Ark. Code Ann. § 20-77-902 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-902
Liability for certain acts
Status: in_force

A person shall be liable to the State of Arkansas, through the Attorney General, for restitution, damages, and a civil penalty for an act or omission in violation of this subchapter if he or she: (1) Knowingly makes or causes to be made any false statement or representation of a material fact in any claim, request for payment, or application for any benefit or payment under the Arkansas Medicaid Program; (2) Knowingly makes or causes to be made any omission or false statement or representation of a material fact for use in determining rights to a benefit or payment under the Arkansas Medicaid Program; (3) Having knowledge of the occurrence of any event affecting his or her initial or continued right to any benefit or payment or the initial or continued right to any benefit or payment of any other individual in whose behalf he or she has applied for or is receiving a benefit or payment, knowingly conceals or fails to disclose that event with an intent fraudulently to secure the benefit or payment either in a greater amount or quantity than is due or when no benefit or payment is authorized; (4) Having made or submitted a claim, request for payment, or application to receive any benefit or payment for the use and benefit of another person and having received it, knowingly converts the benefit or payment or any part of the benefit or payment to a use other than for the use and benefit of the other person; (5) Knowingly presents or causes to be presented a claim for a physician's service for which payment may be made under the program and knows that the individual who furnished the service was not licensed as a physician; (6) Knowingly solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind: (A) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or (B) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program; (7) (A) Knowingly offers or pays any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce the person to: (i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or (ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program. (B) If the transaction is otherwise legal and properly documented as occurring in the normal course of business, subdivision (7)(A) of this section does not apply to: (i) A discount or other reduction in price obtained by a provider of services or other entity under the program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the program; (ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the providing of covered items or services; (iii) Any salary, wages, or commission paid during the normal course of business by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities that are furnishing services reimbursed under the program, if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a Medicaid provider as defined in § 20-77-901 , the person discloses, in the form and manner as the Secretary of the Department of Human Services requires, to the entity and upon request to the secretary the amount received from each vendor with respect to purchases made by or on behalf of the entity; or (iv) Any other payment practice specified by the secretary promulgated pursuant to applicable federal or state law; (8) Knowingly makes or causes to be made or induces or seeks to induce any omission or false statement or representation of a material fact with respect to the conditions or operation of any institution, facility, or Medicaid provider in order that the institution, facility, or Medicaid provider may qualify to obtain or maintain any licensure or certification when the licensure or certification is required to be enrolled or eligible to deliver any healthcare goods or services to Medicaid recipients by state law, federal law, or the rules of the program; (9) Knowingly: (A) Charges for any service provided to a patient under the program money or other consideration at a rate in excess of the rates established by the state; or (B) Charges, solicits, accepts, or receives, in addition to any amount otherwise required to be paid under the program, any gift, money, donation, or other consideration other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient: (i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or (ii) As a requirement for the patient's continued stay in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided therein to the patient is paid for in whole or in part under the program; (10) Knowingly makes or causes to be made any omission or false statement or representation of a material fact in any application for benefits or for payment in violation of the rules, regulations, and provider agreements issued by the program or its fiscal agents; (11) Knowingly: (A) Participates, directly or indirectly, in the Arkansas Medicaid Program after having pleaded guilty or nolo contendere to or been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code, § 5-1-101 et seq.; or (B) As a certified health provider enrolled in the program pursuant to Title XIX of the Social Security Act or as the fiscal agent of such a provider who employs, engages as an independent contractor, engages as a consultant, or otherwise permits the participation in the business activities of such a provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code, § 5-1-101 et seq.; (12) Knowingly submits any false documentation supporting a claim or prior payment to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General during an audit or in response to a request for information or a subpoena; (13) Knowingly makes or causes to be made, or induces or seeks to induce, any material false statement to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General during an audit or in response to a request for information or a subpoena; (14) Knowingly forges the signature of a doctor or nurse on a prescription or referral for healthcare goods or services or submits a forged prescription or referral for healthcare goods or services in support of a claim for payment under the program; (15) Knowingly places a false entry in a medical chart or medical record that indicates that healthcare goods or services have been provided to a Medicaid recipient knowing that the healthcare goods or services were not provided; (16) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval to the program; (17) Knowingly makes, uses, or causes to be made or used a false record or statement that is material to a false or fraudulent claim to the program; (18) Knowingly: (A) Makes, uses, or causes to be made or used a false record or statement that is material to an obligation to pay or transmit money or property to the program; or (B) Conceals or improperly avoids or decreases an obligation to pay or transmit money or property to the program; (19) Conspires to commit a violation of this section; or (20) Knowingly presents or causes to be presented a claim for a service required to be provided by a person with a particular type of license or credential while knowing that the individual who furnished the service was not licensed or credentialed. Amended by Act 2019, No. 916,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5228, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5227, eff. 7/1/2019. Amended by Act 2017, No. 978,§ 9, eff. 8/1/2017. Acts 1993, No. 1299, § 2; 2003, No. 1163, § 1.

A person shall be liable to the State of Arkansas, through the Attorney General, for restitution, damages, and a civil penalty for an act or omission in violation of this subchapter if he or she:

(1) Knowingly makes or causes to be made any false statement or representation of a material fact in any claim, request for payment, or application for any benefit or payment under the Arkansas Medicaid Program;

(2) Knowingly makes or causes to be made any omission or false statement or representation of a material fact for use in determining rights to a benefit or payment under the Arkansas Medicaid Program;

(3) Having knowledge of the occurrence of any event affecting his or her initial or continued right to any benefit or payment or the initial or continued right to any benefit or payment of any other individual in whose behalf he or she has applied for or is receiving a benefit or payment, knowingly conceals or fails to disclose that event with an intent fraudulently to secure the benefit or payment either in a greater amount or quantity than is due or when no benefit or payment is authorized;

(4) Having made or submitted a claim, request for payment, or application to receive any benefit or payment for the use and benefit of another person and having received it, knowingly converts the benefit or payment or any part of the benefit or payment to a use other than for the use and benefit of the other person;

(5) Knowingly presents or causes to be presented a claim for a physician's service for which payment may be made under the program and knows that the individual who furnished the service was not licensed as a physician;

(6) Knowingly solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind: (A) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or (B) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program;

(A) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or

(B) In return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program;

(7) (A) Knowingly offers or pays any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce the person to: (i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or (ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program. (B) If the transaction is otherwise legal and properly documented as occurring in the normal course of business, subdivision (7)(A) of this section does not apply to: (i) A discount or other reduction in price obtained by a provider of services or other entity under the program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the program; (ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the providing of covered items or services; (iii) Any salary, wages, or commission paid during the normal course of business by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities that are furnishing services reimbursed under the program, if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a Medicaid provider as defined in § 20-77-901 , the person discloses, in the form and manner as the Secretary of the Department of Human Services requires, to the entity and upon request to the secretary the amount received from each vendor with respect to purchases made by or on behalf of the entity; or (iv) Any other payment practice specified by the secretary promulgated pursuant to applicable federal or state law;

(A) Knowingly offers or pays any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce the person to: (i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or (ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program.

(i) Refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under the program; or

(ii) Purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under the program.

(B) If the transaction is otherwise legal and properly documented as occurring in the normal course of business, subdivision (7)(A) of this section does not apply to: (i) A discount or other reduction in price obtained by a provider of services or other entity under the program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the program; (ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the providing of covered items or services; (iii) Any salary, wages, or commission paid during the normal course of business by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities that are furnishing services reimbursed under the program, if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a Medicaid provider as defined in § 20-77-901 , the person discloses, in the form and manner as the Secretary of the Department of Human Services requires, to the entity and upon request to the secretary the amount received from each vendor with respect to purchases made by or on behalf of the entity; or (iv) Any other payment practice specified by the secretary promulgated pursuant to applicable federal or state law;

(i) A discount or other reduction in price obtained by a provider of services or other entity under the program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under the program;

(ii) Any amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the providing of covered items or services;

(iii) Any salary, wages, or commission paid during the normal course of business by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities that are furnishing services reimbursed under the program, if: (a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and (b) In the case of an entity that is a Medicaid provider as defined in § 20-77-901 , the person discloses, in the form and manner as the Secretary of the Department of Human Services requires, to the entity and upon request to the secretary the amount received from each vendor with respect to purchases made by or on behalf of the entity; or

(a) The person has a written contract with each individual or entity that specifies the amount to be paid to the person, which amount may be a fixed amount or a fixed percentage of the value of the purchases made by each individual or entity under the contract; and

(b) In the case of an entity that is a Medicaid provider as defined in § 20-77-901 , the person discloses, in the form and manner as the Secretary of the Department of Human Services requires, to the entity and upon request to the secretary the amount received from each vendor with respect to purchases made by or on behalf of the entity; or

(iv) Any other payment practice specified by the secretary promulgated pursuant to applicable federal or state law;

(8) Knowingly makes or causes to be made or induces or seeks to induce any omission or false statement or representation of a material fact with respect to the conditions or operation of any institution, facility, or Medicaid provider in order that the institution, facility, or Medicaid provider may qualify to obtain or maintain any licensure or certification when the licensure or certification is required to be enrolled or eligible to deliver any healthcare goods or services to Medicaid recipients by state law, federal law, or the rules of the program;

(9) Knowingly: (A) Charges for any service provided to a patient under the program money or other consideration at a rate in excess of the rates established by the state; or (B) Charges, solicits, accepts, or receives, in addition to any amount otherwise required to be paid under the program, any gift, money, donation, or other consideration other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient: (i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or (ii) As a requirement for the patient's continued stay in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided therein to the patient is paid for in whole or in part under the program;

(A) Charges for any service provided to a patient under the program money or other consideration at a rate in excess of the rates established by the state; or

(B) Charges, solicits, accepts, or receives, in addition to any amount otherwise required to be paid under the program, any gift, money, donation, or other consideration other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient: (i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or (ii) As a requirement for the patient's continued stay in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided therein to the patient is paid for in whole or in part under the program;

(i) As a precondition of admitting a patient to a hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities; or

(ii) As a requirement for the patient's continued stay in the hospital, nursing facility, or intermediate care facility for individuals with intellectual disabilities when the cost of the services provided therein to the patient is paid for in whole or in part under the program;

(10) Knowingly makes or causes to be made any omission or false statement or representation of a material fact in any application for benefits or for payment in violation of the rules, regulations, and provider agreements issued by the program or its fiscal agents;

(11) Knowingly: (A) Participates, directly or indirectly, in the Arkansas Medicaid Program after having pleaded guilty or nolo contendere to or been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code, § 5-1-101 et seq.; or (B) As a certified health provider enrolled in the program pursuant to Title XIX of the Social Security Act or as the fiscal agent of such a provider who employs, engages as an independent contractor, engages as a consultant, or otherwise permits the participation in the business activities of such a provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code, § 5-1-101 et seq.;

(A) Participates, directly or indirectly, in the Arkansas Medicaid Program after having pleaded guilty or nolo contendere to or been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code, § 5-1-101 et seq.; or

(B) As a certified health provider enrolled in the program pursuant to Title XIX of the Social Security Act or as the fiscal agent of such a provider who employs, engages as an independent contractor, engages as a consultant, or otherwise permits the participation in the business activities of such a provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, or abuse of adults as defined in the Arkansas Criminal Code, § 5-1-101 et seq.;

(12) Knowingly submits any false documentation supporting a claim or prior payment to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General during an audit or in response to a request for information or a subpoena;

(13) Knowingly makes or causes to be made, or induces or seeks to induce, any material false statement to the Office of Medicaid Inspector General or the Medicaid Fraud Control Unit within the office of the Attorney General during an audit or in response to a request for information or a subpoena;

(14) Knowingly forges the signature of a doctor or nurse on a prescription or referral for healthcare goods or services or submits a forged prescription or referral for healthcare goods or services in support of a claim for payment under the program;

(15) Knowingly places a false entry in a medical chart or medical record that indicates that healthcare goods or services have been provided to a Medicaid recipient knowing that the healthcare goods or services were not provided;

(16) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval to the program;

(17) Knowingly makes, uses, or causes to be made or used a false record or statement that is material to a false or fraudulent claim to the program;

(18) Knowingly: (A) Makes, uses, or causes to be made or used a false record or statement that is material to an obligation to pay or transmit money or property to the program; or (B) Conceals or improperly avoids or decreases an obligation to pay or transmit money or property to the program;

(A) Makes, uses, or causes to be made or used a false record or statement that is material to an obligation to pay or transmit money or property to the program; or

(B) Conceals or improperly avoids or decreases an obligation to pay or transmit money or property to the program;

(19) Conspires to commit a violation of this section; or

(20) Knowingly presents or causes to be presented a claim for a service required to be provided by a person with a particular type of license or credential while knowing that the individual who furnished the service was not licensed or credentialed.

Amended by Act 2019, No. 916,§ 11, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5228, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5227, eff. 7/1/2019.

Amended by Act 2017, No. 978,§ 9, eff. 8/1/2017.

Acts 1993, No. 1299, § 2; 2003, No. 1163, § 1.
Ark. Code Ann. § 20-13-207 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-207
Emergency Medical Services Advisory Council - Powers and duties
Status: in_force

(a) The Emergency Medical Services Advisory Council shall recommend for adoption by the State Board of Health rules on all matters relating to emergency medical services, including without limitation: (1) Standards for licensure of ambulance and advanced life support rescue personnel; (2) Standards for equipment required on ambulance and advanced life support rescue vehicles; (3) Standards for vehicles used in patient transportation and advanced life support rescue response, including communications requirements; (4) A statewide communications system for emergency medical services; (5) Operational standards for providers of ambulance and advanced life support rescue services, including reporting requirements and standards for air ambulance and air ambulance services; and (6) Procedures for summoning and dispatching aid. (b) The Department of Health shall have evidence that the standards imposed are important to the quality of patient care. Acts 1975, No. 435, § 5; 1985, No. 1001, § 3; A.S.A. 1947, § 82-3405; Acts 1987, No. 345, § 2; reen. 1987, No. 1006, § 1; 2009, No. 689, § 9.

(a) The Emergency Medical Services Advisory Council shall recommend for adoption by the State Board of Health rules on all matters relating to emergency medical services, including without limitation: (1) Standards for licensure of ambulance and advanced life support rescue personnel; (2) Standards for equipment required on ambulance and advanced life support rescue vehicles; (3) Standards for vehicles used in patient transportation and advanced life support rescue response, including communications requirements; (4) A statewide communications system for emergency medical services; (5) Operational standards for providers of ambulance and advanced life support rescue services, including reporting requirements and standards for air ambulance and air ambulance services; and (6) Procedures for summoning and dispatching aid.

(1) Standards for licensure of ambulance and advanced life support rescue personnel;

(2) Standards for equipment required on ambulance and advanced life support rescue vehicles;

(3) Standards for vehicles used in patient transportation and advanced life support rescue response, including communications requirements;

(4) A statewide communications system for emergency medical services;

(5) Operational standards for providers of ambulance and advanced life support rescue services, including reporting requirements and standards for air ambulance and air ambulance services; and

(6) Procedures for summoning and dispatching aid.

(b) The Department of Health shall have evidence that the standards imposed are important to the quality of patient care.

