reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 5 - ARKANSAS INDUSTRIAL HEMP PRODUCTION ACT (§§ 2-15-501 — 2-15-516) › Section 2-15-515 - Violations

(a)
A grower has committed a negligent violation of this subchapter if the grower negligently:
(1)
Fails to provide a legal description of land on which the grower produces industrial hemp;
(2)
Fails to obtain a license from the State Plant Board; or
(3)
Produces Cannabis sativa with a tetrahydrocannabinol concentration exceeding the tetrahydrocannabinol level threshold of a negligent violation as defined by federal rule and in this subchapter.
(b)
(1)
The board may promulgate rules establishing additional negligent violations.
(2)
The board shall not establish additional negligent violations that conflict with any Arkansas law governing criminal offenses.
(c)
If the Department of Agriculture determines that a grower has committed a negligent violation of this subchapter or a rule adopted under this subchapter, the grower shall comply with a corrective action plan established by the department that includes without limitation a:
(1)
Reasonable date by which the grower shall correct the negligent violation; and
(2)
Requirement that the grower shall periodically report to the department on the compliance of the grower with the state plan for a period of not less than two (2) calendar years.
(d)
A grower that negligently violates this subchapter three (3) times in a five-year period is ineligible to produce industrial hemp for a period of five (5) years beginning on the date of the third violation.
(e)
If the board determines that a grower has violated this subchapter with a culpable mental state greater than negligence, the board may revoke or suspend the grower's license as provided in §
2-15-512
and shall report the grower to the Attorney General and to law enforcement.
(f)
In addition to the enforcement remedies described in this section, the board may:
(1)
Assess a civil penalty in an amount not to exceed five thousand dollars ($5,000) per violation; and
(2)
Place the grower on probation with a corrective action plan.
Amended by Act 2023, No. 629,§ 3, eff. 4/11/2023.
Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 5 - ARKANSAS INDUSTRIAL HEMP PRODUCTION ACT (§§ 2-15-501 — 2-15-516) › Section 2-15-516 - Prohibited acts

(a)
It shall be unlawful for a grower to:
(1)
Grow, process, sell or transfer, or permit the sale or transfer of living industrial hemp plants, viable hemp seed, leaf, or floral material to any person in a manner inconsistent with this subchapter or State Plant Board rule;
(2)
Hinder or obstruct in any way an authorized agent of the Department of Agriculture or any law enforcement entity in the performance of his or her duties;
(3)
Provide false, misleading, or incorrect information to the department pertaining to the licensee's cultivation, processing, or transportation of industrial hemp, including without limitation information provided in any application, report, record, or inspection required or maintained in accordance with this subchapter and board rule;
(4)
Commingle harvested industrial hemp material, including without limitation harvested leaf or floral material, from one plot with harvested industrial hemp material from another plot except by written consent from the department; and
(5)
Violate any provision of this subchapter, or of any rule or order adopted by the board under this subchapter, or any terms and conditions of a license issued by the department.
(b)
The department may issue stop orders for industrial hemp that is grown, harvested, or distributed in violation of this subchapter.
Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-101 - Destruction of trees - Compensation

(a)
The owner of any valuable pear trees, cedar trees, or other growing trees of real value which have been or may hereafter be cut down and destroyed without his or her consent by the order and direction of the State Plant Board, or by its officers, employees, agents, or inspectors, shall be entitled to compensation for the actual value of the trees cut down or destroyed, to be paid by the county in which the trees were growing.
(b)
(1)
The owner of the trees shall present to the county court his or her claim in writing, verified by his or her affidavit, stating the kind, number, and value of the trees and when and by what authority the trees were destroyed.
(2)
The court shall allow from the county general fund such sum as the evidence shows the claimant is entitled to receive.
Acts 1927, No. 247, §§ 1, 2; Pope's Dig., §§ 2645, 2646; A.S.A. 1947, §§ 77-129, 77-130.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-102 - Date stamped on cotton insecticides - Penalty

(a)
Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured.
(b)
(1)
Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100).
(2)
Each bag or other container that is shipped without first having the date placed on the bag or container shall be a separate offense.
Acts 1959, No. 458, §§ 1, 2; A.S.A. 1947, §§ 77-212, 77-213; Acts 2005, No. 1994, § 6.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-103 - Alligator weed agreements

