Ark. Code Ann. § 2-2-312 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-312
Disposition of property other than in regular course of business
Status: in_force

A sale, lease, or exchange of all or substantially all the property and assets, with or without the goodwill of an association, if not made in the usual and regular course of its business, may be made upon the terms and conditions and for consideration, which may consist in whole or in part of money or real or personal property, including shares of any other domestic or foreign association, as may be authorized in the following manner: (1) The board of directors shall adopt a resolution recommending the sale, lease, or exchange and directing the submission thereof to a vote at a meeting of members, which may be either an annual or a special meeting; (2) Written or printed notice shall be given to each member of record within the time and in the manner provided in this subchapter for the giving of notice of special meetings of members. Whether the meeting is an annual or a special meeting, the notice shall state that the purpose or one of the purposes of the meeting is to consider the proposed sale, lease, or exchange; (3) (A) At the meeting, the members may authorize the sale, lease, or exchange and may fix or may authorize the board to fix any or all of the terms and conditions thereof and the consideration to be received by the association. (B) Each member of the association shall be entitled to vote thereon. (C) The authorization shall require the affirmative vote of at least two-thirds (2/3) of the votes cast at the meeting in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy; and (4) After the authorization by vote of members, the board, nevertheless, in its discretion may abandon the sale, lease, or exchange of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by members. Acts 1981, No. 121, § 11; 1983, No. 163, § 6; A.S.A. 1947, § 77-1037.

A sale, lease, or exchange of all or substantially all the property and assets, with or without the goodwill of an association, if not made in the usual and regular course of its business, may be made upon the terms and conditions and for consideration, which may consist in whole or in part of money or real or personal property, including shares of any other domestic or foreign association, as may be authorized in the following manner:

(1) The board of directors shall adopt a resolution recommending the sale, lease, or exchange and directing the submission thereof to a vote at a meeting of members, which may be either an annual or a special meeting;

(2) Written or printed notice shall be given to each member of record within the time and in the manner provided in this subchapter for the giving of notice of special meetings of members. Whether the meeting is an annual or a special meeting, the notice shall state that the purpose or one of the purposes of the meeting is to consider the proposed sale, lease, or exchange;

(3) (A) At the meeting, the members may authorize the sale, lease, or exchange and may fix or may authorize the board to fix any or all of the terms and conditions thereof and the consideration to be received by the association. (B) Each member of the association shall be entitled to vote thereon. (C) The authorization shall require the affirmative vote of at least two-thirds (2/3) of the votes cast at the meeting in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy; and

(A) At the meeting, the members may authorize the sale, lease, or exchange and may fix or may authorize the board to fix any or all of the terms and conditions thereof and the consideration to be received by the association.

(B) Each member of the association shall be entitled to vote thereon.

(C) The authorization shall require the affirmative vote of at least two-thirds (2/3) of the votes cast at the meeting in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy; and

(4) After the authorization by vote of members, the board, nevertheless, in its discretion may abandon the sale, lease, or exchange of assets, subject to the rights of third parties under any contracts relating thereto, without further action or approval by members.

Acts 1981, No. 121, § 11; 1983, No. 163, § 6; A.S.A. 1947, § 77-1037.
Ark. Code Ann. § 2-17-302 — AR Code / Title 2 / Chapter 17 / Subchapter 3 / Section 2-17-302
Applicability
Status: in_force

The provisions of this subchapter shall apply to all public grain warehousemen and to the operations of public grain warehouses, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended. Acts 1981, No. 401, § 5; A.S.A. 1947, § 77-1342.

The provisions of this subchapter shall apply to all public grain warehousemen and to the operations of public grain warehouses, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.

Acts 1981, No. 401, § 5; A.S.A. 1947, § 77-1342.
Ark. Code Ann. § 2-18-107 — AR Code / Title 2 / Chapter 18 / Section 2-18-107
Improper use of terms
Status: in_force

(a) It shall be unlawful for any person to use the terms "certified" or "registered" as applied to the quality of seed or plants or to use any other term applying to seed classifications promulgated by the State Plant Board, without first having applied for and received the proper certificate from the board. (b) Any person violating the provisions of this section shall be punished as provided in § 2-18-102 . Acts 1931, No. 73, § 8; Pope's Dig., § 12355; A.S.A. 1947, § 77-321.

(a) It shall be unlawful for any person to use the terms "certified" or "registered" as applied to the quality of seed or plants or to use any other term applying to seed classifications promulgated by the State Plant Board, without first having applied for and received the proper certificate from the board.

(b) Any person violating the provisions of this section shall be punished as provided in § 2-18-102 .

Acts 1931, No. 73, § 8; Pope's Dig., § 12355; A.S.A. 1947, § 77-321.
Ark. Code Ann. § 2-33-204 — AR Code / Title 2 / Chapter 33 / Subchapter 2 / Section 2-33-204
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017. Acts 1973, No. 454, §§ 4, 6; A.S.A. 1947, §§ 78-325, 78-327.

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

Acts 1973, No. 454, §§ 4, 6; A.S.A. 1947, §§ 78-325, 78-327.
Ark. Code Ann. § 2-11-103 — AR Code / Title 2 / Chapter 11 / Section 2-11-103
Definitions
Status: in_force

As used in this chapter: (1) "Agribusiness operation" means an agricultural, horticultural, viticultural, forestry, dairy, livestock, poultry, bee, or any other farm, ranch, plantation, or range business operation; (2) (A) "Agritourism activity" means an interactive or passive activity carried out with or without payment to an agritourism activity operator on a farm, ranch, or agribusiness operation related to agriculture, food production, historic traditions, or nature-watching conducted by an agritourism activity operator for the education, entertainment, or recreation of participants. (B) "Agritourism activity" includes without limitation: (i) A farming or ranching activity; (ii) The viewing of historic, cultural, or natural attractions; (iii) A harvest-your-own activity; (iv) Nature-watching; and (v) An activity involving an animal exhibition at an agricultural fair. (C) "Agritourism activity" does not include: (i) A roadside fruit and vegetable stand; or (ii) An operation exclusively devoted to the sale of merchandise or food at retail; (3) "Agritourism activity operator" means an individual or entity that provides the facilities and equipment necessary to participate in an agritourism activity; (4) "Inherent risk" means dangers or conditions that are an integral part of an agritourism activity, including without limitation: (A) The propensity of a wild or domestic animal to behave in ways that may result in injury, harm, or death to persons on or around the wild or domestic animal; (B) Hazards such as surface and subsurface conditions; (C) Natural conditions of land, vegetation, and waters; (D) Ordinary dangers of structures or equipment used in farming or ranching operations; and (E) The potential of a participant to act in a negligent way that may contribute to injury to the participant or others, whether failing to follow safety procedures or failing to act with reasonable caution while engaging in the agritourism activity; and (5) "Participant" is defined as a person, other than the agritourism activity operator, who engages in an agritourism activity. Acts 2011, No. 1024, § 1.

As used in this chapter:

(1) "Agribusiness operation" means an agricultural, horticultural, viticultural, forestry, dairy, livestock, poultry, bee, or any other farm, ranch, plantation, or range business operation;

(2) (A) "Agritourism activity" means an interactive or passive activity carried out with or without payment to an agritourism activity operator on a farm, ranch, or agribusiness operation related to agriculture, food production, historic traditions, or nature-watching conducted by an agritourism activity operator for the education, entertainment, or recreation of participants. (B) "Agritourism activity" includes without limitation: (i) A farming or ranching activity; (ii) The viewing of historic, cultural, or natural attractions; (iii) A harvest-your-own activity; (iv) Nature-watching; and (v) An activity involving an animal exhibition at an agricultural fair. (C) "Agritourism activity" does not include: (i) A roadside fruit and vegetable stand; or (ii) An operation exclusively devoted to the sale of merchandise or food at retail;

(A) "Agritourism activity" means an interactive or passive activity carried out with or without payment to an agritourism activity operator on a farm, ranch, or agribusiness operation related to agriculture, food production, historic traditions, or nature-watching conducted by an agritourism activity operator for the education, entertainment, or recreation of participants.

(B) "Agritourism activity" includes without limitation: (i) A farming or ranching activity; (ii) The viewing of historic, cultural, or natural attractions; (iii) A harvest-your-own activity; (iv) Nature-watching; and (v) An activity involving an animal exhibition at an agricultural fair.

(i) A farming or ranching activity;

(ii) The viewing of historic, cultural, or natural attractions;

(iii) A harvest-your-own activity;

(iv) Nature-watching; and

(v) An activity involving an animal exhibition at an agricultural fair.

(C) "Agritourism activity" does not include: (i) A roadside fruit and vegetable stand; or (ii) An operation exclusively devoted to the sale of merchandise or food at retail;

(i) A roadside fruit and vegetable stand; or

(ii) An operation exclusively devoted to the sale of merchandise or food at retail;

(3) "Agritourism activity operator" means an individual or entity that provides the facilities and equipment necessary to participate in an agritourism activity;

(4) "Inherent risk" means dangers or conditions that are an integral part of an agritourism activity, including without limitation: (A) The propensity of a wild or domestic animal to behave in ways that may result in injury, harm, or death to persons on or around the wild or domestic animal; (B) Hazards such as surface and subsurface conditions; (C) Natural conditions of land, vegetation, and waters; (D) Ordinary dangers of structures or equipment used in farming or ranching operations; and (E) The potential of a participant to act in a negligent way that may contribute to injury to the participant or others, whether failing to follow safety procedures or failing to act with reasonable caution while engaging in the agritourism activity; and

(A) The propensity of a wild or domestic animal to behave in ways that may result in injury, harm, or death to persons on or around the wild or domestic animal;

(B) Hazards such as surface and subsurface conditions;

(C) Natural conditions of land, vegetation, and waters;

(D) Ordinary dangers of structures or equipment used in farming or ranching operations; and

(E) The potential of a participant to act in a negligent way that may contribute to injury to the participant or others, whether failing to follow safety procedures or failing to act with reasonable caution while engaging in the agritourism activity; and

(5) "Participant" is defined as a person, other than the agritourism activity operator, who engages in an agritourism activity.

Acts 2011, No. 1024, § 1.
Ark. Code Ann. § 2-40-816 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-816
Movement of reactors and exposed animals
Status: in_force

(a) All reactors and exposed equidae must be accompanied by a permit for movement when moved from their quarantined premises. (b) All reactors must be branded before moving interstate. (c) Movement of a reactor and exposed equidae must be direct to an approved slaughter facility or a quarantined holding facility for movement to an approved slaughter facility. (d) (1) Any other move such as a change in location of a reactor or exposed equidae to an alternate quarantined premise must be approved in advance following an epidemiological investigation by the State Veterinarian or other designated Arkansas Livestock and Poultry Commission personnel. (2) The movement must also be accompanied by a permit for movement. (e) If a change in destination becomes necessary, a new permit must be issued by commission-authorized personnel or the regulatory veterinarian. Acts 1997, No. 1306, § 14.

(a) All reactors and exposed equidae must be accompanied by a permit for movement when moved from their quarantined premises.

(b) All reactors must be branded before moving interstate.

(c) Movement of a reactor and exposed equidae must be direct to an approved slaughter facility or a quarantined holding facility for movement to an approved slaughter facility.

