Ark. Code Ann. § 2-33-102 — AR Code / Title 2 / Chapter 33 / Subchapter 1 / Section 2-33-102
Members
Status: in_force

(a) (1) The Arkansas Livestock and Poultry Commission shall consist of nine (9) members who are residents and electors of this state to be appointed by the Governor by and with the advice and consent of the Senate for terms of five (5) years. (2) At least two (2) members of the commission shall be veterinarians, at least one (1) of whom shall be engaged primarily in large animal or food supply veterinary medicine. (3) The remaining members shall be actively engaged in the Arkansas livestock, dairy, or poultry industries. (b) Each congressional district shall be represented by membership on the commission. (c) The term of office shall commence on January 15 following the expiration date of the preceding term and shall end on January 14 of the fifth year following the year in which the term commenced. (d) Any vacancies arising in the membership of the commission for any reason other than expiration of the terms for which the members were appointed shall be filled by appointment by the Governor and be effective until the expiration of the terms, subject to the confirmation of the Senate. (e) Before entering upon his or her duties, each member of the commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter. (f) (1) Members of the commission shall receive no pay for their services. (2) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (g) (1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq. (2) The veterinary members of the commission under subdivision (a)(2) of this section shall be members of the committee. (3) The Chair of the Arkansas Livestock and Poultry Commission shall also designate an additional two (2) Arkansas licensed veterinarians who are engaged primarily in small animal veterinary medicine to serve on the committee. Amended by Act 2023, No. 691,§ 44, eff. 7/1/2023. Amended by Act 2023, No. 794,§ 1, eff. 4/12/2023. Amended by Act 2017, No. 1011,§ 1, eff. 8/1/2017. Acts 1963, No. 87, §§ 2-5; 1973, No. 725, § 1; 1983, No. 756, § 1; 1985, No. 302, § 1; A.S.A. 1947, §§ 78-302 -- 78-305; Acts 1997, No. 250, § 6.

(a) (1) The Arkansas Livestock and Poultry Commission shall consist of nine (9) members who are residents and electors of this state to be appointed by the Governor by and with the advice and consent of the Senate for terms of five (5) years. (2) At least two (2) members of the commission shall be veterinarians, at least one (1) of whom shall be engaged primarily in large animal or food supply veterinary medicine. (3) The remaining members shall be actively engaged in the Arkansas livestock, dairy, or poultry industries.

(1) The Arkansas Livestock and Poultry Commission shall consist of nine (9) members who are residents and electors of this state to be appointed by the Governor by and with the advice and consent of the Senate for terms of five (5) years.

(2) At least two (2) members of the commission shall be veterinarians, at least one (1) of whom shall be engaged primarily in large animal or food supply veterinary medicine.

(3) The remaining members shall be actively engaged in the Arkansas livestock, dairy, or poultry industries.

(b) Each congressional district shall be represented by membership on the commission.

(c) The term of office shall commence on January 15 following the expiration date of the preceding term and shall end on January 14 of the fifth year following the year in which the term commenced.

(d) Any vacancies arising in the membership of the commission for any reason other than expiration of the terms for which the members were appointed shall be filled by appointment by the Governor and be effective until the expiration of the terms, subject to the confirmation of the Senate.

(e) Before entering upon his or her duties, each member of the commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.

(f) (1) Members of the commission shall receive no pay for their services. (2) Members of the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(1) Members of the commission shall receive no pay for their services.

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

(g) (1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq. (2) The veterinary members of the commission under subdivision (a)(2) of this section shall be members of the committee. (3) The Chair of the Arkansas Livestock and Poultry Commission shall also designate an additional two (2) Arkansas licensed veterinarians who are engaged primarily in small animal veterinary medicine to serve on the committee.

(1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq.

(A) Rulemaking;

(B) Disciplinary issues;

(C) Ethical complaints; and

(D) Evaluation of applications under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq.

(2) The veterinary members of the commission under subdivision (a)(2) of this section shall be members of the committee.

(3) The Chair of the Arkansas Livestock and Poultry Commission shall also designate an additional two (2) Arkansas licensed veterinarians who are engaged primarily in small animal veterinary medicine to serve on the committee.

Amended by Act 2023, No. 691,§ 44, eff. 7/1/2023.

Amended by Act 2023, No. 794,§ 1, eff. 4/12/2023.

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

Acts 1963, No. 87, §§ 2-5; 1973, No. 725, § 1; 1983, No. 756, § 1; 1985, No. 302, § 1; A.S.A. 1947, §§ 78-302 -- 78-305; Acts 1997, No. 250, § 6.
Ark. Code Ann. § 2-40-1305 — AR Code / Title 2 / Chapter 40 / Subchapter 13 / Section 2-40-1305
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 78, eff. 8/1/2017. Acts 1993, No. 522, § 6.

Repealed by Act 2017, No. 1011,§ 78, eff. 8/1/2017.

Acts 1993, No. 522, § 6.
Ark. Code Ann. § 2-34-101 — AR Code / Title 2 / Chapter 34 / Subchapter 1 / Section 2-34-101
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 19, eff. 8/1/2017. Rev. Stat., ch. 93, § 1; C. & M. Dig., § 333; Pope's Dig., § 348; A.S.A. 1947, § 78-801.

Repealed by Act 2017, No. 1011,§ 19, eff. 8/1/2017.

Rev. Stat., ch. 93, § 1; C. & M. Dig., § 333; Pope's Dig., § 348; A.S.A. 1947, § 78-801.
Ark. Code Ann. § 2-23-107 — AR Code / Title 2 / Chapter 23 / Section 2-23-107
Investigation and report - Findings as evidence
Status: in_force

(a) When a complaint is made by a buyer against a dealer or labeler, the Secretary of the Department of Agriculture or his or her designee shall make a full and complete investigation of the matters complained of and at the conclusion of the investigation, report the findings and recommendations to the buyer and to the labeler by United States registered mail. (b) (1) The report of arbitration shall be binding upon all parties to the extent, if any, that they have so agreed: (A) In any contract governing the sale of the seed; or (B) Before the official filing of arbitration. (2) In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert such claim, as a counterclaim or defense in any action brought by the seller, at any time after the receipt of the report of arbitration. (3) (A) In litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the findings and conclusions of law and recommendations as to damages and costs as the court may see fit based upon all the evidence before the court. (B) The court may also take into account any findings with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the secretary's or his or her designee's ability to determine the facts of the case. Amended by Act 2023, No. 691,§ 40, eff. 7/1/2023. Acts 1991, No. 1024, § 2; 1999, No. 921, § 6.

(a) When a complaint is made by a buyer against a dealer or labeler, the Secretary of the Department of Agriculture or his or her designee shall make a full and complete investigation of the matters complained of and at the conclusion of the investigation, report the findings and recommendations to the buyer and to the labeler by United States registered mail.

(b) (1) The report of arbitration shall be binding upon all parties to the extent, if any, that they have so agreed: (A) In any contract governing the sale of the seed; or (B) Before the official filing of arbitration. (2) In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert such claim, as a counterclaim or defense in any action brought by the seller, at any time after the receipt of the report of arbitration. (3) (A) In litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the findings and conclusions of law and recommendations as to damages and costs as the court may see fit based upon all the evidence before the court. (B) The court may also take into account any findings with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the secretary's or his or her designee's ability to determine the facts of the case.

(1) The report of arbitration shall be binding upon all parties to the extent, if any, that they have so agreed: (A) In any contract governing the sale of the seed; or (B) Before the official filing of arbitration.

(A) In any contract governing the sale of the seed; or

(B) Before the official filing of arbitration.

(2) In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert such claim, as a counterclaim or defense in any action brought by the seller, at any time after the receipt of the report of arbitration.

(3) (A) In litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the findings and conclusions of law and recommendations as to damages and costs as the court may see fit based upon all the evidence before the court. (B) The court may also take into account any findings with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the secretary's or his or her designee's ability to determine the facts of the case.

(A) In litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the findings and conclusions of law and recommendations as to damages and costs as the court may see fit based upon all the evidence before the court.

(B) The court may also take into account any findings with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the secretary's or his or her designee's ability to determine the facts of the case.

Amended by Act 2023, No. 691,§ 40, eff. 7/1/2023.

Acts 1991, No. 1024, § 2; 1999, No. 921, § 6.
Ark. Code Ann. § 2-16-617 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-617
Failure to pay assessments - Extensions - Exemption
Status: in_force

(a) (1) A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this subchapter shall be subject to a per-acre penalty as established in the State Plant Board's rules in addition to the assessment. (2) A cotton grower who fails to pay all assessments, including penalties, within thirty (30) days' notice of penalty shall destroy any cotton plants growing on his or her acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and the public nuisance may be abated in the same manner as any public nuisance. (b) The Department of Agriculture may petition the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed, with all costs of destroying to be levied against the grower. This injunctive relief shall be available to the department notwithstanding the existence of any other legal remedy, and the department shall not be required to file a bond. (c) (1) In addition to any other remedies for the collection of assessments, including penalties, the department may secure a lien upon cotton subject to the assessments. (2) (A) If the cotton was grown on a cost-share basis, the lien may be perfected on the landowner's share and the grower's share of the cotton. (B) Any buyer of cotton shall take free of the lien if he or she has not received written notice of the lien from the department or if he or she has paid for the cotton by a check in which the department is named as joint payee. (3) The amount of the lien on the cotton shall reflect the landowner's and grower's proportionate share of the assessment. (d) (1) (A) No gins in the State of Arkansas shall gin any cotton for any cotton grower from Arkansas or from any other state unless and until that grower files with the respective gin a certificate of compliance issued by the department certifying that the grower has paid all fees, assessments, penalties, and costs imposed and required under this subchapter, unless a grower has been granted an extension by the department in compliance with subsection (e) of this section. (B) It is the responsibility of each grower to procure a certificate of compliance or proof that an exemption for compliance has been granted from the department by September 1 of each successive crop year and to file same with a gin. (2) (A) Any gin that gins cotton for any cotton grower who has not filed a current valid certificate of compliance issued by the department shall be assessed a penalty to be established by department rules. (B) Any cotton grower will be subject to having a lien placed on the following year's crop for any unpaid assessments or penalties incurred in the previous year. (e) (1) The board shall by rule establish a procedure in which a cotton grower can apply for exemption from payment of any assessment or penalty imposed in this section, on the basis that the payment of the assessment or the penalty will impose undue financial hardship on the grower, and shall prescribe the criteria to be used in determining undue financial hardship. (2) (A) Any cotton grower who wishes to request an exemption from payment of the assessment, or the penalty, or both, shall apply for the exemption on forms prescribed by the department. (B) A separate application must be filed for each calendar year for which the cotton grower seeks an exemption, and each such application shall contain information on which the grower relies to justify an exemption on the basis of undue financial hardship. (C) The application form shall include an oath or affirmation of the applicant as to the truth of all information contained in or accompanying the application. (3) (A) The department shall forward each completed exemption application form and any information accompanying the form to the cotton growers' organization certified under § 2-16-612 . (B) The certified cotton growers' organization shall determine whether each applicant qualifies for a hardship exemption based on the information contained in or accompanying the application form. (4) If the certified organization determines that the payment of the assessment or the penalty, or both, would impose undue financial hardship on a cotton grower who has applied for an exemption, the organization may: (A) Exempt the cotton grower from payment of the assessment or the penalty, or both; or (B) Permit the cotton grower to pay the assessment or penalty, or both, on an installment payment plan and prescribe the payment schedule. (5) Upon making a determination on any application for exemption, the certified organization shall notify the board of its determination, which shall be binding on the applicant. (6) Upon receipt of notice of a determination by the organization, the board shall promptly notify the affected cotton grower of the determination. (7) If an exemption is denied, the assessment and penalties for the year in which the application is made will be due at the time they would otherwise have been due if the application had not been filed or within thirty (30) days after the date the notice of the adverse determination is received by the cotton grower, whichever is later. Amended by Act 2023, No. 691,§ 33, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 32, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 31, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 30, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 29, eff. 7/1/2023. Acts 1991, No. 710, § 17; 1993, No. 854, § 6; 1995, No. 529, §§ 3, 4; 2003, No. 1726, § 2.

(a) (1) A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this subchapter shall be subject to a per-acre penalty as established in the State Plant Board's rules in addition to the assessment. (2) A cotton grower who fails to pay all assessments, including penalties, within thirty (30) days' notice of penalty shall destroy any cotton plants growing on his or her acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and the public nuisance may be abated in the same manner as any public nuisance.

(1) A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this subchapter shall be subject to a per-acre penalty as established in the State Plant Board's rules in addition to the assessment.

(2) A cotton grower who fails to pay all assessments, including penalties, within thirty (30) days' notice of penalty shall destroy any cotton plants growing on his or her acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and the public nuisance may be abated in the same manner as any public nuisance.

(b) The Department of Agriculture may petition the circuit court of the judicial circuit in which the public nuisance is located to have the nuisance condemned and destroyed, with all costs of destroying to be levied against the grower. This injunctive relief shall be available to the department notwithstanding the existence of any other legal remedy, and the department shall not be required to file a bond.

(c) (1) In addition to any other remedies for the collection of assessments, including penalties, the department may secure a lien upon cotton subject to the assessments. (2) (A) If the cotton was grown on a cost-share basis, the lien may be perfected on the landowner's share and the grower's share of the cotton. (B) Any buyer of cotton shall take free of the lien if he or she has not received written notice of the lien from the department or if he or she has paid for the cotton by a check in which the department is named as joint payee. (3) The amount of the lien on the cotton shall reflect the landowner's and grower's proportionate share of the assessment.

(1) In addition to any other remedies for the collection of assessments, including penalties, the department may secure a lien upon cotton subject to the assessments.

(2) (A) If the cotton was grown on a cost-share basis, the lien may be perfected on the landowner's share and the grower's share of the cotton. (B) Any buyer of cotton shall take free of the lien if he or she has not received written notice of the lien from the department or if he or she has paid for the cotton by a check in which the department is named as joint payee.

(A) If the cotton was grown on a cost-share basis, the lien may be perfected on the landowner's share and the grower's share of the cotton.

(B) Any buyer of cotton shall take free of the lien if he or she has not received written notice of the lien from the department or if he or she has paid for the cotton by a check in which the department is named as joint payee.

(3) The amount of the lien on the cotton shall reflect the landowner's and grower's proportionate share of the assessment.

(d) (1) (A) No gins in the State of Arkansas shall gin any cotton for any cotton grower from Arkansas or from any other state unless and until that grower files with the respective gin a certificate of compliance issued by the department certifying that the grower has paid all fees, assessments, penalties, and costs imposed and required under this subchapter, unless a grower has been granted an extension by the department in compliance with subsection (e) of this section. (B) It is the responsibility of each grower to procure a certificate of compliance or proof that an exemption for compliance has been granted from the department by September 1 of each successive crop year and to file same with a gin. (2) (A) Any gin that gins cotton for any cotton grower who has not filed a current valid certificate of compliance issued by the department shall be assessed a penalty to be established by department rules. (B) Any cotton grower will be subject to having a lien placed on the following year's crop for any unpaid assessments or penalties incurred in the previous year.

(1) (A) No gins in the State of Arkansas shall gin any cotton for any cotton grower from Arkansas or from any other state unless and until that grower files with the respective gin a certificate of compliance issued by the department certifying that the grower has paid all fees, assessments, penalties, and costs imposed and required under this subchapter, unless a grower has been granted an extension by the department in compliance with subsection (e) of this section. (B) It is the responsibility of each grower to procure a certificate of compliance or proof that an exemption for compliance has been granted from the department by September 1 of each successive crop year and to file same with a gin.

(A) No gins in the State of Arkansas shall gin any cotton for any cotton grower from Arkansas or from any other state unless and until that grower files with the respective gin a certificate of compliance issued by the department certifying that the grower has paid all fees, assessments, penalties, and costs imposed and required under this subchapter, unless a grower has been granted an extension by the department in compliance with subsection (e) of this section.

(B) It is the responsibility of each grower to procure a certificate of compliance or proof that an exemption for compliance has been granted from the department by September 1 of each successive crop year and to file same with a gin.

(2) (A) Any gin that gins cotton for any cotton grower who has not filed a current valid certificate of compliance issued by the department shall be assessed a penalty to be established by department rules. (B) Any cotton grower will be subject to having a lien placed on the following year's crop for any unpaid assessments or penalties incurred in the previous year.

(A) Any gin that gins cotton for any cotton grower who has not filed a current valid certificate of compliance issued by the department shall be assessed a penalty to be established by department rules.

(B) Any cotton grower will be subject to having a lien placed on the following year's crop for any unpaid assessments or penalties incurred in the previous year.

