Ark. Code Ann. § 2-19-307 — AR Code / Title 2 / Chapter 19 / Subchapter 3 / Section 2-19-307
Quarterly tonnage reports
Status: in_force

(a) (1) (A) (i) All manufacturers, importers, and other guarantors who are registered under § 2-19-306(a) shall forward to the State Plant Board each quarter a report on forms prescribed by the State Plant Board, not later than thirty (30) days after the end of each quarter. (ii) Quarters shall end September 30, December 31, March 31, and June 30 of each year. (B) The report shall include a sworn statement of the total tonnage of all liming materials distributed in this state and shall be accompanied by the sum of thirty cents (30¢) per ton or fractional ton. (2) A fee of thirty cents (30¢) will accompany each quarterly report of tonnage which amounts to less than one (1) ton. (3) (A) When sales or distributions of liming materials are between registrants, the registrant who sells or distributes to a person or firm who is not a registrant shall be responsible for payment of the inspection fee unless the payment is made by the registrant initiating the transaction. (B) Invoices of transactions between registrants shall be marked "inspection fee paid" or "inspection fee not paid"; otherwise, the registrant initiating the transaction shall be responsible for the inspection fee. (C) The State Plant Board shall issue receipts for the amounts received and shall deposit the sums received as follows: (i) Twenty cents (20¢) of the thirty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues. It shall be credited to the State Plant Board to be used for its maintenance, operation, support, and improvement; and (ii) (a) Ten cents (10¢) of the thirty-cent fee per ton or fractional ton inspected shall be remitted to the Board of Trustees of the University of Arkansas. This amount shall be credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. This amount shall be expended exclusively for soil testing service and soil fertility research and extension by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly. It shall be expended in support of one (1) or more soil testing laboratories and soil fertility research activities at the main experiment stations, branch experiment stations, or subbranch experiment stations, as determined and designated by the Vice President for Agriculture of the University of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research and extension activities and shall credit the interest earned on the investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance. (b) (1) The State Plant Board or its agents shall have the right at any time to inspect or audit the books of any manufacturer and manipulator or their agents to determine the correctness of the monthly reports required under this section. (2) Refusal to allow this inspection or audit shall be deemed a violation of this subchapter, and the violator shall be subject to the penalties provided in it. (3) For a late report or for failure to report the entire amount sold, the tonnage fee on the late report or unreported amount shall be doubled, and penalties shall be deposited into the Plant Board Fund; otherwise, registrations may be cancelled by the State Plant Board. Acts 1969, No. 353, § 4; 1983, No. 724, § 2; A.S.A. 1947, § 77-1904; Acts 1993, No. 783, § 2; 2009, No. 326, § 3.

(a) (1) (A) (i) All manufacturers, importers, and other guarantors who are registered under § 2-19-306(a) shall forward to the State Plant Board each quarter a report on forms prescribed by the State Plant Board, not later than thirty (30) days after the end of each quarter. (ii) Quarters shall end September 30, December 31, March 31, and June 30 of each year. (B) The report shall include a sworn statement of the total tonnage of all liming materials distributed in this state and shall be accompanied by the sum of thirty cents (30¢) per ton or fractional ton. (2) A fee of thirty cents (30¢) will accompany each quarterly report of tonnage which amounts to less than one (1) ton. (3) (A) When sales or distributions of liming materials are between registrants, the registrant who sells or distributes to a person or firm who is not a registrant shall be responsible for payment of the inspection fee unless the payment is made by the registrant initiating the transaction. (B) Invoices of transactions between registrants shall be marked "inspection fee paid" or "inspection fee not paid"; otherwise, the registrant initiating the transaction shall be responsible for the inspection fee. (C) The State Plant Board shall issue receipts for the amounts received and shall deposit the sums received as follows: (i) Twenty cents (20¢) of the thirty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues. It shall be credited to the State Plant Board to be used for its maintenance, operation, support, and improvement; and (ii) (a) Ten cents (10¢) of the thirty-cent fee per ton or fractional ton inspected shall be remitted to the Board of Trustees of the University of Arkansas. This amount shall be credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. This amount shall be expended exclusively for soil testing service and soil fertility research and extension by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly. It shall be expended in support of one (1) or more soil testing laboratories and soil fertility research activities at the main experiment stations, branch experiment stations, or subbranch experiment stations, as determined and designated by the Vice President for Agriculture of the University of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research and extension activities and shall credit the interest earned on the investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(1) (A) (i) All manufacturers, importers, and other guarantors who are registered under § 2-19-306(a) shall forward to the State Plant Board each quarter a report on forms prescribed by the State Plant Board, not later than thirty (30) days after the end of each quarter. (ii) Quarters shall end September 30, December 31, March 31, and June 30 of each year. (B) The report shall include a sworn statement of the total tonnage of all liming materials distributed in this state and shall be accompanied by the sum of thirty cents (30¢) per ton or fractional ton.

(A) (i) All manufacturers, importers, and other guarantors who are registered under § 2-19-306(a) shall forward to the State Plant Board each quarter a report on forms prescribed by the State Plant Board, not later than thirty (30) days after the end of each quarter. (ii) Quarters shall end September 30, December 31, March 31, and June 30 of each year.

(i) All manufacturers, importers, and other guarantors who are registered under § 2-19-306(a) shall forward to the State Plant Board each quarter a report on forms prescribed by the State Plant Board, not later than thirty (30) days after the end of each quarter.

(ii) Quarters shall end September 30, December 31, March 31, and June 30 of each year.

(B) The report shall include a sworn statement of the total tonnage of all liming materials distributed in this state and shall be accompanied by the sum of thirty cents (30¢) per ton or fractional ton.

(2) A fee of thirty cents (30¢) will accompany each quarterly report of tonnage which amounts to less than one (1) ton.

(3) (A) When sales or distributions of liming materials are between registrants, the registrant who sells or distributes to a person or firm who is not a registrant shall be responsible for payment of the inspection fee unless the payment is made by the registrant initiating the transaction. (B) Invoices of transactions between registrants shall be marked "inspection fee paid" or "inspection fee not paid"; otherwise, the registrant initiating the transaction shall be responsible for the inspection fee. (C) The State Plant Board shall issue receipts for the amounts received and shall deposit the sums received as follows: (i) Twenty cents (20¢) of the thirty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues. It shall be credited to the State Plant Board to be used for its maintenance, operation, support, and improvement; and (ii) (a) Ten cents (10¢) of the thirty-cent fee per ton or fractional ton inspected shall be remitted to the Board of Trustees of the University of Arkansas. This amount shall be credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. This amount shall be expended exclusively for soil testing service and soil fertility research and extension by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly. It shall be expended in support of one (1) or more soil testing laboratories and soil fertility research activities at the main experiment stations, branch experiment stations, or subbranch experiment stations, as determined and designated by the Vice President for Agriculture of the University of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research and extension activities and shall credit the interest earned on the investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(A) When sales or distributions of liming materials are between registrants, the registrant who sells or distributes to a person or firm who is not a registrant shall be responsible for payment of the inspection fee unless the payment is made by the registrant initiating the transaction.

(B) Invoices of transactions between registrants shall be marked "inspection fee paid" or "inspection fee not paid"; otherwise, the registrant initiating the transaction shall be responsible for the inspection fee.

(C) The State Plant Board shall issue receipts for the amounts received and shall deposit the sums received as follows: (i) Twenty cents (20¢) of the thirty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues. It shall be credited to the State Plant Board to be used for its maintenance, operation, support, and improvement; and (ii) (a) Ten cents (10¢) of the thirty-cent fee per ton or fractional ton inspected shall be remitted to the Board of Trustees of the University of Arkansas. This amount shall be credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. This amount shall be expended exclusively for soil testing service and soil fertility research and extension by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly. It shall be expended in support of one (1) or more soil testing laboratories and soil fertility research activities at the main experiment stations, branch experiment stations, or subbranch experiment stations, as determined and designated by the Vice President for Agriculture of the University of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research and extension activities and shall credit the interest earned on the investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(i) Twenty cents (20¢) of the thirty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues. It shall be credited to the State Plant Board to be used for its maintenance, operation, support, and improvement; and

(ii) (a) Ten cents (10¢) of the thirty-cent fee per ton or fractional ton inspected shall be remitted to the Board of Trustees of the University of Arkansas. This amount shall be credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. This amount shall be expended exclusively for soil testing service and soil fertility research and extension by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly. It shall be expended in support of one (1) or more soil testing laboratories and soil fertility research activities at the main experiment stations, branch experiment stations, or subbranch experiment stations, as determined and designated by the Vice President for Agriculture of the University of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research and extension activities and shall credit the interest earned on the investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(a) Ten cents (10¢) of the thirty-cent fee per ton or fractional ton inspected shall be remitted to the Board of Trustees of the University of Arkansas. This amount shall be credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. This amount shall be expended exclusively for soil testing service and soil fertility research and extension by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly. It shall be expended in support of one (1) or more soil testing laboratories and soil fertility research activities at the main experiment stations, branch experiment stations, or subbranch experiment stations, as determined and designated by the Vice President for Agriculture of the University of Arkansas.

(b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research and extension activities and shall credit the interest earned on the investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research and extension activities and shall credit the interest earned on the investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund.

(2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(b) (1) The State Plant Board or its agents shall have the right at any time to inspect or audit the books of any manufacturer and manipulator or their agents to determine the correctness of the monthly reports required under this section. (2) Refusal to allow this inspection or audit shall be deemed a violation of this subchapter, and the violator shall be subject to the penalties provided in it. (3) For a late report or for failure to report the entire amount sold, the tonnage fee on the late report or unreported amount shall be doubled, and penalties shall be deposited into the Plant Board Fund; otherwise, registrations may be cancelled by the State Plant Board.

(1) The State Plant Board or its agents shall have the right at any time to inspect or audit the books of any manufacturer and manipulator or their agents to determine the correctness of the monthly reports required under this section.

(2) Refusal to allow this inspection or audit shall be deemed a violation of this subchapter, and the violator shall be subject to the penalties provided in it.

(3) For a late report or for failure to report the entire amount sold, the tonnage fee on the late report or unreported amount shall be doubled, and penalties shall be deposited into the Plant Board Fund; otherwise, registrations may be cancelled by the State Plant Board.

Acts 1969, No. 353, § 4; 1983, No. 724, § 2; A.S.A. 1947, § 77-1904; Acts 1993, No. 783, § 2; 2009, No. 326, § 3.
Ark. Code Ann. § 2-34-202 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-202
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 25, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, § 4; A.S.A. 1947, § 78-810; Acts 2005, No. 1994, § 192.

Repealed by Act 2017, No. 1011,§ 25, eff. 8/1/2017.

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

Acts 1959, No. 179, § 4; A.S.A. 1947, § 78-810; Acts 2005, No. 1994, § 192.
Ark. Code Ann. § 2-16-407 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-407
Pesticide registration required
Status: in_force

(a) Each pesticide must have been accepted for registration by the State Plant Board, and the registration must be in force at the time it is sold, offered for sale, or distributed in this state. Registration is not required if a pesticide is shipped from one (1) plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this subchapter or if the pesticide is distributed under the provisions of an experimental use permit issued under § 2-16-409 or an experimental use permit issued by the United States Environmental Protection Agency. (b) The applicant for registration shall file a statement with the board which shall include: (1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's; (2) The name of the pesticide; (3) Other necessary information required for completion of the board's application for registration form; and (4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq. (c) The board, when it deems it necessary in the administration of this subchapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients. (d) The board may require a full description of the tests made and the results upon which the claims are based on any pesticide not registered under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a , or on any pesticide on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered. (e) The board may prescribe other necessary information by rule. (f) The applicant desiring to register a pesticide shall pay an annual registration fee as prescribed in the rules of the board for each pesticide registered by the applicant. The annual registration fee shall be no less than sixty dollars ($60.00) for each product registered. All registrations shall expire December 31 each year. (g) Any registration approved by the board and in effect on December 31 for which a renewal application has been made and the proper fee paid shall continue in full force and effect until such time as the board notifies the applicant that the registration has been approved or denied, in accordance with the provisions of § 2-16-408 . Forms for reregistration shall be mailed to registrants at least thirty (30) days before the due date. (h) Provided the board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides to meet special local needs under Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c) , the board shall require information set forth under subsections (b)-(e) of this section and shall register a pesticide if it determines that: (1) The pesticide's composition is such as to warrant the proposed claims for it; (2) The pesticide's labeling and other material required to be submitted comply with the requirements of this subchapter; (3) The pesticide will perform its intended function without unreasonable adverse effects on the environment; (4) When used in accordance with widespread and commonly recognized practice, the pesticide will not generally cause unreasonable adverse effects on the environment; and (5) The classification for general or restricted use is in conformity with Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d) . (i) The board shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two (2) pesticides meet the requirements of this section, one (1) should not be registered in preference to the other. Amended by Act 2019, No. 315,§ 10, eff. 7/24/2019. Acts 1975, No. 410, § 6; A.S.A. 1947, § 77-232; Acts 1993, No. 783, § 7.

(a) Each pesticide must have been accepted for registration by the State Plant Board, and the registration must be in force at the time it is sold, offered for sale, or distributed in this state. Registration is not required if a pesticide is shipped from one (1) plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of this subchapter or if the pesticide is distributed under the provisions of an experimental use permit issued under § 2-16-409 or an experimental use permit issued by the United States Environmental Protection Agency.

(b) The applicant for registration shall file a statement with the board which shall include: (1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's; (2) The name of the pesticide; (3) Other necessary information required for completion of the board's application for registration form; and (4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.

(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's;

(2) The name of the pesticide;

(3) Other necessary information required for completion of the board's application for registration form; and

(4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.

(c) The board, when it deems it necessary in the administration of this subchapter, may require the submission of the complete formula of any pesticide, including the active and inert ingredients.

(d) The board may require a full description of the tests made and the results upon which the claims are based on any pesticide not registered under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a , or on any pesticide on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered.

(e) The board may prescribe other necessary information by rule.

(f) The applicant desiring to register a pesticide shall pay an annual registration fee as prescribed in the rules of the board for each pesticide registered by the applicant. The annual registration fee shall be no less than sixty dollars ($60.00) for each product registered. All registrations shall expire December 31 each year.

(g) Any registration approved by the board and in effect on December 31 for which a renewal application has been made and the proper fee paid shall continue in full force and effect until such time as the board notifies the applicant that the registration has been approved or denied, in accordance with the provisions of § 2-16-408 . Forms for reregistration shall be mailed to registrants at least thirty (30) days before the due date.

