Ark. Code Ann. § 2-23-101 — AR Code / Title 2 / Chapter 23 / Section 2-23-101
Definitions
Status: in_force

As used in this subchapter: (1) "Advertisement" means all representations other than those on the label written, recorded, or published and distributed by the labeler; (2) "Agricultural seed" means the seeds of grass, forage, cereal, oil and fiber crops, and any other kinds of seed commonly recognized within this state as agricultural seeds and mixtures of such seed; (3) "Buyer" means a person who purchases agricultural seeds; (4) "Dealer" means any person, individual, partnership, or company who distributes agricultural seeds; (5) "Label" means the display or displays of written, printed, or graphic matter upon or attached to the container of seed or as required by rules established under the Arkansas Plant Act of 1917, § 2-16-201 et seq.; (6) "Labeler" means the person, firm, corporation, or the registered code number whose name appears on the label or container of seed; (7) "Labeling" includes all labels, advertisements, and other written, printed, or graphic representations in any manner whatsoever pertaining to any seed, whether in bulk or in containers, and includes representations on invoices except for current, official publications of the United States Department of Agriculture and the United States Department of the Interior, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research; and (8) "Person" means an individual, firm, partnership, corporation, or company. Amended by Act 2023, No. 691,§ 34, eff. 7/1/2023. Acts 1991, No. 1024, § 1; 1999, No. 921, § 1; 2007, No. 827, §§ 3, 4.

As used in this subchapter:

(1) "Advertisement" means all representations other than those on the label written, recorded, or published and distributed by the labeler;

(2) "Agricultural seed" means the seeds of grass, forage, cereal, oil and fiber crops, and any other kinds of seed commonly recognized within this state as agricultural seeds and mixtures of such seed;

(3) "Buyer" means a person who purchases agricultural seeds;

(4) "Dealer" means any person, individual, partnership, or company who distributes agricultural seeds;

(5) "Label" means the display or displays of written, printed, or graphic matter upon or attached to the container of seed or as required by rules established under the Arkansas Plant Act of 1917, § 2-16-201 et seq.;

(6) "Labeler" means the person, firm, corporation, or the registered code number whose name appears on the label or container of seed;

(7) "Labeling" includes all labels, advertisements, and other written, printed, or graphic representations in any manner whatsoever pertaining to any seed, whether in bulk or in containers, and includes representations on invoices except for current, official publications of the United States Department of Agriculture and the United States Department of the Interior, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research; and

(8) "Person" means an individual, firm, partnership, corporation, or company.

Amended by Act 2023, No. 691,§ 34, eff. 7/1/2023.

Acts 1991, No. 1024, § 1; 1999, No. 921, § 1; 2007, No. 827, §§ 3, 4.
Ark. Code Ann. § 2-17-227 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-227
Partial delivery
Status: in_force

If a warehouseman delivers only a part of a lot of grain for which he or she has issued a negotiable receipt under this subchapter, he or she shall take up and cancel the receipt and issue a new receipt in accordance with the rules in this subchapter for the undelivered portion of the grain. The new receipt shall show the date of issuance and also indicate the number and date of the receipt first issued. Acts 1979, No. 83, § 32; A.S.A. 1947, § 77-1332.

If a warehouseman delivers only a part of a lot of grain for which he or she has issued a negotiable receipt under this subchapter, he or she shall take up and cancel the receipt and issue a new receipt in accordance with the rules in this subchapter for the undelivered portion of the grain. The new receipt shall show the date of issuance and also indicate the number and date of the receipt first issued.

Acts 1979, No. 83, § 32; A.S.A. 1947, § 77-1332.
Ark. Code Ann. § 2-4-105 — AR Code / Title 2 / Chapter 4 / Section 2-4-105
Local ordinances void
Status: in_force

Any and all ordinances adopted by any municipality or county in which an agricultural operation is located making or having the effect of making the agricultural operation or any agricultural facility or its appurtenances a nuisance or providing for an abatement of the agricultural operation or the agricultural facility or its appurtenances as a nuisance in the circumstances set forth in this chapter are void and shall have no force or effect. Acts 1981, No. 301, § 5; A.S.A. 1947, § 34-124; Acts 2005, No. 2257, § 4.

Any and all ordinances adopted by any municipality or county in which an agricultural operation is located making or having the effect of making the agricultural operation or any agricultural facility or its appurtenances a nuisance or providing for an abatement of the agricultural operation or the agricultural facility or its appurtenances as a nuisance in the circumstances set forth in this chapter are void and shall have no force or effect.

Acts 1981, No. 301, § 5; A.S.A. 1947, § 34-124; Acts 2005, No. 2257, § 4.
Ark. Code Ann. § 2-2-107 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-107
Members
Status: in_force

(a) (1) Under the terms and conditions prescribed in its bylaws, an association formed under this subchapter may admit any persons as members who are engaged in the production of agricultural commodities, including the lessees and tenants of lands used for production of agricultural commodities and lessors and landlords who receive as rent all or part of the crops raised on the leased premises, and issue certificates of common stock or membership to them. (2) Certificates of stock or membership shall not be transferable except as provided in the articles of association or the bylaws. No person shall otherwise acquire, by operation of law or otherwise, the benefits of membership except as provided in this subchapter. (b) If a member of any association organized under this subchapter is other than a natural person, the member may be represented by any individual, associate, officer, manager, or member thereof, duly authorized in writing. Acts 1939, No. 153, § 7; A.S.A. 1947, § 77-1007.

(a) (1) Under the terms and conditions prescribed in its bylaws, an association formed under this subchapter may admit any persons as members who are engaged in the production of agricultural commodities, including the lessees and tenants of lands used for production of agricultural commodities and lessors and landlords who receive as rent all or part of the crops raised on the leased premises, and issue certificates of common stock or membership to them. (2) Certificates of stock or membership shall not be transferable except as provided in the articles of association or the bylaws. No person shall otherwise acquire, by operation of law or otherwise, the benefits of membership except as provided in this subchapter.

(1) Under the terms and conditions prescribed in its bylaws, an association formed under this subchapter may admit any persons as members who are engaged in the production of agricultural commodities, including the lessees and tenants of lands used for production of agricultural commodities and lessors and landlords who receive as rent all or part of the crops raised on the leased premises, and issue certificates of common stock or membership to them.

(2) Certificates of stock or membership shall not be transferable except as provided in the articles of association or the bylaws. No person shall otherwise acquire, by operation of law or otherwise, the benefits of membership except as provided in this subchapter.

(b) If a member of any association organized under this subchapter is other than a natural person, the member may be represented by any individual, associate, officer, manager, or member thereof, duly authorized in writing.

Acts 1939, No. 153, § 7; A.S.A. 1947, § 77-1007.
Ark. Code Ann. § 2-19-304 — AR Code / Title 2 / Chapter 19 / Subchapter 3 / Section 2-19-304
Sampling and analysis
Status: in_force

(a) The State Plant Board through its authorized agents is authorized to select from any package, bulk load, or lot of liming material exposed for sale or distribution in this state a quantity not less than two pounds (2 lbs.) for a sample, to be used for the purpose of an official analysis for comparison with the statement required by § 2-19-303 or the rules provided for therein. (b) The board and its authorized agents shall have free access during reasonable business hours to all premises where liming materials are manufactured, sold, or stored, and vehicles wherein distributed, and are authorized at all times to stop-sale by written order any and all liming materials that are unregistered, misbranded, fail to meet the guarantee, or otherwise fail to comply with the provisions of this subchapter. Acts 1969, No. 353, § 5; A.S.A. 1947, § 77-1905.

(a) The State Plant Board through its authorized agents is authorized to select from any package, bulk load, or lot of liming material exposed for sale or distribution in this state a quantity not less than two pounds (2 lbs.) for a sample, to be used for the purpose of an official analysis for comparison with the statement required by § 2-19-303 or the rules provided for therein.

(b) The board and its authorized agents shall have free access during reasonable business hours to all premises where liming materials are manufactured, sold, or stored, and vehicles wherein distributed, and are authorized at all times to stop-sale by written order any and all liming materials that are unregistered, misbranded, fail to meet the guarantee, or otherwise fail to comply with the provisions of this subchapter.

Acts 1969, No. 353, § 5; A.S.A. 1947, § 77-1905.
Ark. Code Ann. § 2-7-101 — AR Code / Title 2 / Chapter 7 / Subchapter 1 / Section 2-7-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Farm Mediation Act". Acts 1989, No. 829, § 1.

This chapter shall be known and may be cited as the "Arkansas Farm Mediation Act".

Acts 1989, No. 829, § 1.
Ark. Code Ann. § 2-7-201 — AR Code / Title 2 / Chapter 7 / Subchapter 2 / Section 2-7-201
Creation
Status: in_force

(a) There is hereby created within the Department of Agriculture the Arkansas Farm Mediation Office which shall administer the Arkansas Farm Mediation Program to provide mediation and debt management services to farmers and their creditors in the State of Arkansas. (b) (1) The program shall be administered by the Secretary of the Department of Agriculture who shall employ mediators and administrative staff in such numbers as are necessary and as the General Assembly may appropriate to carry out the provisions of this chapter. (2) The Secretary of the Department of Agriculture may apply to the United States Secretary of Agriculture or any other agency or department for any financial assistance for the administration and operation of the program. (3) The Secretary of the Department of Agriculture or his or her designee shall select mediators who are knowledgeable in the areas of finance, agriculture, and negotiation and shall train them in any other matters as are necessary to carry out their functions under this chapter. (4) The Secretary of the Department of Agriculture may promulgate rules to carry out the provisions of this chapter. Amended by Act 2019, No. 910,§ 10, eff. 7/1/2019. Amended by Act 2015, No. 1060,§ 1, eff. 4/4/2015. Acts 1989, No. 829, § 3.

(a) There is hereby created within the Department of Agriculture the Arkansas Farm Mediation Office which shall administer the Arkansas Farm Mediation Program to provide mediation and debt management services to farmers and their creditors in the State of Arkansas.

(b) (1) The program shall be administered by the Secretary of the Department of Agriculture who shall employ mediators and administrative staff in such numbers as are necessary and as the General Assembly may appropriate to carry out the provisions of this chapter. (2) The Secretary of the Department of Agriculture may apply to the United States Secretary of Agriculture or any other agency or department for any financial assistance for the administration and operation of the program. (3) The Secretary of the Department of Agriculture or his or her designee shall select mediators who are knowledgeable in the areas of finance, agriculture, and negotiation and shall train them in any other matters as are necessary to carry out their functions under this chapter. (4) The Secretary of the Department of Agriculture may promulgate rules to carry out the provisions of this chapter.

(1) The program shall be administered by the Secretary of the Department of Agriculture who shall employ mediators and administrative staff in such numbers as are necessary and as the General Assembly may appropriate to carry out the provisions of this chapter.

(2) The Secretary of the Department of Agriculture may apply to the United States Secretary of Agriculture or any other agency or department for any financial assistance for the administration and operation of the program.

(3) The Secretary of the Department of Agriculture or his or her designee shall select mediators who are knowledgeable in the areas of finance, agriculture, and negotiation and shall train them in any other matters as are necessary to carry out their functions under this chapter.

(4) The Secretary of the Department of Agriculture may promulgate rules to carry out the provisions of this chapter.

Amended by Act 2019, No. 910,§ 10, eff. 7/1/2019.

Amended by Act 2015, No. 1060,§ 1, eff. 4/4/2015.

Acts 1989, No. 829, § 3.
Ark. Code Ann. § 2-5-205 — AR Code / Title 2 / Chapter 5 / Subchapter 2 / Section 2-5-205
Certificates
Status: in_force

(a) A person that has met the standards and qualifications established by the Department of Agriculture under this subchapter shall receive from the department a commercial bait and ornamental fish certificate. (b) The certificate shall be in the form prescribed by the department and shall attest that the commercial bait and ornamental fish covered by the certificate have met the standards and qualifications established by the department under this subchapter. (c) The certificate shall be displayed only by a person who is certified under this subchapter. Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023. Acts 2005, No. 1449, § 1.

(a) A person that has met the standards and qualifications established by the Department of Agriculture under this subchapter shall receive from the department a commercial bait and ornamental fish certificate.

(b) The certificate shall be in the form prescribed by the department and shall attest that the commercial bait and ornamental fish covered by the certificate have met the standards and qualifications established by the department under this subchapter.

(c) The certificate shall be displayed only by a person who is certified under this subchapter.

Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.

Acts 2005, No. 1449, § 1.
Ark. Code Ann. § 2-16-509 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-509
Duties of landowners
Status: in_force

It shall be the duty of the State of Arkansas or any department thereof, any public utility, railroad, levee and drainage district, county, or any municipality, and every other person, firm, corporation, or association owning or having control over any lands in a Johnson grass control and eradication district to: (1) Control and eradicate Johnson grass on all lands, rights-of-way, and easements owned, occupied, or controlled by them; (2) Employ methods approved by the Director of the State Plant Board for control and eradication of Johnson grass as the district board shall direct; and (3) Comply with all orders and rules of the district board and the director. Acts 1967, No. 186, § 5; 1975, No. 287, § 5; A.S.A. 1947, § 77-1705.

It shall be the duty of the State of Arkansas or any department thereof, any public utility, railroad, levee and drainage district, county, or any municipality, and every other person, firm, corporation, or association owning or having control over any lands in a Johnson grass control and eradication district to:

(1) Control and eradicate Johnson grass on all lands, rights-of-way, and easements owned, occupied, or controlled by them;

(2) Employ methods approved by the Director of the State Plant Board for control and eradication of Johnson grass as the district board shall direct; and

(3) Comply with all orders and rules of the district board and the director.

Acts 1967, No. 186, § 5; 1975, No. 287, § 5; A.S.A. 1947, § 77-1705.
Ark. Code Ann. § 2-33-108 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-108
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 7, eff. 8/1/2017. Acts 1969, No. 633, § 1; 1985, No. 150, § 5; 1985, No. 151, § 5; A.S.A. 1947, § 78-321.

Repealed by Act 2017, No. 1011,§ 7, eff. 8/1/2017.

Acts 1969, No. 633, § 1; 1985, No. 150, § 5; 1985, No. 151, § 5; A.S.A. 1947, § 78-321.
Ark. Code Ann. § 2-40-1101 — AR Code / Title 2 / Chapter 40 / Subchapter 11 / Section 2-40-1101
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 75, eff. 8/1/2017. Acts 1961, No. 196, § 1; A.S.A. 1947, § 78-436.

Repealed by Act 2017, No. 1011,§ 75, eff. 8/1/2017.

Acts 1961, No. 196, § 1; A.S.A. 1947, § 78-436.
Ark. Code Ann. § 2-21-113 — AR Code / Title 2 / Chapter 21 / Section 2-21-113
Disposition of moneys
Status: in_force

All moneys collected by the State Plant Board under this chapter shall be deposited and used in the same manner as moneys collected under § 2-16-210 . Acts 1919, No. 683, § 10; C. & M. Dig., § 8011; Pope's Dig., § 12332; A.S.A. 1947, § 77-406.

All moneys collected by the State Plant Board under this chapter shall be deposited and used in the same manner as moneys collected under § 2-16-210 .

Acts 1919, No. 683, § 10; C. & M. Dig., § 8011; Pope's Dig., § 12332; A.S.A. 1947, § 77-406.
Ark. Code Ann. § 2-2-407 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-407
Members
Status: in_force

(a) Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock only to, persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of agricultural products and any lessors and landlords who receive as rent part of the crop raised on the leased premises. (b) If a member of a nonstock association is other than a natural person, the member may be represented by any individual, associate, officer, or member thereof, duly authorized in writing. (c) An association organized under this subchapter may become a member or stockholder of any other association organized under this subchapter. Acts 1921, No. 116, § 7; Pope's Dig., § 2292; A.S.A. 1947, § 77-907.

(a) Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock only to, persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of agricultural products and any lessors and landlords who receive as rent part of the crop raised on the leased premises.

(b) If a member of a nonstock association is other than a natural person, the member may be represented by any individual, associate, officer, or member thereof, duly authorized in writing.

(c) An association organized under this subchapter may become a member or stockholder of any other association organized under this subchapter.

Acts 1921, No. 116, § 7; Pope's Dig., § 2292; A.S.A. 1947, § 77-907.
Ark. Code Ann. § 2-25-105 — AR Code / Title 2 / Chapter 25 / Section 2-25-105
Enforcement
Status: in_force

(a) An employee of the Department of Agriculture may inspect randomly selected grain dealers to ensure the grain dealer is certified by the department for sampling and grading grain. (b) An employee of the grain dealer that is responsible for sampling and grading grain is required to demonstrate through skill an adequate knowledge of sampling and grading grain as determined by the department. Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.

(a) An employee of the Department of Agriculture may inspect randomly selected grain dealers to ensure the grain dealer is certified by the department for sampling and grading grain.

(b) An employee of the grain dealer that is responsible for sampling and grading grain is required to demonstrate through skill an adequate knowledge of sampling and grading grain as determined by the department.

Added by Act 2019, No. 795,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-4-101 — AR Code / Title 2 / Chapter 4 / Section 2-4-101
Purpose
Status: in_force

It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many are discouraged from making investments in farm or other agricultural improvements. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. Acts 1981, No. 301, § 1; A.S.A. 1947, § 34-120; Acts 2005, No. 2257, § 1.

It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many are discouraged from making investments in farm or other agricultural improvements. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.

Acts 1981, No. 301, § 1; A.S.A. 1947, § 34-120; Acts 2005, No. 2257, § 1.
Ark. Code Ann. § 2-37-101 — AR Code / Title 2 / Chapter 37 / Section 2-37-101
Title
Status: in_force

This chapter shall be known as the "Arkansas Feed Law of 1997". Acts 1997, No. 726, § 1.

This chapter shall be known as the "Arkansas Feed Law of 1997".