(e) (1) The board shall by rule establish a procedure in which a cotton grower can apply for exemption from payment of any assessment or penalty imposed in this section, on the basis that the payment of the assessment or the penalty will impose undue financial hardship on the grower, and shall prescribe the criteria to be used in determining undue financial hardship. (2) (A) Any cotton grower who wishes to request an exemption from payment of the assessment, or the penalty, or both, shall apply for the exemption on forms prescribed by the department. (B) A separate application must be filed for each calendar year for which the cotton grower seeks an exemption, and each such application shall contain information on which the grower relies to justify an exemption on the basis of undue financial hardship. (C) The application form shall include an oath or affirmation of the applicant as to the truth of all information contained in or accompanying the application. (3) (A) The department shall forward each completed exemption application form and any information accompanying the form to the cotton growers' organization certified under § 2-16-612 . (B) The certified cotton growers' organization shall determine whether each applicant qualifies for a hardship exemption based on the information contained in or accompanying the application form. (4) If the certified organization determines that the payment of the assessment or the penalty, or both, would impose undue financial hardship on a cotton grower who has applied for an exemption, the organization may: (A) Exempt the cotton grower from payment of the assessment or the penalty, or both; or (B) Permit the cotton grower to pay the assessment or penalty, or both, on an installment payment plan and prescribe the payment schedule. (5) Upon making a determination on any application for exemption, the certified organization shall notify the board of its determination, which shall be binding on the applicant. (6) Upon receipt of notice of a determination by the organization, the board shall promptly notify the affected cotton grower of the determination. (7) If an exemption is denied, the assessment and penalties for the year in which the application is made will be due at the time they would otherwise have been due if the application had not been filed or within thirty (30) days after the date the notice of the adverse determination is received by the cotton grower, whichever is later.

(1) The board shall by rule establish a procedure in which a cotton grower can apply for exemption from payment of any assessment or penalty imposed in this section, on the basis that the payment of the assessment or the penalty will impose undue financial hardship on the grower, and shall prescribe the criteria to be used in determining undue financial hardship.

(2) (A) Any cotton grower who wishes to request an exemption from payment of the assessment, or the penalty, or both, shall apply for the exemption on forms prescribed by the department. (B) A separate application must be filed for each calendar year for which the cotton grower seeks an exemption, and each such application shall contain information on which the grower relies to justify an exemption on the basis of undue financial hardship. (C) The application form shall include an oath or affirmation of the applicant as to the truth of all information contained in or accompanying the application.

(A) Any cotton grower who wishes to request an exemption from payment of the assessment, or the penalty, or both, shall apply for the exemption on forms prescribed by the department.

(B) A separate application must be filed for each calendar year for which the cotton grower seeks an exemption, and each such application shall contain information on which the grower relies to justify an exemption on the basis of undue financial hardship.

(C) The application form shall include an oath or affirmation of the applicant as to the truth of all information contained in or accompanying the application.

(3) (A) The department shall forward each completed exemption application form and any information accompanying the form to the cotton growers' organization certified under § 2-16-612 . (B) The certified cotton growers' organization shall determine whether each applicant qualifies for a hardship exemption based on the information contained in or accompanying the application form.

(A) The department shall forward each completed exemption application form and any information accompanying the form to the cotton growers' organization certified under § 2-16-612 .

(B) The certified cotton growers' organization shall determine whether each applicant qualifies for a hardship exemption based on the information contained in or accompanying the application form.

(4) If the certified organization determines that the payment of the assessment or the penalty, or both, would impose undue financial hardship on a cotton grower who has applied for an exemption, the organization may: (A) Exempt the cotton grower from payment of the assessment or the penalty, or both; or (B) Permit the cotton grower to pay the assessment or penalty, or both, on an installment payment plan and prescribe the payment schedule.

(A) Exempt the cotton grower from payment of the assessment or the penalty, or both; or

(B) Permit the cotton grower to pay the assessment or penalty, or both, on an installment payment plan and prescribe the payment schedule.

(5) Upon making a determination on any application for exemption, the certified organization shall notify the board of its determination, which shall be binding on the applicant.

(6) Upon receipt of notice of a determination by the organization, the board shall promptly notify the affected cotton grower of the determination.

(7) If an exemption is denied, the assessment and penalties for the year in which the application is made will be due at the time they would otherwise have been due if the application had not been filed or within thirty (30) days after the date the notice of the adverse determination is received by the cotton grower, whichever is later.

Amended by Act 2023, No. 691,§ 33, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 32, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 31, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 30, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 29, eff. 7/1/2023.

Acts 1991, No. 710, § 17; 1993, No. 854, § 6; 1995, No. 529, §§ 3, 4; 2003, No. 1726, § 2.
Ark. Code Ann. § 2-5-202 — AR Code / Title 2 / Chapter 5 / Subchapter 2 / Section 2-5-202
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Establish a voluntary certification program to provide high quality farm-raised bait and ornamental fish free of certain diseases, undesirable plants, undesirable animals, and other contaminants deemed injurious to the fish or fisheries; (2) Conduct programs to promote the use and sale of certified bait and ornamental fish raised in Arkansas; and (3) Provide state oversight of and funding from the beneficiaries of the program. Acts 2005, No. 1449, § 1.

The purpose of this subchapter is to:

(1) Establish a voluntary certification program to provide high quality farm-raised bait and ornamental fish free of certain diseases, undesirable plants, undesirable animals, and other contaminants deemed injurious to the fish or fisheries;

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

(3) Provide state oversight of and funding from the beneficiaries of the program.

Acts 2005, No. 1449, § 1.
Ark. Code Ann. § 2-2-430 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-430
Conversion to nonprofit corporate status
Status: in_force

(a) An association formed under this subchapter may elect to be governed by the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., by amending and restating its articles of incorporation to provide that it shall be so governed. (b) The election shall be approved upon receiving the affirmative vote of at least two-thirds (2/3) of the votes cast at any regular meeting, or at any special meeting called for that purpose, in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy, but the election once made shall be irrevocable. (c) The amended and restated articles of incorporation shall comply with and shall be filed under the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., and thereafter the association shall be governed by the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq. Acts 1997, No. 521, § 1.

(a) An association formed under this subchapter may elect to be governed by the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., by amending and restating its articles of incorporation to provide that it shall be so governed.

(b) The election shall be approved upon receiving the affirmative vote of at least two-thirds (2/3) of the votes cast at any regular meeting, or at any special meeting called for that purpose, in which members holding not less than fifty percent (50%) of the voting power of the association are represented in person or by proxy, but the election once made shall be irrevocable.

(c) The amended and restated articles of incorporation shall comply with and shall be filed under the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., and thereafter the association shall be governed by the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq.

Acts 1997, No. 521, § 1.
Ark. Code Ann. § 2-4-107 — AR Code / Title 2 / Chapter 4 / Section 2-4-107
Operation not to become nuisance
Status: in_force

(a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began. (b) (1) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. (2) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (A) Change in ownership or size; (B) Nonpermanent cessation or interruption of farming; (C) Participation in any government-sponsored agricultural program; (D) Employment of new technology; or (E) Change in the type of agricultural product produced. (c) (1) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation: (A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and (B) Employs methods or practices that are commonly or reasonably associated with agricultural production. (2) Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance. (d) The court may award expert fees, reasonable court costs, and reasonable attorney's fees to the prevailing party in any action brought to assert that an agricultural operation is a public or private nuisance. (e) The burden of proof in actions brought under this chapter is on the party who brings an action against an agricultural operation. Amended by Act 2023, No. 367,§ 1, eff. 8/1/2023. Acts 1981, No. 301, § 3; A.S.A. 1947, § 34-122; Acts 2005, No. 2257, § 5.

(a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began.

(b) (1) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. (2) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (A) Change in ownership or size; (B) Nonpermanent cessation or interruption of farming; (C) Participation in any government-sponsored agricultural program; (D) Employment of new technology; or (E) Change in the type of agricultural product produced.

(1) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.

(2) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (A) Change in ownership or size; (B) Nonpermanent cessation or interruption of farming; (C) Participation in any government-sponsored agricultural program; (D) Employment of new technology; or (E) Change in the type of agricultural product produced.

(A) Change in ownership or size;

(B) Nonpermanent cessation or interruption of farming;

(C) Participation in any government-sponsored agricultural program;

(D) Employment of new technology; or

(E) Change in the type of agricultural product produced.

(c) (1) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation: (A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and (B) Employs methods or practices that are commonly or reasonably associated with agricultural production. (2) Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance.

(1) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation: (A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and (B) Employs methods or practices that are commonly or reasonably associated with agricultural production.

(A) Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and

(B) Employs methods or practices that are commonly or reasonably associated with agricultural production.

(2) Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance.

(d) The court may award expert fees, reasonable court costs, and reasonable attorney's fees to the prevailing party in any action brought to assert that an agricultural operation is a public or private nuisance.

(e) The burden of proof in actions brought under this chapter is on the party who brings an action against an agricultural operation.

Amended by Act 2023, No. 367,§ 1, eff. 8/1/2023.

Acts 1981, No. 301, § 3; A.S.A. 1947, § 34-122; Acts 2005, No. 2257, § 5.
Ark. Code Ann. § 2-5-208 — AR Code / Title 2 / Chapter 5 / Subchapter 2 / Section 2-5-208
Intergovernmental cooperation
Status: in_force

In administering this subchapter, the Department of Agriculture shall cooperate to the fullest extent possible with other agencies of the state and the United States Government. Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023. Acts 2005, No. 1449, § 1; 2007, No. 827, § 2.

In administering this subchapter, the Department of Agriculture shall cooperate to the fullest extent possible with other agencies of the state and the United States Government.

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

Acts 2005, No. 1449, § 1; 2007, No. 827, § 2.
Ark. Code Ann. § 2-15-206 — AR Code / Title 2 / Chapter 15 / Subchapter 2 / Section 2-15-206
Violations - Notice
Status: in_force

(a) Upon receiving a complaint alleging that a person has violated this subchapter or a rule of the State Plant Board, the board shall provide notice to the person and an opportunity for the person to respond to the complaint. (b) If the board determines that the complaint warrants further action, the board shall notify the person in writing of the board's decision. (c) The board may seek injunctive relief, commence a civil action against the person, or seek other remedies provided by law. Acts 2005, No. 1238, § 1.

(a) Upon receiving a complaint alleging that a person has violated this subchapter or a rule of the State Plant Board, the board shall provide notice to the person and an opportunity for the person to respond to the complaint.

(b) If the board determines that the complaint warrants further action, the board shall notify the person in writing of the board's decision.

(c) The board may seek injunctive relief, commence a civil action against the person, or seek other remedies provided by law.

Acts 2005, No. 1238, § 1.
Ark. Code Ann. § 2-16-904 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-904
Compact administrator
Status: in_force

The Compact administrator for this state shall be the Director of the State Plant Board. Acts 2009, No. 401, § 1.

The Compact administrator for this state shall be the Director of the State Plant Board.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-33-306 — AR Code / Title 2 / Chapter 33 / Subchapter 3 / Section 2-33-306
Agreement with federal department
Status: in_force

The Arkansas Livestock and Poultry Commission is authorized to enter into a cooperative agreement with the United States Department of Agriculture whereby the commission will bill poultry and egg processors in Arkansas for poultry and egg grading and egg products inspection services performed by state and federal personnel and will collect charges for these services and remit a portion thereof to the United States Department of Agriculture for the services performed by personnel of the United States Department of Agriculture in accordance with the provisions of §§ 2-33-301 - 2-33-305 , 2-33-307 , and laws amendatory thereto. Acts 1975 (Extended Sess., 1976), No. 1216, § 1; A.S.A. 1947, § 78-320.1; reen. Acts 1987, No. 1025, § 1.

The Arkansas Livestock and Poultry Commission is authorized to enter into a cooperative agreement with the United States Department of Agriculture whereby the commission will bill poultry and egg processors in Arkansas for poultry and egg grading and egg products inspection services performed by state and federal personnel and will collect charges for these services and remit a portion thereof to the United States Department of Agriculture for the services performed by personnel of the United States Department of Agriculture in accordance with the provisions of §§ 2-33-301 - 2-33-305 , 2-33-307 , and laws amendatory thereto.

Acts 1975 (Extended Sess., 1976), No. 1216, § 1; A.S.A. 1947, § 78-320.1; reen. Acts 1987, No. 1025, § 1.
Ark. Code Ann. § 2-16-508 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-508
Civil remedies
Status: in_force

(a) Notwithstanding the criminal penalty for the violation of this subchapter, the existence or growth of Johnson grass in a Johnson grass control and eradication district is declared to be a public and common nuisance, and it is the duty of the prosecuting attorney in whose district the offense occurs to bring an action to enjoin the nuisance. (b) Any landowner whose land is adjacent to or within one hundred feet (100') of land on which the Johnson grass nuisance is permitted or maintained may bring a civil action for injunction against any person permitting or maintaining the nuisance and shall, in addition to injunctive relief, be entitled to recover double the actual damages sustained as a result of the nuisance as well as a reasonable attorney's fee and cost of bringing the action. Acts 1967, No. 186, § 10; 1975, No. 287, § 10; A.S.A. 1947, § 77-1710.

(a) Notwithstanding the criminal penalty for the violation of this subchapter, the existence or growth of Johnson grass in a Johnson grass control and eradication district is declared to be a public and common nuisance, and it is the duty of the prosecuting attorney in whose district the offense occurs to bring an action to enjoin the nuisance.

(b) Any landowner whose land is adjacent to or within one hundred feet (100') of land on which the Johnson grass nuisance is permitted or maintained may bring a civil action for injunction against any person permitting or maintaining the nuisance and shall, in addition to injunctive relief, be entitled to recover double the actual damages sustained as a result of the nuisance as well as a reasonable attorney's fee and cost of bringing the action.

Acts 1967, No. 186, § 10; 1975, No. 287, § 10; A.S.A. 1947, § 77-1710.
Ark. Code Ann. § 2-17-215 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-215
Suspension, cancellation, or revocation of licenses
Status: in_force

(a) If a public grain warehouseman is convicted of any crime involving fraud or deceit or if the Public Grain Warehouse Commissioner determines that any public grain warehouseman has violated any of the provisions of this subchapter or any of the rules adopted by the commissioner under this subchapter, the commissioner may suspend, cancel, or revoke the license of the public grain warehouseman. (b) (1) All proceedings for the suspension, cancellation, or revocation of licenses shall be before the commissioner. The proceedings shall be in accordance with rules which shall be adopted by the commissioner. (2) (A) No suspension, cancellation, or revocation of any license is lawful unless, before the institution of the proceedings, the commissioner has given notice by mail to the licensee of facts or conduct warranting the intended action and the licensee has been given an opportunity to show compliance with all lawful requirements for the retention of the license. (B) If the commissioner finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined. (C) (i) Whenever the commissioner shall suspend, cancel, or revoke any license, he or she shall prepare an order so providing which shall state the reason or reasons for the suspension, cancellation, or revocation. (ii) The order shall be sent by certified mail by the commissioner to the licensee at the address of the public grain warehouse licensed. (iii) Within thirty (30) days after service upon the licensee of the order, the licensee, if dissatisfied with the order of the commissioner, may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court. (c) In case a license issued to a public grain warehouseman expires or is suspended, revoked, or cancelled by the commissioner or his or her designated representative, the license shall be immediately returned to the commissioner, and the public grain warehouseman shall forthwith comply with the provisions of § 2-17-237 . Acts 1979, No. 83, § 13; A.S.A. 1947, § 77-1313.

(a) If a public grain warehouseman is convicted of any crime involving fraud or deceit or if the Public Grain Warehouse Commissioner determines that any public grain warehouseman has violated any of the provisions of this subchapter or any of the rules adopted by the commissioner under this subchapter, the commissioner may suspend, cancel, or revoke the license of the public grain warehouseman.

(b) (1) All proceedings for the suspension, cancellation, or revocation of licenses shall be before the commissioner. The proceedings shall be in accordance with rules which shall be adopted by the commissioner. (2) (A) No suspension, cancellation, or revocation of any license is lawful unless, before the institution of the proceedings, the commissioner has given notice by mail to the licensee of facts or conduct warranting the intended action and the licensee has been given an opportunity to show compliance with all lawful requirements for the retention of the license. (B) If the commissioner finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined. (C) (i) Whenever the commissioner shall suspend, cancel, or revoke any license, he or she shall prepare an order so providing which shall state the reason or reasons for the suspension, cancellation, or revocation. (ii) The order shall be sent by certified mail by the commissioner to the licensee at the address of the public grain warehouse licensed. (iii) Within thirty (30) days after service upon the licensee of the order, the licensee, if dissatisfied with the order of the commissioner, may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court.

(1) All proceedings for the suspension, cancellation, or revocation of licenses shall be before the commissioner. The proceedings shall be in accordance with rules which shall be adopted by the commissioner.

(2) (A) No suspension, cancellation, or revocation of any license is lawful unless, before the institution of the proceedings, the commissioner has given notice by mail to the licensee of facts or conduct warranting the intended action and the licensee has been given an opportunity to show compliance with all lawful requirements for the retention of the license. (B) If the commissioner finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined. (C) (i) Whenever the commissioner shall suspend, cancel, or revoke any license, he or she shall prepare an order so providing which shall state the reason or reasons for the suspension, cancellation, or revocation. (ii) The order shall be sent by certified mail by the commissioner to the licensee at the address of the public grain warehouse licensed. (iii) Within thirty (30) days after service upon the licensee of the order, the licensee, if dissatisfied with the order of the commissioner, may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court.

(A) No suspension, cancellation, or revocation of any license is lawful unless, before the institution of the proceedings, the commissioner has given notice by mail to the licensee of facts or conduct warranting the intended action and the licensee has been given an opportunity to show compliance with all lawful requirements for the retention of the license.

(B) If the commissioner finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly instituted and determined.

