection (a) of this section.

(A) A public grain warehouseman who is licensed or is applying for licenses to operate two (2) or more public grain warehouses may furnish a single bond. This bond shall meet the requirements of this subchapter to cover all public grain warehouses within the state.

(B) In these cases, all public grain warehouses to be covered by the bond shall be deemed to be one (1) warehouse for purposes of determining the amount of bond required under subsection (a) of this section.

(2) The aggregate licensed capacity of all the warehouses shall be used in determining the amount of the bond.

(c) (1) Any deficiency in the net assets required by § 2-17-217 shall be supplied by an increase in the amount of the warehouseman's bond. (2) In any other case in which the Public Grain Warehouse Commissioner finds that conditions exist which warrant requiring additional bond, there shall be added to the amount of the bond such further amount as determined to be reasonable by the commissioner.

(1) Any deficiency in the net assets required by § 2-17-217 shall be supplied by an increase in the amount of the warehouseman's bond.

(2) In any other case in which the Public Grain Warehouse Commissioner finds that conditions exist which warrant requiring additional bond, there shall be added to the amount of the bond such further amount as determined to be reasonable by the commissioner.

(d) (1) The commissioner may make exceptions to the bonding requirements of this section for good cause shown upon a finding that the requirements would substantially impair the warehouseman's ability to continue operations as a public grain warehouse and that the exception will not materially affect the protection of storage receipt holders under this subchapter. (2) The exceptions must be reviewed at least annually.

(1) The commissioner may make exceptions to the bonding requirements of this section for good cause shown upon a finding that the requirements would substantially impair the warehouseman's ability to continue operations as a public grain warehouse and that the exception will not materially affect the protection of storage receipt holders under this subchapter.

(2) The exceptions must be reviewed at least annually.

Acts 1979, No. 83, § 16; A.S.A. 1947, § 77-1316.
Ark. Code Ann. § 2-16-503 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-503
Penalty
Status: in_force

(a) Any landowner or any person having control of any land in a Johnson grass control and eradication district who fails or refuses to control or eradicate Johnson grass on his or her lands shall be guilty of a violation. (b) (1) Upon conviction, an offender shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for each violation. (2) Each day a violation shall exist or continue shall constitute a separate offense. Acts 1967, No. 186, § 8; 1975, No. 287, § 8; A.S.A. 1947, § 77-1708; Acts 2005, No. 1994, § 9.

(a) Any landowner or any person having control of any land in a Johnson grass control and eradication district who fails or refuses to control or eradicate Johnson grass on his or her lands shall be guilty of a violation.

(b) (1) Upon conviction, an offender shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for each violation. (2) Each day a violation shall exist or continue shall constitute a separate offense.

(1) Upon conviction, an offender shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for each violation.

(2) Each day a violation shall exist or continue shall constitute a separate offense.

Acts 1967, No. 186, § 8; 1975, No. 287, § 8; A.S.A. 1947, § 77-1708; Acts 2005, No. 1994, § 9.
Ark. Code Ann. § 2-40-905 — AR Code / Title 2 / Chapter 40 / Subchapter 9 / Section 2-40-905
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 73, eff. 8/1/2017. Acts 1951, No. 396, § 2; A.S.A. 1947, § 78-420.

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

Acts 1951, No. 396, § 2; A.S.A. 1947, § 78-420.
Ark. Code Ann. § 2-20-703 — AR Code / Title 2 / Chapter 20 / Subchapter 7 / Section 2-20-703
Research program
Status: in_force

The State Plant Board shall cause to be initiated and maintained such continuing research program concerning ginseng in Arkansas as it may deem necessary or appropriate to promote and assure the continued health and survival of wild American ginseng in the state. Acts 1985, No. 774, § 3; A.S.A. 1947, § 77-142.

The State Plant Board shall cause to be initiated and maintained such continuing research program concerning ginseng in Arkansas as it may deem necessary or appropriate to promote and assure the continued health and survival of wild American ginseng in the state.