Acts 1975, No. 435, § 5; 1985, No. 1001, § 3; A.S.A. 1947, § 82-3405; Acts 1987, No. 345, § 2; reen. 1987, No. 1006, § 1; 2009, No. 689, § 9.
Ark. Code Ann. § 20-47-602 — AR Code / Title 20 / Chapter 47 / Subchapter 6 / Section 20-47-602
Protocols and accountability
Status: in_force

(a) Each county jail shall prepare and may use during the intake process a standard checklist, including behavioral indicators of mental health problems. (b) If a checklist is used, the checklist shall be a permanent part of the jail inmate's record and shall record all mental health efforts that should be taken in relation to the jail inmate. (c) Each county jail shall adopt the standard protocols to assist law enforcement personnel and mental health personnel as follows: (1) A protocol that sets forth the steps that should be taken initially for all arrested persons to determine their mental health status, including physical indications that may affect mental health status; (2) (A) A protocol to be used for those persons who, based on the results of the protocol drafted under subdivision (c)(1) of this section, may be in need of psychiatric or co-occurring condition treatment. (B) Under the protocol drafted under subdivision (c)(2)(A) of this section, only licensed mental health professionals shall be responsible for comprehensive screening and assessment subsequent to a finding that the arrested person is in need of psychiatric or co-occurring condition treatment. (C) Ordinarily the mental health professionals under subdivision (c)(2)(B) of this section should be supplied by the community mental health center for the catchment area in which the jail is located; and (3) (A) A protocol for case management for jail inmates with a mental illness who are referred to a community mental health center. (B) The protocol drafted under subdivision (c)(3)(A) of this section shall outline the responsibilities of each party and the steps to be followed in providing treatment to the referred inmate. (C) The protocol drafted under subdivision (c)(3)(A) of this section shall include a crisis plan for periods beyond the normal work day or work week. (d) (1) A standard model for the checklist to be prepared under this section and a standard model for the protocols to be drafted under this section shall be prepared by a committee to be convened by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services within six (6) months after July 31, 2007. (2) The committee convened under subdivision (d)(1) of this section consists of a representative designated by each of the following agencies or departments: (A) Arkansas Association of Chiefs of Police; (B) County Judges Association of Arkansas; (C) Arkansas Judicial Council, Inc.; (D) Arkansas Municipal League; (E) Arkansas Sheriffs' Association; (F) Community mental health centers; (G) Criminal Justice Institute; (H) Department of Community Correction; (I) Disability Rights of Arkansas, Inc.; (J) Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (K) Office of the Prosecutor Coordinator; (L) Department of Psychiatry of the University of Arkansas for Medical Sciences; and (M) Arkansas Public Defender Commission. (3) The committee shall submit the completed standard protocols and the standard checklist required under subdivision (d)(1) of this section to the division and to the Arkansas Judicial Council, Inc. for approval. (4) The division shall provide copies of the standard protocols and the standard checklist to sheriffs, chiefs of police, and county judges and shall post the standard protocols and the standard checklist on a public website. (e) The committee convened under subdivision (d)(1) of this section shall recommend: (1) Establishment of the needs for acute mental health beds throughout the state; and (2) Provision of appropriate funding where needed for construction, operations, renovation, and equipment for meeting the state's needs for acute mental health beds to the extent such funds are appropriated for the purpose. (f) The division shall develop a standardized report related to all aspects of the implementation of this subchapter. (g) Each community mental health center shall complete and submit quarterly to the division the report developed under subsection (f) of this section. (h) The division shall publish annually within sixty (60) days after the end of the state's fiscal year a compilation of the quarterly reports to be made available to the public and, if necessary, to serve as the basis for action to end. Amended by Act 2017, No. 913,§ 89, eff. 8/1/2017. Acts 2007, No. 1012, § 1; 2009, No. 952, § 9; 2011, No. 1121, § 12.

(a) Each county jail shall prepare and may use during the intake process a standard checklist, including behavioral indicators of mental health problems.

(b) If a checklist is used, the checklist shall be a permanent part of the jail inmate's record and shall record all mental health efforts that should be taken in relation to the jail inmate.

(c) Each county jail shall adopt the standard protocols to assist law enforcement personnel and mental health personnel as follows: (1) A protocol that sets forth the steps that should be taken initially for all arrested persons to determine their mental health status, including physical indications that may affect mental health status; (2) (A) A protocol to be used for those persons who, based on the results of the protocol drafted under subdivision (c)(1) of this section, may be in need of psychiatric or co-occurring condition treatment. (B) Under the protocol drafted under subdivision (c)(2)(A) of this section, only licensed mental health professionals shall be responsible for comprehensive screening and assessment subsequent to a finding that the arrested person is in need of psychiatric or co-occurring condition treatment. (C) Ordinarily the mental health professionals under subdivision (c)(2)(B) of this section should be supplied by the community mental health center for the catchment area in which the jail is located; and (3) (A) A protocol for case management for jail inmates with a mental illness who are referred to a community mental health center. (B) The protocol drafted under subdivision (c)(3)(A) of this section shall outline the responsibilities of each party and the steps to be followed in providing treatment to the referred inmate. (C) The protocol drafted under subdivision (c)(3)(A) of this section shall include a crisis plan for periods beyond the normal work day or work week.

(1) A protocol that sets forth the steps that should be taken initially for all arrested persons to determine their mental health status, including physical indications that may affect mental health status;

(2) (A) A protocol to be used for those persons who, based on the results of the protocol drafted under subdivision (c)(1) of this section, may be in need of psychiatric or co-occurring condition treatment. (B) Under the protocol drafted under subdivision (c)(2)(A) of this section, only licensed mental health professionals shall be responsible for comprehensive screening and assessment subsequent to a finding that the arrested person is in need of psychiatric or co-occurring condition treatment. (C) Ordinarily the mental health professionals under subdivision (c)(2)(B) of this section should be supplied by the community mental health center for the catchment area in which the jail is located; and

(A) A protocol to be used for those persons who, based on the results of the protocol drafted under subdivision (c)(1) of this section, may be in need of psychiatric or co-occurring condition treatment.

(B) Under the protocol drafted under subdivision (c)(2)(A) of this section, only licensed mental health professionals shall be responsible for comprehensive screening and assessment subsequent to a finding that the arrested person is in need of psychiatric or co-occurring condition treatment.

(C) Ordinarily the mental health professionals under subdivision (c)(2)(B) of this section should be supplied by the community mental health center for the catchment area in which the jail is located; and

(3) (A) A protocol for case management for jail inmates with a mental illness who are referred to a community mental health center. (B) The protocol drafted under subdivision (c)(3)(A) of this section shall outline the responsibilities of each party and the steps to be followed in providing treatment to the referred inmate. (C) The protocol drafted under subdivision (c)(3)(A) of this section shall include a crisis plan for periods beyond the normal work day or work week.

(A) A protocol for case management for jail inmates with a mental illness who are referred to a community mental health center.

(B) The protocol drafted under subdivision (c)(3)(A) of this section shall outline the responsibilities of each party and the steps to be followed in providing treatment to the referred inmate.

(C) The protocol drafted under subdivision (c)(3)(A) of this section shall include a crisis plan for periods beyond the normal work day or work week.

(d) (1) A standard model for the checklist to be prepared under this section and a standard model for the protocols to be drafted under this section shall be prepared by a committee to be convened by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services within six (6) months after July 31, 2007. (2) The committee convened under subdivision (d)(1) of this section consists of a representative designated by each of the following agencies or departments: (A) Arkansas Association of Chiefs of Police; (B) County Judges Association of Arkansas; (C) Arkansas Judicial Council, Inc.; (D) Arkansas Municipal League; (E) Arkansas Sheriffs' Association; (F) Community mental health centers; (G) Criminal Justice Institute; (H) Department of Community Correction; (I) Disability Rights of Arkansas, Inc.; (J) Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (K) Office of the Prosecutor Coordinator; (L) Department of Psychiatry of the University of Arkansas for Medical Sciences; and (M) Arkansas Public Defender Commission. (3) The committee shall submit the completed standard protocols and the standard checklist required under subdivision (d)(1) of this section to the division and to the Arkansas Judicial Council, Inc. for approval. (4) The division shall provide copies of the standard protocols and the standard checklist to sheriffs, chiefs of police, and county judges and shall post the standard protocols and the standard checklist on a public website.

(1) A standard model for the checklist to be prepared under this section and a standard model for the protocols to be drafted under this section shall be prepared by a committee to be convened by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services within six (6) months after July 31, 2007.

(2) The committee convened under subdivision (d)(1) of this section consists of a representative designated by each of the following agencies or departments: (A) Arkansas Association of Chiefs of Police; (B) County Judges Association of Arkansas; (C) Arkansas Judicial Council, Inc.; (D) Arkansas Municipal League; (E) Arkansas Sheriffs' Association; (F) Community mental health centers; (G) Criminal Justice Institute; (H) Department of Community Correction; (I) Disability Rights of Arkansas, Inc.; (J) Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (K) Office of the Prosecutor Coordinator; (L) Department of Psychiatry of the University of Arkansas for Medical Sciences; and (M) Arkansas Public Defender Commission.

(A) Arkansas Association of Chiefs of Police;

(B) County Judges Association of Arkansas;

(C) Arkansas Judicial Council, Inc.;

(D) Arkansas Municipal League;

(E) Arkansas Sheriffs' Association;

(F) Community mental health centers;

(G) Criminal Justice Institute;

(H) Department of Community Correction;

(I) Disability Rights of Arkansas, Inc.;

(J) Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

(K) Office of the Prosecutor Coordinator;

(L) Department of Psychiatry of the University of Arkansas for Medical Sciences; and

(M) Arkansas Public Defender Commission.

(3) The committee shall submit the completed standard protocols and the standard checklist required under subdivision (d)(1) of this section to the division and to the Arkansas Judicial Council, Inc. for approval.

(4) The division shall provide copies of the standard protocols and the standard checklist to sheriffs, chiefs of police, and county judges and shall post the standard protocols and the standard checklist on a public website.

(e) The committee convened under subdivision (d)(1) of this section shall recommend: (1) Establishment of the needs for acute mental health beds throughout the state; and (2) Provision of appropriate funding where needed for construction, operations, renovation, and equipment for meeting the state's needs for acute mental health beds to the extent such funds are appropriated for the purpose.

(1) Establishment of the needs for acute mental health beds throughout the state; and

(2) Provision of appropriate funding where needed for construction, operations, renovation, and equipment for meeting the state's needs for acute mental health beds to the extent such funds are appropriated for the purpose.

(f) The division shall develop a standardized report related to all aspects of the implementation of this subchapter.

(g) Each community mental health center shall complete and submit quarterly to the division the report developed under subsection (f) of this section.

(h) The division shall publish annually within sixty (60) days after the end of the state's fiscal year a compilation of the quarterly reports to be made available to the public and, if necessary, to serve as the basis for action to end.

Amended by Act 2017, No. 913,§ 89, eff. 8/1/2017.

Acts 2007, No. 1012, § 1; 2009, No. 952, § 9; 2011, No. 1121, § 12.
Ark. Code Ann. § 20-64-906 — AR Code / Title 20 / Chapter 64 / Subchapter 9 / Section 20-64-906
Disposition of funds
Status: in_force

(a) All application fees and accreditation costs will be paid to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (b) The division shall transfer the money to the State Treasury, and the money shall be specially designated for transfer to the Public Health Fund to cover maintenance and operation expenses incurred by the accreditation review process. Amended by Act 2017, No. 913,§ 104, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 35, eff. 8/16/2013. Acts 1995, No. 1032, § 7.

(a) All application fees and accreditation costs will be paid to the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.

(b) The division shall transfer the money to the State Treasury, and the money shall be specially designated for transfer to the Public Health Fund to cover maintenance and operation expenses incurred by the accreditation review process.

Amended by Act 2017, No. 913,§ 104, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 35, eff. 8/16/2013.

Acts 1995, No. 1032, § 7.
Ark. Code Ann. § 20-64-206 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-206
Sales by apothecaries
Status: in_force

(1) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription or an oral prescription in pursuance to rules, promulgated by the Secretary of the Department of Health under authority of § 20-64-219 , of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the federal narcotic laws of the person prescribing. If the prescription is for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two (2) years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. The prescription must not be refilled. (2) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order. (3) An apothecary, only upon an offical written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one (1) ounce at any one time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty percent (20%) of the complete solution, to be used for medical purposes. Amended by Act 2019, No. 910,§ 5093, eff. 7/1/2019. Acts 1937, No. 344, § 6; Pope's Dig., §§ 4616, 10131; Acts 1955, No. 155, § 2; 1965, No. 409, § 3; A.S.A. 1947, § 82-1006.

(1) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription or an oral prescription in pursuance to rules, promulgated by the Secretary of the Department of Health under authority of § 20-64-219 , of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the federal narcotic laws of the person prescribing. If the prescription is for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two (2) years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this subchapter. The prescription must not be refilled.

(2) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.

(3) An apothecary, only upon an offical written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one (1) ounce at any one time, aqueous or oleaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty percent (20%) of the complete solution, to be used for medical purposes.

Amended by Act 2019, No. 910,§ 5093, eff. 7/1/2019.

Acts 1937, No. 344, § 6; Pope's Dig., §§ 4616, 10131; Acts 1955, No. 155, § 2; 1965, No. 409, § 3; A.S.A. 1947, § 82-1006.
Ark. Code Ann. § 20-17-704 — AR Code / Title 20 / Chapter 17 / Subchapter 7 / Section 20-17-704
Delivery to medical school
Status: in_force

Upon expiration of the forty-eight (48) hours as provided in § 20-17-703 , if the body of a deceased person has not been claimed for burial, the person then having possession, charge, or control of the unclaimed body shall surrender or deliver the unclaimed body to a medical school if the unclaimed body has been offered to and requested by the medical school. Amended by Act 2019, No. 954,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017. Acts 1959, No. 22, § 2; A.S.A. 1947, § 82-405.

Upon expiration of the forty-eight (48) hours as provided in § 20-17-703 , if the body of a deceased person has not been claimed for burial, the person then having possession, charge, or control of the unclaimed body shall surrender or deliver the unclaimed body to a medical school if the unclaimed body has been offered to and requested by the medical school.

Amended by Act 2019, No. 954,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 147,§ 4, eff. 2/7/2017.

Acts 1959, No. 22, § 2; A.S.A. 1947, § 82-405.
Ark. Code Ann. § 20-79-207 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-207
Cooperative agreements
Status: in_force

The Division of Workforce Services, through Arkansas Rehabilitation Services, is empowered and directed to: (1) (A) Cooperate with any other division of the Department of Commerce in an effort to rehabilitate those individuals with a disability who are applicants for or recipients of public assistance. (B) In this respect, it is the intent of the General Assembly that the employment and self-maintenance of adults with a disability shall be encouraged to the maximum extent. (C) Arkansas Rehabilitation Services and any other division of the department shall take all necessary steps to implement the intent of this section, including the joint development of plans for orderly referral and processing of feasible cases with priority being given to those for whom rehabilitation is determined most feasible; (2) Cooperate with the United States Government, pursuant to agreements, in carrying out the purposes of any federal statutes pertaining to the purposes of this subchapter. Arkansas Rehabilitation Services is also authorized to: (A) Adopt such methods of administration as are found to be necessary for proper and efficient operation of the agreements or plans for rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of federal statutes and appropriations; (B) Administer any legislation pursuant thereto enacted by the State of Arkansas; (C) Direct the disbursement, and administer the use of, all funds provided by the United States Government or the state for the rehabilitation of individuals with a disability who are residents of Arkansas; and (D) Do all things necessary to ensure the rehabilitation of individuals with a disability; (3) Cooperate with other federal, state, and local public agencies and institutions in providing services relating to rehabilitation, including the Arkansas State Employment Service, and make maximum utilization of the job placement and employment counseling services and other services and facilities of the offices in providing the services authorized by this subchapter in studying the problems involved therein and in establishing, developing, and providing such programs, facilities, and services as may be necessary or desirable; (4) Cooperate with political subdivisions and other public and nonprofit organizations and agencies in the establishment of workshops and rehabilitation facilities and use such facilities as meet the standards established by Arkansas Rehabilitation Services in providing rehabilitation services; and (5) Enter into contractual arrangements with the Social Security Administration with respect to certifications of disabilities and performance of other duties and with other authorized public agencies for performance of services related to rehabilitation. Amended by Act 2019, No. 389,§ 86, eff. 7/24/2019. Acts 1955, No. 43, § 8; 1959, No. 34, § 8; A.S.A. 1947, § 80-2547.