(C) (i) Whenever the commissioner shall suspend, cancel, or revoke any license, he or she shall prepare an order so providing which shall state the reason or reasons for the suspension, cancellation, or revocation. (ii) The order shall be sent by certified mail by the commissioner to the licensee at the address of the public grain warehouse licensed. (iii) Within thirty (30) days after service upon the licensee of the order, the licensee, if dissatisfied with the order of the commissioner, may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court.

(i) Whenever the commissioner shall suspend, cancel, or revoke any license, he or she shall prepare an order so providing which shall state the reason or reasons for the suspension, cancellation, or revocation.

(ii) The order shall be sent by certified mail by the commissioner to the licensee at the address of the public grain warehouse licensed.

(iii) Within thirty (30) days after service upon the licensee of the order, the licensee, if dissatisfied with the order of the commissioner, may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court.

(c) In case a license issued to a public grain warehouseman expires or is suspended, revoked, or cancelled by the commissioner or his or her designated representative, the license shall be immediately returned to the commissioner, and the public grain warehouseman shall forthwith comply with the provisions of § 2-17-237 .

Acts 1979, No. 83, § 13; A.S.A. 1947, § 77-1313.
Ark. Code Ann. § 2-21-101 — AR Code / Title 2 / Chapter 21 / Section 2-21-101
Title
Status: in_force

This chapter shall be known as the "Arkansas Nursery Fraud Act of 1919". Acts 1919, No. 683, § 1; C. & M. Dig., § 8002; Pope's Dig., § 12327; A.S.A. 1947, § 77-401.

This chapter shall be known as the "Arkansas Nursery Fraud Act of 1919".

Acts 1919, No. 683, § 1; C. & M. Dig., § 8002; Pope's Dig., § 12327; A.S.A. 1947, § 77-401.
Ark. Code Ann. § 2-38-117 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-117
Compensation for keeping strays
Status: in_force

(a) No person shall charge anything for keeping any equine that is worked or ridden while in the possession of the impounder. (b) For the keeping of other livestock, or any equine if not worked or ridden, the person impounding the livestock shall be entitled to a reasonable compensation to be adjudged by a court of competent jurisdiction before whom the owner proves his or her right of property. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 20; C. & M. Dig., § 293; Pope's Dig., § 307; A.S.A. 1947, § 78-1126.

(a) No person shall charge anything for keeping any equine that is worked or ridden while in the possession of the impounder.

(b) For the keeping of other livestock, or any equine if not worked or ridden, the person impounding the livestock shall be entitled to a reasonable compensation to be adjudged by a court of competent jurisdiction before whom the owner proves his or her right of property.

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

Rev. Stat., ch. 58, § 20; C. & M. Dig., § 293; Pope's Dig., § 307; A.S.A. 1947, § 78-1126.
Ark. Code Ann. § 2-2-423 — AR Code / Title 2 / Chapter 2 / Subchapter 4 / Section 2-2-423
Interest in other corporations
Status: in_force

(a) An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, with or without capital stock; and engage in preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of agricultural products handled by the association, or the by-products thereof. (b) (1) If the corporations are warehousing corporations, they may issue legal warehouse receipts to the association or to any other person and the legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented. (2) In case the warehouse is licensed or licensed and bonded under the laws of this state or the United States, its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association. Acts 1921, No. 116, § 21; Pope's Dig., § 2306; A.S.A. 1947, § 77-921.

(a) An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, with or without capital stock; and engage in preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of agricultural products handled by the association, or the by-products thereof.

(b) (1) If the corporations are warehousing corporations, they may issue legal warehouse receipts to the association or to any other person and the legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented. (2) In case the warehouse is licensed or licensed and bonded under the laws of this state or the United States, its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.

(1) If the corporations are warehousing corporations, they may issue legal warehouse receipts to the association or to any other person and the legal warehouse receipts shall be considered as adequate collateral to the extent of the current value of the commodity represented.

(2) In case the warehouse is licensed or licensed and bonded under the laws of this state or the United States, its warehouse receipt shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.

Acts 1921, No. 116, § 21; Pope's Dig., § 2306; A.S.A. 1947, § 77-921.
Ark. Code Ann. § 2-2-115 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-115
Matters referred to membership
Status: in_force

Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting. A special meeting may be called for that purpose. Acts 1939, No. 153, § 15; A.S.A. 1947, § 77-1015.

Upon demand of one-third (1/3) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting. A special meeting may be called for that purpose.

Acts 1939, No. 153, § 15; A.S.A. 1947, § 77-1015.
Ark. Code Ann. § 2-20-504 — AR Code / Title 2 / Chapter 20 / Subchapter 5 / Section 2-20-504
Penalties
Status: in_force

(a) (1) Any buyer who fails to file a report or pay any assessment within the required time set by the Secretary of the Department of Finance and Administration shall forfeit to the secretary a penalty of five percent (5%) of the assessment determined to be due plus one percent (1%) for each month of delay, or fraction of a month, after the first month after the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the secretary and shall be disposed of by him or her in the same manner as funds derived from the payment of the assessment imposed in this subchapter. (b) The secretary shall collect the penalty levied in this subchapter, together with the delinquent assessment, by any or all of the following methods: (1) Voluntary payment by the person liable; (2) Legal proceedings instituted in a court of competent jurisdiction; or (3) Injunctive relief to enjoin any buyer owing an assessment or penalty from operating his or her business or engaging in business as a buyer of rice until the delinquent assessment or penalty is paid. (c) (1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation. (2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500). Amended by Act 2019, No. 910,§ 3279, eff. 7/1/2019. Acts 1985, No. 725, § 5; A.S.A. 1947, § 77-2505; Acts 2005, No. 1994, § 15.

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

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

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

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

(1) Voluntary payment by the person liable;

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

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

(c) (1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation. (2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500).

(1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation.

(2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500).

Amended by Act 2019, No. 910,§ 3279, eff. 7/1/2019.

Acts 1985, No. 725, § 5; A.S.A. 1947, § 77-2505; Acts 2005, No. 1994, § 15.
Ark. Code Ann. § 2-15-412 — AR Code / Title 2 / Chapter 15 / Subchapter 4 / Section 2-15-412
[Repealed]
Status: repealed

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

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

Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 2-16-608 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-608
Reports
Status: in_force

Every person growing cotton in this state shall furnish to the Department of Agriculture, or its designated representative, on forms supplied by the department or its cooperators, such information as the department may require concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes. Amended by Act 2023, No. 691,§ 24, eff. 7/1/2023. Acts 1991, No. 710, § 6; 1993, No. 854, § 2.

Every person growing cotton in this state shall furnish to the Department of Agriculture, or its designated representative, on forms supplied by the department or its cooperators, such information as the department may require concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes.

Amended by Act 2023, No. 691,§ 24, eff. 7/1/2023.

Acts 1991, No. 710, § 6; 1993, No. 854, § 2.
Ark. Code Ann. § 2-24-103 — AR Code / Title 2 / Chapter 24 / Section 2-24-103
Administration - Exemption
Status: in_force

(a) The State Plant Board shall: (1) Administer this chapter; and (2) Create a publicly accessible database of: (A) Dealers licensed under this chapter; (B) Persons licensed under the United States Warehouse Act, 7 U.S.C. § 241 et seq.; and (C) Persons licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq. (b) An end user is exempt from the requirements of this chapter. Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.

(a) The State Plant Board shall: (1) Administer this chapter; and (2) Create a publicly accessible database of: (A) Dealers licensed under this chapter; (B) Persons licensed under the United States Warehouse Act, 7 U.S.C. § 241 et seq.; and (C) Persons licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.

(1) Administer this chapter; and

(2) Create a publicly accessible database of: (A) Dealers licensed under this chapter; (B) Persons licensed under the United States Warehouse Act, 7 U.S.C. § 241 et seq.; and (C) Persons licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.

(A) Dealers licensed under this chapter;

(B) Persons licensed under the United States Warehouse Act, 7 U.S.C. § 241 et seq.; and

(C) Persons licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.

(b) An end user is exempt from the requirements of this chapter.

Added by Act 2015, No. 601,§ 1, eff. 3/23/2015.
Ark. Code Ann. § 2-33-302 — AR Code / Title 2 / Chapter 33 / Subchapter 3 / Section 2-33-302
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 17, eff. 8/1/2017. Acts 1965, No. 49, § 4; A.S.A. 1947, § 78-319.

Repealed by Act 2017, No. 1011,§ 17, eff. 8/1/2017.

Acts 1965, No. 49, § 4; A.S.A. 1947, § 78-319.
Ark. Code Ann. § 2-16-405 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-405
Administration
Status: in_force

(a) This subchapter shall be administered by the State Plant Board. (b) The administrative functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or the department's authorized representatives on behalf of the board. Amended by Act 2019, No. 910,§ 23, eff. 7/1/2019. Acts 1975, No. 410, §§ 2, 20; A.S.A. 1947, §§ 77-228, 77-246.

(a) This subchapter shall be administered by the State Plant Board.

(b) The administrative functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or the department's authorized representatives on behalf of the board.

Amended by Act 2019, No. 910,§ 23, eff. 7/1/2019.

Acts 1975, No. 410, §§ 2, 20; A.S.A. 1947, §§ 77-228, 77-246.
Ark. Code Ann. § 2-37-103 — AR Code / Title 2 / Chapter 37 / Section 2-37-103
Definitions
Status: in_force

As used in this chapter: (a) "Board" means the State Plant Board. (b) "Brand name" means any word, name, symbol, device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. (c) "Commercial feed" means all materials or combination of materials which are distributed for use as feed or for mixing in feed, unless such materials are specifically exempted. Unmixed whole seeds, when such whole seeds are not adulterated, are exempt. The board by rule may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed with other materials, and are not adulterated. Feed supplied to contract feeders and feed ingredients supplied to integrated operators are not commercial feed and are therefore exempt if granted an exemption license in accordance with § 2-37-104 . Furthermore, exchanges of feed or feed ingredients between or among integrated operators, who have been granted an exemption license as provided in § 2-37-104 , are not commercial feed and are therefore not subject to the provisions of this chapter. The board by rule may exempt from this definition, or from certain provisions of this chapter certain pet food or specialty pet food. (d) "Contract feeder" means a person, who as an independent contractor, feeds animals under a contract whereby such feed is supplied, furnished, or otherwise provided such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product. (e) "Customer-formula feed" means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser. (f) "Distribute" means to offer for sale, sell, exchange, or barter, commercial feed. (g) "Distributor" means any person who distributes. (h) "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure of any function of the animal body. (i) "Feed ingredient" means each of the constituent materials making up a commercial feed. (j) "Integrated operator" means a person who contracts with a contract feeder to supply feed and pays that person based on all or in part by feed consumption, mortality, profits, or amount or quality of product produced. (k) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. (l) "Labeling" means all labels and other written, printed, or graphic matter (1) upon a commercial feed or any of its containers or wrapper or (2) accompanying such commercial feed. (m) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution. (n) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients. (o) "Official sample" means a sample of feed taken by the board or its agent in accordance with the provisions of § 2-37-111(c), (e), or (f) . (p) "Percent" or "percentages" means percentages by weights. (q) "Person" includes individual, partnership, corporation, and association. (r) "Pet" means any domesticated animal normally maintained in or near the households of the owners thereof. (s) "Pet food" means any commercial feed prepared and distributed for consumption by pets. (t) "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use. (u) "Quantity statement" means the net weight (mass), net volume (liquid or dry) or count. (v) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacines, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. (w) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets. (x) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois. Acts 1997, No. 726, § 3.

As used in this chapter:

(a) "Board" means the State Plant Board.

(b) "Brand name" means any word, name, symbol, device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.

(c) "Commercial feed" means all materials or combination of materials which are distributed for use as feed or for mixing in feed, unless such materials are specifically exempted. Unmixed whole seeds, when such whole seeds are not adulterated, are exempt. The board by rule may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed with other materials, and are not adulterated. Feed supplied to contract feeders and feed ingredients supplied to integrated operators are not commercial feed and are therefore exempt if granted an exemption license in accordance with § 2-37-104 . Furthermore, exchanges of feed or feed ingredients between or among integrated operators, who have been granted an exemption license as provided in § 2-37-104 , are not commercial feed and are therefore not subject to the provisions of this chapter. The board by rule may exempt from this definition, or from certain provisions of this chapter certain pet food or specialty pet food.

(d) "Contract feeder" means a person, who as an independent contractor, feeds animals under a contract whereby such feed is supplied, furnished, or otherwise provided such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product.

(e) "Customer-formula feed" means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser.

(f) "Distribute" means to offer for sale, sell, exchange, or barter, commercial feed.

(g) "Distributor" means any person who distributes.

(h) "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure of any function of the animal body.

(i) "Feed ingredient" means each of the constituent materials making up a commercial feed.

(j) "Integrated operator" means a person who contracts with a contract feeder to supply feed and pays that person based on all or in part by feed consumption, mortality, profits, or amount or quality of product produced.

(k) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.

(l) "Labeling" means all labels and other written, printed, or graphic matter (1) upon a commercial feed or any of its containers or wrapper or (2) accompanying such commercial feed.

(m) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution.

(n) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(o) "Official sample" means a sample of feed taken by the board or its agent in accordance with the provisions of § 2-37-111(c), (e), or (f) .

(p) "Percent" or "percentages" means percentages by weights.

(q) "Person" includes individual, partnership, corporation, and association.

(r) "Pet" means any domesticated animal normally maintained in or near the households of the owners thereof.

(s) "Pet food" means any commercial feed prepared and distributed for consumption by pets.

(t) "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use.

(u) "Quantity statement" means the net weight (mass), net volume (liquid or dry) or count.

(v) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacines, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.

(w) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.

(x) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois.

Acts 1997, No. 726, § 3.
Ark. Code Ann. § 2-40-1003 — AR Code / Title 2 / Chapter 40 / Subchapter 10 / Section 2-40-1003
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 74, eff. 8/1/2017. Acts 1899, No. 45, §§ 1, 2, p. 71; 1901, No. 13, § 1, p. 26; 1901, No. 59, § 1, p. 106; 1907, No. 104, § 1, p. 266; 1907, No. 409, §§ 10, 15, p. 1043; 1909, No. 255, § 1, p. 762; C. & M. Dig., §§ 357, 362, 378, 379; Pope's Dig., §§ 382, 387, 402, 403; A.S.A. 1947, §§ 78-408, 78-505, 78-506, 78-510.

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

Acts 1899, No. 45, §§ 1, 2, p. 71; 1901, No. 13, § 1, p. 26; 1901, No. 59, § 1, p. 106; 1907, No. 104, § 1, p. 266; 1907, No. 409, §§ 10, 15, p. 1043; 1909, No. 255, § 1, p. 762; C. & M. Dig., §§ 357, 362, 378, 379; Pope's Dig., §§ 382, 387, 402, 403; A.S.A. 1947, §§ 78-408, 78-505, 78-506, 78-510.
Ark. Code Ann. § 2-40-1006 — AR Code / Title 2 / Chapter 40 / Subchapter 10 / Section 2-40-1006
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 74, eff. 8/1/2017. Acts 1907, No. 409, §§ 12-14, p. 1043; C. & M. Dig., §§ 359-361; Pope's Dig., §§ 384-386; A.S.A. 1947, §§ 78-511 -- 78-513.

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

Acts 1907, No. 409, §§ 12-14, p. 1043; C. & M. Dig., §§ 359-361; Pope's Dig., §§ 384-386; A.S.A. 1947, §§ 78-511 -- 78-513.
Ark. Code Ann. § 2-20-205 — AR Code / Title 2 / Chapter 20 / Subchapter 2 / Section 2-20-205
Records of seed cotton
Status: in_force

(a) Every person or corporation owning or operating any cotton gin within this state shall make and keep in a well-bound book a record of all seed cotton purchased at or for the gin, which shall show the: (1) Name and address of the seller; (2) Amount of seed cotton purchased; (3) Date purchased; and (4) Purchase price. (b) The record shall be open at all times for inspection by any justice of the peace, constable, deputy constable, sheriff, deputy sheriff, prosecuting attorney, or deputy prosecuting attorney. Acts 1937, No. 318, § 1; Pope's Dig., § 3064; A.S.A. 1947, § 77-805.

(a) Every person or corporation owning or operating any cotton gin within this state shall make and keep in a well-bound book a record of all seed cotton purchased at or for the gin, which shall show the: (1) Name and address of the seller; (2) Amount of seed cotton purchased; (3) Date purchased; and (4) Purchase price.

(1) Name and address of the seller;

(2) Amount of seed cotton purchased;

(3) Date purchased; and

(4) Purchase price.

(b) The record shall be open at all times for inspection by any justice of the peace, constable, deputy constable, sheriff, deputy sheriff, prosecuting attorney, or deputy prosecuting attorney.

Acts 1937, No. 318, § 1; Pope's Dig., § 3064; A.S.A. 1947, § 77-805.
Ark. Code Ann. § 2-23-103 — AR Code / Title 2 / Chapter 23 / Section 2-23-103
Seed dealer or labeler may request investigation - Requirements
Status: in_force

(a) Any seed dealer or labeler against whom suit is brought in any state or federal court by a buyer who alleges that he or she has been damaged by the failure of seeds purchased from a seed dealer to perform as labeled, may request an investigation by the Department of Agriculture. (b) A filing fee of two hundred fifty dollars ($250) plus one dollar ($1.00) per acre filed on, not to exceed a total of seven hundred fifty dollars ($750), shall be paid by the party. Amended by Act 2023, No. 691,§ 36, eff. 7/1/2023. Acts 1991, No. 1024, § 2; 1999, No. 921, § 3.