Acts 1997, No. 726, § 1.
Ark. Code Ann. § 2-15-516 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-516
Prohibited acts
Status: in_force

(a) It shall be unlawful for a grower to: (1) Grow, process, sell or transfer, or permit the sale or transfer of living industrial hemp plants, viable hemp seed, leaf, or floral material to any person in a manner inconsistent with this subchapter or State Plant Board rule; (2) Hinder or obstruct in any way an authorized agent of the Department of Agriculture or any law enforcement entity in the performance of his or her duties; (3) Provide false, misleading, or incorrect information to the department pertaining to the licensee's cultivation, processing, or transportation of industrial hemp, including without limitation information provided in any application, report, record, or inspection required or maintained in accordance with this subchapter and board rule; (4) Commingle harvested industrial hemp material, including without limitation harvested leaf or floral material, from one plot with harvested industrial hemp material from another plot except by written consent from the department; and (5) Violate any provision of this subchapter, or of any rule or order adopted by the board under this subchapter, or any terms and conditions of a license issued by the department. (b) The department may issue stop orders for industrial hemp that is grown, harvested, or distributed in violation of this subchapter. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) It shall be unlawful for a grower to: (1) Grow, process, sell or transfer, or permit the sale or transfer of living industrial hemp plants, viable hemp seed, leaf, or floral material to any person in a manner inconsistent with this subchapter or State Plant Board rule; (2) Hinder or obstruct in any way an authorized agent of the Department of Agriculture or any law enforcement entity in the performance of his or her duties; (3) Provide false, misleading, or incorrect information to the department pertaining to the licensee's cultivation, processing, or transportation of industrial hemp, including without limitation information provided in any application, report, record, or inspection required or maintained in accordance with this subchapter and board rule; (4) Commingle harvested industrial hemp material, including without limitation harvested leaf or floral material, from one plot with harvested industrial hemp material from another plot except by written consent from the department; and (5) Violate any provision of this subchapter, or of any rule or order adopted by the board under this subchapter, or any terms and conditions of a license issued by the department.

(1) Grow, process, sell or transfer, or permit the sale or transfer of living industrial hemp plants, viable hemp seed, leaf, or floral material to any person in a manner inconsistent with this subchapter or State Plant Board rule;

(2) Hinder or obstruct in any way an authorized agent of the Department of Agriculture or any law enforcement entity in the performance of his or her duties;

(3) Provide false, misleading, or incorrect information to the department pertaining to the licensee's cultivation, processing, or transportation of industrial hemp, including without limitation information provided in any application, report, record, or inspection required or maintained in accordance with this subchapter and board rule;

(4) Commingle harvested industrial hemp material, including without limitation harvested leaf or floral material, from one plot with harvested industrial hemp material from another plot except by written consent from the department; and

(5) Violate any provision of this subchapter, or of any rule or order adopted by the board under this subchapter, or any terms and conditions of a license issued by the department.

(b) The department may issue stop orders for industrial hemp that is grown, harvested, or distributed in violation of this subchapter.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-17-201 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-201
Title
Status: in_force

This subchapter shall be known as the "Arkansas Public Grain Warehouse Law". Acts 1979, No. 83, § 1; A.S.A. 1947, § 77-1301.

This subchapter shall be known as the "Arkansas Public Grain Warehouse Law".

Acts 1979, No. 83, § 1; A.S.A. 1947, § 77-1301.
Ark. Code Ann. § 2-40-805 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-805
Equidae identification requirements
Status: in_force

All equidae domiciled within Arkansas and over the age of six (6) months or weaned from a mare shall be positively identified on the official equine infectious anemia test form by an accredited veterinarian or an agent of the Arkansas Livestock and Poultry Commission by means of distinctive markings, color patterns, previous brand, previous tattoo, previously implanted electronic transponder number, permanent scars, other blemishes, cowlicks, whorls, lip tattoo, hot brand or freeze brand before an equine infectious anemia test. Acts 1997, No. 1306, § 3.

All equidae domiciled within Arkansas and over the age of six (6) months or weaned from a mare shall be positively identified on the official equine infectious anemia test form by an accredited veterinarian or an agent of the Arkansas Livestock and Poultry Commission by means of distinctive markings, color patterns, previous brand, previous tattoo, previously implanted electronic transponder number, permanent scars, other blemishes, cowlicks, whorls, lip tattoo, hot brand or freeze brand before an equine infectious anemia test.

Acts 1997, No. 1306, § 3.
Ark. Code Ann. § 2-16-209 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-209
Transportation, etc., of insect pests, etc., generally
Status: in_force

(a) Transportation through or into or transportation, distribution, or sale within the state of any insect pest, plant disease, noxious weed, or any plant, plant product, or other substance, listed in the rules of the State Plant Board as required under § 2-16-207 , or of sorghum seed, hybrid corn seed, or other planting seeds for the transportation, distribution, or sale of which the board has made rules under this subchapter is prohibited except under such safeguards as may be provided for in the rules of the board. (b) To cover expenses incident to inspection or treatment or incident to the issuance of such permits or certificates as may be required by the board's rules made under this subchapter, the board may require the payment of reasonable fees which shall be deposited in the manner prescribed by § 2-16-210 to be used in carrying out the provisions of this subchapter. (c) The board is empowered to require that a shipper who ships plants from another state into Arkansas must meet any and all requirements which the shipper's state would make of an Arkansas shipper who ships plants into that state. (d) Inspectors carrying out the provisions of this subchapter on issuance of a written notice may cause to be held or to be sent out of the state or to be destroyed any plant, plant product, or other substance which has been brought into or is being transported within the state in violation of any state or federal law, rule, or regulation. They may stop and detain for inspection any person, car, or other carrier. Amended by Act 2019, No. 910,§ 20, eff. 7/1/2019. Acts 1917, No. 414, § 11; C. & M. Dig., § 8034; Acts 1929, No. 197, § 3; 1937, No. 203, § 2; Pope's Dig., § 12342; Acts 1939, No. 40, § 2; 1943, No. 44, § 2; A.S.A. 1947, § 77-110.

(a) Transportation through or into or transportation, distribution, or sale within the state of any insect pest, plant disease, noxious weed, or any plant, plant product, or other substance, listed in the rules of the State Plant Board as required under § 2-16-207 , or of sorghum seed, hybrid corn seed, or other planting seeds for the transportation, distribution, or sale of which the board has made rules under this subchapter is prohibited except under such safeguards as may be provided for in the rules of the board.

(b) To cover expenses incident to inspection or treatment or incident to the issuance of such permits or certificates as may be required by the board's rules made under this subchapter, the board may require the payment of reasonable fees which shall be deposited in the manner prescribed by § 2-16-210 to be used in carrying out the provisions of this subchapter.

(c) The board is empowered to require that a shipper who ships plants from another state into Arkansas must meet any and all requirements which the shipper's state would make of an Arkansas shipper who ships plants into that state.

(d) Inspectors carrying out the provisions of this subchapter on issuance of a written notice may cause to be held or to be sent out of the state or to be destroyed any plant, plant product, or other substance which has been brought into or is being transported within the state in violation of any state or federal law, rule, or regulation. They may stop and detain for inspection any person, car, or other carrier.

Amended by Act 2019, No. 910,§ 20, eff. 7/1/2019.

Acts 1917, No. 414, § 11; C. & M. Dig., § 8034; Acts 1929, No. 197, § 3; 1937, No. 203, § 2; Pope's Dig., § 12342; Acts 1939, No. 40, § 2; 1943, No. 44, § 2; A.S.A. 1947, § 77-110.
Ark. Code Ann. § 2-16-205 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-205
Effect of federal law
Status: in_force

This subchapter shall not be so construed or enforced as to conflict in any way with any act of the United States Congress regulating the movement of plants and plant products in interstate or foreign commerce. Acts 1917, No. 414, § 17; C. & M. Dig., § 8040; Pope's Dig., § 12348; A.S.A. 1947, § 77-116.

This subchapter shall not be so construed or enforced as to conflict in any way with any act of the United States Congress regulating the movement of plants and plant products in interstate or foreign commerce.

Acts 1917, No. 414, § 17; C. & M. Dig., § 8040; Pope's Dig., § 12348; A.S.A. 1947, § 77-116.
Ark. Code Ann. § 2-35-213 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-213
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1957, No. 227, §§ 1, 2; A.S.A. 1947, §§ 78-915, 78-916.

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

Acts 1957, No. 227, §§ 1, 2; A.S.A. 1947, §§ 78-915, 78-916.
Ark. Code Ann. § 2-33-206 — AR Code / Title 2 / Chapter 33 / Subchapter 2 / Section 2-33-206
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 16, eff. 8/1/2017. Acts 1973, No. 454, § 7; A.S.A. 1947, § 78-328.

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

Acts 1973, No. 454, § 7; A.S.A. 1947, § 78-328.
Ark. Code Ann. § 2-3-103 — AR Code / Title 2 / Chapter 3 / Section 2-3-103
[Suspended See Note] Registration of foreign interest in agricultural land
Status: in_force

(a) (1) (A) When after April 19, 1979, any foreign party acquires any interest in agricultural land in Arkansas by grant, purchase, adverse possession, devise, descent, or in any other manner or any agent, trustee, or fiduciary acquires title to agricultural land in Arkansas on behalf of a foreign party, the foreign party or agent, trustee, or fiduciary shall register the ownership in the office of the circuit clerk in the county in which the land is located within sixty (60) days after the acquisition. (B) The registration shall include a description of the agricultural lands acquired and the name and business address of the foreign party which acquired the lands or in whose behalf the lands were acquired. (2) When the acquisition of lands by a foreign party is registered with the circuit clerk as required in this section, the clerk shall record the acquisition in an appropriate foreign land ownership record book to be maintained by him or her. The clerk shall forthwith remit a copy of the registration to the Secretary of State, who shall likewise maintain a record of all registrations made under the provisions of this chapter. (b) Any foreign party who obtains a lease of agricultural land for a term of ten (10) years or longer or a lease renewable by option for terms which, if the options were all exercised, would total ten (10) years shall be deemed to have acquired agricultural land within the meaning of this chapter. (c) Any party who acquires or holds any interest in agricultural land in violation of this chapter shall continue to violate this chapter for as long as he or she holds an interest in the land. (d) Nothing in this chapter shall prevent a foreign party holding a lien or other interest in agricultural land before April 19, 1979, from taking a valid title to the land by the enforcement of the lien or other existing interest, but any such interest shall be registered as required in this chapter. Acts 1979, No. 1096, § 3; A.S.A. 1947, § 77-2203. Sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect pursuant to section 2-3-111 which became effective 7/28/2021.

(a) (1) (A) When after April 19, 1979, any foreign party acquires any interest in agricultural land in Arkansas by grant, purchase, adverse possession, devise, descent, or in any other manner or any agent, trustee, or fiduciary acquires title to agricultural land in Arkansas on behalf of a foreign party, the foreign party or agent, trustee, or fiduciary shall register the ownership in the office of the circuit clerk in the county in which the land is located within sixty (60) days after the acquisition. (B) The registration shall include a description of the agricultural lands acquired and the name and business address of the foreign party which acquired the lands or in whose behalf the lands were acquired. (2) When the acquisition of lands by a foreign party is registered with the circuit clerk as required in this section, the clerk shall record the acquisition in an appropriate foreign land ownership record book to be maintained by him or her. The clerk shall forthwith remit a copy of the registration to the Secretary of State, who shall likewise maintain a record of all registrations made under the provisions of this chapter.

(1) (A) When after April 19, 1979, any foreign party acquires any interest in agricultural land in Arkansas by grant, purchase, adverse possession, devise, descent, or in any other manner or any agent, trustee, or fiduciary acquires title to agricultural land in Arkansas on behalf of a foreign party, the foreign party or agent, trustee, or fiduciary shall register the ownership in the office of the circuit clerk in the county in which the land is located within sixty (60) days after the acquisition. (B) The registration shall include a description of the agricultural lands acquired and the name and business address of the foreign party which acquired the lands or in whose behalf the lands were acquired.

(A) When after April 19, 1979, any foreign party acquires any interest in agricultural land in Arkansas by grant, purchase, adverse possession, devise, descent, or in any other manner or any agent, trustee, or fiduciary acquires title to agricultural land in Arkansas on behalf of a foreign party, the foreign party or agent, trustee, or fiduciary shall register the ownership in the office of the circuit clerk in the county in which the land is located within sixty (60) days after the acquisition.

(B) The registration shall include a description of the agricultural lands acquired and the name and business address of the foreign party which acquired the lands or in whose behalf the lands were acquired.

(2) When the acquisition of lands by a foreign party is registered with the circuit clerk as required in this section, the clerk shall record the acquisition in an appropriate foreign land ownership record book to be maintained by him or her. The clerk shall forthwith remit a copy of the registration to the Secretary of State, who shall likewise maintain a record of all registrations made under the provisions of this chapter.

(b) Any foreign party who obtains a lease of agricultural land for a term of ten (10) years or longer or a lease renewable by option for terms which, if the options were all exercised, would total ten (10) years shall be deemed to have acquired agricultural land within the meaning of this chapter.

(c) Any party who acquires or holds any interest in agricultural land in violation of this chapter shall continue to violate this chapter for as long as he or she holds an interest in the land.

(d) Nothing in this chapter shall prevent a foreign party holding a lien or other interest in agricultural land before April 19, 1979, from taking a valid title to the land by the enforcement of the lien or other existing interest, but any such interest shall be registered as required in this chapter.

Acts 1979, No. 1096, § 3; A.S.A. 1947, § 77-2203.

Sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect pursuant to section 2-3-111 which became effective 7/28/2021.
Ark. Code Ann. § 2-15-504 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-504
State plan for monitoring and regulating production of industrial hemp
Status: in_force

(a) The Department of Agriculture, in consultation with the Governor, shall develop a plan to monitor and regulate the industrial hemp production program in this state. (b) The Department of Agriculture shall submit the plan developed under subsection (a) of this section to the United States Secretary of Agriculture as this state's plan for monitoring and regulating the production of industrial hemp as provided by 7 U.S.C. 1639p , as it existed on January 1, 2021. (c) The Department of Agriculture shall submit an amended state plan to the United States Department of Agriculture if the Department of Agriculture makes substantive revisions to the state plan or the laws and rules related to the state plan. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) The Department of Agriculture, in consultation with the Governor, shall develop a plan to monitor and regulate the industrial hemp production program in this state.

(b) The Department of Agriculture shall submit the plan developed under subsection (a) of this section to the United States Secretary of Agriculture as this state's plan for monitoring and regulating the production of industrial hemp as provided by 7 U.S.C. 1639p , as it existed on January 1, 2021.

(c) The Department of Agriculture shall submit an amended state plan to the United States Department of Agriculture if the Department of Agriculture makes substantive revisions to the state plan or the laws and rules related to the state plan.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-2-202 — AR Code / Title 2 / Chapter 2 / Subchapter 2 / Section 2-2-202
Penalty
Status: in_force

(a) Any person, firm, or corporation violating any provision of § 2-2-201 shall be guilty of a Class A misdemeanor. (b) Each violation of any provision of § 2-2-201 shall be deemed a separate offense. Acts 1939, No. 12, § 1-A; 1939, No. 202, § 1-A; A.S.A. 1947, § 77-1027; Acts 2005, No. 1994, § 330.

(a) Any person, firm, or corporation violating any provision of § 2-2-201 shall be guilty of a Class A misdemeanor.

(b) Each violation of any provision of § 2-2-201 shall be deemed a separate offense.

Acts 1939, No. 12, § 1-A; 1939, No. 202, § 1-A; A.S.A. 1947, § 77-1027; Acts 2005, No. 1994, § 330.
Ark. Code Ann. § 2-7-307 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-307
Initial meeting - Subsequent meetings
Status: in_force

(a) The initial mediation meeting shall be attended by the farmer and the creditor who served the mediation notice. Other creditors of the farmer may attend all mediation meetings. (b) After the initial meeting any further mediation meetings shall be held by consent of the parties. Amended by Act 2023, No. 592,§ 1, eff. 8/1/2023. Acts 1989, No. 829, § 6.

(a) The initial mediation meeting shall be attended by the farmer and the creditor who served the mediation notice. Other creditors of the farmer may attend all mediation meetings.

(b) After the initial meeting any further mediation meetings shall be held by consent of the parties.

Amended by Act 2023, No. 592,§ 1, eff. 8/1/2023.

Acts 1989, No. 829, § 6.
Ark. Code Ann. § 2-5-204 — AR Code / Title 2 / Chapter 5 / Subchapter 2 / Section 2-5-204
Powers and duties of Department of Agriculture
Status: in_force

(a) The Department of Agriculture shall: (1) Administer this subchapter and the Livestock and Poultry Special Revenue Fund; (2) Certify the commercial bait and ornamental fish that meet the standards and qualifications of the department under this subchapter; (3) Investigate methods of production and the occurrence of certain diseases, undesirable plants, undesirable animals, and other contaminants of commercial bait and ornamental fish and fisheries; (4) Conduct marketing programs to promote the use and sale of certified bait and ornamental fish raised in Arkansas; (5) Promulgate all rules the department considers necessary or desirable to implement this subchapter; and (6) Establish in its rules the management practices, testing procedures, and appropriate science criteria required for certification under this subchapter. (b) If necessary to prevent the spread of disease, the State Veterinarian in consultation with the Secretary of the Department of Agriculture may issue orders under this subchapter for the: (1) Isolation or quarantine of infected fish; (2) Disinfection of premises; (3) Destruction of incurably-diseased fish; and (4) Disposal of fish. Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023. Acts 2005, No. 1449, § 1.

(a) The Department of Agriculture shall: (1) Administer this subchapter and the Livestock and Poultry Special Revenue Fund; (2) Certify the commercial bait and ornamental fish that meet the standards and qualifications of the department under this subchapter; (3) Investigate methods of production and the occurrence of certain diseases, undesirable plants, undesirable animals, and other contaminants of commercial bait and ornamental fish and fisheries; (4) Conduct marketing programs to promote the use and sale of certified bait and ornamental fish raised in Arkansas; (5) Promulgate all rules the department considers necessary or desirable to implement this subchapter; and (6) Establish in its rules the management practices, testing procedures, and appropriate science criteria required for certification under this subchapter.

(1) Administer this subchapter and the Livestock and Poultry Special Revenue Fund;

(2) Certify the commercial bait and ornamental fish that meet the standards and qualifications of the department under this subchapter;

(3) Investigate methods of production and the occurrence of certain diseases, undesirable plants, undesirable animals, and other contaminants of commercial bait and ornamental fish and fisheries;

(4) Conduct marketing programs to promote the use and sale of certified bait and ornamental fish raised in Arkansas;

(5) Promulgate all rules the department considers necessary or desirable to implement this subchapter; and

(6) Establish in its rules the management practices, testing procedures, and appropriate science criteria required for certification under this subchapter.

(b) If necessary to prevent the spread of disease, the State Veterinarian in consultation with the Secretary of the Department of Agriculture may issue orders under this subchapter for the: (1) Isolation or quarantine of infected fish; (2) Disinfection of premises; (3) Destruction of incurably-diseased fish; and (4) Disposal of fish.

(1) Isolation or quarantine of infected fish;

(2) Disinfection of premises;

(3) Destruction of incurably-diseased fish; and

(4) Disposal of fish.

Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.