(h) Provided the board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides to meet special local needs under Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136v(c) , the board shall require information set forth under subsections (b)-(e) of this section and shall register a pesticide if it determines that: (1) The pesticide's composition is such as to warrant the proposed claims for it; (2) The pesticide's labeling and other material required to be submitted comply with the requirements of this subchapter; (3) The pesticide will perform its intended function without unreasonable adverse effects on the environment; (4) When used in accordance with widespread and commonly recognized practice, the pesticide will not generally cause unreasonable adverse effects on the environment; and (5) The classification for general or restricted use is in conformity with Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d) .

(1) The pesticide's composition is such as to warrant the proposed claims for it;

(2) The pesticide's labeling and other material required to be submitted comply with the requirements of this subchapter;

(3) The pesticide will perform its intended function without unreasonable adverse effects on the environment;

(4) When used in accordance with widespread and commonly recognized practice, the pesticide will not generally cause unreasonable adverse effects on the environment; and

(5) The classification for general or restricted use is in conformity with Section 3(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136a(d) .

(i) The board shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where two (2) pesticides meet the requirements of this section, one (1) should not be registered in preference to the other.

Amended by Act 2019, No. 315,§ 10, eff. 7/24/2019.

Acts 1975, No. 410, § 6; A.S.A. 1947, § 77-232; Acts 1993, No. 783, § 7.
Ark. Code Ann. § 2-2-108 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-108
Articles of association
Status: in_force

(a) Each association formed under this subchapter must prepare and file articles of association, setting forth: (1) The name of the association; (2) The purposes for which it is formed; (3) The place where its principal business will be transacted, which shall be its domicile; (4) The term for which it is to exist, which may be perpetual; (5) The number of directors thereof, which must not be fewer than five (5) and may be any number in excess thereof, and the term of office of the directors; (6) If organized without capital stock, the classes of membership, if more than one (1) class of membership is authorized, and the rules determining the property rights of all classes of members in the event of dissolution; and (7) (A) If organized with capital stock, the amount of stock and the number of shares into which it is divided and the par value thereof. (B) (i) The capital stock may be divided into preferred and common stock. (ii) If so divided, the articles of association must contain a statement of the number of shares of stock to which preference is granted, the nature and definite extent of the preference and privileges granted to each, and the number of shares of stock to which no preference is granted. (b) The articles must be subscribed by the incorporators and acknowledged by them before an officer authorized by the law of this state to take and certify acknowledgments. They shall be filed and recorded in the office of the Secretary of State. Acts 1939, No. 153, § 8; A.S.A. 1947, § 77-1008.

(a) Each association formed under this subchapter must prepare and file articles of association, setting forth: (1) The name of the association; (2) The purposes for which it is formed; (3) The place where its principal business will be transacted, which shall be its domicile; (4) The term for which it is to exist, which may be perpetual; (5) The number of directors thereof, which must not be fewer than five (5) and may be any number in excess thereof, and the term of office of the directors; (6) If organized without capital stock, the classes of membership, if more than one (1) class of membership is authorized, and the rules determining the property rights of all classes of members in the event of dissolution; and (7) (A) If organized with capital stock, the amount of stock and the number of shares into which it is divided and the par value thereof. (B) (i) The capital stock may be divided into preferred and common stock. (ii) If so divided, the articles of association must contain a statement of the number of shares of stock to which preference is granted, the nature and definite extent of the preference and privileges granted to each, and the number of shares of stock to which no preference is granted.

(1) The name of the association;

(2) The purposes for which it is formed;

(3) The place where its principal business will be transacted, which shall be its domicile;

(4) The term for which it is to exist, which may be perpetual;

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

(6) If organized without capital stock, the classes of membership, if more than one (1) class of membership is authorized, and the rules determining the property rights of all classes of members in the event of dissolution; and

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

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

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

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

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

(b) The articles must be subscribed by the incorporators and acknowledged by them before an officer authorized by the law of this state to take and certify acknowledgments. They shall be filed and recorded in the office of the Secretary of State.

Acts 1939, No. 153, § 8; A.S.A. 1947, § 77-1008.
Ark. Code Ann. § 2-17-225 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-225
Accuracy of receipts
Status: in_force

No warehouse receipt shall be issued except upon actual delivery of grain into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel received for storage, nor shall more than one (1) receipt be issued for the same lot of grain, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. Acts 1979, No. 83, § 30; A.S.A. 1947, § 77-1330.

No warehouse receipt shall be issued except upon actual delivery of grain into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel received for storage, nor shall more than one (1) receipt be issued for the same lot of grain, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more.

Acts 1979, No. 83, § 30; A.S.A. 1947, § 77-1330.
Ark. Code Ann. § 2-3-106 — AR Code / Title 2 / Chapter 3 / Section 2-3-106
[Suspended See Note] Proceedings upon failure to register
Status: in_force

(a) Any recorder of deeds, tax assessor, or other public official who shall learn that a foreign party has acquired agricultural land in Arkansas after April 19, 1979, and has not registered as required in this chapter or otherwise holds agricultural land in violation of this chapter shall report the violation to the Attorney General. (b) (1) Upon receiving notice under subsection (a) of this section, or otherwise in his or her discretion, the Attorney General shall institute an action in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired or held in violation of § 2-3-103 is located. (2) The Attorney General shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of the agricultural land is located. (c) (1) If the court finds that the agricultural land has been acquired or is held in violation of this chapter, the court shall enter a declaratory judgment of the violation and order that the agricultural land be divested to a party other than another foreign party within two (2) years of the date of the order. (2) (A) The court may also assess against the foreign party a civil penalty for a knowing violation of this chapter of up to twenty-five percent (25%) of the then fair market value of the agricultural land. (B) The penalty assessed shall become a lien against the agricultural land. (d) (1) Upon the entry of a declaratory judgment of a violation and an order of divestiture, the Attorney General shall cause a copy of the order to be filed with the recorder of deeds of each county in which any portion of the agricultural land is located. (2) (A) The order of divestiture shall be a covenant running with the agricultural land against any foreign party, grantee, or assignee. (B) Any foreign party who shall acquire any portion of the agricultural land within the two-year divestiture period specified in the order shall be required to divest within the two-year period. (e) Any agricultural land which is not divested within the time prescribed by an order under subsection (c) of this section shall be ordered sold at public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment. Acts 1979, No. 1096, § 5; A.S.A. 1947, § 77-2205; Acts 2005, No. 1962, § 2. 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) Any recorder of deeds, tax assessor, or other public official who shall learn that a foreign party has acquired agricultural land in Arkansas after April 19, 1979, and has not registered as required in this chapter or otherwise holds agricultural land in violation of this chapter shall report the violation to the Attorney General.

(b) (1) Upon receiving notice under subsection (a) of this section, or otherwise in his or her discretion, the Attorney General shall institute an action in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired or held in violation of § 2-3-103 is located. (2) The Attorney General shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of the agricultural land is located.

(1) Upon receiving notice under subsection (a) of this section, or otherwise in his or her discretion, the Attorney General shall institute an action in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired or held in violation of § 2-3-103 is located.

(2) The Attorney General shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of the agricultural land is located.

(c) (1) If the court finds that the agricultural land has been acquired or is held in violation of this chapter, the court shall enter a declaratory judgment of the violation and order that the agricultural land be divested to a party other than another foreign party within two (2) years of the date of the order. (2) (A) The court may also assess against the foreign party a civil penalty for a knowing violation of this chapter of up to twenty-five percent (25%) of the then fair market value of the agricultural land. (B) The penalty assessed shall become a lien against the agricultural land.

(1) If the court finds that the agricultural land has been acquired or is held in violation of this chapter, the court shall enter a declaratory judgment of the violation and order that the agricultural land be divested to a party other than another foreign party within two (2) years of the date of the order.

(2) (A) The court may also assess against the foreign party a civil penalty for a knowing violation of this chapter of up to twenty-five percent (25%) of the then fair market value of the agricultural land. (B) The penalty assessed shall become a lien against the agricultural land.

(A) The court may also assess against the foreign party a civil penalty for a knowing violation of this chapter of up to twenty-five percent (25%) of the then fair market value of the agricultural land.

(B) The penalty assessed shall become a lien against the agricultural land.

(d) (1) Upon the entry of a declaratory judgment of a violation and an order of divestiture, the Attorney General shall cause a copy of the order to be filed with the recorder of deeds of each county in which any portion of the agricultural land is located. (2) (A) The order of divestiture shall be a covenant running with the agricultural land against any foreign party, grantee, or assignee. (B) Any foreign party who shall acquire any portion of the agricultural land within the two-year divestiture period specified in the order shall be required to divest within the two-year period.

(1) Upon the entry of a declaratory judgment of a violation and an order of divestiture, the Attorney General shall cause a copy of the order to be filed with the recorder of deeds of each county in which any portion of the agricultural land is located.

(2) (A) The order of divestiture shall be a covenant running with the agricultural land against any foreign party, grantee, or assignee. (B) Any foreign party who shall acquire any portion of the agricultural land within the two-year divestiture period specified in the order shall be required to divest within the two-year period.

(A) The order of divestiture shall be a covenant running with the agricultural land against any foreign party, grantee, or assignee.

(B) Any foreign party who shall acquire any portion of the agricultural land within the two-year divestiture period specified in the order shall be required to divest within the two-year period.

(e) Any agricultural land which is not divested within the time prescribed by an order under subsection (c) of this section shall be ordered sold at public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.

Acts 1979, No. 1096, § 5; A.S.A. 1947, § 77-2205; Acts 2005, No. 1962, § 2.

Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
Ark. Code Ann. § 2-34-106 — AR Code / Title 2 / Chapter 34 / Subchapter 1 / Section 2-34-106
Disputes about earmarks or brands - Impounding of funds
Status: in_force

(a) If a dispute arises about an earmark or brand, it shall be decided by reference to the book of marks and brands kept by the clerk of the county court. (b) (1) A state-certified law enforcement officer or a livestock association in the state that is authorized to perform brand inspection services under 9 C.F.R. 201.86 , as it existed on January 1, 2015, may order funds from the sale of an animal of questionable ownership held until ownership is established. (2) (A) If ownership of the animal is not established within thirty (30) days, the funds shall be sent to the Arkansas Livestock and Poultry Commission to be held for one (1) year from the date of receipt by the commission. (B) If ownership of the animal cannot be ascertained during the one-year period stated in subdivision (b)(2)(A) of this section, then after the expiration of the one-year period, the funds shall be deposited into the Livestock and Poultry Fund Account. Amended by Act 2017, No. 258,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 1, eff. 7/22/2015. Rev. Stat., ch. 93, § 3; C. & M. Dig., § 335; Pope's Dig., § 350; A.S.A. 1947, § 78-803.

(a) If a dispute arises about an earmark or brand, it shall be decided by reference to the book of marks and brands kept by the clerk of the county court.

(b) (1) A state-certified law enforcement officer or a livestock association in the state that is authorized to perform brand inspection services under 9 C.F.R. 201.86 , as it existed on January 1, 2015, may order funds from the sale of an animal of questionable ownership held until ownership is established. (2) (A) If ownership of the animal is not established within thirty (30) days, the funds shall be sent to the Arkansas Livestock and Poultry Commission to be held for one (1) year from the date of receipt by the commission. (B) If ownership of the animal cannot be ascertained during the one-year period stated in subdivision (b)(2)(A) of this section, then after the expiration of the one-year period, the funds shall be deposited into the Livestock and Poultry Fund Account.

(1) A state-certified law enforcement officer or a livestock association in the state that is authorized to perform brand inspection services under 9 C.F.R. 201.86 , as it existed on January 1, 2015, may order funds from the sale of an animal of questionable ownership held until ownership is established.

(2) (A) If ownership of the animal is not established within thirty (30) days, the funds shall be sent to the Arkansas Livestock and Poultry Commission to be held for one (1) year from the date of receipt by the commission. (B) If ownership of the animal cannot be ascertained during the one-year period stated in subdivision (b)(2)(A) of this section, then after the expiration of the one-year period, the funds shall be deposited into the Livestock and Poultry Fund Account.

(A) If ownership of the animal is not established within thirty (30) days, the funds shall be sent to the Arkansas Livestock and Poultry Commission to be held for one (1) year from the date of receipt by the commission.

(B) If ownership of the animal cannot be ascertained during the one-year period stated in subdivision (b)(2)(A) of this section, then after the expiration of the one-year period, the funds shall be deposited into the Livestock and Poultry Fund Account.

Amended by Act 2017, No. 258,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 965,§ 1, eff. 7/22/2015.

Rev. Stat., ch. 93, § 3; C. & M. Dig., § 335; Pope's Dig., § 350; A.S.A. 1947, § 78-803.
Ark. Code Ann. § 2-2-116 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-116
Marketing contracts - Participation agreements
Status: in_force

(a) (1) 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 its members, other persons, cooperatives, corporations, or associations formed in this or any other state for the cooperative and more economical carrying on of its business or any parts of its business. (2) Any two (2) or more associations by agreement between them may unite in employing and using or may expressly employ and use the same methods, means, and agencies for carrying on and conducting their respective businesses. (b) In addition to or in lieu of the marketing contracts authorized in subsection (a) of this section, the association and its members or others may make and execute any other type of participation agreement in cases in which the association will engage in other than marketing activities as authorized under this subchapter. Acts 1939, No. 153, § 16; A.S.A. 1947, § 77-1016.

(a) (1) 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 its members, other persons, cooperatives, corporations, or associations formed in this or any other state for the cooperative and more economical carrying on of its business or any parts of its business. (2) Any two (2) or more associations by agreement between them may unite in employing and using or may expressly employ and use the same methods, means, and agencies for carrying on and conducting their respective businesses.

(1) 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 its members, other persons, cooperatives, corporations, or associations formed in this or any other state for the cooperative and more economical carrying on of its business or any parts of its business.

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

(b) In addition to or in lieu of the marketing contracts authorized in subsection (a) of this section, the association and its members or others may make and execute any other type of participation agreement in cases in which the association will engage in other than marketing activities as authorized under this subchapter.

Acts 1939, No. 153, § 16; A.S.A. 1947, § 77-1016.
Ark. Code Ann. § 2-40-301 — AR Code / Title 2 / Chapter 40 / Subchapter 3 / Section 2-40-301
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 53, eff. 8/1/2017. Acts 1917, No. 173, § 3, p. 947; C. & M. Dig., § 367; Acts 1925, No. 224, § 3; Pope's Dig., § 392; A.S.A. 1947, § 78-417; Acts 2005, No. 1994, § 24.