The Division of Workforce Services, through Arkansas Rehabilitation Services, is empowered and directed to:

(1) (A) Cooperate with any other division of the Department of Commerce in an effort to rehabilitate those individuals with a disability who are applicants for or recipients of public assistance. (B) In this respect, it is the intent of the General Assembly that the employment and self-maintenance of adults with a disability shall be encouraged to the maximum extent. (C) Arkansas Rehabilitation Services and any other division of the department shall take all necessary steps to implement the intent of this section, including the joint development of plans for orderly referral and processing of feasible cases with priority being given to those for whom rehabilitation is determined most feasible;

(A) Cooperate with any other division of the Department of Commerce in an effort to rehabilitate those individuals with a disability who are applicants for or recipients of public assistance.

(B) In this respect, it is the intent of the General Assembly that the employment and self-maintenance of adults with a disability shall be encouraged to the maximum extent.

(C) Arkansas Rehabilitation Services and any other division of the department shall take all necessary steps to implement the intent of this section, including the joint development of plans for orderly referral and processing of feasible cases with priority being given to those for whom rehabilitation is determined most feasible;

(2) Cooperate with the United States Government, pursuant to agreements, in carrying out the purposes of any federal statutes pertaining to the purposes of this subchapter. Arkansas Rehabilitation Services is also authorized to: (A) Adopt such methods of administration as are found to be necessary for proper and efficient operation of the agreements or plans for rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of federal statutes and appropriations; (B) Administer any legislation pursuant thereto enacted by the State of Arkansas; (C) Direct the disbursement, and administer the use of, all funds provided by the United States Government or the state for the rehabilitation of individuals with a disability who are residents of Arkansas; and (D) Do all things necessary to ensure the rehabilitation of individuals with a disability;

(A) Adopt such methods of administration as are found to be necessary for proper and efficient operation of the agreements or plans for rehabilitation and to comply with such conditions as may be necessary to secure the full benefits of federal statutes and appropriations;

(B) Administer any legislation pursuant thereto enacted by the State of Arkansas;

(C) Direct the disbursement, and administer the use of, all funds provided by the United States Government or the state for the rehabilitation of individuals with a disability who are residents of Arkansas; and

(D) Do all things necessary to ensure the rehabilitation of individuals with a disability;

(3) Cooperate with other federal, state, and local public agencies and institutions in providing services relating to rehabilitation, including the Arkansas State Employment Service, and make maximum utilization of the job placement and employment counseling services and other services and facilities of the offices in providing the services authorized by this subchapter in studying the problems involved therein and in establishing, developing, and providing such programs, facilities, and services as may be necessary or desirable;

(4) Cooperate with political subdivisions and other public and nonprofit organizations and agencies in the establishment of workshops and rehabilitation facilities and use such facilities as meet the standards established by Arkansas Rehabilitation Services in providing rehabilitation services; and

(5) Enter into contractual arrangements with the Social Security Administration with respect to certifications of disabilities and performance of other duties and with other authorized public agencies for performance of services related to rehabilitation.

Amended by Act 2019, No. 389,§ 86, eff. 7/24/2019.

Acts 1955, No. 43, § 8; 1959, No. 34, § 8; A.S.A. 1947, § 80-2547.
Ark. Code Ann. § 20-16-1502 — AR Code / Title 20 / Chapter 16 / Subchapter 15 / Section 20-16-1502
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) The use of abortion-inducing drugs, including the Mifeprex regimen, also known as "RU-486" or "mifepristone", presents significant medical risks, including without limitation incomplete abortion, sepsis or other infections, uterine hemorrhage, blood clots, abdominal pain, fever, vomiting, headache, fatigue, pelvic inflammatory disease, and death; (2) Medical evidence demonstrates that women who use abortion-inducing drugs risk significantly more complications than those who undergo surgical abortions; (3) The risk of complications, as well as the failure rate for drug-induced abortions, increases with advancing gestational age; (4) A woman's ability to provide informed consent depends on the extent to which the woman receives information sufficient to make an informed choice; (5) The decision to abort "is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences", as stated in Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976); (6) To facilitate reliable scientific studies and research on the safety and efficacy of abortion-inducing drugs, it is essential that the medical and public health communities have access to accurate information on the efficacy of abortion-inducing drugs and resulting complications; (7) Abortion "recordkeeping and reporting requirements that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality and privacy are permissible", as stated in Planned Parenthood v. Danforth, 428 U.S. 52, 80 (1976); and (8) "The collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the [abortion reporting] requirements serve no purpose other than to make abortions more difficult", as stated in Planned Parenthood v. Casey, 505 U.S. 833, 900-901 (1992). (b) Based on the findings in subsection (a) of this section, it is the purpose of this subchapter to: (1) Protect the health and welfare of every woman considering a drug-induced abortion; (2) Ensure that: (A) A physician examines a woman before prescribing, administering, or dispensing an abortion-inducing drug; and (B) A woman considering a drug-induced abortion receives comprehensive information on abortion-inducing drugs; (3) Reduce "the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed", as stated in Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992); and (4) Add to the sum of medical and public health knowledge through the compilation of relevant data on drug-induced abortions performed in the state, as well as on all medical complications and maternal deaths resulting from these abortions. Amended by Act 2021, No. 562,§ 1, eff. 7/28/2021. Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.

(a) The General Assembly finds that: (1) The use of abortion-inducing drugs, including the Mifeprex regimen, also known as "RU-486" or "mifepristone", presents significant medical risks, including without limitation incomplete abortion, sepsis or other infections, uterine hemorrhage, blood clots, abdominal pain, fever, vomiting, headache, fatigue, pelvic inflammatory disease, and death; (2) Medical evidence demonstrates that women who use abortion-inducing drugs risk significantly more complications than those who undergo surgical abortions; (3) The risk of complications, as well as the failure rate for drug-induced abortions, increases with advancing gestational age; (4) A woman's ability to provide informed consent depends on the extent to which the woman receives information sufficient to make an informed choice; (5) The decision to abort "is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences", as stated in Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976); (6) To facilitate reliable scientific studies and research on the safety and efficacy of abortion-inducing drugs, it is essential that the medical and public health communities have access to accurate information on the efficacy of abortion-inducing drugs and resulting complications; (7) Abortion "recordkeeping and reporting requirements that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality and privacy are permissible", as stated in Planned Parenthood v. Danforth, 428 U.S. 52, 80 (1976); and (8) "The collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the [abortion reporting] requirements serve no purpose other than to make abortions more difficult", as stated in Planned Parenthood v. Casey, 505 U.S. 833, 900-901 (1992).

(1) The use of abortion-inducing drugs, including the Mifeprex regimen, also known as "RU-486" or "mifepristone", presents significant medical risks, including without limitation incomplete abortion, sepsis or other infections, uterine hemorrhage, blood clots, abdominal pain, fever, vomiting, headache, fatigue, pelvic inflammatory disease, and death;

(2) Medical evidence demonstrates that women who use abortion-inducing drugs risk significantly more complications than those who undergo surgical abortions;

(3) The risk of complications, as well as the failure rate for drug-induced abortions, increases with advancing gestational age;

(4) A woman's ability to provide informed consent depends on the extent to which the woman receives information sufficient to make an informed choice;

(5) The decision to abort "is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences", as stated in Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976);

(6) To facilitate reliable scientific studies and research on the safety and efficacy of abortion-inducing drugs, it is essential that the medical and public health communities have access to accurate information on the efficacy of abortion-inducing drugs and resulting complications;

(7) Abortion "recordkeeping and reporting requirements that are reasonably directed to the preservation of maternal health and that properly respect a patient's confidentiality and privacy are permissible", as stated in Planned Parenthood v. Danforth, 428 U.S. 52, 80 (1976); and

(8) "The collection of information with respect to actual patients is a vital element of medical research, and so it cannot be said that the [abortion reporting] requirements serve no purpose other than to make abortions more difficult", as stated in Planned Parenthood v. Casey, 505 U.S. 833, 900-901 (1992).

(b) Based on the findings in subsection (a) of this section, it is the purpose of this subchapter to: (1) Protect the health and welfare of every woman considering a drug-induced abortion; (2) Ensure that: (A) A physician examines a woman before prescribing, administering, or dispensing an abortion-inducing drug; and (B) A woman considering a drug-induced abortion receives comprehensive information on abortion-inducing drugs; (3) Reduce "the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed", as stated in Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992); and (4) Add to the sum of medical and public health knowledge through the compilation of relevant data on drug-induced abortions performed in the state, as well as on all medical complications and maternal deaths resulting from these abortions.

(1) Protect the health and welfare of every woman considering a drug-induced abortion;

(2) Ensure that: (A) A physician examines a woman before prescribing, administering, or dispensing an abortion-inducing drug; and (B) A woman considering a drug-induced abortion receives comprehensive information on abortion-inducing drugs;

(A) A physician examines a woman before prescribing, administering, or dispensing an abortion-inducing drug; and

(B) A woman considering a drug-induced abortion receives comprehensive information on abortion-inducing drugs;

(3) Reduce "the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed", as stated in Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992); and

(4) Add to the sum of medical and public health knowledge through the compilation of relevant data on drug-induced abortions performed in the state, as well as on all medical complications and maternal deaths resulting from these abortions.

Amended by Act 2021, No. 562,§ 1, eff. 7/28/2021.

Added by Act 2015, No. 577,§ 1, eff. 7/22/2015, op. 1/1/2016.
Ark. Code Ann. § 20-23-313 — AR Code / Title 20 / Chapter 23 / Subchapter 3 / Section 20-23-313
Inspection fees - Hearing - Judgment
Status: in_force

(a) The plaintiff shall file notice of the lien with the clerk of the circuit court of the county in which the property is located within ninety (90) days after the date of the inspection of the property, in the form and manner substantially the same as mechanics' liens are now filed. The notices when so filed shall be docketed and placed on file as mechanics' liens are now docketed and kept on file. (b) If the fees are not paid within sixty (60) days after filing of the notice, the plaintiff shall institute a suit to foreclose the lien upon this property in the circuit court of the county in which the lien is filed. The suit shall be filed against the person causing the inspection to be made or claiming as interest at the time the inspection is made. It shall also name such other persons as it may believe to be interested in the property, as owners, mortgagees, or otherwise, make them defendants in the action, and cause service of process, in the manner and form as now provided by law in mechanics' liens cases, to be served upon defendants. (c) (1) The suits shall be given speedy trial, and the judgment, if for the plaintiff, shall be that the plaintiff recover against the property and those found to be interested therein, the amount of the inspection fees, together with interest, cost of suit, and reasonable attorney's fees to be taxed as costs by the court. (2) If the cause is appealed to a higher court, then a similar fee shall be taxed as costs by the court hearing the appeal if the plaintiff shall prevail therein. (d) (1) In its judgment, the court also shall order the property sold to satisfy the lien, judgment, and costs and shall order execution against the defendants against whom judgment is rendered in addition thereto for payment of any judgment and costs over the amount the property may bring at sale. (2) The sale shall be had and conducted in accordance with other judicial sales, as may be directed by the court in which the foreclosure proceedings are conducted. (3) Out of the proceeds of the sale shall be paid the judgment, costs, interest, and expenses of the sale, as in other foreclosure cases. The remainder is to be paid over to the persons decreed by the court to be rightfully entitled to it. Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506.

(a) The plaintiff shall file notice of the lien with the clerk of the circuit court of the county in which the property is located within ninety (90) days after the date of the inspection of the property, in the form and manner substantially the same as mechanics' liens are now filed. The notices when so filed shall be docketed and placed on file as mechanics' liens are now docketed and kept on file.

(b) If the fees are not paid within sixty (60) days after filing of the notice, the plaintiff shall institute a suit to foreclose the lien upon this property in the circuit court of the county in which the lien is filed. The suit shall be filed against the person causing the inspection to be made or claiming as interest at the time the inspection is made. It shall also name such other persons as it may believe to be interested in the property, as owners, mortgagees, or otherwise, make them defendants in the action, and cause service of process, in the manner and form as now provided by law in mechanics' liens cases, to be served upon defendants.

(c) (1) The suits shall be given speedy trial, and the judgment, if for the plaintiff, shall be that the plaintiff recover against the property and those found to be interested therein, the amount of the inspection fees, together with interest, cost of suit, and reasonable attorney's fees to be taxed as costs by the court. (2) If the cause is appealed to a higher court, then a similar fee shall be taxed as costs by the court hearing the appeal if the plaintiff shall prevail therein.

(1) The suits shall be given speedy trial, and the judgment, if for the plaintiff, shall be that the plaintiff recover against the property and those found to be interested therein, the amount of the inspection fees, together with interest, cost of suit, and reasonable attorney's fees to be taxed as costs by the court.

(2) If the cause is appealed to a higher court, then a similar fee shall be taxed as costs by the court hearing the appeal if the plaintiff shall prevail therein.

(d) (1) In its judgment, the court also shall order the property sold to satisfy the lien, judgment, and costs and shall order execution against the defendants against whom judgment is rendered in addition thereto for payment of any judgment and costs over the amount the property may bring at sale. (2) The sale shall be had and conducted in accordance with other judicial sales, as may be directed by the court in which the foreclosure proceedings are conducted. (3) Out of the proceeds of the sale shall be paid the judgment, costs, interest, and expenses of the sale, as in other foreclosure cases. The remainder is to be paid over to the persons decreed by the court to be rightfully entitled to it.

(1) In its judgment, the court also shall order the property sold to satisfy the lien, judgment, and costs and shall order execution against the defendants against whom judgment is rendered in addition thereto for payment of any judgment and costs over the amount the property may bring at sale.

(2) The sale shall be had and conducted in accordance with other judicial sales, as may be directed by the court in which the foreclosure proceedings are conducted.

(3) Out of the proceeds of the sale shall be paid the judgment, costs, interest, and expenses of the sale, as in other foreclosure cases. The remainder is to be paid over to the persons decreed by the court to be rightfully entitled to it.