Acts 2005, No. 1449, § 1.
Ark. Code Ann. § 2-19-206 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-206
Penalty for deficiency from guaranteed analysis
Status: in_force

(a) (1) If any commercial fertilizer or fertilizer material offered for sale in this state shall, upon official analysis, prove deficient from its guarantee as stated on the bag or other container, to the extent of three percent (3%) and not over five percent (5%), then the manufacturer of the commercial fertilizer or fertilizer materials or his or her agent shall be liable for the actual deficiency as shown by the official analysis. (2) If the deficiency is over five percent (5%), then the penalty will be three (3) times the amount of the total deficiency as found by the official analysis. (3) The penalty shall apply only to the shipment sampled. (4) In its rules, the State Plant Board may set up penalties for any guaranteed constituents found deficient beyond a reasonable tolerance. (b) (1) Penalties assessed under this section and under such rules as may be enacted under it, except those exceeding the actual value of the shortages found, shall be paid to the consumer of the lot of deficient fertilizer within thirty (30) days after the date of notice from the Department of Agriculture to the manufacturer or agent, receipts to be taken and promptly forwarded to the department. (2) The value of the deficiencies, if any, exceeding the actual shortages, and the actual value of the shortages when the consumer cannot be found, shall be paid to the department within forty-five (45) days after the date of notice from the department to the manufacturer or his or her agent and shall be deposited into the Plant Board Fund of the State Treasury. (c) (1) The department shall ascertain the market value of the materials from the manufacturers of fertilizer and fertilizer materials specified in this subchapter to be used in the manufacture of fertilizer and fertilizer materials and from other reliable sources. This determination shall be done to fix units of value on them to be used in determining the amount of damages due when the official analysis shows a deficiency from the guaranteed analysis as specified in this subchapter. (2) The board is authorized to cancel the present registration or refuse to register for the next season any fertilizer or fertilizer materials offered for sale by any manufacturer, jobber, or manipulator who fails or refuses to comply with this section. Amended by Act 2021, No. 557,§ 5, eff. 7/28/2021. Acts 1951, No. 106, § 3; 1957, No. 356, § 2; A.S.A. 1947, § 77-703.

(a) (1) If any commercial fertilizer or fertilizer material offered for sale in this state shall, upon official analysis, prove deficient from its guarantee as stated on the bag or other container, to the extent of three percent (3%) and not over five percent (5%), then the manufacturer of the commercial fertilizer or fertilizer materials or his or her agent shall be liable for the actual deficiency as shown by the official analysis. (2) If the deficiency is over five percent (5%), then the penalty will be three (3) times the amount of the total deficiency as found by the official analysis. (3) The penalty shall apply only to the shipment sampled. (4) In its rules, the State Plant Board may set up penalties for any guaranteed constituents found deficient beyond a reasonable tolerance.

(1) If any commercial fertilizer or fertilizer material offered for sale in this state shall, upon official analysis, prove deficient from its guarantee as stated on the bag or other container, to the extent of three percent (3%) and not over five percent (5%), then the manufacturer of the commercial fertilizer or fertilizer materials or his or her agent shall be liable for the actual deficiency as shown by the official analysis.

(2) If the deficiency is over five percent (5%), then the penalty will be three (3) times the amount of the total deficiency as found by the official analysis.

(3) The penalty shall apply only to the shipment sampled.

(4) In its rules, the State Plant Board may set up penalties for any guaranteed constituents found deficient beyond a reasonable tolerance.

(b) (1) Penalties assessed under this section and under such rules as may be enacted under it, except those exceeding the actual value of the shortages found, shall be paid to the consumer of the lot of deficient fertilizer within thirty (30) days after the date of notice from the Department of Agriculture to the manufacturer or agent, receipts to be taken and promptly forwarded to the department. (2) The value of the deficiencies, if any, exceeding the actual shortages, and the actual value of the shortages when the consumer cannot be found, shall be paid to the department within forty-five (45) days after the date of notice from the department to the manufacturer or his or her agent and shall be deposited into the Plant Board Fund of the State Treasury.

(1) Penalties assessed under this section and under such rules as may be enacted under it, except those exceeding the actual value of the shortages found, shall be paid to the consumer of the lot of deficient fertilizer within thirty (30) days after the date of notice from the Department of Agriculture to the manufacturer or agent, receipts to be taken and promptly forwarded to the department.

(2) The value of the deficiencies, if any, exceeding the actual shortages, and the actual value of the shortages when the consumer cannot be found, shall be paid to the department within forty-five (45) days after the date of notice from the department to the manufacturer or his or her agent and shall be deposited into the Plant Board Fund of the State Treasury.

(c) (1) The department shall ascertain the market value of the materials from the manufacturers of fertilizer and fertilizer materials specified in this subchapter to be used in the manufacture of fertilizer and fertilizer materials and from other reliable sources. This determination shall be done to fix units of value on them to be used in determining the amount of damages due when the official analysis shows a deficiency from the guaranteed analysis as specified in this subchapter. (2) The board is authorized to cancel the present registration or refuse to register for the next season any fertilizer or fertilizer materials offered for sale by any manufacturer, jobber, or manipulator who fails or refuses to comply with this section.

(1) The department shall ascertain the market value of the materials from the manufacturers of fertilizer and fertilizer materials specified in this subchapter to be used in the manufacture of fertilizer and fertilizer materials and from other reliable sources. This determination shall be done to fix units of value on them to be used in determining the amount of damages due when the official analysis shows a deficiency from the guaranteed analysis as specified in this subchapter.

(2) The board is authorized to cancel the present registration or refuse to register for the next season any fertilizer or fertilizer materials offered for sale by any manufacturer, jobber, or manipulator who fails or refuses to comply with this section.

Amended by Act 2021, No. 557,§ 5, eff. 7/28/2021.

Acts 1951, No. 106, § 3; 1957, No. 356, § 2; A.S.A. 1947, § 77-703.
Ark. Code Ann. § 2-3-105 — AR Code / Title 2 / Chapter 3 / Section 2-3-105
[Suspended See Note] Land acquired by lien
Status: in_force

(a) Any foreign party who acquires agricultural land by enforcement of a lien resulting from a transaction occurring after April 19, 1979, shall, within sixty (60) days of the acquisition, register the ownership as required in this chapter. (b) In the event of failure to register as required in this chapter, proceedings under § 2-3-106 or § 2-3-107 shall be commenced. Acts 1979, No. 1096, § 11; A.S.A. 1947, § 77-2211. Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .

(a) Any foreign party who acquires agricultural land by enforcement of a lien resulting from a transaction occurring after April 19, 1979, shall, within sixty (60) days of the acquisition, register the ownership as required in this chapter.

(b) In the event of failure to register as required in this chapter, proceedings under § 2-3-106 or § 2-3-107 shall be commenced.

Acts 1979, No. 1096, § 11; A.S.A. 1947, § 77-2211.

Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
Ark. Code Ann. § 2-1-301 — AR Code / Title 2 / Chapter 1 / Subchapter 3 / Section 2-1-301
Legislative purpose
Status: in_force

The purpose of this subchapter is to protect consumers from being misled or confused by false or misleading labeling of agricultural products that are edible by humans. Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.

The purpose of this subchapter is to protect consumers from being misled or confused by false or misleading labeling of agricultural products that are edible by humans.

Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-17-409 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-409
Joining of surety
Status: in_force

(a) When the Public Grain Warehouse Commissioner is appointed as receiver under this subchapter, the surety on the bond of the licensee shall be joined as a party defendant by the commissioner. (b) (1) If required by the court, the surety shall pay the bond proceeds, or so much thereof as the court finds necessary, into the court. (2) When so paid, the surety shall be absolutely discharged from any further liability under the bond to the extent of the payment. Acts 1983, No. 342, § 9; A.S.A. 1947, § 77-1351.

(a) When the Public Grain Warehouse Commissioner is appointed as receiver under this subchapter, the surety on the bond of the licensee shall be joined as a party defendant by the commissioner.

(b) (1) If required by the court, the surety shall pay the bond proceeds, or so much thereof as the court finds necessary, into the court. (2) When so paid, the surety shall be absolutely discharged from any further liability under the bond to the extent of the payment.

(1) If required by the court, the surety shall pay the bond proceeds, or so much thereof as the court finds necessary, into the court.

(2) When so paid, the surety shall be absolutely discharged from any further liability under the bond to the extent of the payment.

Acts 1983, No. 342, § 9; A.S.A. 1947, § 77-1351.
Ark. Code Ann. § 2-15-306 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-306
Transfer of lien - Priority
Status: in_force

(a) (1) A purchaser or sales agent takes free of an owner's lien otherwise applicable to the grain, soybeans, or peanuts purchased and is relieved of any obligations created under § 2-15-303 if the purchaser or sales agent pays the full amount of required consideration for the grain, soybeans, or peanuts under a good faith, noncollusive agreement to purchase the grain, soybeans, or peanuts. (2) If a purchaser or sales agent pays the full amount of consideration under subdivision (a)(1) of this section, the owner's lien transfers to the proceeds paid by the purchaser or sales agent. (b) An owner's lien shall continue uninterrupted in the proceeds paid to or otherwise due the first purchaser. (c) Except as specifically provided in this section, an owner's lien has priority over the rights of a purchaser or sales agent. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

(a) (1) A purchaser or sales agent takes free of an owner's lien otherwise applicable to the grain, soybeans, or peanuts purchased and is relieved of any obligations created under § 2-15-303 if the purchaser or sales agent pays the full amount of required consideration for the grain, soybeans, or peanuts under a good faith, noncollusive agreement to purchase the grain, soybeans, or peanuts. (2) If a purchaser or sales agent pays the full amount of consideration under subdivision (a)(1) of this section, the owner's lien transfers to the proceeds paid by the purchaser or sales agent.

(1) A purchaser or sales agent takes free of an owner's lien otherwise applicable to the grain, soybeans, or peanuts purchased and is relieved of any obligations created under § 2-15-303 if the purchaser or sales agent pays the full amount of required consideration for the grain, soybeans, or peanuts under a good faith, noncollusive agreement to purchase the grain, soybeans, or peanuts.

(2) If a purchaser or sales agent pays the full amount of consideration under subdivision (a)(1) of this section, the owner's lien transfers to the proceeds paid by the purchaser or sales agent.

(b) An owner's lien shall continue uninterrupted in the proceeds paid to or otherwise due the first purchaser.

(c) Except as specifically provided in this section, an owner's lien has priority over the rights of a purchaser or sales agent.

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-40-1304 — AR Code / Title 2 / Chapter 40 / Subchapter 13 / Section 2-40-1304
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 77, eff. 8/1/2017. Acts 1993, No. 522, §§ 5, 7.

Repealed by Act 2017, No. 1011,§ 77, eff. 8/1/2017.

Acts 1993, No. 522, §§ 5, 7.
Ark. Code Ann. § 2-20-407 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-407
Reports - Books and records
Status: in_force

(a) Each person responsible for the collection and remittance of assessments under § 2-20-406(a) shall report to the Arkansas Soybean Promotion Board such information as may be required from time to time by rules approved by the United States Secretary of Agriculture or the board. Such information may include, but not be limited to, the following: (1) The number of bushels of soybeans purchased, initially transferred, or which, in any other manner, is subject to the collection of the assessment; (2) The amount of assessments remitted; (3) The basis, if necessary, to show why the remittance is less than the applicable rate of the assessment per bushel of soybeans purchased multiplied by the number of bushels purchased; and (4) The date any assessment was paid. (b) (1) Each person who is subject to this subchapter shall maintain and make available for inspection by the United States Department of Agriculture, the board or its designee, or the Secretary of the Department of Finance and Administration, such books and records as are necessary to carry out the provisions of this subchapter and the rules issued thereunder, including such records as are necessary to verify any reports required. Such records shall be retained for at least two (2) years beyond the fiscal period of their applicability. (2) Any producer who plants less than twenty-five (25) acres of soybeans annually shall not be required to maintain books or records under this section. (c) All information obtained from books, records, or reports required to be filed or kept under this section shall be kept confidential by all persons, including employees and former employees of the board, all officers and employees and all former officers and employees of the Department of Finance and Administration, and by all officers and employees and all former officers and employees of contracting parties having access to such information, and shall not be available to board members or any other producers. Only those persons having a specific need for such information in order to effectively administer the provisions of this subchapter shall have access to such information. In addition, only such information so furnished or acquired as the United States Department of Agriculture or the board deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the United States Department of Agriculture or the board, or to which the United States Department of Agriculture, any officer of the United States, the board, or the Secretary of the Department of Finance and Administration, is a party. This section shall not be deemed to prohibit: (1) The issuance of general statements based upon the reports of the number of persons subject to this subchapter or statistical data collected therefrom, which statements do not identify the information furnished by any person; and (2) The publication, by direction of the United States Secretary of Agriculture or the board, of the name of any person who has been adjudged to have violated this subchapter, together with a statement of the particular provisions of the subchapter violated by such person. Amended by Act 2019, No. 910,§ 3277, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3276, eff. 7/1/2019. Acts 1971, No. 259, § 3; 1979, No. 355, §§ 2, 3; A.S.A. 1947, § 77-2003; Acts 1991, No. 340, § 7.

(a) Each person responsible for the collection and remittance of assessments under § 2-20-406(a) shall report to the Arkansas Soybean Promotion Board such information as may be required from time to time by rules approved by the United States Secretary of Agriculture or the board. Such information may include, but not be limited to, the following: (1) The number of bushels of soybeans purchased, initially transferred, or which, in any other manner, is subject to the collection of the assessment; (2) The amount of assessments remitted; (3) The basis, if necessary, to show why the remittance is less than the applicable rate of the assessment per bushel of soybeans purchased multiplied by the number of bushels purchased; and (4) The date any assessment was paid.

(1) The number of bushels of soybeans purchased, initially transferred, or which, in any other manner, is subject to the collection of the assessment;

(2) The amount of assessments remitted;

(3) The basis, if necessary, to show why the remittance is less than the applicable rate of the assessment per bushel of soybeans purchased multiplied by the number of bushels purchased; and

(4) The date any assessment was paid.

(b) (1) Each person who is subject to this subchapter shall maintain and make available for inspection by the United States Department of Agriculture, the board or its designee, or the Secretary of the Department of Finance and Administration, such books and records as are necessary to carry out the provisions of this subchapter and the rules issued thereunder, including such records as are necessary to verify any reports required. Such records shall be retained for at least two (2) years beyond the fiscal period of their applicability. (2) Any producer who plants less than twenty-five (25) acres of soybeans annually shall not be required to maintain books or records under this section.

(1) Each person who is subject to this subchapter shall maintain and make available for inspection by the United States Department of Agriculture, the board or its designee, or the Secretary of the Department of Finance and Administration, such books and records as are necessary to carry out the provisions of this subchapter and the rules issued thereunder, including such records as are necessary to verify any reports required. Such records shall be retained for at least two (2) years beyond the fiscal period of their applicability.

(2) Any producer who plants less than twenty-five (25) acres of soybeans annually shall not be required to maintain books or records under this section.

(c) All information obtained from books, records, or reports required to be filed or kept under this section shall be kept confidential by all persons, including employees and former employees of the board, all officers and employees and all former officers and employees of the Department of Finance and Administration, and by all officers and employees and all former officers and employees of contracting parties having access to such information, and shall not be available to board members or any other producers. Only those persons having a specific need for such information in order to effectively administer the provisions of this subchapter shall have access to such information. In addition, only such information so furnished or acquired as the United States Department of Agriculture or the board deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the United States Department of Agriculture or the board, or to which the United States Department of Agriculture, any officer of the United States, the board, or the Secretary of the Department of Finance and Administration, is a party. This section shall not be deemed to prohibit: (1) The issuance of general statements based upon the reports of the number of persons subject to this subchapter or statistical data collected therefrom, which statements do not identify the information furnished by any person; and (2) The publication, by direction of the United States Secretary of Agriculture or the board, of the name of any person who has been adjudged to have violated this subchapter, together with a statement of the particular provisions of the subchapter violated by such person.

(1) The issuance of general statements based upon the reports of the number of persons subject to this subchapter or statistical data collected therefrom, which statements do not identify the information furnished by any person; and

(2) The publication, by direction of the United States Secretary of Agriculture or the board, of the name of any person who has been adjudged to have violated this subchapter, together with a statement of the particular provisions of the subchapter violated by such person.

Amended by Act 2019, No. 910,§ 3277, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3276, eff. 7/1/2019.

Acts 1971, No. 259, § 3; 1979, No. 355, §§ 2, 3; A.S.A. 1947, § 77-2003; Acts 1991, No. 340, § 7.
Ark. Code Ann. § 2-16-906 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-906
Notices
Status: in_force

In addition to the state Compact administrator, notices under Article VI (d) should be sent to the Assistant Director of the State Plant Board and the person designated as the State Plant Regulatory Official. Acts 2009, No. 401, § 1.

In addition to the state Compact administrator, notices under Article VI (d) should be sent to the Assistant Director of the State Plant Board and the person designated as the State Plant Regulatory Official.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-21-102 — AR Code / Title 2 / Chapter 21 / Section 2-21-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agent" means any person not selling nursery stock under the partial or full control of a nurseryman or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer, or agent in handling nursery stock on a cooperative basis; (2) "Dealer" means any person, not a grower of nursery stock, who buys nursery stock for the purpose of reselling and reshipping independently of any control of a nursery; (3) "Nursery" means any grounds or premises on or in which nursery stock is propagated and grown for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed, or stored; (4) "Nurseryman" means the person who owns, leases, manages, or is in charge of a nursery; (5) "Nursery stock" means all field-grown florist stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruitpits, and other seeds of fruit and ornamental trees and shrubs and other plants and plant products for propagation, except field, vegetable, and flower seeds; and (6) "Person" means corporations, companies, societies, associations, partnerships, or any individual or combination of individuals. When construing or enforcing the provisions of this chapter, omission or failure of any officer, agent, servant, or other individual acting for or employed by any person, as defined within the scope of his or her employment or office, shall, in every case, be also deemed to be the act, omission, or failure of that person as well as that of the individual himself or herself. Acts 1919, No. 683, § 2; C. & M. Dig., § 8003; Pope's Dig., § 12328; A.S.A. 1947, § 77-402.