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

Acts 1917, No. 173, § 3, p. 947; C. & M. Dig., § 367; Acts 1925, No. 224, § 3; Pope's Dig., § 392; A.S.A. 1947, § 78-417; Acts 2005, No. 1994, § 24.
Ark. Code Ann. § 2-40-819 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-819
Testing requirements for change of ownership
Status: in_force

(a) (1) (A) All equidae which are sold, bartered, traded, given free of charge, or offered for sale, or any horses otherwise exchanged for any reason within Arkansas except at approved markets must be accompanied by a record of a negative equine infectious anemia test conducted at an approved laboratory within the previous six (6) months. (B) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (i) The original test record document; (ii) An official electronic copy, as defined by the Arkansas Livestock and Poultry Commission; and (iii) Other forms as may be prescribed by the Arkansas Livestock and Poultry Commission. (C) A foal less than six (6) months of age is exempt from the testing requirements if the foal is accompanied by, nursing, and included in change of ownership with a negative tested mare. (D) A foal sold separately is required to have a negative current official equine infectious anemia test. (2) On all private sales, trades, or barters, that is, any sale other than through an approved market, both the buyer and seller are equally and individually responsible for meeting the equine infectious anemia testing requirements before the sale or change of ownership. (b) Notwithstanding the provisions of subsection (a) of this section, with respect to a horse claimed in a claiming race run at a licensed racetrack regulated by the Arkansas Racing Commission, the Arkansas Livestock and Poultry Commission may require: (1) The negative equine infectious anemia test to have been conducted at an approved laboratory within the previous twelve (12) months, rather than the previous six (6) months; (2) Any negative equine infectious anemia test required to be conducted within the last six (6) months to be conducted after the race and after title and risk of loss have passed to the buyer; or (3) That the requirements of both subdivisions (b)(1) and (2) of this section be met. Amended by Act 2017, No. 1011,§ 69, eff. 8/1/2017. Amended by Act 2017, No. 716,§ 2, eff. 8/1/2017. Acts 1997, No. 1306, § 17; 1999, No. 10, § 3; 2007, No. 827, § 9.

(a) (1) (A) All equidae which are sold, bartered, traded, given free of charge, or offered for sale, or any horses otherwise exchanged for any reason within Arkansas except at approved markets must be accompanied by a record of a negative equine infectious anemia test conducted at an approved laboratory within the previous six (6) months. (B) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (i) The original test record document; (ii) An official electronic copy, as defined by the Arkansas Livestock and Poultry Commission; and (iii) Other forms as may be prescribed by the Arkansas Livestock and Poultry Commission. (C) A foal less than six (6) months of age is exempt from the testing requirements if the foal is accompanied by, nursing, and included in change of ownership with a negative tested mare. (D) A foal sold separately is required to have a negative current official equine infectious anemia test. (2) On all private sales, trades, or barters, that is, any sale other than through an approved market, both the buyer and seller are equally and individually responsible for meeting the equine infectious anemia testing requirements before the sale or change of ownership.

(1) (A) All equidae which are sold, bartered, traded, given free of charge, or offered for sale, or any horses otherwise exchanged for any reason within Arkansas except at approved markets must be accompanied by a record of a negative equine infectious anemia test conducted at an approved laboratory within the previous six (6) months. (B) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (i) The original test record document; (ii) An official electronic copy, as defined by the Arkansas Livestock and Poultry Commission; and (iii) Other forms as may be prescribed by the Arkansas Livestock and Poultry Commission. (C) A foal less than six (6) months of age is exempt from the testing requirements if the foal is accompanied by, nursing, and included in change of ownership with a negative tested mare. (D) A foal sold separately is required to have a negative current official equine infectious anemia test.

(A) All equidae which are sold, bartered, traded, given free of charge, or offered for sale, or any horses otherwise exchanged for any reason within Arkansas except at approved markets must be accompanied by a record of a negative equine infectious anemia test conducted at an approved laboratory within the previous six (6) months.

(B) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (i) The original test record document; (ii) An official electronic copy, as defined by the Arkansas Livestock and Poultry Commission; and (iii) Other forms as may be prescribed by the Arkansas Livestock and Poultry Commission.

(i) The original test record document;

(ii) An official electronic copy, as defined by the Arkansas Livestock and Poultry Commission; and

(iii) Other forms as may be prescribed by the Arkansas Livestock and Poultry Commission.

(C) A foal less than six (6) months of age is exempt from the testing requirements if the foal is accompanied by, nursing, and included in change of ownership with a negative tested mare.

(D) A foal sold separately is required to have a negative current official equine infectious anemia test.

(2) On all private sales, trades, or barters, that is, any sale other than through an approved market, both the buyer and seller are equally and individually responsible for meeting the equine infectious anemia testing requirements before the sale or change of ownership.

(b) Notwithstanding the provisions of subsection (a) of this section, with respect to a horse claimed in a claiming race run at a licensed racetrack regulated by the Arkansas Racing Commission, the Arkansas Livestock and Poultry Commission may require: (1) The negative equine infectious anemia test to have been conducted at an approved laboratory within the previous twelve (12) months, rather than the previous six (6) months; (2) Any negative equine infectious anemia test required to be conducted within the last six (6) months to be conducted after the race and after title and risk of loss have passed to the buyer; or (3) That the requirements of both subdivisions (b)(1) and (2) of this section be met.

(1) The negative equine infectious anemia test to have been conducted at an approved laboratory within the previous twelve (12) months, rather than the previous six (6) months;

(2) Any negative equine infectious anemia test required to be conducted within the last six (6) months to be conducted after the race and after title and risk of loss have passed to the buyer; or

(3) That the requirements of both subdivisions (b)(1) and (2) of this section be met.

Amended by Act 2017, No. 1011,§ 69, eff. 8/1/2017.

Amended by Act 2017, No. 716,§ 2, eff. 8/1/2017.

Acts 1997, No. 1306, § 17; 1999, No. 10, § 3; 2007, No. 827, § 9.
Ark. Code Ann. § 2-3-111 — AR Code / Title 2 / Chapter 3 / Section 2-3-111
Reporting requirement
Status: in_force

(a) Beginning October 1, 2021, a foreign person required to make a report to the United States Department of Agriculture under the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., shall also file a copy of the required report with the Secretary of the Department of Agriculture within the time period required under the federal law. (b) The Attorney General: (1) Shall impose a civil penalty not to exceed twenty-five percent (25%) of the fair market value, on the date of the assessment of the penalty, of the interest in the agricultural land for failure to file a copy of the report with the Secretary of the Department of Agriculture as required under subsection (a) of this section; and (2) May bring an action to collect the civil penalty in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired is located. (c) Sections 2-3-101 - 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect. (d) This section shall expire upon the repeal of the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq. Added by Act 2021, No. 1046,§ 1, eff. 7/28/2021.

(a) Beginning October 1, 2021, a foreign person required to make a report to the United States Department of Agriculture under the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., shall also file a copy of the required report with the Secretary of the Department of Agriculture within the time period required under the federal law.

(b) The Attorney General: (1) Shall impose a civil penalty not to exceed twenty-five percent (25%) of the fair market value, on the date of the assessment of the penalty, of the interest in the agricultural land for failure to file a copy of the report with the Secretary of the Department of Agriculture as required under subsection (a) of this section; and (2) May bring an action to collect the civil penalty in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired is located.

(1) Shall impose a civil penalty not to exceed twenty-five percent (25%) of the fair market value, on the date of the assessment of the penalty, of the interest in the agricultural land for failure to file a copy of the report with the Secretary of the Department of Agriculture as required under subsection (a) of this section; and

(2) May bring an action to collect the civil penalty in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired is located.

(c) Sections 2-3-101 - 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect.

(d) This section shall expire upon the repeal of the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq.

Added by Act 2021, No. 1046,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 2-36-202 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-202
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1973, No. 317, § 1; A.S.A. 1947, § 78-1610.

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

Acts 1973, No. 317, § 1; A.S.A. 1947, § 78-1610.
Ark. Code Ann. § 2-2-416 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-416
Removal of officer or director
Status: in_force

(a) (1) Any member may bring charges against an officer or director by filing the charges in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question. (2) The removal shall be voted upon at the next regular or special meeting of the association, and by a vote of a majority of the members the association may remove the officer or director and fill the vacancy. (3) (A) The director or officer against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and (B) The person or persons bringing the charges against him or her shall have the same opportunity. (b) (1) In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which he or she was elected. (2) The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. (3) By a vote of the majority of the members of that district, the director in question shall be removed from office. Acts 1921, No. 116, § 15; Pope's Dig., § 2300; A.S.A. 1947, § 77-915.

(a) (1) Any member may bring charges against an officer or director by filing the charges in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question. (2) The removal shall be voted upon at the next regular or special meeting of the association, and by a vote of a majority of the members the association may remove the officer or director and fill the vacancy. (3) (A) The director or officer against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and (B) The person or persons bringing the charges against him or her shall have the same opportunity.

(1) Any member may bring charges against an officer or director by filing the charges in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question.

(2) The removal shall be voted upon at the next regular or special meeting of the association, and by a vote of a majority of the members the association may remove the officer or director and fill the vacancy.

(3) (A) The director or officer against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and (B) The person or persons bringing the charges against him or her shall have the same opportunity.

(A) The director or officer against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and

(B) The person or persons bringing the charges against him or her shall have the same opportunity.

(b) (1) In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which he or she was elected. (2) The board of directors must call a special meeting of the members residing in that district to consider the removal of the director. (3) By a vote of the majority of the members of that district, the director in question shall be removed from office.

(1) In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which he or she was elected.

(2) The board of directors must call a special meeting of the members residing in that district to consider the removal of the director.

(3) By a vote of the majority of the members of that district, the director in question shall be removed from office.

Acts 1921, No. 116, § 15; Pope's Dig., § 2300; A.S.A. 1947, § 77-915.
Ark. Code Ann. § 2-17-206 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-206
State license
Status: in_force

(a) No person shall operate a public grain warehouse or issue a warehouse receipt without first having obtained a license under this subchapter, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended. (b) All public grain warehouses licensed under the United States Warehouse Act, as amended, shall file with the State Plant Board copies of their current licenses and copies of all subsequent licenses or renewals so as to always have copies of current licenses on file with the board. Acts 1979, No. 83, § 5; A.S.A. 1947, § 77-1305.

(a) No person shall operate a public grain warehouse or issue a warehouse receipt without first having obtained a license under this subchapter, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.

(b) All public grain warehouses licensed under the United States Warehouse Act, as amended, shall file with the State Plant Board copies of their current licenses and copies of all subsequent licenses or renewals so as to always have copies of current licenses on file with the board.

Acts 1979, No. 83, § 5; A.S.A. 1947, § 77-1305.
Ark. Code Ann. § 2-34-105 — AR Code / Title 2 / Chapter 34 / Subchapter 1 / Section 2-34-105
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 23, eff. 8/1/2017. Rev. Stat., ch. 93, § 5; C. & M. Dig., § 337; Pope's Dig., § 352; A.S.A. 1947, § 78-805.

Repealed by Act 2017, No. 1011,§ 23, eff. 8/1/2017.

Rev. Stat., ch. 93, § 5; C. & M. Dig., § 337; Pope's Dig., § 352; A.S.A. 1947, § 78-805.
Ark. Code Ann. § 2-2-429 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-429
Conflicting laws
Status: in_force

Any provisions of law which are in conflict with this subchapter shall not be construed as applying to the associations provided for in this subchapter. Acts 1921, No. 116, § 20; Pope's Dig., § 2305; A.S.A. 1947, § 77-920.

Any provisions of law which are in conflict with this subchapter shall not be construed as applying to the associations provided for in this subchapter.

Acts 1921, No. 116, § 20; Pope's Dig., § 2305; A.S.A. 1947, § 77-920.
Ark. Code Ann. § 2-38-303 — AR Code / Title 2 / Chapter 38 / Subchapter 3 / Section 2-38-303
Notice to owners of hogs and goats
Status: in_force

Within twenty-four (24) hours of receiving actual notice to the owners of hogs and goats running at large, or to their agents, the owners or agents shall retrieve and confine the hogs and goats. If these hogs or goats are not taken up and confined, any person interested in the preservation of the property may destroy any offending hogs or goats and shall not be liable in damages for, or for the value of, the destroyed hogs or goats to any person because of having done so. Amended by Act 2023, No. 594,§ 3, eff. 8/1/2023. Acts 1947, No. 199, § 4; A.S.A. 1947, § 78-1143.

Within twenty-four (24) hours of receiving actual notice to the owners of hogs and goats running at large, or to their agents, the owners or agents shall retrieve and confine the hogs and goats. If these hogs or goats are not taken up and confined, any person interested in the preservation of the property may destroy any offending hogs or goats and shall not be liable in damages for, or for the value of, the destroyed hogs or goats to any person because of having done so.

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

Acts 1947, No. 199, § 4; A.S.A. 1947, § 78-1143.
Ark. Code Ann. § 2-32-407 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-407
Lien priority generally
Status: in_force

Except for a permitted lien, an owner's lien takes priority over any other lien regardless of whether the lien arises by contract, law, equity, or otherwise. Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

Except for a permitted lien, an owner's lien takes priority over any other lien regardless of whether the lien arises by contract, law, equity, or otherwise.

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-19-209 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-209
Tonnage reports
Status: in_force

(a) (1) (A) All manufacturers and manipulators or agents representing them who have registered their brands in compliance with § 2-19-202 shall forward to the Department of Agriculture each month a report that shall reach its office on or before the twentieth day of the month in which the tonnage report is due, on the forms and in the number of copies to be prescribed by the department. (B) The report shall include a sworn statement of the total tonnage of all commercial fertilizers and fertilizer materials shipped or caused to be shipped for sale or consumption in this state, or which have been made, mixed, manufactured, or compounded in this state for sale or consumption in this state. (2) (A) (i) The report shall be accompanied with the sum of two dollars and forty cents ($2.40) per ton or fractional ton. (ii) A fee of two dollars and forty cents ($2.40) will accompany each monthly report of tonnage which amounts to less than one (1) ton. (B) The department shall issue receipt for the amount received and shall deposit the sums received as follows: (i) Sixty-two cents (62¢) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues and shall be credited to the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the State Plant Board programs; and (ii) (a) (1) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be: (A) Remitted to the Board of Trustees of the University of Arkansas; and (B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. (2) Funds shall be expended: (A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and (B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research activities and shall credit the interest earned on that investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance. (b) (1) The department or its agents shall have the right, at any time, to inspect or audit the books of any manufacturer and manipulator or their agents to determine the correctness of the monthly reports required under this section. (2) Refusal to allow this inspection or audit shall be deemed a violation of this subchapter, and the violator shall be subject to the penalties provided in this subchapter. (3) For a late report or for failure to report the entire amount sold, the tonnage fee on the late reported or unreported amount shall be enhanced by ten percent (10%) if less than fifteen (15) days late, twenty percent (20%) if less than thirty-one (31) days late, and doubled if more than thirty (30) days late. Penalties shall be deposited into the Plant Board Fund; otherwise, registrations may be cancelled by the State Plant Board. Amended by Act 2023, No. 124,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 557,§ 8, eff. 7/28/2021. Acts 1951, No. 106, § 4; 1953, No. 301, § 1; 1957, No. 356, § 3; 1981, No. 398, § 2; A.S.A. 1947, § 77-707; Acts 1993, No. 783, § 1; 1999, No. 766, § 1; 2009, No. 326, § 1.