(d) (1) Any other move such as a change in location of a reactor or exposed equidae to an alternate quarantined premise must be approved in advance following an epidemiological investigation by the State Veterinarian or other designated Arkansas Livestock and Poultry Commission personnel. (2) The movement must also be accompanied by a permit for movement.

(1) Any other move such as a change in location of a reactor or exposed equidae to an alternate quarantined premise must be approved in advance following an epidemiological investigation by the State Veterinarian or other designated Arkansas Livestock and Poultry Commission personnel.

(2) The movement must also be accompanied by a permit for movement.

(e) If a change in destination becomes necessary, a new permit must be issued by commission-authorized personnel or the regulatory veterinarian.

Acts 1997, No. 1306, § 14.
Ark. Code Ann. § 2-16-207 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-207
Powers and duties of board
Status: in_force

(a) (1) The State Plant Board shall keep itself informed as to the varieties of insect pests, diseases, and noxious weeds and the origin, locality, nature, and appearance thereof; the manner in which they are disseminated; and the approved methods of treatment and eradication. (2) Every such insect pest, disease, and noxious weed, and every plant and plant product infested or infected is declared to be a public nuisance. (b) (1) The board in its rules made under this subchapter shall list the insect pests, diseases, and noxious weeds, of which it shall find that the introduction into or the dissemination within the state should be prevented in order to safeguard the plants and plant products of this state, and the list shall include the plants and plant products or other substances on or in which these pests may be carried. (2) Every person who has knowledge of the presence of any insect pest, disease, or noxious weed listed as required in this section in the rules made under this subchapter, in or upon any place, shall immediately report it to the board or inspectors thereof, giving such detailed information relative thereto as he or she may have. (3) Every person who deals in or engages in the sale of plants or plant products shall furnish to the board or its inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where he or she purchased or obtained the plant and plant products. (c) (1) The board shall make rules for carrying out the provisions and requirements of this subchapter, including rules under which the inspectors and other employees of the Department of Agriculture shall: (A) Inspect places, plants and plant products, and things and substances used or connected herewith; (B) Investigate, control, eradicate, and prevent the dissemination of insect pests, diseases, and noxious weeds; and (C) Supervise or cause the treatment, cutting, and destruction of infected or infested plants and plant products. (2) For the purpose of preventing fraud and misrepresentation, the board shall make rules governing the transportation, distribution, or sale of sorghum seed, hybrid corn seed, and other seeds intended for planting. (d) For the purpose of carrying out the provisions and requirements of this subchapter, of the rules made, and notices given pursuant thereto, the board and the inspectors and employees of the department shall have power to enter into or upon any place and to open any bundle, package, or other container of plants or plant products. Amended by Act 2019, No. 910,§ 18, eff. 7/1/2019. Acts 1917, No. 414, §§ 5, 6, 13; C. & M. Dig., §§ 8028, 8029, 8036; Acts 1937, No. 203, § 1; Pope's Dig., §§ 12337, 12338, 12344; Acts 1939, No. 40, § 1; 1943, No. 44, § 1; A.S.A. 1947, §§ 77-105, 77-106, 77-112.

(a) (1) The State Plant Board shall keep itself informed as to the varieties of insect pests, diseases, and noxious weeds and the origin, locality, nature, and appearance thereof; the manner in which they are disseminated; and the approved methods of treatment and eradication. (2) Every such insect pest, disease, and noxious weed, and every plant and plant product infested or infected is declared to be a public nuisance.

(1) The State Plant Board shall keep itself informed as to the varieties of insect pests, diseases, and noxious weeds and the origin, locality, nature, and appearance thereof; the manner in which they are disseminated; and the approved methods of treatment and eradication.

(2) Every such insect pest, disease, and noxious weed, and every plant and plant product infested or infected is declared to be a public nuisance.

(b) (1) The board in its rules made under this subchapter shall list the insect pests, diseases, and noxious weeds, of which it shall find that the introduction into or the dissemination within the state should be prevented in order to safeguard the plants and plant products of this state, and the list shall include the plants and plant products or other substances on or in which these pests may be carried. (2) Every person who has knowledge of the presence of any insect pest, disease, or noxious weed listed as required in this section in the rules made under this subchapter, in or upon any place, shall immediately report it to the board or inspectors thereof, giving such detailed information relative thereto as he or she may have. (3) Every person who deals in or engages in the sale of plants or plant products shall furnish to the board or its inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where he or she purchased or obtained the plant and plant products.

(1) The board in its rules made under this subchapter shall list the insect pests, diseases, and noxious weeds, of which it shall find that the introduction into or the dissemination within the state should be prevented in order to safeguard the plants and plant products of this state, and the list shall include the plants and plant products or other substances on or in which these pests may be carried.

(2) Every person who has knowledge of the presence of any insect pest, disease, or noxious weed listed as required in this section in the rules made under this subchapter, in or upon any place, shall immediately report it to the board or inspectors thereof, giving such detailed information relative thereto as he or she may have.

(3) Every person who deals in or engages in the sale of plants or plant products shall furnish to the board or its inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where he or she purchased or obtained the plant and plant products.

(c) (1) The board shall make rules for carrying out the provisions and requirements of this subchapter, including rules under which the inspectors and other employees of the Department of Agriculture shall: (A) Inspect places, plants and plant products, and things and substances used or connected herewith; (B) Investigate, control, eradicate, and prevent the dissemination of insect pests, diseases, and noxious weeds; and (C) Supervise or cause the treatment, cutting, and destruction of infected or infested plants and plant products. (2) For the purpose of preventing fraud and misrepresentation, the board shall make rules governing the transportation, distribution, or sale of sorghum seed, hybrid corn seed, and other seeds intended for planting.

(1) The board shall make rules for carrying out the provisions and requirements of this subchapter, including rules under which the inspectors and other employees of the Department of Agriculture shall: (A) Inspect places, plants and plant products, and things and substances used or connected herewith; (B) Investigate, control, eradicate, and prevent the dissemination of insect pests, diseases, and noxious weeds; and (C) Supervise or cause the treatment, cutting, and destruction of infected or infested plants and plant products.

(A) Inspect places, plants and plant products, and things and substances used or connected herewith;

(B) Investigate, control, eradicate, and prevent the dissemination of insect pests, diseases, and noxious weeds; and

(C) Supervise or cause the treatment, cutting, and destruction of infected or infested plants and plant products.

(2) For the purpose of preventing fraud and misrepresentation, the board shall make rules governing the transportation, distribution, or sale of sorghum seed, hybrid corn seed, and other seeds intended for planting.

(d) For the purpose of carrying out the provisions and requirements of this subchapter, of the rules made, and notices given pursuant thereto, the board and the inspectors and employees of the department shall have power to enter into or upon any place and to open any bundle, package, or other container of plants or plant products.

Amended by Act 2019, No. 910,§ 18, eff. 7/1/2019.

Acts 1917, No. 414, §§ 5, 6, 13; C. & M. Dig., §§ 8028, 8029, 8036; Acts 1937, No. 203, § 1; Pope's Dig., §§ 12337, 12338, 12344; Acts 1939, No. 40, § 1; 1943, No. 44, § 1; A.S.A. 1947, §§ 77-105, 77-106, 77-112.
Ark. Code Ann. § 2-1-102 — AR Code / Title 2 / Chapter 1 / Subchapter 1 / Section 2-1-102
Sustainable agriculture - Definition
Status: in_force

(a) As used in this section, "sustainable" includes without limitation: (1) Science-based practices supported by research; and (2) The use of technology that is demonstrated to lead to broad, outcomes-based performance improvements that: (A) Meet the needs of the present; and (B) Improve the ability of future generations to meet their needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities. (b) Sustainable agriculture may use continuous improvement principles with goals that include without limitation: (1) Increasing agricultural productivity; (2) Improving human health through access to safe, nutritious, and affordable food; and (3) Enhancing agricultural and surrounding environments, including without limitation water, soil, and air quality, biodiversity, and habitat preservation. (c) (1) The Department of Agriculture and the State Plant Board shall interpret any administrative rule or federal rule or regulation promulgated by a state or federal agency that establishes standards for harvesting or producing agricultural crops in accordance with the definition and guidelines provided in this section. (2) This section does not apply to silviculture and any state rules or federal rules or regulations regarding silviculture. Amended by Act 2019, No. 315,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 9, eff. 7/1/2019. Acts 2011, No. 1196, § 1.

(a) As used in this section, "sustainable" includes without limitation: (1) Science-based practices supported by research; and (2) The use of technology that is demonstrated to lead to broad, outcomes-based performance improvements that: (A) Meet the needs of the present; and (B) Improve the ability of future generations to meet their needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities.

(1) Science-based practices supported by research; and

(2) The use of technology that is demonstrated to lead to broad, outcomes-based performance improvements that: (A) Meet the needs of the present; and (B) Improve the ability of future generations to meet their needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities.

(A) Meet the needs of the present; and

(B) Improve the ability of future generations to meet their needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities.

(b) Sustainable agriculture may use continuous improvement principles with goals that include without limitation: (1) Increasing agricultural productivity; (2) Improving human health through access to safe, nutritious, and affordable food; and (3) Enhancing agricultural and surrounding environments, including without limitation water, soil, and air quality, biodiversity, and habitat preservation.

(1) Increasing agricultural productivity;

(2) Improving human health through access to safe, nutritious, and affordable food; and

(3) Enhancing agricultural and surrounding environments, including without limitation water, soil, and air quality, biodiversity, and habitat preservation.

(c) (1) The Department of Agriculture and the State Plant Board shall interpret any administrative rule or federal rule or regulation promulgated by a state or federal agency that establishes standards for harvesting or producing agricultural crops in accordance with the definition and guidelines provided in this section. (2) This section does not apply to silviculture and any state rules or federal rules or regulations regarding silviculture.

(1) The Department of Agriculture and the State Plant Board shall interpret any administrative rule or federal rule or regulation promulgated by a state or federal agency that establishes standards for harvesting or producing agricultural crops in accordance with the definition and guidelines provided in this section.

(2) This section does not apply to silviculture and any state rules or federal rules or regulations regarding silviculture.

Amended by Act 2019, No. 315,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 9, eff. 7/1/2019.

Acts 2011, No. 1196, § 1.
Ark. Code Ann. § 2-35-303 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-303
Creation - Members - Organization
Status: in_force

(a) The Arkansas Beef Council is created. (b) (1) The council shall be composed of seven (7) members appointed by the Governor and confirmed by the Senate as follows: (A) Four (4) cattle producer members actively and principally engaged in the cattle industry, from each of the four (4) congressional districts; (B) Two (2) cattle producer members actively and principally engaged in the cattle industry, from the state at large; and (C) One (1) member who shall be an active Arkansas livestock market operator who shall be appointed from the state at large. (2) Each member selected shall serve for a term of three (3) years and until his or her successor is selected as provided in this section. (3) (A) Vacancies in any unexpired term shall be filled by the Governor for the remainder of the unexpired term. (B) The member appointed to fill the vacancy shall represent the same type of designee under subdivision (b)(1) of this section as the person whose term is unexpired. (c) Members of the council shall meet and organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the council whose duties shall be those customarily exercised by those officers or specifically designated by the council. (d) The Department of Agriculture shall provide administrative support to the council. Amended by Act 2023, No. 712,§ 8, eff. 7/1/2023. Acts 1983, No. 160, § 2; A.S.A. 1947, § 78-1902.