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

(1) "Agent" means any person not selling nursery stock under the partial or full control of a nurseryman or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer, or agent in handling nursery stock on a cooperative basis;

(2) "Dealer" means any person, not a grower of nursery stock, who buys nursery stock for the purpose of reselling and reshipping independently of any control of a nursery;

(3) "Nursery" means any grounds or premises on or in which nursery stock is propagated and grown for sale, or any grounds or premises on or in which nursery stock is being fumigated, treated, packed, or stored;

(4) "Nurseryman" means the person who owns, leases, manages, or is in charge of a nursery;

(5) "Nursery stock" means all field-grown florist stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruitpits, and other seeds of fruit and ornamental trees and shrubs and other plants and plant products for propagation, except field, vegetable, and flower seeds; and

(6) "Person" means corporations, companies, societies, associations, partnerships, or any individual or combination of individuals. When construing or enforcing the provisions of this chapter, omission or failure of any officer, agent, servant, or other individual acting for or employed by any person, as defined within the scope of his or her employment or office, shall, in every case, be also deemed to be the act, omission, or failure of that person as well as that of the individual himself or herself.

Acts 1919, No. 683, § 2; C. & M. Dig., § 8003; Pope's Dig., § 12328; A.S.A. 1947, § 77-402.
Ark. Code Ann. § 2-16-703 — AR Code / Title 2 / Chapter 16 / Subchapter 7 / Section 2-16-703
[Repealed]
Status: repealed

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021. Acts 1993, No. 268, §§ 3, 7; 1997, No. 577, § 1.

Repealed by Act 2021, No. 501,§ 1, eff. 7/28/2021.

Acts 1993, No. 268, §§ 3, 7; 1997, No. 577, § 1.
Ark. Code Ann. § 2-36-302 — AR Code / Title 2 / Chapter 36 / Subchapter 3 / Section 2-36-302
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 5, eff. 7/28/2021. Acts 1983, No. 746, §§ 1, 2; A.S.A. 1947, §§ 78-1625, 78-1626; Acts 1987, No. 554, § 1; 1999, No. 99, § 1; 2011, No. 116, § 1; 2011, No. 131, § 1.

Repealed by Act 2021, No. 700,§ 5, eff. 7/28/2021.

Acts 1983, No. 746, §§ 1, 2; A.S.A. 1947, §§ 78-1625, 78-1626; Acts 1987, No. 554, § 1; 1999, No. 99, § 1; 2011, No. 116, § 1; 2011, No. 131, § 1.
Ark. Code Ann. § 2-40-208 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-208
Inspection of livestock markets
Status: in_force

(a) (1) The Arkansas Livestock and Poultry Commission shall prescribe minimum sanitary and health standards for livestock markets in the state to promote and protect the health of livestock handled at these markets and the health of personnel working in the markets. (2) The commission or its agents shall periodically inspect the markets for compliance with the sanitary and health standards. (b) (1) If the commission or its agents find that any market is not in compliance with such standards, it shall notify the operator of the market, in writing, of areas in which the market is out of compliance. (2) The market operator shall, within fifteen (15) days after receipt of the notice, certify to the commission the steps it has taken to comply with the standards. (c) (1) (A) If the operator fails to respond or if the commission or its agents determine that the market has not complied with the health and sanitation standards, the market shall be inspected by a committee consisting of: (i) One (1) livestock market representative; (ii) Two (2) livestock producers; and (iii) The State Veterinarian. (B) Members of the committee shall be appointed by the chair of the commission, and these members shall be from outside the livestock market's trade area. (2) If the committee finds that the market does not meet the prescribed sanitary standards, the commission shall order the market closed immediately until the market is found to be in compliance with the health and sanitation standards. (3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1985, No. 150, § 2; 1985, No. 151, § 2; A.S.A. 1947, § 78-476; Acts 1997, No. 250, § 9; 2007, No. 827, § 7.

(a) (1) The Arkansas Livestock and Poultry Commission shall prescribe minimum sanitary and health standards for livestock markets in the state to promote and protect the health of livestock handled at these markets and the health of personnel working in the markets. (2) The commission or its agents shall periodically inspect the markets for compliance with the sanitary and health standards.

(1) The Arkansas Livestock and Poultry Commission shall prescribe minimum sanitary and health standards for livestock markets in the state to promote and protect the health of livestock handled at these markets and the health of personnel working in the markets.

(2) The commission or its agents shall periodically inspect the markets for compliance with the sanitary and health standards.

(b) (1) If the commission or its agents find that any market is not in compliance with such standards, it shall notify the operator of the market, in writing, of areas in which the market is out of compliance. (2) The market operator shall, within fifteen (15) days after receipt of the notice, certify to the commission the steps it has taken to comply with the standards.

(1) If the commission or its agents find that any market is not in compliance with such standards, it shall notify the operator of the market, in writing, of areas in which the market is out of compliance.

(2) The market operator shall, within fifteen (15) days after receipt of the notice, certify to the commission the steps it has taken to comply with the standards.

(c) (1) (A) If the operator fails to respond or if the commission or its agents determine that the market has not complied with the health and sanitation standards, the market shall be inspected by a committee consisting of: (i) One (1) livestock market representative; (ii) Two (2) livestock producers; and (iii) The State Veterinarian. (B) Members of the committee shall be appointed by the chair of the commission, and these members shall be from outside the livestock market's trade area. (2) If the committee finds that the market does not meet the prescribed sanitary standards, the commission shall order the market closed immediately until the market is found to be in compliance with the health and sanitation standards. (3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(1) (A) If the operator fails to respond or if the commission or its agents determine that the market has not complied with the health and sanitation standards, the market shall be inspected by a committee consisting of: (i) One (1) livestock market representative; (ii) Two (2) livestock producers; and (iii) The State Veterinarian. (B) Members of the committee shall be appointed by the chair of the commission, and these members shall be from outside the livestock market's trade area.

(A) If the operator fails to respond or if the commission or its agents determine that the market has not complied with the health and sanitation standards, the market shall be inspected by a committee consisting of: (i) One (1) livestock market representative; (ii) Two (2) livestock producers; and (iii) The State Veterinarian.

(i) One (1) livestock market representative;

(ii) Two (2) livestock producers; and

(iii) The State Veterinarian.

(B) Members of the committee shall be appointed by the chair of the commission, and these members shall be from outside the livestock market's trade area.

(2) If the committee finds that the market does not meet the prescribed sanitary standards, the commission shall order the market closed immediately until the market is found to be in compliance with the health and sanitation standards.

(3) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Acts 1985, No. 150, § 2; 1985, No. 151, § 2; A.S.A. 1947, § 78-476; Acts 1997, No. 250, § 9; 2007, No. 827, § 7.
Ark. Code Ann. § 2-2-425 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-425
Existing entities may participate
Status: in_force

(a) (1) By a majority vote of its stockholders or members, any corporation or association organized under previous existing statutes may be brought under the provisions of this subchapter by limiting its membership and adopting the other restrictions as provided in this subchapter. (2) It shall make out in duplicate a statement signed and sworn to by its directors upon forms supplied by the Secretary of State to the effect that the corporation or association has by a majority vote of its stockholders or members decided to accept the benefits and be bound by the provisions of this subchapter. (3) Articles of incorporation shall be filed as required in § 2-2-408 , except that they shall be signed by the members of the board of directors. (b) The filing fee shall be the same as for filing an amendment to articles of incorporation. Acts 1921, No. 116, § 23; Pope's Dig., § 2308; A.S.A. 1947, § 77-923.

(a) (1) By a majority vote of its stockholders or members, any corporation or association organized under previous existing statutes may be brought under the provisions of this subchapter by limiting its membership and adopting the other restrictions as provided in this subchapter. (2) It shall make out in duplicate a statement signed and sworn to by its directors upon forms supplied by the Secretary of State to the effect that the corporation or association has by a majority vote of its stockholders or members decided to accept the benefits and be bound by the provisions of this subchapter. (3) Articles of incorporation shall be filed as required in § 2-2-408 , except that they shall be signed by the members of the board of directors.

(1) By a majority vote of its stockholders or members, any corporation or association organized under previous existing statutes may be brought under the provisions of this subchapter by limiting its membership and adopting the other restrictions as provided in this subchapter.

(2) It shall make out in duplicate a statement signed and sworn to by its directors upon forms supplied by the Secretary of State to the effect that the corporation or association has by a majority vote of its stockholders or members decided to accept the benefits and be bound by the provisions of this subchapter.

(3) Articles of incorporation shall be filed as required in § 2-2-408 , except that they shall be signed by the members of the board of directors.

(b) The filing fee shall be the same as for filing an amendment to articles of incorporation.

Acts 1921, No. 116, § 23; Pope's Dig., § 2308; A.S.A. 1947, § 77-923.
Ark. Code Ann. § 2-17-208 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-208
Filing schedule of charges
Status: in_force

(a) (1) Before the issuance of a license under this subchapter, the public grain warehouseman shall file a copy of his or her schedule of charges for storage and other services with the Public Grain Warehouse Commissioner. (2) If the public grain warehouseman desires to make any changes in the schedule of charges during the license period, he or she shall file with the commissioner a statement in writing showing the change at least thirty (30) days before its effective date. (b) Each public grain warehouseman shall keep conspicuously posted the schedule of charges for storage and other services as so filed and shall strictly adhere to these charges. Acts 1979, No. 83, § 8; A.S.A. 1947, § 77-1308.

(a) (1) Before the issuance of a license under this subchapter, the public grain warehouseman shall file a copy of his or her schedule of charges for storage and other services with the Public Grain Warehouse Commissioner. (2) If the public grain warehouseman desires to make any changes in the schedule of charges during the license period, he or she shall file with the commissioner a statement in writing showing the change at least thirty (30) days before its effective date.

(1) Before the issuance of a license under this subchapter, the public grain warehouseman shall file a copy of his or her schedule of charges for storage and other services with the Public Grain Warehouse Commissioner.

(2) If the public grain warehouseman desires to make any changes in the schedule of charges during the license period, he or she shall file with the commissioner a statement in writing showing the change at least thirty (30) days before its effective date.

(b) Each public grain warehouseman shall keep conspicuously posted the schedule of charges for storage and other services as so filed and shall strictly adhere to these charges.

Acts 1979, No. 83, § 8; A.S.A. 1947, § 77-1308.
Ark. Code Ann. § 2-17-238 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-238
Disposition of revenues
Status: in_force

All revenues collected under the provisions of this subchapter by the State Plant Board shall be deposited into the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the board. Acts 1979, No. 83, § 38; A.S.A. 1947, § 77-1338; Acts 1993, No. 783, § 4.

All revenues collected under the provisions of this subchapter by the State Plant Board shall be deposited into the Plant Board Fund to be used for the maintenance, operation, support, and improvement of the board.

Acts 1979, No. 83, § 38; A.S.A. 1947, § 77-1338; Acts 1993, No. 783, § 4.
Ark. Code Ann. § 2-6-115 — AR Code / Title 2 / Chapter 6 / Section 2-6-115
Receivership - Applicability of administrative procedures
Status: in_force

The actions of the Secretary of the Department of Agriculture in connection with petitioning for appointment as a receiver, and all actions under such appointment, shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

The actions of the Secretary of the Department of Agriculture in connection with petitioning for appointment as a receiver, and all actions under such appointment, shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

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

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-15-307 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-307
Lien priority generally
Status: in_force

Except for a permitted lien, an owner's lien takes priority over any other lien regardless of whether the lien arises by contract, law, equity, or otherwise. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

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

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-22-105 — AR Code / Title 2 / Chapter 22 / Section 2-22-105
Rules
Status: in_force

(a) The State Plant Board may promulgate such rules, not inconsistent with this chapter, as it shall deem necessary for the proper enforcement of this chapter. (b) Rules shall be promulgated, issued, and enforced in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1977, No. 161, § 6; A.S.A. 1947, § 78-1730.

(a) The State Plant Board may promulgate such rules, not inconsistent with this chapter, as it shall deem necessary for the proper enforcement of this chapter.

(b) Rules shall be promulgated, issued, and enforced in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1977, No. 161, § 6; A.S.A. 1947, § 78-1730.
Ark. Code Ann. § 2-6-103 — AR Code / Title 2 / Chapter 6 / Section 2-6-103
Definitions
Status: in_force

As used in this chapter: (1) [Repealed.] (2) "Capable of use as human food" means and applies to any catfish or part or product of any catfish unless it is denatured or otherwise identified as required by rules prescribed by the Department of Agriculture to deter its use as human food, or unless it is naturally inedible by humans; (3) "Cash sale" means a sale in which the seller does not expressly extend credit to the buyer; (4) "Catfish" means any species of the scientific order Ostariophysida, family Ictaluridae; (5) "Class A registrant" means any catfish processor who purchases at least fifty thousand dollars ($50,000) worth of catfish annually from catfish producers; (6) "Direct retail sale" means the sale of catfish products directly to the consumer; (7) [Repealed.] (8) "Owner" means a person or a producer that owns an equity interest, directly or indirectly, in a catfish processor; (9) "Person" includes any individual, partnership, corporation, and association, or other legal entity; (10) "Processor" means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish products; (11) "Producer" means any person engaged in the business of producing catfish by any method; (12) "Product" means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof; and (13) "Secured party" means a lender who has a perfected security interest under the Uniform Commercial Code, § 4-1-101 et seq., in the catfish being sold. Amended by Act 2023, No. 588,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 588,§ 4, eff. 8/1/2023. Acts 1987, No. 365, § 4; 1989 (3rd Ex. Sess.), No. 53, § 1; 2003, No. 128, § 1.

As used in this chapter:

(1) [Repealed.]

(2) "Capable of use as human food" means and applies to any catfish or part or product of any catfish unless it is denatured or otherwise identified as required by rules prescribed by the Department of Agriculture to deter its use as human food, or unless it is naturally inedible by humans;

(3) "Cash sale" means a sale in which the seller does not expressly extend credit to the buyer;

(4) "Catfish" means any species of the scientific order Ostariophysida, family Ictaluridae;

(5) "Class A registrant" means any catfish processor who purchases at least fifty thousand dollars ($50,000) worth of catfish annually from catfish producers;

(6) "Direct retail sale" means the sale of catfish products directly to the consumer;

(7) [Repealed.]

(8) "Owner" means a person or a producer that owns an equity interest, directly or indirectly, in a catfish processor;

(9) "Person" includes any individual, partnership, corporation, and association, or other legal entity;

(10) "Processor" means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish products;

(11) "Producer" means any person engaged in the business of producing catfish by any method;

(12) "Product" means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof; and

(13) "Secured party" means a lender who has a perfected security interest under the Uniform Commercial Code, § 4-1-101 et seq., in the catfish being sold.

Amended by Act 2023, No. 588,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 588,§ 4, eff. 8/1/2023.

Acts 1987, No. 365, § 4; 1989 (3rd Ex. Sess.), No. 53, § 1; 2003, No. 128, § 1.
Ark. Code Ann. § 2-24-101 — AR Code / Title 2 / Chapter 24 / Section 2-24-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Grain Dealers Act". Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

This chapter shall be known and may be cited as the "Arkansas Grain Dealers Act".

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-9-112 — AR Code / Title 2 / Chapter 9 / Section 2-9-112
Arkansas Catfish Promotion Fund
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Arkansas Catfish Promotion Fund. (b) The fund shall consist of those special revenues from assessments as specified in this chapter, there to be used in such manner as the Arkansas Catfish Promotion Board deems appropriate for Arkansas catfish promotion and research and for the operation and maintenance of the board office and payment of expenses of the board members as set out in § 2-9-103 . Acts 1999, No. 790, § 12.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Arkansas Catfish Promotion Fund.

(b) The fund shall consist of those special revenues from assessments as specified in this chapter, there to be used in such manner as the Arkansas Catfish Promotion Board deems appropriate for Arkansas catfish promotion and research and for the operation and maintenance of the board office and payment of expenses of the board members as set out in § 2-9-103 .

Acts 1999, No. 790, § 12.
Ark. Code Ann. § 2-16-604 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-604
Criminal penalties
Status: in_force

(a) Any person who shall violate any of the provisions of this subchapter or the rules promulgated hereunder, or who shall alter, forge, or counterfeit, or use without authority any certificate or permit or other document provided for in this subchapter or in the rules promulgated hereunder, shall be guilty of a Class C misdemeanor. (b) Any person who shall, except in compliance with the rules of the State Plant Board, move any regulated article into this state from any other state which the board found in the rules is infested by the boll weevil shall be guilty of a Class C misdemeanor. Acts 1991, No. 710, § 11.

(a) Any person who shall violate any of the provisions of this subchapter or the rules promulgated hereunder, or who shall alter, forge, or counterfeit, or use without authority any certificate or permit or other document provided for in this subchapter or in the rules promulgated hereunder, shall be guilty of a Class C misdemeanor.

(b) Any person who shall, except in compliance with the rules of the State Plant Board, move any regulated article into this state from any other state which the board found in the rules is infested by the boll weevil shall be guilty of a Class C misdemeanor.

Acts 1991, No. 710, § 11.
Ark. Code Ann. § 2-10-104 — AR Code / Title 2 / Chapter 10 / Subchapter 1 / Section 2-10-104
Powers and duties of the Arkansas Livestock and Poultry Commission - Definitions
Status: in_force

(a) (1) The Arkansas Livestock and Poultry Commission shall: (A) Have jurisdiction over milk and milk products marketed in the State of Arkansas, including without limitation the base milk price paid to an Arkansas milk producer; and (B) (i) Require that an Arkansas milk producer receive Class 1 prices for milk utilized or sold as fluid milk in this state. (ii) Subdivision (a)(1)(B)(i) of this section applies only to milk that is both produced in and sold as fluid milk within this state. (2) The commission may: (A) Revise the payment of Class 1 prices required under subdivision (a)(1)(B)(i) of this section if Arkansas is no longer considered a milk-deficit state; and (B) Make, modify, and enforce rules that the commission deems necessary to effectively carry out this subsection. (b) As used in this section: (1) "Base milk price" means the top line of a milk producer's milk check before deductions for quality premiums or discounts, transportation costs, and cooperative administrative fees; (2) "Class 1 price" means the price declared by the Federal Milk Marketing Order No. 7; and (3) "Fluid milk" means milk used for buttermilk, eggnog, flavored, low-fat, skimmed, or whole milk. Amended by Act 2023, No. 691,§ 13, eff. 7/1/2023. Amended by Act 2021, No. 521,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 521,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 13, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 12, eff. 7/1/2019. Acts 2007, No. 754, § 1.

(a) (1) The Arkansas Livestock and Poultry Commission shall: (A) Have jurisdiction over milk and milk products marketed in the State of Arkansas, including without limitation the base milk price paid to an Arkansas milk producer; and (B) (i) Require that an Arkansas milk producer receive Class 1 prices for milk utilized or sold as fluid milk in this state. (ii) Subdivision (a)(1)(B)(i) of this section applies only to milk that is both produced in and sold as fluid milk within this state. (2) The commission may: (A) Revise the payment of Class 1 prices required under subdivision (a)(1)(B)(i) of this section if Arkansas is no longer considered a milk-deficit state; and (B) Make, modify, and enforce rules that the commission deems necessary to effectively carry out this subsection.

