Ark. Code Ann. § 2-40-813 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-813
Quarantining reactors
Status: in_force

(a) (1) (A) With the exception of the equine stabled at a racetrack regulated by the Arkansas Racing Commission, all reactors shall be quarantined to the owner's premises or an approved quarantine holding facility and shall be destroyed or sold for immediate slaughter or permitted to a research facility within twenty (20) days after the date of the last official positive equine infectious anemia test. (B) If the equidae is destroyed or dies of natural causes within the twenty-day period, verification of the destruction or death by written and signed statement from an accredited veterinarian or an authorized agent of the commission must be furnished to the office of the State Veterinarian. (C) If sold for slaughter, the equidae may be moved from the owner's premises to an approved market or to an approved slaughter facility, provided that the equidae are accompanied by a permit for movement. (2) The owner or trainer of reactors stabled at a racetrack regulated by the commission shall be notified immediately by the testing veterinarian, racetrack officials, or by commission personnel and the reactors shall be removed from the racetrack premises immediately. (b) (1) (A) Upon request by the owner, any female reactor that is at least two hundred seventy (270) days pregnant or has a nursing foal less than four (4) months of age, as verified by an accredited veterinarian or an agent of the commission, at her side may be quarantined to the owner's premises and shall be kept at least four hundred forty yards (440 yds.) away from any other equidae. (B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two inches (2") in height on the left shoulder or left side of the neck. (C) The female reactor may remain in quarantine until her foal dies or reaches an age of four (4) months, at which time the reactor shall either be destroyed, shipped by permit to an approved quarantined holding facility, or sold for immediate slaughter within twenty (20) days. (D) If the equidae is destroyed or dies from natural causes, verification of destruction by a written and signed statement must be furnished to the office of the State Veterinarian by an accredited veterinarian or an agent of the commission. (E) If sold for slaughter, the reactor may be moved from the owner's premises to an approved market or to an approved slaughter facility provided that the reactor is accompanied by a permit for movement. (2) Any foal kept in quarantine with its equine infectious anemia positive dam shall be officially tested for equine infectious anemia at the owner's expense not less than sixty (60) days nor more than eighty (80) days after it is weaned. Foals nursing positive mares must be weaned at four (4) months of age. (3) (A) Any equidae which tested positive to the official equine infectious anemia test before August 1, 1997, shall be quarantined to the owner's premises and kept at least four hundred forty yards (440 yds.) away from any other equidae or public road. (B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two (2) inches in height on the left shoulder or left side of neck. (C) If the reactor is sold, it must be sold for slaughter and a VS Form 1-27 or permit must be issued by commission personnel to move the reactor from the owner's premises to slaughter. (D) Ownership of reactors may not be changed except for slaughter. (E) If the reactor is destroyed or dies, verification of destruction or death by written and signed statement must be furnished to the office of the State Veterinarian, certified by an accredited veterinarian, or an agent of the commission. (4) Any reactor found in violation of quarantine shall be ordered sold for slaughter or destroyed within twenty (20) days, and the owner or caretaker will be subject to prosecution for noncompliance. Acts 1997, No. 1306, § 11.

(a) (1) (A) With the exception of the equine stabled at a racetrack regulated by the Arkansas Racing Commission, all reactors shall be quarantined to the owner's premises or an approved quarantine holding facility and shall be destroyed or sold for immediate slaughter or permitted to a research facility within twenty (20) days after the date of the last official positive equine infectious anemia test. (B) If the equidae is destroyed or dies of natural causes within the twenty-day period, verification of the destruction or death by written and signed statement from an accredited veterinarian or an authorized agent of the commission must be furnished to the office of the State Veterinarian. (C) If sold for slaughter, the equidae may be moved from the owner's premises to an approved market or to an approved slaughter facility, provided that the equidae are accompanied by a permit for movement. (2) The owner or trainer of reactors stabled at a racetrack regulated by the commission shall be notified immediately by the testing veterinarian, racetrack officials, or by commission personnel and the reactors shall be removed from the racetrack premises immediately.

(1) (A) With the exception of the equine stabled at a racetrack regulated by the Arkansas Racing Commission, all reactors shall be quarantined to the owner's premises or an approved quarantine holding facility and shall be destroyed or sold for immediate slaughter or permitted to a research facility within twenty (20) days after the date of the last official positive equine infectious anemia test. (B) If the equidae is destroyed or dies of natural causes within the twenty-day period, verification of the destruction or death by written and signed statement from an accredited veterinarian or an authorized agent of the commission must be furnished to the office of the State Veterinarian. (C) If sold for slaughter, the equidae may be moved from the owner's premises to an approved market or to an approved slaughter facility, provided that the equidae are accompanied by a permit for movement.

(A) With the exception of the equine stabled at a racetrack regulated by the Arkansas Racing Commission, all reactors shall be quarantined to the owner's premises or an approved quarantine holding facility and shall be destroyed or sold for immediate slaughter or permitted to a research facility within twenty (20) days after the date of the last official positive equine infectious anemia test.

(B) If the equidae is destroyed or dies of natural causes within the twenty-day period, verification of the destruction or death by written and signed statement from an accredited veterinarian or an authorized agent of the commission must be furnished to the office of the State Veterinarian.

(C) If sold for slaughter, the equidae may be moved from the owner's premises to an approved market or to an approved slaughter facility, provided that the equidae are accompanied by a permit for movement.

(2) The owner or trainer of reactors stabled at a racetrack regulated by the commission shall be notified immediately by the testing veterinarian, racetrack officials, or by commission personnel and the reactors shall be removed from the racetrack premises immediately.

(b) (1) (A) Upon request by the owner, any female reactor that is at least two hundred seventy (270) days pregnant or has a nursing foal less than four (4) months of age, as verified by an accredited veterinarian or an agent of the commission, at her side may be quarantined to the owner's premises and shall be kept at least four hundred forty yards (440 yds.) away from any other equidae. (B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two inches (2") in height on the left shoulder or left side of the neck. (C) The female reactor may remain in quarantine until her foal dies or reaches an age of four (4) months, at which time the reactor shall either be destroyed, shipped by permit to an approved quarantined holding facility, or sold for immediate slaughter within twenty (20) days. (D) If the equidae is destroyed or dies from natural causes, verification of destruction by a written and signed statement must be furnished to the office of the State Veterinarian by an accredited veterinarian or an agent of the commission. (E) If sold for slaughter, the reactor may be moved from the owner's premises to an approved market or to an approved slaughter facility provided that the reactor is accompanied by a permit for movement. (2) Any foal kept in quarantine with its equine infectious anemia positive dam shall be officially tested for equine infectious anemia at the owner's expense not less than sixty (60) days nor more than eighty (80) days after it is weaned. Foals nursing positive mares must be weaned at four (4) months of age. (3) (A) Any equidae which tested positive to the official equine infectious anemia test before August 1, 1997, shall be quarantined to the owner's premises and kept at least four hundred forty yards (440 yds.) away from any other equidae or public road. (B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two (2) inches in height on the left shoulder or left side of neck. (C) If the reactor is sold, it must be sold for slaughter and a VS Form 1-27 or permit must be issued by commission personnel to move the reactor from the owner's premises to slaughter. (D) Ownership of reactors may not be changed except for slaughter. (E) If the reactor is destroyed or dies, verification of destruction or death by written and signed statement must be furnished to the office of the State Veterinarian, certified by an accredited veterinarian, or an agent of the commission. (4) Any reactor found in violation of quarantine shall be ordered sold for slaughter or destroyed within twenty (20) days, and the owner or caretaker will be subject to prosecution for noncompliance.

(1) (A) Upon request by the owner, any female reactor that is at least two hundred seventy (270) days pregnant or has a nursing foal less than four (4) months of age, as verified by an accredited veterinarian or an agent of the commission, at her side may be quarantined to the owner's premises and shall be kept at least four hundred forty yards (440 yds.) away from any other equidae. (B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two inches (2") in height on the left shoulder or left side of the neck. (C) The female reactor may remain in quarantine until her foal dies or reaches an age of four (4) months, at which time the reactor shall either be destroyed, shipped by permit to an approved quarantined holding facility, or sold for immediate slaughter within twenty (20) days. (D) If the equidae is destroyed or dies from natural causes, verification of destruction by a written and signed statement must be furnished to the office of the State Veterinarian by an accredited veterinarian or an agent of the commission. (E) If sold for slaughter, the reactor may be moved from the owner's premises to an approved market or to an approved slaughter facility provided that the reactor is accompanied by a permit for movement.

(A) Upon request by the owner, any female reactor that is at least two hundred seventy (270) days pregnant or has a nursing foal less than four (4) months of age, as verified by an accredited veterinarian or an agent of the commission, at her side may be quarantined to the owner's premises and shall be kept at least four hundred forty yards (440 yds.) away from any other equidae.

(B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two inches (2") in height on the left shoulder or left side of the neck.

(C) The female reactor may remain in quarantine until her foal dies or reaches an age of four (4) months, at which time the reactor shall either be destroyed, shipped by permit to an approved quarantined holding facility, or sold for immediate slaughter within twenty (20) days.

(D) If the equidae is destroyed or dies from natural causes, verification of destruction by a written and signed statement must be furnished to the office of the State Veterinarian by an accredited veterinarian or an agent of the commission.

(E) If sold for slaughter, the reactor may be moved from the owner's premises to an approved market or to an approved slaughter facility provided that the reactor is accompanied by a permit for movement.

(2) Any foal kept in quarantine with its equine infectious anemia positive dam shall be officially tested for equine infectious anemia at the owner's expense not less than sixty (60) days nor more than eighty (80) days after it is weaned. Foals nursing positive mares must be weaned at four (4) months of age.

(3) (A) Any equidae which tested positive to the official equine infectious anemia test before August 1, 1997, shall be quarantined to the owner's premises and kept at least four hundred forty yards (440 yds.) away from any other equidae or public road. (B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two (2) inches in height on the left shoulder or left side of neck. (C) If the reactor is sold, it must be sold for slaughter and a VS Form 1-27 or permit must be issued by commission personnel to move the reactor from the owner's premises to slaughter. (D) Ownership of reactors may not be changed except for slaughter. (E) If the reactor is destroyed or dies, verification of destruction or death by written and signed statement must be furnished to the office of the State Veterinarian, certified by an accredited veterinarian, or an agent of the commission.

(A) Any equidae which tested positive to the official equine infectious anemia test before August 1, 1997, shall be quarantined to the owner's premises and kept at least four hundred forty yards (440 yds.) away from any other equidae or public road.

(B) The reactor shall be identified with a "71A" brand, or other brand prescribed by the commission, at least two (2) inches in height on the left shoulder or left side of neck.

(C) If the reactor is sold, it must be sold for slaughter and a VS Form 1-27 or permit must be issued by commission personnel to move the reactor from the owner's premises to slaughter.

(D) Ownership of reactors may not be changed except for slaughter.

(E) If the reactor is destroyed or dies, verification of destruction or death by written and signed statement must be furnished to the office of the State Veterinarian, certified by an accredited veterinarian, or an agent of the commission.

(4) Any reactor found in violation of quarantine shall be ordered sold for slaughter or destroyed within twenty (20) days, and the owner or caretaker will be subject to prosecution for noncompliance.

Acts 1997, No. 1306, § 11.
Ark. Code Ann. § 2-3-102 — AR Code / Title 2 / Chapter 3 / Section 2-3-102
[Suspended See Note] Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agricultural land" means any Arkansas land which is outside the corporate limits of a municipality and is used or capable, without substantial modification to the character of the land, of use for agricultural, forestry, or timber production, but does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land; (2) "Foreign government" means any government other than the federal government or any government of a state or a political subdivision of a state; (3) "Foreign party" means: (A) Any individual who is not a citizen of the United States and who is not a resident of some state, territory, or possession of the United States; (B) Any foreign government; (C) Any party, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business located outside the United States; (D) Any party other than an individual or a government: (i) Which is created or organized under the laws of any state; and (ii) In which a significant interest is directly or indirectly held or in which not insubstantial control is directly or indirectly held or is capable of being exercised by: (a) Any individual referred to in subdivision (3)(A) of this section; (b) Any foreign government; (c) Any party referred to in subdivision (3)(C) of this section; (d) Any combination of such individuals, parties, or government; and (E) Any agent, trustee, or other fiduciary of a person or entity enumerated in this subdivision (3); and (4) "Party" means any individual, corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or any other legal entity. Acts 1979, No. 1096, § 2; A.S.A. 1947, § 77-2202. 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 .

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

(1) "Agricultural land" means any Arkansas land which is outside the corporate limits of a municipality and is used or capable, without substantial modification to the character of the land, of use for agricultural, forestry, or timber production, but does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land;

(2) "Foreign government" means any government other than the federal government or any government of a state or a political subdivision of a state;

(3) "Foreign party" means: (A) Any individual who is not a citizen of the United States and who is not a resident of some state, territory, or possession of the United States; (B) Any foreign government; (C) Any party, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business located outside the United States; (D) Any party other than an individual or a government: (i) Which is created or organized under the laws of any state; and (ii) In which a significant interest is directly or indirectly held or in which not insubstantial control is directly or indirectly held or is capable of being exercised by: (a) Any individual referred to in subdivision (3)(A) of this section; (b) Any foreign government; (c) Any party referred to in subdivision (3)(C) of this section; (d) Any combination of such individuals, parties, or government; and (E) Any agent, trustee, or other fiduciary of a person or entity enumerated in this subdivision (3); and

(A) Any individual who is not a citizen of the United States and who is not a resident of some state, territory, or possession of the United States;

(B) Any foreign government;

(C) Any party, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business located outside the United States;

(D) Any party other than an individual or a government: (i) Which is created or organized under the laws of any state; and (ii) In which a significant interest is directly or indirectly held or in which not insubstantial control is directly or indirectly held or is capable of being exercised by: (a) Any individual referred to in subdivision (3)(A) of this section; (b) Any foreign government; (c) Any party referred to in subdivision (3)(C) of this section; (d) Any combination of such individuals, parties, or government; and

(i) Which is created or organized under the laws of any state; and

(ii) In which a significant interest is directly or indirectly held or in which not insubstantial control is directly or indirectly held or is capable of being exercised by: (a) Any individual referred to in subdivision (3)(A) of this section; (b) Any foreign government; (c) Any party referred to in subdivision (3)(C) of this section; (d) Any combination of such individuals, parties, or government; and

(a) Any individual referred to in subdivision (3)(A) of this section;

(b) Any foreign government;

(c) Any party referred to in subdivision (3)(C) of this section;

(d) Any combination of such individuals, parties, or government; and

(E) Any agent, trustee, or other fiduciary of a person or entity enumerated in this subdivision (3); and

(4) "Party" means any individual, corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or any other legal entity.

Acts 1979, No. 1096, § 2; A.S.A. 1947, § 77-2202.

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. § 2-16-103 — AR Code / Title 2 / Chapter 16 / Subchapter 1 / Section 2-16-103
Alligator weed agreements
Status: in_force

The State Plant Board is authorized to enter into agreements with the United States Army Corps of Engineers to hold and save the United States free from claims that may occur from control operations jointly carried on by the board and the United States Army Corps of Engineers, or carried on by the board under financial assistance from the United States Army Corps of Engineers for the control and eradication of alligator weed in Arkansas. Acts 1971, No. 79, § 1; A.S.A. 1947, § 77-139.

The State Plant Board is authorized to enter into agreements with the United States Army Corps of Engineers to hold and save the United States free from claims that may occur from control operations jointly carried on by the board and the United States Army Corps of Engineers, or carried on by the board under financial assistance from the United States Army Corps of Engineers for the control and eradication of alligator weed in Arkansas.

Acts 1971, No. 79, § 1; A.S.A. 1947, § 77-139.
Ark. Code Ann. § 2-2-120 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-120
Interest in similar entities
Status: in_force

An association organized or existing under this subchapter may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any corporation or association, with or without capital stock, engaged in any of the activities authorized under this subchapter, whether formed under this subchapter or any other law of this or any other state. Acts 1939, No. 153, § 19; A.S.A. 1947, § 77-1019.

An association organized or existing under this subchapter may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any corporation or association, with or without capital stock, engaged in any of the activities authorized under this subchapter, whether formed under this subchapter or any other law of this or any other state.

Acts 1939, No. 153, § 19; A.S.A. 1947, § 77-1019.
Ark. Code Ann. § 2-24-111 — AR Code / Title 2 / Chapter 24 / Section 2-24-111
Cease and desist
Status: in_force

The State Plant Board may order a dealer to cease and desist any activity that is in violation of this chapter. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

The State Plant Board may order a dealer to cease and desist any activity that is in violation of this chapter.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-36-304 — AR Code / Title 2 / Chapter 36 / Subchapter 3 / Section 2-36-304
[Repealed]
Status: repealed

Repealed by Act 2021, No. 700,§ 7, eff. 7/28/2021. Acts 1981, No. 770, § 19; A.S.A. 1947, § 78-1621.