(a) The Arkansas Beef Council is created.

(b) (1) The council shall be composed of seven (7) members appointed by the Governor and confirmed by the Senate as follows: (A) Four (4) cattle producer members actively and principally engaged in the cattle industry, from each of the four (4) congressional districts; (B) Two (2) cattle producer members actively and principally engaged in the cattle industry, from the state at large; and (C) One (1) member who shall be an active Arkansas livestock market operator who shall be appointed from the state at large. (2) Each member selected shall serve for a term of three (3) years and until his or her successor is selected as provided in this section. (3) (A) Vacancies in any unexpired term shall be filled by the Governor for the remainder of the unexpired term. (B) The member appointed to fill the vacancy shall represent the same type of designee under subdivision (b)(1) of this section as the person whose term is unexpired.

(1) The council shall be composed of seven (7) members appointed by the Governor and confirmed by the Senate as follows: (A) Four (4) cattle producer members actively and principally engaged in the cattle industry, from each of the four (4) congressional districts; (B) Two (2) cattle producer members actively and principally engaged in the cattle industry, from the state at large; and (C) One (1) member who shall be an active Arkansas livestock market operator who shall be appointed from the state at large.

(A) Four (4) cattle producer members actively and principally engaged in the cattle industry, from each of the four (4) congressional districts;

(B) Two (2) cattle producer members actively and principally engaged in the cattle industry, from the state at large; and

(C) One (1) member who shall be an active Arkansas livestock market operator who shall be appointed from the state at large.

(2) Each member selected shall serve for a term of three (3) years and until his or her successor is selected as provided in this section.

(3) (A) Vacancies in any unexpired term shall be filled by the Governor for the remainder of the unexpired term. (B) The member appointed to fill the vacancy shall represent the same type of designee under subdivision (b)(1) of this section as the person whose term is unexpired.

(A) Vacancies in any unexpired term shall be filled by the Governor for the remainder of the unexpired term.

(B) The member appointed to fill the vacancy shall represent the same type of designee under subdivision (b)(1) of this section as the person whose term is unexpired.

(c) Members of the council shall meet and organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the council whose duties shall be those customarily exercised by those officers or specifically designated by the council.

(d) The Department of Agriculture shall provide administrative support to the council.

Amended by Act 2023, No. 712,§ 8, eff. 7/1/2023.

Acts 1983, No. 160, § 2; A.S.A. 1947, § 78-1902.
Ark. Code Ann. § 2-16-901 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-901
Pest Control Compact
Status: in_force

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: Article I Findings The party states find that: (a) In the absence of the higher degree of cooperation among them possible under this Compact, the annual loss of approximately 137 billion dollars from the depredations of pests is virtually certain to continue, if not to increase. (b) Because of the varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them. (c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other's activities when faced with conditions of infestation and reinfestation. (d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crops and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interest, the most equitable means of financing cooperative pest eradication and control programs. Article II Definitions As used in this Compact, unless the context clearly requires a different construction: (a) "State" means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) "Requesting state" means a state which invokes the procedures of the Compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states. (c) "Responding state" means a state requested to undertake or intensify the measures referred to in subdivision (b) of this Article. (d) "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value. (e) "Insurance Fund" means the Pest Control Insurance Fund established pursuant to this Compact. (f) "Governing Board" means the administrators of this Compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this Compact. (g) "Executive committee" means the committee established pursuant to Article V (e) of this Compact. Article III The Insurance Fund There is hereby established a Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this Compact. The Insurance Fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this Compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this Compact. Article IV The Insurance Fund, Internal Operations and Management (a) The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and the Executive Committee pursuant to this Compact shall be deemed the actions of the Insurance Fund. (b) The members of the Governing Board shall be entitled to one vote on such board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board is cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members are present. (c) The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide. (d) The Governing Board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The Governing Board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund. (f) The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation. (g) The Insurance Fund may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize and dispose of the same. Any donation, gift, or grant accepted by the Governing Board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender. (h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and to rescind these bylaws. The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states. (i) The Insurance Fund annually shall make to the Governor and legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable. (j) In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this Compact. Article V Compact and Insurance Fund Administration (a) In each party state there shall be a Compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall: 1. Assist in the coordination of activities pursuant to the Compact in his state; and 2. Represent his state on the Governing Board of the Insurance Fund. (b) If the laws of the United States specifically so provide, or if administrative provision is made therefore within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or the Executive Committee thereof. (c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the Compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board. (d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications. (e) The Executive Committee shall be composed of the chairman of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The chairman of the Governing Board shall be chairman of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund. Article VI Assistance and Reimbursement (a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves: 1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this Compact. 2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this Compact. (b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested. (c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing: 1. A detailed statement of the circumstances which occasion the request for the invoking of the Compact. 2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state. 3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefore, in connection with the eradication, control, or prevention of introduction of the pest concerned. 4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity. 5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the Compact in the particular instance can be abated by a program undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time. 6. Such other information as the Governing Board may require consistent with the provisions of this Compact. (d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the Compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting. (e) Upon the submission as required by paragraph (c) of this Article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this Compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefore shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof. (f) A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within twenty days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize. (g) Responding states required to undertake or increase measures pursuant to this Compact may receive moneys from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof. (h) Before authorizing the expenditure of moneys from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation. (i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states, and any other entities concerned. Article VII Advisory and Technical Committees The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations upon request of the Governing Board or Executive Committee. An advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same: provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of the Compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application. Article VIII Relations with Nonparty Jurisdictions (a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this Article. (b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of this Compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee. (c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states. Article IX Finance (a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for a presentation to the legislature thereof. (b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The request for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products. (c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the "Operating Account" and the "Claims Account." The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The Claims Account shall contain all moneys not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the Claims Account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any moneys in the Claims Account by virtue of conditional donations, grants, or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of the claims. (d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with moneys available to it under Article IV (g) of this Compact, provided that the Governing Board take specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of moneys available to it under Article IV (g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same. (e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and report of the audit shall be included in and become part of the annual report of the Insurance Fund. (f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund. Article X Entry Into Force and Withdrawal (a) This Compact shall enter into force when enacted into law by any five or more states. Thereafter, this Compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Article XI Construction and Severability This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating herein the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. Amended by Act 2013, No. 1122,§ 2, eff. 8/16/2013. Acts 2009, No. 401, § 1.

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

Article I Findings The party states find that: (a) In the absence of the higher degree of cooperation among them possible under this Compact, the annual loss of approximately 137 billion dollars from the depredations of pests is virtually certain to continue, if not to increase. (b) Because of the varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them. (c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other's activities when faced with conditions of infestation and reinfestation. (d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crops and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interest, the most equitable means of financing cooperative pest eradication and control programs.

The party states find that:

(a) In the absence of the higher degree of cooperation among them possible under this Compact, the annual loss of approximately 137 billion dollars from the depredations of pests is virtually certain to continue, if not to increase.

(b) Because of the varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.

(c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other's activities when faced with conditions of infestation and reinfestation.

(d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crops and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interest, the most equitable means of financing cooperative pest eradication and control programs.

Article II Definitions As used in this Compact, unless the context clearly requires a different construction: (a) "State" means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) "Requesting state" means a state which invokes the procedures of the Compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states. (c) "Responding state" means a state requested to undertake or intensify the measures referred to in subdivision (b) of this Article. (d) "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value. (e) "Insurance Fund" means the Pest Control Insurance Fund established pursuant to this Compact. (f) "Governing Board" means the administrators of this Compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this Compact. (g) "Executive committee" means the committee established pursuant to Article V (e) of this Compact.

As used in this Compact, unless the context clearly requires a different construction:

(a) "State" means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(b) "Requesting state" means a state which invokes the procedures of the Compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.

(c) "Responding state" means a state requested to undertake or intensify the measures referred to in subdivision (b) of this Article.

(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value.

(e) "Insurance Fund" means the Pest Control Insurance Fund established pursuant to this Compact.

(f) "Governing Board" means the administrators of this Compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this Compact.

(g) "Executive committee" means the committee established pursuant to Article V (e) of this Compact.

Article III The Insurance Fund There is hereby established a Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this Compact. The Insurance Fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this Compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this Compact.

There is hereby established a Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this Compact. The Insurance Fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this Compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this Compact.

Article IV The Insurance Fund, Internal Operations and Management (a) The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and the Executive Committee pursuant to this Compact shall be deemed the actions of the Insurance Fund. (b) The members of the Governing Board shall be entitled to one vote on such board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board is cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members are present. (c) The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide. (d) The Governing Board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The Governing Board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund. (f) The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation. (g) The Insurance Fund may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize and dispose of the same. Any donation, gift, or grant accepted by the Governing Board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender. (h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and to rescind these bylaws. The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states. (i) The Insurance Fund annually shall make to the Governor and legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable. (j) In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this Compact.

(a) The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and the Executive Committee pursuant to this Compact shall be deemed the actions of the Insurance Fund.

(b) The members of the Governing Board shall be entitled to one vote on such board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board is cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members are present.

(c) The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide.

(d) The Governing Board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The Governing Board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate.

(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.

(f) The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation.

(g) The Insurance Fund may accept for any of its purposes and functions under this Compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, or corporation, and may receive, utilize and dispose of the same. Any donation, gift, or grant accepted by the Governing Board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant, or services borrowed and the identity of the donor or lender.

(h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and to rescind these bylaws. The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.

(i) The Insurance Fund annually shall make to the Governor and legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable.

(j) In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this Compact.

Article V Compact and Insurance Fund Administration (a) In each party state there shall be a Compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall: 1. Assist in the coordination of activities pursuant to the Compact in his state; and 2. Represent his state on the Governing Board of the Insurance Fund. (b) If the laws of the United States specifically so provide, or if administrative provision is made therefore within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or the Executive Committee thereof. (c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the Compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board. (d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications. (e) The Executive Committee shall be composed of the chairman of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The chairman of the Governing Board shall be chairman of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.

(a) In each party state there shall be a Compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall: 1. Assist in the coordination of activities pursuant to the Compact in his state; and 2. Represent his state on the Governing Board of the Insurance Fund.

1. Assist in the coordination of activities pursuant to the Compact in his state; and

2. Represent his state on the Governing Board of the Insurance Fund.

(b) If the laws of the United States specifically so provide, or if administrative provision is made therefore within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or the Executive Committee thereof.

(c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the Compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board.

(d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications.

(e) The Executive Committee shall be composed of the chairman of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The chairman of the Governing Board shall be chairman of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.

