Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 61 - FISH AND SEAFOOD (§§ 20-61-101 — 20-61-305) › Subchapter 2 - ARKANSAS CATFISH MARKETING ACT OF 1975 (§§ 20-61-201 — 20-61-209) › Section 20-61-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Capable of use as human food" shall mean and shall apply to any catfish, catfish-like species, or part or product of catfish or a catfish-like species unless it is denatured or otherwise identified as required by rules prescribed by the Director of the Arkansas Bureau of Standards to deter its use as human food or unless it is naturally inedible by humans;
(2)
"Catfish" means any species of the scientific family Ictaluridae;
(3)
"Catfish-like" means any species of the scientific genus Pangasius, family Claridae, or family Siluridae;
(4)
"Direct retail sale" means the sale of catfish or catfish-like products individually or in small quantities directly to the consumer;
(5)
"Director" means the Director of the Arkansas Bureau of Standards;
(6)
"Distributor" means any person offering for sale, exchange, or barter any catfish or catfish-like product destined for direct retail sale in Arkansas;
(7)
"Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a catfish or catfish-like product is offered for direct retail sale;
(8)
"Labeling" means all labels and other written, printed, or graphic matter upon a catfish or catfish-like product, or any of its containers or wrappers, offered for direct retail sale;
(9)
"Pay pond" means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit;
(10)
"Person" shall include any individual, partnership, corporation, and association or other legal entity;
(11)
"Processor" means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish or catfish-like products;
(12)
"Producer" means any person engaged in the business of harvesting catfish or catfish-like species, by any method, intended for direct retail sale;
(13)
"Product" means any catfish or catfish-like product capable of use as human food which is made wholly or in part from any catfish, catfish-like species, or portion of catfish or catfish-like species, except products which contain catfish or catfish-like species only in small proportions or which in the judgment of the director historically have not been considered by consumers as products of the commercial catfish industry and which are exempted from definition as a catfish or catfish-like product by the director under such conditions as he or she may prescribe to assure that the catfish, catfish-like species, or portions of catfish or catfish-like species contained therein are not adulterated and that the products are not represented as catfish or catfish-like products;
(14)
"Product name" means the name of the catfish or catfish-like item intended for retail sale which identifies it as to kind, class, or specific use; and
(15)
"Retailer" means any person offering for sale catfish or catfish-like products to individual consumers and representing the last sale before human consumption.
Amended by Act 2019, No. 315,§ 2221, eff. 7/24/2019.
Amended by Act 2015, No. 1191,§ 1, eff. 1/1/2016.
Acts 1975 (Extended Sess., 1976), No. 1209, § 3; A.S.A. 1947, § 82-989; reen. Acts 1987, No. 1005, § 3; 2003, No. 1024, §§ 2, 3.