Acts 1961, No. 494, § 6; 1970 (1st Ex. Sess.), No. 65, § 2; 1975, No. 162, § 3; 1977, No. 404, § 1; 1979, No. 526, § 3; 1981, No. 9, § 3; 1983, No. 303, § 3; A.S.A. 1947, § 81-506.
Ark. Code Ann. § 20-13-103 — AR Code / Title 20 / Chapter 13 / Subchapter 1 / Section 20-13-103
Grant requests - Division and use of funds
Status: in_force

(a) Grant requests for funds from the EMS Enhancement Revolving Fund shall be reviewed by the Emergency Medical Services Advisory Council specified in § 20-13-205 and recommendations for recipients of grant funds made to the Division of Emergency Medical Services of the Department of Health. (b) (1) The grant funds shall be evenly divided between the public, private, and volunteer sectors. (2) For the purposes of this subsection, the public sector shall include only those applicants having paid employees. (c) The grant funds may be used to purchase or fund: (1) (A) Ambulances for use in providing emergency medical services to the residents of Arkansas. (B) Ambulances purchased with these funds shall meet the standards for and be registered at the I-A level or a higher level by the division; (2) (A) Rescue vehicles for use in providing advanced life support or basic life support emergency care. (B) Any vehicle purchased for advanced life support shall meet the standards for and be registered at the advanced rescue level by the division; (3) Equipment required on ambulances or required to provide advanced life support or basic life support rescue services; (4) (A) Training that leads to Arkansas licensure as emergency medical services personnel at the basic or advanced levels. (B) Failure to obtain licensure shall result in the repayment of funds by the grantee; or (5) Emergency medical services-related training approved by the division. (d) (1) The funds may only be used to improve services by increasing the capability and skills of emergency medical services. (2) Funds may not be used to maintain present status, pay salaries or daily operating expenses, contract for services, or purchase real property. (e) The funds may not be used for new services at a lower level than an existing licensed service which has been in operation for more than one (1) year in the service area. (f) (1) All property purchased with the funds shall be returned to the division if the licensed ambulance service ceases operations. (2) The division shall make every effort to redistribute returned property and supplies to the replacement service or other eligible existing services within the same county. (3) Should no eligible service exist or another eligible service not be established in the county within one (l) year, all purchases shall be redistributed by the division as needed. (g) (1) Any vehicle or equipment purchased with these funds shall be used for its intended purpose for at least three (3) years from its date of purchase. (2) Vehicles or equipment damaged or worn out within the three-year period shall be replaced with a like or better item at the grantee's expense. Acts 1995, No. 1271, § 2; 2009, No. 689, § 6.

(a) Grant requests for funds from the EMS Enhancement Revolving Fund shall be reviewed by the Emergency Medical Services Advisory Council specified in § 20-13-205 and recommendations for recipients of grant funds made to the Division of Emergency Medical Services of the Department of Health.

(b) (1) The grant funds shall be evenly divided between the public, private, and volunteer sectors. (2) For the purposes of this subsection, the public sector shall include only those applicants having paid employees.

(1) The grant funds shall be evenly divided between the public, private, and volunteer sectors.

(2) For the purposes of this subsection, the public sector shall include only those applicants having paid employees.

(c) The grant funds may be used to purchase or fund: (1) (A) Ambulances for use in providing emergency medical services to the residents of Arkansas. (B) Ambulances purchased with these funds shall meet the standards for and be registered at the I-A level or a higher level by the division; (2) (A) Rescue vehicles for use in providing advanced life support or basic life support emergency care. (B) Any vehicle purchased for advanced life support shall meet the standards for and be registered at the advanced rescue level by the division; (3) Equipment required on ambulances or required to provide advanced life support or basic life support rescue services; (4) (A) Training that leads to Arkansas licensure as emergency medical services personnel at the basic or advanced levels. (B) Failure to obtain licensure shall result in the repayment of funds by the grantee; or (5) Emergency medical services-related training approved by the division.

(1) (A) Ambulances for use in providing emergency medical services to the residents of Arkansas. (B) Ambulances purchased with these funds shall meet the standards for and be registered at the I-A level or a higher level by the division;

(A) Ambulances for use in providing emergency medical services to the residents of Arkansas.

(B) Ambulances purchased with these funds shall meet the standards for and be registered at the I-A level or a higher level by the division;

(2) (A) Rescue vehicles for use in providing advanced life support or basic life support emergency care. (B) Any vehicle purchased for advanced life support shall meet the standards for and be registered at the advanced rescue level by the division;

(A) Rescue vehicles for use in providing advanced life support or basic life support emergency care.

(B) Any vehicle purchased for advanced life support shall meet the standards for and be registered at the advanced rescue level by the division;

(3) Equipment required on ambulances or required to provide advanced life support or basic life support rescue services;

(4) (A) Training that leads to Arkansas licensure as emergency medical services personnel at the basic or advanced levels. (B) Failure to obtain licensure shall result in the repayment of funds by the grantee; or

(A) Training that leads to Arkansas licensure as emergency medical services personnel at the basic or advanced levels.

(B) Failure to obtain licensure shall result in the repayment of funds by the grantee; or

(5) Emergency medical services-related training approved by the division.

(d) (1) The funds may only be used to improve services by increasing the capability and skills of emergency medical services. (2) Funds may not be used to maintain present status, pay salaries or daily operating expenses, contract for services, or purchase real property.

(1) The funds may only be used to improve services by increasing the capability and skills of emergency medical services.

(2) Funds may not be used to maintain present status, pay salaries or daily operating expenses, contract for services, or purchase real property.

(e) The funds may not be used for new services at a lower level than an existing licensed service which has been in operation for more than one (1) year in the service area.

(f) (1) All property purchased with the funds shall be returned to the division if the licensed ambulance service ceases operations. (2) The division shall make every effort to redistribute returned property and supplies to the replacement service or other eligible existing services within the same county. (3) Should no eligible service exist or another eligible service not be established in the county within one (l) year, all purchases shall be redistributed by the division as needed.

(1) All property purchased with the funds shall be returned to the division if the licensed ambulance service ceases operations.

(2) The division shall make every effort to redistribute returned property and supplies to the replacement service or other eligible existing services within the same county.

(3) Should no eligible service exist or another eligible service not be established in the county within one (l) year, all purchases shall be redistributed by the division as needed.

(g) (1) Any vehicle or equipment purchased with these funds shall be used for its intended purpose for at least three (3) years from its date of purchase. (2) Vehicles or equipment damaged or worn out within the three-year period shall be replaced with a like or better item at the grantee's expense.

(1) Any vehicle or equipment purchased with these funds shall be used for its intended purpose for at least three (3) years from its date of purchase.

(2) Vehicles or equipment damaged or worn out within the three-year period shall be replaced with a like or better item at the grantee's expense.

Acts 1995, No. 1271, § 2; 2009, No. 689, § 6.
Ark. Code Ann. § 20-78-801 — AR Code / Title 20 / Chapter 78 / Subchapter 8 / Section 20-78-801
Credential and endorsement - Definition
Status: in_force

(a) (1) A person teaching in a public early childhood education program may obtain a birth through prekindergarten teaching credential from the Division of Child Care and Early Childhood Education of the Department of Human Services. (2) Subdivision (a)(1) of this section shall not be construed to permit a person teaching in a public early childhood education program to utilize the teaching credential in lieu of a P-4 teaching license issued by the State Board of Education when the license is required. (b) As used in this subchapter, "public early childhood education program" means an education program that: (1) All or part of which is funded with state or federal funds; and (2) Serves children whose ages may range from birth through prekindergarten. (c) (1) The division shall develop the teaching credential under this subchapter not later than January 31, 2010. (2) The teaching credential is valid for five (5) years and may be renewed upon completion of the requirements set forth in law and established by the division. (3) An applicant for an initial teaching credential or a renewal teaching credential is not required to pay a fee for submitting the application or obtaining the teaching credential. (d) Institutions of higher education in this state may submit to the Department of Education proposals for the creation of a birth through prekindergarten endorsement for P-4 teacher licensure. Acts 2009, No. 187, § 3.

(a) (1) A person teaching in a public early childhood education program may obtain a birth through prekindergarten teaching credential from the Division of Child Care and Early Childhood Education of the Department of Human Services. (2) Subdivision (a)(1) of this section shall not be construed to permit a person teaching in a public early childhood education program to utilize the teaching credential in lieu of a P-4 teaching license issued by the State Board of Education when the license is required.

(1) A person teaching in a public early childhood education program may obtain a birth through prekindergarten teaching credential from the Division of Child Care and Early Childhood Education of the Department of Human Services.

(2) Subdivision (a)(1) of this section shall not be construed to permit a person teaching in a public early childhood education program to utilize the teaching credential in lieu of a P-4 teaching license issued by the State Board of Education when the license is required.

(b) As used in this subchapter, "public early childhood education program" means an education program that: (1) All or part of which is funded with state or federal funds; and (2) Serves children whose ages may range from birth through prekindergarten.

(1) All or part of which is funded with state or federal funds; and

(2) Serves children whose ages may range from birth through prekindergarten.

(c) (1) The division shall develop the teaching credential under this subchapter not later than January 31, 2010. (2) The teaching credential is valid for five (5) years and may be renewed upon completion of the requirements set forth in law and established by the division. (3) An applicant for an initial teaching credential or a renewal teaching credential is not required to pay a fee for submitting the application or obtaining the teaching credential.

(1) The division shall develop the teaching credential under this subchapter not later than January 31, 2010.

(2) The teaching credential is valid for five (5) years and may be renewed upon completion of the requirements set forth in law and established by the division.

(3) An applicant for an initial teaching credential or a renewal teaching credential is not required to pay a fee for submitting the application or obtaining the teaching credential.

(d) Institutions of higher education in this state may submit to the Department of Education proposals for the creation of a birth through prekindergarten endorsement for P-4 teacher licensure.

Acts 2009, No. 187, § 3.
Ark. Code Ann. § 20-78-221 — AR Code / Title 20 / Chapter 78 / Subchapter 2 / Section 20-78-221
Voluntary registration
Status: in_force

(a) Registry. There shall be created a voluntary registry of day care family homes that are not required by this subchapter to be licensed by the Division of Child Care and Early Childhood Education. The registry shall be maintained by the division. (b) Procedure for Registration. Day care family homes exempt from licensure may voluntarily register the home with the registry established, operated, and maintained by the division. A person wishing to participate in the voluntary registry shall make an application to the division. Upon receipt of the application, the division shall review the applicant's written application, qualifications, and proposed operation to determine compliance with registry rules. The division shall issue a certificate of registration to the applicant which authorizes the applicant to operate a registered day care family home only upon final determination of an applicant's compliance with the rules established for registration. (c) Rules. (1) The division is authorized to establish rules that a day care family home shall meet in order to be registered by the Department of Human Services. (2) The division shall have the right to enter and inspect a registered day care family home if there is reason to believe that the home is in violation of the registry rules and to ensure compliance with the rules established by the division. (d) Removal or Denial of Registration. If after review of the submitted application, it is determined that the day care family home is not in compliance with the rules for the registry as established by the division, the division shall immediately deny or remove the home from the registry. Upon removal from the registry, a day care family home may no longer be considered a registered home. (e) Right to Appeal. (1) A person whose registration has been denied or who is removed from the voluntary registry due to violation of rules may appeal the action to the department in accordance with Arkansas law and state rules. (2) The appeal does not stay the denial or removal from the registry. (f) Renewal of Registration. (1) The registration of the day care family home shall continue in effect until removed as provided in this subchapter. (2) The division shall have the right to investigate and inspect the premises when there is reason to believe that violations exist and to make sure that the home is still in compliance with the rules established for the voluntary registry of day care family homes. (g) Surrender of Registration. At any time, the owner of the registered day care family home may voluntarily surrender his or her certificate of registration. Upon surrender, that home shall be removed from the registry of day care family homes operated by the division. Amended by Act 2019, No. 315,§ 2295, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2294, eff. 7/24/2019. Acts 1989, No. 46, § 1; 1997, No. 1132, § 20.

(a) Registry. There shall be created a voluntary registry of day care family homes that are not required by this subchapter to be licensed by the Division of Child Care and Early Childhood Education. The registry shall be maintained by the division.

(b) Procedure for Registration. Day care family homes exempt from licensure may voluntarily register the home with the registry established, operated, and maintained by the division. A person wishing to participate in the voluntary registry shall make an application to the division. Upon receipt of the application, the division shall review the applicant's written application, qualifications, and proposed operation to determine compliance with registry rules. The division shall issue a certificate of registration to the applicant which authorizes the applicant to operate a registered day care family home only upon final determination of an applicant's compliance with the rules established for registration.

(c) Rules. (1) The division is authorized to establish rules that a day care family home shall meet in order to be registered by the Department of Human Services. (2) The division shall have the right to enter and inspect a registered day care family home if there is reason to believe that the home is in violation of the registry rules and to ensure compliance with the rules established by the division.

(1) The division is authorized to establish rules that a day care family home shall meet in order to be registered by the Department of Human Services.

(2) The division shall have the right to enter and inspect a registered day care family home if there is reason to believe that the home is in violation of the registry rules and to ensure compliance with the rules established by the division.

(d) Removal or Denial of Registration. If after review of the submitted application, it is determined that the day care family home is not in compliance with the rules for the registry as established by the division, the division shall immediately deny or remove the home from the registry. Upon removal from the registry, a day care family home may no longer be considered a registered home.

(e) Right to Appeal. (1) A person whose registration has been denied or who is removed from the voluntary registry due to violation of rules may appeal the action to the department in accordance with Arkansas law and state rules. (2) The appeal does not stay the denial or removal from the registry.

(1) A person whose registration has been denied or who is removed from the voluntary registry due to violation of rules may appeal the action to the department in accordance with Arkansas law and state rules.

(2) The appeal does not stay the denial or removal from the registry.

(f) Renewal of Registration. (1) The registration of the day care family home shall continue in effect until removed as provided in this subchapter. (2) The division shall have the right to investigate and inspect the premises when there is reason to believe that violations exist and to make sure that the home is still in compliance with the rules established for the voluntary registry of day care family homes.

(1) The registration of the day care family home shall continue in effect until removed as provided in this subchapter.

(2) The division shall have the right to investigate and inspect the premises when there is reason to believe that violations exist and to make sure that the home is still in compliance with the rules established for the voluntary registry of day care family homes.

(g) Surrender of Registration. At any time, the owner of the registered day care family home may voluntarily surrender his or her certificate of registration. Upon surrender, that home shall be removed from the registry of day care family homes operated by the division.

Amended by Act 2019, No. 315,§ 2295, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2294, eff. 7/24/2019.