(1) The Arkansas Livestock and Poultry Commission shall: (A) Have jurisdiction over milk and milk products marketed in the State of Arkansas, including without limitation the base milk price paid to an Arkansas milk producer; and (B) (i) Require that an Arkansas milk producer receive Class 1 prices for milk utilized or sold as fluid milk in this state. (ii) Subdivision (a)(1)(B)(i) of this section applies only to milk that is both produced in and sold as fluid milk within this state.

(A) Have jurisdiction over milk and milk products marketed in the State of Arkansas, including without limitation the base milk price paid to an Arkansas milk producer; and

(B) (i) Require that an Arkansas milk producer receive Class 1 prices for milk utilized or sold as fluid milk in this state. (ii) Subdivision (a)(1)(B)(i) of this section applies only to milk that is both produced in and sold as fluid milk within this state.

(i) Require that an Arkansas milk producer receive Class 1 prices for milk utilized or sold as fluid milk in this state.

(ii) Subdivision (a)(1)(B)(i) of this section applies only to milk that is both produced in and sold as fluid milk within this state.

(2) The commission may: (A) Revise the payment of Class 1 prices required under subdivision (a)(1)(B)(i) of this section if Arkansas is no longer considered a milk-deficit state; and (B) Make, modify, and enforce rules that the commission deems necessary to effectively carry out this subsection.

(A) Revise the payment of Class 1 prices required under subdivision (a)(1)(B)(i) of this section if Arkansas is no longer considered a milk-deficit state; and

(B) Make, modify, and enforce rules that the commission deems necessary to effectively carry out this subsection.

(b) As used in this section: (1) "Base milk price" means the top line of a milk producer's milk check before deductions for quality premiums or discounts, transportation costs, and cooperative administrative fees; (2) "Class 1 price" means the price declared by the Federal Milk Marketing Order No. 7; and (3) "Fluid milk" means milk used for buttermilk, eggnog, flavored, low-fat, skimmed, or whole milk.

(1) "Base milk price" means the top line of a milk producer's milk check before deductions for quality premiums or discounts, transportation costs, and cooperative administrative fees;

(2) "Class 1 price" means the price declared by the Federal Milk Marketing Order No. 7; and

(3) "Fluid milk" means milk used for buttermilk, eggnog, flavored, low-fat, skimmed, or whole milk.

Amended by Act 2023, No. 691,§ 13, eff. 7/1/2023.

Amended by Act 2021, No. 521,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 521,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 13, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 12, eff. 7/1/2019.

Acts 2007, No. 754, § 1.
Ark. Code Ann. § 2-17-202 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commissioner" means the Public Grain Warehouse Commissioner, who shall be the Director of the State Plant Board or his or her designated representative; (2) "Grain" means all grains for which standards have been established under the United States Grain Standards Act, as amended, and shall include rice, as defined by the standards of the United States Department of Agriculture; (3) "Person" means individuals, corporations, partnerships, and all associations of two (2) or more persons having a joint or common interest; (4) "Public grain warehouse" means any building, structure, or other protected enclosure in this state used for the purpose of storing grain for a consideration; (5) "Public grain warehouseman" means any person who operates a public grain warehouse as defined in this section; (6) "Stored grain" means any grain received in any public grain warehouse, located in this state, if it is not purchased and beneficially owned by the public grain warehouseman; and (7) (A) "Warehouse receipt" means a licensed warehouse receipt issued under this subchapter and an unpriced scale ticket. (B) Including unpriced scale tickets within the definition of "warehouse receipt" does not make the unpriced scale tickets negotiable. Acts 1979, No. 83, § 2; 1983, No. 264, § 1; A.S.A. 1947, § 77-1302.

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

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

(2) "Grain" means all grains for which standards have been established under the United States Grain Standards Act, as amended, and shall include rice, as defined by the standards of the United States Department of Agriculture;

(3) "Person" means individuals, corporations, partnerships, and all associations of two (2) or more persons having a joint or common interest;

(4) "Public grain warehouse" means any building, structure, or other protected enclosure in this state used for the purpose of storing grain for a consideration;

(5) "Public grain warehouseman" means any person who operates a public grain warehouse as defined in this section;

(6) "Stored grain" means any grain received in any public grain warehouse, located in this state, if it is not purchased and beneficially owned by the public grain warehouseman; and

(7) (A) "Warehouse receipt" means a licensed warehouse receipt issued under this subchapter and an unpriced scale ticket. (B) Including unpriced scale tickets within the definition of "warehouse receipt" does not make the unpriced scale tickets negotiable.

(A) "Warehouse receipt" means a licensed warehouse receipt issued under this subchapter and an unpriced scale ticket.

(B) Including unpriced scale tickets within the definition of "warehouse receipt" does not make the unpriced scale tickets negotiable.

Acts 1979, No. 83, § 2; 1983, No. 264, § 1; A.S.A. 1947, § 77-1302.
Ark. Code Ann. § 2-16-412 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-412
Enforcement
Status: in_force

(a) (1) The sampling and examination of pesticides or devices shall be made by the State Plant Board for the purpose of determining whether they comply with the requirements of this subchapter. (2) The board is authorized to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to pesticides or devices packaged or labeled for distribution and to collect samples of the contents, containers, or labeling for the pesticides or devices. (3) If an analysis is made of the samples, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge. (4) If it appears from the examination that a pesticide or device fails to comply with the provisions of this subchapter or rules adopted hereunder and the board contemplates instituting criminal proceedings against any person, the board shall cause appropriate notice to be given to that person. (5) Any person so notified shall be given an opportunity within a reasonable time to present his or her views, either orally or in writing, with regard to the contemplated proceedings. (6) If thereafter, in the opinion of the board, it appears that the provisions of this subchapter or rules adopted hereunder have been violated by the person, the board shall refer a copy of the results of the analysis or the examination of the pesticide or device to the prosecuting attorney for the county in which the violation occurred. (b) (1) For the purpose of carrying out the provisions of this subchapter, the board may enter upon any public or private premises at reasonable times in order to inspect storage or disposal areas or sample pesticides being applied or to be applied. (2) Should the board be denied access to any premises or other areas where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to those premises or other areas for the purposes set forth in this subchapter. The court may, upon such application, issue the search warrant for the purposes requested. (c) The board, with or without the aid and advice of the prosecuting attorney, is charged with the duty of enforcing the requirements of this subchapter and any rules issued thereunder. In the event a prosecuting attorney refuses to act on behalf of the board, the Attorney General may so act. (d) The board is authorized to apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction. This injunction shall restrain any person from violating any provisions of this subchapter or of the rules made under authority of this subchapter and shall be without bond. (e) Nothing in this subchapter shall be construed as requiring the board to report minor violations of this subchapter for prosecution or for the institution of condemnation proceedings when it believes that the public interest will be served best by a suitable notice of warning in writing. Acts 1975, No. 410, § 12; A.S.A. 1947, § 77-238.

(a) (1) The sampling and examination of pesticides or devices shall be made by the State Plant Board for the purpose of determining whether they comply with the requirements of this subchapter. (2) The board is authorized to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to pesticides or devices packaged or labeled for distribution and to collect samples of the contents, containers, or labeling for the pesticides or devices. (3) If an analysis is made of the samples, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge. (4) If it appears from the examination that a pesticide or device fails to comply with the provisions of this subchapter or rules adopted hereunder and the board contemplates instituting criminal proceedings against any person, the board shall cause appropriate notice to be given to that person. (5) Any person so notified shall be given an opportunity within a reasonable time to present his or her views, either orally or in writing, with regard to the contemplated proceedings. (6) If thereafter, in the opinion of the board, it appears that the provisions of this subchapter or rules adopted hereunder have been violated by the person, the board shall refer a copy of the results of the analysis or the examination of the pesticide or device to the prosecuting attorney for the county in which the violation occurred.

(1) The sampling and examination of pesticides or devices shall be made by the State Plant Board for the purpose of determining whether they comply with the requirements of this subchapter.

(2) The board is authorized to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to pesticides or devices packaged or labeled for distribution and to collect samples of the contents, containers, or labeling for the pesticides or devices.

(3) If an analysis is made of the samples, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge.

(4) If it appears from the examination that a pesticide or device fails to comply with the provisions of this subchapter or rules adopted hereunder and the board contemplates instituting criminal proceedings against any person, the board shall cause appropriate notice to be given to that person.

(5) Any person so notified shall be given an opportunity within a reasonable time to present his or her views, either orally or in writing, with regard to the contemplated proceedings.

(6) If thereafter, in the opinion of the board, it appears that the provisions of this subchapter or rules adopted hereunder have been violated by the person, the board shall refer a copy of the results of the analysis or the examination of the pesticide or device to the prosecuting attorney for the county in which the violation occurred.

(b) (1) For the purpose of carrying out the provisions of this subchapter, the board may enter upon any public or private premises at reasonable times in order to inspect storage or disposal areas or sample pesticides being applied or to be applied. (2) Should the board be denied access to any premises or other areas where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to those premises or other areas for the purposes set forth in this subchapter. The court may, upon such application, issue the search warrant for the purposes requested.

(1) For the purpose of carrying out the provisions of this subchapter, the board may enter upon any public or private premises at reasonable times in order to inspect storage or disposal areas or sample pesticides being applied or to be applied.

(2) Should the board be denied access to any premises or other areas where access was sought for the purposes set forth in this subchapter, it may apply to any court of competent jurisdiction for a search warrant authorizing access to those premises or other areas for the purposes set forth in this subchapter. The court may, upon such application, issue the search warrant for the purposes requested.

(c) The board, with or without the aid and advice of the prosecuting attorney, is charged with the duty of enforcing the requirements of this subchapter and any rules issued thereunder. In the event a prosecuting attorney refuses to act on behalf of the board, the Attorney General may so act.

(d) The board is authorized to apply to any court of competent jurisdiction for, and the court upon hearing and for cause shown may grant, a temporary or permanent injunction. This injunction shall restrain any person from violating any provisions of this subchapter or of the rules made under authority of this subchapter and shall be without bond.

(e) Nothing in this subchapter shall be construed as requiring the board to report minor violations of this subchapter for prosecution or for the institution of condemnation proceedings when it believes that the public interest will be served best by a suitable notice of warning in writing.

Acts 1975, No. 410, § 12; A.S.A. 1947, § 77-238.
Ark. Code Ann. § 2-19-207 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-207
Sampling fertilizers
Status: in_force

The inspectors for the Department of Agriculture shall obtain samples of fertilizer or fertilizer materials in the following manner: (1) They shall draw samples with a core instrument that shall not be less than twelve inches (12") in length in a manner that will procure a representative sample from such shipments of fertilizer or fertilizer materials as they may be directed by the State Plant Board or that they may find uninspected; (2) Where there are ten (10) packages or less, they shall take samples from every package; where there are ten (10) or more packages, they shall take samples from ten (10) packages, plus a sample for each additional ton. In no case do more than twenty (20) packages need to be sampled; (3) After thoroughly mixing the samples so drawn, they shall fill a container to be approved by the board with a portion of the mixed sample for chemical analysis or inspection; and (4) Accompanying these samples, a report shall be made giving the name of the commodity inspected, number of packages represented by sample, the name of the manufacturer, the guaranteed analysis, the place where inspected, the date of inspection, and the name of the inspector. Amended by Act 2021, No. 557,§ 6, eff. 7/28/2021. Acts 1951, No. 106, § 6; A.S.A. 1947, § 77-709.

The inspectors for the Department of Agriculture shall obtain samples of fertilizer or fertilizer materials in the following manner:

(1) They shall draw samples with a core instrument that shall not be less than twelve inches (12") in length in a manner that will procure a representative sample from such shipments of fertilizer or fertilizer materials as they may be directed by the State Plant Board or that they may find uninspected;

(2) Where there are ten (10) packages or less, they shall take samples from every package; where there are ten (10) or more packages, they shall take samples from ten (10) packages, plus a sample for each additional ton. In no case do more than twenty (20) packages need to be sampled;

(3) After thoroughly mixing the samples so drawn, they shall fill a container to be approved by the board with a portion of the mixed sample for chemical analysis or inspection; and

(4) Accompanying these samples, a report shall be made giving the name of the commodity inspected, number of packages represented by sample, the name of the manufacturer, the guaranteed analysis, the place where inspected, the date of inspection, and the name of the inspector.

Amended by Act 2021, No. 557,§ 6, eff. 7/28/2021.

Acts 1951, No. 106, § 6; A.S.A. 1947, § 77-709.
Ark. Code Ann. § 2-2-411 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-411
Bylaws
Status: in_force

(a) Within thirty (30) days after its incorporation, each association incorporated under this subchapter must adopt a code of bylaws, not inconsistent with the powers granted by this subchapter, for its government and management. (b) Each association under its bylaws may also provide for any or all of the following matters: (1) The time, place, and manner of calling and conducting its meetings; (2) The number of stockholders or members constituting a quorum; (3) The right of members or stockholders to vote by proxy or by mail or by both, and the conditions, manner, form, and effect of these votes; (4) The number of directors constituting a quorum; (5) The qualifications, compensation, duties, and term of office of directors and officers; time of their election; and the mode and manner of giving notice thereof; (6) Penalties for violations of the bylaws; (7) The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the fees; and the purposes for which they may be used; (8) (A) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; (B) The charge, if any, to be paid by each member or stockholder for services rendered by the association to him or her and the time of payment and the manner of collection; and (C) The marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and (9) (A) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; (B) The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; (C) The manner of assignment and transfer of the interest of members and the shares of common stock; (D) The conditions upon which the membership of any member shall cease; (E) The automatic suspension of the rights of a member when he or she ceases to be eligible for membership in the association and the mode, manner, and effect of the expulsion of a member; and (F) (i) The manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his or her membership or, at the option of the association, by a conclusive appraisal by the board of directors. (ii) In case of withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise his or her property interests in the association and shall fix the amount thereof in money, which shall be paid to him or her within one (1) year after the expulsion or withdrawal. Acts 1921, No. 116, § 10; Pope's Dig., § 2295; Acts 1961, No. 470, § 2; A.S.A. 1947, § 77-910.

(a) Within thirty (30) days after its incorporation, each association incorporated under this subchapter must adopt a code of bylaws, not inconsistent with the powers granted by this subchapter, for its government and management.

(b) Each association under its bylaws may also provide for any or all of the following matters: (1) The time, place, and manner of calling and conducting its meetings; (2) The number of stockholders or members constituting a quorum; (3) The right of members or stockholders to vote by proxy or by mail or by both, and the conditions, manner, form, and effect of these votes; (4) The number of directors constituting a quorum; (5) The qualifications, compensation, duties, and term of office of directors and officers; time of their election; and the mode and manner of giving notice thereof; (6) Penalties for violations of the bylaws; (7) The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the fees; and the purposes for which they may be used; (8) (A) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; (B) The charge, if any, to be paid by each member or stockholder for services rendered by the association to him or her and the time of payment and the manner of collection; and (C) The marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and (9) (A) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; (B) The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; (C) The manner of assignment and transfer of the interest of members and the shares of common stock; (D) The conditions upon which the membership of any member shall cease; (E) The automatic suspension of the rights of a member when he or she ceases to be eligible for membership in the association and the mode, manner, and effect of the expulsion of a member; and (F) (i) The manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his or her membership or, at the option of the association, by a conclusive appraisal by the board of directors. (ii) In case of withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise his or her property interests in the association and shall fix the amount thereof in money, which shall be paid to him or her within one (1) year after the expulsion or withdrawal.

(1) The time, place, and manner of calling and conducting its meetings;

(2) The number of stockholders or members constituting a quorum;

(3) The right of members or stockholders to vote by proxy or by mail or by both, and the conditions, manner, form, and effect of these votes;

(4) The number of directors constituting a quorum;

(5) The qualifications, compensation, duties, and term of office of directors and officers; time of their election; and the mode and manner of giving notice thereof;

(6) Penalties for violations of the bylaws;

(7) The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the fees; and the purposes for which they may be used;

(8) (A) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; (B) The charge, if any, to be paid by each member or stockholder for services rendered by the association to him or her and the time of payment and the manner of collection; and (C) The marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and

(A) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association;

(B) The charge, if any, to be paid by each member or stockholder for services rendered by the association to him or her and the time of payment and the manner of collection; and

(C) The marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and

(9) (A) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; (B) The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; (C) The manner of assignment and transfer of the interest of members and the shares of common stock; (D) The conditions upon which the membership of any member shall cease; (E) The automatic suspension of the rights of a member when he or she ceases to be eligible for membership in the association and the mode, manner, and effect of the expulsion of a member; and (F) (i) The manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his or her membership or, at the option of the association, by a conclusive appraisal by the board of directors. (ii) In case of withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise his or her property interests in the association and shall fix the amount thereof in money, which shall be paid to him or her within one (1) year after the expulsion or withdrawal.

(A) The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock;

(B) The method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock;

(C) The manner of assignment and transfer of the interest of members and the shares of common stock;

(D) The conditions upon which the membership of any member shall cease;

(E) The automatic suspension of the rights of a member when he or she ceases to be eligible for membership in the association and the mode, manner, and effect of the expulsion of a member; and

(F) (i) The manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his or her membership or, at the option of the association, by a conclusive appraisal by the board of directors. (ii) In case of withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise his or her property interests in the association and shall fix the amount thereof in money, which shall be paid to him or her within one (1) year after the expulsion or withdrawal.

(i) The manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder or upon the expulsion of a member or forfeiture of his or her membership or, at the option of the association, by a conclusive appraisal by the board of directors.

(ii) In case of withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise his or her property interests in the association and shall fix the amount thereof in money, which shall be paid to him or her within one (1) year after the expulsion or withdrawal.

Acts 1921, No. 116, § 10; Pope's Dig., § 2295; Acts 1961, No. 470, § 2; A.S.A. 1947, § 77-910.
Ark. Code Ann. § 2-16-506 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-506
Powers and duties of district supervisors
Status: in_force

(a) The district Johnson grass control and eradication supervisor of each district shall have and exercise the following powers and duties, among others, regarding the Johnson grass eradication program: (1) To supervise the eradication of Johnson grass; (2) To inspect property in the district to determine whether this subchapter is being complied with by those owning or having control of such lands; (3) To inform himself or herself of the nature of Johnson grass and to follow the recommendations of the Director of the State Plant Board and the College of Agriculture of the University of Arkansas as to the best methods of controlling, eradicating, and preventing the dissemination of Johnson grass; and (4) Through the director, to enter into agreements with the state and federal agencies for the cooperative control of Johnson grass. (b) The supervisor shall periodically inspect all lands in the district. Annually and at such other times as may be required by the district board the supervisor shall make a complete report to the district board and the director of the progress being made in the district in the control and eradication of Johnson grass. Acts 1967, No. 186, § 6; 1975, No. 287, § 6; A.S.A. 1947, § 77-1706.