(a) Any seed dealer or labeler against whom suit is brought in any state or federal court by a buyer who alleges that he or she has been damaged by the failure of seeds purchased from a seed dealer to perform as labeled, may request an investigation by the Department of Agriculture.

(b) A filing fee of two hundred fifty dollars ($250) plus one dollar ($1.00) per acre filed on, not to exceed a total of seven hundred fifty dollars ($750), shall be paid by the party.

Amended by Act 2023, No. 691,§ 36, eff. 7/1/2023.

Acts 1991, No. 1024, § 2; 1999, No. 921, § 3.
Ark. Code Ann. § 2-20-507 — AR Code / Title 2 / Chapter 20 / Subchapter 5 / Section 2-20-507
Assessments on grown rice
Status: in_force

(a) There are imposed and levied: (1) An assessment at the rate of one and thirty-five hundredths cents (1.35¢) per bushel to be paid by the buyer at the first point of sale, whether within or without the state, on rice grown within the state or at the point the rice enters into the United States Department of Agriculture loan program; and (2) An assessment at the rate of one and thirty-five hundredths cents (1.35¢) per bushel to be paid by the producer on all rice grown within this state. (b) The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from the buyer of rice at the first point of sale or at the point the rice enters into the United States Department of Agriculture loan program. (c) (1) The proceeds of the assessment, less not more than three percent (3%) to cover the cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the Arkansas Rice Research and Promotion Board to the credit of the board. (2) Disbursement shall be made only upon a motion duly passed by the board and presented to the Treasurer of State and only for a purpose prescribed in this subchapter. (d) (1) The funds derived from the assessment paid by a buyer at the first point of sale shall be used for: (A) Market development and promotion; (B) Basic administration expenses; and (C) Defraying the costs of referenda that the board may refer to buyers of rice. (2) The funds derived from the assessment paid by a producer shall be used for: (A) Rice extension and rice research; (B) Basic administration expenses; and (C) Defraying the costs of referenda that the board may refer to producers of rice. (3) Funds under subdivisions (d)(1) and (2) of this section may be applied within or without Arkansas, including regional, national, and international applications. Amended by Act 2019, No. 910,§ 3280, eff. 7/1/2019. Acts 1985, No. 725, § 4; A.S.A. 1947, § 77-2504; Acts 1999, No. 16, § 4; 2005, No. 852, § 1.

(a) There are imposed and levied: (1) An assessment at the rate of one and thirty-five hundredths cents (1.35¢) per bushel to be paid by the buyer at the first point of sale, whether within or without the state, on rice grown within the state or at the point the rice enters into the United States Department of Agriculture loan program; and (2) An assessment at the rate of one and thirty-five hundredths cents (1.35¢) per bushel to be paid by the producer on all rice grown within this state.

(1) An assessment at the rate of one and thirty-five hundredths cents (1.35¢) per bushel to be paid by the buyer at the first point of sale, whether within or without the state, on rice grown within the state or at the point the rice enters into the United States Department of Agriculture loan program; and

(2) An assessment at the rate of one and thirty-five hundredths cents (1.35¢) per bushel to be paid by the producer on all rice grown within this state.

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

(c) (1) The proceeds of the assessment, less not more than three percent (3%) to cover the cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the Arkansas Rice Research and Promotion Board to the credit of the board. (2) Disbursement shall be made only upon a motion duly passed by the board and presented to the Treasurer of State and only for a purpose prescribed in this subchapter.

(1) The proceeds of the assessment, less not more than three percent (3%) to cover the cost of collections, shall be deposited with the Treasurer of State in a special fund to be established for the Arkansas Rice Research and Promotion Board to the credit of the board.

(2) Disbursement shall be made only upon a motion duly passed by the board and presented to the Treasurer of State and only for a purpose prescribed in this subchapter.

(d) (1) The funds derived from the assessment paid by a buyer at the first point of sale shall be used for: (A) Market development and promotion; (B) Basic administration expenses; and (C) Defraying the costs of referenda that the board may refer to buyers of rice. (2) The funds derived from the assessment paid by a producer shall be used for: (A) Rice extension and rice research; (B) Basic administration expenses; and (C) Defraying the costs of referenda that the board may refer to producers of rice. (3) Funds under subdivisions (d)(1) and (2) of this section may be applied within or without Arkansas, including regional, national, and international applications.

(1) The funds derived from the assessment paid by a buyer at the first point of sale shall be used for: (A) Market development and promotion; (B) Basic administration expenses; and (C) Defraying the costs of referenda that the board may refer to buyers of rice.

(A) Market development and promotion;

(B) Basic administration expenses; and

(C) Defraying the costs of referenda that the board may refer to buyers of rice.

(2) The funds derived from the assessment paid by a producer shall be used for: (A) Rice extension and rice research; (B) Basic administration expenses; and (C) Defraying the costs of referenda that the board may refer to producers of rice.

(A) Rice extension and rice research;

(B) Basic administration expenses; and

(C) Defraying the costs of referenda that the board may refer to producers of rice.

(3) Funds under subdivisions (d)(1) and (2) of this section may be applied within or without Arkansas, including regional, national, and international applications.

Amended by Act 2019, No. 910,§ 3280, eff. 7/1/2019.

Acts 1985, No. 725, § 4; A.S.A. 1947, § 77-2504; Acts 1999, No. 16, § 4; 2005, No. 852, § 1.
Ark. Code Ann. § 2-19-407 — AR Code / Title 2 / Chapter 19 / Subchapter 4 / Section 2-19-407
Labeling requirements and approval of ingredients
Status: in_force

(a) Each container of a soil amendment shall be labeled on the face or display side in a readable and conspicuous form to show the following information: (1) The net weight of the contents; (2) The name of the product; (3) The guaranteed analysis, including the name and the percentage of each active ingredient and the percentage of inert ingredients; (4) A statement as to the purpose of the product; (5) Adequate directions for use such as application rates, cultural practices, and plants to be benefited; and (6) The name and address of the registrant. (b) Bulk lots shall be labeled by attaching a copy of the label to the invoice which shall be furnished the purchaser. (c) (1) (A) The State Plant Board may require proof of claims made for any soil amendment. (B) If no claims are made, the board may require proof of usefulness and value of the soil amendment. (2) (A) For evidence of proof, the board will rely on experimental data, evaluations, or advice supplied from such sources as the Arkansas Agricultural Experiment Station and the University of Arkansas Cooperative Extension Service. (B) All experimental results shall be related to Arkansas conditions for which the product is intended. (C) The board may accept or reject other sources of proof as additional evidence in evaluating soil amendments. (d) (1) (A) No soil-amending ingredient may be listed or guaranteed on the labels or labeling of soil amendments without board approval. (B) (i) The board may allow a soil-amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the board to substantiate the value and usefulness of the soil-amending ingredient. (ii) When a soil-amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis. (2) The board may prescribe methods and procedures of inspection and analysis of the soil-amending ingredient. (3) The board may stipulate, by rule, the quantities of the soil-amending ingredients required in soil amendments. Amended by Act 2019, No. 315,§ 17, eff. 7/24/2019. Acts 1977, No. 377, § 4; A.S.A. 1947, § 77-2104.

(a) Each container of a soil amendment shall be labeled on the face or display side in a readable and conspicuous form to show the following information: (1) The net weight of the contents; (2) The name of the product; (3) The guaranteed analysis, including the name and the percentage of each active ingredient and the percentage of inert ingredients; (4) A statement as to the purpose of the product; (5) Adequate directions for use such as application rates, cultural practices, and plants to be benefited; and (6) The name and address of the registrant.

(1) The net weight of the contents;

(2) The name of the product;

(3) The guaranteed analysis, including the name and the percentage of each active ingredient and the percentage of inert ingredients;

(4) A statement as to the purpose of the product;

(5) Adequate directions for use such as application rates, cultural practices, and plants to be benefited; and

(6) The name and address of the registrant.

(b) Bulk lots shall be labeled by attaching a copy of the label to the invoice which shall be furnished the purchaser.

(c) (1) (A) The State Plant Board may require proof of claims made for any soil amendment. (B) If no claims are made, the board may require proof of usefulness and value of the soil amendment. (2) (A) For evidence of proof, the board will rely on experimental data, evaluations, or advice supplied from such sources as the Arkansas Agricultural Experiment Station and the University of Arkansas Cooperative Extension Service. (B) All experimental results shall be related to Arkansas conditions for which the product is intended. (C) The board may accept or reject other sources of proof as additional evidence in evaluating soil amendments.

(1) (A) The State Plant Board may require proof of claims made for any soil amendment. (B) If no claims are made, the board may require proof of usefulness and value of the soil amendment.

(A) The State Plant Board may require proof of claims made for any soil amendment.

(B) If no claims are made, the board may require proof of usefulness and value of the soil amendment.

(2) (A) For evidence of proof, the board will rely on experimental data, evaluations, or advice supplied from such sources as the Arkansas Agricultural Experiment Station and the University of Arkansas Cooperative Extension Service. (B) All experimental results shall be related to Arkansas conditions for which the product is intended. (C) The board may accept or reject other sources of proof as additional evidence in evaluating soil amendments.

(A) For evidence of proof, the board will rely on experimental data, evaluations, or advice supplied from such sources as the Arkansas Agricultural Experiment Station and the University of Arkansas Cooperative Extension Service.

(B) All experimental results shall be related to Arkansas conditions for which the product is intended.

(C) The board may accept or reject other sources of proof as additional evidence in evaluating soil amendments.

(d) (1) (A) No soil-amending ingredient may be listed or guaranteed on the labels or labeling of soil amendments without board approval. (B) (i) The board may allow a soil-amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the board to substantiate the value and usefulness of the soil-amending ingredient. (ii) When a soil-amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis. (2) The board may prescribe methods and procedures of inspection and analysis of the soil-amending ingredient. (3) The board may stipulate, by rule, the quantities of the soil-amending ingredients required in soil amendments.

(1) (A) No soil-amending ingredient may be listed or guaranteed on the labels or labeling of soil amendments without board approval. (B) (i) The board may allow a soil-amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the board to substantiate the value and usefulness of the soil-amending ingredient. (ii) When a soil-amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis.

(A) No soil-amending ingredient may be listed or guaranteed on the labels or labeling of soil amendments without board approval.

(B) (i) The board may allow a soil-amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the board to substantiate the value and usefulness of the soil-amending ingredient. (ii) When a soil-amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis.

(i) The board may allow a soil-amending ingredient to be listed or guaranteed on the label or labeling if satisfactory supportive data is provided the board to substantiate the value and usefulness of the soil-amending ingredient.

(ii) When a soil-amending ingredient is permitted to be listed or guaranteed, it must be determinable by laboratory methods and is subject to inspection and analysis.

(2) The board may prescribe methods and procedures of inspection and analysis of the soil-amending ingredient.

(3) The board may stipulate, by rule, the quantities of the soil-amending ingredients required in soil amendments.

Amended by Act 2019, No. 315,§ 17, eff. 7/24/2019.

Acts 1977, No. 377, § 4; A.S.A. 1947, § 77-2104.
Ark. Code Ann. § 2-36-101 — AR Code / Title 2 / Chapter 36 / Subchapter 1 / Section 2-36-101
Fair-funding program
Status: in_force

(a) There is created within the Department of Agriculture a fair-funding program that shall be used to provide fair-funding assistance to junior livestock shows, county fairs, district fairs, and the Arkansas State Fair and Livestock Show. (b) The department shall utilize a historical average of total fair funding provided by the State of Arkansas to previous fair-funding recipients in determining an equitable distribution of available funding appropriated by the General Assembly. (c) (1) (A) A recipient of fair funding under the fair-funding program under subsection (a) of this section shall: (i) Maintain records of expenditures; and (ii) Submit an annual financial report to the department and to Arkansas Legislative Audit by the end of each calendar year. (B) A recipient of fair funding is subject to a decrease in future funding if the recipient of fair funding does not: (i) Submit an annual financial report as required under subdivision (c)(1)(A)(ii) of this section; or (ii) Provide proof of yearly continuing education requirements under guidance adopted by the department. (2) A recipient of fair funding under the fair-funding program established under subsection (a) of this section is subject to audit by Arkansas Legislative Audit. Amended by Act 2021, No. 700,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 1032, eff. 7/1/2019. Acts 1973, No. 317, §§ 6, 7; A.S.A. 1947, §§ 78-1615, 78-1616; Acts 1999, No. 1323, § 1; 2011, No. 776, § 2.

(a) There is created within the Department of Agriculture a fair-funding program that shall be used to provide fair-funding assistance to junior livestock shows, county fairs, district fairs, and the Arkansas State Fair and Livestock Show.

(b) The department shall utilize a historical average of total fair funding provided by the State of Arkansas to previous fair-funding recipients in determining an equitable distribution of available funding appropriated by the General Assembly.

(c) (1) (A) A recipient of fair funding under the fair-funding program under subsection (a) of this section shall: (i) Maintain records of expenditures; and (ii) Submit an annual financial report to the department and to Arkansas Legislative Audit by the end of each calendar year. (B) A recipient of fair funding is subject to a decrease in future funding if the recipient of fair funding does not: (i) Submit an annual financial report as required under subdivision (c)(1)(A)(ii) of this section; or (ii) Provide proof of yearly continuing education requirements under guidance adopted by the department. (2) A recipient of fair funding under the fair-funding program established under subsection (a) of this section is subject to audit by Arkansas Legislative Audit.

(1) (A) A recipient of fair funding under the fair-funding program under subsection (a) of this section shall: (i) Maintain records of expenditures; and (ii) Submit an annual financial report to the department and to Arkansas Legislative Audit by the end of each calendar year. (B) A recipient of fair funding is subject to a decrease in future funding if the recipient of fair funding does not: (i) Submit an annual financial report as required under subdivision (c)(1)(A)(ii) of this section; or (ii) Provide proof of yearly continuing education requirements under guidance adopted by the department.

(A) A recipient of fair funding under the fair-funding program under subsection (a) of this section shall: (i) Maintain records of expenditures; and (ii) Submit an annual financial report to the department and to Arkansas Legislative Audit by the end of each calendar year.

(i) Maintain records of expenditures; and

(ii) Submit an annual financial report to the department and to Arkansas Legislative Audit by the end of each calendar year.

(B) A recipient of fair funding is subject to a decrease in future funding if the recipient of fair funding does not: (i) Submit an annual financial report as required under subdivision (c)(1)(A)(ii) of this section; or (ii) Provide proof of yearly continuing education requirements under guidance adopted by the department.

(i) Submit an annual financial report as required under subdivision (c)(1)(A)(ii) of this section; or

(ii) Provide proof of yearly continuing education requirements under guidance adopted by the department.

(2) A recipient of fair funding under the fair-funding program established under subsection (a) of this section is subject to audit by Arkansas Legislative Audit.

Amended by Act 2021, No. 700,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 1032, eff. 7/1/2019.

Acts 1973, No. 317, §§ 6, 7; A.S.A. 1947, §§ 78-1615, 78-1616; Acts 1999, No. 1323, § 1; 2011, No. 776, § 2.
Ark. Code Ann. § 2-18-106 — AR Code / Title 2 / Chapter 18 / Section 2-18-106
Certificates of inspection
Status: in_force

(a) Persons whose seed has met the standards set up by the State Plant Board and who have complied with all the provisions of this chapter and with all the rules of the board made under this chapter shall receive from the board the proper certificate of inspection designating the classification of seed. (b) Each bag or other container of seed sold under the classification designated by a certificate of the board shall bear an appropriate tag or label securely attached to it. (c) Certificates issued under the provisions of this section shall run one (1) crop season only. Acts 1931, No. 73, § 6; Pope's Dig., § 12353; Acts 1985, No. 279, § 1; A.S.A. 1947, § 77-319.

(a) Persons whose seed has met the standards set up by the State Plant Board and who have complied with all the provisions of this chapter and with all the rules of the board made under this chapter shall receive from the board the proper certificate of inspection designating the classification of seed.

(b) Each bag or other container of seed sold under the classification designated by a certificate of the board shall bear an appropriate tag or label securely attached to it.

(c) Certificates issued under the provisions of this section shall run one (1) crop season only.

Acts 1931, No. 73, § 6; Pope's Dig., § 12353; Acts 1985, No. 279, § 1; A.S.A. 1947, § 77-319.
Ark. Code Ann. § 2-17-224 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-224
Copy of receipts
Status: in_force

At least one (1) copy of all receipts shall be made. All copies shall have clearly and conspicuously printed or stamped on them the words "COPY - NOT NEGOTIABLE". Acts 1979, No. 83, § 29; A.S.A. 1947, § 77-1329.

At least one (1) copy of all receipts shall be made. All copies shall have clearly and conspicuously printed or stamped on them the words "COPY - NOT NEGOTIABLE".