Acts 1989, No. 46, § 1; 1997, No. 1132, § 20.
Ark. Code Ann. § 20-59-201 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-201
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) Milk. (A) "Whole milk" means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before or five (5) days after calving or such longer period as may be necessary to render the milk practically colostrum free, and when offered for sale must contain not less than three and one-fourth percent (31/4%) of butterfat, and eight and one-fourth percent (81/4%) solids not fat; (B) Milk for manufacturing purposes may contain less than three and one-fourth percent (31/4%) of butterfat but must be delivered pure, sweet, and clean; (C) "Skimmed milk" means milk from which a sufficient portion of milk fat has been removed to reduce its milk fat percentage to less than three and one-fourth percent (31/4%); and (D) "Cream" means that portion of milk rich in butterfat which rises to the surface of the milk on standing or is separated from it by centrifugal force, containing not less than eighteen percent (18%) of butterfat; (2) Dairy Products. "Dairy products or milk products" means the pure, clean, and wholesome milk, cream, pure milk fat, butter, cheese, ice cream, ice cream mix, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk, dried skimmed milk, or any derivatives of milk or combination of products made from milk; (3) Cheese. (A) "Cheese" means the product made from the separated curd obtained by coagulating the casein of milk, skimmed milk, or milk enriched with cream. The coagulation is accomplished by means of rennet or other suitable enzyme, lactic fermentation, or by a combination of any two (2) processes. The curd may be modified by heat, pressure, ripening ferments, special molds, or suitable seasoning. Certain varieties of cheese are made from the milk of animals other than the cow, and any cheese defined in this subchapter may contain added coloring matter. The name "cheese" unqualified means cheddar cheese, American cheese, or American cheddar cheese; (B) "Cheddar cheese", "American cheese", or "American cheddar cheese" means the cheese made by the cheddar process from heated and pressed curd obtained by the action of rennet on milk. It contains not more than thirty-nine percent (39%) water, and in the water-free substance, not less than fifty percent (50%) of milk fat; (C) "Skim milk cheese" means cheese made from milk, the finished product of which contains less than fifty percent (50%) of butterfat based on the moisture-free substance or contains more than thirty-nine percent (39%) moisture; (D) "Pasteurized cheese" or "pasteurized-blended cheese" means the pasteurized product made by comminuting and mixing, with the aid of heat and water, one (1) or more lots of cheese into a homogeneous, plastic mass. The unqualified name "pasteurized cheeses" or "pasteurized-blended cheese" is understood to mean pasteurized cheddar cheese or pasteurized blended cheddar cheese and applies to a product which conforms to the standard for cheddar cheese. Pasteurized cheese or pasteurized-blended cheese, bearing a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety; (E) "Process cheese" means the modified cheese made by comminuting and mixing one (1) or more lots of cheese into a homogeneous plastic mass, with the aid of heat, with or without the addition of water, and with the incorporation of not more than three percent (3%) of a suitable emulsifying agent. The name "process cheese", unqualified, is understood to mean process cheddar cheese and applies to a product which contains not more than forty percent (40%) water and, in the water-free substance, not less than fifty percent (50%) milk fat. Process cheese, qualified by a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety; (F) "Casein" means that product made from skimmed milk or buttermilk obtained by precipitating the casein by the addition of acids or whey. The casein may be subsequently washed, ground, and dried; and (G) "Whey" means the product remaining after the removal of fat and casein from milk in the process of cheese making; (4) Ice Cream - Frozen Desserts and Drinks. (A) "Frozen desserts" means ice cream, ice cream mix, frozen malted milk, frozen custard, ice milk, milk sherbets, ice or ice sherbets, and imitation ice cream as defined in this subchapter when manufactured for commercial purposes; (B) "Ice cream" means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, egg products, water, and sugar with harmless flavoring and with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than eighteen percent (18%) by weight of total milk solids. However, when fruit, fruit juices, nuts, cocoa or chocolate, chocolate syrup, maple syrup, cakes or confections, or other wholesome pure food products are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids, as is due to the addition of the flavoring. In no such case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice cream contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon; (C) "Ice cream mix" means a product which results from the mixture of pure clean dairy products, sugar, and other products allowed in the use of ice cream and with or without harmless flavoring and coloring. In no case shall ice cream mix contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids. When fruit, nuts, cocoa or chocolate, maple syrup, cakes, or confections are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids as is due to the addition of the flavoring, but in no case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids; (D) "Frozen malted milk" means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer, and in the manufacture of which freezing has been accompanied by agitation of the ingredients. It contains not more than one-half of one percent (1/2 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than three percent (3%) by weight of milk fat, nor more than ten percent (10%) by weight of total milk solids, and not less than one-half of one percent (1/2 of 1%) by weight of malted milk. In no case shall frozen malted milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon; (E) "Fountain malted milk" means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer; and it contains not more than one-half of one percent (1/2 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than four percent (4%) by weight of milk fat, not less than twelve percent (12%) by weight of total milk solids, and not less than one-half of one percent (1/2 of 1%) by weight of malted milk; (F) "Frozen custard" means French ice cream, French custard ice cream, ice custard, parfaits, and similar frozen products. Frozen custard is a clean wholesome product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without harmless coloring and with or without added stabilizers composed of wholesome edible material. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than fourteen percent (14%) by weight of total milk solids. Frozen custard shall contain not less than two and one-half (21/2) dozen of clean, wholesome egg yolks, or three-fourths pounds (3/4 lbs.) of wholesome, dry egg yolk containing not to exceed seven percent (7%) of moisture, or one and one-half pounds (11/2 lbs.) of wholesome frozen egg yolk containing not to exceed fifty-five percent (55%) of moisture, or the equivalent of egg yolk in any other form, for each ninety pounds (90 lbs.) of frozen custard. In no case shall any frozen custard contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon; (G) "Ice milk" means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without added stabilizer composed of wholesome, edible material, and with or without harmless coloring. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizers, not less than three percent (3%) and not more than ten percent (10%) by weight of milk fat and not less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon; (H) "Milk sherbet" means the pure, clean, frozen product made from milk products, water, and sugar, with harmless fruit, fruit acid, or fruit juice flavoring, and with or without harmless coloring, and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains not less than four percent (4%) by weight of milk solids; (I) "Ice or ice sherbet" means the pure, clean, frozen product made from water and sugar with harmless fruit or fruit juice flavoring, with or without harmless coloring and with or without milk products and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains less than four percent (4%) by weight of milk solids; and (J) "Imitation ice cream" means any frozen substance, mixture, or compound, regardless of the name under which it is represented, which is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen, and which is not ice cream, frozen custard, ice milk, frozen malted milk, sherbet, or ice as defined in this law. No person shall sell imitation ice cream. However, "mellorine" and "mellorine mix" defined in subdivision (4)(J)(i) (a) of this section shall not be construed to be "imitation ice cream", and nothing in this subchapter shall be construed to prevent or prohibit the manufacture or sale of "mellorine" and "mellorine mix" as defined: (i) (a) Description. (1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine; (2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (41/2 lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and (3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (21/2); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10); (b) Fortification. Vitamin A is present in a quantity which will ensure that forty international units (40 IU) are available for each gram of fat in mellorine or mellorine mix within limits of good manufacturing practice; (c) Methods of Analysis. Fat and protein content and the protein efficiency ratio shall be determined by the following methods contained in the latest edition of Official Methods of Analysis of AOAC International: (1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association; (2) Protein content shall be determined by one (1) of the following methods: "Nitrogen - Official Final Action", Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and (3) Protein efficiency ratio shall be determined by this method: "Biological Evaluation of Protein Quality - Official Final Action" Sections 39.166 - 39.170; (d) Nomenclature. The name of the food is "mellorine". The name of the mix which is frozen to produce mellorine is "mellorine mix". The name of the food or mix on the label shall be accompanied by a declaration indicating the presence of characterizing flavoring; and (e) Label Declaration. The common or usual name of each of the ingredients used shall be declared on the label, except that sources of milk fat or milk solids not fat may be declared, in descending order of predominance, either by the use of the term "milk fat" or "nonfat milk"; (ii) For the purpose of this definition and standard of identity, food fats are edible natural fats derived from vegetable sources including only such milk fat as is normally contained in the products enumerated in subdivision (4)(J)(iii) of this section. Harmless optional ingredients may be used to prevent fat oxidation in an amount not exceeding five one-thousandths of one percent (5/1000 of 1%) of the weight of the fat used. No edible vegetable oil shall be used which does not meet the standards prescribed by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 ; (iii) "Milk solids not fat" shall mean and include skim milk, evaporated or condensed concentrated skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk, whether fluid, condensed, or dried, and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis; (iv) "Sugar" or "other sweeteners" shall mean and include sugar, liquid sugar, dextrose, which is paste or syrup, invert sugar, lactose, corn sugar, dried or liquid corn syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, and molasses, other than blackstrap; (v) "Flavors" shall mean and include: (a) Natural food flavoring; (b) Artificial food flavoring; (c) Fruit juice, which may be sweetened and thickened with stabilizer; (d) Chocolate; (e) Cocoa; (f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid; (g) Nut meats; and (h) Confectionery; and (vi) "Stabilizers" shall mean and include gelatins, algin, extractive of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed, gum, monoglycerides, or diglycerides, both of fat-forming fatty acids or other harmless stabilizer or emulsifier; (5) Miscellaneous Products. Varieties, types, and kinds of milk and dairy products which are not defined in this section shall be manufactured and marketed under the standards of composition promulgated by the Bureau of Standards of the United States Food and Drug Administration, or may be promulgated by the Secretary of the Department of Health under authority vested in him or her to make and promulgate rules; (6) Pasteurization. "Pasteurization" is defined to mean the heating of every particle of the milk, cream, ice cream mix, or milk products used in the manufacture of ice cream or butter to a temperature of at least one hundred forty-five degrees Fahrenheit (145° F) and held at the temperature for thirty (30) minutes, provided that any other method of pasteurization which has been proved of equal value may be used when approved by the American Dairy Science Association. Frozen dessert pasteurization vats shall be provided with recording thermometers and charts filed for record; (7) Condensed or Evaporated Milk. (A) "Condensed milk", "evaporated milk", or "concentrated milk" is that product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, and contains, all tolerances being allowed for, not less than twenty-five and one-half percent (25 1/2%) of total solids and not less than seven and nine-tenths percent (7 9/10%) of milk fat; (B) "Sweetened condensed milk", "sweetened evaporated milk", or "sweetened concentrated milk" is the product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of total milk solids and not less than eight percent (8%) of milk fat; (C) "Condensed skimmed milk", "evaporated skimmed milk", or "concentrated skimmed milk" is the product resulting from the evaporation of a considerable portion of the water from skimmed milk which contains, all tolerances being allowed for, not less than twenty percent (20%) of milk solids; and (D) "Sweetened condensed skimmed milk", "sweetened evaporated skimmed milk", or "sweetened concentrated skimmed milk" is the product resulting from the evaporation of a considerable portion of the water from skimmed milk to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of milk solids; (8) Butter. (A) "Butter" is the food product usually known as "butter", and which is made exclusively from milk or cream, or both, with or without common salt and with or without additional coloring matter, to contain not less than eighty percent (80%) by weight of milk fat, all tolerances being allowed for; (B) (i) "Renovated or process butter" is the product made by melting butter and reworking the butter, without the addition or use of chemicals or any substances except milk, cream, or salt, that contains not less than eighty percent (80%) butterfat or that is made in accordance with current standards established by the United States Food and Drug Administration. (ii) Renovated or process butter may also contain harmless coloring matter. (iii) (a) The amount of butterfat in the product of any manufacturer, or in any given quantity of butter or renovated or process butter shall be determined by taking three (3) samples from three (3) different packages of the manufacturer or from any one (1) tub or churning of butter and a careful analysis made by the official method adopted by the AOAC International. (b) If this analysis shows less than eighty percent (80%) butterfat, the butter or renovated or process butter that was analyzed is deemed adulterated butter, and the manufacturer, upon conviction, is guilty of a Class A misdemeanor. (c) Butter or renovated or process butter that is deemed adulterated butter shall be melted and reworked before being offered for sale; (9) Cream. (A) "Sour cream" is cream, the acidity of which is more than two-tenths of one percent (2/10 of 1%), expressed as lactic acid; (B) "Sweet cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of fresh, clean, fine-flavored cream, the acidity of which does not exceed two-tenths of one percent (2/10 of 1%) calculated as lactic acid; (C) "First grade cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is smooth, clean, free from undesirable odors and flavors, and shall contain not less than twenty-five percent (25%) of butterfat; (D) "Second grade cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is too old to grade as "first grade" and may contain objectionable flavors and odors in a moderate degree; and (E) "Unlawful cream or milk" means cream or milk which contains dirt, filth, gasoline, kerosene, or other foreign matter, or which has been contaminated by insects, rodents, or other animals or that is stale, cheesy, rancid, putrid, decomposed, or is otherwise unfit for human consumption; and (10) Miscellaneous Definitions. (A) "Dairy products plants" shall include all places where dairy products, as defined in this subchapter, are bottled, processed, frozen, or manufactured; (B) "Milk or cream station" shall be considered to mean any place where milk or cream may be received or purchased and held for shipment or delivery to a dairy products plant; (C) "Truck route" shall be considered to mean any person, as defined in subdivision (10)(G) of this section, collecting cream or milk from the producer for the purpose of manufacture into butter, cheese, ice cream, condensed or powdered milk, or for bottled purposes; (D) "Field superintendent" shall be considered to mean any qualified person who is the authorized representative of any person, firm, company, or corporation engaged in buying, selling, or manufacturing dairy products and who has supervision over the procurement of raw materials to be manufactured into dairy products; (E) "Station operator" shall be considered to mean any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for the products; (F) "Cream or milk grader" shall be considered to mean any person who shall have passed a satisfactory examination as to his or her qualifications and to have actually demonstrated his or her ability before the secretary or his or her assistants, to determine the quality of cream or milk purchased for the purpose of manufacture into dairy products; and (G) The term "person" shall be considered to include an individual, or a partnership, corporation, or association. Amended by Act 2019, No. 315,§ 2189, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5052, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5051, eff. 7/1/2019. Amended by Act 2015, No. 1157,§ 7, eff. 7/22/2015. Acts 1941, No. 114, § 1; 1953, No. 416, § 1; 1979, No. 521, § 1; 1983, No. 289, § 1; A.S.A. 1947, § 82-912.

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

(1) Milk. (A) "Whole milk" means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before or five (5) days after calving or such longer period as may be necessary to render the milk practically colostrum free, and when offered for sale must contain not less than three and one-fourth percent (31/4%) of butterfat, and eight and one-fourth percent (81/4%) solids not fat; (B) Milk for manufacturing purposes may contain less than three and one-fourth percent (31/4%) of butterfat but must be delivered pure, sweet, and clean; (C) "Skimmed milk" means milk from which a sufficient portion of milk fat has been removed to reduce its milk fat percentage to less than three and one-fourth percent (31/4%); and (D) "Cream" means that portion of milk rich in butterfat which rises to the surface of the milk on standing or is separated from it by centrifugal force, containing not less than eighteen percent (18%) of butterfat;

(A) "Whole milk" means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before or five (5) days after calving or such longer period as may be necessary to render the milk practically colostrum free, and when offered for sale must contain not less than three and one-fourth percent (31/4%) of butterfat, and eight and one-fourth percent (81/4%) solids not fat;

(B) Milk for manufacturing purposes may contain less than three and one-fourth percent (31/4%) of butterfat but must be delivered pure, sweet, and clean;

(C) "Skimmed milk" means milk from which a sufficient portion of milk fat has been removed to reduce its milk fat percentage to less than three and one-fourth percent (31/4%); and

(D) "Cream" means that portion of milk rich in butterfat which rises to the surface of the milk on standing or is separated from it by centrifugal force, containing not less than eighteen percent (18%) of butterfat;

(2) Dairy Products. "Dairy products or milk products" means the pure, clean, and wholesome milk, cream, pure milk fat, butter, cheese, ice cream, ice cream mix, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk, dried skimmed milk, or any derivatives of milk or combination of products made from milk;

(3) Cheese. (A) "Cheese" means the product made from the separated curd obtained by coagulating the casein of milk, skimmed milk, or milk enriched with cream. The coagulation is accomplished by means of rennet or other suitable enzyme, lactic fermentation, or by a combination of any two (2) processes. The curd may be modified by heat, pressure, ripening ferments, special molds, or suitable seasoning. Certain varieties of cheese are made from the milk of animals other than the cow, and any cheese defined in this subchapter may contain added coloring matter. The name "cheese" unqualified means cheddar cheese, American cheese, or American cheddar cheese; (B) "Cheddar cheese", "American cheese", or "American cheddar cheese" means the cheese made by the cheddar process from heated and pressed curd obtained by the action of rennet on milk. It contains not more than thirty-nine percent (39%) water, and in the water-free substance, not less than fifty percent (50%) of milk fat; (C) "Skim milk cheese" means cheese made from milk, the finished product of which contains less than fifty percent (50%) of butterfat based on the moisture-free substance or contains more than thirty-nine percent (39%) moisture; (D) "Pasteurized cheese" or "pasteurized-blended cheese" means the pasteurized product made by comminuting and mixing, with the aid of heat and water, one (1) or more lots of cheese into a homogeneous, plastic mass. The unqualified name "pasteurized cheeses" or "pasteurized-blended cheese" is understood to mean pasteurized cheddar cheese or pasteurized blended cheddar cheese and applies to a product which conforms to the standard for cheddar cheese. Pasteurized cheese or pasteurized-blended cheese, bearing a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety; (E) "Process cheese" means the modified cheese made by comminuting and mixing one (1) or more lots of cheese into a homogeneous plastic mass, with the aid of heat, with or without the addition of water, and with the incorporation of not more than three percent (3%) of a suitable emulsifying agent. The name "process cheese", unqualified, is understood to mean process cheddar cheese and applies to a product which contains not more than forty percent (40%) water and, in the water-free substance, not less than fifty percent (50%) milk fat. Process cheese, qualified by a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety; (F) "Casein" means that product made from skimmed milk or buttermilk obtained by precipitating the casein by the addition of acids or whey. The casein may be subsequently washed, ground, and dried; and (G) "Whey" means the product remaining after the removal of fat and casein from milk in the process of cheese making;