Article VI Assistance and Reimbursement (a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves: 1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this Compact. 2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this Compact. (b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested. (c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing: 1. A detailed statement of the circumstances which occasion the request for the invoking of the Compact. 2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state. 3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefore, in connection with the eradication, control, or prevention of introduction of the pest concerned. 4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity. 5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the Compact in the particular instance can be abated by a program undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time. 6. Such other information as the Governing Board may require consistent with the provisions of this Compact. (d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the Compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting. (e) Upon the submission as required by paragraph (c) of this Article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this Compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefore shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof. (f) A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within twenty days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize. (g) Responding states required to undertake or increase measures pursuant to this Compact may receive moneys from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof. (h) Before authorizing the expenditure of moneys from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation. (i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states, and any other entities concerned.

(a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves: 1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this Compact. 2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this Compact.

1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this Compact.

2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this Compact.

(b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested.

(c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing: 1. A detailed statement of the circumstances which occasion the request for the invoking of the Compact. 2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state. 3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefore, in connection with the eradication, control, or prevention of introduction of the pest concerned. 4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity. 5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the Compact in the particular instance can be abated by a program undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time. 6. Such other information as the Governing Board may require consistent with the provisions of this Compact.

1. A detailed statement of the circumstances which occasion the request for the invoking of the Compact.

2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass, or other plant having a substantial value to the requesting state.

3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefore, in connection with the eradication, control, or prevention of introduction of the pest concerned.

4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity.

5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the Compact in the particular instance can be abated by a program undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.

6. Such other information as the Governing Board may require consistent with the provisions of this Compact.

(d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the Compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.

(e) Upon the submission as required by paragraph (c) of this Article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this Compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefore shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.

(f) A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within twenty days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize.

(g) Responding states required to undertake or increase measures pursuant to this Compact may receive moneys from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.

(h) Before authorizing the expenditure of moneys from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.

(i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states, and any other entities concerned.

Article VII Advisory and Technical Committees The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations upon request of the Governing Board or Executive Committee. An advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same: provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of the Compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.

The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations upon request of the Governing Board or Executive Committee. An advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same: provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of the Compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.

Article VIII Relations with Nonparty Jurisdictions (a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this Article. (b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of this Compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee. (c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states.

(a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this Article.

(b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of this Compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee.

(c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states.

Article IX Finance (a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for a presentation to the legislature thereof. (b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The request for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products. (c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the "Operating Account" and the "Claims Account." The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The Claims Account shall contain all moneys not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the Claims Account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any moneys in the Claims Account by virtue of conditional donations, grants, or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of the claims. (d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with moneys available to it under Article IV (g) of this Compact, provided that the Governing Board take specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of moneys available to it under Article IV (g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same. (e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and report of the audit shall be included in and become part of the annual report of the Insurance Fund. (f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

(a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for a presentation to the legislature thereof.

(b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The request for appropriations shall be apportioned among the party states as follows: one-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.

(c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the "Operating Account" and the "Claims Account." The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The Claims Account shall contain all moneys not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the Claims Account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any moneys in the Claims Account by virtue of conditional donations, grants, or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of the claims.

(d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with moneys available to it under Article IV (g) of this Compact, provided that the Governing Board take specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of moneys available to it under Article IV (g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same.

(e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and report of the audit shall be included in and become part of the annual report of the Insurance Fund.

(f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

Article X Entry Into Force and Withdrawal (a) This Compact shall enter into force when enacted into law by any five or more states. Thereafter, this Compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

(a) This Compact shall enter into force when enacted into law by any five or more states. Thereafter, this Compact shall become effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article XI Construction and Severability This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating herein the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating herein the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Amended by Act 2013, No. 1122,§ 2, eff. 8/16/2013.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-33-308 — AR Code / Title 2 / Chapter 33 / Subchapter 3 / Section 2-33-308
Overtime compensation
Status: in_force

The Department of Agriculture is hereby authorized to pay ordinary, customary, and necessary overtime compensation in accordance with rules promulgated by the Chief Fiscal Officer of the State to those employees, including egg and poultry grader supervisors, engaged in the inspection and grading of eggs and poultry products under the Arkansas Livestock and Poultry Commission's Poultry and Egg Grading Program. Amended by Act 2019, No. 910,§ 30, eff. 7/1/2019. Acts 1989 (1st Ex. Sess.), No. 192, § 22.

The Department of Agriculture is hereby authorized to pay ordinary, customary, and necessary overtime compensation in accordance with rules promulgated by the Chief Fiscal Officer of the State to those employees, including egg and poultry grader supervisors, engaged in the inspection and grading of eggs and poultry products under the Arkansas Livestock and Poultry Commission's Poultry and Egg Grading Program.

Amended by Act 2019, No. 910,§ 30, eff. 7/1/2019.

Acts 1989 (1st Ex. Sess.), No. 192, § 22.
Ark. Code Ann. § 2-16-411 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-411
Unlawful actions - Exceptions
Status: in_force

(a) (1) It is unlawful for any person to distribute in this state any of the following: (A) Any pesticide which has not been registered under: (i) The provisions of this subchapter; or (ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; (B) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration. A change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect the change and if the change will not violate any provision of the Federal Insecticide, Fungicide, and Rodenticide Act or this subchapter; (C) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and the regulations adopted under this subchapter. The State Plant Board may designate that certain specified economic poisons may be sold by the manufacturers or dealers in bulk, in which case the label information required and any other statements required by this subchapter must be stated in or attached to the invoice. In addition, a copy of the invoice must be given to the purchaser at the time the economic poison is delivered; (D) Any pesticide which has not been colored or discolored under the provisions of § 2-16-406(a)(4) or of Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(5) ; (E) Any pesticide which is adulterated or misbranded or any device which is misbranded; and (F) Any pesticide in containers which are unsafe due to damage. (2) However, this subsection shall not apply to: (A) Any carrier while lawfully engaged in transporting a pesticide within this state if the carrier shall, upon request, permit the board to copy all records showing the transactions in and movement of the pesticides or devices; (B) Public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research; (C) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental-use permit as provided for by § 2-16-409 or by the United States Environmental Protection Agency; or (D) Any person who ships a substance or mixture of substances being put through tests, in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties, from which the user does not expect to receive any benefit in pest control from its use. (b) It shall be unlawful for any person to: (1) Detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this subchapter or in regulations adopted under this subchapter or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of this subchapter or the regulations adopted hereunder; (2) Use for his or her own advantage or to reveal, other than to the board, to properly designated state or federal officials, to employees of the state or federal executive agencies, to the courts of the state in response to a subpoena, to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of § 2-16-407 or any information judged by the board as containing or relating to trade secrets or commercial or financial information obtained by authority of this subchapter and marked as privileged or confidential by the registrant; (3) Handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his or her environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with the pesticides; (4) Dispose of, discard, or store any pesticides or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any water supply or waterway; or (5) Refuse or otherwise fail to comply with the provisions of this subchapter, the regulations adopted hereunder, or any lawful order of the board. (c) No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The board may promulgate rules and regulations governing the storing and disposal of pesticides or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency. (d) No pesticide or device shall be deemed in violation of this subchapter when intended solely for export to a foreign country, and when prepared or packed according to the specification or directions of the purchaser. If not so exported, all the provisions of this subchapter shall apply. Acts 1975, No. 410, §§ 10, 11; A.S.A. 1947, §§ 77-236, 77-237.

(a) (1) It is unlawful for any person to distribute in this state any of the following: (A) Any pesticide which has not been registered under: (i) The provisions of this subchapter; or (ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; (B) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration. A change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect the change and if the change will not violate any provision of the Federal Insecticide, Fungicide, and Rodenticide Act or this subchapter; (C) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and the regulations adopted under this subchapter. The State Plant Board may designate that certain specified economic poisons may be sold by the manufacturers or dealers in bulk, in which case the label information required and any other statements required by this subchapter must be stated in or attached to the invoice. In addition, a copy of the invoice must be given to the purchaser at the time the economic poison is delivered; (D) Any pesticide which has not been colored or discolored under the provisions of § 2-16-406(a)(4) or of Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(5) ; (E) Any pesticide which is adulterated or misbranded or any device which is misbranded; and (F) Any pesticide in containers which are unsafe due to damage. (2) However, this subsection shall not apply to: (A) Any carrier while lawfully engaged in transporting a pesticide within this state if the carrier shall, upon request, permit the board to copy all records showing the transactions in and movement of the pesticides or devices; (B) Public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research; (C) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental-use permit as provided for by § 2-16-409 or by the United States Environmental Protection Agency; or (D) Any person who ships a substance or mixture of substances being put through tests, in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties, from which the user does not expect to receive any benefit in pest control from its use.

(1) It is unlawful for any person to distribute in this state any of the following: (A) Any pesticide which has not been registered under: (i) The provisions of this subchapter; or (ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; (B) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration. A change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect the change and if the change will not violate any provision of the Federal Insecticide, Fungicide, and Rodenticide Act or this subchapter; (C) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and the regulations adopted under this subchapter. The State Plant Board may designate that certain specified economic poisons may be sold by the manufacturers or dealers in bulk, in which case the label information required and any other statements required by this subchapter must be stated in or attached to the invoice. In addition, a copy of the invoice must be given to the purchaser at the time the economic poison is delivered; (D) Any pesticide which has not been colored or discolored under the provisions of § 2-16-406(a)(4) or of Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(5) ; (E) Any pesticide which is adulterated or misbranded or any device which is misbranded; and (F) Any pesticide in containers which are unsafe due to damage.

(A) Any pesticide which has not been registered under: (i) The provisions of this subchapter; or (ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;

(i) The provisions of this subchapter; or

(ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.;

(B) Any pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration. A change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect the change and if the change will not violate any provision of the Federal Insecticide, Fungicide, and Rodenticide Act or this subchapter;

(C) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package if there is one through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and the regulations adopted under this subchapter. The State Plant Board may designate that certain specified economic poisons may be sold by the manufacturers or dealers in bulk, in which case the label information required and any other statements required by this subchapter must be stated in or attached to the invoice. In addition, a copy of the invoice must be given to the purchaser at the time the economic poison is delivered;

(D) Any pesticide which has not been colored or discolored under the provisions of § 2-16-406(a)(4) or of Section 25(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(5) ;

(E) Any pesticide which is adulterated or misbranded or any device which is misbranded; and

(F) Any pesticide in containers which are unsafe due to damage.

(2) However, this subsection shall not apply to: (A) Any carrier while lawfully engaged in transporting a pesticide within this state if the carrier shall, upon request, permit the board to copy all records showing the transactions in and movement of the pesticides or devices; (B) Public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research; (C) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental-use permit as provided for by § 2-16-409 or by the United States Environmental Protection Agency; or (D) Any person who ships a substance or mixture of substances being put through tests, in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties, from which the user does not expect to receive any benefit in pest control from its use.

(A) Any carrier while lawfully engaged in transporting a pesticide within this state if the carrier shall, upon request, permit the board to copy all records showing the transactions in and movement of the pesticides or devices;

(B) Public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or regulations or while engaged in pesticide research;

(C) The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides if the manufacturer or shipper holds a valid experimental-use permit as provided for by § 2-16-409 or by the United States Environmental Protection Agency; or

(D) Any person who ships a substance or mixture of substances being put through tests, in which the purpose is only to determine its value for pesticide purposes or to determine its toxicity or other properties, from which the user does not expect to receive any benefit in pest control from its use.