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

Acts 1981, No. 770, § 19; A.S.A. 1947, § 78-1621.
Ark. Code Ann. § 2-2-401 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-401
Title
Status: in_force

This subchapter shall be referred to as the "Cooperative Marketing Act". Acts 1921, No. 116, § 2; Pope's Dig., § 2287; A.S.A. 1947, § 77-902.

This subchapter shall be referred to as the "Cooperative Marketing Act".

Acts 1921, No. 116, § 2; Pope's Dig., § 2287; A.S.A. 1947, § 77-902.
Ark. Code Ann. § 2-18-112 — AR Code / Title 2 / Chapter 18 / Section 2-18-112
Local legislation preemption - Definitions
Status: in_force

(a) As used in this section: (1) "Local legislation" means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of this state; and (2) "Political subdivision" means a local governmental entity, including without limitation a city, county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographical area smaller than that of the state. (b) A political subdivision shall not: (1) Regulate the registration, packaging, labeling, sale, storage, distribution, cultivation, any other use, or application of seeds; or (2) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, cultivation, any other use, or application of seeds. (c) Local legislation in violation of this section is void and unenforceable. (d) This section does not prohibit a city of the first class, a city of the second class, or an incorporated town from exercising the legitimate police powers of the city or town over building, planning, and zoning regulations under § 14-56-201 et seq., § 14-56-301 et seq., and § 14-56-401 et seq. Added by Act 2017, No. 156,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Local legislation" means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of this state; and (2) "Political subdivision" means a local governmental entity, including without limitation a city, county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographical area smaller than that of the state.

(1) "Local legislation" means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of this state; and

(2) "Political subdivision" means a local governmental entity, including without limitation a city, county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographical area smaller than that of the state.

(b) A political subdivision shall not: (1) Regulate the registration, packaging, labeling, sale, storage, distribution, cultivation, any other use, or application of seeds; or (2) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, cultivation, any other use, or application of seeds.

(1) Regulate the registration, packaging, labeling, sale, storage, distribution, cultivation, any other use, or application of seeds; or

(2) Adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, cultivation, any other use, or application of seeds.

(c) Local legislation in violation of this section is void and unenforceable.

(d) This section does not prohibit a city of the first class, a city of the second class, or an incorporated town from exercising the legitimate police powers of the city or town over building, planning, and zoning regulations under § 14-56-201 et seq., § 14-56-301 et seq., and § 14-56-401 et seq.

Added by Act 2017, No. 156,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-1-303 — AR Code / Title 2 / Chapter 1 / Subchapter 3 / Section 2-1-303
Applicability
Status: in_force

This subchapter applies only to a person that places a label on an agricultural product that is edible by humans. Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.

This subchapter applies only to a person that places a label on an agricultural product that is edible by humans.

Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-7-303 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-303
Notice - Form and content
Status: in_force

(a) Before commencing any proceeding prohibited by this section, § 2-7-302 , and §§ 2-7-304 - 2-7-306 without first obtaining a release, a creditor shall serve a notice on the farmer that the farmer may request mandatory mediation of the farm indebtedness. (1) The notice shall be in a form and contain the information as required by rule. (2) The Director of the Arkansas Farm Mediation Program shall make forms available in each county recorder's office. (b) The notice shall contain, at a minimum, the following information: (1) The name and address of the farmer; (2) The name, address, and telephone number of the creditor; (3) A description of the debt and the amount currently owed; (4) A description of the agricultural property securing the debt; (5) A description of the proceeding the creditor intends to commence or continue or the action the creditor intends to take; (6) A statement that the farmer has the right to request mandatory mediation which could result in restructuring the debt; (7) The address and telephone number of the director; (8) A statement that a request for mandatory mediation must be served on the director within fourteen (14) days after service of the notice on the farmer; and (9) The location of the office of the recorder of the county in which the farmer resides where an application form for requesting mandatory mediation may be obtained. (c) A creditor shall also serve a copy of such mediation notice on the director within five (5) days after the mediation notice has been served on the farmer by the creditor. Acts 1989, No. 829, § 4.

(a) Before commencing any proceeding prohibited by this section, § 2-7-302 , and §§ 2-7-304 - 2-7-306 without first obtaining a release, a creditor shall serve a notice on the farmer that the farmer may request mandatory mediation of the farm indebtedness. (1) The notice shall be in a form and contain the information as required by rule. (2) The Director of the Arkansas Farm Mediation Program shall make forms available in each county recorder's office.

(1) The notice shall be in a form and contain the information as required by rule.

(2) The Director of the Arkansas Farm Mediation Program shall make forms available in each county recorder's office.

(b) The notice shall contain, at a minimum, the following information: (1) The name and address of the farmer; (2) The name, address, and telephone number of the creditor; (3) A description of the debt and the amount currently owed; (4) A description of the agricultural property securing the debt; (5) A description of the proceeding the creditor intends to commence or continue or the action the creditor intends to take; (6) A statement that the farmer has the right to request mandatory mediation which could result in restructuring the debt; (7) The address and telephone number of the director; (8) A statement that a request for mandatory mediation must be served on the director within fourteen (14) days after service of the notice on the farmer; and (9) The location of the office of the recorder of the county in which the farmer resides where an application form for requesting mandatory mediation may be obtained.

(1) The name and address of the farmer;

(2) The name, address, and telephone number of the creditor;

(3) A description of the debt and the amount currently owed;

(4) A description of the agricultural property securing the debt;

(5) A description of the proceeding the creditor intends to commence or continue or the action the creditor intends to take;

(6) A statement that the farmer has the right to request mandatory mediation which could result in restructuring the debt;

(7) The address and telephone number of the director;

(8) A statement that a request for mandatory mediation must be served on the director within fourteen (14) days after service of the notice on the farmer; and

(9) The location of the office of the recorder of the county in which the farmer resides where an application form for requesting mandatory mediation may be obtained.

(c) A creditor shall also serve a copy of such mediation notice on the director within five (5) days after the mediation notice has been served on the farmer by the creditor.

Acts 1989, No. 829, § 4.
Ark. Code Ann. § 2-6-112 — AR Code / Title 2 / Chapter 6 / Section 2-6-112
Receivership - Notification to weigh ticket holders
Status: in_force

(a) The Secretary of the Department of Agriculture shall cause a copy of each of the documents served upon the Class A registrant under § 2-6-111 to be mailed by ordinary mail to every person holding a weigh ticket issued by the Class A registrant, as determined by the records of the Class A registrant or the records of the secretary. (b) The failure of any person referred to in this section to receive the required notification shall not invalidate the proceedings on the petition for the appointment of a receiver or any portion thereof. (c) Persons referred to in this section are not parties to the action unless admitted by the court upon application therefor. Amended by Act 2023, No. 588,§ 15, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

(a) The Secretary of the Department of Agriculture shall cause a copy of each of the documents served upon the Class A registrant under § 2-6-111 to be mailed by ordinary mail to every person holding a weigh ticket issued by the Class A registrant, as determined by the records of the Class A registrant or the records of the secretary.

(b) The failure of any person referred to in this section to receive the required notification shall not invalidate the proceedings on the petition for the appointment of a receiver or any portion thereof.

(c) Persons referred to in this section are not parties to the action unless admitted by the court upon application therefor.

Amended by Act 2023, No. 588,§ 15, eff. 8/1/2023.

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-17-209 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-209
Bond requirements
Status: in_force

(a) (1) (A) (i) Before any license is issued to any warehouseman, the warehouseman shall file with the Public Grain Warehouse Commissioner a surety bond executed by the public grain warehouseman as principal and by a corporate surety licensed to do business in this state as surety. (ii) The bond shall run to the State of Arkansas and be for the benefit of all depositors or storers of grain, their legal representatives, attorneys, or assigns. (B) (i) No bond shall be accepted for the purposes of this subchapter until it has been approved by the commissioner. (ii) The bond shall be conditioned upon the warehouseman delivering all stored grain or payment of the value thereof upon the surrender of the warehouse receipt. (iii) The commissioner may require the increases in the amount of the bond, from time to time, as he or she may deem necessary for the protection of the storage receipt holders. (2) (A) The aggregate liability of the surety to all depositors or storers of grain shall not exceed the sum of the bond. (B) The bond may be cancelled at any time by the surety by giving written notice to the commissioner of its intention to cancel the bond. All liability thereunder shall terminate thirty (30) days after the receipt of the notice by the commissioner, except that the notice shall not affect any claims arising under the bond, whether presented or not, before the effective date of the cancellation notice. (b) In lieu of the bond required in subsection (a) of this section, an applicant for a license may be a self-insurer by posting with the commissioner cash or any combination of securities, the market value of which is readily ascertainable and, if negotiable, by delivery or assignment, of the kinds described in § 23-63-806 , United States Government obligations, § 23-63-809 , municipal or county utilities, § 23-63-813 , international banks, and § 23-63-814 , corporate bonds and debentures. Acts 1979, No. 83, § 15; A.S.A. 1947, § 77-1315.

(a) (1) (A) (i) Before any license is issued to any warehouseman, the warehouseman shall file with the Public Grain Warehouse Commissioner a surety bond executed by the public grain warehouseman as principal and by a corporate surety licensed to do business in this state as surety. (ii) The bond shall run to the State of Arkansas and be for the benefit of all depositors or storers of grain, their legal representatives, attorneys, or assigns. (B) (i) No bond shall be accepted for the purposes of this subchapter until it has been approved by the commissioner. (ii) The bond shall be conditioned upon the warehouseman delivering all stored grain or payment of the value thereof upon the surrender of the warehouse receipt. (iii) The commissioner may require the increases in the amount of the bond, from time to time, as he or she may deem necessary for the protection of the storage receipt holders. (2) (A) The aggregate liability of the surety to all depositors or storers of grain shall not exceed the sum of the bond. (B) The bond may be cancelled at any time by the surety by giving written notice to the commissioner of its intention to cancel the bond. All liability thereunder shall terminate thirty (30) days after the receipt of the notice by the commissioner, except that the notice shall not affect any claims arising under the bond, whether presented or not, before the effective date of the cancellation notice.

(1) (A) (i) Before any license is issued to any warehouseman, the warehouseman shall file with the Public Grain Warehouse Commissioner a surety bond executed by the public grain warehouseman as principal and by a corporate surety licensed to do business in this state as surety. (ii) The bond shall run to the State of Arkansas and be for the benefit of all depositors or storers of grain, their legal representatives, attorneys, or assigns. (B) (i) No bond shall be accepted for the purposes of this subchapter until it has been approved by the commissioner. (ii) The bond shall be conditioned upon the warehouseman delivering all stored grain or payment of the value thereof upon the surrender of the warehouse receipt. (iii) The commissioner may require the increases in the amount of the bond, from time to time, as he or she may deem necessary for the protection of the storage receipt holders.

(A) (i) Before any license is issued to any warehouseman, the warehouseman shall file with the Public Grain Warehouse Commissioner a surety bond executed by the public grain warehouseman as principal and by a corporate surety licensed to do business in this state as surety. (ii) The bond shall run to the State of Arkansas and be for the benefit of all depositors or storers of grain, their legal representatives, attorneys, or assigns.

(i) Before any license is issued to any warehouseman, the warehouseman shall file with the Public Grain Warehouse Commissioner a surety bond executed by the public grain warehouseman as principal and by a corporate surety licensed to do business in this state as surety.

(ii) The bond shall run to the State of Arkansas and be for the benefit of all depositors or storers of grain, their legal representatives, attorneys, or assigns.

(B) (i) No bond shall be accepted for the purposes of this subchapter until it has been approved by the commissioner. (ii) The bond shall be conditioned upon the warehouseman delivering all stored grain or payment of the value thereof upon the surrender of the warehouse receipt. (iii) The commissioner may require the increases in the amount of the bond, from time to time, as he or she may deem necessary for the protection of the storage receipt holders.

(i) No bond shall be accepted for the purposes of this subchapter until it has been approved by the commissioner.

(ii) The bond shall be conditioned upon the warehouseman delivering all stored grain or payment of the value thereof upon the surrender of the warehouse receipt.

(iii) The commissioner may require the increases in the amount of the bond, from time to time, as he or she may deem necessary for the protection of the storage receipt holders.

(2) (A) The aggregate liability of the surety to all depositors or storers of grain shall not exceed the sum of the bond. (B) The bond may be cancelled at any time by the surety by giving written notice to the commissioner of its intention to cancel the bond. All liability thereunder shall terminate thirty (30) days after the receipt of the notice by the commissioner, except that the notice shall not affect any claims arising under the bond, whether presented or not, before the effective date of the cancellation notice.

(A) The aggregate liability of the surety to all depositors or storers of grain shall not exceed the sum of the bond.

(B) The bond may be cancelled at any time by the surety by giving written notice to the commissioner of its intention to cancel the bond. All liability thereunder shall terminate thirty (30) days after the receipt of the notice by the commissioner, except that the notice shall not affect any claims arising under the bond, whether presented or not, before the effective date of the cancellation notice.

(b) In lieu of the bond required in subsection (a) of this section, an applicant for a license may be a self-insurer by posting with the commissioner cash or any combination of securities, the market value of which is readily ascertainable and, if negotiable, by delivery or assignment, of the kinds described in § 23-63-806 , United States Government obligations, § 23-63-809 , municipal or county utilities, § 23-63-813 , international banks, and § 23-63-814 , corporate bonds and debentures.

Acts 1979, No. 83, § 15; A.S.A. 1947, § 77-1315.
Ark. Code Ann. § 2-2-428 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-428
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 1921, No. 116, § 27; Pope's Dig., § 2312; A.S.A. 1947, § 77-926.

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 1921, No. 116, § 27; Pope's Dig., § 2312; A.S.A. 1947, § 77-926.
Ark. Code Ann. § 2-17-231 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-231
Accepting grain for shipment
Status: in_force

(a) If grain is offered for storage in any licensed public grain warehouse and the public grain warehouseman does not have storage space to handle the grain, the public grain warehouseman, with the written consent of the owner, may accept grain for shipment to another public grain warehouse where storage is available. (b) The receipt to cover grain to be transported to and stored in another public grain warehouse shall embody within its written or printed terms, in addition to the requirements of § 2-17-221 , the name and location of the public grain warehouse to which the grain will be shipped for storage. Acts 1979, No. 83, § 36; A.S.A. 1947, § 77-1336.

(a) If grain is offered for storage in any licensed public grain warehouse and the public grain warehouseman does not have storage space to handle the grain, the public grain warehouseman, with the written consent of the owner, may accept grain for shipment to another public grain warehouse where storage is available.

(b) The receipt to cover grain to be transported to and stored in another public grain warehouse shall embody within its written or printed terms, in addition to the requirements of § 2-17-221 , the name and location of the public grain warehouse to which the grain will be shipped for storage.

Acts 1979, No. 83, § 36; A.S.A. 1947, § 77-1336.
Ark. Code Ann. § 2-2-111 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-111
Regular and special meetings
Status: in_force

(a) In its bylaws, each association shall provide for one (1) or more regular meetings annually. (b) (1) The board of directors shall have the right to call a special meeting at any time. Members or stockholders holding ten percent (10%) of the voting power may file a petition with the chair of the board stating the specific business to be brought before the association and demand a special meeting at any time. (2) These meetings must be called by the board. (c) (1) Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least five (5) days before the meeting. (2) The bylaws may require instead that the notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association. If no newspaper is published at that place, notice may be given in a newspaper having circulation at the principal place of business of the association. Acts 1939, No. 153, § 11; 1983, No. 163, § 2; A.S.A. 1947, § 77-1011.

(a) In its bylaws, each association shall provide for one (1) or more regular meetings annually.

(b) (1) The board of directors shall have the right to call a special meeting at any time. Members or stockholders holding ten percent (10%) of the voting power may file a petition with the chair of the board stating the specific business to be brought before the association and demand a special meeting at any time. (2) These meetings must be called by the board.

(1) The board of directors shall have the right to call a special meeting at any time. Members or stockholders holding ten percent (10%) of the voting power may file a petition with the chair of the board stating the specific business to be brought before the association and demand a special meeting at any time.

(2) These meetings must be called by the board.

(c) (1) Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least five (5) days before the meeting. (2) The bylaws may require instead that the notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association. If no newspaper is published at that place, notice may be given in a newspaper having circulation at the principal place of business of the association.

(1) Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least five (5) days before the meeting.

(2) The bylaws may require instead that the notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association. If no newspaper is published at that place, notice may be given in a newspaper having circulation at the principal place of business of the association.

Acts 1939, No. 153, § 11; 1983, No. 163, § 2; A.S.A. 1947, § 77-1011.
Ark. Code Ann. § 2-1-304 — AR Code / Title 2 / Chapter 1 / Subchapter 3 / Section 2-1-304
Administration
Status: in_force

The Director of the Arkansas Bureau of Standards shall: (1) Administer and enforce this subchapter; (2) Promulgate rules to implement the purposes and requirements of this subchapter; and (3) Receive and investigate complaints regarding alleged violations of this subchapter and the rules promulgated by the director. Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.

The Director of the Arkansas Bureau of Standards shall:

(1) Administer and enforce this subchapter;

(2) Promulgate rules to implement the purposes and requirements of this subchapter; and

(3) Receive and investigate complaints regarding alleged violations of this subchapter and the rules promulgated by the director.

Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-16-403 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-403
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant; (2) "Adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on its labeling or under which it is sold, if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted; (3) "Animal" means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish; (4) "Beneficial insects" means those insects which during their life cycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial; (5) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission; (6) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (7) "Device" means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than man, and other than bacteria, virus, or other microorganism on or in living man or other living animals; but not including equipment used for the application of pesticides when sold separately from the sale of pesticides; (8) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and having so received, deliver or offer to deliver, pesticides in this state; (9) "Environment" includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these; (10) [Repealed.] (11) [Repealed.] (12) "Fungus" means any non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other living animals, and except those in or on processed food, beverages, or pharmaceuticals; (13) "Highly toxic pesticide" means any pesticide determined to be a highly toxic pesticide under the authority of Section 25(c)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(2) , or by the State Plant Board under § 2-16-406(a)(2) ; (14) "Imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings under § 2-16-408 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the United States Secretary of the Interior under P.L. 91-135; (15) "Inert ingredient" means an ingredient which is not an active ingredient; (16) (A) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide. (B) When the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water-soluble arsenic, each calculated as elemental arsenic. In the case of a spray adjuvant, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants; (17) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, for example, beetles, bugs, bees, flies, and other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, for example, spiders, mites, ticks, centipedes, and wood lice; (18) "Label" means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers; (19) "Labeling" means the label and all other written, printed, or graphic matter: (A) Accompanying the pesticide or device at any time; or (B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the United States Environmental Protection Agency; the United States Department of Agriculture, the United States Department of the Interior, and the United States Department of Health and Human Services; state experiment stations; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides; (20) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants, or plant parts; they may also be called nemas or eelworms; (21) "Person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (22) "Pest" means: (A) Any insect, rodent, nematode, fungus, weed; or (B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living man or other living animals which the United States Environmental Protection Agency declares to be a pest under Section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(1) , or which the board declares to be a pest under § 2-16-406(a)(1) ; (23) "Pesticide" means: (A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests; (B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (C) Any substance or mixture of substances intended to be used as a spray adjuvant; (24) "Plant regulator" means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. The term shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments; (25) "Protect health and environment" means protection against any unreasonable adverse effects on the environment; (26) "Registrant" means a person who has registered any pesticide under the provisions of this subchapter; (27) "Restricted-use pesticide" means any pesticide or pesticide use classified for restricted use by the Administrator of the United States Environmental Protection Agency; (28) "Spray adjuvant" means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the pesticide with which it is to be used; (29) "State-restricted pesticide" means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the board determines, subsequent to a hearing, requires additional restrictions for that pesticide or use to prevent unreasonable adverse effects on the environment, including humans, lands, beneficial insects, animals, crops, and wildlife, other than pests; (30) "Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide; (31) "Weed" means any plant which grows where not wanted; and (32) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this subchapter, pests. "Wildlife" shall include, but not be limited to, mammals, birds, and aquatic life. Amended by Act 2019, No. 378,§ 2, eff. 7/24/2019. Acts 1975, No. 410, § 4; A.S.A. 1947, § 77-230.

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

(1) "Active ingredient" means any ingredient which will prevent, destroy, repel, control, or mitigate pests or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant;

(2) "Adulterated" shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on its labeling or under which it is sold, if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has been wholly or in part abstracted;

(3) "Animal" means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish;

(4) "Beneficial insects" means those insects which during their life cycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial;

(5) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission;

(6) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;

(7) "Device" means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than man, and other than bacteria, virus, or other microorganism on or in living man or other living animals; but not including equipment used for the application of pesticides when sold separately from the sale of pesticides;

(8) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive and having so received, deliver or offer to deliver, pesticides in this state;

(9) "Environment" includes water, air, land, and all plants and man and other animals living therein, and the interrelationships which exist among these;

(10) [Repealed.]

(11) [Repealed.]

(12) "Fungus" means any non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other living animals, and except those in or on processed food, beverages, or pharmaceuticals;

(13) "Highly toxic pesticide" means any pesticide determined to be a highly toxic pesticide under the authority of Section 25(c)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(2) , or by the State Plant Board under § 2-16-406(a)(2) ;

(14) "Imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings under § 2-16-408 would likely result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered by the United States Secretary of the Interior under P.L. 91-135;

(15) "Inert ingredient" means an ingredient which is not an active ingredient;

(16) (A) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide. (B) When the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water-soluble arsenic, each calculated as elemental arsenic. In the case of a spray adjuvant, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants;

(A) "Ingredient statement" means a statement of the name and percentage of each active ingredient together with the total percentage of the inert ingredients in the pesticide.

(B) When the pesticide contains arsenic in any form, the ingredient statement shall also include percentages of total and water-soluble arsenic, each calculated as elemental arsenic. In the case of a spray adjuvant, the ingredient statement need contain only the names of the functioning agents and the total percentage of the constituents ineffective as spray adjuvants;

(17) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, for example, beetles, bugs, bees, flies, and other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, for example, spiders, mites, ticks, centipedes, and wood lice;

(18) "Label" means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers;

(19) "Labeling" means the label and all other written, printed, or graphic matter: (A) Accompanying the pesticide or device at any time; or (B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the United States Environmental Protection Agency; the United States Department of Agriculture, the United States Department of the Interior, and the United States Department of Health and Human Services; state experiment stations; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides;

(A) Accompanying the pesticide or device at any time; or

(B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the United States Environmental Protection Agency; the United States Department of Agriculture, the United States Department of the Interior, and the United States Department of Health and Human Services; state experiment stations; state agricultural colleges; and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides;

(20) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants, or plant parts; they may also be called nemas or eelworms;

(21) "Person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not;

(22) "Pest" means: (A) Any insect, rodent, nematode, fungus, weed; or (B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living man or other living animals which the United States Environmental Protection Agency declares to be a pest under Section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(1) , or which the board declares to be a pest under § 2-16-406(a)(1) ;

(A) Any insect, rodent, nematode, fungus, weed; or

(B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living man or other living animals which the United States Environmental Protection Agency declares to be a pest under Section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136w(c)(1) , or which the board declares to be a pest under § 2-16-406(a)(1) ;

(23) "Pesticide" means: (A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests; (B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (C) Any substance or mixture of substances intended to be used as a spray adjuvant;

(A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests;

(B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and

(C) Any substance or mixture of substances intended to be used as a spray adjuvant;

(24) "Plant regulator" means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof. The term shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments;

(25) "Protect health and environment" means protection against any unreasonable adverse effects on the environment;

(26) "Registrant" means a person who has registered any pesticide under the provisions of this subchapter;

(27) "Restricted-use pesticide" means any pesticide or pesticide use classified for restricted use by the Administrator of the United States Environmental Protection Agency;

(28) "Spray adjuvant" means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the pesticide with which it is to be used;

(29) "State-restricted pesticide" means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the board determines, subsequent to a hearing, requires additional restrictions for that pesticide or use to prevent unreasonable adverse effects on the environment, including humans, lands, beneficial insects, animals, crops, and wildlife, other than pests;

(30) "Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide;

(31) "Weed" means any plant which grows where not wanted; and

(32) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this subchapter, pests. "Wildlife" shall include, but not be limited to, mammals, birds, and aquatic life.

Amended by Act 2019, No. 378,§ 2, eff. 7/24/2019.

Acts 1975, No. 410, § 4; A.S.A. 1947, § 77-230.
Ark. Code Ann. § 2-2-112 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-112
Board of directors
Status: in_force

(a) (1) The affairs of the association shall be managed by a board of not less than five (5) directors. (2) (A) (i) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to the districts. (ii) In such cases, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and redistricting the territory covered by the association. The bylaws may provide for a quorum of the directors in each district. (B) The bylaws may provide that primary elections should be held in each district to elect the directors apportioned to the districts, and the results of all the primary elections must be ratified by the next regular meeting of the association or may be considered final as to the association. (b) The bylaws may provide that one (1) or more directors may be appointed by the Governor, the Dean of the College of Agriculture of the University of Arkansas at Fayetteville, or any other designated federal or state public official or commission. (c) (1) Where not otherwise prohibited by the bylaws, the directors of the association may provide a fair remuneration for the time actually spent by its officers, directors, and employees in its service. (2) No director, during the term of his or her office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association. (d) The bylaws may provide for an executive committee and may allot to the committee all the functions and powers of the board of directors, subject to the general direction and control of the board. Acts 1939, No. 153, § 12; A.S.A. 1947, § 77-1012.

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

(1) The affairs of the association shall be managed by a board of not less than five (5) directors.

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

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

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

(ii) In such cases, the bylaws shall specify the number of directors to be elected by each district and the manner and method of reapportioning the directors and redistricting the territory covered by the association. The bylaws may provide for a quorum of the directors in each district.

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

(b) The bylaws may provide that one (1) or more directors may be appointed by the Governor, the Dean of the College of Agriculture of the University of Arkansas at Fayetteville, or any other designated federal or state public official or commission.

(c) (1) Where not otherwise prohibited by the bylaws, the directors of the association may provide a fair remuneration for the time actually spent by its officers, directors, and employees in its service. (2) No director, during the term of his or her office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association.

(1) Where not otherwise prohibited by the bylaws, the directors of the association may provide a fair remuneration for the time actually spent by its officers, directors, and employees in its service.

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

(d) The bylaws may provide for an executive committee and may allot to the committee all the functions and powers of the board of directors, subject to the general direction and control of the board.

Acts 1939, No. 153, § 12; A.S.A. 1947, § 77-1012.
Ark. Code Ann. § 2-33-104 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-104
Director
Status: in_force

(a) (1) The Director of the Arkansas Livestock and Poultry Commission shall be appointed by the Governor and shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture. (b) (1) The secretary may delegate to the director any of the powers or duties required to administer the: (A) Statutory duties of the Arkansas Livestock and Poultry Commission; and (B) Rules, orders, or directives promulgated or issued by the commission. (2) The director may exercise the powers and duties delegated to him or her under subdivision (b)(1) of this section in the name of the commission and of the Department of Agriculture. Amended by Act 2019, No. 910,§ 26, eff. 7/1/2019. Amended by Act 2017, No. 1011,§ 3, eff. 8/1/2017. Acts 1963, No. 87, §§ 7, 8; A.S.A. 1947, §§ 78-307, 78-308.

(a) (1) The Director of the Arkansas Livestock and Poultry Commission shall be appointed by the Governor and shall serve at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Agriculture.

(1) The Director of the Arkansas Livestock and Poultry Commission shall be appointed by the Governor and shall serve at the pleasure of the Governor.

(2) The director shall report to the Secretary of the Department of Agriculture.

(b) (1) The secretary may delegate to the director any of the powers or duties required to administer the: (A) Statutory duties of the Arkansas Livestock and Poultry Commission; and (B) Rules, orders, or directives promulgated or issued by the commission. (2) The director may exercise the powers and duties delegated to him or her under subdivision (b)(1) of this section in the name of the commission and of the Department of Agriculture.

(1) The secretary may delegate to the director any of the powers or duties required to administer the: (A) Statutory duties of the Arkansas Livestock and Poultry Commission; and (B) Rules, orders, or directives promulgated or issued by the commission.

(A) Statutory duties of the Arkansas Livestock and Poultry Commission; and

(B) Rules, orders, or directives promulgated or issued by the commission.

(2) The director may exercise the powers and duties delegated to him or her under subdivision (b)(1) of this section in the name of the commission and of the Department of Agriculture.

Amended by Act 2019, No. 910,§ 26, eff. 7/1/2019.

Amended by Act 2017, No. 1011,§ 3, eff. 8/1/2017.

Acts 1963, No. 87, §§ 7, 8; A.S.A. 1947, §§ 78-307, 78-308.
Ark. Code Ann. § 2-16-609 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-609
Quarantine
Status: in_force

(a) The State Plant Board is authorized to promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The board shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil. (b) The board is also authorized to promulgate rules governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these rules shall conform in all aspects to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as amended, and sound principles of quarantines. Acts 1991, No. 710, § 7.

(a) The State Plant Board is authorized to promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The board shall determine when such action is necessary, or appears reasonably necessary, to prevent or retard the spread of the boll weevil.

(b) The board is also authorized to promulgate rules governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these rules shall conform in all aspects to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as amended, and sound principles of quarantines.

Acts 1991, No. 710, § 7.
Ark. Code Ann. § 2-19-403 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-403
Penalty
Status: in_force

Any person convicted of violation of any provision of this subchapter or the rules promulgated under this subchapter shall be guilty of a misdemeanor. Acts 1977, No. 377, § 12; A.S.A. 1947, § 77-2112.

Any person convicted of violation of any provision of this subchapter or the rules promulgated under this subchapter shall be guilty of a misdemeanor.

Acts 1977, No. 377, § 12; A.S.A. 1947, § 77-2112.
Ark. Code Ann. § 2-34-205 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-205
Custody of county brand records
Status: in_force

(a) All county brand records of the various counties of the state shall be property of the Arkansas Livestock and Poultry Commission, and it shall be unlawful for a county clerk to accept a brand for registry. (b) The Department of Agriculture shall collect all county brand record books and place them in its office and preserve them as public records on behalf of the commission. (c) The department shall furnish a record of any brand record in the county record books to any person for a reasonable fee determined by the department to offset the costs of furnishing the record. Amended by Act 2019, No. 910,§ 31, eff. 7/1/2019. Amended by Act 2017, No. 1011,§ 27, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, § 3; A.S.A. 1947, § 78-809.

(a) All county brand records of the various counties of the state shall be property of the Arkansas Livestock and Poultry Commission, and it shall be unlawful for a county clerk to accept a brand for registry.

(b) The Department of Agriculture shall collect all county brand record books and place them in its office and preserve them as public records on behalf of the commission.

(c) The department shall furnish a record of any brand record in the county record books to any person for a reasonable fee determined by the department to offset the costs of furnishing the record.

Amended by Act 2019, No. 910,§ 31, eff. 7/1/2019.

Amended by Act 2017, No. 1011,§ 27, eff. 8/1/2017.

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

Acts 1959, No. 179, § 3; A.S.A. 1947, § 78-809.
Ark. Code Ann. § 2-15-502 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-502
Purpose
Status: in_force

(a) The purpose of this subchapter is to: (1) Recognize industrial hemp as an agricultural product; (2) Recognize the cultivation, processing, and transportation of industrial hemp as an agricultural activity in this state; and (3) Ensure that this state has primary regulatory authority over the production of industrial hemp in this state. (b) This subchapter shall not be construed to grant the Department of Agriculture the authority to regulate hemp processing practices or methodologies. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) The purpose of this subchapter is to: (1) Recognize industrial hemp as an agricultural product; (2) Recognize the cultivation, processing, and transportation of industrial hemp as an agricultural activity in this state; and (3) Ensure that this state has primary regulatory authority over the production of industrial hemp in this state.

(1) Recognize industrial hemp as an agricultural product;

(2) Recognize the cultivation, processing, and transportation of industrial hemp as an agricultural activity in this state; and

(3) Ensure that this state has primary regulatory authority over the production of industrial hemp in this state.

(b) This subchapter shall not be construed to grant the Department of Agriculture the authority to regulate hemp processing practices or methodologies.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-36-201 — AR Code / Title 2 / Chapter 36 / Subchapter 2 / Section 2-36-201
[Repealed]
Status: repealed

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

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

Acts 1973, No. 317, § 1; A.S.A. 1947, § 78-1610.
Ark. Code Ann. § 2-23-105 — AR Code / Title 2 / Chapter 23 / Section 2-23-105
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 38, eff. 7/1/2023. Acts 1991, No. 1024, § 2; 1999, No. 921, § 5.

Repealed by Act 2023, No. 691,§ 38, eff. 7/1/2023.

Acts 1991, No. 1024, § 2; 1999, No. 921, § 5.
Ark. Code Ann. § 2-6-111 — AR Code / Title 2 / Chapter 6 / Section 2-6-111
Receivership - Hearings on plan - Notice - Service
Status: in_force

(a) When a petition is filed by the Secretary of the Department of Agriculture or his or her designee under § 2-6-109 the clerk of court shall set a date for hearing on the secretary's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) calendar days after the date the petition is filed. (b) Copies of the petition, the notice of hearing, and the secretary's plan of disposition shall be served upon the Class A registrant and upon the surety company issuing the Class A registrant's bond in the manner required for service of an original notice. (c) A delay in effecting service upon the Class A registrant or surety shall not be cause for denying the appointment of a receiver and shall not be grounds for invalidating any action or proceeding in connection therewith. Amended by Act 2023, No. 588,§ 14, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

(a) When a petition is filed by the Secretary of the Department of Agriculture or his or her designee under § 2-6-109 the clerk of court shall set a date for hearing on the secretary's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) calendar days after the date the petition is filed.

(b) Copies of the petition, the notice of hearing, and the secretary's plan of disposition shall be served upon the Class A registrant and upon the surety company issuing the Class A registrant's bond in the manner required for service of an original notice.

(c) A delay in effecting service upon the Class A registrant or surety shall not be cause for denying the appointment of a receiver and shall not be grounds for invalidating any action or proceeding in connection therewith.