The State Plant Board is authorized to enter into agreements with the United States Army Corps of Engineers to hold and save the United States free from claims that may occur from control operations jointly carried on by the board and the United States Army Corps of Engineers, or carried on by the board under financial assistance from the United States Army Corps of Engineers for the control and eradication of alligator weed in Arkansas.
Acts 1971, No. 79, § 1; A.S.A. 1947, § 77-139.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-104 - Disposition of funds

(a)
All fees, interest, penalties, and costs collected by the State Plant Board as authorized by law shall be deposited into the State Treasury on or before the fifth day of the month next following the month of collection thereof.
(b)
Upon receipt of the funds, the Treasurer of State shall, after deducting therefrom the collection charge authorized by law, credit the net amount to the credit of the Plant Board Fund to be used for the maintenance, operation, and improvement of the board.
(c)
All fees, fines, penalties, moneys, and funds arising from all sources resulting from the enforcement, operation, investigation, application, and administration of the laws under the jurisdiction of the Arkansas Bureau of Standards of the State Plant Board and the sale of property resulting from said purposes, and all moneys, grants, and other sources of funding procured for the bureau, shall be deposited into the Plant Board Fund, or any successor fund, to be used solely for the maintenance, operation, and improvement of the bureau.
Acts 1957, No. 417, § 1; A.S.A. 1947, § 77-138; Acts 1995, No. 1304, § 4.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-105 - Fire Ant Poison Cost Sharing Program

(a)
(1)
There is hereby established a program to be known as the "Fire Ant Poison Cost Sharing Program".
(2)
This program shall be administered by the State Plant Board; which shall have the authority to establish the necessary rules and procedures for the administration of the program.
(b)
(1)
The board shall purchase the necessary chemicals for the eradication of fire ants and distribute such chemicals to the various counties of the state based upon the requests received from eligible purchasers in the county.
(2)
The chemicals made available by the board shall become the responsibility of the county judge who shall oversee the safe storage and distribution of such chemicals under the direction of the University of Arkansas Cooperative Extension Service.
(c)
(1)
It shall be the duty of the University of Arkansas Cooperative Extension Service to collect moneys received from the distribution and sale of such fire ant poison chemicals as determined by the board, and remit such moneys to the board on a monthly basis.
(2)
The moneys generated from the sale of fire ant poison chemicals and received by the board from the University of Arkansas Cooperative Extension Service shall be deposited into the State Treasury to the credit of the Plant Board Fund as a nonrevenue receipt refund to expenditure, there to be used by the board to purchase additional fire ant poison chemicals for distribution to the various counties of the state for fire ant control.
Acts 1993, No. 1262, § 2.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-106 - Recovery of quarantine costs

The State Plant Board is empowered to recover any identifiable expenses from the owner or other person in possession or control of the property upon which it enforces, maintains, and administers any quarantine that is imposed due to infestations or infections of insect pests, diseases, or noxious weeds. Whenever the owner or other person cannot be found or shall fail, neglect, or refuse to reimburse the board for incurred quarantine expenses, the board shall have and enforce a lien for such expenses upon the property upon which it enforces, maintains, or administers any quarantine, in the same manner as liens are had and enforced upon property for labor and materials furnished by virtue of contract with the owner.
Acts 1993, No. 783, § 8.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-107 - Rules

The State Plant Board is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by §§
2-16-407(f)
,
2-17-213
,
2-17-238
,
2-19-209(a)
, and
2-19-307(a)
and is directed to prescribe and collect such fees, rates, tolls, or charges for the services delivered by the board in such manner as may be necessary to support the programs of the board as directed by the Governor and the General Assembly.
Acts 1993, No. 783, § 9.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-108 - State Plant Board Operations and Facilities Construction Fund - Definitions