(b) It shall be unlawful for any person to: (1) Detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this subchapter or in regulations adopted under this subchapter or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of this subchapter or the regulations adopted hereunder; (2) Use for his or her own advantage or to reveal, other than to the board, to properly designated state or federal officials, to employees of the state or federal executive agencies, to the courts of the state in response to a subpoena, to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of § 2-16-407 or any information judged by the board as containing or relating to trade secrets or commercial or financial information obtained by authority of this subchapter and marked as privileged or confidential by the registrant; (3) Handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his or her environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with the pesticides; (4) Dispose of, discard, or store any pesticides or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any water supply or waterway; or (5) Refuse or otherwise fail to comply with the provisions of this subchapter, the regulations adopted hereunder, or any lawful order of the board.

(1) Detach, alter, deface, or destroy, wholly or in part, any label or labeling provided for in this subchapter or in regulations adopted under this subchapter or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of this subchapter or the regulations adopted hereunder;

(2) Use for his or her own advantage or to reveal, other than to the board, to properly designated state or federal officials, to employees of the state or federal executive agencies, to the courts of the state in response to a subpoena, to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of § 2-16-407 or any information judged by the board as containing or relating to trade secrets or commercial or financial information obtained by authority of this subchapter and marked as privileged or confidential by the registrant;

(3) Handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his or her environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with the pesticides;

(4) Dispose of, discard, or store any pesticides or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any water supply or waterway; or

(5) Refuse or otherwise fail to comply with the provisions of this subchapter, the regulations adopted hereunder, or any lawful order of the board.

(c) No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The board may promulgate rules and regulations governing the storing and disposal of pesticides or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency.

(d) No pesticide or device shall be deemed in violation of this subchapter when intended solely for export to a foreign country, and when prepared or packed according to the specification or directions of the purchaser. If not so exported, all the provisions of this subchapter shall apply.

Acts 1975, No. 410, §§ 10, 11; A.S.A. 1947, §§ 77-236, 77-237.
Ark. Code Ann. § 2-2-121 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-121
Existing entities may participate
Status: in_force

(a) (1) Any corporation or association organized under previously existing statutes for purposes authorized in this subchapter, which are otherwise eligible under the provisions of this subchapter, may be brought under the provisions of this subchapter by a majority vote of its stockholders or members. (2) (A) It shall make out in duplicate a statement signed and sworn to by the president or vice president and secretary to the effect that the corporation or association has decided, by a majority vote of its stockholders or members, to accept the benefits and be bound by the provisions of this subchapter. The statement shall be filed with the charter or articles of association. (B) The charter or articles of association of the corporation or association shall be amended, if necessary, to comply with the provisions of this subchapter. The charter or articles of association shall be filed as required in this subchapter, except that they shall be signed by a majority of the members of the board of directors. (b) The bylaws of the corporation or association shall also be amended, if necessary, to comply with the provisions of this subchapter. (c) The filing fee for filing the statement and charter or articles of association shall be the same as for filing an amendment to the articles of association. Acts 1939, No. 153, § 20; A.S.A. 1947, § 77-1020.

(a) (1) Any corporation or association organized under previously existing statutes for purposes authorized in this subchapter, which are otherwise eligible under the provisions of this subchapter, may be brought under the provisions of this subchapter by a majority vote of its stockholders or members. (2) (A) It shall make out in duplicate a statement signed and sworn to by the president or vice president and secretary to the effect that the corporation or association has decided, by a majority vote of its stockholders or members, to accept the benefits and be bound by the provisions of this subchapter. The statement shall be filed with the charter or articles of association. (B) The charter or articles of association of the corporation or association shall be amended, if necessary, to comply with the provisions of this subchapter. The charter or articles of association shall be filed as required in this subchapter, except that they shall be signed by a majority of the members of the board of directors.

(1) Any corporation or association organized under previously existing statutes for purposes authorized in this subchapter, which are otherwise eligible under the provisions of this subchapter, may be brought under the provisions of this subchapter by a majority vote of its stockholders or members.

(2) (A) It shall make out in duplicate a statement signed and sworn to by the president or vice president and secretary to the effect that the corporation or association has decided, by a majority vote of its stockholders or members, to accept the benefits and be bound by the provisions of this subchapter. The statement shall be filed with the charter or articles of association. (B) The charter or articles of association of the corporation or association shall be amended, if necessary, to comply with the provisions of this subchapter. The charter or articles of association shall be filed as required in this subchapter, except that they shall be signed by a majority of the members of the board of directors.

(A) It shall make out in duplicate a statement signed and sworn to by the president or vice president and secretary to the effect that the corporation or association has decided, by a majority vote of its stockholders or members, to accept the benefits and be bound by the provisions of this subchapter. The statement shall be filed with the charter or articles of association.

(B) The charter or articles of association of the corporation or association shall be amended, if necessary, to comply with the provisions of this subchapter. The charter or articles of association shall be filed as required in this subchapter, except that they shall be signed by a majority of the members of the board of directors.

(b) The bylaws of the corporation or association shall also be amended, if necessary, to comply with the provisions of this subchapter.

(c) The filing fee for filing the statement and charter or articles of association shall be the same as for filing an amendment to the articles of association.

Acts 1939, No. 153, § 20; A.S.A. 1947, § 77-1020.
Ark. Code Ann. § 2-40-106 — AR Code / Title 2 / Chapter 40 / Subchapter 1 / Section 2-40-106
Examinations and findings
Status: in_force

(a) (1) Any veterinary inspector or other employee duly authorized by the Arkansas Livestock and Poultry Commission shall have the privilege of entering upon any property or premises in this state for the purpose of examining or testing animals which he or she has reason to believe are affected with a contagious or infectious disease so as to constitute a menace to the livestock and poultry of the community. (2) He or she may call on one (1) or more peace officers. It shall be their duty to give him or her all assistance in their power. (b) (1) When ordered by the State Veterinarian, owners or persons in charge of animals shall assemble them at a designated time and place for the purpose of examining, testing, treating, necropsy, disinfecting, or for any other purpose. (2) (A) If after examination of suspected animals the veterinary inspector shall find them to be affected with any reportable disease, he or she shall furnish the owner or person in charge of the animals with a report of his or her findings and with a copy of the existing law and rules of the commission in regard to the disease. (B) Any person who, after notification, shall fail to comply with the rules shall be guilty of an administrative penalty. He or she shall also be liable for damages to others due to infection from his or her stock. Amended by Act 2017, No. 1011,§ 41, eff. 8/1/2017. Acts 1907, No. 409, §§ 3, 5, p. 1043; C. & M. Dig., §§ 350, 352; Acts 1929, No. 84, § 3; Pope's Dig., §§ 374, 377; A.S.A. 1947, §§ 78-403, 78-405.

(a) (1) Any veterinary inspector or other employee duly authorized by the Arkansas Livestock and Poultry Commission shall have the privilege of entering upon any property or premises in this state for the purpose of examining or testing animals which he or she has reason to believe are affected with a contagious or infectious disease so as to constitute a menace to the livestock and poultry of the community. (2) He or she may call on one (1) or more peace officers. It shall be their duty to give him or her all assistance in their power.

(1) Any veterinary inspector or other employee duly authorized by the Arkansas Livestock and Poultry Commission shall have the privilege of entering upon any property or premises in this state for the purpose of examining or testing animals which he or she has reason to believe are affected with a contagious or infectious disease so as to constitute a menace to the livestock and poultry of the community.

(2) He or she may call on one (1) or more peace officers. It shall be their duty to give him or her all assistance in their power.

(b) (1) When ordered by the State Veterinarian, owners or persons in charge of animals shall assemble them at a designated time and place for the purpose of examining, testing, treating, necropsy, disinfecting, or for any other purpose. (2) (A) If after examination of suspected animals the veterinary inspector shall find them to be affected with any reportable disease, he or she shall furnish the owner or person in charge of the animals with a report of his or her findings and with a copy of the existing law and rules of the commission in regard to the disease. (B) Any person who, after notification, shall fail to comply with the rules shall be guilty of an administrative penalty. He or she shall also be liable for damages to others due to infection from his or her stock.

(1) When ordered by the State Veterinarian, owners or persons in charge of animals shall assemble them at a designated time and place for the purpose of examining, testing, treating, necropsy, disinfecting, or for any other purpose.

(2) (A) If after examination of suspected animals the veterinary inspector shall find them to be affected with any reportable disease, he or she shall furnish the owner or person in charge of the animals with a report of his or her findings and with a copy of the existing law and rules of the commission in regard to the disease. (B) Any person who, after notification, shall fail to comply with the rules shall be guilty of an administrative penalty. He or she shall also be liable for damages to others due to infection from his or her stock.

(A) If after examination of suspected animals the veterinary inspector shall find them to be affected with any reportable disease, he or she shall furnish the owner or person in charge of the animals with a report of his or her findings and with a copy of the existing law and rules of the commission in regard to the disease.

(B) Any person who, after notification, shall fail to comply with the rules shall be guilty of an administrative penalty. He or she shall also be liable for damages to others due to infection from his or her stock.

Amended by Act 2017, No. 1011,§ 41, eff. 8/1/2017.

Acts 1907, No. 409, §§ 3, 5, p. 1043; C. & M. Dig., §§ 350, 352; Acts 1929, No. 84, § 3; Pope's Dig., §§ 374, 377; A.S.A. 1947, §§ 78-403, 78-405.
Ark. Code Ann. § 2-20-109 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-109
Suspension or revocation of licenses
Status: in_force

(a) The Director of the State Plant Board may designate any competent inspector or other employee or agent of the State Plant Board and, upon satisfactory evidence of competency, may license any other person, and charge and collect a reasonable fee for the license, to inspect or classify agricultural products in accordance with such rules as the board may prescribe at such places as the volume of business may be found to warrant the furnishing of inspection service, at the request of persons having an interest in products and to ascertain and certify the grade, classification, quality, or condition thereof, and such other pertinent facts as the board may require. (b) (1) The board is authorized to fix, assess, and collect or cause to be collected fees for services when they are performed by inspectors, employees, or agents of the board. (2) Licensed inspectors may charge and collect as compensation for services only such fees as may be approved by the board. (c) (1) The director may suspend or revoke any license whenever, after an opportunity for hearing has been afforded to the licensee, the director shall determine that the licensee is incompetent, or has knowingly or carelessly failed to grade or classify any agricultural product in accordance with such standards, or has knowingly or carelessly failed to correctly certify the grade, classification, quality, or condition of any agricultural product, or has violated any provision of this subchapter, or of the rules made pursuant thereto. (2) Pending investigations, the director may suspend a licensee temporarily without a hearing. Acts 1925, No. 218, § 6; Pope's Dig., § 12389; A.S.A. 1947, § 77-506.

(a) The Director of the State Plant Board may designate any competent inspector or other employee or agent of the State Plant Board and, upon satisfactory evidence of competency, may license any other person, and charge and collect a reasonable fee for the license, to inspect or classify agricultural products in accordance with such rules as the board may prescribe at such places as the volume of business may be found to warrant the furnishing of inspection service, at the request of persons having an interest in products and to ascertain and certify the grade, classification, quality, or condition thereof, and such other pertinent facts as the board may require.