Acts 1985, No. 774, § 3; A.S.A. 1947, § 77-142.
Ark. Code Ann. § 2-16-304 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-304
Penalties - Prosecution
Status: in_force

(a) Any person who shall violate any provision of this subchapter or who shall interfere with any member of the State Plant Board or any inspector or employee while engaged in the performance of his or her duties under this subchapter shall be guilty of a Class A misdemeanor. (b) (1) Upon information furnished by the board, it shall be the duty of the Attorney General or the prosecuting attorney of the district in which an alleged violation of any provision of this subchapter may occur to enforce the provisions of this subchapter by proceedings in any court of competent jurisdiction. (2) If the remedy elected to be pursued is by writ of injunction, no court of this state shall have the right to set aside or stay the writ of injunction before a hearing upon the merits. Acts 1921, No. 519, § 8; Pope's Dig., § 12364; A.S.A. 1947, § 77-124; Acts 2005, No. 1994, § 331.

(a) Any person who shall violate any provision of this subchapter or who shall interfere with any member of the State Plant Board or any inspector or employee while engaged in the performance of his or her duties under this subchapter shall be guilty of a Class A misdemeanor.

(b) (1) Upon information furnished by the board, it shall be the duty of the Attorney General or the prosecuting attorney of the district in which an alleged violation of any provision of this subchapter may occur to enforce the provisions of this subchapter by proceedings in any court of competent jurisdiction. (2) If the remedy elected to be pursued is by writ of injunction, no court of this state shall have the right to set aside or stay the writ of injunction before a hearing upon the merits.

(1) Upon information furnished by the board, it shall be the duty of the Attorney General or the prosecuting attorney of the district in which an alleged violation of any provision of this subchapter may occur to enforce the provisions of this subchapter by proceedings in any court of competent jurisdiction.

(2) If the remedy elected to be pursued is by writ of injunction, no court of this state shall have the right to set aside or stay the writ of injunction before a hearing upon the merits.

Acts 1921, No. 519, § 8; Pope's Dig., § 12364; A.S.A. 1947, § 77-124; Acts 2005, No. 1994, § 331.
Ark. Code Ann. § 2-20-107 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-107
Container standards
Status: in_force

When any standard for a container for an agricultural product becomes effective under this subchapter, then no person shall manufacture for commerce within the jurisdiction of this state or sell, ship, or offer for sale in commerce any container, either filled or unfilled, to which that standard is applicable when the container does not comply with the standard, subject to such tolerance as may be permitted under this subchapter. Acts 1925, No. 218, § 14; Pope's Dig., § 12396; A.S.A. 1947, § 77-513.

When any standard for a container for an agricultural product becomes effective under this subchapter, then no person shall manufacture for commerce within the jurisdiction of this state or sell, ship, or offer for sale in commerce any container, either filled or unfilled, to which that standard is applicable when the container does not comply with the standard, subject to such tolerance as may be permitted under this subchapter.

Acts 1925, No. 218, § 14; Pope's Dig., § 12396; A.S.A. 1947, § 77-513.
Ark. Code Ann. § 2-17-410 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-410
Time for filing claims
Status: in_force

(a) When appointed as receiver under this subchapter, the Public Grain Warehouse Commissioner is authorized to give notice in the manner specified by the court to persons holding warehouse receipts or unpriced scale tickets issued by the licensee to file their claims within sixty (60) days after the date of appointment. (b) Failure to file a timely claim shall defeat the claim with respect to the surety bond and any grain or proceeds from the sale of grain, except to the extent of any excess remaining after all timely claims are paid in full. Acts 1983, No. 342, § 10; A.S.A. 1947, § 77-1352.

(a) When appointed as receiver under this subchapter, the Public Grain Warehouse Commissioner is authorized to give notice in the manner specified by the court to persons holding warehouse receipts or unpriced scale tickets issued by the licensee to file their claims within sixty (60) days after the date of appointment.

(b) Failure to file a timely claim shall defeat the claim with respect to the surety bond and any grain or proceeds from the sale of grain, except to the extent of any excess remaining after all timely claims are paid in full.