(a) (1) (A) All manufacturers and manipulators or agents representing them who have registered their brands in compliance with § 2-19-202 shall forward to the Department of Agriculture each month a report that shall reach its office on or before the twentieth day of the month in which the tonnage report is due, on the forms and in the number of copies to be prescribed by the department. (B) The report shall include a sworn statement of the total tonnage of all commercial fertilizers and fertilizer materials shipped or caused to be shipped for sale or consumption in this state, or which have been made, mixed, manufactured, or compounded in this state for sale or consumption in this state. (2) (A) (i) The report shall be accompanied with the sum of two dollars and forty cents ($2.40) per ton or fractional ton. (ii) A fee of two dollars and forty cents ($2.40) will accompany each monthly report of tonnage which amounts to less than one (1) ton. (B) The department shall issue receipt for the amount received and shall deposit the sums received as follows: (i) Sixty-two cents (62¢) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues and shall be credited to the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the State Plant Board programs; and (ii) (a) (1) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be: (A) Remitted to the Board of Trustees of the University of Arkansas; and (B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. (2) Funds shall be expended: (A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and (B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research activities and shall credit the interest earned on that investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(1) (A) All manufacturers and manipulators or agents representing them who have registered their brands in compliance with § 2-19-202 shall forward to the Department of Agriculture each month a report that shall reach its office on or before the twentieth day of the month in which the tonnage report is due, on the forms and in the number of copies to be prescribed by the department. (B) The report shall include a sworn statement of the total tonnage of all commercial fertilizers and fertilizer materials shipped or caused to be shipped for sale or consumption in this state, or which have been made, mixed, manufactured, or compounded in this state for sale or consumption in this state.

(A) All manufacturers and manipulators or agents representing them who have registered their brands in compliance with § 2-19-202 shall forward to the Department of Agriculture each month a report that shall reach its office on or before the twentieth day of the month in which the tonnage report is due, on the forms and in the number of copies to be prescribed by the department.

(B) The report shall include a sworn statement of the total tonnage of all commercial fertilizers and fertilizer materials shipped or caused to be shipped for sale or consumption in this state, or which have been made, mixed, manufactured, or compounded in this state for sale or consumption in this state.

(2) (A) (i) The report shall be accompanied with the sum of two dollars and forty cents ($2.40) per ton or fractional ton. (ii) A fee of two dollars and forty cents ($2.40) will accompany each monthly report of tonnage which amounts to less than one (1) ton. (B) The department shall issue receipt for the amount received and shall deposit the sums received as follows: (i) Sixty-two cents (62¢) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues and shall be credited to the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the State Plant Board programs; and (ii) (a) (1) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be: (A) Remitted to the Board of Trustees of the University of Arkansas; and (B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. (2) Funds shall be expended: (A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and (B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research activities and shall credit the interest earned on that investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(A) (i) The report shall be accompanied with the sum of two dollars and forty cents ($2.40) per ton or fractional ton. (ii) A fee of two dollars and forty cents ($2.40) will accompany each monthly report of tonnage which amounts to less than one (1) ton.

(i) The report shall be accompanied with the sum of two dollars and forty cents ($2.40) per ton or fractional ton.

(ii) A fee of two dollars and forty cents ($2.40) will accompany each monthly report of tonnage which amounts to less than one (1) ton.

(B) The department shall issue receipt for the amount received and shall deposit the sums received as follows: (i) Sixty-two cents (62¢) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues and shall be credited to the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the State Plant Board programs; and (ii) (a) (1) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be: (A) Remitted to the Board of Trustees of the University of Arkansas; and (B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. (2) Funds shall be expended: (A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and (B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research activities and shall credit the interest earned on that investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(i) Sixty-two cents (62¢) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be deposited with the Treasurer of State as special revenues and shall be credited to the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the State Plant Board programs; and

(ii) (a) (1) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be: (A) Remitted to the Board of Trustees of the University of Arkansas; and (B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. (2) Funds shall be expended: (A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and (B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas. (b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research activities and shall credit the interest earned on that investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(a) (1) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be: (A) Remitted to the Board of Trustees of the University of Arkansas; and (B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas. (2) Funds shall be expended: (A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and (B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas.

(1) One dollar and seventy-eight cents ($1.78) of the two-dollar-and-forty-cent fee per ton or fractional ton inspected shall be: (A) Remitted to the Board of Trustees of the University of Arkansas; and (B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas.

(A) Remitted to the Board of Trustees of the University of Arkansas; and

(B) Credited to a fund to be known as the "University of Arkansas, Division of Agriculture, Soil Testing and Research Fund" to be maintained in accounts in one (1) or more financial institutions in the State of Arkansas.

(2) Funds shall be expended: (A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and (B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas.

(A) Exclusively for soil testing service and soil fertility research by the Board of Trustees of the University of Arkansas under appropriations made by the General Assembly; and

(B) In support of one (1) or more soil testing laboratories at the Division of Agriculture of the University of Arkansas's research and extension centers and research stations as determined and designated by the Vice President for Agriculture of the University of Arkansas, and soil fertility activities within the State of Arkansas.

(b) (1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research activities and shall credit the interest earned on that investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund. (2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(1) The Board of Trustees of the University of Arkansas shall provide for the investment of any funds in the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund that are not needed for current operations of the soil testing laboratories and soil fertility service and research activities and shall credit the interest earned on that investment to the credit of the University of Arkansas, Division of Agriculture, Soil Testing and Research Fund.

(2) The investment shall be of the type and nature authorized for the investment of average daily State Treasury balances by the State Board of Finance.

(b) (1) The department or its agents shall have the right, at any time, to inspect or audit the books of any manufacturer and manipulator or their agents to determine the correctness of the monthly reports required under this section. (2) Refusal to allow this inspection or audit shall be deemed a violation of this subchapter, and the violator shall be subject to the penalties provided in this subchapter. (3) For a late report or for failure to report the entire amount sold, the tonnage fee on the late reported or unreported amount shall be enhanced by ten percent (10%) if less than fifteen (15) days late, twenty percent (20%) if less than thirty-one (31) days late, and doubled if more than thirty (30) days late. Penalties shall be deposited into the Plant Board Fund; otherwise, registrations may be cancelled by the State Plant Board.

(1) The department or its agents shall have the right, at any time, to inspect or audit the books of any manufacturer and manipulator or their agents to determine the correctness of the monthly reports required under this section.

(2) Refusal to allow this inspection or audit shall be deemed a violation of this subchapter, and the violator shall be subject to the penalties provided in this subchapter.

(3) For a late report or for failure to report the entire amount sold, the tonnage fee on the late reported or unreported amount shall be enhanced by ten percent (10%) if less than fifteen (15) days late, twenty percent (20%) if less than thirty-one (31) days late, and doubled if more than thirty (30) days late. Penalties shall be deposited into the Plant Board Fund; otherwise, registrations may be cancelled by the State Plant Board.

Amended by Act 2023, No. 124,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 557,§ 8, eff. 7/28/2021.

Acts 1951, No. 106, § 4; 1953, No. 301, § 1; 1957, No. 356, § 3; 1981, No. 398, § 2; A.S.A. 1947, § 77-707; Acts 1993, No. 783, § 1; 1999, No. 766, § 1; 2009, No. 326, § 1.
Ark. Code Ann. § 2-2-414 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-414
Board of directors
Status: in_force

(a) (1) The affairs of the association shall be managed by a board of not less than five (5) directors elected by the members or stockholders from their own number. (2) (A) (i) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to the districts. (ii) In this case, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and of redistricting the territory covered by the association. (B) The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to the districts, and the result of all the primary elections must be ratified by the next regular meeting of the association. (b) (1) The bylaws may provide that one (1) or more directors may be appointed by the Dean of the College of Agriculture of the University of Arkansas at Fayetteville or by the Secretary of State or any other public official or commission. (2) The directors so appointed need not be members or stockholders of the association but shall have the same powers and rights as other directors. (c) (1) An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. (2) No director during the term of his or her office shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or to any other kind of contract differing from terms generally current in that district. (d) (1) When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy unless the bylaws provide for an election of directors by district. (2) In that case, the board shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy. Acts 1921, No. 116, § 12; Pope's Dig., § 2297; A.S.A. 1947, § 77-912.

(a) (1) The affairs of the association shall be managed by a board of not less than five (5) directors elected by the members or stockholders from their own number. (2) (A) (i) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to the districts. (ii) In this case, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and of redistricting the territory covered by the association. (B) The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to the districts, and the result of all the primary elections must be ratified by the next regular meeting of the association.

(1) The affairs of the association shall be managed by a board of not less than five (5) directors elected by the members or stockholders from their own number.

(2) (A) (i) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to the districts. (ii) In this case, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and of redistricting the territory covered by the association. (B) The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to the districts, and the result of all the primary elections must be ratified by the next regular meeting of the association.

(A) (i) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to the districts. (ii) In this case, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and of redistricting the territory covered by the association.

(i) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to the districts.

(ii) In this case, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and of redistricting the territory covered by the association.

(B) The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to the districts, and the result of all the primary elections must be ratified by the next regular meeting of the association.

(b) (1) The bylaws may provide that one (1) or more directors may be appointed by the Dean of the College of Agriculture of the University of Arkansas at Fayetteville or by the Secretary of State or any other public official or commission. (2) The directors so appointed need not be members or stockholders of the association but shall have the same powers and rights as other directors.

(1) The bylaws may provide that one (1) or more directors may be appointed by the Dean of the College of Agriculture of the University of Arkansas at Fayetteville or by the Secretary of State or any other public official or commission.

(2) The directors so appointed need not be members or stockholders of the association but shall have the same powers and rights as other directors.

(c) (1) An association may provide a fair remuneration for the time actually spent by its officers and directors in its service. (2) No director during the term of his or her office shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or to any other kind of contract differing from terms generally current in that district.

(1) An association may provide a fair remuneration for the time actually spent by its officers and directors in its service.

(2) No director during the term of his or her office shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or to any other kind of contract differing from terms generally current in that district.

(d) (1) When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy unless the bylaws provide for an election of directors by district. (2) In that case, the board shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.

(1) When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy unless the bylaws provide for an election of directors by district.

(2) In that case, the board shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.

Acts 1921, No. 116, § 12; Pope's Dig., § 2297; A.S.A. 1947, § 77-912.
Ark. Code Ann. § 2-16-801 — AR Code / Title 2 / Chapter 16 / Subchapter 8 / Section 2-16-801
Annual assessment
Status: in_force

(a) As a part of its assessment of activities and accomplishments, each conservation district in this state shall annually assess the thistle problem within the district and report to the Arkansas Natural Resources Commission no later than September 30 each year regarding the extent of the thistle problem within the district and methods proposed to be used to eradicate and control the thistles. (b) The commission may provide financial assistance to the conservation districts from any funds available for that purpose. Acts 1997, No. 1030, § 1.

(a) As a part of its assessment of activities and accomplishments, each conservation district in this state shall annually assess the thistle problem within the district and report to the Arkansas Natural Resources Commission no later than September 30 each year regarding the extent of the thistle problem within the district and methods proposed to be used to eradicate and control the thistles.

(b) The commission may provide financial assistance to the conservation districts from any funds available for that purpose.

Acts 1997, No. 1030, § 1.
Ark. Code Ann. § 2-34-213 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-213
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 32, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1961, No. 204, § 1; 1969, No. 361, § 1; A.S.A. 1947, § 78-818.

Repealed by Act 2017, No. 1011,§ 32, eff. 8/1/2017.

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

Acts 1961, No. 204, § 1; 1969, No. 361, § 1; A.S.A. 1947, § 78-818.
Ark. Code Ann. § 2-40-206 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-206
Funding of bovine disease program
Status: in_force

(a) (1) (A) In order to fund or partially fund the bovine disease control and eradication program, there is levied a fee of one dollar ($1.00) per head on all cattle sold in this state to be used for the bovine disease control and eradication program. (B) (i) However, if the Director of the Arkansas Livestock and Poultry Commission determines there is an emergency, the Arkansas Livestock and Poultry Commission may promulgate a rule to temporarily raise the fee set in subdivision (a)(1)(A) of this section after receiving approval of the rule from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (ii) A rule adopted to raise the fee under this subdivision (a)(1)(B) shall be effective only during the period of time the emergency persists or for one (1) year, whichever is shorter. (iii) If an emergency persists after one (1) year, the commission may promulgate a rule to extend the increased fee for additional one-year periods by following the procedures stated in subdivision (a)(1)(B)(i) of this section each year the rule increasing the fee is to be effective. (iv) The commission shall not adopt an emergency rule to raise the fee under this subdivision (a)(1)(B). (2) The fee shall not be assessed on the resale of any cattle within ten (10) calendar days after the prior sale if the fee was paid on the prior sale. (b) (1) The fee shall be collected by the purchaser and remitted monthly to the Secretary of the Department of Finance and Administration, except that if the sale occurs through a livestock auction market or any other agent of the seller, the livestock auction market or other agent shall collect and remit the fee. The Secretary of the Department of Finance and Administration may promulgate such rules as he or she deems necessary to implement the collection of the fee. (2) (A) After deducting three percent (3%) for credit to the Constitutional Officers Fund and the State Central Services Fund, the remainder of funds so remitted to the Secretary of the Department of Finance and Administration shall be deposited into the State Treasury as special revenues and credited to the Livestock and Poultry Commission Disease and Pest Control Fund. (B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of funds which will remain at the end of the fiscal year in the Livestock and Poultry Commission Disease and Pest Control Fund from fees collected under the provisions of this section. He or she shall allow such funds to be carried forward and made available for the same purposes in the next-succeeding fiscal year. (C) The Secretary of the Department of Finance and Administration shall release all information related to the fee levied per head on all cattle sold in the state to be used for the bovine disease control and eradication fund when requested by the Secretary of the Department of Agriculture. Amended by Act 2019, No. 910,§ 3297, eff. 7/1/2019. Amended by Act 2017, No. 1011,§ 50, eff. 8/1/2017. Amended by Act 2015, No. 1077,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 342,§ 1, eff. 7/22/2015. Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475; Acts 1989 (1st Ex. Sess.), No. 192, § 26.

(a) (1) (A) In order to fund or partially fund the bovine disease control and eradication program, there is levied a fee of one dollar ($1.00) per head on all cattle sold in this state to be used for the bovine disease control and eradication program. (B) (i) However, if the Director of the Arkansas Livestock and Poultry Commission determines there is an emergency, the Arkansas Livestock and Poultry Commission may promulgate a rule to temporarily raise the fee set in subdivision (a)(1)(A) of this section after receiving approval of the rule from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (ii) A rule adopted to raise the fee under this subdivision (a)(1)(B) shall be effective only during the period of time the emergency persists or for one (1) year, whichever is shorter. (iii) If an emergency persists after one (1) year, the commission may promulgate a rule to extend the increased fee for additional one-year periods by following the procedures stated in subdivision (a)(1)(B)(i) of this section each year the rule increasing the fee is to be effective. (iv) The commission shall not adopt an emergency rule to raise the fee under this subdivision (a)(1)(B). (2) The fee shall not be assessed on the resale of any cattle within ten (10) calendar days after the prior sale if the fee was paid on the prior sale.