Amended by Act 2023, No. 588,§ 14, eff. 8/1/2023.

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-33-107 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-107
Powers and duties generally
Status: in_force

(a) Authority for the control, suppression, and eradication of livestock and poultry diseases and pests, and supervision of livestock and poultry work in this state, including authority to promulgate rules governing the handling, sale, and use of vaccines, antigens, and other biological products used for reportable diseases and emergencies affecting livestock and poultry, is vested in the Arkansas Livestock and Poultry Commission. (b) The commission shall have the authority to: (1) Enter into cooperative work agreements with any or all federal agencies in matters relating to the functions performable by the commission including, but not limited to, general livestock and poultry disease control programs; (2) Receive and expend any moneys arising from federal means, grants, contributions, gratuities, or reimbursements for or on account of any of the functions at any time performable by the commission; (3) Cooperate with similar agencies existing in other states and with the appropriate federal agencies and appropriate other agencies of this state for the purpose of coordinating laws and rules governing the interstate movement of livestock and poultry and the products producible therefrom, with the view of safeguarding against animal diseases, insects, and pests and at the same time endeavoring to eliminate interstate trade barriers; (4) Cooperate with, and receive the cooperation of, all state-supported institutions of higher education in matters of mutual interest relating to the development of the livestock and poultry interests of this state; (5) Cooperate with the state, district, and county livestock show associations in the promotion and development of the livestock and poultry industry of this state; (6) Contract and be contracted with; (7) Take other action, not inconsistent with law, as it shall deem necessary or desirable to effectively carry out its duties; (8) Make modifications or adjustments in disease and pest control and eradication activities and programs as it deems necessary or appropriate to enable it to carry out its responsibilities with respect to such activities and programs; (9) Obtain, upon majority vote of the commission, health records of livestock and poultry, including records of livestock and poultry produced, sold, processed, or otherwise handled, to enable it to effectively administer and enforce its rules and laws relating to disease or pest control and eradication programs; and (10) Prescribe, by administrative rule, the method and manner for testing and vaccination of livestock or poultry located within the state but such authority shall not interfere with farmer vaccination of his or her own product. (c) The commission shall have the authority to make, modify, and enforce such rules and orders, not inconsistent with law, as it shall from time to time deem necessary to effectively carry out the functions performable by it. Amended by Act 2017, No. 1011,§ 6, eff. 8/1/2017. Acts 1963, No. 87, §§ 9, 12; A.S.A. 1947, §§ 78-309, 78-312.

(a) Authority for the control, suppression, and eradication of livestock and poultry diseases and pests, and supervision of livestock and poultry work in this state, including authority to promulgate rules governing the handling, sale, and use of vaccines, antigens, and other biological products used for reportable diseases and emergencies affecting livestock and poultry, is vested in the Arkansas Livestock and Poultry Commission.

(b) The commission shall have the authority to: (1) Enter into cooperative work agreements with any or all federal agencies in matters relating to the functions performable by the commission including, but not limited to, general livestock and poultry disease control programs; (2) Receive and expend any moneys arising from federal means, grants, contributions, gratuities, or reimbursements for or on account of any of the functions at any time performable by the commission; (3) Cooperate with similar agencies existing in other states and with the appropriate federal agencies and appropriate other agencies of this state for the purpose of coordinating laws and rules governing the interstate movement of livestock and poultry and the products producible therefrom, with the view of safeguarding against animal diseases, insects, and pests and at the same time endeavoring to eliminate interstate trade barriers; (4) Cooperate with, and receive the cooperation of, all state-supported institutions of higher education in matters of mutual interest relating to the development of the livestock and poultry interests of this state; (5) Cooperate with the state, district, and county livestock show associations in the promotion and development of the livestock and poultry industry of this state; (6) Contract and be contracted with; (7) Take other action, not inconsistent with law, as it shall deem necessary or desirable to effectively carry out its duties; (8) Make modifications or adjustments in disease and pest control and eradication activities and programs as it deems necessary or appropriate to enable it to carry out its responsibilities with respect to such activities and programs; (9) Obtain, upon majority vote of the commission, health records of livestock and poultry, including records of livestock and poultry produced, sold, processed, or otherwise handled, to enable it to effectively administer and enforce its rules and laws relating to disease or pest control and eradication programs; and (10) Prescribe, by administrative rule, the method and manner for testing and vaccination of livestock or poultry located within the state but such authority shall not interfere with farmer vaccination of his or her own product.

(1) Enter into cooperative work agreements with any or all federal agencies in matters relating to the functions performable by the commission including, but not limited to, general livestock and poultry disease control programs;

(2) Receive and expend any moneys arising from federal means, grants, contributions, gratuities, or reimbursements for or on account of any of the functions at any time performable by the commission;

(3) Cooperate with similar agencies existing in other states and with the appropriate federal agencies and appropriate other agencies of this state for the purpose of coordinating laws and rules governing the interstate movement of livestock and poultry and the products producible therefrom, with the view of safeguarding against animal diseases, insects, and pests and at the same time endeavoring to eliminate interstate trade barriers;

(4) Cooperate with, and receive the cooperation of, all state-supported institutions of higher education in matters of mutual interest relating to the development of the livestock and poultry interests of this state;

(5) Cooperate with the state, district, and county livestock show associations in the promotion and development of the livestock and poultry industry of this state;

(6) Contract and be contracted with;

(7) Take other action, not inconsistent with law, as it shall deem necessary or desirable to effectively carry out its duties;

(8) Make modifications or adjustments in disease and pest control and eradication activities and programs as it deems necessary or appropriate to enable it to carry out its responsibilities with respect to such activities and programs;

(9) Obtain, upon majority vote of the commission, health records of livestock and poultry, including records of livestock and poultry produced, sold, processed, or otherwise handled, to enable it to effectively administer and enforce its rules and laws relating to disease or pest control and eradication programs; and

(10) Prescribe, by administrative rule, the method and manner for testing and vaccination of livestock or poultry located within the state but such authority shall not interfere with farmer vaccination of his or her own product.

(c) The commission shall have the authority to make, modify, and enforce such rules and orders, not inconsistent with law, as it shall from time to time deem necessary to effectively carry out the functions performable by it.

Amended by Act 2017, No. 1011,§ 6, eff. 8/1/2017.

Acts 1963, No. 87, §§ 9, 12; A.S.A. 1947, §§ 78-309, 78-312.
Ark. Code Ann. § 2-39-108 — AR Code / Title 2 / Chapter 39 / Section 2-39-108
Livestock breaking into enclosures
Status: in_force

If any livestock shall break into any enclosure, the owner of the livestock and the injured party shall: (1) For the first trespass: (A) The injured party shall make a record of the incursion and notify the Department of Agriculture in writing through procedure established by the department; and (B) The owner of the livestock shall make reparation to the injured party for the true value of damages he or she may have sustained; (2) For every additional trespass within twelve (12) months of the first trespass: (A) The injured party shall make a record of the incursion and notify the department in writing through procedure established by the department; and (B) The owner of the livestock shall be liable for double damages to be recovered with costs before any court having jurisdiction over the trespass; and (3) (A) For the third trespass within twelve (12) months of the first trespass, the party injured may sell or otherwise transfer the livestock so trespassing without being answerable for it. (B) The owner of the livestock may file a claim before any court having jurisdiction over the trespass to recover any amount of the proceeds in excess of the impounder's damage. (C) Notice provided to the department under this section may be used as evidence of the injured party's compliance in any proceedings stemming from the sale or transfer of the livestock. Amended by Act 2023, No. 594,§ 7, eff. 8/1/2023. Rev. Stat., ch. 76, § 5; C. & M. Dig., § 4651; Pope's Dig., § 5740; A.S.A. 1947, § 78-1207; Acts 2001, No. 176, § 4.

If any livestock shall break into any enclosure, the owner of the livestock and the injured party shall:

(1) For the first trespass: (A) The injured party shall make a record of the incursion and notify the Department of Agriculture in writing through procedure established by the department; and (B) The owner of the livestock shall make reparation to the injured party for the true value of damages he or she may have sustained;

(A) The injured party shall make a record of the incursion and notify the Department of Agriculture in writing through procedure established by the department; and

(B) The owner of the livestock shall make reparation to the injured party for the true value of damages he or she may have sustained;

(2) For every additional trespass within twelve (12) months of the first trespass: (A) The injured party shall make a record of the incursion and notify the department in writing through procedure established by the department; and (B) The owner of the livestock shall be liable for double damages to be recovered with costs before any court having jurisdiction over the trespass; and

(A) The injured party shall make a record of the incursion and notify the department in writing through procedure established by the department; and

(B) The owner of the livestock shall be liable for double damages to be recovered with costs before any court having jurisdiction over the trespass; and

(3) (A) For the third trespass within twelve (12) months of the first trespass, the party injured may sell or otherwise transfer the livestock so trespassing without being answerable for it. (B) The owner of the livestock may file a claim before any court having jurisdiction over the trespass to recover any amount of the proceeds in excess of the impounder's damage. (C) Notice provided to the department under this section may be used as evidence of the injured party's compliance in any proceedings stemming from the sale or transfer of the livestock.

(A) For the third trespass within twelve (12) months of the first trespass, the party injured may sell or otherwise transfer the livestock so trespassing without being answerable for it.

(B) The owner of the livestock may file a claim before any court having jurisdiction over the trespass to recover any amount of the proceeds in excess of the impounder's damage.

(C) Notice provided to the department under this section may be used as evidence of the injured party's compliance in any proceedings stemming from the sale or transfer of the livestock.

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

Rev. Stat., ch. 76, § 5; C. & M. Dig., § 4651; Pope's Dig., § 5740; A.S.A. 1947, § 78-1207; Acts 2001, No. 176, § 4.
Ark. Code Ann. § 2-38-404 — AR Code / Title 2 / Chapter 38 / Subchapter 4 / Section 2-38-404
Delivery to enclosure
Status: in_force

(a) Any member of the Division of Arkansas State Police or any sheriff or deputy sheriff of any county who discovers or is advised of livestock running at large along or on any public highway shall arrange for the livestock to be taken up and delivered to the enclosure provided by the county judge. (b) The cost of taking up and delivering the livestock shall be borne by the county in which the livestock is found running at large. Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023. Acts 1955, No. 145, § 4; A.S.A. 1947, § 78-1147.

(a) Any member of the Division of Arkansas State Police or any sheriff or deputy sheriff of any county who discovers or is advised of livestock running at large along or on any public highway shall arrange for the livestock to be taken up and delivered to the enclosure provided by the county judge.

(b) The cost of taking up and delivering the livestock shall be borne by the county in which the livestock is found running at large.

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

Acts 1955, No. 145, § 4; A.S.A. 1947, § 78-1147.
Ark. Code Ann. § 2-33-105 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-105
State Veterinarian
Status: in_force

(a) The Secretary of the Department of Agriculture shall employ a State Veterinarian. (b) The State Veterinarian shall be a person who has been granted the degree of Doctor of Veterinary Medicine and holds a current license issued by the Arkansas Livestock and Poultry Commission. Amended by Act 2023, No. 691,§ 46, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 27, eff. 7/1/2019. Amended by Act 2017, No. 1011,§ 4, eff. 8/1/2017. Acts 1963, No. 87, §§ 7, 8; A.S.A. 1947, §§ 78-307, 78-308.

(a) The Secretary of the Department of Agriculture shall employ a State Veterinarian.

(b) The State Veterinarian shall be a person who has been granted the degree of Doctor of Veterinary Medicine and holds a current license issued by the Arkansas Livestock and Poultry Commission.

Amended by Act 2023, No. 691,§ 46, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 27, eff. 7/1/2019.

Amended by Act 2017, No. 1011,§ 4, eff. 8/1/2017.

Acts 1963, No. 87, §§ 7, 8; A.S.A. 1947, §§ 78-307, 78-308.
Ark. Code Ann. § 2-16-309 — AR Code / Title 2 / Chapter 16 / Subchapter 3 / Section 2-16-309
Claims committee
Status: in_force

(a) Whenever property shall be damaged, destroyed, or rendered unproductive in carrying out the provisions of this subchapter, the Governor shall appoint a committee on claims for each county affected. (b) The committee shall consist of two (2) representatives of the county affected, and three (3) members of the State Plant Board, as follows: (1) The practical cotton grower; (2) The nurseryman; and (3) The practical horticulturist. (c) The members of the committee shall serve as long as the Governor shall deem their services to be necessary. (d) (1) The committee shall elect a chairperson. (2) A majority of the members shall constitute a quorum for the transaction of business, but there shall be present at every meeting at least one (1) of the members appointed by the Governor to represent the county concerned and not less than two (2) members of the board composing the committee. (e) The members of the committee shall serve without compensation, but may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) The committee shall engage such clerical and other help as may be necessary. (g) The committee shall investigate and cause a survey to be made to determine the claims of all persons whose property has been destroyed, damaged, or rendered unproductive in carrying out the provisions of this subchapter. (h) The committee shall submit each claim approved by it to the secretary of the board, who shall then issue for each claim a voucher for a warrant drawing on the State Treasury out of funds made available for the purpose, to the amount of the claims approved by the committee. Acts 1921, No. 519, § 6; Pope's Dig., § 12362; Acts 1985, No. 385, § 1; A.S.A. 1947, § 77-122; Acts 1997, No. 250, § 3.

(a) Whenever property shall be damaged, destroyed, or rendered unproductive in carrying out the provisions of this subchapter, the Governor shall appoint a committee on claims for each county affected.

(b) The committee shall consist of two (2) representatives of the county affected, and three (3) members of the State Plant Board, as follows: (1) The practical cotton grower; (2) The nurseryman; and (3) The practical horticulturist.

(1) The practical cotton grower;

(2) The nurseryman; and

(3) The practical horticulturist.

(c) The members of the committee shall serve as long as the Governor shall deem their services to be necessary.

(d) (1) The committee shall elect a chairperson. (2) A majority of the members shall constitute a quorum for the transaction of business, but there shall be present at every meeting at least one (1) of the members appointed by the Governor to represent the county concerned and not less than two (2) members of the board composing the committee.

(1) The committee shall elect a chairperson.

(2) A majority of the members shall constitute a quorum for the transaction of business, but there shall be present at every meeting at least one (1) of the members appointed by the Governor to represent the county concerned and not less than two (2) members of the board composing the committee.

(e) The members of the committee shall serve without compensation, but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(f) The committee shall engage such clerical and other help as may be necessary.

(g) The committee shall investigate and cause a survey to be made to determine the claims of all persons whose property has been destroyed, damaged, or rendered unproductive in carrying out the provisions of this subchapter.

(h) The committee shall submit each claim approved by it to the secretary of the board, who shall then issue for each claim a voucher for a warrant drawing on the State Treasury out of funds made available for the purpose, to the amount of the claims approved by the committee.

Acts 1921, No. 519, § 6; Pope's Dig., § 12362; Acts 1985, No. 385, § 1; A.S.A. 1947, § 77-122; Acts 1997, No. 250, § 3.
Ark. Code Ann. § 2-20-801 — AR Code / Title 2 / Chapter 20 / Subchapter 8 / Section 2-20-801
Purpose
Status: in_force

The purpose of this subchapter is to promote the growth and development of the corn and grain sorghum industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas. Acts 1997, No. 271, § 1.

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

Acts 1997, No. 271, § 1.
Ark. Code Ann. § 2-15-310 — AR Code / Title 2 / Chapter 15 / Subchapter 3 / Section 2-15-310
Lien expiration - Action on an owner's lien
Status: in_force

(a) An owner's lien expires one (1) year after the last day of the month following the date the sales price from the sale of grain, soybeans, or peanuts subject to the lien is required by law or contract to be paid to the grain, soybean, or peanut owner but only as to the particular grain, soybeans, or peanuts sold during the month unless an action to enforce the owner's lien is commenced in a court of competent jurisdiction during that time. (b) If a sales agent advances the sales price for grain, soybeans, or peanuts to the grain, soybean, or peanut owner before the first purchaser pays the sales price in full to the grain, soybean, or peanut owner or sales agent, the sales agent shall assume and may enforce all rights of the grain, soybean, or peanut owner under this subchapter as to the grain, soybeans, or peanuts or the proceeds from the sale of the grain, soybeans, or peanuts. (c) (1) In addition to any other court of competent jurisdiction, an action to enforce an owner's lien may be commenced in the district court of the county in which the: (A) Agreement to sell is executed; (B) Sales price is to be paid; (C) The grain, soybeans, or peanuts that have not been paid for are located; or (D) Proceeds may be found. (2) The commencement of one (1) or more of the following proceedings by or against a person claiming an interest in property subject to an owner's lien tolls the one-year period in which to commence an action to enforce the owner's lien under subsection (a) of this section for an additional period of ninety (90) days from the earlier of the final conclusion or dismissal of the proceedings or the date final relief is obtained from the applicable tribunal authorizing the commencement of the action: (A) An action seeking to adjudicate the person as bankrupt or insolvent; (B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or (C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property. (d) The prevailing party in an action to enforce this subchapter may recover costs and reasonable attorney's fees in any legal proceeding. (e) This subchapter does not impair or affect the right of a grain, soybean, or peanut owner or a sales agent to maintain a personal action to recover the debt against a person liable for payment of the sales price or to exercise any other available rights and remedies. Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.