Acts 1983, No. 342, § 10; A.S.A. 1947, § 77-1352.
Ark. Code Ann. § 2-40-501 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-501
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 56, eff. 8/1/2017. Acts 1981, No. 271, § 10; A.S.A. 1947, § 78-470.

Repealed by Act 2017, No. 1011,§ 56, eff. 8/1/2017.

Acts 1981, No. 271, § 10; A.S.A. 1947, § 78-470.
Ark. Code Ann. § 2-40-507 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-507
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 62, eff. 8/1/2017. Acts 1981, No. 770, § 23; A.S.A. 1947, § 78-461.1.

Repealed by Act 2017, No. 1011,§ 62, eff. 8/1/2017.

Acts 1981, No. 770, § 23; A.S.A. 1947, § 78-461.1.
Ark. Code Ann. § 2-17-401 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-401
Definitions
Status: in_force

(a) As used in this subchapter, unless the context otherwise requires: (1) "Commissioner" means the Public Grain Warehouse Commissioner, who shall be the Director of the State Plant Board or his or her designated representative; (2) "License" means a license issued under § 2-17-201 et seq.; and (3) "Warehouse" means a public grain warehouse licensed under § 2-17-201 et seq. (b) All other terms in this subchapter shall have the same meaning as the same terms used in the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq. Acts 1983, No. 342, § 1; A.S.A. 1947, § 77-1343.

(a) As used in this subchapter, unless the context otherwise requires: (1) "Commissioner" means the Public Grain Warehouse Commissioner, who shall be the Director of the State Plant Board or his or her designated representative; (2) "License" means a license issued under § 2-17-201 et seq.; and (3) "Warehouse" means a public grain warehouse licensed under § 2-17-201 et seq.

(1) "Commissioner" means the Public Grain Warehouse Commissioner, who shall be the Director of the State Plant Board or his or her designated representative;

(2) "License" means a license issued under § 2-17-201 et seq.; and

(3) "Warehouse" means a public grain warehouse licensed under § 2-17-201 et seq.

(b) All other terms in this subchapter shall have the same meaning as the same terms used in the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.

Acts 1983, No. 342, § 1; A.S.A. 1947, § 77-1343.
Ark. Code Ann. § 2-11-105 — AR Code / Title 2 / Chapter 11 / Section 2-11-105
Liability of agritourism activity operator
Status: in_force

This chapter shall not prevent or limit the liability of an agritourism activity operator if the agritourism activity operator or an agent of the agritourism activity operator: (1) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant; (2) Has actual knowledge of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in the activity that proximately causes injury, damage, or death to the participant and does not make the danger known to the participant that proximately causes injury, damage, or death to the participant; (3) Intentionally injures a participant; or (4) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death. Acts 2011, No. 1024, § 1.

This chapter shall not prevent or limit the liability of an agritourism activity operator if the agritourism activity operator or an agent of the agritourism activity operator:

(1) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant;

(2) Has actual knowledge of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in the activity that proximately causes injury, damage, or death to the participant and does not make the danger known to the participant that proximately causes injury, damage, or death to the participant;

(3) Intentionally injures a participant; or

(4) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.

Acts 2011, No. 1024, § 1.
Ark. Code Ann. § 2-40-210 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-210
Control and eradication of brucellosis
Status: in_force