(a) The district Johnson grass control and eradication supervisor of each district shall have and exercise the following powers and duties, among others, regarding the Johnson grass eradication program: (1) To supervise the eradication of Johnson grass; (2) To inspect property in the district to determine whether this subchapter is being complied with by those owning or having control of such lands; (3) To inform himself or herself of the nature of Johnson grass and to follow the recommendations of the Director of the State Plant Board and the College of Agriculture of the University of Arkansas as to the best methods of controlling, eradicating, and preventing the dissemination of Johnson grass; and (4) Through the director, to enter into agreements with the state and federal agencies for the cooperative control of Johnson grass.

(1) To supervise the eradication of Johnson grass;

(2) To inspect property in the district to determine whether this subchapter is being complied with by those owning or having control of such lands;

(3) To inform himself or herself of the nature of Johnson grass and to follow the recommendations of the Director of the State Plant Board and the College of Agriculture of the University of Arkansas as to the best methods of controlling, eradicating, and preventing the dissemination of Johnson grass; and

(4) Through the director, to enter into agreements with the state and federal agencies for the cooperative control of Johnson grass.

(b) The supervisor shall periodically inspect all lands in the district. Annually and at such other times as may be required by the district board the supervisor shall make a complete report to the district board and the director of the progress being made in the district in the control and eradication of Johnson grass.

Acts 1967, No. 186, § 6; 1975, No. 287, § 6; A.S.A. 1947, § 77-1706.
Ark. Code Ann. § 2-16-307 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-307
Infested zones - Emergency proclamation
Status: in_force

(a) Upon satisfactory information acquired in any manner or upon information furnished by the State Plant Board, signed by the secretary and at least three (3) members thereof, showing that a dangerous insect pest or plant disease exists in the state or is in dangerous proximity thereto, the Governor shall issue a proclamation specifying the insect pest or plant disease. The proclamation shall declare such a pest or disease to be a dangerous insect pest or plant disease which threatens an agricultural industry. It shall specify the plants, plant products, articles, substances, and places capable of harboring or spreading the dangerous insect pest or plant disease and shall declare the zones or areas in which the danger exists. (b) Until such time as the Governor shall ascertain from the board, as provided above, and shall by proclamation declare that the emergency has ceased to exist, it shall be unlawful for any person to grow or maintain within those zones or areas any plants, plant products, articles, substances, or places infected or infested with a dangerous plant disease or insect pest or likely to become so infested or infected. (c) Plants, plant products, articles, substances, or places may be grown or maintained in the manner and method and under the conditions which shall be prescribed by rules made and promulgated by the board as provided in this subchapter. Acts 1921, No. 519, § 4; Pope's Dig., § 12360; A.S.A. 1947, § 77-120.

(a) Upon satisfactory information acquired in any manner or upon information furnished by the State Plant Board, signed by the secretary and at least three (3) members thereof, showing that a dangerous insect pest or plant disease exists in the state or is in dangerous proximity thereto, the Governor shall issue a proclamation specifying the insect pest or plant disease. The proclamation shall declare such a pest or disease to be a dangerous insect pest or plant disease which threatens an agricultural industry. It shall specify the plants, plant products, articles, substances, and places capable of harboring or spreading the dangerous insect pest or plant disease and shall declare the zones or areas in which the danger exists.

(b) Until such time as the Governor shall ascertain from the board, as provided above, and shall by proclamation declare that the emergency has ceased to exist, it shall be unlawful for any person to grow or maintain within those zones or areas any plants, plant products, articles, substances, or places infected or infested with a dangerous plant disease or insect pest or likely to become so infested or infected.

(c) Plants, plant products, articles, substances, or places may be grown or maintained in the manner and method and under the conditions which shall be prescribed by rules made and promulgated by the board as provided in this subchapter.

Acts 1921, No. 519, § 4; Pope's Dig., § 12360; A.S.A. 1947, § 77-120.
Ark. Code Ann. § 2-2-119 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-119
General corporation laws
Status: in_force

The provisions of the general corporation laws of this state, and all powers and rights thereunder, shall apply to the associations organized under this subchapter, except where the provisions are in conflict with or inconsistent with the express provisions of this subchapter. Acts 1939, No. 153, § 18; A.S.A. 1947, § 77-1018.

The provisions of the general corporation laws of this state, and all powers and rights thereunder, shall apply to the associations organized under this subchapter, except where the provisions are in conflict with or inconsistent with the express provisions of this subchapter.

Acts 1939, No. 153, § 18; A.S.A. 1947, § 77-1018.
Ark. Code Ann. § 2-38-110 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-110
Records
Status: in_force

It is the duty of the Department of Agriculture to maintain a publicly accessible record of all livestock currently in the custody of impounders within the state that shall include full details and at least one (1) photo provided by the impounder. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 9; C. & M. Dig., § 282; Pope's Dig., § 296; A.S.A. 1947, § 78-1114.

It is the duty of the Department of Agriculture to maintain a publicly accessible record of all livestock currently in the custody of impounders within the state that shall include full details and at least one (1) photo provided by the impounder.

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

Rev. Stat., ch. 58, § 9; C. & M. Dig., § 282; Pope's Dig., § 296; A.S.A. 1947, § 78-1114.
Ark. Code Ann. § 2-38-103 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-103
Site of impounding
Status: in_force

A person shall not impound any stray livestock, except on his or her own farm or in his or her immediate vicinity. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 23; C. & M. Dig., § 270; Pope's Dig., § 284; A.S.A. 1947, § 78-1103.

A person shall not impound any stray livestock, except on his or her own farm or in his or her immediate vicinity.

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

Rev. Stat., ch. 58, § 23; C. & M. Dig., § 270; Pope's Dig., § 284; A.S.A. 1947, § 78-1103.
Ark. Code Ann. § 2-35-308 — AR Code / Title 2 / Chapter 35 / Subchapter 3 / Section 2-35-308
Disposition of funds
Status: in_force

(a) The Director of the Department of Finance and Administration shall deposit all assessments and penalties collected under this subchapter in the State Treasury. (b) (1) After deducting three percent (3%) for credit to the Constitutional and Officers Fund and the State Central Services Fund, the Treasurer of State shall credit the remainder to the Arkansas Beef Council Fund, which is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (2) All funds so credited to the Arkansas Beef Council Fund shall be used in such manner as the council deems appropriate for: (A) Arkansas beef promotion and research; (B) The operation and maintenance of the council office; and (C) Payment of expenses of the board members in accordance with § 25-16-901 et seq. Acts 1983, No. 160, § 7; A.S.A. 1947, § 78-1907; Acts 1997, No. 250, § 7.

(a) The Director of the Department of Finance and Administration shall deposit all assessments and penalties collected under this subchapter in the State Treasury.

(b) (1) After deducting three percent (3%) for credit to the Constitutional and Officers Fund and the State Central Services Fund, the Treasurer of State shall credit the remainder to the Arkansas Beef Council Fund, which is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (2) All funds so credited to the Arkansas Beef Council Fund shall be used in such manner as the council deems appropriate for: (A) Arkansas beef promotion and research; (B) The operation and maintenance of the council office; and (C) Payment of expenses of the board members in accordance with § 25-16-901 et seq.

(1) After deducting three percent (3%) for credit to the Constitutional and Officers Fund and the State Central Services Fund, the Treasurer of State shall credit the remainder to the Arkansas Beef Council Fund, which is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

(2) All funds so credited to the Arkansas Beef Council Fund shall be used in such manner as the council deems appropriate for: (A) Arkansas beef promotion and research; (B) The operation and maintenance of the council office; and (C) Payment of expenses of the board members in accordance with § 25-16-901 et seq.

(A) Arkansas beef promotion and research;

(B) The operation and maintenance of the council office; and

(C) Payment of expenses of the board members in accordance with § 25-16-901 et seq.

Acts 1983, No. 160, § 7; A.S.A. 1947, § 78-1907; Acts 1997, No. 250, § 7.
Ark. Code Ann. § 2-16-510 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-510
Acceptance of gifts, etc
Status: in_force

The district Johnson grass control board is authorized to accept gifts, grants, and donations for use in carrying out the purpose of controlling and eradicating Johnson grass in the district. Acts 1967, No. 186, § 9; 1975, No. 287, § 9; A.S.A. 1947, § 77-1709.

The district Johnson grass control board is authorized to accept gifts, grants, and donations for use in carrying out the purpose of controlling and eradicating Johnson grass in the district.

Acts 1967, No. 186, § 9; 1975, No. 287, § 9; A.S.A. 1947, § 77-1709.
Ark. Code Ann. § 2-19-503 — AR Code / Title 2 / Chapter 19 / Subchapter 5 / Section 2-19-503
Exemptions
Status: in_force

This subchapter shall not affect the private sale of unprocessed animal litter, nor shall the State Plant Board regulate the private sale of unprocessed animal litter which is not sold as one hundred percent (100%) natural organic fertilizer as defined by this subchapter. Acts 1988 (4th Ex. Sess.), No. 24, § 1; 1991, No. 968, § 3.

This subchapter shall not affect the private sale of unprocessed animal litter, nor shall the State Plant Board regulate the private sale of unprocessed animal litter which is not sold as one hundred percent (100%) natural organic fertilizer as defined by this subchapter.

Acts 1988 (4th Ex. Sess.), No. 24, § 1; 1991, No. 968, § 3.
Ark. Code Ann. § 2-17-221 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-221
Contents of receipts
Status: in_force

(a) Every receipt issued for grain stored in a public grain warehouse shall conform to the requirements of § 4-7-202 and in addition shall embody within its written or printed terms: (1) A statement that the holder of the receipt or the depositor of the grain shall demand the delivery of the grain on or before a date not later than one (1) year from the date specified by the public grain warehouseman; (2) The net weight, number of bushels, and the percentage of dockage; (3) The words "NOT NEGOTIABLE", or "NEGOTIABLE", according to the nature of the receipt, clearly and conspicuously printed or stamped thereon; and (4) That the holder of the receipt or the depositor of the grain shall demand the delivery of the grain not later than the expiration of one (1) year from the date of the receipt. (b) (1) Every receipt, whether negotiable or nonnegotiable, issued for grain stored in a warehouse shall specify a period, not exceeding one (1) year, for which the grain is accepted for storage under this subchapter. (2) The warehouseman shall, in the absence of some lawful excuse, issue a new receipt for a further specified period not to exceed one (1) year, provided that the following conditions are met: (A) Demand for issuance of a new receipt; (B) Surrender of the old receipt by the lawful holder at or before the expiration of the period specified therein; and (C) An offer to satisfy the warehouseman's lien. (c) Every negotiable receipt issued shall, in addition to conforming with the requirements of subsection (a) of this section, embody within its written or printed terms a form of endorsement which may be used by the depositor or his or her authorized agent for showing the ownership of, and liens, mortgages, or other encumbrances on, the grain covered by the receipt. (d) A public grain warehouseman shall not insert any language in any warehouse receipt or make any contract with respect to any warehouse receipt which purports to limit the liabilities or responsibilities imposed on him or her by law. Acts 1979, No. 83, § 26; A.S.A. 1947, § 77-1326.

(a) Every receipt issued for grain stored in a public grain warehouse shall conform to the requirements of § 4-7-202 and in addition shall embody within its written or printed terms: (1) A statement that the holder of the receipt or the depositor of the grain shall demand the delivery of the grain on or before a date not later than one (1) year from the date specified by the public grain warehouseman; (2) The net weight, number of bushels, and the percentage of dockage; (3) The words "NOT NEGOTIABLE", or "NEGOTIABLE", according to the nature of the receipt, clearly and conspicuously printed or stamped thereon; and (4) That the holder of the receipt or the depositor of the grain shall demand the delivery of the grain not later than the expiration of one (1) year from the date of the receipt.

(1) A statement that the holder of the receipt or the depositor of the grain shall demand the delivery of the grain on or before a date not later than one (1) year from the date specified by the public grain warehouseman;

(2) The net weight, number of bushels, and the percentage of dockage;

(3) The words "NOT NEGOTIABLE", or "NEGOTIABLE", according to the nature of the receipt, clearly and conspicuously printed or stamped thereon; and

(4) That the holder of the receipt or the depositor of the grain shall demand the delivery of the grain not later than the expiration of one (1) year from the date of the receipt.

(b) (1) Every receipt, whether negotiable or nonnegotiable, issued for grain stored in a warehouse shall specify a period, not exceeding one (1) year, for which the grain is accepted for storage under this subchapter. (2) The warehouseman shall, in the absence of some lawful excuse, issue a new receipt for a further specified period not to exceed one (1) year, provided that the following conditions are met: (A) Demand for issuance of a new receipt; (B) Surrender of the old receipt by the lawful holder at or before the expiration of the period specified therein; and (C) An offer to satisfy the warehouseman's lien.

(1) Every receipt, whether negotiable or nonnegotiable, issued for grain stored in a warehouse shall specify a period, not exceeding one (1) year, for which the grain is accepted for storage under this subchapter.

(2) The warehouseman shall, in the absence of some lawful excuse, issue a new receipt for a further specified period not to exceed one (1) year, provided that the following conditions are met: (A) Demand for issuance of a new receipt; (B) Surrender of the old receipt by the lawful holder at or before the expiration of the period specified therein; and (C) An offer to satisfy the warehouseman's lien.

(A) Demand for issuance of a new receipt;

(B) Surrender of the old receipt by the lawful holder at or before the expiration of the period specified therein; and

(C) An offer to satisfy the warehouseman's lien.

(c) Every negotiable receipt issued shall, in addition to conforming with the requirements of subsection (a) of this section, embody within its written or printed terms a form of endorsement which may be used by the depositor or his or her authorized agent for showing the ownership of, and liens, mortgages, or other encumbrances on, the grain covered by the receipt.

(d) A public grain warehouseman shall not insert any language in any warehouse receipt or make any contract with respect to any warehouse receipt which purports to limit the liabilities or responsibilities imposed on him or her by law.

Acts 1979, No. 83, § 26; A.S.A. 1947, § 77-1326.
Ark. Code Ann. § 2-2-421 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-421
Exchange of shares for acquired interests
Status: in_force

Whenever an association organized under this subchapter with preferred capital stock shall purchase the stock or any property or any interest in any property of any person, firm, corporation, or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock to an amount which at par value would equal a fair market value of the stock or interest so purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued. Acts 1921, No. 116, § 18; Pope's Dig., § 2303; A.S.A. 1947, § 77-918.

Whenever an association organized under this subchapter with preferred capital stock shall purchase the stock or any property or any interest in any property of any person, firm, corporation, or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock to an amount which at par value would equal a fair market value of the stock or interest so purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.

Acts 1921, No. 116, § 18; Pope's Dig., § 2303; A.S.A. 1947, § 77-918.
Ark. Code Ann. § 2-33-110 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-110
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 9, eff. 8/1/2017. Acts 1959, No. 178, § 1; A.S.A. 1947, § 78-315; Acts 2005, No. 1994, § 191.

Repealed by Act 2017, No. 1011,§ 9, eff. 8/1/2017.

Acts 1959, No. 178, § 1; A.S.A. 1947, § 78-315; Acts 2005, No. 1994, § 191.
Ark. Code Ann. § 2-15-406 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-406
[Repealed]
Status: repealed

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 17, eff. 7/1/2019. Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.

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

Amended by Act 2019, No. 910,§ 17, eff. 7/1/2019.

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-17-235 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-235
Examinations and inspections
Status: in_force

(a) (1) (A) Every public grain warehouse shall be examined by the Public Grain Warehouse Commissioner, each year. (B) The cost of the examination shall be included in the annual license fee. (2) (A) The Public Grain Warehouse Commissioner, at his or her discretion, may make additional examinations of any public grain warehouse at any time. (B) If any material discrepancy is found as a result of additional examination, the cost of the examination is to be paid by the public grain warehouseman. (b) Upon application for license renewal, every public grain warehouse shall submit a copy of its financial statement to the commissioner. The financial statement shall have been prepared by a certified public accountant and sworn to by the certified public accountant and the public grain warehouseman. (c) The commissioner may, at his or her discretion, inspect the public grain warehouse's business, facilities, equipment, inventories, property, books, records, accounts, papers, minutes of proceedings held at the public grain warehouse, and any other records which the commissioner deems relevant to the operation of the public grain warehouse. (d) All scales used for the weighing of property in public grain warehouses shall be subject to tests during regular business hours by the Arkansas Bureau of Standards of the State Plant Board. (e) All records, reports, and findings of the commissioner required or issued under this subchapter may be released to any interested person and shall be made available to public inspection. Acts 1979, No. 83, § 22; A.S.A. 1947, § 77-1322.

(a) (1) (A) Every public grain warehouse shall be examined by the Public Grain Warehouse Commissioner, each year. (B) The cost of the examination shall be included in the annual license fee. (2) (A) The Public Grain Warehouse Commissioner, at his or her discretion, may make additional examinations of any public grain warehouse at any time. (B) If any material discrepancy is found as a result of additional examination, the cost of the examination is to be paid by the public grain warehouseman.

(1) (A) Every public grain warehouse shall be examined by the Public Grain Warehouse Commissioner, each year. (B) The cost of the examination shall be included in the annual license fee.

(A) Every public grain warehouse shall be examined by the Public Grain Warehouse Commissioner, each year.

(B) The cost of the examination shall be included in the annual license fee.

(2) (A) The Public Grain Warehouse Commissioner, at his or her discretion, may make additional examinations of any public grain warehouse at any time. (B) If any material discrepancy is found as a result of additional examination, the cost of the examination is to be paid by the public grain warehouseman.

(A) The Public Grain Warehouse Commissioner, at his or her discretion, may make additional examinations of any public grain warehouse at any time.

(B) If any material discrepancy is found as a result of additional examination, the cost of the examination is to be paid by the public grain warehouseman.

(b) Upon application for license renewal, every public grain warehouse shall submit a copy of its financial statement to the commissioner. The financial statement shall have been prepared by a certified public accountant and sworn to by the certified public accountant and the public grain warehouseman.

(c) The commissioner may, at his or her discretion, inspect the public grain warehouse's business, facilities, equipment, inventories, property, books, records, accounts, papers, minutes of proceedings held at the public grain warehouse, and any other records which the commissioner deems relevant to the operation of the public grain warehouse.