(a) An owner's lien expires one (1) year after the last day of the month following the date the sales price from the sale of grain, soybeans, or peanuts subject to the lien is required by law or contract to be paid to the grain, soybean, or peanut owner but only as to the particular grain, soybeans, or peanuts sold during the month unless an action to enforce the owner's lien is commenced in a court of competent jurisdiction during that time.

(b) If a sales agent advances the sales price for grain, soybeans, or peanuts to the grain, soybean, or peanut owner before the first purchaser pays the sales price in full to the grain, soybean, or peanut owner or sales agent, the sales agent shall assume and may enforce all rights of the grain, soybean, or peanut owner under this subchapter as to the grain, soybeans, or peanuts or the proceeds from the sale of the grain, soybeans, or peanuts.

(c) (1) In addition to any other court of competent jurisdiction, an action to enforce an owner's lien may be commenced in the district court of the county in which the: (A) Agreement to sell is executed; (B) Sales price is to be paid; (C) The grain, soybeans, or peanuts that have not been paid for are located; or (D) Proceeds may be found. (2) The commencement of one (1) or more of the following proceedings by or against a person claiming an interest in property subject to an owner's lien tolls the one-year period in which to commence an action to enforce the owner's lien under subsection (a) of this section for an additional period of ninety (90) days from the earlier of the final conclusion or dismissal of the proceedings or the date final relief is obtained from the applicable tribunal authorizing the commencement of the action: (A) An action seeking to adjudicate the person as bankrupt or insolvent; (B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or (C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property.

(1) In addition to any other court of competent jurisdiction, an action to enforce an owner's lien may be commenced in the district court of the county in which the: (A) Agreement to sell is executed; (B) Sales price is to be paid; (C) The grain, soybeans, or peanuts that have not been paid for are located; or (D) Proceeds may be found.

(A) Agreement to sell is executed;

(B) Sales price is to be paid;

(C) The grain, soybeans, or peanuts that have not been paid for are located; or

(D) Proceeds may be found.

(2) The commencement of one (1) or more of the following proceedings by or against a person claiming an interest in property subject to an owner's lien tolls the one-year period in which to commence an action to enforce the owner's lien under subsection (a) of this section for an additional period of ninety (90) days from the earlier of the final conclusion or dismissal of the proceedings or the date final relief is obtained from the applicable tribunal authorizing the commencement of the action: (A) An action seeking to adjudicate the person as bankrupt or insolvent; (B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or (C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property.

(A) An action seeking to adjudicate the person as bankrupt or insolvent;

(B) An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or

(C) An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property.

(d) The prevailing party in an action to enforce this subchapter may recover costs and reasonable attorney's fees in any legal proceeding.

(e) This subchapter does not impair or affect the right of a grain, soybean, or peanut owner or a sales agent to maintain a personal action to recover the debt against a person liable for payment of the sales price or to exercise any other available rights and remedies.

Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 2-18-101 — AR Code / Title 2 / Chapter 18 / Section 2-18-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the State Plant Board; (2) "Person" means individuals, partnerships, corporations, associations, or two (2) or more individuals having a joint or common interest; and (3) "Seed" means any agricultural seeds or plants used to produce a crop. Acts 1931, No. 73, § 1; Pope's Dig., § 12334; A.S.A. 1947, § 77-315.

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

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

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

(3) "Seed" means any agricultural seeds or plants used to produce a crop.

Acts 1931, No. 73, § 1; Pope's Dig., § 12334; A.S.A. 1947, § 77-315.
Ark. Code Ann. § 2-16-802 — AR Code / Title 2 / Chapter 16 / Subchapter 8 / Section 2-16-802
Interagency cooperation
Status: in_force

A coordinated, concerted effort by the various agencies affected by the thistle problem is necessary to realize a proper remedy and therefore it is requested that the State Plant Board, Arkansas Forestry Commission, Arkansas Natural Resources Commission, Division of Agriculture of the University of Arkansas, United States Natural Resources Conservation Service, the several conservation districts, and all other interested agencies cooperate with each other and coordinate their efforts toward the eradication of thistles in this state. Amended by Act 2023, No. 124,§ 1, eff. 8/1/2023. Acts 1997, No. 1030, § 2.

A coordinated, concerted effort by the various agencies affected by the thistle problem is necessary to realize a proper remedy and therefore it is requested that the State Plant Board, Arkansas Forestry Commission, Arkansas Natural Resources Commission, Division of Agriculture of the University of Arkansas, United States Natural Resources Conservation Service, the several conservation districts, and all other interested agencies cooperate with each other and coordinate their efforts toward the eradication of thistles in this state.

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

Acts 1997, No. 1030, § 2.
Ark. Code Ann. § 2-32-401 — AR Code / Title 2 / Chapter 32 / Subchapter 4 / Section 2-32-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Livestock Owner's Lien Act". Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Livestock Owner's Lien Act".

Added by Act 2013, No. 499,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 2-16-215 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-215
Scholarships - Degree programs related to agriculture - Post-graduate degree programs related to agriculture or veterinary medicine
Status: in_force

(a) The Department of Agriculture may award scholarships to Arkansas residents who are enrolled in or entering an institution of higher education that offers: (1) An undergraduate degree program at an institution of higher education located in the State of Arkansas that is related to agriculture; or (2) A postgraduate degree program at an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas that is related to agriculture or veterinary medicine. (b) The department may contract or otherwise cooperate with a state-supported institution of higher education, state agency, nonprofit corporation, or other entity, as appropriate, to award scholarships under this section. (c) (1) A recipient of a scholarship under this section shall enter into an agreement with the department that contains the following requirements: (A) The receipt of scholarship funds shall be contingent upon the recipient's compliance with this section and with the agreement required under this subdivision (c)(1); (B) (i) For a scholarship awarded to an individual enrolled in a qualifying degree program under subdivision (a)(1) of this section, the degree shall be obtained from an institution of higher education located in the State of Arkansas within six (6) years of the receipt of a scholarship under this section. (ii) For a scholarship awarded to an individual enrolled in a qualifying postgraduate degree program under subdivision (a)(2) of this section, the postgraduate degree shall be obtained from an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas within six (6) years of the receipt of a scholarship under this section; and (C) The scholarship recipient shall: (i) Agree to work full time in the state for at least two (2) years after his or her graduation from a degree program under subsection (a) of this section; and (ii) Begin in-state employment as required under subdivision (c)(1)(C)(i) of this section not later than one (1) year after his or her graduation from a degree program under subsection (a) of this section. (2) The agreement under subdivision (c)(1) of this section shall include terms for repayment of the scholarship funds upon the breach of the agreement under § 17-101-205(d)(4) . (d) This section shall not be construed to require the department to endow or award any scholarship. (e) Scholarships awarded under this section are contingent upon the availability of funds. Added by Act 2023, No. 706,§ 3, eff. 8/1/2023.

(a) The Department of Agriculture may award scholarships to Arkansas residents who are enrolled in or entering an institution of higher education that offers: (1) An undergraduate degree program at an institution of higher education located in the State of Arkansas that is related to agriculture; or (2) A postgraduate degree program at an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas that is related to agriculture or veterinary medicine.

(1) An undergraduate degree program at an institution of higher education located in the State of Arkansas that is related to agriculture; or

(2) A postgraduate degree program at an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas that is related to agriculture or veterinary medicine.

(b) The department may contract or otherwise cooperate with a state-supported institution of higher education, state agency, nonprofit corporation, or other entity, as appropriate, to award scholarships under this section.

(c) (1) A recipient of a scholarship under this section shall enter into an agreement with the department that contains the following requirements: (A) The receipt of scholarship funds shall be contingent upon the recipient's compliance with this section and with the agreement required under this subdivision (c)(1); (B) (i) For a scholarship awarded to an individual enrolled in a qualifying degree program under subdivision (a)(1) of this section, the degree shall be obtained from an institution of higher education located in the State of Arkansas within six (6) years of the receipt of a scholarship under this section. (ii) For a scholarship awarded to an individual enrolled in a qualifying postgraduate degree program under subdivision (a)(2) of this section, the postgraduate degree shall be obtained from an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas within six (6) years of the receipt of a scholarship under this section; and (C) The scholarship recipient shall: (i) Agree to work full time in the state for at least two (2) years after his or her graduation from a degree program under subsection (a) of this section; and (ii) Begin in-state employment as required under subdivision (c)(1)(C)(i) of this section not later than one (1) year after his or her graduation from a degree program under subsection (a) of this section. (2) The agreement under subdivision (c)(1) of this section shall include terms for repayment of the scholarship funds upon the breach of the agreement under § 17-101-205(d)(4) .

(1) A recipient of a scholarship under this section shall enter into an agreement with the department that contains the following requirements: (A) The receipt of scholarship funds shall be contingent upon the recipient's compliance with this section and with the agreement required under this subdivision (c)(1); (B) (i) For a scholarship awarded to an individual enrolled in a qualifying degree program under subdivision (a)(1) of this section, the degree shall be obtained from an institution of higher education located in the State of Arkansas within six (6) years of the receipt of a scholarship under this section. (ii) For a scholarship awarded to an individual enrolled in a qualifying postgraduate degree program under subdivision (a)(2) of this section, the postgraduate degree shall be obtained from an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas within six (6) years of the receipt of a scholarship under this section; and (C) The scholarship recipient shall: (i) Agree to work full time in the state for at least two (2) years after his or her graduation from a degree program under subsection (a) of this section; and (ii) Begin in-state employment as required under subdivision (c)(1)(C)(i) of this section not later than one (1) year after his or her graduation from a degree program under subsection (a) of this section.

(A) The receipt of scholarship funds shall be contingent upon the recipient's compliance with this section and with the agreement required under this subdivision (c)(1);

(B) (i) For a scholarship awarded to an individual enrolled in a qualifying degree program under subdivision (a)(1) of this section, the degree shall be obtained from an institution of higher education located in the State of Arkansas within six (6) years of the receipt of a scholarship under this section. (ii) For a scholarship awarded to an individual enrolled in a qualifying postgraduate degree program under subdivision (a)(2) of this section, the postgraduate degree shall be obtained from an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas within six (6) years of the receipt of a scholarship under this section; and

(i) For a scholarship awarded to an individual enrolled in a qualifying degree program under subdivision (a)(1) of this section, the degree shall be obtained from an institution of higher education located in the State of Arkansas within six (6) years of the receipt of a scholarship under this section.

(ii) For a scholarship awarded to an individual enrolled in a qualifying postgraduate degree program under subdivision (a)(2) of this section, the postgraduate degree shall be obtained from an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas within six (6) years of the receipt of a scholarship under this section; and

(C) The scholarship recipient shall: (i) Agree to work full time in the state for at least two (2) years after his or her graduation from a degree program under subsection (a) of this section; and (ii) Begin in-state employment as required under subdivision (c)(1)(C)(i) of this section not later than one (1) year after his or her graduation from a degree program under subsection (a) of this section.

(i) Agree to work full time in the state for at least two (2) years after his or her graduation from a degree program under subsection (a) of this section; and

(ii) Begin in-state employment as required under subdivision (c)(1)(C)(i) of this section not later than one (1) year after his or her graduation from a degree program under subsection (a) of this section.

(2) The agreement under subdivision (c)(1) of this section shall include terms for repayment of the scholarship funds upon the breach of the agreement under § 17-101-205(d)(4) .

(d) This section shall not be construed to require the department to endow or award any scholarship.

(e) Scholarships awarded under this section are contingent upon the availability of funds.

Added by Act 2023, No. 706,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 2-40-504 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-504
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 59, eff. 8/1/2017. Acts 1981, No. 271, § 4; A.S.A. 1947, § 78-464.

Repealed by Act 2017, No. 1011,§ 59, eff. 8/1/2017.

Acts 1981, No. 271, § 4; A.S.A. 1947, § 78-464.
Ark. Code Ann. § 2-17-237 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-237
Discontinuance of business
Status: in_force

(a) Any person operating a public grain warehouse who desires to discontinue the operation at the expiration of his or her license or whose license is suspended, revoked, or cancelled by the Public Grain Warehouse Commissioner or his or her designated representative shall notify the commissioner, all holders of warehouse receipts, and all parties storing grain in the public grain warehouse, if known, or if not known, by advertising in the newspaper of largest general circulation in the community in which the public grain warehouse is located weekly for four (4) consecutive weeks, at least thirty (30) days before the date of expiration of his or her license, of his or her intention to discontinue the public grain warehouse business. (b) The owners of the grain shall remove or cause to be removed their grain from the public grain warehouse before the expiration of the license. Acts 1979, No. 83, § 24; A.S.A. 1947, § 77-1324.

(a) Any person operating a public grain warehouse who desires to discontinue the operation at the expiration of his or her license or whose license is suspended, revoked, or cancelled by the Public Grain Warehouse Commissioner or his or her designated representative shall notify the commissioner, all holders of warehouse receipts, and all parties storing grain in the public grain warehouse, if known, or if not known, by advertising in the newspaper of largest general circulation in the community in which the public grain warehouse is located weekly for four (4) consecutive weeks, at least thirty (30) days before the date of expiration of his or her license, of his or her intention to discontinue the public grain warehouse business.

(b) The owners of the grain shall remove or cause to be removed their grain from the public grain warehouse before the expiration of the license.

Acts 1979, No. 83, § 24; A.S.A. 1947, § 77-1324.
Ark. Code Ann. § 2-3-101 — AR Code / Title 2 / Chapter 3 / Section 2-3-101
[Suspended See Note] Title
Status: in_force

This chapter may be cited as the "Arkansas Agricultural Foreign Investment Act". Acts 1979, No. 1096, § 1; A.S.A. 1947, § 77-2201. 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 .

This chapter may be cited as the "Arkansas Agricultural Foreign Investment Act".

Acts 1979, No. 1096, § 1; A.S.A. 1947, § 77-2201.

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. § 2-40-207 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-207
Costs of on-the-farm calfhood vaccinations
Status: in_force

The costs of on-the-farm calfhood vaccination performed by the Arkansas Livestock and Poultry Commission shall be paid from state or federal funds. Nothing herein shall be construed to prohibit a livestock owner from contracting with and compensating a veterinarian for vaccinating his or her livestock. Veterinarians shall not charge both the livestock owner and the state or federal government for the same calfhood vaccination. Acts 1985, No. 150, § 7; 1985, No. 151, § 7; A.S.A. 1947, § 78-479; Acts 1989 (1st Ex. Sess.), No. 192, § 27.

The costs of on-the-farm calfhood vaccination performed by the Arkansas Livestock and Poultry Commission shall be paid from state or federal funds. Nothing herein shall be construed to prohibit a livestock owner from contracting with and compensating a veterinarian for vaccinating his or her livestock. Veterinarians shall not charge both the livestock owner and the state or federal government for the same calfhood vaccination.

Acts 1985, No. 150, § 7; 1985, No. 151, § 7; A.S.A. 1947, § 78-479; Acts 1989 (1st Ex. Sess.), No. 192, § 27.
Ark. Code Ann. § 2-3-110 — AR Code / Title 2 / Chapter 3 / Section 2-3-110
[Suspended See Note] Agricultural land used for nonfarming purposes and mineral leases
Status: in_force

(a) The restrictions set forth in this chapter do not apply to agricultural land acquired by a foreign party for immediate or potential use for nonfarming purposes. (b) A foreign party who acquires agricultural land for nonfarming purposes shall not be required to make a filing or report under this chapter. (c) (1) A foreign party who acquires agricultural land under subsection (a) of this section and later uses the agricultural land for farming purposes shall register as required in this chapter within sixty (60) days of the change in use. (2) Failure to register ownership for the use of agricultural land for farming purposes under subdivision (c)(1) of this section shall be subject to actions as provided in §§ 2-3-106 and 2-3-107 . (d) The restrictions set forth in this chapter do not apply and no reporting requirement attaches to leases or other conveyances granting the right to explore for and produce the oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land, and oil, gas, coal, lignite, brine, and other mineral or royalty interests regardless of type or duration, easements, or tracts of land reasonably necessary for the extraction of oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land. Acts 1979, No. 1096, § 10; A.S.A. 1947, § 77-2210; Acts 2009, No. 643, §§ 1, 2. Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .

(a) The restrictions set forth in this chapter do not apply to agricultural land acquired by a foreign party for immediate or potential use for nonfarming purposes.

(b) A foreign party who acquires agricultural land for nonfarming purposes shall not be required to make a filing or report under this chapter.

(c) (1) A foreign party who acquires agricultural land under subsection (a) of this section and later uses the agricultural land for farming purposes shall register as required in this chapter within sixty (60) days of the change in use. (2) Failure to register ownership for the use of agricultural land for farming purposes under subdivision (c)(1) of this section shall be subject to actions as provided in §§ 2-3-106 and 2-3-107 .

(1) A foreign party who acquires agricultural land under subsection (a) of this section and later uses the agricultural land for farming purposes shall register as required in this chapter within sixty (60) days of the change in use.