(b) (1) The board is authorized to fix, assess, and collect or cause to be collected fees for services when they are performed by inspectors, employees, or agents of the board. (2) Licensed inspectors may charge and collect as compensation for services only such fees as may be approved by the board.

(1) The board is authorized to fix, assess, and collect or cause to be collected fees for services when they are performed by inspectors, employees, or agents of the board.

(2) Licensed inspectors may charge and collect as compensation for services only such fees as may be approved by the board.

(c) (1) The director may suspend or revoke any license whenever, after an opportunity for hearing has been afforded to the licensee, the director shall determine that the licensee is incompetent, or has knowingly or carelessly failed to grade or classify any agricultural product in accordance with such standards, or has knowingly or carelessly failed to correctly certify the grade, classification, quality, or condition of any agricultural product, or has violated any provision of this subchapter, or of the rules made pursuant thereto. (2) Pending investigations, the director may suspend a licensee temporarily without a hearing.

(1) The director may suspend or revoke any license whenever, after an opportunity for hearing has been afforded to the licensee, the director shall determine that the licensee is incompetent, or has knowingly or carelessly failed to grade or classify any agricultural product in accordance with such standards, or has knowingly or carelessly failed to correctly certify the grade, classification, quality, or condition of any agricultural product, or has violated any provision of this subchapter, or of the rules made pursuant thereto.

(2) Pending investigations, the director may suspend a licensee temporarily without a hearing.

Acts 1925, No. 218, § 6; Pope's Dig., § 12389; A.S.A. 1947, § 77-506.
Ark. Code Ann. § 2-22-104 — AR Code / Title 2 / Chapter 22 / Section 2-22-104
Administration
Status: in_force

The State Plant Board is vested with the authority to carry out the provisions of this chapter through the Director of the State Plant Board, State Apiarist, section head, and deputies. Acts 1977, No. 161, § 1; A.S.A. 1947, § 78-1725.

The State Plant Board is vested with the authority to carry out the provisions of this chapter through the Director of the State Plant Board, State Apiarist, section head, and deputies.

Acts 1977, No. 161, § 1; A.S.A. 1947, § 78-1725.
Ark. Code Ann. § 2-36-204 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-204
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 4, eff. 7/28/2021. Acts 1973, No. 317, § 5; A.S.A. 1947, § 78-1614.

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

Acts 1973, No. 317, § 5; A.S.A. 1947, § 78-1614.
Ark. Code Ann. § 2-2-106 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-106
Powers
Status: in_force

Each association incorporated under this subchapter shall have the following powers: (1) To engage in any activity in connection with any agricultural or related activity, including, but without limitation, any activity in connection with the producing, marketing, selling, harvesting, dairying, preserving, drying, processing, canning, packing, milling, ginning, compressing, storing, transporting, handling, or utilization of any agricultural or forestry products produced by it or delivered to it by its members or others; with the manufacturing or marketing of the by-products thereof; in connection with the purchase, hiring, or use by it or its members or others of supplies, machinery, or equipment; in the acquisition or improvement of land; in the construction or maintenance of houses, barns, sheds, or facilities for its use or the use of its members; for indemnifying or replacing damaged, lost, or destroyed livestock or other tangible personal property pertaining to agriculture belonging to its members; in burial activities; or the furnishing of medical, dental, health, hospitalization, nursing, or any related services, or medicines or medical supplies to its members and their families; (2) To borrow money and to make advances to members; (3) (A) To establish funds in pools for the purposes of indemnifying or replacing damaged, lost, or destroyed livestock or other tangible personal property pertaining to agriculture belonging to members. (B) Associations organized under this subchapter which shall engage in the activities enumerated in this subdivision (3) shall not be deemed to be insurance companies and shall not be subject to the insurance laws of Arkansas; (4) To purchase or otherwise acquire and to hold, own, and exercise all rights of ownership in, and to sell, transfer, or pledge or guarantee the payment of dividends or interest on, or the retirement or redemption of shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the production, warehousing, handling, or marketing of any of the products of the type handled by the association; (5) To establish reserves and to invest those funds in bonds or such other property as may be provided in the bylaws; (6) To purchase or otherwise acquire or to buy, hold, and exercise all privileges of ownership or tenancy over such real and personal property as may be necessary or convenient for the conducting and operating of any of the business of the association or incidental thereto; (7) (A) To arrange medical, dental, health, surgical, nursing, hospitalization, and related services and benefits for the members and families of the members. (B) Associations organized under this subchapter for the purposes specified in this subdivision (7) shall not be deemed to be insurance companies and shall not be subject to the insurance laws of Arkansas; (8) (A) To do each and every thing necessary, suitable, or proper for the accomplishment of any of the purposes or the attainment of any one (1) or more of the objects enumerated in this section, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly. (B) In addition, to exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged, and to do any such thing anywhere; (9) To contract and to sue and be sued; and (10) To act as agent or representative of any members or others in any of the activities enumerated in this section. Acts 1939, No. 153, § 6; A.S.A. 1947, § 77-1006.

Each association incorporated under this subchapter shall have the following powers:

(1) To engage in any activity in connection with any agricultural or related activity, including, but without limitation, any activity in connection with the producing, marketing, selling, harvesting, dairying, preserving, drying, processing, canning, packing, milling, ginning, compressing, storing, transporting, handling, or utilization of any agricultural or forestry products produced by it or delivered to it by its members or others; with the manufacturing or marketing of the by-products thereof; in connection with the purchase, hiring, or use by it or its members or others of supplies, machinery, or equipment; in the acquisition or improvement of land; in the construction or maintenance of houses, barns, sheds, or facilities for its use or the use of its members; for indemnifying or replacing damaged, lost, or destroyed livestock or other tangible personal property pertaining to agriculture belonging to its members; in burial activities; or the furnishing of medical, dental, health, hospitalization, nursing, or any related services, or medicines or medical supplies to its members and their families;

(2) To borrow money and to make advances to members;

(3) (A) To establish funds in pools for the purposes of indemnifying or replacing damaged, lost, or destroyed livestock or other tangible personal property pertaining to agriculture belonging to members. (B) Associations organized under this subchapter which shall engage in the activities enumerated in this subdivision (3) shall not be deemed to be insurance companies and shall not be subject to the insurance laws of Arkansas;

(A) To establish funds in pools for the purposes of indemnifying or replacing damaged, lost, or destroyed livestock or other tangible personal property pertaining to agriculture belonging to members.

(B) Associations organized under this subchapter which shall engage in the activities enumerated in this subdivision (3) shall not be deemed to be insurance companies and shall not be subject to the insurance laws of Arkansas;

(4) To purchase or otherwise acquire and to hold, own, and exercise all rights of ownership in, and to sell, transfer, or pledge or guarantee the payment of dividends or interest on, or the retirement or redemption of shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the production, warehousing, handling, or marketing of any of the products of the type handled by the association;

(5) To establish reserves and to invest those funds in bonds or such other property as may be provided in the bylaws;

(6) To purchase or otherwise acquire or to buy, hold, and exercise all privileges of ownership or tenancy over such real and personal property as may be necessary or convenient for the conducting and operating of any of the business of the association or incidental thereto;

(7) (A) To arrange medical, dental, health, surgical, nursing, hospitalization, and related services and benefits for the members and families of the members. (B) Associations organized under this subchapter for the purposes specified in this subdivision (7) shall not be deemed to be insurance companies and shall not be subject to the insurance laws of Arkansas;

(A) To arrange medical, dental, health, surgical, nursing, hospitalization, and related services and benefits for the members and families of the members.

(B) Associations organized under this subchapter for the purposes specified in this subdivision (7) shall not be deemed to be insurance companies and shall not be subject to the insurance laws of Arkansas;

(8) (A) To do each and every thing necessary, suitable, or proper for the accomplishment of any of the purposes or the attainment of any one (1) or more of the objects enumerated in this section, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly. (B) In addition, to exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged, and to do any such thing anywhere;

(A) To do each and every thing necessary, suitable, or proper for the accomplishment of any of the purposes or the attainment of any one (1) or more of the objects enumerated in this section, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly.

(B) In addition, to exercise and possess all powers, rights, and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged, and to do any such thing anywhere;

(9) To contract and to sue and be sued; and

(10) To act as agent or representative of any members or others in any of the activities enumerated in this section.

Acts 1939, No. 153, § 6; A.S.A. 1947, § 77-1006.
Ark. Code Ann. § 2-16-612 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-612
Certification of cotton growers' organization - Requirements
Status: in_force

(a) The Department of Agriculture may certify a cotton growers' organization for the purpose of entering into agreements with the State of Arkansas, other states, the United States Government, and such other parties as may be necessary to carry out the purposes of this subchapter. (b) (1) In order to be eligible for certification by the department, the cotton growers' organization must demonstrate to the satisfaction of the department that: (A) It is a nonprofit organization and could qualify as a tax-exempt organization under § 501(a) of the Internal Revenue Code of 1986, as amended; and (B) Membership in the organization shall consist of all cotton growers in an eradication zone. (2) The organization shall have only one (1) class of members with each member entitled to only one (1) vote. (c) The organization's board of directors shall be composed as follows: (1) At least five (5) but no more than seven (7) practical cotton growers, actively or principally engaged, currently or previously, in the production of cotton, to be appointed by the Governor and confirmed by the Senate; (2) The cotton grower member of the State Plant Board, as designated in § 2-16-206(a)(2) ; and (3) The cochairs of the University of Arkansas Boll Weevil Eradication Technical Advisory Committee will serve as ex officio members of the cotton growers' organization board to serve in an advisory capacity. (d) (1) All books and records of accounts and minutes of proceedings of the organization shall be available for inspection or audit by the State Plant Board at any reasonable time. (2) Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the department. (e) (1) In addition to any authority granted the certified cotton growers' organization, the organization may borrow funds from any bona fide lender, including any state entity or authority, instruct the Arkansas Development Finance Authority to issue bonds under § 15-5-101 et seq., or to issue bonds in any other appropriate manner, any of which credit arrangements may be secured by a pledge of funds derived from assessments against cotton grower members of the organization. (2) (A) Any funds borrowed and any funds derived from the sale of bonds shall be used exclusively for funding a boll weevil suppression or eradication program. (B) Funds derived from assessments against cotton grower members of the organization shall be used to pay the operating expenses of the boll weevil suppression or eradication program and to repay any loans or obligations incurred by the boll weevil suppression or eradication program. (f) (1) Upon being certified as the certified cotton growers' organization under this subchapter, the certified cotton growers' organization and its board of directors are granted all the immunities and protections allowed under § 16-120-701 et seq., notwithstanding the requirements of § 16-120-702(a) . (2) The certified cotton growers' organization may indemnify its directors against liability incurred in connection with their duties as board members. (g) (1) In order for a cotton growers' organization to maintain certification by the department, it shall provide that its board of directors serve five-year terms of office except that on July 1, 2023, the terms shall be staggered so that, to the extent possible, an equal number of members' terms shall expire each year. (2) Members of the board of directors may succeed themselves. (3) (A) Within the parameters of subdivision (g)(3)(B) of this section, the cotton growers' organization shall ensure that the five (5) eradication zones as they existed on January 1, 2023, are represented on the board of directors in proportion to the number of acres of cotton planted in each zone using the prior three (3) years' average acreage to determine the proportional representation. (B) Beginning July 1, 2023, the cotton growers' organization board of directors shall be composed of: (i) One (1) member who resides within the Southeast Boll Weevil Eradication Zone as it existed on January 1, 2023; (ii) One (1) member who resides within the Southwest Boll Weevil Eradication Zone as it existed on January 1, 2023; (iii) One (1) member who resides within the Central Boll Weevil Eradication Zone as it existed on January 1, 2023; (iv) One (1) member who resides within the Northeast Ridge Boll Weevil Eradication Zone as it existed on January 1, 2023; (v) One (1) member who resides in the Northeast Delta Boll Weevil Eradication Zone as it existed on January 1, 2023; and (vi) Up to two (2) additional members under subdivision (c)(1) of this section, if at the discretion of the Governor, he or she deems it to be in the best interest of the State of Arkansas to appoint additional members. (4) As vacancies occur, or in case of additional appointments under subdivisions (c)(1) and (g)(3)(B)(vi) of this section, they shall be filled in a manner that will, to the extent possible, ensure the proportional representation required in subdivision (g)(3)(A) of this section. (h) The board of directors of the certified cotton growers' organization shall be a subcommittee of the State Plant Board. Amended by Act 2023, No. 691,§ 26, eff. 7/1/2023. Acts 1991, No. 710, § 12; 1993, No. 854, § 3; 1995, No. 529, § 1; 1997, No. 330, §§ 5, 6; 2003, No. 1726, § 1.