(A) "Cheese" means the product made from the separated curd obtained by coagulating the casein of milk, skimmed milk, or milk enriched with cream. The coagulation is accomplished by means of rennet or other suitable enzyme, lactic fermentation, or by a combination of any two (2) processes. The curd may be modified by heat, pressure, ripening ferments, special molds, or suitable seasoning. Certain varieties of cheese are made from the milk of animals other than the cow, and any cheese defined in this subchapter may contain added coloring matter. The name "cheese" unqualified means cheddar cheese, American cheese, or American cheddar cheese;

(B) "Cheddar cheese", "American cheese", or "American cheddar cheese" means the cheese made by the cheddar process from heated and pressed curd obtained by the action of rennet on milk. It contains not more than thirty-nine percent (39%) water, and in the water-free substance, not less than fifty percent (50%) of milk fat;

(C) "Skim milk cheese" means cheese made from milk, the finished product of which contains less than fifty percent (50%) of butterfat based on the moisture-free substance or contains more than thirty-nine percent (39%) moisture;

(D) "Pasteurized cheese" or "pasteurized-blended cheese" means the pasteurized product made by comminuting and mixing, with the aid of heat and water, one (1) or more lots of cheese into a homogeneous, plastic mass. The unqualified name "pasteurized cheeses" or "pasteurized-blended cheese" is understood to mean pasteurized cheddar cheese or pasteurized blended cheddar cheese and applies to a product which conforms to the standard for cheddar cheese. Pasteurized cheese or pasteurized-blended cheese, bearing a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety;

(E) "Process cheese" means the modified cheese made by comminuting and mixing one (1) or more lots of cheese into a homogeneous plastic mass, with the aid of heat, with or without the addition of water, and with the incorporation of not more than three percent (3%) of a suitable emulsifying agent. The name "process cheese", unqualified, is understood to mean process cheddar cheese and applies to a product which contains not more than forty percent (40%) water and, in the water-free substance, not less than fifty percent (50%) milk fat. Process cheese, qualified by a varietal name, is made from cheese of the variety indicated by the name and conforms to the limits for fat and moisture for cheese of that variety;

(F) "Casein" means that product made from skimmed milk or buttermilk obtained by precipitating the casein by the addition of acids or whey. The casein may be subsequently washed, ground, and dried; and

(G) "Whey" means the product remaining after the removal of fat and casein from milk in the process of cheese making;

(4) Ice Cream - Frozen Desserts and Drinks. (A) "Frozen desserts" means ice cream, ice cream mix, frozen malted milk, frozen custard, ice milk, milk sherbets, ice or ice sherbets, and imitation ice cream as defined in this subchapter when manufactured for commercial purposes; (B) "Ice cream" means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, egg products, water, and sugar with harmless flavoring and with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than eighteen percent (18%) by weight of total milk solids. However, when fruit, fruit juices, nuts, cocoa or chocolate, chocolate syrup, maple syrup, cakes or confections, or other wholesome pure food products are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids, as is due to the addition of the flavoring. In no such case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice cream contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon; (C) "Ice cream mix" means a product which results from the mixture of pure clean dairy products, sugar, and other products allowed in the use of ice cream and with or without harmless flavoring and coloring. In no case shall ice cream mix contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids. When fruit, nuts, cocoa or chocolate, maple syrup, cakes, or confections are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids as is due to the addition of the flavoring, but in no case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids; (D) "Frozen malted milk" means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer, and in the manufacture of which freezing has been accompanied by agitation of the ingredients. It contains not more than one-half of one percent (1/2 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than three percent (3%) by weight of milk fat, nor more than ten percent (10%) by weight of total milk solids, and not less than one-half of one percent (1/2 of 1%) by weight of malted milk. In no case shall frozen malted milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon; (E) "Fountain malted milk" means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer; and it contains not more than one-half of one percent (1/2 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than four percent (4%) by weight of milk fat, not less than twelve percent (12%) by weight of total milk solids, and not less than one-half of one percent (1/2 of 1%) by weight of malted milk; (F) "Frozen custard" means French ice cream, French custard ice cream, ice custard, parfaits, and similar frozen products. Frozen custard is a clean wholesome product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without harmless coloring and with or without added stabilizers composed of wholesome edible material. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than fourteen percent (14%) by weight of total milk solids. Frozen custard shall contain not less than two and one-half (21/2) dozen of clean, wholesome egg yolks, or three-fourths pounds (3/4 lbs.) of wholesome, dry egg yolk containing not to exceed seven percent (7%) of moisture, or one and one-half pounds (11/2 lbs.) of wholesome frozen egg yolk containing not to exceed fifty-five percent (55%) of moisture, or the equivalent of egg yolk in any other form, for each ninety pounds (90 lbs.) of frozen custard. In no case shall any frozen custard contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon; (G) "Ice milk" means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without added stabilizer composed of wholesome, edible material, and with or without harmless coloring. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizers, not less than three percent (3%) and not more than ten percent (10%) by weight of milk fat and not less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon; (H) "Milk sherbet" means the pure, clean, frozen product made from milk products, water, and sugar, with harmless fruit, fruit acid, or fruit juice flavoring, and with or without harmless coloring, and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains not less than four percent (4%) by weight of milk solids; (I) "Ice or ice sherbet" means the pure, clean, frozen product made from water and sugar with harmless fruit or fruit juice flavoring, with or without harmless coloring and with or without milk products and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains less than four percent (4%) by weight of milk solids; and (J) "Imitation ice cream" means any frozen substance, mixture, or compound, regardless of the name under which it is represented, which is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen, and which is not ice cream, frozen custard, ice milk, frozen malted milk, sherbet, or ice as defined in this law. No person shall sell imitation ice cream. However, "mellorine" and "mellorine mix" defined in subdivision (4)(J)(i) (a) of this section shall not be construed to be "imitation ice cream", and nothing in this subchapter shall be construed to prevent or prohibit the manufacture or sale of "mellorine" and "mellorine mix" as defined: (i) (a) Description. (1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine; (2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (41/2 lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and (3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (21/2); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10); (b) Fortification. Vitamin A is present in a quantity which will ensure that forty international units (40 IU) are available for each gram of fat in mellorine or mellorine mix within limits of good manufacturing practice; (c) Methods of Analysis. Fat and protein content and the protein efficiency ratio shall be determined by the following methods contained in the latest edition of Official Methods of Analysis of AOAC International: (1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association; (2) Protein content shall be determined by one (1) of the following methods: "Nitrogen - Official Final Action", Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and (3) Protein efficiency ratio shall be determined by this method: "Biological Evaluation of Protein Quality - Official Final Action" Sections 39.166 - 39.170; (d) Nomenclature. The name of the food is "mellorine". The name of the mix which is frozen to produce mellorine is "mellorine mix". The name of the food or mix on the label shall be accompanied by a declaration indicating the presence of characterizing flavoring; and (e) Label Declaration. The common or usual name of each of the ingredients used shall be declared on the label, except that sources of milk fat or milk solids not fat may be declared, in descending order of predominance, either by the use of the term "milk fat" or "nonfat milk"; (ii) For the purpose of this definition and standard of identity, food fats are edible natural fats derived from vegetable sources including only such milk fat as is normally contained in the products enumerated in subdivision (4)(J)(iii) of this section. Harmless optional ingredients may be used to prevent fat oxidation in an amount not exceeding five one-thousandths of one percent (5/1000 of 1%) of the weight of the fat used. No edible vegetable oil shall be used which does not meet the standards prescribed by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 ; (iii) "Milk solids not fat" shall mean and include skim milk, evaporated or condensed concentrated skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk, whether fluid, condensed, or dried, and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis; (iv) "Sugar" or "other sweeteners" shall mean and include sugar, liquid sugar, dextrose, which is paste or syrup, invert sugar, lactose, corn sugar, dried or liquid corn syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, and molasses, other than blackstrap; (v) "Flavors" shall mean and include: (a) Natural food flavoring; (b) Artificial food flavoring; (c) Fruit juice, which may be sweetened and thickened with stabilizer; (d) Chocolate; (e) Cocoa; (f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid; (g) Nut meats; and (h) Confectionery; and (vi) "Stabilizers" shall mean and include gelatins, algin, extractive of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed, gum, monoglycerides, or diglycerides, both of fat-forming fatty acids or other harmless stabilizer or emulsifier;

(A) "Frozen desserts" means ice cream, ice cream mix, frozen malted milk, frozen custard, ice milk, milk sherbets, ice or ice sherbets, and imitation ice cream as defined in this subchapter when manufactured for commercial purposes;

(B) "Ice cream" means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, egg products, water, and sugar with harmless flavoring and with or without harmless coloring and with or without added stabilizer composed of wholesome edible material. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than eighteen percent (18%) by weight of total milk solids. However, when fruit, fruit juices, nuts, cocoa or chocolate, chocolate syrup, maple syrup, cakes or confections, or other wholesome pure food products are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids, as is due to the addition of the flavoring. In no such case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice cream contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon;

(C) "Ice cream mix" means a product which results from the mixture of pure clean dairy products, sugar, and other products allowed in the use of ice cream and with or without harmless flavoring and coloring. In no case shall ice cream mix contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids. When fruit, nuts, cocoa or chocolate, maple syrup, cakes, or confections are used for the purpose of flavoring, then it shall not contain less than ten percent (10%) by weight of milk fat and not less than eighteen percent (18%) by weight of total milk solids, except for such reduction in milk fat and in total milk solids as is due to the addition of the flavoring, but in no case shall it contain less than eight percent (8%) by weight of milk fat nor less than fourteen percent (14%) by weight of total milk solids;

(D) "Frozen malted milk" means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer, and in the manufacture of which freezing has been accompanied by agitation of the ingredients. It contains not more than one-half of one percent (1/2 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than three percent (3%) by weight of milk fat, nor more than ten percent (10%) by weight of total milk solids, and not less than one-half of one percent (1/2 of 1%) by weight of malted milk. In no case shall frozen malted milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon;

(E) "Fountain malted milk" means the pure, clean, semifrozen product made from the combination of milk products, malted milk, and one (1) or more of the following ingredients: eggs, sugar, dextrose, and honey, with or without flavoring and coloring and with or without edible gelatin or vegetable stabilizer; and it contains not more than one-half of one percent (1/2 of 1%) by weight of edible gelatin or vegetable stabilizer, not less than four percent (4%) by weight of milk fat, not less than twelve percent (12%) by weight of total milk solids, and not less than one-half of one percent (1/2 of 1%) by weight of malted milk;

(F) "Frozen custard" means French ice cream, French custard ice cream, ice custard, parfaits, and similar frozen products. Frozen custard is a clean wholesome product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without harmless coloring and with or without added stabilizers composed of wholesome edible material. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizer, not less than ten percent (10%) by weight of milk fat, and not less than fourteen percent (14%) by weight of total milk solids. Frozen custard shall contain not less than two and one-half (21/2) dozen of clean, wholesome egg yolks, or three-fourths pounds (3/4 lbs.) of wholesome, dry egg yolk containing not to exceed seven percent (7%) of moisture, or one and one-half pounds (11/2 lbs.) of wholesome frozen egg yolk containing not to exceed fifty-five percent (55%) of moisture, or the equivalent of egg yolk in any other form, for each ninety pounds (90 lbs.) of frozen custard. In no case shall any frozen custard contain less than one and six-tenths pounds (1 6/10 lbs.) of total food solids per gallon;

(G) "Ice milk" means the pure, clean, frozen product made from a combination of two (2) or more of the following ingredients: milk products, eggs, water, and sugar, with harmless flavoring and with or without added stabilizer composed of wholesome, edible material, and with or without harmless coloring. It contains not more than one-half of one percent (1/2 of 1%) by weight of stabilizers, not less than three percent (3%) and not more than ten percent (10%) by weight of milk fat and not less than fourteen percent (14%) by weight of total milk solids. In no case shall any ice milk contain less than one and three-tenths pounds (1 3/10 lbs.) of total food solids per gallon;

(H) "Milk sherbet" means the pure, clean, frozen product made from milk products, water, and sugar, with harmless fruit, fruit acid, or fruit juice flavoring, and with or without harmless coloring, and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains not less than four percent (4%) by weight of milk solids;

(I) "Ice or ice sherbet" means the pure, clean, frozen product made from water and sugar with harmless fruit or fruit juice flavoring, with or without harmless coloring and with or without milk products and with not less than thirty-five hundredths of one percent (35/100 of 1%) of acid as determined by titrating with standard alkali and expressed as lactic acid, and with or without added stabilizer composed of wholesome, edible material. It contains less than four percent (4%) by weight of milk solids; and

(J) "Imitation ice cream" means any frozen substance, mixture, or compound, regardless of the name under which it is represented, which is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen, and which is not ice cream, frozen custard, ice milk, frozen malted milk, sherbet, or ice as defined in this law. No person shall sell imitation ice cream. However, "mellorine" and "mellorine mix" defined in subdivision (4)(J)(i) (a) of this section shall not be construed to be "imitation ice cream", and nothing in this subchapter shall be construed to prevent or prohibit the manufacture or sale of "mellorine" and "mellorine mix" as defined: (i) (a) Description. (1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine; (2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (41/2 lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and (3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (21/2); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10); (b) Fortification. Vitamin A is present in a quantity which will ensure that forty international units (40 IU) are available for each gram of fat in mellorine or mellorine mix within limits of good manufacturing practice; (c) Methods of Analysis. Fat and protein content and the protein efficiency ratio shall be determined by the following methods contained in the latest edition of Official Methods of Analysis of AOAC International: (1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association; (2) Protein content shall be determined by one (1) of the following methods: "Nitrogen - Official Final Action", Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and (3) Protein efficiency ratio shall be determined by this method: "Biological Evaluation of Protein Quality - Official Final Action" Sections 39.166 - 39.170; (d) Nomenclature. The name of the food is "mellorine". The name of the mix which is frozen to produce mellorine is "mellorine mix". The name of the food or mix on the label shall be accompanied by a declaration indicating the presence of characterizing flavoring; and (e) Label Declaration. The common or usual name of each of the ingredients used shall be declared on the label, except that sources of milk fat or milk solids not fat may be declared, in descending order of predominance, either by the use of the term "milk fat" or "nonfat milk"; (ii) For the purpose of this definition and standard of identity, food fats are edible natural fats derived from vegetable sources including only such milk fat as is normally contained in the products enumerated in subdivision (4)(J)(iii) of this section. Harmless optional ingredients may be used to prevent fat oxidation in an amount not exceeding five one-thousandths of one percent (5/1000 of 1%) of the weight of the fat used. No edible vegetable oil shall be used which does not meet the standards prescribed by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 ; (iii) "Milk solids not fat" shall mean and include skim milk, evaporated or condensed concentrated skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk, whether fluid, condensed, or dried, and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis; (iv) "Sugar" or "other sweeteners" shall mean and include sugar, liquid sugar, dextrose, which is paste or syrup, invert sugar, lactose, corn sugar, dried or liquid corn syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, and molasses, other than blackstrap; (v) "Flavors" shall mean and include: (a) Natural food flavoring; (b) Artificial food flavoring; (c) Fruit juice, which may be sweetened and thickened with stabilizer; (d) Chocolate; (e) Cocoa; (f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid; (g) Nut meats; and (h) Confectionery; and (vi) "Stabilizers" shall mean and include gelatins, algin, extractive of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed, gum, monoglycerides, or diglycerides, both of fat-forming fatty acids or other harmless stabilizer or emulsifier;