(2) Failure to register ownership for the use of agricultural land for farming purposes under subdivision (c)(1) of this section shall be subject to actions as provided in §§ 2-3-106 and 2-3-107 .

(d) The restrictions set forth in this chapter do not apply and no reporting requirement attaches to leases or other conveyances granting the right to explore for and produce the oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land, and oil, gas, coal, lignite, brine, and other mineral or royalty interests regardless of type or duration, easements, or tracts of land reasonably necessary for the extraction of oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land.

Acts 1979, No. 1096, § 10; A.S.A. 1947, § 77-2210; Acts 2009, No. 643, §§ 1, 2.

Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
Ark. Code Ann. § 2-40-502 — AR Code / Title 2 / Chapter 40 / Subchapter 5 / Section 2-40-502
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 57, eff. 8/1/2017. Acts 1981, No. 271, §§ 1-3, 11; 1985, No. 150, § 6; 1985, No. 151, § 6; A.S.A. 1947, §§ 78-461 -- 78-463; Acts 1995, No. 19, § 1; 1995, No. 142, § 1.

Repealed by Act 2017, No. 1011,§ 57, eff. 8/1/2017.

Acts 1981, No. 271, §§ 1-3, 11; 1985, No. 150, § 6; 1985, No. 151, § 6; A.S.A. 1947, §§ 78-461 -- 78-463; Acts 1995, No. 19, § 1; 1995, No. 142, § 1.
Ark. Code Ann. § 2-40-405 — AR Code / Title 2 / Chapter 40 / Subchapter 4 / Section 2-40-405
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 55, eff. 8/1/2017. Acts 1985, No. 168, § 4; A.S.A. 1947, § 78-415.4.

Repealed by Act 2017, No. 1011,§ 55, eff. 8/1/2017.

Acts 1985, No. 168, § 4; A.S.A. 1947, § 78-415.4.
Ark. Code Ann. § 2-16-206 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-206
State Plant Board
Status: in_force

(a) There is created and established a State Plant Board, composed of nineteen (19) members, as follows: (1) Two (2) nonvoting members designated by the Vice President for Agriculture of the University of Arkansas or his or her designee; (2) A practical cotton grower, actively or principally engaged, currently or previously, in the production of cotton, to be appointed by the Governor and confirmed by the Senate; (3) One (1) member to represent the fertilizer industry, who is actively or principally engaged, currently or previously, in the agricultural fertilizer industry, shall be appointed by the Governor and confirmed by the Senate; (4) A practical rice grower, actively or principally engaged, currently or previously, in the production of rice, to be appointed by the Governor and confirmed by the Senate; (5) One (1) member to represent horticulture, nurseryman, ornamental production, or lawn care industries, who is actively or principally engaged, currently or previously, in horticulture, nurseryman, ornamental production, or lawn care industries, to be appointed by the Governor and confirmed by the Senate; (6) A practical corn, peanut, sorghum, turf, or wheat grower, actively or principally engaged, currently or previously, in the production of corn, peanuts, sorghum, turf, or wheat, to be appointed by the Governor and confirmed by the Senate; (7) A practical soybean grower, actively or principally engaged, currently or previously, in the production of soybeans, to be appointed by the Governor and confirmed by the Senate; (8) One (1) member to represent the pest control industry, who is actively or principally engaged, currently or previously, in the pest control industry as a licensed pest control operator in Arkansas, shall be appointed by the Governor and confirmed by the Senate; (9) One (1) member to represent seed dealers, who is actively or principally engaged, currently or previously, in the seed dealer industry as a seed dealer in Arkansas, to be appointed by the Governor and confirmed by the Senate; (10) One (1) member to represent seed growers, who is actively or principally engaged, currently or previously, in the seed grower industry as a seed grower in Arkansas, to be appointed by the Governor and confirmed by the Senate; (11) One (1) member to represent the retail or wholesale fuel industry, who is actively or principally engaged, currently or previously, in the retail or wholesale fuel industry in Arkansas, shall be appointed by the Governor and confirmed by the Senate; (12) One (1) member who is actively or principally engaged, currently or previously, in the agricultural pesticide industry in Arkansas, shall be appointed by the Governor and confirmed by the Senate; (13) One (1) member to represent the agricultural aviation industry, who is actively or principally engaged, currently or previously, in the agricultural aviation industry in Arkansas, to be appointed by the Governor and confirmed by the Senate; (14) One (1) member representing the timber and forest products sector, who is actively or principally engaged, currently or previously, in the timber and forest products sector, shall be appointed by the Governor and confirmed by the Senate; (15) Two (2) farmers actively or principally engaged, currently or previously, in the production of corn, cotton, peanuts, rice, sorghum, soybeans, turf, or wheat in this state, appointed by the Governor and confirmed by the Senate; (16) A practical livestock producer, actively or principally engaged, currently or previously, in the production of livestock, to be appointed by the Governor and confirmed by the Senate; and (17) A practical forage grower, actively or principally engaged, currently or previously, in the production of forage, to be appointed by the Governor and confirmed by the Senate. (b) (1) Board members shall serve a term of five (5) years or until such time as a successor has been elected or appointed as herein provided. (2) A majority of the voting members of the board shall constitute a quorum. (3) A majority vote of those members present shall be required for any action of the board to take place. (c) The chair and vice chair shall be elected by the members of the board. (d) Meetings of the board shall be called by the chair or by four (4) members of the board. (e) The members shall serve without compensation but may receive expense reimbursements and stipends in accordance with § 25-16-901 et seq. (f) Each congressional district shall be represented by membership on the board. (g) A vacancy arising in the membership of the board for any reason other than expiration of the term for which the member was appointed shall be filled by appointment by the Governor and be effective until the expiration of the term of the member who created the vacancy, subject to the confirmation of the Senate when it is next in session. Amended by Act 2023, No. 691,§ 20, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 19, eff. 7/1/2023. Amended by Act 2023, No. 135,§ 1, eff. 2/24/2023. Amended by Act 2021, No. 361,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 1056,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 591,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 591,§ 1, eff. 8/16/2013. Acts 1917, No. 414, § 3; C. & M. Dig., § 8026; Acts 1929, No. 197, § 1; 1931, No. 73, § 2; 1935, No. 97, § 1; Pope's Dig., § 12335; Acts 1953, No. 408, § 1; 1955, No. 239, § 1; 1961, No. 144, § 1; 1967, No. 77, § 1; 1971, No. 276, § 1; 1975, No. 409, § 1; A.S.A. 1947, § 77-103; Acts 1997, No. 250, § 2.

(a) There is created and established a State Plant Board, composed of nineteen (19) members, as follows: (1) Two (2) nonvoting members designated by the Vice President for Agriculture of the University of Arkansas or his or her designee; (2) A practical cotton grower, actively or principally engaged, currently or previously, in the production of cotton, to be appointed by the Governor and confirmed by the Senate; (3) One (1) member to represent the fertilizer industry, who is actively or principally engaged, currently or previously, in the agricultural fertilizer industry, shall be appointed by the Governor and confirmed by the Senate; (4) A practical rice grower, actively or principally engaged, currently or previously, in the production of rice, to be appointed by the Governor and confirmed by the Senate; (5) One (1) member to represent horticulture, nurseryman, ornamental production, or lawn care industries, who is actively or principally engaged, currently or previously, in horticulture, nurseryman, ornamental production, or lawn care industries, to be appointed by the Governor and confirmed by the Senate; (6) A practical corn, peanut, sorghum, turf, or wheat grower, actively or principally engaged, currently or previously, in the production of corn, peanuts, sorghum, turf, or wheat, to be appointed by the Governor and confirmed by the Senate; (7) A practical soybean grower, actively or principally engaged, currently or previously, in the production of soybeans, to be appointed by the Governor and confirmed by the Senate; (8) One (1) member to represent the pest control industry, who is actively or principally engaged, currently or previously, in the pest control industry as a licensed pest control operator in Arkansas, shall be appointed by the Governor and confirmed by the Senate; (9) One (1) member to represent seed dealers, who is actively or principally engaged, currently or previously, in the seed dealer industry as a seed dealer in Arkansas, to be appointed by the Governor and confirmed by the Senate; (10) One (1) member to represent seed growers, who is actively or principally engaged, currently or previously, in the seed grower industry as a seed grower in Arkansas, to be appointed by the Governor and confirmed by the Senate; (11) One (1) member to represent the retail or wholesale fuel industry, who is actively or principally engaged, currently or previously, in the retail or wholesale fuel industry in Arkansas, shall be appointed by the Governor and confirmed by the Senate; (12) One (1) member who is actively or principally engaged, currently or previously, in the agricultural pesticide industry in Arkansas, shall be appointed by the Governor and confirmed by the Senate; (13) One (1) member to represent the agricultural aviation industry, who is actively or principally engaged, currently or previously, in the agricultural aviation industry in Arkansas, to be appointed by the Governor and confirmed by the Senate; (14) One (1) member representing the timber and forest products sector, who is actively or principally engaged, currently or previously, in the timber and forest products sector, shall be appointed by the Governor and confirmed by the Senate; (15) Two (2) farmers actively or principally engaged, currently or previously, in the production of corn, cotton, peanuts, rice, sorghum, soybeans, turf, or wheat in this state, appointed by the Governor and confirmed by the Senate; (16) A practical livestock producer, actively or principally engaged, currently or previously, in the production of livestock, to be appointed by the Governor and confirmed by the Senate; and (17) A practical forage grower, actively or principally engaged, currently or previously, in the production of forage, to be appointed by the Governor and confirmed by the Senate.

(1) Two (2) nonvoting members designated by the Vice President for Agriculture of the University of Arkansas or his or her designee;

(2) A practical cotton grower, actively or principally engaged, currently or previously, in the production of cotton, to be appointed by the Governor and confirmed by the Senate;

(3) One (1) member to represent the fertilizer industry, who is actively or principally engaged, currently or previously, in the agricultural fertilizer industry, shall be appointed by the Governor and confirmed by the Senate;

(4) A practical rice grower, actively or principally engaged, currently or previously, in the production of rice, to be appointed by the Governor and confirmed by the Senate;

(5) One (1) member to represent horticulture, nurseryman, ornamental production, or lawn care industries, who is actively or principally engaged, currently or previously, in horticulture, nurseryman, ornamental production, or lawn care industries, to be appointed by the Governor and confirmed by the Senate;

(6) A practical corn, peanut, sorghum, turf, or wheat grower, actively or principally engaged, currently or previously, in the production of corn, peanuts, sorghum, turf, or wheat, to be appointed by the Governor and confirmed by the Senate;

(7) A practical soybean grower, actively or principally engaged, currently or previously, in the production of soybeans, to be appointed by the Governor and confirmed by the Senate;

(8) One (1) member to represent the pest control industry, who is actively or principally engaged, currently or previously, in the pest control industry as a licensed pest control operator in Arkansas, shall be appointed by the Governor and confirmed by the Senate;

(9) One (1) member to represent seed dealers, who is actively or principally engaged, currently or previously, in the seed dealer industry as a seed dealer in Arkansas, to be appointed by the Governor and confirmed by the Senate;

(10) One (1) member to represent seed growers, who is actively or principally engaged, currently or previously, in the seed grower industry as a seed grower in Arkansas, to be appointed by the Governor and confirmed by the Senate;

(11) One (1) member to represent the retail or wholesale fuel industry, who is actively or principally engaged, currently or previously, in the retail or wholesale fuel industry in Arkansas, shall be appointed by the Governor and confirmed by the Senate;

(12) One (1) member who is actively or principally engaged, currently or previously, in the agricultural pesticide industry in Arkansas, shall be appointed by the Governor and confirmed by the Senate;

(13) One (1) member to represent the agricultural aviation industry, who is actively or principally engaged, currently or previously, in the agricultural aviation industry in Arkansas, to be appointed by the Governor and confirmed by the Senate;

(14) One (1) member representing the timber and forest products sector, who is actively or principally engaged, currently or previously, in the timber and forest products sector, shall be appointed by the Governor and confirmed by the Senate;

(15) Two (2) farmers actively or principally engaged, currently or previously, in the production of corn, cotton, peanuts, rice, sorghum, soybeans, turf, or wheat in this state, appointed by the Governor and confirmed by the Senate;

(16) A practical livestock producer, actively or principally engaged, currently or previously, in the production of livestock, to be appointed by the Governor and confirmed by the Senate; and

(17) A practical forage grower, actively or principally engaged, currently or previously, in the production of forage, to be appointed by the Governor and confirmed by the Senate.

(b) (1) Board members shall serve a term of five (5) years or until such time as a successor has been elected or appointed as herein provided. (2) A majority of the voting members of the board shall constitute a quorum. (3) A majority vote of those members present shall be required for any action of the board to take place.

(1) Board members shall serve a term of five (5) years or until such time as a successor has been elected or appointed as herein provided.

(2) A majority of the voting members of the board shall constitute a quorum.

(3) A majority vote of those members present shall be required for any action of the board to take place.

(c) The chair and vice chair shall be elected by the members of the board.

(d) Meetings of the board shall be called by the chair or by four (4) members of the board.

(e) The members shall serve without compensation but may receive expense reimbursements and stipends in accordance with § 25-16-901 et seq.

(f) Each congressional district shall be represented by membership on the board.

(g) A vacancy arising in the membership of the board for any reason other than expiration of the term for which the member was appointed shall be filled by appointment by the Governor and be effective until the expiration of the term of the member who created the vacancy, subject to the confirmation of the Senate when it is next in session.

Amended by Act 2023, No. 691,§ 20, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 19, eff. 7/1/2023.

Amended by Act 2023, No. 135,§ 1, eff. 2/24/2023.

Amended by Act 2021, No. 361,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 1056,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 591,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 591,§ 1, eff. 8/16/2013.

Acts 1917, No. 414, § 3; C. & M. Dig., § 8026; Acts 1929, No. 197, § 1; 1931, No. 73, § 2; 1935, No. 97, § 1; Pope's Dig., § 12335; Acts 1953, No. 408, § 1; 1955, No. 239, § 1; 1961, No. 144, § 1; 1967, No. 77, § 1; 1971, No. 276, § 1; 1975, No. 409, § 1; A.S.A. 1947, § 77-103; Acts 1997, No. 250, § 2.
Ark. Code Ann. § 2-35-402 — AR Code / Title 2 / Chapter 35 / Subchapter 4 / Section 2-35-402
Applicability
Status: in_force

(a) (1) The provisions of this subchapter shall remain in effect so long as the national beef promotion and research program established by the federal Beef Promotion and Research Act of 1985 and the administrative orders and rules issued under that act continue in effect. (2) If the program is terminated as a result of the referendum provided for in that act or for any other reason, the provisions of this subchapter shall expire. Thereafter, the provisions of § 2-35-301 et seq. concerning the levy and collection of an assessment on cattle sold in this state to support the Arkansas Beef Promotion and Research Program shall be enforced. (b) The provisions of this subchapter shall not repeal or modify the provisions of § 2-35-301 et seq., but the provisions of § 2-35-301 et seq., so far as they relate to the levy and collection of an assessment of twenty-five cents (25¢) per head on cattle sold in this state, shall be suspended until such time as the national beef promotion and research program is terminated. Acts 1987, No. 3, § 5.

(a) (1) The provisions of this subchapter shall remain in effect so long as the national beef promotion and research program established by the federal Beef Promotion and Research Act of 1985 and the administrative orders and rules issued under that act continue in effect. (2) If the program is terminated as a result of the referendum provided for in that act or for any other reason, the provisions of this subchapter shall expire. Thereafter, the provisions of § 2-35-301 et seq. concerning the levy and collection of an assessment on cattle sold in this state to support the Arkansas Beef Promotion and Research Program shall be enforced.

(1) The provisions of this subchapter shall remain in effect so long as the national beef promotion and research program established by the federal Beef Promotion and Research Act of 1985 and the administrative orders and rules issued under that act continue in effect.

(2) If the program is terminated as a result of the referendum provided for in that act or for any other reason, the provisions of this subchapter shall expire. Thereafter, the provisions of § 2-35-301 et seq. concerning the levy and collection of an assessment on cattle sold in this state to support the Arkansas Beef Promotion and Research Program shall be enforced.

(b) The provisions of this subchapter shall not repeal or modify the provisions of § 2-35-301 et seq., but the provisions of § 2-35-301 et seq., so far as they relate to the levy and collection of an assessment of twenty-five cents (25¢) per head on cattle sold in this state, shall be suspended until such time as the national beef promotion and research program is terminated.

Acts 1987, No. 3, § 5.
Ark. Code Ann. § 2-20-610 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-610
[Repealed]
Status: repealed

Repealed by Act 2023, No. 712,§ 6, eff. 7/1/2023. Acts 1995, No. 107, § 2.

Repealed by Act 2023, No. 712,§ 6, eff. 7/1/2023.