(a) The Department of Agriculture may certify a cotton growers' organization for the purpose of entering into agreements with the State of Arkansas, other states, the United States Government, and such other parties as may be necessary to carry out the purposes of this subchapter.

(b) (1) In order to be eligible for certification by the department, the cotton growers' organization must demonstrate to the satisfaction of the department that: (A) It is a nonprofit organization and could qualify as a tax-exempt organization under § 501(a) of the Internal Revenue Code of 1986, as amended; and (B) Membership in the organization shall consist of all cotton growers in an eradication zone. (2) The organization shall have only one (1) class of members with each member entitled to only one (1) vote.

(1) In order to be eligible for certification by the department, the cotton growers' organization must demonstrate to the satisfaction of the department that: (A) It is a nonprofit organization and could qualify as a tax-exempt organization under § 501(a) of the Internal Revenue Code of 1986, as amended; and (B) Membership in the organization shall consist of all cotton growers in an eradication zone.

(A) It is a nonprofit organization and could qualify as a tax-exempt organization under § 501(a) of the Internal Revenue Code of 1986, as amended; and

(B) Membership in the organization shall consist of all cotton growers in an eradication zone.

(2) The organization shall have only one (1) class of members with each member entitled to only one (1) vote.

(c) The organization's board of directors shall be composed as follows: (1) At least five (5) but no more than seven (7) practical cotton growers, actively or principally engaged, currently or previously, in the production of cotton, to be appointed by the Governor and confirmed by the Senate; (2) The cotton grower member of the State Plant Board, as designated in § 2-16-206(a)(2) ; and (3) The cochairs of the University of Arkansas Boll Weevil Eradication Technical Advisory Committee will serve as ex officio members of the cotton growers' organization board to serve in an advisory capacity.

(1) At least five (5) but no more than seven (7) practical cotton growers, actively or principally engaged, currently or previously, in the production of cotton, to be appointed by the Governor and confirmed by the Senate;

(2) The cotton grower member of the State Plant Board, as designated in § 2-16-206(a)(2) ; and

(3) The cochairs of the University of Arkansas Boll Weevil Eradication Technical Advisory Committee will serve as ex officio members of the cotton growers' organization board to serve in an advisory capacity.

(d) (1) All books and records of accounts and minutes of proceedings of the organization shall be available for inspection or audit by the State Plant Board at any reasonable time. (2) Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the department.

(1) All books and records of accounts and minutes of proceedings of the organization shall be available for inspection or audit by the State Plant Board at any reasonable time.

(2) Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the department.

(e) (1) In addition to any authority granted the certified cotton growers' organization, the organization may borrow funds from any bona fide lender, including any state entity or authority, instruct the Arkansas Development Finance Authority to issue bonds under § 15-5-101 et seq., or to issue bonds in any other appropriate manner, any of which credit arrangements may be secured by a pledge of funds derived from assessments against cotton grower members of the organization. (2) (A) Any funds borrowed and any funds derived from the sale of bonds shall be used exclusively for funding a boll weevil suppression or eradication program. (B) Funds derived from assessments against cotton grower members of the organization shall be used to pay the operating expenses of the boll weevil suppression or eradication program and to repay any loans or obligations incurred by the boll weevil suppression or eradication program.

(1) In addition to any authority granted the certified cotton growers' organization, the organization may borrow funds from any bona fide lender, including any state entity or authority, instruct the Arkansas Development Finance Authority to issue bonds under § 15-5-101 et seq., or to issue bonds in any other appropriate manner, any of which credit arrangements may be secured by a pledge of funds derived from assessments against cotton grower members of the organization.

(2) (A) Any funds borrowed and any funds derived from the sale of bonds shall be used exclusively for funding a boll weevil suppression or eradication program. (B) Funds derived from assessments against cotton grower members of the organization shall be used to pay the operating expenses of the boll weevil suppression or eradication program and to repay any loans or obligations incurred by the boll weevil suppression or eradication program.

(A) Any funds borrowed and any funds derived from the sale of bonds shall be used exclusively for funding a boll weevil suppression or eradication program.

(B) Funds derived from assessments against cotton grower members of the organization shall be used to pay the operating expenses of the boll weevil suppression or eradication program and to repay any loans or obligations incurred by the boll weevil suppression or eradication program.

(f) (1) Upon being certified as the certified cotton growers' organization under this subchapter, the certified cotton growers' organization and its board of directors are granted all the immunities and protections allowed under § 16-120-701 et seq., notwithstanding the requirements of § 16-120-702(a) . (2) The certified cotton growers' organization may indemnify its directors against liability incurred in connection with their duties as board members.

(1) Upon being certified as the certified cotton growers' organization under this subchapter, the certified cotton growers' organization and its board of directors are granted all the immunities and protections allowed under § 16-120-701 et seq., notwithstanding the requirements of § 16-120-702(a) .

(2) The certified cotton growers' organization may indemnify its directors against liability incurred in connection with their duties as board members.

(g) (1) In order for a cotton growers' organization to maintain certification by the department, it shall provide that its board of directors serve five-year terms of office except that on July 1, 2023, the terms shall be staggered so that, to the extent possible, an equal number of members' terms shall expire each year. (2) Members of the board of directors may succeed themselves. (3) (A) Within the parameters of subdivision (g)(3)(B) of this section, the cotton growers' organization shall ensure that the five (5) eradication zones as they existed on January 1, 2023, are represented on the board of directors in proportion to the number of acres of cotton planted in each zone using the prior three (3) years' average acreage to determine the proportional representation. (B) Beginning July 1, 2023, the cotton growers' organization board of directors shall be composed of: (i) One (1) member who resides within the Southeast Boll Weevil Eradication Zone as it existed on January 1, 2023; (ii) One (1) member who resides within the Southwest Boll Weevil Eradication Zone as it existed on January 1, 2023; (iii) One (1) member who resides within the Central Boll Weevil Eradication Zone as it existed on January 1, 2023; (iv) One (1) member who resides within the Northeast Ridge Boll Weevil Eradication Zone as it existed on January 1, 2023; (v) One (1) member who resides in the Northeast Delta Boll Weevil Eradication Zone as it existed on January 1, 2023; and (vi) Up to two (2) additional members under subdivision (c)(1) of this section, if at the discretion of the Governor, he or she deems it to be in the best interest of the State of Arkansas to appoint additional members. (4) As vacancies occur, or in case of additional appointments under subdivisions (c)(1) and (g)(3)(B)(vi) of this section, they shall be filled in a manner that will, to the extent possible, ensure the proportional representation required in subdivision (g)(3)(A) of this section.

(1) In order for a cotton growers' organization to maintain certification by the department, it shall provide that its board of directors serve five-year terms of office except that on July 1, 2023, the terms shall be staggered so that, to the extent possible, an equal number of members' terms shall expire each year.

(2) Members of the board of directors may succeed themselves.

(3) (A) Within the parameters of subdivision (g)(3)(B) of this section, the cotton growers' organization shall ensure that the five (5) eradication zones as they existed on January 1, 2023, are represented on the board of directors in proportion to the number of acres of cotton planted in each zone using the prior three (3) years' average acreage to determine the proportional representation. (B) Beginning July 1, 2023, the cotton growers' organization board of directors shall be composed of: (i) One (1) member who resides within the Southeast Boll Weevil Eradication Zone as it existed on January 1, 2023; (ii) One (1) member who resides within the Southwest Boll Weevil Eradication Zone as it existed on January 1, 2023; (iii) One (1) member who resides within the Central Boll Weevil Eradication Zone as it existed on January 1, 2023; (iv) One (1) member who resides within the Northeast Ridge Boll Weevil Eradication Zone as it existed on January 1, 2023; (v) One (1) member who resides in the Northeast Delta Boll Weevil Eradication Zone as it existed on January 1, 2023; and (vi) Up to two (2) additional members under subdivision (c)(1) of this section, if at the discretion of the Governor, he or she deems it to be in the best interest of the State of Arkansas to appoint additional members.

(A) Within the parameters of subdivision (g)(3)(B) of this section, the cotton growers' organization shall ensure that the five (5) eradication zones as they existed on January 1, 2023, are represented on the board of directors in proportion to the number of acres of cotton planted in each zone using the prior three (3) years' average acreage to determine the proportional representation.

(B) Beginning July 1, 2023, the cotton growers' organization board of directors shall be composed of: (i) One (1) member who resides within the Southeast Boll Weevil Eradication Zone as it existed on January 1, 2023; (ii) One (1) member who resides within the Southwest Boll Weevil Eradication Zone as it existed on January 1, 2023; (iii) One (1) member who resides within the Central Boll Weevil Eradication Zone as it existed on January 1, 2023; (iv) One (1) member who resides within the Northeast Ridge Boll Weevil Eradication Zone as it existed on January 1, 2023; (v) One (1) member who resides in the Northeast Delta Boll Weevil Eradication Zone as it existed on January 1, 2023; and (vi) Up to two (2) additional members under subdivision (c)(1) of this section, if at the discretion of the Governor, he or she deems it to be in the best interest of the State of Arkansas to appoint additional members.

(i) One (1) member who resides within the Southeast Boll Weevil Eradication Zone as it existed on January 1, 2023;

(ii) One (1) member who resides within the Southwest Boll Weevil Eradication Zone as it existed on January 1, 2023;

(iii) One (1) member who resides within the Central Boll Weevil Eradication Zone as it existed on January 1, 2023;

(iv) One (1) member who resides within the Northeast Ridge Boll Weevil Eradication Zone as it existed on January 1, 2023;

(v) One (1) member who resides in the Northeast Delta Boll Weevil Eradication Zone as it existed on January 1, 2023; and

(vi) Up to two (2) additional members under subdivision (c)(1) of this section, if at the discretion of the Governor, he or she deems it to be in the best interest of the State of Arkansas to appoint additional members.