(i) (a) Description. (1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine; (2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (41/2 lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and (3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (21/2); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10); (b) Fortification. Vitamin A is present in a quantity which will ensure that forty international units (40 IU) are available for each gram of fat in mellorine or mellorine mix within limits of good manufacturing practice; (c) Methods of Analysis. Fat and protein content and the protein efficiency ratio shall be determined by the following methods contained in the latest edition of Official Methods of Analysis of AOAC International: (1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association; (2) Protein content shall be determined by one (1) of the following methods: "Nitrogen - Official Final Action", Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and (3) Protein efficiency ratio shall be determined by this method: "Biological Evaluation of Protein Quality - Official Final Action" Sections 39.166 - 39.170; (d) Nomenclature. The name of the food is "mellorine". The name of the mix which is frozen to produce mellorine is "mellorine mix". The name of the food or mix on the label shall be accompanied by a declaration indicating the presence of characterizing flavoring; and (e) Label Declaration. The common or usual name of each of the ingredients used shall be declared on the label, except that sources of milk fat or milk solids not fat may be declared, in descending order of predominance, either by the use of the term "milk fat" or "nonfat milk";

(a) Description. (1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine; (2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (41/2 lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and (3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (21/2); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10);

(1) Mellorine is a food produced by freezing, while stirring, a pasteurized mix consisting of safe and suitable ingredients, including, but not limited to, milk-derived nonfat solids and animal or vegetable fat, or both, only part of which may be milk fat. Mellorine is sweetened with nutritive carbohydrate sweetener and is characterized by the addition of flavoring ingredients. Mellorine mix is a mix composed of the ingredients which are frozen to produce mellorine;

(2) Mellorine contains not less than one and six-tenths pounds (1 6/10 lbs.) of total solids to the gallon, and weighs not less than four and one-half pounds (41/2 lbs.) to the gallon. Mellorine mix contains not less than three and two-tenths pounds (3 2/10 lbs.) of total food solids and shall weigh not less than nine pounds (9 lbs.) per gallon. Mellorine or mellorine mix contains not less than six percent (6%) fat and two and seven-tenths percent (2 7/10%) protein having a protein efficiency ratio (PER) not less than that of whole milk protein (one hundred eight percent (108%) of casein) by weight of the food, exclusive of the weight of any bulky flavoring ingredients used. In no case shall the fat content of the finished food be less than four and eight-tenths percent (4 8/10%) or the protein content be less than two and two-tenths percent (2 2/10%). The protein to meet the minimum protein requirements shall be provided by milk solids, not fat or other milk-derived ingredients; and

(3) When calculating the minimum amount of fat and protein required in the finished food, the solids of chocolate or cocoa used shall be considered a bulky flavoring ingredient. In order to make allowance for additional sweetening ingredients needed when certain bulky ingredients are used, the weight of chocolate or cocoa solids used may be multiplied by two and one-half (21/2); the weight of fruit or nuts used may be multiplied by one and four-tenths (1 4/10); and the weight of partially or wholly dried fruits or fruit juices may be multiplied by appropriate factors to obtain the original weights before drying and this weight may be multiplied by one and four-tenths (1 4/10);

(b) Fortification. Vitamin A is present in a quantity which will ensure that forty international units (40 IU) are available for each gram of fat in mellorine or mellorine mix within limits of good manufacturing practice;

(c) Methods of Analysis. Fat and protein content and the protein efficiency ratio shall be determined by the following methods contained in the latest edition of Official Methods of Analysis of AOAC International: (1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association; (2) Protein content shall be determined by one (1) of the following methods: "Nitrogen - Official Final Action", Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and (3) Protein efficiency ratio shall be determined by this method: "Biological Evaluation of Protein Quality - Official Final Action" Sections 39.166 - 39.170;

(1) Fat content shall be determined by either the Babcock method or such method of testing as may be approved by the AOAC International or the American Dairy Science Association;

(2) Protein content shall be determined by one (1) of the following methods: "Nitrogen - Official Final Action", Kjeldahl Method, Section 16.226, or Dye Binding Method, Section 16.227; and

(3) Protein efficiency ratio shall be determined by this method: "Biological Evaluation of Protein Quality - Official Final Action" Sections 39.166 - 39.170;

(d) Nomenclature. The name of the food is "mellorine". The name of the mix which is frozen to produce mellorine is "mellorine mix". The name of the food or mix on the label shall be accompanied by a declaration indicating the presence of characterizing flavoring; and

(e) Label Declaration. The common or usual name of each of the ingredients used shall be declared on the label, except that sources of milk fat or milk solids not fat may be declared, in descending order of predominance, either by the use of the term "milk fat" or "nonfat milk";

(ii) For the purpose of this definition and standard of identity, food fats are edible natural fats derived from vegetable sources including only such milk fat as is normally contained in the products enumerated in subdivision (4)(J)(iii) of this section. Harmless optional ingredients may be used to prevent fat oxidation in an amount not exceeding five one-thousandths of one percent (5/1000 of 1%) of the weight of the fat used. No edible vegetable oil shall be used which does not meet the standards prescribed by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 ;

(iii) "Milk solids not fat" shall mean and include skim milk, evaporated or condensed concentrated skim milk, superheated condensed skim milk, sweetened condensed skim milk, nonfat dry milk solids, edible dry whey, cheese whey, sweet cream buttermilk, whether fluid, condensed, or dried, and any of the foregoing products from which all or a portion of the lactose has been removed after crystallization or the lactose has been converted to simple sugars by hydrolysis;

(iv) "Sugar" or "other sweeteners" shall mean and include sugar, liquid sugar, dextrose, which is paste or syrup, invert sugar, lactose, corn sugar, dried or liquid corn syrup, maple sugar, honey, brown sugar, malt syrup, dried malt extract, and molasses, other than blackstrap;

(v) "Flavors" shall mean and include: (a) Natural food flavoring; (b) Artificial food flavoring; (c) Fruit juice, which may be sweetened and thickened with stabilizer; (d) Chocolate; (e) Cocoa; (f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid; (g) Nut meats; and (h) Confectionery; and

(a) Natural food flavoring;

(b) Artificial food flavoring;

(c) Fruit juice, which may be sweetened and thickened with stabilizer;

(d) Chocolate;

(e) Cocoa;

(f) Fruit which may be fresh, frozen, canned, concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and may be acidulated with citric, tartaric, malic, lactic, or ascorbic acid;

(g) Nut meats; and

(h) Confectionery; and

(vi) "Stabilizers" shall mean and include gelatins, algin, extractive of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, cellulose gum, guar seed, gum, monoglycerides, or diglycerides, both of fat-forming fatty acids or other harmless stabilizer or emulsifier;

(5) Miscellaneous Products. Varieties, types, and kinds of milk and dairy products which are not defined in this section shall be manufactured and marketed under the standards of composition promulgated by the Bureau of Standards of the United States Food and Drug Administration, or may be promulgated by the Secretary of the Department of Health under authority vested in him or her to make and promulgate rules;

(6) Pasteurization. "Pasteurization" is defined to mean the heating of every particle of the milk, cream, ice cream mix, or milk products used in the manufacture of ice cream or butter to a temperature of at least one hundred forty-five degrees Fahrenheit (145° F) and held at the temperature for thirty (30) minutes, provided that any other method of pasteurization which has been proved of equal value may be used when approved by the American Dairy Science Association. Frozen dessert pasteurization vats shall be provided with recording thermometers and charts filed for record;

(7) Condensed or Evaporated Milk. (A) "Condensed milk", "evaporated milk", or "concentrated milk" is that product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, and contains, all tolerances being allowed for, not less than twenty-five and one-half percent (25 1/2%) of total solids and not less than seven and nine-tenths percent (7 9/10%) of milk fat; (B) "Sweetened condensed milk", "sweetened evaporated milk", or "sweetened concentrated milk" is the product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of total milk solids and not less than eight percent (8%) of milk fat; (C) "Condensed skimmed milk", "evaporated skimmed milk", or "concentrated skimmed milk" is the product resulting from the evaporation of a considerable portion of the water from skimmed milk which contains, all tolerances being allowed for, not less than twenty percent (20%) of milk solids; and (D) "Sweetened condensed skimmed milk", "sweetened evaporated skimmed milk", or "sweetened concentrated skimmed milk" is the product resulting from the evaporation of a considerable portion of the water from skimmed milk to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of milk solids;

(A) "Condensed milk", "evaporated milk", or "concentrated milk" is that product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, and contains, all tolerances being allowed for, not less than twenty-five and one-half percent (25 1/2%) of total solids and not less than seven and nine-tenths percent (7 9/10%) of milk fat;

(B) "Sweetened condensed milk", "sweetened evaporated milk", or "sweetened concentrated milk" is the product resulting from the evaporation of a considerable portion of the water from whole, fresh, clean milk, to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of total milk solids and not less than eight percent (8%) of milk fat;

(C) "Condensed skimmed milk", "evaporated skimmed milk", or "concentrated skimmed milk" is the product resulting from the evaporation of a considerable portion of the water from skimmed milk which contains, all tolerances being allowed for, not less than twenty percent (20%) of milk solids; and

(D) "Sweetened condensed skimmed milk", "sweetened evaporated skimmed milk", or "sweetened concentrated skimmed milk" is the product resulting from the evaporation of a considerable portion of the water from skimmed milk to which sugar or sucrose has been added. It contains, all tolerances being allowed for, not less than twenty-eight percent (28%) of milk solids;

(8) Butter. (A) "Butter" is the food product usually known as "butter", and which is made exclusively from milk or cream, or both, with or without common salt and with or without additional coloring matter, to contain not less than eighty percent (80%) by weight of milk fat, all tolerances being allowed for; (B) (i) "Renovated or process butter" is the product made by melting butter and reworking the butter, without the addition or use of chemicals or any substances except milk, cream, or salt, that contains not less than eighty percent (80%) butterfat or that is made in accordance with current standards established by the United States Food and Drug Administration. (ii) Renovated or process butter may also contain harmless coloring matter. (iii) (a) The amount of butterfat in the product of any manufacturer, or in any given quantity of butter or renovated or process butter shall be determined by taking three (3) samples from three (3) different packages of the manufacturer or from any one (1) tub or churning of butter and a careful analysis made by the official method adopted by the AOAC International. (b) If this analysis shows less than eighty percent (80%) butterfat, the butter or renovated or process butter that was analyzed is deemed adulterated butter, and the manufacturer, upon conviction, is guilty of a Class A misdemeanor. (c) Butter or renovated or process butter that is deemed adulterated butter shall be melted and reworked before being offered for sale;

(A) "Butter" is the food product usually known as "butter", and which is made exclusively from milk or cream, or both, with or without common salt and with or without additional coloring matter, to contain not less than eighty percent (80%) by weight of milk fat, all tolerances being allowed for;

(B) (i) "Renovated or process butter" is the product made by melting butter and reworking the butter, without the addition or use of chemicals or any substances except milk, cream, or salt, that contains not less than eighty percent (80%) butterfat or that is made in accordance with current standards established by the United States Food and Drug Administration. (ii) Renovated or process butter may also contain harmless coloring matter. (iii) (a) The amount of butterfat in the product of any manufacturer, or in any given quantity of butter or renovated or process butter shall be determined by taking three (3) samples from three (3) different packages of the manufacturer or from any one (1) tub or churning of butter and a careful analysis made by the official method adopted by the AOAC International. (b) If this analysis shows less than eighty percent (80%) butterfat, the butter or renovated or process butter that was analyzed is deemed adulterated butter, and the manufacturer, upon conviction, is guilty of a Class A misdemeanor. (c) Butter or renovated or process butter that is deemed adulterated butter shall be melted and reworked before being offered for sale;

(i) "Renovated or process butter" is the product made by melting butter and reworking the butter, without the addition or use of chemicals or any substances except milk, cream, or salt, that contains not less than eighty percent (80%) butterfat or that is made in accordance with current standards established by the United States Food and Drug Administration.

(ii) Renovated or process butter may also contain harmless coloring matter.

(iii) (a) The amount of butterfat in the product of any manufacturer, or in any given quantity of butter or renovated or process butter shall be determined by taking three (3) samples from three (3) different packages of the manufacturer or from any one (1) tub or churning of butter and a careful analysis made by the official method adopted by the AOAC International. (b) If this analysis shows less than eighty percent (80%) butterfat, the butter or renovated or process butter that was analyzed is deemed adulterated butter, and the manufacturer, upon conviction, is guilty of a Class A misdemeanor. (c) Butter or renovated or process butter that is deemed adulterated butter shall be melted and reworked before being offered for sale;

(a) The amount of butterfat in the product of any manufacturer, or in any given quantity of butter or renovated or process butter shall be determined by taking three (3) samples from three (3) different packages of the manufacturer or from any one (1) tub or churning of butter and a careful analysis made by the official method adopted by the AOAC International.

(b) If this analysis shows less than eighty percent (80%) butterfat, the butter or renovated or process butter that was analyzed is deemed adulterated butter, and the manufacturer, upon conviction, is guilty of a Class A misdemeanor.

(c) Butter or renovated or process butter that is deemed adulterated butter shall be melted and reworked before being offered for sale;

(9) Cream. (A) "Sour cream" is cream, the acidity of which is more than two-tenths of one percent (2/10 of 1%), expressed as lactic acid; (B) "Sweet cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of fresh, clean, fine-flavored cream, the acidity of which does not exceed two-tenths of one percent (2/10 of 1%) calculated as lactic acid; (C) "First grade cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is smooth, clean, free from undesirable odors and flavors, and shall contain not less than twenty-five percent (25%) of butterfat; (D) "Second grade cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is too old to grade as "first grade" and may contain objectionable flavors and odors in a moderate degree; and (E) "Unlawful cream or milk" means cream or milk which contains dirt, filth, gasoline, kerosene, or other foreign matter, or which has been contaminated by insects, rodents, or other animals or that is stale, cheesy, rancid, putrid, decomposed, or is otherwise unfit for human consumption; and

(A) "Sour cream" is cream, the acidity of which is more than two-tenths of one percent (2/10 of 1%), expressed as lactic acid;

(B) "Sweet cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of fresh, clean, fine-flavored cream, the acidity of which does not exceed two-tenths of one percent (2/10 of 1%) calculated as lactic acid;

(C) "First grade cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is smooth, clean, free from undesirable odors and flavors, and shall contain not less than twenty-five percent (25%) of butterfat;

(D) "Second grade cream" when bought and sold for butter manufacturing purposes only, on a butterfat basis, shall consist of cream that is too old to grade as "first grade" and may contain objectionable flavors and odors in a moderate degree; and

(E) "Unlawful cream or milk" means cream or milk which contains dirt, filth, gasoline, kerosene, or other foreign matter, or which has been contaminated by insects, rodents, or other animals or that is stale, cheesy, rancid, putrid, decomposed, or is otherwise unfit for human consumption; and

(10) Miscellaneous Definitions. (A) "Dairy products plants" shall include all places where dairy products, as defined in this subchapter, are bottled, processed, frozen, or manufactured; (B) "Milk or cream station" shall be considered to mean any place where milk or cream may be received or purchased and held for shipment or delivery to a dairy products plant; (C) "Truck route" shall be considered to mean any person, as defined in subdivision (10)(G) of this section, collecting cream or milk from the producer for the purpose of manufacture into butter, cheese, ice cream, condensed or powdered milk, or for bottled purposes; (D) "Field superintendent" shall be considered to mean any qualified person who is the authorized representative of any person, firm, company, or corporation engaged in buying, selling, or manufacturing dairy products and who has supervision over the procurement of raw materials to be manufactured into dairy products; (E) "Station operator" shall be considered to mean any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for the products; (F) "Cream or milk grader" shall be considered to mean any person who shall have passed a satisfactory examination as to his or her qualifications and to have actually demonstrated his or her ability before the secretary or his or her assistants, to determine the quality of cream or milk purchased for the purpose of manufacture into dairy products; and (G) The term "person" shall be considered to include an individual, or a partnership, corporation, or association.