(1) (A) In order to fund or partially fund the bovine disease control and eradication program, there is levied a fee of one dollar ($1.00) per head on all cattle sold in this state to be used for the bovine disease control and eradication program. (B) (i) However, if the Director of the Arkansas Livestock and Poultry Commission determines there is an emergency, the Arkansas Livestock and Poultry Commission may promulgate a rule to temporarily raise the fee set in subdivision (a)(1)(A) of this section after receiving approval of the rule from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (ii) A rule adopted to raise the fee under this subdivision (a)(1)(B) shall be effective only during the period of time the emergency persists or for one (1) year, whichever is shorter. (iii) If an emergency persists after one (1) year, the commission may promulgate a rule to extend the increased fee for additional one-year periods by following the procedures stated in subdivision (a)(1)(B)(i) of this section each year the rule increasing the fee is to be effective. (iv) The commission shall not adopt an emergency rule to raise the fee under this subdivision (a)(1)(B).

(A) In order to fund or partially fund the bovine disease control and eradication program, there is levied a fee of one dollar ($1.00) per head on all cattle sold in this state to be used for the bovine disease control and eradication program.

(B) (i) However, if the Director of the Arkansas Livestock and Poultry Commission determines there is an emergency, the Arkansas Livestock and Poultry Commission may promulgate a rule to temporarily raise the fee set in subdivision (a)(1)(A) of this section after receiving approval of the rule from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (ii) A rule adopted to raise the fee under this subdivision (a)(1)(B) shall be effective only during the period of time the emergency persists or for one (1) year, whichever is shorter. (iii) If an emergency persists after one (1) year, the commission may promulgate a rule to extend the increased fee for additional one-year periods by following the procedures stated in subdivision (a)(1)(B)(i) of this section each year the rule increasing the fee is to be effective. (iv) The commission shall not adopt an emergency rule to raise the fee under this subdivision (a)(1)(B).

(i) However, if the Director of the Arkansas Livestock and Poultry Commission determines there is an emergency, the Arkansas Livestock and Poultry Commission may promulgate a rule to temporarily raise the fee set in subdivision (a)(1)(A) of this section after receiving approval of the rule from the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(ii) A rule adopted to raise the fee under this subdivision (a)(1)(B) shall be effective only during the period of time the emergency persists or for one (1) year, whichever is shorter.

(iii) If an emergency persists after one (1) year, the commission may promulgate a rule to extend the increased fee for additional one-year periods by following the procedures stated in subdivision (a)(1)(B)(i) of this section each year the rule increasing the fee is to be effective.

(iv) The commission shall not adopt an emergency rule to raise the fee under this subdivision (a)(1)(B).

(2) The fee shall not be assessed on the resale of any cattle within ten (10) calendar days after the prior sale if the fee was paid on the prior sale.

(b) (1) The fee shall be collected by the purchaser and remitted monthly to the Secretary of the Department of Finance and Administration, except that if the sale occurs through a livestock auction market or any other agent of the seller, the livestock auction market or other agent shall collect and remit the fee. The Secretary of the Department of Finance and Administration may promulgate such rules as he or she deems necessary to implement the collection of the fee. (2) (A) After deducting three percent (3%) for credit to the Constitutional Officers Fund and the State Central Services Fund, the remainder of funds so remitted to the Secretary of the Department of Finance and Administration shall be deposited into the State Treasury as special revenues and credited to the Livestock and Poultry Commission Disease and Pest Control Fund. (B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of funds which will remain at the end of the fiscal year in the Livestock and Poultry Commission Disease and Pest Control Fund from fees collected under the provisions of this section. He or she shall allow such funds to be carried forward and made available for the same purposes in the next-succeeding fiscal year. (C) The Secretary of the Department of Finance and Administration shall release all information related to the fee levied per head on all cattle sold in the state to be used for the bovine disease control and eradication fund when requested by the Secretary of the Department of Agriculture.

(1) The fee shall be collected by the purchaser and remitted monthly to the Secretary of the Department of Finance and Administration, except that if the sale occurs through a livestock auction market or any other agent of the seller, the livestock auction market or other agent shall collect and remit the fee. The Secretary of the Department of Finance and Administration may promulgate such rules as he or she deems necessary to implement the collection of the fee.

(2) (A) After deducting three percent (3%) for credit to the Constitutional Officers Fund and the State Central Services Fund, the remainder of funds so remitted to the Secretary of the Department of Finance and Administration shall be deposited into the State Treasury as special revenues and credited to the Livestock and Poultry Commission Disease and Pest Control Fund. (B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of funds which will remain at the end of the fiscal year in the Livestock and Poultry Commission Disease and Pest Control Fund from fees collected under the provisions of this section. He or she shall allow such funds to be carried forward and made available for the same purposes in the next-succeeding fiscal year. (C) The Secretary of the Department of Finance and Administration shall release all information related to the fee levied per head on all cattle sold in the state to be used for the bovine disease control and eradication fund when requested by the Secretary of the Department of Agriculture.

(A) After deducting three percent (3%) for credit to the Constitutional Officers Fund and the State Central Services Fund, the remainder of funds so remitted to the Secretary of the Department of Finance and Administration shall be deposited into the State Treasury as special revenues and credited to the Livestock and Poultry Commission Disease and Pest Control Fund.

(B) Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of funds which will remain at the end of the fiscal year in the Livestock and Poultry Commission Disease and Pest Control Fund from fees collected under the provisions of this section. He or she shall allow such funds to be carried forward and made available for the same purposes in the next-succeeding fiscal year.

(C) The Secretary of the Department of Finance and Administration shall release all information related to the fee levied per head on all cattle sold in the state to be used for the bovine disease control and eradication fund when requested by the Secretary of the Department of Agriculture.

Amended by Act 2019, No. 910,§ 3297, eff. 7/1/2019.

Amended by Act 2017, No. 1011,§ 50, eff. 8/1/2017.

Amended by Act 2015, No. 1077,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 342,§ 1, eff. 7/22/2015.

Acts 1985, No. 150, § 1; 1985, No. 151, § 1; A.S.A. 1947, § 78-475; Acts 1989 (1st Ex. Sess.), No. 192, § 26.
Ark. Code Ann. § 2-34-103 — AR Code / Title 2 / Chapter 34 / Subchapter 1 / Section 2-34-103
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 21, eff. 8/1/2017. Rev. Stat., ch. 93, § 6; C. & M. Dig., § 338; Pope's Dig., § 353; A.S.A. 1947, § 78-806.

Repealed by Act 2017, No. 1011,§ 21, eff. 8/1/2017.

Rev. Stat., ch. 93, § 6; C. & M. Dig., § 338; Pope's Dig., § 353; A.S.A. 1947, § 78-806.
Ark. Code Ann. § 2-7-305 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-305
Information on services - Assignment of mediator
Status: in_force

(a) Within five (5) days after receiving a request for mediation, the Director of the Arkansas Farm Mediation Program shall inform the farmer and the creditor of any financial analysis or legal or other services available that may assist them in preparing for the mediation meeting and of any other requirements the farmer and creditor must meet before the mediation meeting. (b) (1) Within twenty-one (21) days after receiving a request for mediation, the director shall assign a mediator and serve notice on the farmer and all his or her known creditors of the name of the mediator, the time and place of the mediation meeting. (2) The meeting shall be not more than forty-two (42) days after the director receives the request, and of any activities prohibited during mediation. Acts 1989, No. 829, § 4.

(a) Within five (5) days after receiving a request for mediation, the Director of the Arkansas Farm Mediation Program shall inform the farmer and the creditor of any financial analysis or legal or other services available that may assist them in preparing for the mediation meeting and of any other requirements the farmer and creditor must meet before the mediation meeting.

(b) (1) Within twenty-one (21) days after receiving a request for mediation, the director shall assign a mediator and serve notice on the farmer and all his or her known creditors of the name of the mediator, the time and place of the mediation meeting. (2) The meeting shall be not more than forty-two (42) days after the director receives the request, and of any activities prohibited during mediation.

(1) Within twenty-one (21) days after receiving a request for mediation, the director shall assign a mediator and serve notice on the farmer and all his or her known creditors of the name of the mediator, the time and place of the mediation meeting.

(2) The meeting shall be not more than forty-two (42) days after the director receives the request, and of any activities prohibited during mediation.

Acts 1989, No. 829, § 4.
Ark. Code Ann. § 2-17-217 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-217
Net assets required
Status: in_force

(a) (1) Above all exemptions and liabilities, each public grain warehouseman shall have and maintain total net assets available for the payment of any indebtedness arising from the conduct of the public grain warehouse in an amount equal to at least ten cents (10¢) multiplied by the maximum number of bushels of grain for which the public grain warehouse is licensed. (2) (A) No person may be licensed as a public grain warehouseman unless he or she has available net assets of at least ten thousand dollars ($10,000). (B) Any deficiency in net assets required above the minimum of ten thousand dollars ($10,000) may, at the discretion of the Public Grain Warehouse Commissioner, be supplied by a commensurate increase in the amount of the public grain warehouseman's bond. (C) (i) In determining total available net assets, credit may be given for insurable assets such as buildings, machinery, equipment, and merchandise inventory only to the extent of the current market value of the assets and only to the extent that the assets are protected by insurance against loss or damage. (ii) The insurance shall be in the form of lawful policies issued by one (1) or more insurance companies authorized to do business and subject to service of process in suits brought in this state, and which provide that no cancellation shall be effective unless thirty (30) days' advance notice of the cancellation is given to the commissioner. (b) If a public grain warehouseman is licensed or is applying for license to operate two (2) or more public grain warehouses, the maximum total number of bushels which all the facilities will accommodate when stored in the manner customary to the warehouses, as determined by the commissioner, shall be considered in determining whether the public grain warehouseman meets the available net assets requirement of subsection (a) of this section. (c) For the purposes of this section only, capital stock as such shall not be considered a liability. Acts 1979, No. 83, § 9; A.S.A. 1947, § 77-1309.

(a) (1) Above all exemptions and liabilities, each public grain warehouseman shall have and maintain total net assets available for the payment of any indebtedness arising from the conduct of the public grain warehouse in an amount equal to at least ten cents (10¢) multiplied by the maximum number of bushels of grain for which the public grain warehouse is licensed. (2) (A) No person may be licensed as a public grain warehouseman unless he or she has available net assets of at least ten thousand dollars ($10,000). (B) Any deficiency in net assets required above the minimum of ten thousand dollars ($10,000) may, at the discretion of the Public Grain Warehouse Commissioner, be supplied by a commensurate increase in the amount of the public grain warehouseman's bond. (C) (i) In determining total available net assets, credit may be given for insurable assets such as buildings, machinery, equipment, and merchandise inventory only to the extent of the current market value of the assets and only to the extent that the assets are protected by insurance against loss or damage. (ii) The insurance shall be in the form of lawful policies issued by one (1) or more insurance companies authorized to do business and subject to service of process in suits brought in this state, and which provide that no cancellation shall be effective unless thirty (30) days' advance notice of the cancellation is given to the commissioner.

(1) Above all exemptions and liabilities, each public grain warehouseman shall have and maintain total net assets available for the payment of any indebtedness arising from the conduct of the public grain warehouse in an amount equal to at least ten cents (10¢) multiplied by the maximum number of bushels of grain for which the public grain warehouse is licensed.

(2) (A) No person may be licensed as a public grain warehouseman unless he or she has available net assets of at least ten thousand dollars ($10,000). (B) Any deficiency in net assets required above the minimum of ten thousand dollars ($10,000) may, at the discretion of the Public Grain Warehouse Commissioner, be supplied by a commensurate increase in the amount of the public grain warehouseman's bond. (C) (i) In determining total available net assets, credit may be given for insurable assets such as buildings, machinery, equipment, and merchandise inventory only to the extent of the current market value of the assets and only to the extent that the assets are protected by insurance against loss or damage. (ii) The insurance shall be in the form of lawful policies issued by one (1) or more insurance companies authorized to do business and subject to service of process in suits brought in this state, and which provide that no cancellation shall be effective unless thirty (30) days' advance notice of the cancellation is given to the commissioner.

(A) No person may be licensed as a public grain warehouseman unless he or she has available net assets of at least ten thousand dollars ($10,000).

(B) Any deficiency in net assets required above the minimum of ten thousand dollars ($10,000) may, at the discretion of the Public Grain Warehouse Commissioner, be supplied by a commensurate increase in the amount of the public grain warehouseman's bond.

(C) (i) In determining total available net assets, credit may be given for insurable assets such as buildings, machinery, equipment, and merchandise inventory only to the extent of the current market value of the assets and only to the extent that the assets are protected by insurance against loss or damage. (ii) The insurance shall be in the form of lawful policies issued by one (1) or more insurance companies authorized to do business and subject to service of process in suits brought in this state, and which provide that no cancellation shall be effective unless thirty (30) days' advance notice of the cancellation is given to the commissioner.

(i) In determining total available net assets, credit may be given for insurable assets such as buildings, machinery, equipment, and merchandise inventory only to the extent of the current market value of the assets and only to the extent that the assets are protected by insurance against loss or damage.

(ii) The insurance shall be in the form of lawful policies issued by one (1) or more insurance companies authorized to do business and subject to service of process in suits brought in this state, and which provide that no cancellation shall be effective unless thirty (30) days' advance notice of the cancellation is given to the commissioner.

(b) If a public grain warehouseman is licensed or is applying for license to operate two (2) or more public grain warehouses, the maximum total number of bushels which all the facilities will accommodate when stored in the manner customary to the warehouses, as determined by the commissioner, shall be considered in determining whether the public grain warehouseman meets the available net assets requirement of subsection (a) of this section.

(c) For the purposes of this section only, capital stock as such shall not be considered a liability.

Acts 1979, No. 83, § 9; A.S.A. 1947, § 77-1309.
Ark. Code Ann. § 2-16-613 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-613
Certification of cotton growers' organization - Revocation
Status: in_force

(a) (1) Upon determination by the State Plant Board that the organization meets the requirements of § 2-16-612 , the board shall certify the organization as the official cotton growers' organization. (2) Such certification shall be for the purposes of this subchapter only and shall not affect other organizations or associations of cotton growers established for other purposes. (b) The board shall certify only one (1) such organization and may revoke the certification of the organization if at any time the organization shall fail to meet the requirements of this subchapter. (c) The debts of this organization, should there be any, shall not become the liability of the board. Acts 1991, No. 710, § 13.

(a) (1) Upon determination by the State Plant Board that the organization meets the requirements of § 2-16-612 , the board shall certify the organization as the official cotton growers' organization. (2) Such certification shall be for the purposes of this subchapter only and shall not affect other organizations or associations of cotton growers established for other purposes.