(d) All scales used for the weighing of property in public grain warehouses shall be subject to tests during regular business hours by the Arkansas Bureau of Standards of the State Plant Board.

(e) All records, reports, and findings of the commissioner required or issued under this subchapter may be released to any interested person and shall be made available to public inspection.

Acts 1979, No. 83, § 22; A.S.A. 1947, § 77-1322.
Ark. Code Ann. § 2-17-412 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-412
Distribution of grain or proceeds
Status: in_force

(a) The plan of disposition, as approved by the court, shall provide for the distribution of the stored grain or the proceeds from the sale of stored grain or the proceeds from any surety bond, or any combination thereof, less expenses incurred by the Public Grain Warehouse Commissioner in connection with the receivership, to depositors on a pro rata basis as their interests are determined. (b) Distribution shall be without regard to any setoff, counterclaim, or storage lien or charge. Acts 1983, No. 342, § 12; A.S.A. 1947, § 77-1354.

(a) The plan of disposition, as approved by the court, shall provide for the distribution of the stored grain or the proceeds from the sale of stored grain or the proceeds from any surety bond, or any combination thereof, less expenses incurred by the Public Grain Warehouse Commissioner in connection with the receivership, to depositors on a pro rata basis as their interests are determined.

(b) Distribution shall be without regard to any setoff, counterclaim, or storage lien or charge.

Acts 1983, No. 342, § 12; A.S.A. 1947, § 77-1354.
Ark. Code Ann. § 2-6-123 — AR Code / Title 2 / Chapter 6 / Section 2-6-123
Receivership - Final report
Status: in_force

At the termination of the receivership, the Secretary of the Department of Agriculture shall file a final report containing the details of his or her actions, together with such additional information as the court may require. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

At the termination of the receivership, the Secretary of the Department of Agriculture shall file a final report containing the details of his or her actions, together with such additional information as the court may require.

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

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-40-101 — AR Code / Title 2 / Chapter 40 / Subchapter 1 / Section 2-40-101
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 36, eff. 8/1/2017. Acts 1907, No. 409, §§ 4, 7, p. 1043; C. & M. Dig., §§ 351, 354; Pope's Dig., §§ 376, 379; Acts 1981, No. 823, § 1; A.S.A. 1947, §§ 78-404, 78-407; Acts 2005, No. 1994, § 23.

Repealed by Act 2017, No. 1011,§ 36, eff. 8/1/2017.

Acts 1907, No. 409, §§ 4, 7, p. 1043; C. & M. Dig., §§ 351, 354; Pope's Dig., §§ 376, 379; Acts 1981, No. 823, § 1; A.S.A. 1947, §§ 78-404, 78-407; Acts 2005, No. 1994, § 23.
Ark. Code Ann. § 2-4-103 — AR Code / Title 2 / Chapter 4 / Section 2-4-103
Applicability to contracts
Status: in_force

This chapter shall not be construed to invalidate any contracts heretofore made, but insofar as contracts are concerned shall be applicable only with respect to contracts and agreements made subsequent to March 3, 1981. Acts 1981, No. 301, § 6; A.S.A. 1947, § 34-125.

This chapter shall not be construed to invalidate any contracts heretofore made, but insofar as contracts are concerned shall be applicable only with respect to contracts and agreements made subsequent to March 3, 1981.

Acts 1981, No. 301, § 6; A.S.A. 1947, § 34-125.
Ark. Code Ann. § 2-20-702 — AR Code / Title 2 / Chapter 20 / Subchapter 7 / Section 2-20-702
Rules
Status: in_force

(a) The State Plant Board is authorized and directed to promulgate appropriate rules to enable it to effectively and efficiently carry out its responsibilities under this subchapter. (b) Rules shall include, but shall not be limited to: (1) Requirement of annual certification and registration of ginseng dealers and exporters; (2) Requirement that ginseng dealers and exporters maintain records of all their purchases and sales of ginseng; (3) The establishment of a limited ginseng harvesting season designed to promote and assure the survival of wild American ginseng in the state; (4) Requirement to obtain a permit or certificate from the board by any person desiring to artificially propagate ginseng and to provide for the inspection of cultivated ginseng and ginseng nurseries in the state; and (5) A requirement that a certificate of legal taking be attached to all ginseng exported from the state. Acts 1985, No. 774, § 2; A.S.A. 1947, § 77-141.

(a) The State Plant Board is authorized and directed to promulgate appropriate rules to enable it to effectively and efficiently carry out its responsibilities under this subchapter.

(b) Rules shall include, but shall not be limited to: (1) Requirement of annual certification and registration of ginseng dealers and exporters; (2) Requirement that ginseng dealers and exporters maintain records of all their purchases and sales of ginseng; (3) The establishment of a limited ginseng harvesting season designed to promote and assure the survival of wild American ginseng in the state; (4) Requirement to obtain a permit or certificate from the board by any person desiring to artificially propagate ginseng and to provide for the inspection of cultivated ginseng and ginseng nurseries in the state; and (5) A requirement that a certificate of legal taking be attached to all ginseng exported from the state.

(1) Requirement of annual certification and registration of ginseng dealers and exporters;

(2) Requirement that ginseng dealers and exporters maintain records of all their purchases and sales of ginseng;

(3) The establishment of a limited ginseng harvesting season designed to promote and assure the survival of wild American ginseng in the state;

(4) Requirement to obtain a permit or certificate from the board by any person desiring to artificially propagate ginseng and to provide for the inspection of cultivated ginseng and ginseng nurseries in the state; and

(5) A requirement that a certificate of legal taking be attached to all ginseng exported from the state.

Acts 1985, No. 774, § 2; A.S.A. 1947, § 77-141.
Ark. Code Ann. § 2-17-304 — AR Code / Title 2 / Chapter 17 / Subchapter 3 / Section 2-17-304
Waiver of rights
Status: in_force

Any owner may, by written document signed by him or her or his or her agent, waive any and all rights conferred upon the owner by this subchapter. Acts 1981, No. 401, § 4; A.S.A. 1947, § 77-1341.

Any owner may, by written document signed by him or her or his or her agent, waive any and all rights conferred upon the owner by this subchapter.

Acts 1981, No. 401, § 4; A.S.A. 1947, § 77-1341.
Ark. Code Ann. § 2-20-604 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-604
Arkansas Wheat Promotion Board
Status: in_force

(a) The Arkansas Wheat Promotion Board is created. (b) (1) The board shall be composed of seven (7) producer members to be appointed by the Governor and confirmed by the Senate. (2) All of the seven (7) members of the board shall: (A) Represent Arkansas wheat farmers at large; and (B) Be practical producers of wheat in the State of Arkansas. (3) Each member selected shall serve for a term of two (2) years and until his or her successor is duly selected as provided in this section. (c) (1) The members of the board shall meet and organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board. (2) All officers shall serve for a period of one (1) year and until their successors are elected. (d) The Department of Agriculture shall provide administrative support to the board. Amended by Act 2023, No. 712,§ 5, eff. 7/1/2023. Acts 1985, No. 283, § 2; A.S.A. 1947, § 77-2402; Acts 1999, No. 351, § 2.

(a) The Arkansas Wheat Promotion Board is created.

(b) (1) The board shall be composed of seven (7) producer members to be appointed by the Governor and confirmed by the Senate. (2) All of the seven (7) members of the board shall: (A) Represent Arkansas wheat farmers at large; and (B) Be practical producers of wheat in the State of Arkansas. (3) Each member selected shall serve for a term of two (2) years and until his or her successor is duly selected as provided in this section.

(1) The board shall be composed of seven (7) producer members to be appointed by the Governor and confirmed by the Senate.

(2) All of the seven (7) members of the board shall: (A) Represent Arkansas wheat farmers at large; and (B) Be practical producers of wheat in the State of Arkansas.

(A) Represent Arkansas wheat farmers at large; and

(B) Be practical producers of wheat in the State of Arkansas.

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

(c) (1) The members of the board shall meet and organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board. (2) All officers shall serve for a period of one (1) year and until their successors are elected.

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

(2) All officers shall serve for a period of one (1) year and until their successors are elected.

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

Amended by Act 2023, No. 712,§ 5, eff. 7/1/2023.

Acts 1985, No. 283, § 2; A.S.A. 1947, § 77-2402; Acts 1999, No. 351, § 2.
Ark. Code Ann. § 2-24-104 — AR Code / Title 2 / Chapter 24 / Section 2-24-104
License required
Status: in_force

(a) (1) A dealer shall obtain a license from the State Plant Board under this chapter before entering into a contract for or purchasing grain. (2) A dealer that exists as of the effective date of this chapter has sixty (60) days from March 23, 2015 to obtain a license. (b) (1) A license is valid from July 1 of the year of application until June 30 of the following year. (2) However, an initial license received between January 1 and June 30 is valid only until June 30 of the year in which the license was obtained. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) (1) A dealer shall obtain a license from the State Plant Board under this chapter before entering into a contract for or purchasing grain. (2) A dealer that exists as of the effective date of this chapter has sixty (60) days from March 23, 2015 to obtain a license.

(1) A dealer shall obtain a license from the State Plant Board under this chapter before entering into a contract for or purchasing grain.

(2) A dealer that exists as of the effective date of this chapter has sixty (60) days from March 23, 2015 to obtain a license.

(b) (1) A license is valid from July 1 of the year of application until June 30 of the following year. (2) However, an initial license received between January 1 and June 30 is valid only until June 30 of the year in which the license was obtained.

(1) A license is valid from July 1 of the year of application until June 30 of the following year.

(2) However, an initial license received between January 1 and June 30 is valid only until June 30 of the year in which the license was obtained.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-22-101 — AR Code / Title 2 / Chapter 22 / Section 2-22-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Abandoned apiary" means an apiary to which the owner or operator fails to provide such reasonable and adequate attention to each hive during the year as to jeopardize the welfare of neighboring colonies; (2) "Apiary" means any place where one (1) or more colonies of bees are kept; (3) "Apiary equipment" means hives, supers, frames, veils, gloves, or any other equipment used in the handling and manipulation of bees, honey, wax, and hives; (4) "Appliances" means any apparatus, tools, machines, or other devices used in the handling and manipulation of bees, honey, wax, and hives. The term includes containers of honey and wax which may be used in an apiary or in transporting bees and their products and apiary supplies; (5) "Bee disease" means American and European foulbrood, sacbrood, bee paralysis, or any other disease or abnormal condition of the egg, larval, pupal, or adult stages of bees; (6) "Bees" means any stage of the common honeybee, Apis mellifera; (7) "Colony" means the bees in any hive including queens, workers, and drones; (8) "Director" means the Director of the State Plant Board; (9) "Hive" means a frame hive, box hive, box, barrel, logs, gum skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees; (10) "Nucleus" means any division or portion of a hive that contains comb; (11) "Package" means an indefinite number of bees, in a bee-tight container, with or without a queen, without comb; (12) "Pollination" means the use of bees for the transfer of pollen in the production of agricultural crops; (13) "Section head" means the head of the Apiary Section of the Division of Plant Industries; and (14) "State Apiarist" means the Director of the Division of Plant Industries of the State Plant Board. Acts 1977, No. 161, § 2; A.S.A. 1947, § 78-1726.

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

(1) "Abandoned apiary" means an apiary to which the owner or operator fails to provide such reasonable and adequate attention to each hive during the year as to jeopardize the welfare of neighboring colonies;

(2) "Apiary" means any place where one (1) or more colonies of bees are kept;

(3) "Apiary equipment" means hives, supers, frames, veils, gloves, or any other equipment used in the handling and manipulation of bees, honey, wax, and hives;

(4) "Appliances" means any apparatus, tools, machines, or other devices used in the handling and manipulation of bees, honey, wax, and hives. The term includes containers of honey and wax which may be used in an apiary or in transporting bees and their products and apiary supplies;

(5) "Bee disease" means American and European foulbrood, sacbrood, bee paralysis, or any other disease or abnormal condition of the egg, larval, pupal, or adult stages of bees;

(6) "Bees" means any stage of the common honeybee, Apis mellifera;

(7) "Colony" means the bees in any hive including queens, workers, and drones;

(8) "Director" means the Director of the State Plant Board;

(9) "Hive" means a frame hive, box hive, box, barrel, logs, gum skep, or any other receptacle or container, natural or artificial, or any part thereof, which may be used as a domicile for bees;

(10) "Nucleus" means any division or portion of a hive that contains comb;

(11) "Package" means an indefinite number of bees, in a bee-tight container, with or without a queen, without comb;

(12) "Pollination" means the use of bees for the transfer of pollen in the production of agricultural crops;

(13) "Section head" means the head of the Apiary Section of the Division of Plant Industries; and

(14) "State Apiarist" means the Director of the Division of Plant Industries of the State Plant Board.

Acts 1977, No. 161, § 2; A.S.A. 1947, § 78-1726.
Ark. Code Ann. § 2-20-103 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-103
Penalty
Status: in_force

Any person who shall violate any provision of this subchapter shall be guilty of a Class B misdemeanor. Acts 1925, No. 218, § 16; Pope's Dig., § 12398; A.S.A. 1947, § 77-515; Acts 2005, No. 1994, § 233.

Any person who shall violate any provision of this subchapter shall be guilty of a Class B misdemeanor.

Acts 1925, No. 218, § 16; Pope's Dig., § 12398; A.S.A. 1947, § 77-515; Acts 2005, No. 1994, § 233.
Ark. Code Ann. § 2-17-229 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-229
Verification of signature
Status: in_force

(a) Each person to whom a nonnegotiable receipt is issued shall furnish the warehouseman with a statement in writing, indicating the person having power to authorize delivery of grain covered by the receipt, together with the bona fide signature of the person. (b) No licensed warehouseman shall honor an order for the release of grain covered by a nonnegotiable receipt until he or she has first ascertained that the person issuing the order has authority to order the release and that the signature of the releasing party is genuine. Acts 1979, No. 83, § 34; A.S.A. 1947, § 77-1334.

(a) Each person to whom a nonnegotiable receipt is issued shall furnish the warehouseman with a statement in writing, indicating the person having power to authorize delivery of grain covered by the receipt, together with the bona fide signature of the person.

(b) No licensed warehouseman shall honor an order for the release of grain covered by a nonnegotiable receipt until he or she has first ascertained that the person issuing the order has authority to order the release and that the signature of the releasing party is genuine.

Acts 1979, No. 83, § 34; A.S.A. 1947, § 77-1334.
Ark. Code Ann. § 2-40-906 — AR Code / Title 2 / Chapter 40 / Subchapter 9 / Section 2-40-906
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 73, eff. 8/1/2017. Acts 1951, No. 396, §§ 2, 3; A.S.A. 1947, §§ 78-420, 78-421.

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

Acts 1951, No. 396, §§ 2, 3; A.S.A. 1947, §§ 78-420, 78-421.
Ark. Code Ann. § 2-2-309 — AR Code / Title 2 / Chapter 2 / Subchapter 3 / Section 2-2-309
Continuance of association existence for title transfers
Status: in_force

(a) (1) The existence of each constituent association which has been dissolved through merger or consolidation shall be continued indefinitely without franchise tax liability for the limited purpose of enabling the constituent association to execute through its own officers formal deeds, conveyances, assignments, and other instruments evidencing the transfer from the constituent to the surviving association or new association created by consolidation of any or all properties, real and personal, which have passed from the constituent to the surviving or consolidated association by operation of law. (2) The execution of any instruments shall not be essential to effect the transfer of title from the constituent to the surviving or consolidated association, inasmuch as the transfer will take effect through operation of law, but the power to execute the instruments is given to the end that it may be exercised: (A) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and (B) In any other situation where the directors of the surviving or consolidated association consider the execution of the instruments desirable. (b) (1) This state will recognize and give effect to a transfer of personal property having a situs in this state which is effected by operation of the laws of another state through a merger or consolidation at any time conducted under the laws of the other state. (2) (A) This state will recognize and give effect to a transfer of title to real estate located in this state effected by operation of law through a merger or consolidation conducted under laws of one (1) or more other states. This transfer shall be done on condition that a copy of the agreement of merger or consolidation, executed between the merging or consolidating associations and certified by the secretary of state of the state in which the surviving or consolidated association is domiciled, shall be filed for record with the Secretary of State of this state. (B) The Secretary of State of this state shall receive the filing whether the surviving or consolidated association does or does not desire to be admitted to this state. Acts 1981, No. 121, § 8; A.S.A. 1947, § 77-1034.

(a) (1) The existence of each constituent association which has been dissolved through merger or consolidation shall be continued indefinitely without franchise tax liability for the limited purpose of enabling the constituent association to execute through its own officers formal deeds, conveyances, assignments, and other instruments evidencing the transfer from the constituent to the surviving association or new association created by consolidation of any or all properties, real and personal, which have passed from the constituent to the surviving or consolidated association by operation of law. (2) The execution of any instruments shall not be essential to effect the transfer of title from the constituent to the surviving or consolidated association, inasmuch as the transfer will take effect through operation of law, but the power to execute the instruments is given to the end that it may be exercised: (A) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and (B) In any other situation where the directors of the surviving or consolidated association consider the execution of the instruments desirable.

(1) The existence of each constituent association which has been dissolved through merger or consolidation shall be continued indefinitely without franchise tax liability for the limited purpose of enabling the constituent association to execute through its own officers formal deeds, conveyances, assignments, and other instruments evidencing the transfer from the constituent to the surviving association or new association created by consolidation of any or all properties, real and personal, which have passed from the constituent to the surviving or consolidated association by operation of law.

(2) The execution of any instruments shall not be essential to effect the transfer of title from the constituent to the surviving or consolidated association, inasmuch as the transfer will take effect through operation of law, but the power to execute the instruments is given to the end that it may be exercised: (A) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and (B) In any other situation where the directors of the surviving or consolidated association consider the execution of the instruments desirable.

(A) In respect to properties located in foreign jurisdictions which may not recognize a transmittal of title by operation of law under the merger and consolidation statutes of this state; and

(B) In any other situation where the directors of the surviving or consolidated association consider the execution of the instruments desirable.

(b) (1) This state will recognize and give effect to a transfer of personal property having a situs in this state which is effected by operation of the laws of another state through a merger or consolidation at any time conducted under the laws of the other state. (2) (A) This state will recognize and give effect to a transfer of title to real estate located in this state effected by operation of law through a merger or consolidation conducted under laws of one (1) or more other states. This transfer shall be done on condition that a copy of the agreement of merger or consolidation, executed between the merging or consolidating associations and certified by the secretary of state of the state in which the surviving or consolidated association is domiciled, shall be filed for record with the Secretary of State of this state. (B) The Secretary of State of this state shall receive the filing whether the surviving or consolidated association does or does not desire to be admitted to this state.