Acts 1979, No. 83, § 29; A.S.A. 1947, § 77-1329.
Ark. Code Ann. § 2-39-105 — AR Code / Title 2 / Chapter 39 / Section 2-39-105
Maintenance of division fences
Status: in_force

When any person encloses any land adjoining another's land already enclosed with a fence so that any part of the fence first made becomes the partition fence between them, then, in such case, the charge of the division fence, as far as it is enclosed on both sides, shall be equally borne and maintained by both parties. Rev. Stat., ch. 76, § 8; C. & M. Dig., § 4654; Pope's Dig., § 5743; A.S.A. 1947, § 78-1210.

When any person encloses any land adjoining another's land already enclosed with a fence so that any part of the fence first made becomes the partition fence between them, then, in such case, the charge of the division fence, as far as it is enclosed on both sides, shall be equally borne and maintained by both parties.

Rev. Stat., ch. 76, § 8; C. & M. Dig., § 4654; Pope's Dig., § 5743; A.S.A. 1947, § 78-1210.
Ark. Code Ann. § 2-17-207 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-207
License applications
Status: in_force

(a) (1) Applications for licenses under this subchapter are to be made on forms prescribed by the Public Grain Warehouse Commissioner for each warehouse. (2) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150) and a certified financial statement in a form prescribed by the commissioner and any further information the commissioner may by rule require. (b) (1) If a warehouseman operates one (1) or more warehouses in the same city or town in conjunction with each other, if only one (1) set of books is kept for all the warehouses and scale tickets, and if warehouse receipts and checks of but one (1) series are issued for grain received or stored therein, then only one (1) license and bond shall be required for the operation of all the warehouses. In these cases, the license fee prescribed in this section shall be computed on the basis of the aggregate capacity of all warehouses operated by the licensee. (2) The use for the storage of grain by a licensed warehouseman of a facility which is in the same city or town as licensed facilities and is neither licensed nor exempted, or for other violation of the provisions of this section, shall be cause for suspension or revocation of any license issued to the warehouseman for the storage of grain. (c) Licenses issued under this subchapter are not transferable. Any person acquiring a new or existing public grain warehouse must apply for a license to operate the warehouse, subject to other provisions of this subchapter. Acts 1979, No. 83, § 6; A.S.A. 1947, § 77-1306.

(a) (1) Applications for licenses under this subchapter are to be made on forms prescribed by the Public Grain Warehouse Commissioner for each warehouse. (2) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150) and a certified financial statement in a form prescribed by the commissioner and any further information the commissioner may by rule require.

(1) Applications for licenses under this subchapter are to be made on forms prescribed by the Public Grain Warehouse Commissioner for each warehouse.

(2) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150) and a certified financial statement in a form prescribed by the commissioner and any further information the commissioner may by rule require.

(b) (1) If a warehouseman operates one (1) or more warehouses in the same city or town in conjunction with each other, if only one (1) set of books is kept for all the warehouses and scale tickets, and if warehouse receipts and checks of but one (1) series are issued for grain received or stored therein, then only one (1) license and bond shall be required for the operation of all the warehouses. In these cases, the license fee prescribed in this section shall be computed on the basis of the aggregate capacity of all warehouses operated by the licensee. (2) The use for the storage of grain by a licensed warehouseman of a facility which is in the same city or town as licensed facilities and is neither licensed nor exempted, or for other violation of the provisions of this section, shall be cause for suspension or revocation of any license issued to the warehouseman for the storage of grain.

(1) If a warehouseman operates one (1) or more warehouses in the same city or town in conjunction with each other, if only one (1) set of books is kept for all the warehouses and scale tickets, and if warehouse receipts and checks of but one (1) series are issued for grain received or stored therein, then only one (1) license and bond shall be required for the operation of all the warehouses. In these cases, the license fee prescribed in this section shall be computed on the basis of the aggregate capacity of all warehouses operated by the licensee.

(2) The use for the storage of grain by a licensed warehouseman of a facility which is in the same city or town as licensed facilities and is neither licensed nor exempted, or for other violation of the provisions of this section, shall be cause for suspension or revocation of any license issued to the warehouseman for the storage of grain.

(c) Licenses issued under this subchapter are not transferable. Any person acquiring a new or existing public grain warehouse must apply for a license to operate the warehouse, subject to other provisions of this subchapter.

Acts 1979, No. 83, § 6; A.S.A. 1947, § 77-1306.
Ark. Code Ann. § 2-40-205 — AR Code / Title 2 / Chapter 40 / Subchapter 2 / Section 2-40-205
Blood test training program
Status: in_force

(a) No person shall perform any program or certifying blood tests on livestock or poultry unless the person has first completed a blood test training program designed and conducted by the State Veterinarian and has obtained a tester's permit from the State Veterinarian. (b) These technicians shall be used at the market, where economically feasible, except when in violation of state law or rule or federal law, rule, or regulation. Amended by Act 2019, No. 315,§ 28, eff. 7/24/2019. Acts 1985, No. 150, § 3; 1985, No. 151, § 3; A.S.A. 1947, § 78-477.

(a) No person shall perform any program or certifying blood tests on livestock or poultry unless the person has first completed a blood test training program designed and conducted by the State Veterinarian and has obtained a tester's permit from the State Veterinarian.

(b) These technicians shall be used at the market, where economically feasible, except when in violation of state law or rule or federal law, rule, or regulation.

Amended by Act 2019, No. 315,§ 28, eff. 7/24/2019.

Acts 1985, No. 150, § 3; 1985, No. 151, § 3; A.S.A. 1947, § 78-477.
Ark. Code Ann. § 2-39-101 — AR Code / Title 2 / Chapter 39 / Section 2-39-101
Kinds required for enclosures
Status: in_force

All fields and grounds kept for livestock enclosures shall be enclosed with a fence. Amended by Act 2023, No. 594,§ 5, eff. 8/1/2023. Rev. Stat., ch. 76, § 1; Acts 1899, No. 104, § 1, p. 168; C. & M. Dig., § 4645; Pope's Dig., § 5734; A.S.A. 1947, § 78-1201; Acts 2001, No. 176, § 1.

All fields and grounds kept for livestock enclosures shall be enclosed with a fence.

Amended by Act 2023, No. 594,§ 5, eff. 8/1/2023.

Rev. Stat., ch. 76, § 1; Acts 1899, No. 104, § 1, p. 168; C. & M. Dig., § 4645; Pope's Dig., § 5734; A.S.A. 1947, § 78-1201; Acts 2001, No. 176, § 1.
Ark. Code Ann. § 2-2-118 — AR Code / Title 2 / Chapter 2 / Subchapter 1 / Section 2-2-118
Penalties for inducing breach of contract
Status: in_force

Any person or any corporation whose officers or employees knowingly induce or attempt to induce any person to breach his or her marketing or participation contract with an association shall be guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for the offense and shall be liable to the association aggrieved in a civil suit in the penal sum of five hundred dollars ($500) for each offense. Acts 1939, No. 153, § 21; A.S.A. 1947, § 77-1021; Acts 2005, No. 1994, § 3.

Any person or any corporation whose officers or employees knowingly induce or attempt to induce any person to breach his or her marketing or participation contract with an association shall be guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for the offense and shall be liable to the association aggrieved in a civil suit in the penal sum of five hundred dollars ($500) for each offense.

Acts 1939, No. 153, § 21; A.S.A. 1947, § 77-1021; Acts 2005, No. 1994, § 3.
Ark. Code Ann. § 2-19-202 — AR Code / Title 2 / Chapter 19 / Subchapter 2 / Section 2-19-202
Registration required for fertilizer brands and materials - Licensing required for fertilizer blending and storage facilities - Definition
Status: in_force

(a) (1) All manufacturers, jobbers, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer and fertilizer materials, shall first file for registration with the State Plant Board, upon forms furnished by the Department of Agriculture. The forms shall include the name of the brand of each fertilizer, fertilizer materials, or chemicals which they may desire to sell in the state, either by themselves or their agents, together with the names and addresses of the manufacturers or manipulators, and such other information as may be required by the board in its rules. (2) A registrant shall not be required to register each grade of fertilizer that is formulated but shall report the mixed formulations on a monthly basis as required by § 2-19-209 . (3) All registrations must be approved by the department or its authorized agent before being effective. (4) Registrations may be cancelled by the board for repeated flagrant violations of this subchapter, after notice and a hearing. (5) (A) Each commercial fertilizer registrant shall report the guaranteed analysis by net weight of each registered fertilizer brand and the name and address of the registrant. (B) Except for specialty fertilizers as described in subdivision (d)(2) of this section, no guaranteed analysis of complete fertilizer shall be allowed indicating fractional units of primary plant food. (C) Raw materials may be registered under a guarantee of the actual plant food content. (D) In the case of bone meal, the phosphoric acid content shall be stated as a total, and its actual nitrogen content shall be stated. (E) In the case of rock phosphate, both the total and available phosphoric acid content shall be stated. (b) (1) All manufacturers, jobbers, blenders, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer or fertilizer materials, shall first obtain a facility license from the board for each fertilizer blending or bulk storage facility which they operate. (2) After notice and hearing, the board shall, by rules, promulgate the standards and criteria which it determines are necessary to license fertilizer blending or bulk storage facilities. (c) (1) (A) The board may, under its rules, set and collect reasonable fertilizer brand registration and facility licensing fees. (B) The fees shall be deposited into the Plant Board Fund of the State Treasury. (2) All registrations shall expire on June 30 of each year. (d) Any commercial fertilizer sold must contain a minimum of twenty (20) units of primary plant food, except for the following exemptions for special agricultural crop fertilizer formulations and for specialty fertilizers: (1) (A) Commercial fertilizers which are needed in special cases for special agricultural crop uses shall be permitted to be sold in less than the combined twenty-unit minimum of primary plant food elements. (B) (i) The special agricultural crop-use fertilizers with less than the twenty-unit minimum shall be permitted for sale only after the fertilizer grade is registered with the board. (ii) In order to register the fertilizer grade, the applicant shall submit a written justification which shall show the need for such special fertilizer grade and shall include the fertilizer materials to be used in the special agricultural crop fertilizer formulation. (iii) The department or its designee shall evaluate the formulation based on criteria established by rules of the board; and (2) A specialty fertilizer is fertilizer distributed for: (A) Primarily nonfarm uses, such as for: (i) Home gardens, lawns, shrubs, and flowers; (ii) Golf courses; (iii) Municipal parks; (iv) Cemeteries; (v) Greenhouses; and (vi) Nurseries; or (B) Research or experimental purposes. Amended by Act 2021, No. 557,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 557,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 557,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 464,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 464,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 378,§ 3, eff. 7/24/2019. Acts 1951, No. 106, § 1; 1957, No. 356, § 1; 1981, No. 398, § 1; A.S.A. 1947, § 77-701; Acts 1991, No. 189, § 1; 1993, No. 352, § 1; 1993, No. 373, § 1.

(a) (1) All manufacturers, jobbers, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer and fertilizer materials, shall first file for registration with the State Plant Board, upon forms furnished by the Department of Agriculture. The forms shall include the name of the brand of each fertilizer, fertilizer materials, or chemicals which they may desire to sell in the state, either by themselves or their agents, together with the names and addresses of the manufacturers or manipulators, and such other information as may be required by the board in its rules. (2) A registrant shall not be required to register each grade of fertilizer that is formulated but shall report the mixed formulations on a monthly basis as required by § 2-19-209 . (3) All registrations must be approved by the department or its authorized agent before being effective. (4) Registrations may be cancelled by the board for repeated flagrant violations of this subchapter, after notice and a hearing. (5) (A) Each commercial fertilizer registrant shall report the guaranteed analysis by net weight of each registered fertilizer brand and the name and address of the registrant. (B) Except for specialty fertilizers as described in subdivision (d)(2) of this section, no guaranteed analysis of complete fertilizer shall be allowed indicating fractional units of primary plant food. (C) Raw materials may be registered under a guarantee of the actual plant food content. (D) In the case of bone meal, the phosphoric acid content shall be stated as a total, and its actual nitrogen content shall be stated. (E) In the case of rock phosphate, both the total and available phosphoric acid content shall be stated.

(1) All manufacturers, jobbers, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer and fertilizer materials, shall first file for registration with the State Plant Board, upon forms furnished by the Department of Agriculture. The forms shall include the name of the brand of each fertilizer, fertilizer materials, or chemicals which they may desire to sell in the state, either by themselves or their agents, together with the names and addresses of the manufacturers or manipulators, and such other information as may be required by the board in its rules.

(2) A registrant shall not be required to register each grade of fertilizer that is formulated but shall report the mixed formulations on a monthly basis as required by § 2-19-209 .

(3) All registrations must be approved by the department or its authorized agent before being effective.

(4) Registrations may be cancelled by the board for repeated flagrant violations of this subchapter, after notice and a hearing.

(5) (A) Each commercial fertilizer registrant shall report the guaranteed analysis by net weight of each registered fertilizer brand and the name and address of the registrant. (B) Except for specialty fertilizers as described in subdivision (d)(2) of this section, no guaranteed analysis of complete fertilizer shall be allowed indicating fractional units of primary plant food. (C) Raw materials may be registered under a guarantee of the actual plant food content. (D) In the case of bone meal, the phosphoric acid content shall be stated as a total, and its actual nitrogen content shall be stated. (E) In the case of rock phosphate, both the total and available phosphoric acid content shall be stated.

(A) Each commercial fertilizer registrant shall report the guaranteed analysis by net weight of each registered fertilizer brand and the name and address of the registrant.

(B) Except for specialty fertilizers as described in subdivision (d)(2) of this section, no guaranteed analysis of complete fertilizer shall be allowed indicating fractional units of primary plant food.

(C) Raw materials may be registered under a guarantee of the actual plant food content.

(D) In the case of bone meal, the phosphoric acid content shall be stated as a total, and its actual nitrogen content shall be stated.

(E) In the case of rock phosphate, both the total and available phosphoric acid content shall be stated.

(b) (1) All manufacturers, jobbers, blenders, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer or fertilizer materials, shall first obtain a facility license from the board for each fertilizer blending or bulk storage facility which they operate. (2) After notice and hearing, the board shall, by rules, promulgate the standards and criteria which it determines are necessary to license fertilizer blending or bulk storage facilities.

(1) All manufacturers, jobbers, blenders, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer or fertilizer materials, shall first obtain a facility license from the board for each fertilizer blending or bulk storage facility which they operate.

(2) After notice and hearing, the board shall, by rules, promulgate the standards and criteria which it determines are necessary to license fertilizer blending or bulk storage facilities.

(c) (1) (A) The board may, under its rules, set and collect reasonable fertilizer brand registration and facility licensing fees. (B) The fees shall be deposited into the Plant Board Fund of the State Treasury. (2) All registrations shall expire on June 30 of each year.

(1) (A) The board may, under its rules, set and collect reasonable fertilizer brand registration and facility licensing fees. (B) The fees shall be deposited into the Plant Board Fund of the State Treasury.

(A) The board may, under its rules, set and collect reasonable fertilizer brand registration and facility licensing fees.

(B) The fees shall be deposited into the Plant Board Fund of the State Treasury.

(2) All registrations shall expire on June 30 of each year.

(d) Any commercial fertilizer sold must contain a minimum of twenty (20) units of primary plant food, except for the following exemptions for special agricultural crop fertilizer formulations and for specialty fertilizers: (1) (A) Commercial fertilizers which are needed in special cases for special agricultural crop uses shall be permitted to be sold in less than the combined twenty-unit minimum of primary plant food elements. (B) (i) The special agricultural crop-use fertilizers with less than the twenty-unit minimum shall be permitted for sale only after the fertilizer grade is registered with the board. (ii) In order to register the fertilizer grade, the applicant shall submit a written justification which shall show the need for such special fertilizer grade and shall include the fertilizer materials to be used in the special agricultural crop fertilizer formulation. (iii) The department or its designee shall evaluate the formulation based on criteria established by rules of the board; and (2) A specialty fertilizer is fertilizer distributed for: (A) Primarily nonfarm uses, such as for: (i) Home gardens, lawns, shrubs, and flowers; (ii) Golf courses; (iii) Municipal parks; (iv) Cemeteries; (v) Greenhouses; and (vi) Nurseries; or (B) Research or experimental purposes.

(1) (A) Commercial fertilizers which are needed in special cases for special agricultural crop uses shall be permitted to be sold in less than the combined twenty-unit minimum of primary plant food elements. (B) (i) The special agricultural crop-use fertilizers with less than the twenty-unit minimum shall be permitted for sale only after the fertilizer grade is registered with the board. (ii) In order to register the fertilizer grade, the applicant shall submit a written justification which shall show the need for such special fertilizer grade and shall include the fertilizer materials to be used in the special agricultural crop fertilizer formulation. (iii) The department or its designee shall evaluate the formulation based on criteria established by rules of the board; and

(A) Commercial fertilizers which are needed in special cases for special agricultural crop uses shall be permitted to be sold in less than the combined twenty-unit minimum of primary plant food elements.

(B) (i) The special agricultural crop-use fertilizers with less than the twenty-unit minimum shall be permitted for sale only after the fertilizer grade is registered with the board. (ii) In order to register the fertilizer grade, the applicant shall submit a written justification which shall show the need for such special fertilizer grade and shall include the fertilizer materials to be used in the special agricultural crop fertilizer formulation. (iii) The department or its designee shall evaluate the formulation based on criteria established by rules of the board; and

(i) The special agricultural crop-use fertilizers with less than the twenty-unit minimum shall be permitted for sale only after the fertilizer grade is registered with the board.