(a) (1) Any bovine herd infected with or directly exposed to brucellosis shall be depopulated at the discretion of and subject to the rules of the Arkansas Livestock and Poultry Commission. (2) The herd or herds shall be identified and destroyed within thirty (30) days of written order to the owner or owners. (3) (A) The owners will be notified by delivery of the order or by certified mail. (B) One (1) extension of thirty (30) days, if presented in writing to the commission, will be considered in extenuating circumstances. (b) The commission shall adopt appropriate rules concerning depopulation, negotiation, and hearing procedures. (c) (1) The State Veterinarian or his or her designated representative will negotiate with the owner through the use of available federal and state funds to depopulate brucellosis-infected or exposed bovine herds. (2) If the State Veterinarian and the herd owner are unable to arrive at an agreement to depopulate infected or exposed bovine herds, the commission, on advice of the State Veterinarian and in public meeting, is authorized to issue a written order to depopulate a herd and to provide indemnification to the herd owner at the current established per-head rate, with such indemnification to be paid from federal and state funds available therefor. (3) (A) Should the herd owner desire, the commission will hear testimony by the owner and any witnesses he or she desires to present arguments as to why the herd or herds should not be depopulated. (B) Following the hearing, the commission shall determine whether to affirm or repeal its order to depopulate. (d) Any person or entity who violates the provisions of this section shall be subject to an administrative penalty. Amended by Act 2017, No. 1011,§ 52, eff. 8/1/2017. Acts 1995, No. 128, §§ 1-5; 1995 No. 140, §§ 1-5.

(a) (1) Any bovine herd infected with or directly exposed to brucellosis shall be depopulated at the discretion of and subject to the rules of the Arkansas Livestock and Poultry Commission. (2) The herd or herds shall be identified and destroyed within thirty (30) days of written order to the owner or owners. (3) (A) The owners will be notified by delivery of the order or by certified mail. (B) One (1) extension of thirty (30) days, if presented in writing to the commission, will be considered in extenuating circumstances.

(1) Any bovine herd infected with or directly exposed to brucellosis shall be depopulated at the discretion of and subject to the rules of the Arkansas Livestock and Poultry Commission.

(2) The herd or herds shall be identified and destroyed within thirty (30) days of written order to the owner or owners.

(3) (A) The owners will be notified by delivery of the order or by certified mail. (B) One (1) extension of thirty (30) days, if presented in writing to the commission, will be considered in extenuating circumstances.

(A) The owners will be notified by delivery of the order or by certified mail.

(B) One (1) extension of thirty (30) days, if presented in writing to the commission, will be considered in extenuating circumstances.

(b) The commission shall adopt appropriate rules concerning depopulation, negotiation, and hearing procedures.

(c) (1) The State Veterinarian or his or her designated representative will negotiate with the owner through the use of available federal and state funds to depopulate brucellosis-infected or exposed bovine herds. (2) If the State Veterinarian and the herd owner are unable to arrive at an agreement to depopulate infected or exposed bovine herds, the commission, on advice of the State Veterinarian and in public meeting, is authorized to issue a written order to depopulate a herd and to provide indemnification to the herd owner at the current established per-head rate, with such indemnification to be paid from federal and state funds available therefor. (3) (A) Should the herd owner desire, the commission will hear testimony by the owner and any witnesses he or she desires to present arguments as to why the herd or herds should not be depopulated. (B) Following the hearing, the commission shall determine whether to affirm or repeal its order to depopulate.

(1) The State Veterinarian or his or her designated representative will negotiate with the owner through the use of available federal and state funds to depopulate brucellosis-infected or exposed bovine herds.

(2) If the State Veterinarian and the herd owner are unable to arrive at an agreement to depopulate infected or exposed bovine herds, the commission, on advice of the State Veterinarian and in public meeting, is authorized to issue a written order to depopulate a herd and to provide indemnification to the herd owner at the current established per-head rate, with such indemnification to be paid from federal and state funds available therefor.

(3) (A) Should the herd owner desire, the commission will hear testimony by the owner and any witnesses he or she desires to present arguments as to why the herd or herds should not be depopulated. (B) Following the hearing, the commission shall determine whether to affirm or repeal its order to depopulate.

(A) Should the herd owner desire, the commission will hear testimony by the owner and any witnesses he or she desires to present arguments as to why the herd or herds should not be depopulated.

(B) Following the hearing, the commission shall determine whether to affirm or repeal its order to depopulate.

(d) Any person or entity who violates the provisions of this section shall be subject to an administrative penalty.

Amended by Act 2017, No. 1011,§ 52, eff. 8/1/2017.