Acts 1995, No. 107, § 2.
Ark. Code Ann. § 2-32-201 — AR Code / Title 2 / Chapter 32 / Subchapter 2 / Section 2-32-201
Production contracts - Definitions
Status: in_force

(a) As used in this section: (1) "Contractor" shall have its common meaning within the industry and shall include a person or entity who owns livestock or poultry, or both, that are raised or cared for by a grower; (2) "Grower" shall have its common meaning within the industry and shall include a person engaged in the business of raising and caring for livestock or poultry, or both, in accordance with a production contract, marketing agreement, or other arrangement under which a person raises and cares for livestock or poultry, or both, whether the livestock and poultry are owned by the person or by another person or entity; (3) "Material risk" means: (A) The duration of the production contract; (B) The conditions for the termination of the production contract before the designated expiration of the production contract; and (C) The terms relating to payment to be made to the grower, including, when applicable: (i) The party liable for condemnations; (ii) The method for figuring feed conversion ratios; (iii) The method used to convert condemnations to live weight; (iv) The per-unit charges for feed and other inputs furnished by the contractor; and (v) The factors to be used when grouping or ranking growers; (4) "Production" shall have its common meaning within the industry and shall include raising and caring for livestock or poultry, or both, for processing for human consumption under the terms of a production contract; and (5) "Production contract" shall have its common meaning within the industry and shall include any written agreement that provides for the raising and care of livestock or poultry, or both, by a grower for processing for human consumption for a contractor. (b) A production contract shall: (1) Be written in a readable form and be accompanied by a clearly written disclosure statement, signed by the grower, setting forth the nature of the material risk faced by all growers if the growers enter into the production contract; (2) Be negotiated, entered into, and executed in an environment free from unfair or deceptive trade practices or other violations of law; (3) Not prohibit or discourage a grower from associating with other growers to compare production contract terms or to address concerns or problems; (4) Not prohibit or discourage growers from seeking professional, legal, financial, and agricultural production advice and counsel related to the production contract's terms, obligations, and responsibilities; (5) (A) Not deny a party to the production contract the ability to address a dispute in a court of competent jurisdiction. (B) If after a dispute arises, all parties to the production contract agree, then a dispute arising under the contract may be submitted to arbitration; and (6) Contain certain disclosure notices, including without limitation: (A) The notices required under 7 U.S.C. § 197a , as it existed on January 1, 2015; and (B) Notice that the grower's execution of the production contract establishes that the grower understands and acknowledges that additional large capital investments, including without limitation the purchase of additional equipment, the completion of improvements, and the upgrade of structures housing poultry or livestock, may be required of the grower during the term of the production contract. (c) (1) A production contract or a provision of a production contract that violates a provision of subsection (b) of this section is void and unenforceable. (2) This subsection shall not affect another provision of a production contract, including a contract or related document, policy, or agreement that can be given effect without the voided provision. (d) (1) A grower who suffers damages because of a contractor's violation of a provision of subsection (b) of this section may obtain appropriate legal and equitable relief, including, but not limited to, injunctive relief and any damages allowable by Arkansas law. (2) In a civil action against the contractor, the court may award the prevailing party reasonable attorney's fees and other litigation expenses. (e) This section applies to a production contract entered into on or after September 1, 2005. Amended by Act 2015, No. 1169,§ 1, eff. 4/7/2015. Acts 2005, No. 1253, § 1.

(a) As used in this section: (1) "Contractor" shall have its common meaning within the industry and shall include a person or entity who owns livestock or poultry, or both, that are raised or cared for by a grower; (2) "Grower" shall have its common meaning within the industry and shall include a person engaged in the business of raising and caring for livestock or poultry, or both, in accordance with a production contract, marketing agreement, or other arrangement under which a person raises and cares for livestock or poultry, or both, whether the livestock and poultry are owned by the person or by another person or entity; (3) "Material risk" means: (A) The duration of the production contract; (B) The conditions for the termination of the production contract before the designated expiration of the production contract; and (C) The terms relating to payment to be made to the grower, including, when applicable: (i) The party liable for condemnations; (ii) The method for figuring feed conversion ratios; (iii) The method used to convert condemnations to live weight; (iv) The per-unit charges for feed and other inputs furnished by the contractor; and (v) The factors to be used when grouping or ranking growers; (4) "Production" shall have its common meaning within the industry and shall include raising and caring for livestock or poultry, or both, for processing for human consumption under the terms of a production contract; and (5) "Production contract" shall have its common meaning within the industry and shall include any written agreement that provides for the raising and care of livestock or poultry, or both, by a grower for processing for human consumption for a contractor.

(1) "Contractor" shall have its common meaning within the industry and shall include a person or entity who owns livestock or poultry, or both, that are raised or cared for by a grower;

(2) "Grower" shall have its common meaning within the industry and shall include a person engaged in the business of raising and caring for livestock or poultry, or both, in accordance with a production contract, marketing agreement, or other arrangement under which a person raises and cares for livestock or poultry, or both, whether the livestock and poultry are owned by the person or by another person or entity;

(3) "Material risk" means: (A) The duration of the production contract; (B) The conditions for the termination of the production contract before the designated expiration of the production contract; and (C) The terms relating to payment to be made to the grower, including, when applicable: (i) The party liable for condemnations; (ii) The method for figuring feed conversion ratios; (iii) The method used to convert condemnations to live weight; (iv) The per-unit charges for feed and other inputs furnished by the contractor; and (v) The factors to be used when grouping or ranking growers;

(A) The duration of the production contract;

(B) The conditions for the termination of the production contract before the designated expiration of the production contract; and

(C) The terms relating to payment to be made to the grower, including, when applicable: (i) The party liable for condemnations; (ii) The method for figuring feed conversion ratios; (iii) The method used to convert condemnations to live weight; (iv) The per-unit charges for feed and other inputs furnished by the contractor; and (v) The factors to be used when grouping or ranking growers;

(i) The party liable for condemnations;

(ii) The method for figuring feed conversion ratios;

(iii) The method used to convert condemnations to live weight;

(iv) The per-unit charges for feed and other inputs furnished by the contractor; and

(v) The factors to be used when grouping or ranking growers;

(4) "Production" shall have its common meaning within the industry and shall include raising and caring for livestock or poultry, or both, for processing for human consumption under the terms of a production contract; and

(5) "Production contract" shall have its common meaning within the industry and shall include any written agreement that provides for the raising and care of livestock or poultry, or both, by a grower for processing for human consumption for a contractor.

(b) A production contract shall: (1) Be written in a readable form and be accompanied by a clearly written disclosure statement, signed by the grower, setting forth the nature of the material risk faced by all growers if the growers enter into the production contract; (2) Be negotiated, entered into, and executed in an environment free from unfair or deceptive trade practices or other violations of law; (3) Not prohibit or discourage a grower from associating with other growers to compare production contract terms or to address concerns or problems; (4) Not prohibit or discourage growers from seeking professional, legal, financial, and agricultural production advice and counsel related to the production contract's terms, obligations, and responsibilities; (5) (A) Not deny a party to the production contract the ability to address a dispute in a court of competent jurisdiction. (B) If after a dispute arises, all parties to the production contract agree, then a dispute arising under the contract may be submitted to arbitration; and (6) Contain certain disclosure notices, including without limitation: (A) The notices required under 7 U.S.C. § 197a , as it existed on January 1, 2015; and (B) Notice that the grower's execution of the production contract establishes that the grower understands and acknowledges that additional large capital investments, including without limitation the purchase of additional equipment, the completion of improvements, and the upgrade of structures housing poultry or livestock, may be required of the grower during the term of the production contract.

(1) Be written in a readable form and be accompanied by a clearly written disclosure statement, signed by the grower, setting forth the nature of the material risk faced by all growers if the growers enter into the production contract;

(2) Be negotiated, entered into, and executed in an environment free from unfair or deceptive trade practices or other violations of law;

(3) Not prohibit or discourage a grower from associating with other growers to compare production contract terms or to address concerns or problems;

(4) Not prohibit or discourage growers from seeking professional, legal, financial, and agricultural production advice and counsel related to the production contract's terms, obligations, and responsibilities;

(5) (A) Not deny a party to the production contract the ability to address a dispute in a court of competent jurisdiction. (B) If after a dispute arises, all parties to the production contract agree, then a dispute arising under the contract may be submitted to arbitration; and

(A) Not deny a party to the production contract the ability to address a dispute in a court of competent jurisdiction.

(B) If after a dispute arises, all parties to the production contract agree, then a dispute arising under the contract may be submitted to arbitration; and

(6) Contain certain disclosure notices, including without limitation: (A) The notices required under 7 U.S.C. § 197a , as it existed on January 1, 2015; and (B) Notice that the grower's execution of the production contract establishes that the grower understands and acknowledges that additional large capital investments, including without limitation the purchase of additional equipment, the completion of improvements, and the upgrade of structures housing poultry or livestock, may be required of the grower during the term of the production contract.

(A) The notices required under 7 U.S.C. § 197a , as it existed on January 1, 2015; and

(B) Notice that the grower's execution of the production contract establishes that the grower understands and acknowledges that additional large capital investments, including without limitation the purchase of additional equipment, the completion of improvements, and the upgrade of structures housing poultry or livestock, may be required of the grower during the term of the production contract.

(c) (1) A production contract or a provision of a production contract that violates a provision of subsection (b) of this section is void and unenforceable. (2) This subsection shall not affect another provision of a production contract, including a contract or related document, policy, or agreement that can be given effect without the voided provision.

(1) A production contract or a provision of a production contract that violates a provision of subsection (b) of this section is void and unenforceable.

(2) This subsection shall not affect another provision of a production contract, including a contract or related document, policy, or agreement that can be given effect without the voided provision.

(d) (1) A grower who suffers damages because of a contractor's violation of a provision of subsection (b) of this section may obtain appropriate legal and equitable relief, including, but not limited to, injunctive relief and any damages allowable by Arkansas law. (2) In a civil action against the contractor, the court may award the prevailing party reasonable attorney's fees and other litigation expenses.

(1) A grower who suffers damages because of a contractor's violation of a provision of subsection (b) of this section may obtain appropriate legal and equitable relief, including, but not limited to, injunctive relief and any damages allowable by Arkansas law.

(2) In a civil action against the contractor, the court may award the prevailing party reasonable attorney's fees and other litigation expenses.

(e) This section applies to a production contract entered into on or after September 1, 2005.

Amended by Act 2015, No. 1169,§ 1, eff. 4/7/2015.

Acts 2005, No. 1253, § 1.
Ark. Code Ann. § 2-15-203 — AR Code / Title 2 / Chapter 15 / Subchapter 2 / Section 2-15-203
Prohibition of rice with characteristics of commercial impact
Status: in_force

No person may introduce, sell, plant, produce, harvest, transport, store, process, or otherwise handle rice identified as having characteristics of commercial impact, except in compliance with this subchapter and the rules adopted by the State Plant Board. Acts 2005, No. 1238, § 1.

No person may introduce, sell, plant, produce, harvest, transport, store, process, or otherwise handle rice identified as having characteristics of commercial impact, except in compliance with this subchapter and the rules adopted by the State Plant Board.

Acts 2005, No. 1238, § 1.
Ark. Code Ann. § 2-15-510 — AR Code / Title 2 / Chapter 15 / Subchapter 5 / Section 2-15-510
Testing
Status: in_force

(a) (1) Chemical analysis shall be conducted in accordance with methods validated for use by ongoing documentation or internal or interlaboratory performance using known reference standards for the analyte or analytical specimens of interest and meeting one (1) or more of the following criteria: (A) Endorsement or publication by reputable technical organizations; (B) Publication in a peer-reviewed journal with sufficient documentation to establish analytical performance and interpretation of results; or (C) Documentation of internal or interlaboratory comparison to an accepted methodology or protocol. (2) The testing methodology shall report total available tetrahydrocannabinol. (b) (1) Any test with a corresponding measurement of uncertainty exceeding the maximum permissible total available tetrahydrocannabinol concentration is conclusive evidence that the lot represented by the sample is not in compliance with this subchapter. (2) (A) Noncompliant hemp plants are subject to seizure or disposal, or both, by the Department of Agriculture or any law enforcement officer. (B) The department may also require the grower to destroy noncompliant plants in compliance with this subchapter. (c) Samples of industrial hemp plant material from one (1) lot shall not be commingled with industrial hemp plant material from other lots. Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.

(a) (1) Chemical analysis shall be conducted in accordance with methods validated for use by ongoing documentation or internal or interlaboratory performance using known reference standards for the analyte or analytical specimens of interest and meeting one (1) or more of the following criteria: (A) Endorsement or publication by reputable technical organizations; (B) Publication in a peer-reviewed journal with sufficient documentation to establish analytical performance and interpretation of results; or (C) Documentation of internal or interlaboratory comparison to an accepted methodology or protocol. (2) The testing methodology shall report total available tetrahydrocannabinol.

(1) Chemical analysis shall be conducted in accordance with methods validated for use by ongoing documentation or internal or interlaboratory performance using known reference standards for the analyte or analytical specimens of interest and meeting one (1) or more of the following criteria: (A) Endorsement or publication by reputable technical organizations; (B) Publication in a peer-reviewed journal with sufficient documentation to establish analytical performance and interpretation of results; or (C) Documentation of internal or interlaboratory comparison to an accepted methodology or protocol.

(A) Endorsement or publication by reputable technical organizations;

(B) Publication in a peer-reviewed journal with sufficient documentation to establish analytical performance and interpretation of results; or

(C) Documentation of internal or interlaboratory comparison to an accepted methodology or protocol.

(2) The testing methodology shall report total available tetrahydrocannabinol.

(b) (1) Any test with a corresponding measurement of uncertainty exceeding the maximum permissible total available tetrahydrocannabinol concentration is conclusive evidence that the lot represented by the sample is not in compliance with this subchapter. (2) (A) Noncompliant hemp plants are subject to seizure or disposal, or both, by the Department of Agriculture or any law enforcement officer. (B) The department may also require the grower to destroy noncompliant plants in compliance with this subchapter.

(1) Any test with a corresponding measurement of uncertainty exceeding the maximum permissible total available tetrahydrocannabinol concentration is conclusive evidence that the lot represented by the sample is not in compliance with this subchapter.

(2) (A) Noncompliant hemp plants are subject to seizure or disposal, or both, by the Department of Agriculture or any law enforcement officer. (B) The department may also require the grower to destroy noncompliant plants in compliance with this subchapter.

(A) Noncompliant hemp plants are subject to seizure or disposal, or both, by the Department of Agriculture or any law enforcement officer.

(B) The department may also require the grower to destroy noncompliant plants in compliance with this subchapter.

(c) Samples of industrial hemp plant material from one (1) lot shall not be commingled with industrial hemp plant material from other lots.

Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 2-21-109 — AR Code / Title 2 / Chapter 21 / Section 2-21-109
Expiration of licenses
Status: in_force

(a) Licenses shall be issued on an annual basis. (b) The date of expiration of the licenses shall be set by the State Plant Board in its rules and regulations made under this chapter. Acts 1919, No. 683, § 4; C. & M. Dig., § 8005; Acts 1937, No. 203, § 1; Pope's Dig., § 12329; Acts 1963, No. 118, § 1; A.S.A. 1947, § 77-403.

(a) Licenses shall be issued on an annual basis.

(b) The date of expiration of the licenses shall be set by the State Plant Board in its rules and regulations made under this chapter.

Acts 1919, No. 683, § 4; C. & M. Dig., § 8005; Acts 1937, No. 203, § 1; Pope's Dig., § 12329; Acts 1963, No. 118, § 1; A.S.A. 1947, § 77-403.
Ark. Code Ann. § 2-7-310 — AR Code / Title 2 / Chapter 7 / Subchapter 3 / Section 2-7-310
Release of creditor - Effective period
Status: in_force

(a) The Director of the Arkansas Farm Mediation Program shall issue a release upon request to any creditor who has paid any required fees and: (1) Who has attended an initial mediation meeting under § 2-7-301 or § 2-7-307 ; (2) Who has served a mediation notice on the farmer and the farmer has not requested mediation within the time allowed; (3) When the farmer has waived mediation with respect to that creditor or the agricultural property at issue; (4) When the agricultural property has been abandoned by the farmer; (5) In the discretion of the director if the default is other than monetary; (6) When ordered to do so by a court upon a finding by the court that mediation would be unduly burdensome and an extreme hardship on the creditor; (7) Upon the failure of a farmer to appear at a scheduled mediation meeting; or (8) As otherwise provided by rule. (b) A release is effective as to any proceeding commenced or continued or any action taken one (1) year or less after its date of issuance, but a release is not effective as to any proceeding commenced or action taken more than one (1) year after its date of issuance. Acts 1989, No. 829, § 8.

(a) The Director of the Arkansas Farm Mediation Program shall issue a release upon request to any creditor who has paid any required fees and: (1) Who has attended an initial mediation meeting under § 2-7-301 or § 2-7-307 ; (2) Who has served a mediation notice on the farmer and the farmer has not requested mediation within the time allowed; (3) When the farmer has waived mediation with respect to that creditor or the agricultural property at issue; (4) When the agricultural property has been abandoned by the farmer; (5) In the discretion of the director if the default is other than monetary; (6) When ordered to do so by a court upon a finding by the court that mediation would be unduly burdensome and an extreme hardship on the creditor; (7) Upon the failure of a farmer to appear at a scheduled mediation meeting; or (8) As otherwise provided by rule.