(ii) In order to register the fertilizer grade, the applicant shall submit a written justification which shall show the need for such special fertilizer grade and shall include the fertilizer materials to be used in the special agricultural crop fertilizer formulation.

(iii) The department or its designee shall evaluate the formulation based on criteria established by rules of the board; and

(2) A specialty fertilizer is fertilizer distributed for: (A) Primarily nonfarm uses, such as for: (i) Home gardens, lawns, shrubs, and flowers; (ii) Golf courses; (iii) Municipal parks; (iv) Cemeteries; (v) Greenhouses; and (vi) Nurseries; or (B) Research or experimental purposes.

(A) Primarily nonfarm uses, such as for: (i) Home gardens, lawns, shrubs, and flowers; (ii) Golf courses; (iii) Municipal parks; (iv) Cemeteries; (v) Greenhouses; and (vi) Nurseries; or

(i) Home gardens, lawns, shrubs, and flowers;

(ii) Golf courses;

(iii) Municipal parks;

(iv) Cemeteries;

(v) Greenhouses; and

(vi) Nurseries; or

(B) Research or experimental purposes.

Amended by Act 2021, No. 557,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 557,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 557,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 464,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 464,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 378,§ 3, eff. 7/24/2019.

Acts 1951, No. 106, § 1; 1957, No. 356, § 1; 1981, No. 398, § 1; A.S.A. 1947, § 77-701; Acts 1991, No. 189, § 1; 1993, No. 352, § 1; 1993, No. 373, § 1.
Ark. Code Ann. § 2-34-208 — AR Code / Title 2 / Chapter 34 / Subchapter 2 / Section 2-34-208
Registration of brands
Status: in_force

(a) A person desiring to adopt a brand or to continue to use a brand shall apply to the Arkansas Livestock and Poultry Commission for the registration of the brand in the manner prescribed in this section. (b) The commission shall prepare a standard form, which shall be made available to those persons who desire to apply for a brand. (c) An applicant shall show a front, rear, left, and right side view of the animals upon which the brand will be eligible for registry. (d) The brand location shall be designated in the following body regions: head, right jaw, neck, shoulder, rib and right and left jaw, neck, shoulder, rib and neck, right and left hip, thigh, and breeching. (e) The applicant shall select at least three (3): (1) Distinct brands and list them in the preferred order; and (2) Locations on the animal and list them in preferred order. (f) Applications for registration or reregistration shall be properly signed and notarized and accompanied by a reasonable fee to be determined by the commission to offset the costs of administering this section. (g) A brand, if approved and accepted by the commission for registry, shall be of good standing during the five-year period in which it is recorded. Amended by Act 2017, No. 1011,§ 29, eff. 8/1/2017. Amended by Act 2015, No. 965,§ 3, eff. 7/22/2015. Acts 1959, No. 179, §§ 4, 5, 7; A.S.A. 1947, §§ 78-810, 78-811, 78-813.

(a) A person desiring to adopt a brand or to continue to use a brand shall apply to the Arkansas Livestock and Poultry Commission for the registration of the brand in the manner prescribed in this section.

(b) The commission shall prepare a standard form, which shall be made available to those persons who desire to apply for a brand.

(c) An applicant shall show a front, rear, left, and right side view of the animals upon which the brand will be eligible for registry.

(d) The brand location shall be designated in the following body regions: head, right jaw, neck, shoulder, rib and right and left jaw, neck, shoulder, rib and neck, right and left hip, thigh, and breeching.

(e) The applicant shall select at least three (3): (1) Distinct brands and list them in the preferred order; and (2) Locations on the animal and list them in preferred order.

(1) Distinct brands and list them in the preferred order; and

(2) Locations on the animal and list them in preferred order.

(f) Applications for registration or reregistration shall be properly signed and notarized and accompanied by a reasonable fee to be determined by the commission to offset the costs of administering this section.

(g) A brand, if approved and accepted by the commission for registry, shall be of good standing during the five-year period in which it is recorded.

Amended by Act 2017, No. 1011,§ 29, eff. 8/1/2017.

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

Acts 1959, No. 179, §§ 4, 5, 7; A.S.A. 1947, §§ 78-810, 78-811, 78-813.
Ark. Code Ann. § 2-40-102 — AR Code / Title 2 / Chapter 40 / Subchapter 1 / Section 2-40-102
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 37, eff. 8/1/2017. Acts 1907, No. 409, § 1, p. 1043; C. & M. Dig., § 348; Pope's Dig., § 363; A.S.A. 1947, § 78-401.

Repealed by Act 2017, No. 1011,§ 37, eff. 8/1/2017.

Acts 1907, No. 409, § 1, p. 1043; C. & M. Dig., § 348; Pope's Dig., § 363; A.S.A. 1947, § 78-401.
Ark. Code Ann. § 2-4-102 — AR Code / Title 2 / Chapter 4 / Section 2-4-102
Definitions
Status: in_force

As used in this chapter: (1) "Agricultural operation" or "farming operation" means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including: (A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; (B) The planting, cultivating, harvesting, and processing of crops and timber; and (C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and (2) "Agriculture" includes agriculture, silviculture, and aquaculture. Acts 1981, No. 301, § 2; A.S.A. 1947, § 34-121; Acts 2005, No. 2257, § 2.

As used in this chapter:

(1) "Agricultural operation" or "farming operation" means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including: (A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; (B) The planting, cultivating, harvesting, and processing of crops and timber; and (C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and

(A) The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses;

(B) The planting, cultivating, harvesting, and processing of crops and timber; and

(C) The production of any plant or animal species in a controlled freshwater or saltwater environment; and

(2) "Agriculture" includes agriculture, silviculture, and aquaculture.

Acts 1981, No. 301, § 2; A.S.A. 1947, § 34-121; Acts 2005, No. 2257, § 2.
Ark. Code Ann. § 2-16-903 — AR Code / Title 2 / Chapter 16 / Subchapter 9 / Section 2-16-903
Filing of bylaws and amendments
Status: in_force

Under Article IV (h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Director of the State Plant Board. Acts 2009, No. 401, § 1.

Under Article IV (h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Director of the State Plant Board.

Acts 2009, No. 401, § 1.
Ark. Code Ann. § 2-20-603 — AR Code / Title 2 / Chapter 20 / Subchapter 6 / Section 2-20-603
Penalties
Status: in_force

(a) (1) Any buyer who fails to file a report or pay any assessment within the required time set by the Secretary of the Department of Finance and Administration shall forfeit to the secretary a penalty of five percent (5%) of the assessment determined to be due plus one percent (1%) for each month of delay, or fraction of a month, after the first month after the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the secretary and shall be disposed of by him or her in the same manner as funds derived from the payment of the assessment imposed in this subchapter. (b) The secretary shall collect the penalty levied in this subchapter, together with the delinquent assessment, by any or all of the following methods: (1) Voluntary payment by the person liable; (2) Legal proceedings instituted in a court of competent jurisdiction; or (3) Injunctive relief to enjoin any buyer owing an assessment or penalty from operating his or her business or engaging in business as a buyer of wheat until the delinquent assessment or penalty is paid. (c) (1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation. (2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500). Amended by Act 2019, No. 910,§ 3284, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3283, eff. 7/1/2019. Acts 1985, No. 283, § 4; A.S.A. 1947, § 77-2404; Acts 2005, No. 1994, § 16.

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

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

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

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

(1) Voluntary payment by the person liable;

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

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

(c) (1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation. (2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500).

(1) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation.

(2) Upon conviction, an offender shall be punished by a fine not exceeding five hundred dollars ($500).

Amended by Act 2019, No. 910,§ 3284, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3283, eff. 7/1/2019.

Acts 1985, No. 283, § 4; A.S.A. 1947, § 77-2404; Acts 2005, No. 1994, § 16.
Ark. Code Ann. § 2-22-103 — AR Code / Title 2 / Chapter 22 / Section 2-22-103
Prohibited acts
Status: in_force

(a) (1) No person shall sell, offer for sale, give away, or otherwise transfer ownership of any bees, colony of bees, or queen bees without first receiving from the State Plant Board a certificate of health issued not more than six (6) months before disposition. (2) A copy of the certificate shall be issued by the seller or given to the purchaser or person receiving the colony at the time of delivery. (b) It is unlawful for any person to give false information or incomplete information in any matter pertaining to this chapter or to resist, impede, or hinder the apiary inspector in the discharge of his or her duties. Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.

(a) (1) No person shall sell, offer for sale, give away, or otherwise transfer ownership of any bees, colony of bees, or queen bees without first receiving from the State Plant Board a certificate of health issued not more than six (6) months before disposition. (2) A copy of the certificate shall be issued by the seller or given to the purchaser or person receiving the colony at the time of delivery.

(1) No person shall sell, offer for sale, give away, or otherwise transfer ownership of any bees, colony of bees, or queen bees without first receiving from the State Plant Board a certificate of health issued not more than six (6) months before disposition.

(2) A copy of the certificate shall be issued by the seller or given to the purchaser or person receiving the colony at the time of delivery.

(b) It is unlawful for any person to give false information or incomplete information in any matter pertaining to this chapter or to resist, impede, or hinder the apiary inspector in the discharge of his or her duties.

Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.
Ark. Code Ann. § 2-40-817 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-817
Requirements for quarantined holding facilities
Status: in_force

(a) (1) A person desiring to operate a quarantined holding facility must file an application for approval of the facility on forms provided by the Arkansas Livestock and Poultry Commission. (2) The facility must have an area where equidae testing positive to an official equine infectious anemia test and exposed equidae are kept, and where the equidae are isolated and confined at least four hundred forty yards (440 yds.) from all other equidae at all times. (3) The facility must be approved by the commission under an inspection of the premises before the issuance of the license. (b) Failure to maintain the reactors and exposed equidae in confinement and isolation at least four hundred forty yards (440 yds.) from all other equidae at all times is a violation of this subchapter. (c) (1) All equidae held in a quarantined holding facility must be shipped directly to an approved slaughter facility without diversion. (2) An animal moved from a quarantined holding facility may not go through any livestock auction facility before shipment to slaughter. (3) All movements from a quarantined holding facility must be accompanied by a permit for movement. (d) All equidae entering or within an approved quarantine holding facility shall be branded or show evidence of an "S" brand on the top of the left hip or a "71A" brand or other brand prescribed by the commission on the left shoulder or neck, not less than two inches (2") in height. (e) No equidae may be held over twenty (20) days. (f) A quarantine pen must be clearly identified by a sign or paint using the word "Quarantined" on all sides. Letters of the sign must be a minimum of one foot (1') in height. (g) Failure to comply with this subchapter shall be cause for cancellation of approval by the commission. Acts 1997, No. 1306, § 15.

(a) (1) A person desiring to operate a quarantined holding facility must file an application for approval of the facility on forms provided by the Arkansas Livestock and Poultry Commission. (2) The facility must have an area where equidae testing positive to an official equine infectious anemia test and exposed equidae are kept, and where the equidae are isolated and confined at least four hundred forty yards (440 yds.) from all other equidae at all times. (3) The facility must be approved by the commission under an inspection of the premises before the issuance of the license.

(1) A person desiring to operate a quarantined holding facility must file an application for approval of the facility on forms provided by the Arkansas Livestock and Poultry Commission.

(2) The facility must have an area where equidae testing positive to an official equine infectious anemia test and exposed equidae are kept, and where the equidae are isolated and confined at least four hundred forty yards (440 yds.) from all other equidae at all times.

(3) The facility must be approved by the commission under an inspection of the premises before the issuance of the license.

(b) Failure to maintain the reactors and exposed equidae in confinement and isolation at least four hundred forty yards (440 yds.) from all other equidae at all times is a violation of this subchapter.

(c) (1) All equidae held in a quarantined holding facility must be shipped directly to an approved slaughter facility without diversion. (2) An animal moved from a quarantined holding facility may not go through any livestock auction facility before shipment to slaughter. (3) All movements from a quarantined holding facility must be accompanied by a permit for movement.

(1) All equidae held in a quarantined holding facility must be shipped directly to an approved slaughter facility without diversion.

(2) An animal moved from a quarantined holding facility may not go through any livestock auction facility before shipment to slaughter.

(3) All movements from a quarantined holding facility must be accompanied by a permit for movement.

(d) All equidae entering or within an approved quarantine holding facility shall be branded or show evidence of an "S" brand on the top of the left hip or a "71A" brand or other brand prescribed by the commission on the left shoulder or neck, not less than two inches (2") in height.

(e) No equidae may be held over twenty (20) days.

(f) A quarantine pen must be clearly identified by a sign or paint using the word "Quarantined" on all sides. Letters of the sign must be a minimum of one foot (1') in height.

(g) Failure to comply with this subchapter shall be cause for cancellation of approval by the commission.

Acts 1997, No. 1306, § 15.
Ark. Code Ann. § 2-6-109 — AR Code / Title 2 / Chapter 6 / Section 2-6-109
Receivership - Petition - Assets
Status: in_force

(a) The Secretary of the Department of Agriculture or his or her designee in his or her discretion may, following a suspension of a Class A registrant as provided in this chapter, file a verified petition in the proper court requesting that the secretary be appointed as a receiver to take custody of catfish in the registrant's facility and to provide for the disposition of those assets in the manner provided in this chapter and under the supervision of the court. (b) The petition shall be filed in the county in which the registrant is located. The proper court shall appoint the secretary as receiver. (c) Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of producers, until a plan of disposition is approved. Amended by Act 2023, No. 588,§ 12, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

(a) The Secretary of the Department of Agriculture or his or her designee in his or her discretion may, following a suspension of a Class A registrant as provided in this chapter, file a verified petition in the proper court requesting that the secretary be appointed as a receiver to take custody of catfish in the registrant's facility and to provide for the disposition of those assets in the manner provided in this chapter and under the supervision of the court.

(b) The petition shall be filed in the county in which the registrant is located. The proper court shall appoint the secretary as receiver.

(c) Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of producers, until a plan of disposition is approved.

Amended by Act 2023, No. 588,§ 12, eff. 8/1/2023.

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Ark. Code Ann. § 2-16-507 — AR Code / Title 2 / Chapter 16 / Subchapter 5 / Section 2-16-507
State assistance
Status: in_force

The Director of the State Plant Board is authorized to cooperate with and assist the district Johnson grass control board and the supervisor in the control and eradication of Johnson grass in the district when requested to do so by the board or the supervisor. Acts 1967, No. 186, § 7; 1975, No. 287, § 7; A.S.A. 1947, § 77-1707.

The Director of the State Plant Board is authorized to cooperate with and assist the district Johnson grass control board and the supervisor in the control and eradication of Johnson grass in the district when requested to do so by the board or the supervisor.

Acts 1967, No. 186, § 7; 1975, No. 287, § 7; A.S.A. 1947, § 77-1707.
Ark. Code Ann. § 2-1-306 — AR Code / Title 2 / Chapter 1 / Subchapter 3 / Section 2-1-306
Civil penalty
Status: in_force

(a) (1) A person that violates § 2-1-305 shall be fined an amount not to exceed one thousand dollars ($1,000) for each violation. (2) Each item that violates § 2-1-305 constitutes a separate violation subject to the civil penalty provided in subdivision (a)(1) of this section. (b) (1) A person subject to a civil penalty under subsection (a) of this section may request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (2) Upon request, the Director of the Arkansas Bureau of Standards shall conduct a hearing after giving appropriate notice to the person, and the decision of the director is subject to appropriate judicial review. (3) (A) If a person subject to a civil penalty under subsection (a) of this section has exhausted all administrative appeals and the civil penalty has been upheld, the person or entity shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision. (B) If the person fails to pay the civil penalty as required under this section, a civil action may be brought by the director in a court of competent jurisdiction to recover the civil penalty. (C) A civil penalty collected under this section shall be deposited into the Plant Board Fund. (c) The director may waive a civil penalty for a violation of § 2-1-305 if: (1) He or she determines that the violation was accidental, erroneous, or unintentional; or (2) The person that violated § 2-1-305 publicly acknowledges the violation and issues a voluntary recall for the mislabeled products. Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.

(a) (1) A person that violates § 2-1-305 shall be fined an amount not to exceed one thousand dollars ($1,000) for each violation. (2) Each item that violates § 2-1-305 constitutes a separate violation subject to the civil penalty provided in subdivision (a)(1) of this section.

(1) A person that violates § 2-1-305 shall be fined an amount not to exceed one thousand dollars ($1,000) for each violation.

(2) Each item that violates § 2-1-305 constitutes a separate violation subject to the civil penalty provided in subdivision (a)(1) of this section.

(b) (1) A person subject to a civil penalty under subsection (a) of this section may request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty. (2) Upon request, the Director of the Arkansas Bureau of Standards shall conduct a hearing after giving appropriate notice to the person, and the decision of the director is subject to appropriate judicial review. (3) (A) If a person subject to a civil penalty under subsection (a) of this section has exhausted all administrative appeals and the civil penalty has been upheld, the person or entity shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision. (B) If the person fails to pay the civil penalty as required under this section, a civil action may be brought by the director in a court of competent jurisdiction to recover the civil penalty. (C) A civil penalty collected under this section shall be deposited into the Plant Board Fund.

(1) A person subject to a civil penalty under subsection (a) of this section may request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.

(2) Upon request, the Director of the Arkansas Bureau of Standards shall conduct a hearing after giving appropriate notice to the person, and the decision of the director is subject to appropriate judicial review.