(A) "Dairy products plants" shall include all places where dairy products, as defined in this subchapter, are bottled, processed, frozen, or manufactured;

(B) "Milk or cream station" shall be considered to mean any place where milk or cream may be received or purchased and held for shipment or delivery to a dairy products plant;

(C) "Truck route" shall be considered to mean any person, as defined in subdivision (10)(G) of this section, collecting cream or milk from the producer for the purpose of manufacture into butter, cheese, ice cream, condensed or powdered milk, or for bottled purposes;

(D) "Field superintendent" shall be considered to mean any qualified person who is the authorized representative of any person, firm, company, or corporation engaged in buying, selling, or manufacturing dairy products and who has supervision over the procurement of raw materials to be manufactured into dairy products;

(E) "Station operator" shall be considered to mean any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for the products;

(F) "Cream or milk grader" shall be considered to mean any person who shall have passed a satisfactory examination as to his or her qualifications and to have actually demonstrated his or her ability before the secretary or his or her assistants, to determine the quality of cream or milk purchased for the purpose of manufacture into dairy products; and

(G) The term "person" shall be considered to include an individual, or a partnership, corporation, or association.

Amended by Act 2019, No. 315,§ 2189, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5052, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5051, eff. 7/1/2019.

Amended by Act 2015, No. 1157,§ 7, eff. 7/22/2015.

Acts 1941, No. 114, § 1; 1953, No. 416, § 1; 1979, No. 521, § 1; 1983, No. 289, § 1; A.S.A. 1947, § 82-912.
Ark. Code Ann. § 20-27-2201 — AR Code / Title 20 / Chapter 27 / Subchapter 22 / Section 20-27-2201
Definitions
Status: in_force

As used in this subchapter: (1) "Consumer" means an individual who is provided access to a tanning facility; (2) (A) "Operator" means an individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. (B) However, an operator in an apartment or a condominium need not exercise direct supervision or be physically on the premises at all times; (3) "Person" means an individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency of this state, and any legal successor, representative, agent, or agency of these entities; (4) "Tanning equipment" means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation; (5) (A) "Tanning facility" means a location, place, area, structure, or business or a part of a location, place, area, structure, or business which provides consumers access to tanning equipment. (B) "Tanning facility" includes without limitation regardless of whether a fee is charged for access to the tanning equipment: (i) Apartments; (ii) Condominiums; (iii) Health clubs; and (iv) Tanning salons; and (6) "Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between two hundred nanometers (200 nm) and four hundred nanometers (400 nm). Acts 2009, No. 707, § 1.

As used in this subchapter:

(1) "Consumer" means an individual who is provided access to a tanning facility;

(2) (A) "Operator" means an individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. (B) However, an operator in an apartment or a condominium need not exercise direct supervision or be physically on the premises at all times;

(A) "Operator" means an individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.

(B) However, an operator in an apartment or a condominium need not exercise direct supervision or be physically on the premises at all times;

(3) "Person" means an individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency of this state, and any legal successor, representative, agent, or agency of these entities;

(4) "Tanning equipment" means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation;

(5) (A) "Tanning facility" means a location, place, area, structure, or business or a part of a location, place, area, structure, or business which provides consumers access to tanning equipment. (B) "Tanning facility" includes without limitation regardless of whether a fee is charged for access to the tanning equipment: (i) Apartments; (ii) Condominiums; (iii) Health clubs; and (iv) Tanning salons; and

(A) "Tanning facility" means a location, place, area, structure, or business or a part of a location, place, area, structure, or business which provides consumers access to tanning equipment.

(B) "Tanning facility" includes without limitation regardless of whether a fee is charged for access to the tanning equipment: (i) Apartments; (ii) Condominiums; (iii) Health clubs; and (iv) Tanning salons; and

(i) Apartments;

(ii) Condominiums;

(iii) Health clubs; and

(iv) Tanning salons; and

(6) "Ultraviolet radiation" means electromagnetic radiation with wavelengths in air between two hundred nanometers (200 nm) and four hundred nanometers (400 nm).

Acts 2009, No. 707, § 1.
Ark. Code Ann. § 20-9-224 — AR Code / Title 20 / Chapter 9 / Subchapter 2 / Section 20-9-224
Rural emergency hospitals
Status: in_force

(a) A healthcare facility shall be eligible to apply for a rural emergency hospital license if the healthcare facility on or before December 27, 2020, was a: (1) Licensed critical access hospital; (2) General hospital with not more than fifty (50) licensed beds located in a county in a rural area under 42 U.S.C. § 1395ww(d)(10)(C)(ii) ; or (3) General hospital with not more than fifty (50) licensed beds that is deemed as being located in a rural area under 42 U.S.C. § 1395ww(d)(8)(E) . (b) A healthcare facility applying for licensure as a rural emergency hospital shall include with the licensure application: (1) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the healthcare facility shall retain, modify, add, or discontinue, or any combination of retain, modify, add, or discontinue; (2) A description of services that the healthcare facility intends to provide on an outpatient basis; and (3) Other information as required by rules adopted by the Department of Health. (c) A rural emergency hospital shall not have inpatient beds unless the rural emergency hospital has a unit that is a distinct part of the rural emergency hospital that: (1) Is licensed as a skilled nursing facility to provide post-hospital extended care services; or (2) Provides behavioral health services in accordance with the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq. (d) A rural emergency hospital may own and operate an entity that provides ambulance services. (e) (1) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital. (2) The original license shall remain inactive while the rural emergency hospital license is in effect. (f) (1) A rural emergency hospital, including a city, county, or other governmental or quasi-governmental hospital, may enter into any contracts required to be eligible for federal reimbursement as a rural emergency hospital. (2) (A) An entity engaging in activities and entering into contracts required to meet the requirements for licensure and reimbursement as a rural emergency hospital and its officers, agents, representatives, employees, and directors are acting pursuant to clearly expressed state policy under the supervision of the state. (B) An entity is not subject to state or federal antitrust laws while acting in this manner. (g) The State Board of Health shall adopt rules establishing the minimum standards for the establishment and operation of rural emergency hospitals in accordance with this section, including licensure of rural emergency hospitals. (h) (1) A health benefit plan that is offered, issued, or renewed in this state shall provide benefits and coverage for services performed by a rural emergency hospital if the services would be covered under the health benefit plan if performed by a general hospital. (2) As used in subdivision (h)(1) of this section, "health benefit plan" means the same as defined in § 23-79-1801 . (i) The Arkansas Medicaid Program shall reimburse a rural emergency hospital at the same or greater rate in which critical access hospitals are reimbursed. Added by Act 2023, No. 59,§ 5, eff. 2/13/2023.

(a) A healthcare facility shall be eligible to apply for a rural emergency hospital license if the healthcare facility on or before December 27, 2020, was a: (1) Licensed critical access hospital; (2) General hospital with not more than fifty (50) licensed beds located in a county in a rural area under 42 U.S.C. § 1395ww(d)(10)(C)(ii) ; or (3) General hospital with not more than fifty (50) licensed beds that is deemed as being located in a rural area under 42 U.S.C. § 1395ww(d)(8)(E) .

(1) Licensed critical access hospital;

(2) General hospital with not more than fifty (50) licensed beds located in a county in a rural area under 42 U.S.C. § 1395ww(d)(10)(C)(ii) ; or

(3) General hospital with not more than fifty (50) licensed beds that is deemed as being located in a rural area under 42 U.S.C. § 1395ww(d)(8)(E) .

(b) A healthcare facility applying for licensure as a rural emergency hospital shall include with the licensure application: (1) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the healthcare facility shall retain, modify, add, or discontinue, or any combination of retain, modify, add, or discontinue; (2) A description of services that the healthcare facility intends to provide on an outpatient basis; and (3) Other information as required by rules adopted by the Department of Health.

(1) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the healthcare facility shall retain, modify, add, or discontinue, or any combination of retain, modify, add, or discontinue;

(2) A description of services that the healthcare facility intends to provide on an outpatient basis; and

(3) Other information as required by rules adopted by the Department of Health.

(c) A rural emergency hospital shall not have inpatient beds unless the rural emergency hospital has a unit that is a distinct part of the rural emergency hospital that: (1) Is licensed as a skilled nursing facility to provide post-hospital extended care services; or (2) Provides behavioral health services in accordance with the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.

(1) Is licensed as a skilled nursing facility to provide post-hospital extended care services; or

(2) Provides behavioral health services in accordance with the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.

(d) A rural emergency hospital may own and operate an entity that provides ambulance services.

(e) (1) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital. (2) The original license shall remain inactive while the rural emergency hospital license is in effect.

(1) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital.

(2) The original license shall remain inactive while the rural emergency hospital license is in effect.

(f) (1) A rural emergency hospital, including a city, county, or other governmental or quasi-governmental hospital, may enter into any contracts required to be eligible for federal reimbursement as a rural emergency hospital. (2) (A) An entity engaging in activities and entering into contracts required to meet the requirements for licensure and reimbursement as a rural emergency hospital and its officers, agents, representatives, employees, and directors are acting pursuant to clearly expressed state policy under the supervision of the state. (B) An entity is not subject to state or federal antitrust laws while acting in this manner.

(1) A rural emergency hospital, including a city, county, or other governmental or quasi-governmental hospital, may enter into any contracts required to be eligible for federal reimbursement as a rural emergency hospital.

(2) (A) An entity engaging in activities and entering into contracts required to meet the requirements for licensure and reimbursement as a rural emergency hospital and its officers, agents, representatives, employees, and directors are acting pursuant to clearly expressed state policy under the supervision of the state. (B) An entity is not subject to state or federal antitrust laws while acting in this manner.

(A) An entity engaging in activities and entering into contracts required to meet the requirements for licensure and reimbursement as a rural emergency hospital and its officers, agents, representatives, employees, and directors are acting pursuant to clearly expressed state policy under the supervision of the state.

(B) An entity is not subject to state or federal antitrust laws while acting in this manner.

(g) The State Board of Health shall adopt rules establishing the minimum standards for the establishment and operation of rural emergency hospitals in accordance with this section, including licensure of rural emergency hospitals.

(h) (1) A health benefit plan that is offered, issued, or renewed in this state shall provide benefits and coverage for services performed by a rural emergency hospital if the services would be covered under the health benefit plan if performed by a general hospital. (2) As used in subdivision (h)(1) of this section, "health benefit plan" means the same as defined in § 23-79-1801 .

(1) A health benefit plan that is offered, issued, or renewed in this state shall provide benefits and coverage for services performed by a rural emergency hospital if the services would be covered under the health benefit plan if performed by a general hospital.

(2) As used in subdivision (h)(1) of this section, "health benefit plan" means the same as defined in § 23-79-1801 .

(i) The Arkansas Medicaid Program shall reimburse a rural emergency hospital at the same or greater rate in which critical access hospitals are reimbursed.

Added by Act 2023, No. 59,§ 5, eff. 2/13/2023.
Ark. Code Ann. § 20-16-2005 — AR Code / Title 20 / Chapter 16 / Subchapter 20 / Section 20-16-2005
Reporting forms
Status: in_force

(a) Within thirty (30) days of July 24, 2019, the Department of Health shall create forms required by this subchapter. (b) The reporting requirements shall be enforceable ten (10) days after either July 24, 2019, or the date that the forms described in subsection (a) of this section become available, whichever occurs later. Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.

(a) Within thirty (30) days of July 24, 2019, the Department of Health shall create forms required by this subchapter.

(b) The reporting requirements shall be enforceable ten (10) days after either July 24, 2019, or the date that the forms described in subsection (a) of this section become available, whichever occurs later.

Added by Act 2019, No. 493,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 20-57-502 — AR Code / Title 20 / Chapter 57 / Subchapter 5 / Section 20-57-502
Purpose
Status: in_force

The purpose of this subchapter is to allow for a producer's production and sale of homemade food or drink products for an informed end consumer and to encourage the expansion of agricultural sales at farmers' markets, ranches, farms, and producers' homes or offices by: (1) Facilitating the purchase and consumption of fresh and local agricultural products; (2) Enhancing the agricultural economy; and (3) Providing citizens of Arkansas with unimpeded access to healthy food and drink products from known sources. Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.

The purpose of this subchapter is to allow for a producer's production and sale of homemade food or drink products for an informed end consumer and to encourage the expansion of agricultural sales at farmers' markets, ranches, farms, and producers' homes or offices by:

(1) Facilitating the purchase and consumption of fresh and local agricultural products;

(2) Enhancing the agricultural economy; and

(3) Providing citizens of Arkansas with unimpeded access to healthy food and drink products from known sources.

Added by Act 2021, No. 1040,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 20-64-219 — AR Code / Title 20 / Chapter 64 / Subchapter 2 / Section 20-64-219
Enforcement and cooperation
Status: in_force

It is hereby made the duty of the Secretary of the Department of Health, his or her officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all prosecuting attorneys, to enforce all provisions of this subchapter, except those specifically designated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs. The authority to promulgate rules for the efficient enforcement of this act is hereby vested in the secretary. The secretary is hereby authorized to make the rules promulgated under this subchapter conform insofar as possible under the standards established herein and under the policies of this subchapter with those regulations promulgated under the federal Narcotic Act. Amended by Act 2019, No. 910,§ 5097, eff. 7/1/2019. Acts 1937, No. 344, § 19; Pope's Dig., § 10144; Acts 1955, No. 155, § 4; 1965, No. 409, § 6; A.S.A. 1947, § 82-1019.

It is hereby made the duty of the Secretary of the Department of Health, his or her officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all prosecuting attorneys, to enforce all provisions of this subchapter, except those specifically designated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs.

The authority to promulgate rules for the efficient enforcement of this act is hereby vested in the secretary. The secretary is hereby authorized to make the rules promulgated under this subchapter conform insofar as possible under the standards established herein and under the policies of this subchapter with those regulations promulgated under the federal Narcotic Act.

Amended by Act 2019, No. 910,§ 5097, eff. 7/1/2019.

Acts 1937, No. 344, § 19; Pope's Dig., § 10144; Acts 1955, No. 155, § 4; 1965, No. 409, § 6; A.S.A. 1947, § 82-1019.