(1) Upon determination by the State Plant Board that the organization meets the requirements of § 2-16-612 , the board shall certify the organization as the official cotton growers' organization.

(2) Such certification shall be for the purposes of this subchapter only and shall not affect other organizations or associations of cotton growers established for other purposes.

(b) The board shall certify only one (1) such organization and may revoke the certification of the organization if at any time the organization shall fail to meet the requirements of this subchapter.

(c) The debts of this organization, should there be any, shall not become the liability of the board.

Acts 1991, No. 710, § 13.
Ark. Code Ann. § 2-10-202 — AR Code / Title 2 / Chapter 10 / Subchapter 2 / Section 2-10-202
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 15, eff. 7/1/2023. Acts 2009, No. 968, § 1.

Repealed by Act 2023, No. 691,§ 15, eff. 7/1/2023.

Acts 2009, No. 968, § 1.
Ark. Code Ann. § 2-20-802 — AR Code / Title 2 / Chapter 20 / Subchapter 8 / Section 2-20-802
Penalties
Status: in_force

(a) (1) Any buyer who fails to file a report or pay any assessment within the required time set by the Secretary of the Department of Finance and Administration shall forfeit to the secretary a penalty of five percent (5%) of the assessment determined to be due plus one percent (1%) for each month of delay, or fraction of a month, after the first month after the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the secretary and shall be disposed of by him or her in the same manner as funds derived from the payment of the assessment imposed in this subchapter. (b) The secretary shall collect the penalty levied in this section, together with the delinquent assessment, by any or all of the following methods: (1) Voluntary payment by the person liable; (2) Legal proceedings instituted in a court of competent jurisdiction; or (3) Injunctive relief to enjoin any buyer owing the assessment or penalty, or both, from operating his or her business or engaging in business as a buyer of corn or grain sorghum until the delinquent assessment or penalty, or both, is paid. (c) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed by this subchapter or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500). Amended by Act 2019, No. 910,§ 3290, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3289, eff. 7/1/2019. Acts 1997, No. 271, § 4; 2005, No. 1994, § 17.

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

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

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

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

(1) Voluntary payment by the person liable;

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

(3) Injunctive relief to enjoin any buyer owing the assessment or penalty, or both, from operating his or her business or engaging in business as a buyer of corn or grain sorghum until the delinquent assessment or penalty, or both, is paid.

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

Amended by Act 2019, No. 910,§ 3290, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3289, eff. 7/1/2019.

Acts 1997, No. 271, § 4; 2005, No. 1994, § 17.
Ark. Code Ann. § 2-35-301 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-301
Purpose
Status: in_force

The purpose of this subchapter is to promote the growth and development of the beef cattle industry in Arkansas by research, promotion, and market development and thereby promote the general welfare of the people of Arkansas. Acts 1983, No. 160, § 1; A.S.A. 1947, § 78-1901.

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

Acts 1983, No. 160, § 1; A.S.A. 1947, § 78-1901.
Ark. Code Ann. § 2-19-402 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-402
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Active ingredient" means the ingredient or ingredients which are claimed to have beneficial effects on soil or crops growing on soils; (2) "Adulterated" means and shall apply to any soil amendment if: (A) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label; or if adequate warning statements and directions for use which may be necessary to protect plants, animals, or aquatic life are not shown on the label; (B) Its composition falls below that which it is purported to possess by its labeling; or (C) It contains noxious weed seed, harmful insects, or harmful disease organisms; (3) "Board" means the State Plant Board; (4) "Bulk" means in nonpackaged form; (5) "Distribute" means to import, consign, offer for sale, sell, barter, or to otherwise supply soil amendments to any person in this state; (6) "Distributor" means any person who imports, consigns, sells, offers for sale, barters, or otherwise supplies soil amendments in this state; (7) "Inert ingredient" means the ingredients which do not have any beneficial or harmful effects on soil or crops but are present in the product; (8) "Label" means the display of written, printed, or graphic matter upon the immediate container of a soil amendment; (9) "Labeling" means all written, printed, or graphic matter upon or accompanying any soil amendment and all advertisements, brochures, posters, or television or radio announcements used in promoting the sale of a soil amendment; (10) "Manufacturer" means any person who produces, compounds, mixes, or blends soil amendments; (11) "Misbranded" means and shall apply if: (A) Any soil amendment bears a label that is false or misleading in any particular; (B) Any soil amendment is distributed under the name of another soil amendment; (C) Any material is represented as a soil amendment or is represented as containing a soil amendment, unless the soil amendment conforms to the definition of identity, if any, prescribed by rule; (D) The percentage of active ingredient in any soil amendment is not shown in the approved ingredient form; or (E) The labeling on any soil amendment is false or misleading in any particular; (12) "Name" means the specific designation under which the individual product is offered for sale; (13) "Percent" or "percentage" means by weight; (14) "Person" means individuals, partnerships, associations, and corporations; (15) "Registrant" means any person who registers a soil amendment under the provisions of this subchapter; and (16) "Soil amendment" means and includes any substance which is intended to improve the physical, chemical, or other characteristics of the soil or improve crop production, except the following: (A) Commercial fertilizers, unless represented to contain as an active ingredient a substance other than a recognized plant food element or represented as promoting plant growth by other than supplying a recognized plant food element; (B) Agricultural liming materials; (C) Agricultural gypsum; (D) Unmanipulated animal manures; (E) Topsoil; (F) Unmanipulated vegetable manures; (G) Pesticides; and (H) Herbicides. Amended by Act 2019, No. 315,§ 16, eff. 7/24/2019. Acts 1977, No. 377, § 3; A.S.A. 1947, § 77-2103.

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

(1) "Active ingredient" means the ingredient or ingredients which are claimed to have beneficial effects on soil or crops growing on soils;

(2) "Adulterated" means and shall apply to any soil amendment if: (A) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label; or if adequate warning statements and directions for use which may be necessary to protect plants, animals, or aquatic life are not shown on the label; (B) Its composition falls below that which it is purported to possess by its labeling; or (C) It contains noxious weed seed, harmful insects, or harmful disease organisms;

(A) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label; or if adequate warning statements and directions for use which may be necessary to protect plants, animals, or aquatic life are not shown on the label;

(B) Its composition falls below that which it is purported to possess by its labeling; or

(C) It contains noxious weed seed, harmful insects, or harmful disease organisms;

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

(4) "Bulk" means in nonpackaged form;

(5) "Distribute" means to import, consign, offer for sale, sell, barter, or to otherwise supply soil amendments to any person in this state;

(6) "Distributor" means any person who imports, consigns, sells, offers for sale, barters, or otherwise supplies soil amendments in this state;

(7) "Inert ingredient" means the ingredients which do not have any beneficial or harmful effects on soil or crops but are present in the product;

(8) "Label" means the display of written, printed, or graphic matter upon the immediate container of a soil amendment;

(9) "Labeling" means all written, printed, or graphic matter upon or accompanying any soil amendment and all advertisements, brochures, posters, or television or radio announcements used in promoting the sale of a soil amendment;

(10) "Manufacturer" means any person who produces, compounds, mixes, or blends soil amendments;

(11) "Misbranded" means and shall apply if: (A) Any soil amendment bears a label that is false or misleading in any particular; (B) Any soil amendment is distributed under the name of another soil amendment; (C) Any material is represented as a soil amendment or is represented as containing a soil amendment, unless the soil amendment conforms to the definition of identity, if any, prescribed by rule; (D) The percentage of active ingredient in any soil amendment is not shown in the approved ingredient form; or (E) The labeling on any soil amendment is false or misleading in any particular;

(A) Any soil amendment bears a label that is false or misleading in any particular;

(B) Any soil amendment is distributed under the name of another soil amendment;

(C) Any material is represented as a soil amendment or is represented as containing a soil amendment, unless the soil amendment conforms to the definition of identity, if any, prescribed by rule;

(D) The percentage of active ingredient in any soil amendment is not shown in the approved ingredient form; or

(E) The labeling on any soil amendment is false or misleading in any particular;

(12) "Name" means the specific designation under which the individual product is offered for sale;

(13) "Percent" or "percentage" means by weight;

(14) "Person" means individuals, partnerships, associations, and corporations;

(15) "Registrant" means any person who registers a soil amendment under the provisions of this subchapter; and

(16) "Soil amendment" means and includes any substance which is intended to improve the physical, chemical, or other characteristics of the soil or improve crop production, except the following: (A) Commercial fertilizers, unless represented to contain as an active ingredient a substance other than a recognized plant food element or represented as promoting plant growth by other than supplying a recognized plant food element; (B) Agricultural liming materials; (C) Agricultural gypsum; (D) Unmanipulated animal manures; (E) Topsoil; (F) Unmanipulated vegetable manures; (G) Pesticides; and (H) Herbicides.

(A) Commercial fertilizers, unless represented to contain as an active ingredient a substance other than a recognized plant food element or represented as promoting plant growth by other than supplying a recognized plant food element;

(B) Agricultural liming materials;

(C) Agricultural gypsum;

(D) Unmanipulated animal manures;

(E) Topsoil;

(F) Unmanipulated vegetable manures;

(G) Pesticides; and

(H) Herbicides.

Amended by Act 2019, No. 315,§ 16, eff. 7/24/2019.

Acts 1977, No. 377, § 3; A.S.A. 1947, § 77-2103.
Ark. Code Ann. § 2-17-205 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-205
Duty to enforce
Status: in_force

The State Plant Board shall carry out and enforce the provisions of this subchapter and is empowered to: (1) Promulgate rules; (2) Carry out necessary inspections; (3) Appoint and fix the duties of personnel; and (4) Provide such equipment as may be necessary to enforce the provisions hereof. Acts 1979, No. 83, § 4; A.S.A. 1947, § 77-1304.

The State Plant Board shall carry out and enforce the provisions of this subchapter and is empowered to:

(1) Promulgate rules;

(2) Carry out necessary inspections;

(3) Appoint and fix the duties of personnel; and

(4) Provide such equipment as may be necessary to enforce the provisions hereof.

Acts 1979, No. 83, § 4; A.S.A. 1947, § 77-1304.
Ark. Code Ann. § 2-40-1001 — AR Code / Title 2 / Chapter 40 / Subchapter 10 / Section 2-40-1001
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 74, eff. 8/1/2017. Acts 1925, No. 95, § 1; Pope's Dig., § 383; A.S.A. 1947, § 78-507; Acts 2005, No. 1994, § 404.

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

Acts 1925, No. 95, § 1; Pope's Dig., § 383; A.S.A. 1947, § 78-507; Acts 2005, No. 1994, § 404.
Ark. Code Ann. § 2-40-705 — AR Code / Title 2 / Chapter 40 / Subchapter 7 / Section 2-40-705
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 65, eff. 8/1/2017. Acts 1963, No. 248, § 2; A.S.A. 1947, § 78-442.

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

Acts 1963, No. 248, § 2; A.S.A. 1947, § 78-442.
Ark. Code Ann. § 2-40-108 — AR Code / Title 2 / Chapter 40 / Subchapter 1 / Section 2-40-108
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 43, eff. 8/1/2017. Acts 1907, No. 409, § 16, p. 1043; C. & M. Dig., § 363; Acts 1925, No. 224, § 2; Pope's Dig., § 388; A.S.A. 1947, § 78-604.

Repealed by Act 2017, No. 1011,§ 43, eff. 8/1/2017.

Acts 1907, No. 409, § 16, p. 1043; C. & M. Dig., § 363; Acts 1925, No. 224, § 2; Pope's Dig., § 388; A.S.A. 1947, § 78-604.
Ark. Code Ann. § 2-9-111 — AR Code / Title 2 / Chapter 9 / Section 2-9-111
Penalty
Status: in_force

(a) (1) Any seller who fails to file a report, collect an assessment, or remit any assessment when due shall pay a penalty not to exceed five percent (5%) of the amount of the assessment that should have been collected or remitted, plus an additional penalty not to exceed one percent (1%) of the amount of the assessment that should have been collected or remitted for each month of delay, or fraction of a month, after the first month the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the Secretary of the Department of Finance and Administration and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this chapter. (b) The secretary shall collect the penalties levied in this section, together with the delinquent assessment, by any or all of the following methods: (1) Voluntary payment; or (2) Legal proceedings instituted in a court of competent jurisdiction seeking any remedies available, including, but not limited to, injunctive relief to enjoin any seller owing the assessment or penalties from engaging in business as a seller of catfish feed until the amount of the assessment due and all penalties are paid. (c) Any person required to pay the assessment provided for in this chapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation punishable by a fine not exceeding five hundred dollars ($500). Amended by Act 2019, No. 910,§ 3271, eff. 7/1/2019. Acts 1999, No. 790, § 3; 2005, No. 1994, § 5.

(a) (1) Any seller who fails to file a report, collect an assessment, or remit any assessment when due shall pay a penalty not to exceed five percent (5%) of the amount of the assessment that should have been collected or remitted, plus an additional penalty not to exceed one percent (1%) of the amount of the assessment that should have been collected or remitted for each month of delay, or fraction of a month, after the first month the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the Secretary of the Department of Finance and Administration and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this chapter.

(1) Any seller who fails to file a report, collect an assessment, or remit any assessment when due shall pay a penalty not to exceed five percent (5%) of the amount of the assessment that should have been collected or remitted, plus an additional penalty not to exceed one percent (1%) of the amount of the assessment that should have been collected or remitted for each month of delay, or fraction of a month, after the first month the report was required to be filed or the assessment became due.

(2) The penalty shall be paid to the Secretary of the Department of Finance and Administration and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this chapter.

(b) The secretary shall collect the penalties levied in this section, together with the delinquent assessment, by any or all of the following methods: (1) Voluntary payment; or (2) Legal proceedings instituted in a court of competent jurisdiction seeking any remedies available, including, but not limited to, injunctive relief to enjoin any seller owing the assessment or penalties from engaging in business as a seller of catfish feed until the amount of the assessment due and all penalties are paid.

(1) Voluntary payment; or

(2) Legal proceedings instituted in a court of competent jurisdiction seeking any remedies available, including, but not limited to, injunctive relief to enjoin any seller owing the assessment or penalties from engaging in business as a seller of catfish feed until the amount of the assessment due and all penalties are paid.

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

Amended by Act 2019, No. 910,§ 3271, eff. 7/1/2019.