(3) (A) If a person subject to a civil penalty under subsection (a) of this section has exhausted all administrative appeals and the civil penalty has been upheld, the person or entity shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision. (B) If the person fails to pay the civil penalty as required under this section, a civil action may be brought by the director in a court of competent jurisdiction to recover the civil penalty. (C) A civil penalty collected under this section shall be deposited into the Plant Board Fund.

(A) If a person subject to a civil penalty under subsection (a) of this section has exhausted all administrative appeals and the civil penalty has been upheld, the person or entity shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision.

(B) If the person fails to pay the civil penalty as required under this section, a civil action may be brought by the director in a court of competent jurisdiction to recover the civil penalty.

(C) A civil penalty collected under this section shall be deposited into the Plant Board Fund.

(c) The director may waive a civil penalty for a violation of § 2-1-305 if: (1) He or she determines that the violation was accidental, erroneous, or unintentional; or (2) The person that violated § 2-1-305 publicly acknowledges the violation and issues a voluntary recall for the mislabeled products.

(1) He or she determines that the violation was accidental, erroneous, or unintentional; or

(2) The person that violated § 2-1-305 publicly acknowledges the violation and issues a voluntary recall for the mislabeled products.

Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 2-38-122 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-122
[Repealed]
Status: repealed

Repealed by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, § 29; C. & M. Dig., § 301; Pope's Dig., § 315; A.S.A. 1947, § 78-1135.

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

Rev. Stat., ch. 58, § 29; C. & M. Dig., § 301; Pope's Dig., § 315; A.S.A. 1947, § 78-1135.
Ark. Code Ann. § 2-16-404 — AR Code / Title 2 / Chapter 16 / Subchapter 4 / Section 2-16-404
Penalties
Status: in_force

(a) Any person who violates any provision of this subchapter or a rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and for the second and any additional offense a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000). (b) Any offense committed more than three (3) years after a previous conviction shall be considered as a first offense. Amended by Act 2019, No. 315,§ 9, eff. 7/24/2019. Acts 1975, No. 410, § 18; A.S.A. 1947, § 77-244; Acts 2005, No. 1994, § 8.

(a) Any person who violates any provision of this subchapter or a rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and for the second and any additional offense a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000).

(b) Any offense committed more than three (3) years after a previous conviction shall be considered as a first offense.

Amended by Act 2019, No. 315,§ 9, eff. 7/24/2019.

Acts 1975, No. 410, § 18; A.S.A. 1947, § 77-244; Acts 2005, No. 1994, § 8.
Ark. Code Ann. § 2-20-806 — AR Code / Title 2 / Chapter 20 / Subchapter 8 / Section 2-20-806
Research and extension program
Status: in_force

(a) (1) The Arkansas Corn and Grain Sorghum Promotion Board shall plan and conduct a program of research and extension designed to promote the corn and grain sorghum industry in Arkansas, and the board may use the funds derived from the assessments imposed in this subchapter for these purposes, including basic administration expenses of the plan. (2) This program may include a program of market development as determined by the board. (b) (1) Use of these funds may be applied as prescribed in this subchapter within or without the State of Arkansas, including regional, national, and international applications. (2) The funds may also be used to defray costs of referenda. Acts 1997, No. 271, § 6.

(a) (1) The Arkansas Corn and Grain Sorghum Promotion Board shall plan and conduct a program of research and extension designed to promote the corn and grain sorghum industry in Arkansas, and the board may use the funds derived from the assessments imposed in this subchapter for these purposes, including basic administration expenses of the plan. (2) This program may include a program of market development as determined by the board.

(1) The Arkansas Corn and Grain Sorghum Promotion Board shall plan and conduct a program of research and extension designed to promote the corn and grain sorghum industry in Arkansas, and the board may use the funds derived from the assessments imposed in this subchapter for these purposes, including basic administration expenses of the plan.

(2) This program may include a program of market development as determined by the board.

(b) (1) Use of these funds may be applied as prescribed in this subchapter within or without the State of Arkansas, including regional, national, and international applications. (2) The funds may also be used to defray costs of referenda.

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

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

Acts 1997, No. 271, § 6.
Ark. Code Ann. § 2-20-404 — AR Code / Title 2 / Chapter 20 / Subchapter 4 / Section 2-20-404
Arkansas Soybean Promotion Board
Status: in_force

(a) (1) The Arkansas Soybean Promotion Board is created. (2) The board shall be composed of nine (9) producer members appointed by the Governor and confirmed by the Senate. (3) All of the nine (9) members of the board shall: (i) Represent Arkansas soybean farmers at large; and (ii) Be practical producers of soybeans in the State of Arkansas. (4) Each member selected shall serve for a term of two (2) years and until his or her successor is duly selected as provided in this section. (b) (1) The members of the board shall meet and organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board. (2) All officers shall serve for a period of one (1) year and until their successors are duly elected. (c) The board is designated as the qualified state soybean board to represent the State of Arkansas under the Soybean Promotion, Research and Consumer Information Act, 7 U.S.C. § 6301 et seq. (d) The Department of Agriculture shall provide administrative support to the board. Amended by Act 2023, No. 712,§ 3, eff. 7/1/2023. Acts 1971, No. 259, § 2; 1979, No. 355, § 1; A.S.A. 1947, § 77-2002; Acts 1991, No. 340, § 4; 1999, No. 351, § 1.

(a) (1) The Arkansas Soybean Promotion Board is created. (2) The board shall be composed of nine (9) producer members appointed by the Governor and confirmed by the Senate. (3) All of the nine (9) members of the board shall: (i) Represent Arkansas soybean farmers at large; and (ii) Be practical producers of soybeans in the State of Arkansas. (4) Each member selected shall serve for a term of two (2) years and until his or her successor is duly selected as provided in this section.

(1) The Arkansas Soybean Promotion Board is created.

(2) The board shall be composed of nine (9) producer members appointed by the Governor and confirmed by the Senate.

(3) All of the nine (9) members of the board shall: (i) Represent Arkansas soybean farmers at large; and (ii) Be practical producers of soybeans in the State of Arkansas.

(i) Represent Arkansas soybean farmers at large; and

(ii) Be practical producers of soybeans in the State of Arkansas.

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

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

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

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

(c) The board is designated as the qualified state soybean board to represent the State of Arkansas under the Soybean Promotion, Research and Consumer Information Act, 7 U.S.C. § 6301 et seq.

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

Amended by Act 2023, No. 712,§ 3, eff. 7/1/2023.

Acts 1971, No. 259, § 2; 1979, No. 355, § 1; A.S.A. 1947, § 77-2002; Acts 1991, No. 340, § 4; 1999, No. 351, § 1.
Ark. Code Ann. § 2-16-603 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-603
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Assessment" means the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state. (B) The grower's charge will be calculated on a per-acre basis; (2) "Boll weevil" means Anthonomus grandis Boheman in any state of development; (3) "Certificate" means a document issued or authorized by the State Plant Board indicating that a regulated article is not contaminated with boll weevils; (4) "Cotton" means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle; (5) "Cotton grower" means any person, other than a cash rent landlord, who is engaged in or has an economic risk in the business of producing, or causing cotton to be produced, for market; (6) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle; (7) "Infested" means actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists; (8) "Permit" means a document issued or authorized by the board to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing; (9) "Person" means any individual, partnership, corporation, company, society, or association, or other business entity; (10) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers, and other equipment associated with cotton production, harvesting, or processing; and (11) "State Plant Board" means the agricultural plant regulatory agency of the State of Arkansas. Acts 1991, No. 710, § 3; 1997, No. 330, § 2.

As used in this subchapter:

(1) (A) "Assessment" means the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state. (B) The grower's charge will be calculated on a per-acre basis;

(A) "Assessment" means the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state.

(B) The grower's charge will be calculated on a per-acre basis;

(2) "Boll weevil" means Anthonomus grandis Boheman in any state of development;

(3) "Certificate" means a document issued or authorized by the State Plant Board indicating that a regulated article is not contaminated with boll weevils;

(4) "Cotton" means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;

(5) "Cotton grower" means any person, other than a cash rent landlord, who is engaged in or has an economic risk in the business of producing, or causing cotton to be produced, for market;

(6) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;

(7) "Infested" means actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists;

(8) "Permit" means a document issued or authorized by the board to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing;

(9) "Person" means any individual, partnership, corporation, company, society, or association, or other business entity;

(10) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers, and other equipment associated with cotton production, harvesting, or processing; and

(11) "State Plant Board" means the agricultural plant regulatory agency of the State of Arkansas.

Acts 1991, No. 710, § 3; 1997, No. 330, § 2.
Ark. Code Ann. § 2-17-414 — AR Code / Title 2 / Chapter 17 / Subchapter 4 / Section 2-17-414
Reimbursement of expenses
Status: in_force

(a) The Public Grain Warehouse Commissioner shall be entitled to reimbursement out of stored grain or proceeds held in receivership for all expenses incurred as court costs or in handling and disposing of stored grains and for all other costs directly attributable to the receivership. (b) The right of reimbursement of the commissioner shall be before any claims against the stored grain or proceeds of sale and shall constitute a claim against the surety bond of the licensee. Acts 1983, No. 342, § 14; A.S.A. 1947, § 77-1356.

(a) The Public Grain Warehouse Commissioner shall be entitled to reimbursement out of stored grain or proceeds held in receivership for all expenses incurred as court costs or in handling and disposing of stored grains and for all other costs directly attributable to the receivership.

(b) The right of reimbursement of the commissioner shall be before any claims against the stored grain or proceeds of sale and shall constitute a claim against the surety bond of the licensee.

Acts 1983, No. 342, § 14; A.S.A. 1947, § 77-1356.
Ark. Code Ann. § 2-38-104 — AR Code / Title 2 / Chapter 38 / Subchapter 1 / Section 2-38-104
Duty and rights of impounder
Status: in_force

(a) (1) Every person impounding any stray livestock shall immediately notify the Department of Agriculture in writing through procedure established by the department. (2) If it is found that the owner of the livestock may be determined by any mark, tag, or brand upon the livestock, the impounder of the livestock shall at once notify the owner of his or her having impounded the livestock, giving an exact description of the livestock. (3) The impounder of the livestock shall receive reasonable compensation for feeding the livestock. (b) No person shall use, work, or exercise any acts of ownership over any livestock impounded by him or her until he or she shall have given notice thereof to the department. Amended by Act 2023, No. 594,§ 1, eff. 8/1/2023. Rev. Stat., ch. 58, §§ 2, 24; Acts 1875, No. 50, § 1, p. 130; 1883, No. 121, § 1, p. 298; C. & M. Dig., §§ 271, 296; Pope's Dig., §§ 285, 310; A.S.A. 1947, §§ 78-1104, 78-1130.

(a) (1) Every person impounding any stray livestock shall immediately notify the Department of Agriculture in writing through procedure established by the department. (2) If it is found that the owner of the livestock may be determined by any mark, tag, or brand upon the livestock, the impounder of the livestock shall at once notify the owner of his or her having impounded the livestock, giving an exact description of the livestock. (3) The impounder of the livestock shall receive reasonable compensation for feeding the livestock.

(1) Every person impounding any stray livestock shall immediately notify the Department of Agriculture in writing through procedure established by the department.

(2) If it is found that the owner of the livestock may be determined by any mark, tag, or brand upon the livestock, the impounder of the livestock shall at once notify the owner of his or her having impounded the livestock, giving an exact description of the livestock.

(3) The impounder of the livestock shall receive reasonable compensation for feeding the livestock.

(b) No person shall use, work, or exercise any acts of ownership over any livestock impounded by him or her until he or she shall have given notice thereof to the department.

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

Rev. Stat., ch. 58, §§ 2, 24; Acts 1875, No. 50, § 1, p. 130; 1883, No. 121, § 1, p. 298; C. & M. Dig., §§ 271, 296; Pope's Dig., §§ 285, 310; A.S.A. 1947, §§ 78-1104, 78-1130.
Ark. Code Ann. § 2-17-211 — AR Code / Title 2 / Chapter 17 / Subchapter 2 / Section 2-17-211
Issuance or denial of license
Status: in_force

(a) Upon satisfaction of the requirements of this subchapter and any applicable rules by an applicant, the Public Grain Warehouse Commissioner shall issue a license to operate a public grain warehouse. (b) (1) If after proper application the commissioner denies any person a license to operate a public grain warehouse, the commissioner shall transmit immediately to the applicant, by certified mail, an order so providing, which shall state the reasons for the denial. (2) (A) In the event the applicant is dissatisfied with the decision of the commissioner, the applicant may request a hearing with the commissioner to appear and defend its compliance with all appropriate rules or give evidence that all deficiencies have been corrected. (B) (i) A hearing shall be held within ninety (90) days of the request. (ii) If after the hearing the commissioner denies the applicant a license, the commissioner shall transmit immediately to the applicant by certified mail an order so providing which shall state the reasons for the denial. (C) In the event the applicant is dissatisfied with the decision of the commissioner after the hearing, the applicant may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court within thirty (30) days after service upon the applicant of the commissioner's final order, under § 25-15-212 . Acts 1979, No. 83, § 10; A.S.A. 1947, § 77-1310.

(a) Upon satisfaction of the requirements of this subchapter and any applicable rules by an applicant, the Public Grain Warehouse Commissioner shall issue a license to operate a public grain warehouse.

(b) (1) If after proper application the commissioner denies any person a license to operate a public grain warehouse, the commissioner shall transmit immediately to the applicant, by certified mail, an order so providing, which shall state the reasons for the denial. (2) (A) In the event the applicant is dissatisfied with the decision of the commissioner, the applicant may request a hearing with the commissioner to appear and defend its compliance with all appropriate rules or give evidence that all deficiencies have been corrected. (B) (i) A hearing shall be held within ninety (90) days of the request. (ii) If after the hearing the commissioner denies the applicant a license, the commissioner shall transmit immediately to the applicant by certified mail an order so providing which shall state the reasons for the denial. (C) In the event the applicant is dissatisfied with the decision of the commissioner after the hearing, the applicant may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court within thirty (30) days after service upon the applicant of the commissioner's final order, under § 25-15-212 .

(1) If after proper application the commissioner denies any person a license to operate a public grain warehouse, the commissioner shall transmit immediately to the applicant, by certified mail, an order so providing, which shall state the reasons for the denial.

(2) (A) In the event the applicant is dissatisfied with the decision of the commissioner, the applicant may request a hearing with the commissioner to appear and defend its compliance with all appropriate rules or give evidence that all deficiencies have been corrected. (B) (i) A hearing shall be held within ninety (90) days of the request. (ii) If after the hearing the commissioner denies the applicant a license, the commissioner shall transmit immediately to the applicant by certified mail an order so providing which shall state the reasons for the denial. (C) In the event the applicant is dissatisfied with the decision of the commissioner after the hearing, the applicant may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court within thirty (30) days after service upon the applicant of the commissioner's final order, under § 25-15-212 .

(A) In the event the applicant is dissatisfied with the decision of the commissioner, the applicant may request a hearing with the commissioner to appear and defend its compliance with all appropriate rules or give evidence that all deficiencies have been corrected.

(B) (i) A hearing shall be held within ninety (90) days of the request. (ii) If after the hearing the commissioner denies the applicant a license, the commissioner shall transmit immediately to the applicant by certified mail an order so providing which shall state the reasons for the denial.

(i) A hearing shall be held within ninety (90) days of the request.

(ii) If after the hearing the commissioner denies the applicant a license, the commissioner shall transmit immediately to the applicant by certified mail an order so providing which shall state the reasons for the denial.

(C) In the event the applicant is dissatisfied with the decision of the commissioner after the hearing, the applicant may institute proceedings for judicial review in the circuit court of the county where the public grain warehouse is located or in the Pulaski County Circuit Court within thirty (30) days after service upon the applicant of the commissioner's final order, under § 25-15-212 .

Acts 1979, No. 83, § 10; A.S.A. 1947, § 77-1310.
Ark. Code Ann. § 2-20-101 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-101
Title
Status: in_force

This subchapter shall be known as the "Agricultural Products Grading Act of 1925". Acts 1925, No. 218, § 1; Pope's Dig., § 12384; A.S.A. 1947, § 77-501.

This subchapter shall be known as the "Agricultural Products Grading Act of 1925".

Acts 1925, No. 218, § 1; Pope's Dig., § 12384; A.S.A. 1947, § 77-501.
Ark. Code Ann. § 2-20-106 — AR Code / Title 2 / Chapter 20 / Subchapter 1 / Section 2-20-106
Adoption of federal standards
Status: in_force

(a) The State Plant Board is authorized to fix and promulgate as the official standard of this state for any agricultural product or container the standard for the product or container which may have been promulgated or announced therefor under the authority of the United States Congress. (b) In carrying out the provisions of this subchapter, the Director of the State Plant Board is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for in this subchapter. Acts 1925, No. 218, § 5; Pope's Dig., § 12388; A.S.A. 1947, § 77-505.

(a) The State Plant Board is authorized to fix and promulgate as the official standard of this state for any agricultural product or container the standard for the product or container which may have been promulgated or announced therefor under the authority of the United States Congress.

(b) In carrying out the provisions of this subchapter, the Director of the State Plant Board is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for in this subchapter.