Acts 1995, No. 128, §§ 1-5; 1995 No. 140, §§ 1-5.
Ark. Code Ann. § 2-16-302 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-302
Definitions
Status: in_force

For the purposes of this subchapter, unless the context otherwise requires, the terms and definitions set forth in § 2-16-202 are adopted and made a part of this subchapter. In addition, the term "dangerous insect pest and plant diseases" shall be construed to mean such insect pests and plant diseases as the pink bollworm, the Mexican bean beetle, potato wart disease, "take all", and such other insect pests and plant diseases, the prevalence of which would threaten an established agricultural industry in the state. Acts 1921, No. 519, § 2; Pope's Dig., § 12358; A.S.A. 1947, § 77-118.

For the purposes of this subchapter, unless the context otherwise requires, the terms and definitions set forth in § 2-16-202 are adopted and made a part of this subchapter. In addition, the term "dangerous insect pest and plant diseases" shall be construed to mean such insect pests and plant diseases as the pink bollworm, the Mexican bean beetle, potato wart disease, "take all", and such other insect pests and plant diseases, the prevalence of which would threaten an established agricultural industry in the state.

Acts 1921, No. 519, § 2; Pope's Dig., § 12358; A.S.A. 1947, § 77-118.
Ark. Code Ann. § 2-20-405 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-405
Arkansas Soybean Promotion Board - Powers
Status: in_force

(a) The Arkansas Soybean Promotion Board shall have power: (1) To conduct plans, projects, or activities that are intended to strengthen the soybean industry's position in the marketplace; (2) To report to the United Soybean Board the manner in which assessments are collected and the procedure utilized to ensure that assessments due are paid; (3) To collect assessments paid on soybeans marketed within the state and to establish procedures for ensuring compliance with regard to the payment of such assessments; provided, that the Arkansas Soybean Promotion Board may designate the Secretary of the Department of Finance and Administration to collect assessments and ensure compliance with regard to the payment of such assessments, subject to such rules as may be promulgated by the Arkansas Soybean Promotion Board and as may be reasonably necessary to comply with the Soybean Promotion, Research and Consumer Information Act of 1990; (4) To remit to the United Soybean Board any assessments paid under this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990, minus authorized credits and other required deductions, by the last day of the month following the month in which the assessment was paid, unless the United Soybean Board determines a different date for remittance of assessments; (5) To pay refunds of assessments as required by the United States Secretary of Agriculture or as authorized by this subchapter and determined by the Arkansas Soybean Promotion Board; (6) To establish escrow accounts to be held and administered as special fund accounts by the Treasurer of State, for the payment of refunds in such amounts and for such periods as required by the United States Secretary of Agriculture or as authorized by this subchapter and determined by the Arkansas Soybean Promotion Board; provided, that interest from such accounts shall accrue to the Arkansas Soybean Promotion Board to be used for authorized activities; (7) To furnish the United Soybean Board with an annual report by a certified public accountant or an authorized state agency of all funds remitted to the United Soybean Board; (8) To receive and certify petitions as provided in § 2-20-406(b)(3) and to conduct a referendum election or elections under this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990; (9) To exempt by resolution a class of persons who purchase one thousand (1,000) or fewer bushels of soybeans in any calendar year from the assessment imposed by § 2-20-406(b)(1) ; (10) To contract with the United Soybean Board or other persons to implement plans or projects under this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990; and (11) To take such further action as may be necessary or appropriate to comply with and to administer this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990. (b) The Arkansas Soybean Promotion Board shall not use funds collected or received under this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990: (1) To fund plans or projects which make use of any unfair or deceptive acts or practices with respect to the quality, value, or use of any product that competes with soybeans or soybean products; or (2) To influence any action or policy of the United States Government, any foreign or state government, or any political subdivision thereof; provided, however, that this subdivision (b)(2) shall not apply to: (A) The communication to appropriate government officials of information relating to the conduct, implementation, or results of promotion, research, consumer information, and industry information; (B) Any action designed to market soybeans or soybean products directly to a foreign government or a political subdivision thereof; or (C) The development and recommendation of amendments to this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990. Amended by Act 2019, No. 910,§ 3273, eff. 7/1/2019. Acts 1991, No. 340, § 5.