Acts 1999, No. 790, § 3; 2005, No. 1994, § 5.
Ark. Code Ann. § 2-34-214 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-214
Contracts for administration
Status: in_force

(a) (1) The Arkansas Livestock and Poultry Commission shall enter into a contract with a private entity that operates primarily as a livestock association to administer the registration and recording of marks and brands under this subchapter. (2) When the commission enters into a contract under this subsection, the commission shall: (A) Compensate the private entity for its services; (B) Appoint the private entity as an agent of the commission for purposes of receiving fees allowed under this subchapter; and (C) Except as provided in subsection (b) of this section, direct the private entity to perform duties assigned to the commission or the Deputy Director of the Arkansas Livestock and Poultry Commission under this subchapter. (b) The commission shall not contract with a private entity to promulgate rules or set fees under this subchapter. (c) Records concerning the administration of this subchapter are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., regardless of whether the records are in the custody or control of the commission or a private entity acting as an agent of the commission under this section. (d) A private entity entering into a contract with the commission under this section shall: (1) Make a monthly accounting to the commission of all funds received by the private entity as an agency of the commission under this section; and (2) File with the commission a surety bond of a corporate surety authorized to do business in this state in an amount determined by the commission, conditioned on the faithful performance of the private entity's duties and obligations as an agent of the commission under this subchapter. Amended by Act 2017, No. 1011,§ 33, eff. 8/1/2017. Added by Act 2015, No. 965,§ 4, eff. 7/22/2015.

(a) (1) The Arkansas Livestock and Poultry Commission shall enter into a contract with a private entity that operates primarily as a livestock association to administer the registration and recording of marks and brands under this subchapter. (2) When the commission enters into a contract under this subsection, the commission shall: (A) Compensate the private entity for its services; (B) Appoint the private entity as an agent of the commission for purposes of receiving fees allowed under this subchapter; and (C) Except as provided in subsection (b) of this section, direct the private entity to perform duties assigned to the commission or the Deputy Director of the Arkansas Livestock and Poultry Commission under this subchapter.

(1) The Arkansas Livestock and Poultry Commission shall enter into a contract with a private entity that operates primarily as a livestock association to administer the registration and recording of marks and brands under this subchapter.

(2) When the commission enters into a contract under this subsection, the commission shall: (A) Compensate the private entity for its services; (B) Appoint the private entity as an agent of the commission for purposes of receiving fees allowed under this subchapter; and (C) Except as provided in subsection (b) of this section, direct the private entity to perform duties assigned to the commission or the Deputy Director of the Arkansas Livestock and Poultry Commission under this subchapter.

(A) Compensate the private entity for its services;

(B) Appoint the private entity as an agent of the commission for purposes of receiving fees allowed under this subchapter; and

(C) Except as provided in subsection (b) of this section, direct the private entity to perform duties assigned to the commission or the Deputy Director of the Arkansas Livestock and Poultry Commission under this subchapter.

(b) The commission shall not contract with a private entity to promulgate rules or set fees under this subchapter.

(c) Records concerning the administration of this subchapter are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., regardless of whether the records are in the custody or control of the commission or a private entity acting as an agent of the commission under this section.

(d) A private entity entering into a contract with the commission under this section shall: (1) Make a monthly accounting to the commission of all funds received by the private entity as an agency of the commission under this section; and (2) File with the commission a surety bond of a corporate surety authorized to do business in this state in an amount determined by the commission, conditioned on the faithful performance of the private entity's duties and obligations as an agent of the commission under this subchapter.

(1) Make a monthly accounting to the commission of all funds received by the private entity as an agency of the commission under this section; and

(2) File with the commission a surety bond of a corporate surety authorized to do business in this state in an amount determined by the commission, conditioned on the faithful performance of the private entity's duties and obligations as an agent of the commission under this subchapter.

Amended by Act 2017, No. 1011,§ 33, eff. 8/1/2017.

Added by Act 2015, No. 965,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 2-20-201 — AR Code / Title 2 / Chapter 20 / Subchapter 2 / Section 2-20-201
Public cotton gin defined
Status: in_force

All cotton gins in Arkansas which gin cotton other than that grown on the farm where the gin is located or on a farm owned or controlled by the operator of the gin are declared to be public cotton gins. Acts 1919, No. 447, § 1; C. & M. Dig., § 10454; A.S.A. 1947, § 77-801.

All cotton gins in Arkansas which gin cotton other than that grown on the farm where the gin is located or on a farm owned or controlled by the operator of the gin are declared to be public cotton gins.

Acts 1919, No. 447, § 1; C. & M. Dig., § 10454; A.S.A. 1947, § 77-801.
Ark. Code Ann. § 2-20-508 — AR Code / Title 2 / Chapter 20 / Subchapter 5 / Section 2-20-508
Records and other documentation
Status: in_force

(a) (1) Every buyer shall keep a complete and accurate record of all rice handled by him or her. (2) The records shall be in such form and contain other information as the Arkansas Rice Research and Promotion Board shall prescribe by rule. (3) The record shall be preserved for a period of one (1) year and shall be offered for inspection at any time upon written demand by the Secretary of the Department of Finance and Administration or any duly authorized agent or representative of him or her. (b) (1) At such times as the secretary may require, every buyer shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this subchapter. (2) The secretary shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of rice and examine or cause to be examined by the agent any books, papers, and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this subchapter. Amended by Act 2019, No. 315,§ 19, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3282, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3281, eff. 7/1/2019. Acts 1985, No. 725, § 4; A.S.A. 1947, § 77-2504.

(a) (1) Every buyer shall keep a complete and accurate record of all rice handled by him or her. (2) The records shall be in such form and contain other information as the Arkansas Rice Research and Promotion Board shall prescribe by rule. (3) The record shall be preserved for a period of one (1) year and shall be offered for inspection at any time upon written demand by the Secretary of the Department of Finance and Administration or any duly authorized agent or representative of him or her.

(1) Every buyer shall keep a complete and accurate record of all rice handled by him or her.

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

(3) The record shall be preserved for a period of one (1) year and shall be offered for inspection at any time upon written demand by the Secretary of the Department of Finance and Administration or any duly authorized agent or representative of him or her.

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

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

(2) The secretary shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of rice and examine or cause to be examined by the agent any books, papers, and records which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 19, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3282, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3281, eff. 7/1/2019.

Acts 1985, No. 725, § 4; A.S.A. 1947, § 77-2504.
Ark. Code Ann. § 2-10-203 — AR Code / Title 2 / Chapter 10 / Subchapter 2 / Section 2-10-203
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 16, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 14, eff. 7/1/2019. Acts 2009, No. 968, § 1.

Repealed by Act 2023, No. 691,§ 16, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 14, eff. 7/1/2019.

Acts 2009, No. 968, § 1.
Ark. Code Ann. § 2-19-306 — AR Code / Title 2 / Chapter 19 / Subchapter 3 / Section 2-19-306
Registration
Status: in_force

(a) Before any liming material is sold or offered for sale or distribution in this state, the manufacturer, importer, or other guarantor, which is a person or firm that places or mixes liming materials of more than one (1) manufacturer in a stockpile, shall register each liming material with the State Plant Board. (b) The registration shall contain the statement referred to in § 2-19-303 or the rules provided for therein and be accompanied by a fee of fifteen dollars ($15.00) for each liming material. (c) Registrations shall expire June 30 of each year. Amended by Act 2021, No. 557,§ 11, eff. 7/28/2021. Acts 1969, No. 353, § 3; 1983, No. 724, § 1; A.S.A. 1947, § 77-1903.

(a) Before any liming material is sold or offered for sale or distribution in this state, the manufacturer, importer, or other guarantor, which is a person or firm that places or mixes liming materials of more than one (1) manufacturer in a stockpile, shall register each liming material with the State Plant Board.

(b) The registration shall contain the statement referred to in § 2-19-303 or the rules provided for therein and be accompanied by a fee of fifteen dollars ($15.00) for each liming material.

(c) Registrations shall expire June 30 of each year.

Amended by Act 2021, No. 557,§ 11, eff. 7/28/2021.

Acts 1969, No. 353, § 3; 1983, No. 724, § 1; A.S.A. 1947, § 77-1903.
Ark. Code Ann. § 2-17-230 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-230
Sale or pledge of receipts
Status: in_force

A public grain warehouseman may make a valid sale or pledge of any warehouse receipts issued for grain of which the warehouseman is the owner, either solely or jointly in common with others. The recital of ownership in the receipt shall constitute notice of the right to sell or pledge the grains and of the title of specific lien of the transferee or pledgee upon the warehouseman's grain represented by the receipts. Acts 1979, No. 83, § 35; A.S.A. 1947, § 77-1335.

A public grain warehouseman may make a valid sale or pledge of any warehouse receipts issued for grain of which the warehouseman is the owner, either solely or jointly in common with others. The recital of ownership in the receipt shall constitute notice of the right to sell or pledge the grains and of the title of specific lien of the transferee or pledgee upon the warehouseman's grain represented by the receipts.

Acts 1979, No. 83, § 35; A.S.A. 1947, § 77-1335.
Ark. Code Ann. § 2-16-202 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Insect pests and diseases" means insect pests and diseases injurious to plants and plant products of this state including any of the stages of development of such insects and diseases; (2) "Persons" means individuals, associations, partnerships, and corporations; (3) "Places" means vessels, cars, other vehicles, buildings, docks, nurseries, orchards, and other premises where plants and plant products are grown, kept, or handled; and (4) "Plants and plant products" means trees, shrubs, vines, forage, and cereal plants, and all other plants; cuttings, grafts, scions, buds, and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other plant products. Acts 1917, No. 414, § 2; C. & M. Dig., § 8025; Pope's Dig., § 12334; A.S.A. 1947, § 77-102.

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

(1) "Insect pests and diseases" means insect pests and diseases injurious to plants and plant products of this state including any of the stages of development of such insects and diseases;

(2) "Persons" means individuals, associations, partnerships, and corporations;

(3) "Places" means vessels, cars, other vehicles, buildings, docks, nurseries, orchards, and other premises where plants and plant products are grown, kept, or handled; and

(4) "Plants and plant products" means trees, shrubs, vines, forage, and cereal plants, and all other plants; cuttings, grafts, scions, buds, and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other plant products.

Acts 1917, No. 414, § 2; C. & M. Dig., § 8025; Pope's Dig., § 12334; A.S.A. 1947, § 77-102.
Ark. Code Ann. § 2-16-310 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-310
Annual report
Status: in_force

The State Plant Board shall make an annual report to the Governor, in which report it shall give an account of the disposition of the appropriations which may be made for the purposes of carrying out the provisions of this subchapter. Acts 1921, No. 519, § 11; Pope's Dig., § 12367; A.S.A. 1947, § 77-127.

The State Plant Board shall make an annual report to the Governor, in which report it shall give an account of the disposition of the appropriations which may be made for the purposes of carrying out the provisions of this subchapter.

Acts 1921, No. 519, § 11; Pope's Dig., § 12367; A.S.A. 1947, § 77-127.
Ark. Code Ann. § 2-19-409 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-409
Denial or revocation of registration
Status: in_force

(a) The State Plant Board shall refuse to register any product that does not comply with this subchapter and the rules promulgated under it. (b) (1) The board is also authorized and empowered to revoke any registration upon satisfactory evidence that the registrant or any of his or her agents has used fraudulent or deceptive practices. (2) Registration shall not be revoked until the registrant has been given an opportunity for hearing before the board or its duly authorized agent. Acts 1977, No. 377, § 11; A.S.A. 1947, § 77-2111.

(a) The State Plant Board shall refuse to register any product that does not comply with this subchapter and the rules promulgated under it.

(b) (1) The board is also authorized and empowered to revoke any registration upon satisfactory evidence that the registrant or any of his or her agents has used fraudulent or deceptive practices. (2) Registration shall not be revoked until the registrant has been given an opportunity for hearing before the board or its duly authorized agent.

(1) The board is also authorized and empowered to revoke any registration upon satisfactory evidence that the registrant or any of his or her agents has used fraudulent or deceptive practices.

(2) Registration shall not be revoked until the registrant has been given an opportunity for hearing before the board or its duly authorized agent.

Acts 1977, No. 377, § 11; A.S.A. 1947, § 77-2111.
Ark. Code Ann. § 2-18-102 — AR Code / Title 2 / Chapter 18 / Section 2-18-102
Penalty - Revocation of certificate
Status: in_force

(a) (1) Any person shall be guilty of a violation who: (A) Falsely advertises or proclaims that seed has been certified by the State Plant Board; (B) Uses any emblem, label, or language for the purpose of misleading a person into believing that seed has been certified by the board when it has not; (C) Misuses any tag, label, or certificate issued by the board; (D) Obtains or attempts to obtain certification for seed or plants by making false statements or misrepresentations to the board or to the board's inspectors, deputies, or agents; (E) Having received a certificate, violates any of the rules of the board made under this chapter; or (F) Violates any agreement made as a condition for receiving a certificate. (2) Upon conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense. (b) (1) When the person holds a certificate from the board, the certificate, after a hearing before the Director of the State Plant Board has been given to the person, shall be revoked by the director regardless of whether a prosecution is commenced. (2) (A) Any person whose certificate is revoked by the director shall be entitled to an appeal to the board. (B) The board's decision shall be final. Acts 1931, No. 73, § 7; Pope's Dig., § 12354; A.S.A. 1947, § 77-320; Acts 2005, No. 1994, § 10.

(a) (1) Any person shall be guilty of a violation who: (A) Falsely advertises or proclaims that seed has been certified by the State Plant Board; (B) Uses any emblem, label, or language for the purpose of misleading a person into believing that seed has been certified by the board when it has not; (C) Misuses any tag, label, or certificate issued by the board; (D) Obtains or attempts to obtain certification for seed or plants by making false statements or misrepresentations to the board or to the board's inspectors, deputies, or agents; (E) Having received a certificate, violates any of the rules of the board made under this chapter; or (F) Violates any agreement made as a condition for receiving a certificate. (2) Upon conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense.

(1) Any person shall be guilty of a violation who: (A) Falsely advertises or proclaims that seed has been certified by the State Plant Board; (B) Uses any emblem, label, or language for the purpose of misleading a person into believing that seed has been certified by the board when it has not; (C) Misuses any tag, label, or certificate issued by the board; (D) Obtains or attempts to obtain certification for seed or plants by making false statements or misrepresentations to the board or to the board's inspectors, deputies, or agents; (E) Having received a certificate, violates any of the rules of the board made under this chapter; or (F) Violates any agreement made as a condition for receiving a certificate.

(A) Falsely advertises or proclaims that seed has been certified by the State Plant Board;

(B) Uses any emblem, label, or language for the purpose of misleading a person into believing that seed has been certified by the board when it has not;

(C) Misuses any tag, label, or certificate issued by the board;

(D) Obtains or attempts to obtain certification for seed or plants by making false statements or misrepresentations to the board or to the board's inspectors, deputies, or agents;

(E) Having received a certificate, violates any of the rules of the board made under this chapter; or

(F) Violates any agreement made as a condition for receiving a certificate.

(2) Upon conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense.

(b) (1) When the person holds a certificate from the board, the certificate, after a hearing before the Director of the State Plant Board has been given to the person, shall be revoked by the director regardless of whether a prosecution is commenced. (2) (A) Any person whose certificate is revoked by the director shall be entitled to an appeal to the board. (B) The board's decision shall be final.