(4) As vacancies occur, or in case of additional appointments under subdivisions (c)(1) and (g)(3)(B)(vi) of this section, they shall be filled in a manner that will, to the extent possible, ensure the proportional representation required in subdivision (g)(3)(A) of this section.

(h) The board of directors of the certified cotton growers' organization shall be a subcommittee of the State Plant Board.

Amended by Act 2023, No. 691,§ 26, eff. 7/1/2023.

Acts 1991, No. 710, § 12; 1993, No. 854, § 3; 1995, No. 529, § 1; 1997, No. 330, §§ 5, 6; 2003, No. 1726, § 1.
Ark. Code Ann. § 2-15-201 — AR Code / Title 2 / Chapter 15 / Subchapter 2 / Section 2-15-201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Rice Certification Act". Acts 2005, No. 1238, § 1.

This subchapter shall be known and may be cited as the "Arkansas Rice Certification Act".

Acts 2005, No. 1238, § 1.
Ark. Code Ann. § 2-20-805 — AR Code / Title 2 / Chapter 20 / Subchapter 8 / Section 2-20-805
Powers and duties - Assessments - Buyers' records
Status: in_force

(a) (1) The Arkansas Corn and Grain Sorghum Promotion Board shall appoint three (3) corn or grain sorghum producers from each county who will be responsible for holding a referendum in the county. (2) The board will set the dates for the referendum and prescribe procedures to be followed in conducting the referendum. (3) Voting shall be in farm service agency offices under supervision of the three (3) producers appointed to hold the referendum. (4) Ballots will be furnished by the board. (5) The results shall be certified not more than three (3) days after election on forms furnished by the board by registered mail to the board. (6) The board shall be reimbursed from funds collected for costs of holding the referendum. (b) (1) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all corn and grain sorghum grown within the state. (2) This assessment is to be deducted from the amount paid the producer at the first point of sale, whether within or without the state or at the point the corn or grain sorghum enters into the United States Department of Agriculture loan program. However, the assessment shall not be imposed unless and until: (A) The question of its imposition has been submitted to and approved by sixty percent (60%) of the corn and grain sorghum producers who vote in the referendum to be called and held within nine (9) months following July 1, 1997; and (B) A minimum of ten percent (10%) of the total corn and grain sorghum producers in this state as determined by latest available agricultural census data shall have voted. (3) The corn and grain sorghum producers shall be notified by the board of the results of the referendum. (4) The assessment imposed in this section shall be effective beginning July 1, 1998. (5) This assessment may be extended for an indefinite period of time or until twenty percent (20%) of the producers shall petition the board to hold a referendum on whether the program should be continued, then another referendum shall be called by the board in the manner set forth in this section. (6) In all such referenda, in order to be eligible to vote, the producer must have produced corn or grain sorghum in the crop year immediately preceding the referendum. (c) (1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of corn or grain sorghum at the first point of sale or when the corn or grain sorghum enters the United States Department of Agriculture loan program. (2) The proceeds of the assessment, less not more than three percent (3%) to cover the cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board. Disbursement from the special fund shall be made only upon a motion duly passed by the board and presented to the Treasurer of State and only for a purpose prescribed in this subchapter. (d) (1) Every buyer shall keep a complete and accurate record of all corn and grain sorghum handled by him or her. (2) The records shall be in such form and contain other information as the board shall by rule prescribe. (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 or any duly authorized agent or representative of the secretary. (4) Every buyer, at such time or times as the secretary may require, shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this section. (5) The secretary shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of corn or grain sorghum and examine or cause to be examined by the agent any book, paper, and record 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. 910,§ 3292, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3291, eff. 7/1/2019. Acts 1997, No. 271, § 3.

(a) (1) The Arkansas Corn and Grain Sorghum Promotion Board shall appoint three (3) corn or grain sorghum producers from each county who will be responsible for holding a referendum in the county. (2) The board will set the dates for the referendum and prescribe procedures to be followed in conducting the referendum. (3) Voting shall be in farm service agency offices under supervision of the three (3) producers appointed to hold the referendum. (4) Ballots will be furnished by the board. (5) The results shall be certified not more than three (3) days after election on forms furnished by the board by registered mail to the board. (6) The board shall be reimbursed from funds collected for costs of holding the referendum.

(1) The Arkansas Corn and Grain Sorghum Promotion Board shall appoint three (3) corn or grain sorghum producers from each county who will be responsible for holding a referendum in the county.

(2) The board will set the dates for the referendum and prescribe procedures to be followed in conducting the referendum.

(3) Voting shall be in farm service agency offices under supervision of the three (3) producers appointed to hold the referendum.

(4) Ballots will be furnished by the board.

(5) The results shall be certified not more than three (3) days after election on forms furnished by the board by registered mail to the board.

(6) The board shall be reimbursed from funds collected for costs of holding the referendum.

(b) (1) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all corn and grain sorghum grown within the state. (2) This assessment is to be deducted from the amount paid the producer at the first point of sale, whether within or without the state or at the point the corn or grain sorghum enters into the United States Department of Agriculture loan program. However, the assessment shall not be imposed unless and until: (A) The question of its imposition has been submitted to and approved by sixty percent (60%) of the corn and grain sorghum producers who vote in the referendum to be called and held within nine (9) months following July 1, 1997; and (B) A minimum of ten percent (10%) of the total corn and grain sorghum producers in this state as determined by latest available agricultural census data shall have voted. (3) The corn and grain sorghum producers shall be notified by the board of the results of the referendum. (4) The assessment imposed in this section shall be effective beginning July 1, 1998. (5) This assessment may be extended for an indefinite period of time or until twenty percent (20%) of the producers shall petition the board to hold a referendum on whether the program should be continued, then another referendum shall be called by the board in the manner set forth in this section. (6) In all such referenda, in order to be eligible to vote, the producer must have produced corn or grain sorghum in the crop year immediately preceding the referendum.

(1) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all corn and grain sorghum grown within the state.

(2) This assessment is to be deducted from the amount paid the producer at the first point of sale, whether within or without the state or at the point the corn or grain sorghum enters into the United States Department of Agriculture loan program. However, the assessment shall not be imposed unless and until: (A) The question of its imposition has been submitted to and approved by sixty percent (60%) of the corn and grain sorghum producers who vote in the referendum to be called and held within nine (9) months following July 1, 1997; and (B) A minimum of ten percent (10%) of the total corn and grain sorghum producers in this state as determined by latest available agricultural census data shall have voted.

(A) The question of its imposition has been submitted to and approved by sixty percent (60%) of the corn and grain sorghum producers who vote in the referendum to be called and held within nine (9) months following July 1, 1997; and

(B) A minimum of ten percent (10%) of the total corn and grain sorghum producers in this state as determined by latest available agricultural census data shall have voted.

(3) The corn and grain sorghum producers shall be notified by the board of the results of the referendum.

(4) The assessment imposed in this section shall be effective beginning July 1, 1998.

(5) This assessment may be extended for an indefinite period of time or until twenty percent (20%) of the producers shall petition the board to hold a referendum on whether the program should be continued, then another referendum shall be called by the board in the manner set forth in this section.

(6) In all such referenda, in order to be eligible to vote, the producer must have produced corn or grain sorghum in the crop year immediately preceding the referendum.

(c) (1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of corn or grain sorghum at the first point of sale or when the corn or grain sorghum enters the United States Department of Agriculture loan program. (2) The proceeds of the assessment, less not more than three percent (3%) to cover the cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board. Disbursement from the special fund shall be made only upon a motion duly passed by the board and presented to the Treasurer of State and only for a purpose prescribed in this subchapter.

(1) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of corn or grain sorghum at the first point of sale or when the corn or grain sorghum enters the United States Department of Agriculture loan program.

(2) The proceeds of the assessment, less not more than three percent (3%) to cover the cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the board to the credit of the board. Disbursement from the special fund shall be made only upon a motion duly passed by the board and presented to the Treasurer of State and only for a purpose prescribed in this subchapter.

(d) (1) Every buyer shall keep a complete and accurate record of all corn and grain sorghum handled by him or her. (2) The records shall be in such form and contain other information as the board shall by rule prescribe. (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 or any duly authorized agent or representative of the secretary. (4) Every buyer, at such time or times as the secretary may require, shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this section. (5) The secretary shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of corn or grain sorghum and examine or cause to be examined by the agent any book, paper, and record which deal in any way with respect to the payment of the assessment or enforcement of the provisions of this subchapter.

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

(2) The records shall be in such form and contain other information as the board shall by rule prescribe.

(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 or any duly authorized agent or representative of the secretary.

(4) Every buyer, at such time or times as the secretary may require, shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this section.

(5) The secretary shall have the power to cause any duly authorized agent or representative to enter upon the premises of any buyer of corn or grain sorghum and examine or cause to be examined by the agent any book, paper, and record 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. 910,§ 3292, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3291, eff. 7/1/2019.

Acts 1997, No. 271, § 3.
Ark. Code Ann. § 2-38-120 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-120
Forfeiture of right to livestock
Status: in_force

If the owner of any stray livestock does not appear and prove his or her property therein within three (3) months after the public notification required by this subchapter, he or she shall forfeit his or her right to the livestock and the property shall be vested in the impounder. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 17; C. & M. Dig., § 291; Pope's Dig., § 305; A.S.A. 1947, § 78-1124.

If the owner of any stray livestock does not appear and prove his or her property therein within three (3) months after the public notification required by this subchapter, he or she shall forfeit his or her right to the livestock and the property shall be vested in the impounder.

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

Rev. Stat., ch. 58, § 17; C. & M. Dig., § 291; Pope's Dig., § 305; A.S.A. 1947, § 78-1124.
Ark. Code Ann. § 2-33-201 — AR Code / Title 2 / Chapter 33 / Subchapter 2 / Section 2-33-201
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017. Acts 1973, No. 454, § 1; 1977, No. 76, § 2; A.S.A. 1947, § 78-322.

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

Acts 1973, No. 454, § 1; 1977, No. 76, § 2; A.S.A. 1947, § 78-322.
Ark. Code Ann. § 2-32-601 — AR Code / Title 2 / Chapter 32 / Subchapter 6 / Section 2-32-601
Definitions
Status: in_force

As used in this subchapter: (1) "Artificial insemination" means the fertilization of or the attempt to fertilize the ova of a female animal by placing and implanting in the genital tract of the female animal the seminal fluid obtained from a male animal; and (2) "Livestock" means cattle, bison, horses, sheep, goats, asses, mules, swine, domesticated rabbits, poultry, turkeys, or other domesticated animals raised primarily for human food consumption. Added by Act 2021, No. 131,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) "Artificial insemination" means the fertilization of or the attempt to fertilize the ova of a female animal by placing and implanting in the genital tract of the female animal the seminal fluid obtained from a male animal; and

(2) "Livestock" means cattle, bison, horses, sheep, goats, asses, mules, swine, domesticated rabbits, poultry, turkeys, or other domesticated animals raised primarily for human food consumption.

Added by Act 2021, No. 131,§ 1, eff. 7/28/2021.