Acts 1925, No. 218, § 5; Pope's Dig., § 12388; A.S.A. 1947, § 77-505.
Ark. Code Ann. § 2-38-406 — AR Code / Title 2 / Chapter 38 / Subchapter 4 / Section 2-38-406
Reclaiming by owner
Status: in_force

(a) The owner of any livestock impounded under the provisions of this subchapter shall be permitted at any time within three (3) months from the date of first publication of notice of the impounding of the livestock to reclaim the livestock upon the payment of all costs incurred by the county in connection with the restraint, delivery, feeding, and care of the livestock while impounded, and the cost of publication of notice. (b) (1) The livestock shall be retrieved by the owner if reclaimed in accordance with the provisions of this subchapter at the enclosure provided by the county court. (2) All costs in connection with the removal of the livestock from the enclosure shall be borne by the owner. (c) The owner shall establish his or her claim to the livestock before the sheriff by evidence as shall be satisfactory to the sheriff. Amended by Act 2023, No. 594,§ 4, eff. 8/1/2023. Acts 1955, No. 145, § 6; A.S.A. 1947, § 78-1149.

(a) The owner of any livestock impounded under the provisions of this subchapter shall be permitted at any time within three (3) months from the date of first publication of notice of the impounding of the livestock to reclaim the livestock upon the payment of all costs incurred by the county in connection with the restraint, delivery, feeding, and care of the livestock while impounded, and the cost of publication of notice.

(b) (1) The livestock shall be retrieved by the owner if reclaimed in accordance with the provisions of this subchapter at the enclosure provided by the county court. (2) All costs in connection with the removal of the livestock from the enclosure shall be borne by the owner.

(1) The livestock shall be retrieved by the owner if reclaimed in accordance with the provisions of this subchapter at the enclosure provided by the county court.

(2) All costs in connection with the removal of the livestock from the enclosure shall be borne by the owner.

(c) The owner shall establish his or her claim to the livestock before the sheriff by evidence as shall be satisfactory to the sheriff.

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

Acts 1955, No. 145, § 6; A.S.A. 1947, § 78-1149.
Ark. Code Ann. § 2-20-501 — AR Code / Title 2 / Chapter 20 / Subchapter 5 / Section 2-20-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Rice Research and Promotion Act of 1999". Acts 1985, No. 725, § 1; A.S.A. 1947, § 77-2501; Acts 1999, No. 16, § 1.

This subchapter shall be known and may be cited as the "Arkansas Rice Research and Promotion Act of 1999".

Acts 1985, No. 725, § 1; A.S.A. 1947, § 77-2501; Acts 1999, No. 16, § 1.
Ark. Code Ann. § 2-35-215 — AR Code / Title 2 / Chapter 35 / Subchapter 2 / Section 2-35-215
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1011,§ 35, eff. 8/1/2017. Acts 1923 (1st Ex. Sess.), No. 38, §§ 1-3.

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

Acts 1923 (1st Ex. Sess.), No. 38, §§ 1-3.
Ark. Code Ann. § 2-40-815 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-815
Testing requirements in affected herds
Status: in_force

(a) All equidae determined to have been on the same premises as a reactor at the time the reactor was bled shall be tested by an accredited veterinarian or an authorized agent of the Arkansas Livestock and Poultry Commission at the owner's expense sixty to eighty (60-80) days after the reactor's last positive test result. (b) A foal less than four (4) months of age nursing a negative tested dam is exempt from testing. Acts 1997, No. 1306, § 13.

(a) All equidae determined to have been on the same premises as a reactor at the time the reactor was bled shall be tested by an accredited veterinarian or an authorized agent of the Arkansas Livestock and Poultry Commission at the owner's expense sixty to eighty (60-80) days after the reactor's last positive test result.

(b) A foal less than four (4) months of age nursing a negative tested dam is exempt from testing.

Acts 1997, No. 1306, § 13.
Ark. Code Ann. § 2-16-212 — AR Code / Title 2 / Chapter 16 / Subchapter 2 / Section 2-16-212
Regulation of pests or diseases within state
Status: in_force

(a) Whenever the State Plant Board shall find that there exists in this state or any part thereof any insect, disease, or noxious weed and that its dissemination should be controlled or prevented, the board may give notice thereof, specifying the plants and plant products infested, infected, or likely to become infested or infected therewith. (b) The movement, planting, or other use of any plant, plant products, or other thing or substance specified in the notice as likely to carry and disseminate the insect pest, disease, or noxious weed, except under such safeguard as may be provided in the rules made by the board, shall be prohibited within such area as may be designated in the public notice until the board shall find that the danger of the dissemination of the insect, disease, or noxious weed has ceased to exist, of which the board shall give public notice. (c) Before the order of prohibition shall be issued, a public hearing, with due public notice thereof, shall be held by the board, at which hearing interested persons may appear in person or by attorney. Acts 1917, No. 414, § 12; C. & M. Dig., § 8035; Acts 1937, No. 203, § 1; Pope's Dig., § 12343; A.S.A. 1947, § 77-111.

(a) Whenever the State Plant Board shall find that there exists in this state or any part thereof any insect, disease, or noxious weed and that its dissemination should be controlled or prevented, the board may give notice thereof, specifying the plants and plant products infested, infected, or likely to become infested or infected therewith.

(b) The movement, planting, or other use of any plant, plant products, or other thing or substance specified in the notice as likely to carry and disseminate the insect pest, disease, or noxious weed, except under such safeguard as may be provided in the rules made by the board, shall be prohibited within such area as may be designated in the public notice until the board shall find that the danger of the dissemination of the insect, disease, or noxious weed has ceased to exist, of which the board shall give public notice.

(c) Before the order of prohibition shall be issued, a public hearing, with due public notice thereof, shall be held by the board, at which hearing interested persons may appear in person or by attorney.

Acts 1917, No. 414, § 12; C. & M. Dig., § 8035; Acts 1937, No. 203, § 1; Pope's Dig., § 12343; A.S.A. 1947, § 77-111.
Ark. Code Ann. § 2-6-104 — AR Code / Title 2 / Chapter 6 / Section 2-6-104
Administration
Status: in_force

(a) This chapter shall be administered by the Department of Agriculture. (b) The department is authorized to promulgate such rules as may be necessary for the efficient enforcement of this chapter, including the establishment of reasonable fees for registering with the department. (c) If necessary to prevent the spread of disease, the State Veterinarian in consultation with the Secretary of the Department of Agriculture may issue orders under this subchapter for the: (1) Isolation or quarantine of infected fish; (2) Disinfection of premises; (3) Destruction of incurably-diseased fish; and (4) Disposal of fish. Amended by Act 2023, No. 588,§ 6, eff. 8/1/2023. Acts 1987, No. 365, §§ 2, 8; 1989 (3rd Ex. Sess.), No. 53, § 2.

(a) This chapter shall be administered by the Department of Agriculture.

(b) The department is authorized to promulgate such rules as may be necessary for the efficient enforcement of this chapter, including the establishment of reasonable fees for registering with the department.

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

(1) Isolation or quarantine of infected fish;

(2) Disinfection of premises;

(3) Destruction of incurably-diseased fish; and

(4) Disposal of fish.

Amended by Act 2023, No. 588,§ 6, eff. 8/1/2023.

Acts 1987, No. 365, §§ 2, 8; 1989 (3rd Ex. Sess.), No. 53, § 2.
Ark. Code Ann. § 2-20-309 — AR Code / Title 2 / Chapter 20 / Subchapter 3 / Section 2-20-309
Used containers
Status: in_force

It shall be unlawful for any person to expose, or offer for sale or sell, transport, deliver, consign, or have in his or her possession for sale products covered by this subchapter which are packed in used containers unless the used containers are clean, sanitary, and otherwise adequate for use in the trade and all prior labelings or markings are erased or obliterated. Acts 1947, No. 343, § 6; A.S.A. 1947, § 77-607.

It shall be unlawful for any person to expose, or offer for sale or sell, transport, deliver, consign, or have in his or her possession for sale products covered by this subchapter which are packed in used containers unless the used containers are clean, sanitary, and otherwise adequate for use in the trade and all prior labelings or markings are erased or obliterated.

Acts 1947, No. 343, § 6; A.S.A. 1947, § 77-607.
Ark. Code Ann. § 2-22-108 — AR Code / Title 2 / Chapter 22 / Section 2-22-108
Standards for inspectors
Status: in_force

The State Plant Board shall establish minimum competency standards for persons to be employed as apiary inspectors. These requirements are to include demonstrated ability to properly handle hives and bees in addition to proficient performance on a written test measuring knowledge pertinent to the job of inspector. Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.

The State Plant Board shall establish minimum competency standards for persons to be employed as apiary inspectors. These requirements are to include demonstrated ability to properly handle hives and bees in addition to proficient performance on a written test measuring knowledge pertinent to the job of inspector.

Acts 1977, No. 161, § 4; 1979, No. 149, § 2; A.S.A. 1947, § 78-1728.
Ark. Code Ann. § 2-40-806 — AR Code / Title 2 / Chapter 40 / Subchapter 8 / Section 2-40-806
Authority to require test
Status: in_force

Any equidae which have been within four hundred forty yards (440 yds.) of a reactor shall be subject to testing by the Arkansas Livestock and Poultry Commission, the State Veterinarian, or their agents if the exposure to the reactor occurred no more than thirty (30) days before the testing of the reactor. Acts 1997, No. 1306, § 4.

Any equidae which have been within four hundred forty yards (440 yds.) of a reactor shall be subject to testing by the Arkansas Livestock and Poultry Commission, the State Veterinarian, or their agents if the exposure to the reactor occurred no more than thirty (30) days before the testing of the reactor.

Acts 1997, No. 1306, § 4.
Ark. Code Ann. § 2-16-610 — AR Code / Title 2 / Chapter 16 / Subchapter 6 / Section 2-16-610
Designation of eradication zones - Prohibition of planting of cotton - Participation in suppression eradication program - Penalties
Status: in_force

(a) The State Plant Board may designate by rule one (1) or more areas of this state as eradication zones where boll weevil eradication programs will be undertaken. (b) (1) The board may promulgate reasonable rules regarding areas where cotton cannot be planted within an eradication zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. (2) The board may issue rules prohibiting the planting of noncommercial cotton in such eradication zones, and requiring that all growers of commercial cotton in the eradication zones participate in a program of boll weevil eradication including cost sharing as prescribed in the rules. (c) Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. (d) (1) The board may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated eradication zones do not meet the requirements of rules issued by the board with respect to reporting of acreage and participation in cost sharing as prescribed by rule. (2) The penalty fees shall not exceed a charge of twenty-five dollars ($25.00) per acre per year. Any such penalty is in addition to any assessments otherwise due, which assessments shall also remain payable. (e) (1) When a grower fails to meet the requirements of rules promulgated by the board, the board in eradication zones may destroy cotton not in compliance with such rules. (2) Cost incurred by the board shall be assessed against the grower. Amended by Act 2019, No. 315,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 11, eff. 7/24/2019. Acts 1991, No. 710, § 8; 1997, No. 330, §§ 3, 4.

(a) The State Plant Board may designate by rule one (1) or more areas of this state as eradication zones where boll weevil eradication programs will be undertaken.

(b) (1) The board may promulgate reasonable rules regarding areas where cotton cannot be planted within an eradication zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. (2) The board may issue rules prohibiting the planting of noncommercial cotton in such eradication zones, and requiring that all growers of commercial cotton in the eradication zones participate in a program of boll weevil eradication including cost sharing as prescribed in the rules.

(1) The board may promulgate reasonable rules regarding areas where cotton cannot be planted within an eradication zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety.

(2) The board may issue rules prohibiting the planting of noncommercial cotton in such eradication zones, and requiring that all growers of commercial cotton in the eradication zones participate in a program of boll weevil eradication including cost sharing as prescribed in the rules.

(c) Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area.

(d) (1) The board may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated eradication zones do not meet the requirements of rules issued by the board with respect to reporting of acreage and participation in cost sharing as prescribed by rule. (2) The penalty fees shall not exceed a charge of twenty-five dollars ($25.00) per acre per year. Any such penalty is in addition to any assessments otherwise due, which assessments shall also remain payable.

(1) The board may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated eradication zones do not meet the requirements of rules issued by the board with respect to reporting of acreage and participation in cost sharing as prescribed by rule.

(2) The penalty fees shall not exceed a charge of twenty-five dollars ($25.00) per acre per year. Any such penalty is in addition to any assessments otherwise due, which assessments shall also remain payable.

(e) (1) When a grower fails to meet the requirements of rules promulgated by the board, the board in eradication zones may destroy cotton not in compliance with such rules. (2) Cost incurred by the board shall be assessed against the grower.

(1) When a grower fails to meet the requirements of rules promulgated by the board, the board in eradication zones may destroy cotton not in compliance with such rules.

(2) Cost incurred by the board shall be assessed against the grower.

Amended by Act 2019, No. 315,§ 12, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 11, eff. 7/24/2019.

Acts 1991, No. 710, § 8; 1997, No. 330, §§ 3, 4.
Ark. Code Ann. § 2-38-302 — AR Code / Title 2 / Chapter 38 / Subchapter 3 / Section 2-38-302
Penalty for failing to retrieve trespassing livestock
Status: in_force

(a) (1) Any owner of livestock upon receiving notice either verbal or otherwise that the livestock is at large and trespassing upon the land, premises, and crops of another person shall immediately retrieve the livestock and thereafter confine it so that further depredations and damages shall be avoided. (2) (A) (i) If for twenty-four (24) hours after notification being given to him or her, the owner shall fail, neglect, or refuse to retrieve the trespassing livestock, the owner shall be guilty of a violation. (ii) The Arkansas Livestock and Poultry Commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation of this chapter or violation of any rules promulgated under this chapter. (B) Each day the livestock continues to run at large shall constitute a separate violation. (b) When any initiated act duly adopted by the electors as provided prescribes penalties, the penalties of this section shall be cumulative and in addition to the penalties prescribed by the initiated act. Amended by Act 2023, No. 594,§ 3, eff. 8/1/2023. Acts 1947, No. 199, §§ 2, 3; A.S.A. 1947, §§ 78-1141, 78-1142; Acts 2005, No. 1994, § 21.

(a) (1) Any owner of livestock upon receiving notice either verbal or otherwise that the livestock is at large and trespassing upon the land, premises, and crops of another person shall immediately retrieve the livestock and thereafter confine it so that further depredations and damages shall be avoided. (2) (A) (i) If for twenty-four (24) hours after notification being given to him or her, the owner shall fail, neglect, or refuse to retrieve the trespassing livestock, the owner shall be guilty of a violation. (ii) The Arkansas Livestock and Poultry Commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation of this chapter or violation of any rules promulgated under this chapter. (B) Each day the livestock continues to run at large shall constitute a separate violation.

(1) Any owner of livestock upon receiving notice either verbal or otherwise that the livestock is at large and trespassing upon the land, premises, and crops of another person shall immediately retrieve the livestock and thereafter confine it so that further depredations and damages shall be avoided.

(2) (A) (i) If for twenty-four (24) hours after notification being given to him or her, the owner shall fail, neglect, or refuse to retrieve the trespassing livestock, the owner shall be guilty of a violation. (ii) The Arkansas Livestock and Poultry Commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation of this chapter or violation of any rules promulgated under this chapter. (B) Each day the livestock continues to run at large shall constitute a separate violation.

(A) (i) If for twenty-four (24) hours after notification being given to him or her, the owner shall fail, neglect, or refuse to retrieve the trespassing livestock, the owner shall be guilty of a violation. (ii) The Arkansas Livestock and Poultry Commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation of this chapter or violation of any rules promulgated under this chapter.

(i) If for twenty-four (24) hours after notification being given to him or her, the owner shall fail, neglect, or refuse to retrieve the trespassing livestock, the owner shall be guilty of a violation.

(ii) The Arkansas Livestock and Poultry Commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation of this chapter or violation of any rules promulgated under this chapter.

(B) Each day the livestock continues to run at large shall constitute a separate violation.

(b) When any initiated act duly adopted by the electors as provided prescribes penalties, the penalties of this section shall be cumulative and in addition to the penalties prescribed by the initiated act.

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

Acts 1947, No. 199, §§ 2, 3; A.S.A. 1947, §§ 78-1141, 78-1142; Acts 2005, No. 1994, § 21.
Ark. Code Ann. § 2-6-119 — AR Code / Title 2 / Chapter 6 / Section 2-6-119
Receivership - Distribution to producers
Status: in_force

The plan of disposition, as approved by the court, shall provide for the distribution of the processed catfish, or the proceeds from the sale of processed catfish or the proceeds from any surety bond, or any combination thereof, less expenses incurred by the Secretary of the Department of Agriculture in connection with the receivership, to producers on a pro rata basis as their interests are determined. Distribution shall be without regard to any setoff, counterclaim, or charge. Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023. Acts 1989 (3rd Ex. Sess.), No. 53, § 7.

The plan of disposition, as approved by the court, shall provide for the distribution of the processed catfish, or the proceeds from the sale of processed catfish or the proceeds from any surety bond, or any combination thereof, less expenses incurred by the Secretary of the Department of Agriculture in connection with the receivership, to producers on a pro rata basis as their interests are determined. Distribution shall be without regard to any setoff, counterclaim, or charge.

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

Acts 1989 (3rd Ex. Sess.), No. 53, § 7.