(1) When the person holds a certificate from the board, the certificate, after a hearing before the Director of the State Plant Board has been given to the person, shall be revoked by the director regardless of whether a prosecution is commenced.

(2) (A) Any person whose certificate is revoked by the director shall be entitled to an appeal to the board. (B) The board's decision shall be final.

(A) Any person whose certificate is revoked by the director shall be entitled to an appeal to the board.

(B) The board's decision shall be final.

Acts 1931, No. 73, § 7; Pope's Dig., § 12354; A.S.A. 1947, § 77-320; Acts 2005, No. 1994, § 10.
Ark. Code Ann. § 2-40-807 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-807
Personnel authorized to collect blood samples
Status: in_force

All samples collected from equidae for equine infectious anemia testing shall be collected by an accredited veterinarian, the State Veterinarian, or other Arkansas Livestock and Poultry Commission-authorized personnel. Acts 1997, No. 1306, § 5.

All samples collected from equidae for equine infectious anemia testing shall be collected by an accredited veterinarian, the State Veterinarian, or other Arkansas Livestock and Poultry Commission-authorized personnel.

Acts 1997, No. 1306, § 5.
Ark. Code Ann. § 2-4-108 — AR Code / Title 2 / Chapter 4 / Section 2-4-108
Liberal construction
Status: in_force

This chapter is remedial in nature and shall be liberally construed to effectuate its purposes. Acts 2005, No. 2257, § 2[6].

This chapter is remedial in nature and shall be liberally construed to effectuate its purposes.

Acts 2005, No. 2257, § 2[6].
Ark. Code Ann. § 2-15-302 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-302
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliate" means a person that: (A) Is directly or indirectly controlled by a first purchaser; or (B) Directly or indirectly controls a first purchaser; (2) "Agreement to sell" means an enforceable oral or written agreement by which a grain, soybean, or peanut owner, either directly or through a sales agent, agrees to sell grain, soybeans, or peanuts to a first purchaser; (3) "Control" or "controlled by" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person through ownership, by contract, or otherwise; (4) "First purchaser" means the first person that purchases grain, soybeans, or peanuts, either directly or indirectly through a sales agent, under an agreement to sell; (5) "Grain, soybean, or peanut owner" means a person owning an interest in grain, soybeans, or peanuts before the acquisition of the grain, soybeans, or peanuts by a first purchaser; (6) "Owner's lender" means a person that has a valid mortgage lien or security interest in a grain, soybean, or peanut owner's grain, soybeans, or peanuts at the time the grain, soybeans, or peanuts are delivered to the first purchaser; (7) "Owner's lien" means a lien granted under this subchapter; (8) (A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 22, 2015; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and (ii) A validly perfected and enforceable lien created by statute in relation to grain, soybeans, or peanuts purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before July 22, 2015. (B) "Permitted lien" does not include a mortgage lien or security interest that: (i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that increases the principal amount that is owed on July 22, 2015; (ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on July 22, 2015; or (iii) Is not validly perfected with a first priority against the claims of all persons under applicable law other than a person holding a statutory or regulatory lien as to which first priority is granted by statute or rule; (9) "Person" means an individual or business entity, including without limitation an executor, administrator, estate, agent, trust, trustee, institution, receiver, business trust, firm, corporation, partnership, limited liability company, cooperative, joint venture, governmental entity or agency, association, and any other legal entity; (10) "Proceeds" means: (A) A right or amount paid or to be paid in consideration of or as a consequence of the sale of grain, soybeans, or peanuts, including without limitation cash proceeds, accounts, chattel paper, instruments, and payment intangibles; (B) A by-product from the processing of grain, soybeans, or peanuts; and (C) A right or amount paid or to be paid in consideration of or as a consequence of the sale of a by-product from the processing of grain, soybeans, or peanuts; (11) "Purchaser" means a person that: (A) Is not an affiliate of a first purchaser; and (B) Takes, receives, or purchases grain, soybeans, or peanuts from a first purchaser; (12) "Sales agent" means a person that is authorized to sell grain, soybeans, or peanuts on behalf of or for the benefit of another person; and (13) "Sales price" means the amount a first purchaser agrees to pay a grain, soybean, or peanut owner or a sales agent under an agreement to sell. Amended by Act 2019, No. 315,§ 7, eff. 7/24/2019. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

As used in this subchapter:

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

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

(B) Directly or indirectly controls a first purchaser;

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

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

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

(5) "Grain, soybean, or peanut owner" means a person owning an interest in grain, soybeans, or peanuts before the acquisition of the grain, soybeans, or peanuts by a first purchaser;

(6) "Owner's lender" means a person that has a valid mortgage lien or security interest in a grain, soybean, or peanut owner's grain, soybeans, or peanuts at the time the grain, soybeans, or peanuts are delivered to the first purchaser;

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

(8) (A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 22, 2015; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and (ii) A validly perfected and enforceable lien created by statute in relation to grain, soybeans, or peanuts purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before July 22, 2015. (B) "Permitted lien" does not include a mortgage lien or security interest that: (i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that increases the principal amount that is owed on July 22, 2015; (ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on July 22, 2015; or (iii) Is not validly perfected with a first priority against the claims of all persons under applicable law other than a person holding a statutory or regulatory lien as to which first priority is granted by statute or rule;

(A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 22, 2015; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and (ii) A validly perfected and enforceable lien created by statute in relation to grain, soybeans, or peanuts purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before July 22, 2015.

(i) A mortgage lien or security interest granted by a first purchaser that: (a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 22, 2015; and (b) Has a principal amount and a fixed maturity stated in the mortgage lien or security interest; and

(a) Secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 22, 2015; and

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

(ii) A validly perfected and enforceable lien created by statute in relation to grain, soybeans, or peanuts purchased under an agreement to sell that secures payment of indebtedness incurred by the first purchaser before July 22, 2015.

(B) "Permitted lien" does not include a mortgage lien or security interest that: (i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that increases the principal amount that is owed on July 22, 2015; (ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on July 22, 2015; or (iii) Is not validly perfected with a first priority against the claims of all persons under applicable law other than a person holding a statutory or regulatory lien as to which first priority is granted by statute or rule;

(i) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that increases the principal amount that is owed on July 22, 2015;

(ii) Secures payment under a written instrument of indebtedness that is modified, amended, or restated from or after July 22, 2015, by a modification, amendment, or restatement that extends the stated maturity of the written instrument of indebtedness that is in effect on July 22, 2015; or

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

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

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

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

(B) A by-product from the processing of grain, soybeans, or peanuts; and

(C) A right or amount paid or to be paid in consideration of or as a consequence of the sale of a by-product from the processing of grain, soybeans, or peanuts;

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

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

(B) Takes, receives, or purchases grain, soybeans, or peanuts from a first purchaser;

(12) "Sales agent" means a person that is authorized to sell grain, soybeans, or peanuts on behalf of or for the benefit of another person; and

(13) "Sales price" means the amount a first purchaser agrees to pay a grain, soybean, or peanut owner or a sales agent under an agreement to sell.

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

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-40-402 — AR Code / Title 2 / Chapter 40 / Subchapter 4 / Section 2-40-402
Penalty
Status: in_force

A person who violates this subchapter shall be subject to an administrative penalty. Amended by Act 2017, No. 1011,§ 54, eff. 8/1/2017. Acts 1985, No. 168, § 5; A.S.A. 1977, § 78-415.5.

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

Amended by Act 2017, No. 1011,§ 54, eff. 8/1/2017.

Acts 1985, No. 168, § 5; A.S.A. 1977, § 78-415.5.
Ark. Code Ann. § 2-16-102 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-102
Date stamped on cotton insecticides - Penalty
Status: in_force

(a) Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured. (b) (1) Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100). (2) Each bag or other container that is shipped without first having the date placed on the bag or container shall be a separate offense. Acts 1959, No. 458, §§ 1, 2; A.S.A. 1947, §§ 77-212, 77-213; Acts 2005, No. 1994, § 6.

(a) Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured.

(b) (1) Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100). (2) Each bag or other container that is shipped without first having the date placed on the bag or container shall be a separate offense.

(1) Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100).

(2) Each bag or other container that is shipped without first having the date placed on the bag or container shall be a separate offense.

Acts 1959, No. 458, §§ 1, 2; A.S.A. 1947, §§ 77-212, 77-213; Acts 2005, No. 1994, § 6.
Ark. Code Ann. § 2-34-207 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-207
Notification to registrants
Status: in_force

Before publication of a revised State Brand Book, each registered brand owner or assignee in the previous book or supplements shall be notified in writing that his or her brand has terminated and that the brand must be renewed if the person desires to keep the brand. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, § 7; A.S.A. 1947, § 78-813.

Before publication of a revised State Brand Book, each registered brand owner or assignee in the previous book or supplements shall be notified in writing that his or her brand has terminated and that the brand must be renewed if the person desires to keep the brand.

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

Acts 1959, No. 179, § 7; A.S.A. 1947, § 78-813.
Ark. Code Ann. § 2-20-303 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-303
Applicability
Status: in_force

(a) (1) The provisions of this subchapter are limited to peaches, tomatoes, strawberries, Irish potatoes, and apples which are grown and produced in Arkansas. (2) (A) Standard grades for products covered by this subchapter shall be limited to United States grades and shall conform in all respects and be identical with the latest standards established by the United States Secretary of Agriculture. (B) The State Plant Board shall have authority to prescribe and promulgate an Arkansas Commercial or Utility Grade and other and additional grades of peaches. (b) Standard grades for peaches shall be the standard United States grades and the additional Arkansas grades designated as Utility or Combination, and Unclassified, and Ripes. Acts 1947, No. 343, §§ 2A, 3; A.S.A. 1947, §§ 77-603, 77-604.

(a) (1) The provisions of this subchapter are limited to peaches, tomatoes, strawberries, Irish potatoes, and apples which are grown and produced in Arkansas. (2) (A) Standard grades for products covered by this subchapter shall be limited to United States grades and shall conform in all respects and be identical with the latest standards established by the United States Secretary of Agriculture. (B) The State Plant Board shall have authority to prescribe and promulgate an Arkansas Commercial or Utility Grade and other and additional grades of peaches.

(1) The provisions of this subchapter are limited to peaches, tomatoes, strawberries, Irish potatoes, and apples which are grown and produced in Arkansas.

(2) (A) Standard grades for products covered by this subchapter shall be limited to United States grades and shall conform in all respects and be identical with the latest standards established by the United States Secretary of Agriculture. (B) The State Plant Board shall have authority to prescribe and promulgate an Arkansas Commercial or Utility Grade and other and additional grades of peaches.

(A) Standard grades for products covered by this subchapter shall be limited to United States grades and shall conform in all respects and be identical with the latest standards established by the United States Secretary of Agriculture.

(B) The State Plant Board shall have authority to prescribe and promulgate an Arkansas Commercial or Utility Grade and other and additional grades of peaches.

(b) Standard grades for peaches shall be the standard United States grades and the additional Arkansas grades designated as Utility or Combination, and Unclassified, and Ripes.

Acts 1947, No. 343, §§ 2A, 3; A.S.A. 1947, §§ 77-603, 77-604.
Ark. Code Ann. § 2-35-210 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-210
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1937, No. 206, § 10; Pope's Dig., § 3237; A.S.A. 1947, § 78-910.

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

Acts 1937, No. 206, § 10; Pope's Dig., § 3237; A.S.A. 1947, § 78-910.
Ark. Code Ann. § 2-15-311 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-311
Preference
Status: in_force

If this subchapter conflicts with other rights a grain, soybean, or peanut owner may have, the grain, soybean, or peanut owner's right to receive the sales price shall be given preference. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

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

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-15-408 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-408
[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. § 2-40-104 — AR Code / Title 2 / Chapter 40 / Subchapter 1 / Section 2-40-104
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 39, eff. 8/1/2017. Acts 1907, No. 409, § 6, p. 1043; C. & M. Dig., § 353; Pope's Dig., § 378; A.S.A. 1947, § 78-406.

Repealed by Act 2017, No. 1011,§ 39, eff. 8/1/2017.

Acts 1907, No. 409, § 6, p. 1043; C. & M. Dig., § 353; Pope's Dig., § 378; A.S.A. 1947, § 78-406.
Ark. Code Ann. § 2-1-206 — AR Code / Title 2 / Chapter 1 / Subchapter 3 / Section 2-1-206
[Repealed]
Status: repealed

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

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

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

Acts 2003, No. 1760, § 1.
Ark. Code Ann. § 2-20-409 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-409
Promotion program - Use of funds
Status: in_force

(a) The Arkansas Soybean Promotion Board shall administer this subchapter to promote the soybean industry in Arkansas and shall be vested with the authority and discretion to determine administrative or program implementation and administrative or program expenditure allocations. (b) (1) (A) The board is authorized to use the funds derived from the assessments imposed in this subchapter for research, extension, market development, and advertising designed to promote the soybean industry in Arkansas, including administration expenses. (B) Use of these funds may be applied, as prescribed in this section, within or without Arkansas, including regional, national, and international applications. (2) The funds may also be used to defray costs of referenda. Acts 1971, No. 259, § 6; A.S.A. 1947, § 77-2006; Acts 1991, No. 340, § 9.

(a) The Arkansas Soybean Promotion Board shall administer this subchapter to promote the soybean industry in Arkansas and shall be vested with the authority and discretion to determine administrative or program implementation and administrative or program expenditure allocations.

(b) (1) (A) The board is authorized to use the funds derived from the assessments imposed in this subchapter for research, extension, market development, and advertising designed to promote the soybean industry in Arkansas, including administration expenses. (B) Use of these funds may be applied, as prescribed in this section, within or without 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 research, extension, market development, and advertising designed to promote the soybean industry in Arkansas, including administration expenses. (B) Use of these funds may be applied, as prescribed in this section, within or without 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 research, extension, market development, and advertising designed to promote the soybean industry in Arkansas, including administration expenses.

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

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

Acts 1971, No. 259, § 6; A.S.A. 1947, § 77-2006; Acts 1991, No. 340, § 9.
Ark. Code Ann. § 2-16-907 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-907
Credit for expenditures
Status: in_force

The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified under the Compact shall have credited to his of her account, in the state treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof. Acts 2009, No. 401, § 1.

The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified under the Compact shall have credited to his of her account, in the state treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-34-102 — AR Code / Title 2 / Chapter 34 / Subchapter 1 / Section 2-34-102
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 20, eff. 8/1/2017. Rev. Stat., ch. 93, § 2; C. & M. Dig., § 334; Pope's Dig., § 349; A.S.A. 1947, § 78-802.

Repealed by Act 2017, No. 1011,§ 20, eff. 8/1/2017.

Rev. Stat., ch. 93, § 2; C. & M. Dig., § 334; Pope's Dig., § 349; A.S.A. 1947, § 78-802.