(1) Who has attended an initial mediation meeting under § 2-7-301 or § 2-7-307 ;

(2) Who has served a mediation notice on the farmer and the farmer has not requested mediation within the time allowed;

(3) When the farmer has waived mediation with respect to that creditor or the agricultural property at issue;

(4) When the agricultural property has been abandoned by the farmer;

(5) In the discretion of the director if the default is other than monetary;

(6) When ordered to do so by a court upon a finding by the court that mediation would be unduly burdensome and an extreme hardship on the creditor;

(7) Upon the failure of a farmer to appear at a scheduled mediation meeting; or

(8) As otherwise provided by rule.

(b) A release is effective as to any proceeding commenced or continued or any action taken one (1) year or less after its date of issuance, but a release is not effective as to any proceeding commenced or action taken more than one (1) year after its date of issuance.

Acts 1989, No. 829, § 8.
Ark. Code Ann. § 2-2-110 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-110
Bylaws - Amendment of articles or bylaws
Status: in_force

(a) (1) Each association incorporated under this subchapter must adopt for its government and management a code of bylaws not inconsistent with the articles of association or the powers granted in this subchapter. (2) A majority vote of the incorporators and members or stockholders or their written assent is necessary to adopt the bylaws. (3) Each association under its bylaws may provide without limitation for any or all of the following matters: (A) The time, place, and manner of calling and conducting its meetings; (B) The number of stockholders or members constituting a quorum; (C) (i) The right of members or stockholders to vote; and (ii) The conditions, manner, form, and effect of such votes; (D) The number of directors constituting a quorum; (E) (i) The qualifications, duties, and terms of office of directors and officers; (ii) The time of their election; and (iii) The mode and manner of giving notice thereof; (F) Penalties for violations of the bylaws; (G) The form and manner of amendment of bylaws; (H) (i) The amount of entrance, organization, and membership fees, if any; (ii) The manner and method of collection of the fees; and (iii) The purposes for which they may be used; (I) (i) 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; (ii) 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 (iii) The producing, marketing, renting, leasing, or other contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and (J) (i) The qualifications of members or stockholders of the association and the conditions precedent to membership or ownership of common and preferred stock; (ii) The method, time, and manner of permitting members to withdraw; (iii) The manner of assignment and transfer of the interest of members and of the shares of common and preferred stock; (iv) The conditions upon which and the time when membership of any member shall cease; (v) The mode, manner, and effect of the expulsion of a member; (vi) The manner of determining the value of a member's or stockholder's interest and the 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; (vii) The method, time, and manner of allotment and distribution of surpluses; (viii) The manner and method of removal from office of any officer or director of the association; and (ix) The manner and method of filling vacancies. (b) (1) For the purpose of amending the articles of association or for the purpose of amending the bylaws of the association, or for both purposes, a quorum for any stockholders' meeting for all associations organized under this subchapter shall be members or voting stockholders representing five percent (5%) of the voting power of the association who shall be present in person or voting by proxy. (2) As to all other association business, the quorum established by the stockholders or members as authorized in subdivision (a)(3)(B) of this section, which may include members or stockholders voting in person or by proxy, shall govern. (c) For the purpose of amending articles of association or for the purpose of amending bylaws of the association, or for both purposes, a majority vote of the votes cast at a meeting at which a quorum is present, in person or by proxy, shall be sufficient to adopt amendments. Acts 1939, No. 153, § 10; 1963, No. 90, § 1; 1983, No. 163, § 1; A.S.A. 1947, § 77-1010.

(a) (1) Each association incorporated under this subchapter must adopt for its government and management a code of bylaws not inconsistent with the articles of association or the powers granted in this subchapter. (2) A majority vote of the incorporators and members or stockholders or their written assent is necessary to adopt the bylaws. (3) Each association under its bylaws may provide without limitation for any or all of the following matters: (A) The time, place, and manner of calling and conducting its meetings; (B) The number of stockholders or members constituting a quorum; (C) (i) The right of members or stockholders to vote; and (ii) The conditions, manner, form, and effect of such votes; (D) The number of directors constituting a quorum; (E) (i) The qualifications, duties, and terms of office of directors and officers; (ii) The time of their election; and (iii) The mode and manner of giving notice thereof; (F) Penalties for violations of the bylaws; (G) The form and manner of amendment of bylaws; (H) (i) The amount of entrance, organization, and membership fees, if any; (ii) The manner and method of collection of the fees; and (iii) The purposes for which they may be used; (I) (i) 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; (ii) 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 (iii) The producing, marketing, renting, leasing, or other contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and (J) (i) The qualifications of members or stockholders of the association and the conditions precedent to membership or ownership of common and preferred stock; (ii) The method, time, and manner of permitting members to withdraw; (iii) The manner of assignment and transfer of the interest of members and of the shares of common and preferred stock; (iv) The conditions upon which and the time when membership of any member shall cease; (v) The mode, manner, and effect of the expulsion of a member; (vi) The manner of determining the value of a member's or stockholder's interest and the 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; (vii) The method, time, and manner of allotment and distribution of surpluses; (viii) The manner and method of removal from office of any officer or director of the association; and (ix) The manner and method of filling vacancies.

(1) Each association incorporated under this subchapter must adopt for its government and management a code of bylaws not inconsistent with the articles of association or the powers granted in this subchapter.

(2) A majority vote of the incorporators and members or stockholders or their written assent is necessary to adopt the bylaws.

(3) Each association under its bylaws may provide without limitation for any or all of the following matters: (A) The time, place, and manner of calling and conducting its meetings; (B) The number of stockholders or members constituting a quorum; (C) (i) The right of members or stockholders to vote; and (ii) The conditions, manner, form, and effect of such votes; (D) The number of directors constituting a quorum; (E) (i) The qualifications, duties, and terms of office of directors and officers; (ii) The time of their election; and (iii) The mode and manner of giving notice thereof; (F) Penalties for violations of the bylaws; (G) The form and manner of amendment of bylaws; (H) (i) The amount of entrance, organization, and membership fees, if any; (ii) The manner and method of collection of the fees; and (iii) The purposes for which they may be used; (I) (i) 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; (ii) 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 (iii) The producing, marketing, renting, leasing, or other contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and (J) (i) The qualifications of members or stockholders of the association and the conditions precedent to membership or ownership of common and preferred stock; (ii) The method, time, and manner of permitting members to withdraw; (iii) The manner of assignment and transfer of the interest of members and of the shares of common and preferred stock; (iv) The conditions upon which and the time when membership of any member shall cease; (v) The mode, manner, and effect of the expulsion of a member; (vi) The manner of determining the value of a member's or stockholder's interest and the 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; (vii) The method, time, and manner of allotment and distribution of surpluses; (viii) The manner and method of removal from office of any officer or director of the association; and (ix) The manner and method of filling vacancies.

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

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

(C) (i) The right of members or stockholders to vote; and (ii) The conditions, manner, form, and effect of such votes;

(i) The right of members or stockholders to vote; and

(ii) The conditions, manner, form, and effect of such votes;

(D) The number of directors constituting a quorum;

(E) (i) The qualifications, duties, and terms of office of directors and officers; (ii) The time of their election; and (iii) The mode and manner of giving notice thereof;

(i) The qualifications, duties, and terms of office of directors and officers;

(ii) The time of their election; and

(iii) The mode and manner of giving notice thereof;

(F) Penalties for violations of the bylaws;

(G) The form and manner of amendment of bylaws;

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

(i) The amount of entrance, organization, and membership fees, if any;

(ii) The manner and method of collection of the fees; and

(iii) The purposes for which they may be used;

(I) (i) 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; (ii) 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 (iii) The producing, marketing, renting, leasing, or other contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and

(i) 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;

(ii) 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

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

(J) (i) The qualifications of members or stockholders of the association and the conditions precedent to membership or ownership of common and preferred stock; (ii) The method, time, and manner of permitting members to withdraw; (iii) The manner of assignment and transfer of the interest of members and of the shares of common and preferred stock; (iv) The conditions upon which and the time when membership of any member shall cease; (v) The mode, manner, and effect of the expulsion of a member; (vi) The manner of determining the value of a member's or stockholder's interest and the 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; (vii) The method, time, and manner of allotment and distribution of surpluses; (viii) The manner and method of removal from office of any officer or director of the association; and (ix) The manner and method of filling vacancies.

(i) The qualifications of members or stockholders of the association and the conditions precedent to membership or ownership of common and preferred stock;

(ii) The method, time, and manner of permitting members to withdraw;

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

(iv) The conditions upon which and the time when membership of any member shall cease;

(v) The mode, manner, and effect of the expulsion of a member;

(vi) The manner of determining the value of a member's or stockholder's interest and the 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;

(vii) The method, time, and manner of allotment and distribution of surpluses;

(viii) The manner and method of removal from office of any officer or director of the association; and

(ix) The manner and method of filling vacancies.

(b) (1) For the purpose of amending the articles of association or for the purpose of amending the bylaws of the association, or for both purposes, a quorum for any stockholders' meeting for all associations organized under this subchapter shall be members or voting stockholders representing five percent (5%) of the voting power of the association who shall be present in person or voting by proxy. (2) As to all other association business, the quorum established by the stockholders or members as authorized in subdivision (a)(3)(B) of this section, which may include members or stockholders voting in person or by proxy, shall govern.

(1) For the purpose of amending the articles of association or for the purpose of amending the bylaws of the association, or for both purposes, a quorum for any stockholders' meeting for all associations organized under this subchapter shall be members or voting stockholders representing five percent (5%) of the voting power of the association who shall be present in person or voting by proxy.

(2) As to all other association business, the quorum established by the stockholders or members as authorized in subdivision (a)(3)(B) of this section, which may include members or stockholders voting in person or by proxy, shall govern.

(c) For the purpose of amending articles of association or for the purpose of amending bylaws of the association, or for both purposes, a majority vote of the votes cast at a meeting at which a quorum is present, in person or by proxy, shall be sufficient to adopt amendments.

Acts 1939, No. 153, § 10; 1963, No. 90, § 1; 1983, No. 163, § 1; A.S.A. 1947, § 77-1010.
Ark. Code Ann. § 2-17-213 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-213
Annual license fee
Status: in_force

Subsequent to the issuance of an initial license under this subchapter, every applicant shall pay an annual license fee based upon the capacity of the warehouse. The fee shall be determined by the Public Grain Warehouse Commissioner but shall be no less than two hundred fifty dollars ($250) nor more than eight hundred dollars ($800). Acts 1979, No. 83, § 7; A.S.A. 1947, § 77-1307; Acts 1993, No. 783, § 3.

Subsequent to the issuance of an initial license under this subchapter, every applicant shall pay an annual license fee based upon the capacity of the warehouse. The fee shall be determined by the Public Grain Warehouse Commissioner but shall be no less than two hundred fifty dollars ($250) nor more than eight hundred dollars ($800).

Acts 1979, No. 83, § 7; A.S.A. 1947, § 77-1307; Acts 1993, No. 783, § 3.
Ark. Code Ann. § 2-17-404 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-404
Date for hearing
Status: in_force

(a) When a petition is filed by the Public Grain Warehouse Commissioner under § 2-17-402 , the clerk of court shall set a date for hearing on the commissioner's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) days after the date the petition is filed. (b) (1) Copies of the petition, the notice of hearing, and the commissioner's plan of disposition shall be served upon the licensee and upon the surety company issuing the licensee's bond in the manner required for service of an original notice. (2) A delay in effecting service upon the licensee or surety shall not be cause for denying the appointment of a receiver and shall not be grounds for invalidating any action or proceeding in connection therewith. Acts 1983, No. 342, § 4; A.S.A. 1947, § 77-1346.

(a) When a petition is filed by the Public Grain Warehouse Commissioner under § 2-17-402 , the clerk of court shall set a date for hearing on the commissioner's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) days after the date the petition is filed.

(b) (1) Copies of the petition, the notice of hearing, and the commissioner's plan of disposition shall be served upon the licensee and upon the surety company issuing the licensee's bond in the manner required for service of an original notice. (2) A delay in effecting service upon the licensee or surety shall not be cause for denying the appointment of a receiver and shall not be grounds for invalidating any action or proceeding in connection therewith.

(1) Copies of the petition, the notice of hearing, and the commissioner's plan of disposition shall be served upon the licensee and upon the surety company issuing the licensee's bond in the manner required for service of an original notice.

(2) A delay in effecting service upon the licensee or surety shall not be cause for denying the appointment of a receiver and shall not be grounds for invalidating any action or proceeding in connection therewith.

Acts 1983, No. 342, § 4; A.S.A. 1947, § 77-1346.
Ark. Code Ann. § 2-1-101 — AR Code / Title 2 / Chapter 1 / Subchapter 1 / Section 2-1-101
Prohibition against center pivot irrigation discharge on interstate
Status: in_force

(a) It is unlawful for a person, sole proprietorship, partnership, or corporation that engages in irrigation of any farm or agricultural lands to intentionally permit or cause any center pivot irrigation water to be discharged onto the traveled portion of any interstate or state highway. (b) (1) A first violation of this section shall cause a warning to be issued. (2) Upon conviction of a second or subsequent offense, the offender shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250). (c) It is an affirmative defense to prosecution under this section that the discharge of center pivot irrigation waters onto an interstate or state highway resulted from winds of such intensity that no mechanical device that is intended to prevent spray from reaching the roadway could have prevented the spraying or that the discharge resulted from excessive rainfall that contributed to flooding of the roadway. Acts 2001, No. 1753, § 1; 2005, No. 1994, § 2.

(a) It is unlawful for a person, sole proprietorship, partnership, or corporation that engages in irrigation of any farm or agricultural lands to intentionally permit or cause any center pivot irrigation water to be discharged onto the traveled portion of any interstate or state highway.

(b) (1) A first violation of this section shall cause a warning to be issued. (2) Upon conviction of a second or subsequent offense, the offender shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

(1) A first violation of this section shall cause a warning to be issued.

(2) Upon conviction of a second or subsequent offense, the offender shall be guilty of a violation and punished by a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

(c) It is an affirmative defense to prosecution under this section that the discharge of center pivot irrigation waters onto an interstate or state highway resulted from winds of such intensity that no mechanical device that is intended to prevent spray from reaching the roadway could have prevented the spraying or that the discharge resulted from excessive rainfall that contributed to flooding of the roadway.

Acts 2001, No. 1753, § 1; 2005, No. 1994, § 2.
Ark. Code Ann. § 2-34-212 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-212
Transfers of registered brands
Status: in_force

(a) (1) Only brands appearing in the current edition of the State Brand Book and the supplements to the current edition of the State Brand Book shall be subject to sale, assignment, transfer, devise, or bequest, the same as other personal property. (2) (A) The transfer of title shall be recorded with the Arkansas Livestock and Poultry Commission. (B) The fee for recording a transfer of title shall be determined by the commission based on the costs of administering this section. (b) (1) All persons selling livestock branded with their brand recorded in a current edition of the State Brand Book or supplements to the current edition of the State Brand Book shall execute a written transfer of ownership to the purchaser. (2) If the purchaser suffers damages due to seller's failure to execute a written transfer of ownership, then the seller is liable for the damages decided upon by a court of competent jurisdiction. Amended by Act 2017, No. 1011,§ 31, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, §§ 10, 11; A.S.A. 1947, §§ 78-816, 78-817.

(a) (1) Only brands appearing in the current edition of the State Brand Book and the supplements to the current edition of the State Brand Book shall be subject to sale, assignment, transfer, devise, or bequest, the same as other personal property. (2) (A) The transfer of title shall be recorded with the Arkansas Livestock and Poultry Commission. (B) The fee for recording a transfer of title shall be determined by the commission based on the costs of administering this section.

(1) Only brands appearing in the current edition of the State Brand Book and the supplements to the current edition of the State Brand Book shall be subject to sale, assignment, transfer, devise, or bequest, the same as other personal property.

(2) (A) The transfer of title shall be recorded with the Arkansas Livestock and Poultry Commission. (B) The fee for recording a transfer of title shall be determined by the commission based on the costs of administering this section.

(A) The transfer of title shall be recorded with the Arkansas Livestock and Poultry Commission.

(B) The fee for recording a transfer of title shall be determined by the commission based on the costs of administering this section.

(b) (1) All persons selling livestock branded with their brand recorded in a current edition of the State Brand Book or supplements to the current edition of the State Brand Book shall execute a written transfer of ownership to the purchaser. (2) If the purchaser suffers damages due to seller's failure to execute a written transfer of ownership, then the seller is liable for the damages decided upon by a court of competent jurisdiction.

(1) All persons selling livestock branded with their brand recorded in a current edition of the State Brand Book or supplements to the current edition of the State Brand Book shall execute a written transfer of ownership to the purchaser.

(2) If the purchaser suffers damages due to seller's failure to execute a written transfer of ownership, then the seller is liable for the damages decided upon by a court of competent jurisdiction.

Amended by Act 2017, No. 1011,§ 31, eff. 8/1/2017.

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

Acts 1959, No. 179, §§ 10, 11; A.S.A. 1947, §§ 78-816, 78-817.