(a) The Arkansas Soybean Promotion Board shall have power: (1) To conduct plans, projects, or activities that are intended to strengthen the soybean industry's position in the marketplace; (2) To report to the United Soybean Board the manner in which assessments are collected and the procedure utilized to ensure that assessments due are paid; (3) To collect assessments paid on soybeans marketed within the state and to establish procedures for ensuring compliance with regard to the payment of such assessments; provided, that the Arkansas Soybean Promotion Board may designate the Secretary of the Department of Finance and Administration to collect assessments and ensure compliance with regard to the payment of such assessments, subject to such rules as may be promulgated by the Arkansas Soybean Promotion Board and as may be reasonably necessary to comply with the Soybean Promotion, Research and Consumer Information Act of 1990; (4) To remit to the United Soybean Board any assessments paid under this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990, minus authorized credits and other required deductions, by the last day of the month following the month in which the assessment was paid, unless the United Soybean Board determines a different date for remittance of assessments; (5) To pay refunds of assessments as required by the United States Secretary of Agriculture or as authorized by this subchapter and determined by the Arkansas Soybean Promotion Board; (6) To establish escrow accounts to be held and administered as special fund accounts by the Treasurer of State, for the payment of refunds in such amounts and for such periods as required by the United States Secretary of Agriculture or as authorized by this subchapter and determined by the Arkansas Soybean Promotion Board; provided, that interest from such accounts shall accrue to the Arkansas Soybean Promotion Board to be used for authorized activities; (7) To furnish the United Soybean Board with an annual report by a certified public accountant or an authorized state agency of all funds remitted to the United Soybean Board; (8) To receive and certify petitions as provided in § 2-20-406(b)(3) and to conduct a referendum election or elections under this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990; (9) To exempt by resolution a class of persons who purchase one thousand (1,000) or fewer bushels of soybeans in any calendar year from the assessment imposed by § 2-20-406(b)(1) ; (10) To contract with the United Soybean Board or other persons to implement plans or projects under this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990; and (11) To take such further action as may be necessary or appropriate to comply with and to administer this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990.

(1) To conduct plans, projects, or activities that are intended to strengthen the soybean industry's position in the marketplace;

(2) To report to the United Soybean Board the manner in which assessments are collected and the procedure utilized to ensure that assessments due are paid;

(3) To collect assessments paid on soybeans marketed within the state and to establish procedures for ensuring compliance with regard to the payment of such assessments; provided, that the Arkansas Soybean Promotion Board may designate the Secretary of the Department of Finance and Administration to collect assessments and ensure compliance with regard to the payment of such assessments, subject to such rules as may be promulgated by the Arkansas Soybean Promotion Board and as may be reasonably necessary to comply with the Soybean Promotion, Research and Consumer Information Act of 1990;

(4) To remit to the United Soybean Board any assessments paid under this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990, minus authorized credits and other required deductions, by the last day of the month following the month in which the assessment was paid, unless the United Soybean Board determines a different date for remittance of assessments;

(5) To pay refunds of assessments as required by the United States Secretary of Agriculture or as authorized by this subchapter and determined by the Arkansas Soybean Promotion Board;

(6) To establish escrow accounts to be held and administered as special fund accounts by the Treasurer of State, for the payment of refunds in such amounts and for such periods as required by the United States Secretary of Agriculture or as authorized by this subchapter and determined by the Arkansas Soybean Promotion Board; provided, that interest from such accounts shall accrue to the Arkansas Soybean Promotion Board to be used for authorized activities;

(7) To furnish the United Soybean Board with an annual report by a certified public accountant or an authorized state agency of all funds remitted to the United Soybean Board;

(8) To receive and certify petitions as provided in § 2-20-406(b)(3) and to conduct a referendum election or elections under this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990;

(9) To exempt by resolution a class of persons who purchase one thousand (1,000) or fewer bushels of soybeans in any calendar year from the assessment imposed by § 2-20-406(b)(1) ;

(10) To contract with the United Soybean Board or other persons to implement plans or projects under this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990; and

(11) To take such further action as may be necessary or appropriate to comply with and to administer this subchapter and the Soybean Promotion, Research and Consumer Information Act of 1990.