(1) This state will recognize and give effect to a transfer of personal property having a situs in this state which is effected by operation of the laws of another state through a merger or consolidation at any time conducted under the laws of the other state.

(2) (A) This state will recognize and give effect to a transfer of title to real estate located in this state effected by operation of law through a merger or consolidation conducted under laws of one (1) or more other states. This transfer shall be done on condition that a copy of the agreement of merger or consolidation, executed between the merging or consolidating associations and certified by the secretary of state of the state in which the surviving or consolidated association is domiciled, shall be filed for record with the Secretary of State of this state. (B) The Secretary of State of this state shall receive the filing whether the surviving or consolidated association does or does not desire to be admitted to this state.

(A) This state will recognize and give effect to a transfer of title to real estate located in this state effected by operation of law through a merger or consolidation conducted under laws of one (1) or more other states. This transfer shall be done on condition that a copy of the agreement of merger or consolidation, executed between the merging or consolidating associations and certified by the secretary of state of the state in which the surviving or consolidated association is domiciled, shall be filed for record with the Secretary of State of this state.

(B) The Secretary of State of this state shall receive the filing whether the surviving or consolidated association does or does not desire to be admitted to this state.

Acts 1981, No. 121, § 8; A.S.A. 1947, § 77-1034.
Ark. Code Ann. § 2-16-902 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-902
Cooperation with insurance fund
Status: in_force

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact. Acts 2009, No. 401, § 1.

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-40-812 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-812
Quarantines
Status: in_force

(a) (1) All reactors shall be quarantined by an authorized agent of the commission to the premises of origin or other premises designated by the owner and approved by the Arkansas Livestock and Poultry Commission. (2) The quarantine shall restrict the reactors, all other equidae on the premises, and all equidae epidemiologically determined by the commission to have been exposed to a reactor. (3) All equidae on affected premises shall be isolated at least four hundred forty yards (440 yds.) away from all equidae on adjacent premises and at least four hundred forty yards (440 yds.) from any public road. (4) It is the responsibility of the owner of reactors to maintain those animals in isolation at least four hundred forty yards (440 yds.) away from any public road and all other equidae. (5) The quarantine may be released by an authorized agent of the commission after all quarantined equidae in the affected herd test negative to an official equine infectious anemia test not less than sixty (60) days nor more than eighty (80) days following the identification and removal of the last reactor, or as determined by the designated epidemiologist. (b) No equidae held under quarantine may be moved or released until a written permit or quarantine release, signed by an authorized agent, has been executed. (c) All adjacent herds, neighboring herds, and other exposed equine, so deemed by epidemiological investigation, will be quarantined by written report by an authorized agent. (d) A deviation in testing requirements for a quarantine is acceptable when made by the designated epidemiologist. Acts 1997, No. 1306, § 10.

(a) (1) All reactors shall be quarantined by an authorized agent of the commission to the premises of origin or other premises designated by the owner and approved by the Arkansas Livestock and Poultry Commission. (2) The quarantine shall restrict the reactors, all other equidae on the premises, and all equidae epidemiologically determined by the commission to have been exposed to a reactor. (3) All equidae on affected premises shall be isolated at least four hundred forty yards (440 yds.) away from all equidae on adjacent premises and at least four hundred forty yards (440 yds.) from any public road. (4) It is the responsibility of the owner of reactors to maintain those animals in isolation at least four hundred forty yards (440 yds.) away from any public road and all other equidae. (5) The quarantine may be released by an authorized agent of the commission after all quarantined equidae in the affected herd test negative to an official equine infectious anemia test not less than sixty (60) days nor more than eighty (80) days following the identification and removal of the last reactor, or as determined by the designated epidemiologist.

(1) All reactors shall be quarantined by an authorized agent of the commission to the premises of origin or other premises designated by the owner and approved by the Arkansas Livestock and Poultry Commission.

(2) The quarantine shall restrict the reactors, all other equidae on the premises, and all equidae epidemiologically determined by the commission to have been exposed to a reactor.

(3) All equidae on affected premises shall be isolated at least four hundred forty yards (440 yds.) away from all equidae on adjacent premises and at least four hundred forty yards (440 yds.) from any public road.

(4) It is the responsibility of the owner of reactors to maintain those animals in isolation at least four hundred forty yards (440 yds.) away from any public road and all other equidae.

(5) The quarantine may be released by an authorized agent of the commission after all quarantined equidae in the affected herd test negative to an official equine infectious anemia test not less than sixty (60) days nor more than eighty (80) days following the identification and removal of the last reactor, or as determined by the designated epidemiologist.

(b) No equidae held under quarantine may be moved or released until a written permit or quarantine release, signed by an authorized agent, has been executed.

(c) All adjacent herds, neighboring herds, and other exposed equine, so deemed by epidemiological investigation, will be quarantined by written report by an authorized agent.

(d) A deviation in testing requirements for a quarantine is acceptable when made by the designated epidemiologist.

Acts 1997, No. 1306, § 10.
Ark. Code Ann. § 2-40-601 — AR Code / Title 2 / Chapter 40 / Subchapter 6 / Section 2-40-601
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 64, eff. 8/1/2017. Acts 1957, No. 33, § 1; A.S.A. 1947, § 78-433.

Repealed by Act 2017, No. 1011,§ 64, eff. 8/1/2017.

Acts 1957, No. 33, § 1; A.S.A. 1947, § 78-433.
Ark. Code Ann. § 2-40-703 — AR Code / Title 2 / Chapter 40 / Subchapter 7 / Section 2-40-703
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 65, eff. 8/1/2017. Acts 1963, No. 248, § 7; A.S.A. 1947, § 78-447.

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

Acts 1963, No. 248, § 7; A.S.A. 1947, § 78-447.
Ark. Code Ann. § 2-40-820 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-820
Movement of equidae through approved market
Status: in_force

(a) All equidae offered for sale or sold at approved markets must: (1) Be accompanied by written proof of a negative equine infectious anemia test conducted within the last six (6) months; (2) Have a blood sample collected by an accredited veterinarian and test negative to an official equine infectious anemia test performed by an approved laboratory before the animal leaves the market; (3) Have a blood sample collected by an accredited veterinarian or an authorized agent of the Arkansas Livestock and Poultry Commission at the market and be quarantined to the market until negative results are received from an approved laboratory; (4) Be "S" branded and consigned to slaughter before receiving test results; or (5) Be allowed to return to their premises of origin before unloading and before consignment and be quarantined to the premises of origin until tested negative. The equidae must be tested within thirty (30) days. (b) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (1) The original test record document; (2) An official electronic copy, as defined by the commission; and (3) Other forms as may be prescribed by the commission. (c) A foal less than six (6) months of age sold with and nursing a negative-tested mare is exempt from the testing requirements of this subchapter. (d) (1) A known reactor or known exposed equidae shall not be consigned for sale at an approved market unless permitted by authorized commission personnel. (2) An animal which is found to be a reactor or exposed through testing conducted at an approved market must be maintained in a quarantine pen and isolated from all other equidae in the sale facility. (3) (A) The quarantine pen must be clearly identified by sign or paint using the word "Quarantined" on all sides. (B) Letters must be one foot (1') high. (e) It is the market owner's responsibility to make sure that all equines sold meet these requirements. Amended by Act 2017, No. 1011,§ 70, eff. 8/1/2017. Amended by Act 2017, No. 716,§ 3, eff. 8/1/2017. Acts 1997, No. 1306, § 18.

(a) All equidae offered for sale or sold at approved markets must: (1) Be accompanied by written proof of a negative equine infectious anemia test conducted within the last six (6) months; (2) Have a blood sample collected by an accredited veterinarian and test negative to an official equine infectious anemia test performed by an approved laboratory before the animal leaves the market; (3) Have a blood sample collected by an accredited veterinarian or an authorized agent of the Arkansas Livestock and Poultry Commission at the market and be quarantined to the market until negative results are received from an approved laboratory; (4) Be "S" branded and consigned to slaughter before receiving test results; or (5) Be allowed to return to their premises of origin before unloading and before consignment and be quarantined to the premises of origin until tested negative. The equidae must be tested within thirty (30) days.

(1) Be accompanied by written proof of a negative equine infectious anemia test conducted within the last six (6) months;

(2) Have a blood sample collected by an accredited veterinarian and test negative to an official equine infectious anemia test performed by an approved laboratory before the animal leaves the market;

(3) Have a blood sample collected by an accredited veterinarian or an authorized agent of the Arkansas Livestock and Poultry Commission at the market and be quarantined to the market until negative results are received from an approved laboratory;

(4) Be "S" branded and consigned to slaughter before receiving test results; or

(5) Be allowed to return to their premises of origin before unloading and before consignment and be quarantined to the premises of origin until tested negative. The equidae must be tested within thirty (30) days.

(b) Proof of a negative equine infectious anemia test may be demonstrated through presentation of: (1) The original test record document; (2) An official electronic copy, as defined by the commission; and (3) Other forms as may be prescribed by the commission.

(1) The original test record document;

(2) An official electronic copy, as defined by the commission; and

(3) Other forms as may be prescribed by the commission.

(c) A foal less than six (6) months of age sold with and nursing a negative-tested mare is exempt from the testing requirements of this subchapter.

(d) (1) A known reactor or known exposed equidae shall not be consigned for sale at an approved market unless permitted by authorized commission personnel. (2) An animal which is found to be a reactor or exposed through testing conducted at an approved market must be maintained in a quarantine pen and isolated from all other equidae in the sale facility. (3) (A) The quarantine pen must be clearly identified by sign or paint using the word "Quarantined" on all sides. (B) Letters must be one foot (1') high.

(1) A known reactor or known exposed equidae shall not be consigned for sale at an approved market unless permitted by authorized commission personnel.

(2) An animal which is found to be a reactor or exposed through testing conducted at an approved market must be maintained in a quarantine pen and isolated from all other equidae in the sale facility.

(3) (A) The quarantine pen must be clearly identified by sign or paint using the word "Quarantined" on all sides. (B) Letters must be one foot (1') high.

(A) The quarantine pen must be clearly identified by sign or paint using the word "Quarantined" on all sides.

(B) Letters must be one foot (1') high.

(e) It is the market owner's responsibility to make sure that all equines sold meet these requirements.

Amended by Act 2017, No. 1011,§ 70, eff. 8/1/2017.

Amended by Act 2017, No. 716,§ 3, eff. 8/1/2017.

Acts 1997, No. 1306, § 18.
Ark. Code Ann. § 2-7-203 — AR Code / Title 2 / Chapter 7 / Subchapter 2 / Section 2-7-203
Forms
Status: in_force

The Arkansas Farm Mediation Office shall prepare all forms necessary for the administration of this chapter and shall ensure that forms are disseminated and that the availability of mediation under this chapter is publicized so that creditors and borrowers of agricultural loans receive adequate notification of the Arkansas Farm Mediation Program. Acts 1989, No. 829, § 3.

The Arkansas Farm Mediation Office shall prepare all forms necessary for the administration of this chapter and shall ensure that forms are disseminated and that the availability of mediation under this chapter is publicized so that creditors and borrowers of agricultural loans receive adequate notification of the Arkansas Farm Mediation Program.

Acts 1989, No. 829, § 3.
Ark. Code Ann. § 2-16-214 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-214
Review of rules, etc
Status: in_force

Any person affected by any rules made or notice given, under this subchapter, may have a review thereof by the State Plant Board for the purposes of having the rules or notice modified, suspended, or withdrawn, and, pending the review, the rules or notice shall be suspended. Acts 1917, No. 414, § 14; C. & M. Dig., § 8037; Pope's Dig., § 12345; A.S.A. 1947, § 77-113.

Any person affected by any rules made or notice given, under this subchapter, may have a review thereof by the State Plant Board for the purposes of having the rules or notice modified, suspended, or withdrawn, and, pending the review, the rules or notice shall be suspended.

Acts 1917, No. 414, § 14; C. & M. Dig., § 8037; Pope's Dig., § 12345; A.S.A. 1947, § 77-113.
Ark. Code Ann. § 2-17-303 — AR Code / Title 2 / Chapter 17 / Subchapter 3 / Section 2-17-303
Title to grain
Status: in_force

(a) Ownership of grain shall not change by reason of an owner's delivering grain to a public grain warehouseman. No public grain warehouseman shall sell or encumber any grain in his or her possession unless the owner of the grain has by written document transferred title of the grain to the warehouseman. (b) Notwithstanding any provision of the Uniform Commercial Code, as amended, § 4-1-101 et seq., to the contrary or any other law to the contrary, all sales and encumbrances of grain by public grain warehousemen are void and convey no title unless the sales and encumbrances are supported by written documents executed by the owners specifically conveying title to the grain to the public warehousemen. Acts 1981, No. 401, § 2; A.S.A. 1947, § 77-1340.

(a) Ownership of grain shall not change by reason of an owner's delivering grain to a public grain warehouseman. No public grain warehouseman shall sell or encumber any grain in his or her possession unless the owner of the grain has by written document transferred title of the grain to the warehouseman.

(b) Notwithstanding any provision of the Uniform Commercial Code, as amended, § 4-1-101 et seq., to the contrary or any other law to the contrary, all sales and encumbrances of grain by public grain warehousemen are void and convey no title unless the sales and encumbrances are supported by written documents executed by the owners specifically conveying title to the grain to the public warehousemen.

Acts 1981, No. 401, § 2; A.S.A. 1947, § 77-1340.
Ark. Code Ann. § 2-15-205 — AR Code / Title 2 / Chapter 15 / Subchapter 2 / Section 2-15-205
Scientific Review Committee
Status: in_force

(a) The State Plant Board may appoint a Scientific Review Committee. (b) The committee shall review and make recommendations to the board concerning all matters contained in this subchapter, including: (1) Identifying rice that has characteristics of commercial impact; (2) Reviewing rice identified as having characteristics of commercial impact upon receipt of a petition from the purveyor of the rice; (3) Recommending rules establishing terms and conditions for planting, producing, harvesting, selling, transporting, processing, storing, or otherwise handling rice identified under subdivision (b)(1) of this section; and (4) Reviewing the efficacy of terms, conditions, and identity preservation programs imposed on the planting, producing, harvesting, transporting, drying, storing, or other handling of rice identified under subdivision (b)(1) of this section, using the most current industry standards and generally accepted scientific principles. Acts 2005, No. 1238, § 1.

(a) The State Plant Board may appoint a Scientific Review Committee.

(b) The committee shall review and make recommendations to the board concerning all matters contained in this subchapter, including: (1) Identifying rice that has characteristics of commercial impact; (2) Reviewing rice identified as having characteristics of commercial impact upon receipt of a petition from the purveyor of the rice; (3) Recommending rules establishing terms and conditions for planting, producing, harvesting, selling, transporting, processing, storing, or otherwise handling rice identified under subdivision (b)(1) of this section; and (4) Reviewing the efficacy of terms, conditions, and identity preservation programs imposed on the planting, producing, harvesting, transporting, drying, storing, or other handling of rice identified under subdivision (b)(1) of this section, using the most current industry standards and generally accepted scientific principles.

(1) Identifying rice that has characteristics of commercial impact;

(2) Reviewing rice identified as having characteristics of commercial impact upon receipt of a petition from the purveyor of the rice;

(3) Recommending rules establishing terms and conditions for planting, producing, harvesting, selling, transporting, processing, storing, or otherwise handling rice identified under subdivision (b)(1) of this section; and

(4) Reviewing the efficacy of terms, conditions, and identity preservation programs imposed on the planting, producing, harvesting, transporting, drying, storing, or other handling of rice identified under subdivision (b)(1) of this section, using the most current industry standards and generally accepted scientific principles.

Acts 2005, No. 1238, § 1.
Ark. Code Ann. § 2-7-306 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-306
When provisions not applicable
Status: in_force

Sections 2-7-302 - 2-7-305 shall not apply: (1) Where the debt to be collected was listed as a scheduled debt by the farmer in a petition in bankruptcy or for which a proof of claim form has been filed by a creditor under United States Code, Title 11, Chapters 7, 11, 12, or 13; and (A) The debt was discharged; (B) The creditor was granted relief from the automatic stay; (C) Provision for repayment, restructuring, or other treatment of the debt was made in a confirmed plan; (D) In the year preceding the date of commencement of the collection action, the automatic stay provided for under 11 U.S.C. § 362 was in effect with regard to the debt for more than ninety (90) days; or (2) When the Arkansas Farm Mediation Office has not adopted and promulgated bylaws, rules, or program guidelines necessary to implement this chapter or has not hired qualified mediators for the mediation region in which the agricultural property involved is located. Acts 1989, No. 829, § 4.

Sections 2-7-302 - 2-7-305 shall not apply:

(1) Where the debt to be collected was listed as a scheduled debt by the farmer in a petition in bankruptcy or for which a proof of claim form has been filed by a creditor under United States Code, Title 11, Chapters 7, 11, 12, or 13; and (A) The debt was discharged; (B) The creditor was granted relief from the automatic stay; (C) Provision for repayment, restructuring, or other treatment of the debt was made in a confirmed plan; (D) In the year preceding the date of commencement of the collection action, the automatic stay provided for under 11 U.S.C. § 362 was in effect with regard to the debt for more than ninety (90) days; or

(A) The debt was discharged;

(B) The creditor was granted relief from the automatic stay;

(C) Provision for repayment, restructuring, or other treatment of the debt was made in a confirmed plan;

(D) In the year preceding the date of commencement of the collection action, the automatic stay provided for under 11 U.S.C. § 362 was in effect with regard to the debt for more than ninety (90) days; or

(2) When the Arkansas Farm Mediation Office has not adopted and promulgated bylaws, rules, or program guidelines necessary to implement this chapter or has not hired qualified mediators for the mediation region in which the agricultural property involved is located.

Acts 1989, No. 829, § 4.
Ark. Code Ann. § 2-7-304 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-304
Requests for mediation
Status: in_force

All requests for mediation by a farmer under § 2-7-301 shall be served on the Director of the Arkansas Farm Mediation Program within fourteen (14) days after the mediation notice was served on the farmer by the creditor. Every request for mediation shall be in a form and contain the information required by the director. Acts 1989, No. 829, § 4.

All requests for mediation by a farmer under § 2-7-301 shall be served on the Director of the Arkansas Farm Mediation Program within fourteen (14) days after the mediation notice was served on the farmer by the creditor. Every request for mediation shall be in a form and contain the information required by the director.

Acts 1989, No. 829, § 4.