(b) The Arkansas Soybean Promotion Board shall not use funds collected or received under this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990: (1) To fund plans or projects which make use of any unfair or deceptive acts or practices with respect to the quality, value, or use of any product that competes with soybeans or soybean products; or (2) To influence any action or policy of the United States Government, any foreign or state government, or any political subdivision thereof; provided, however, that this subdivision (b)(2) shall not apply to: (A) The communication to appropriate government officials of information relating to the conduct, implementation, or results of promotion, research, consumer information, and industry information; (B) Any action designed to market soybeans or soybean products directly to a foreign government or a political subdivision thereof; or (C) The development and recommendation of amendments to this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990.

(1) To fund plans or projects which make use of any unfair or deceptive acts or practices with respect to the quality, value, or use of any product that competes with soybeans or soybean products; or

(2) To influence any action or policy of the United States Government, any foreign or state government, or any political subdivision thereof; provided, however, that this subdivision (b)(2) shall not apply to: (A) The communication to appropriate government officials of information relating to the conduct, implementation, or results of promotion, research, consumer information, and industry information; (B) Any action designed to market soybeans or soybean products directly to a foreign government or a political subdivision thereof; or (C) The development and recommendation of amendments to this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990.

(A) The communication to appropriate government officials of information relating to the conduct, implementation, or results of promotion, research, consumer information, and industry information;

(B) Any action designed to market soybeans or soybean products directly to a foreign government or a political subdivision thereof; or

(C) The development and recommendation of amendments to this subchapter or the Soybean Promotion, Research and Consumer Information Act of 1990.

Amended by Act 2019, No. 910,§ 3273, eff. 7/1/2019.

Acts 1991, No. 340, § 5.
Ark. Code Ann. § 2-6-121 — AR Code / Title 2 / Chapter 6 / Section 2-6-121
Receivership - Reimbursement
Status: in_force

The Secretary of the Department of Agriculture shall be entitled to reimbursement out of processed catfish or proceeds held in receivership for all expenses incurred as court costs or in handling and disposing of processed catfish, and for all other costs directly attributable to the receivership. The right of reimbursement of the secretary shall be prior to any claims against the processed catfish or proceeds of sale thereof and shall constitute a claim against the surety bond of the Class A registrant. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

The Secretary of the Department of Agriculture shall be entitled to reimbursement out of processed catfish or proceeds held in receivership for all expenses incurred as court costs or in handling and disposing of processed catfish, and for all other costs directly attributable to the receivership. The right of reimbursement of the secretary shall be prior to any claims against the processed catfish or proceeds of sale thereof and shall constitute a claim against the surety bond of the Class A registrant.

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

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-32-408 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-408
Applicability
Status: in_force

This subchapter does not affect the time at which legal title to livestock may pass by agreement or operation of law subject to an owner's lien. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

This subchapter does not affect the time at which legal title to livestock may pass by agreement or operation of law subject to an owner's lien.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-2-311 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-311
Regular disposition of property
Status: in_force

The sale, lease, or exchange of all or substantially all of the property and assets of an association, when made in the usual and regular course of the business of the association, may be made upon such terms and conditions and for such considerations, which may consist in whole or in part of money or real or personal property, including shares of any other domestic or foreign association, as shall be authorized by its board of directors, and no authorization or consent of the members shall be required. Acts 1981, No. 121, § 10; A.S.A. 1947, § 77-1036.

The sale, lease, or exchange of all or substantially all of the property and assets of an association, when made in the usual and regular course of the business of the association, may be made upon such terms and conditions and for such considerations, which may consist in whole or in part of money or real or personal property, including shares of any other domestic or foreign association, as shall be authorized by its board of directors, and no authorization or consent of the members shall be required.

Acts 1981, No. 121, § 10; A.S.A. 1947, § 77-1036.