(a)
As used in this section:
(1)
"Board" means the State Plant Board; and
(2)
"Fund" means the State Plant Board Operations and Facilities Construction Fund.
(b)
(1)
There is created in accordance with §§
19-4-801
-
19-4-803
,
19-4-805
, and
19-4-806
and the Revenue Classification Law, §
19-6-101
et seq., a cash fund entitled the State Plant Board Operations and Facilities Construction Fund, which shall be maintained in such depository bank or banks as may be designated from time to time by the board.
(2)
(A)
The first two hundred thousand dollars ($200,000) in each fiscal year of all fees, interest, penalities, and costs collected by the board that constitute the special revenues specified in §
19-6-301(51)
and all income, interest, and earnings thereof are declared to be cash funds to be used solely for paying the cost of operations and maintenance of the board and the financing of the acquisition, construction, and maintenance of facilities for the board's operations, including any additions, extensions, and improvements thereto, the renovation thereof, and the equipping of such facilities.
(B)
Such cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of Arkansas Constitution, Article 5, § 29, Article 16, § 12, or Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision.
(3)
The fund shall be held and the amounts therein invested by the board in accordance with the laws of the state pertaining to cash funds. The board may also pledge and use moneys in the fund to provide for the repayment of obligations issued by the Arkansas Development Finance Authority under the State Agencies Facilities Acquisition Act of 1991, §
22-3-1401
et seq., to accomplish the purposes specified in subdivision (b)(2)(A) of this section and to pay the costs and expenses related to the issuance of such obligations.
(c)
The provisions of §§
22-3-1402(c)
[repealed] and
22-3-1406
[repealed] shall not be applicable in any respect to the acquisition, construction, extension, or renovation of or the equipping of facilities for the board and shall not under any circumstances constitute a limitation on or prohibition to the financing of the capital improvements by the authority.
(d)
On July 30, 1999, all moneys then held in the Plant Board Fund created by §
19-6-408
that were derived from the special revenues described in subdivision (b)(2)(A) of this section shall be transferred to the State Plant Board Operations and Facilities Construction Fund, except that the amount transferred shall not exceed the maximum amount provided in subdivision (b)(2)(A) of this section.
Acts 1999, No. 846, § 1; 2001, No. 1553, § 28.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-16-101 — 2-16-109) › Section 2-16-109 - Turf purchased with state moneys - Definition

(a)
As used in this section, "turf" means field-cultivated turf grass sod consisting of grass varieties tested by the National Turfgrass Evaluation Program.
(b)
Turf shall be certified by the State Plant Board if the turf is:
(1)
Purchased with state moneys, either directly or indirectly; or
(2)
Used in a project conducted:
(A)
By a state agency, department, board, or commission; or
(B)
Under a contract with the State of Arkansas.
(c)
Cool seasons variety blends of turf shall be grown from blue tag certified seed under the blue tag certification program of the Association of Official Seed Certifying Agencies.
Acts 2005, No. 1264, § 1.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-201 - Title

This subchapter shall be known as the "Arkansas Plant Act of 1917".
Acts 1917, No. 414, § 1; C. & M. Dig., § 8024; Pope's Dig., § 12333; A.S.A. 1947, § 77-101.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Insect pests and diseases" means insect pests and diseases injurious to plants and plant products of this state including any of the stages of development of such insects and diseases;
(2)
"Persons" means individuals, associations, partnerships, and corporations;
(3)
"Places" means vessels, cars, other vehicles, buildings, docks, nurseries, orchards, and other premises where plants and plant products are grown, kept, or handled; and
(4)
"Plants and plant products" means trees, shrubs, vines, forage, and cereal plants, and all other plants; cuttings, grafts, scions, buds, and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other plant products.
Acts 1917, No. 414, § 2; C. & M. Dig., § 8025; Pope's Dig., § 12334; A.S.A. 1947, § 77-102.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-204 - Actions of agents

In construing and enforcing the provisions of this subchapter, the act, omission, or failure of any official agent or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall, in every case, also be deemed the act, omission, or failure of the person, association, partnership, or corporation as well as that of the person.
Acts 1917, No. 414, § 16; C. & M. Dig., § 8039; Pope's Dig., § 12347; A.S.A. 1947, § 77-115.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-205 - Effect of federal law

This subchapter shall not be so construed or enforced as to conflict in any way with any act of the United States Congress regulating the movement of plants and plant products in interstate or foreign commerce.
Acts 1917, No. 414, § 17; C. & M. Dig., § 8040; Pope's Dig., § 12348; A.S.A. 1947, § 77-116.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-207 - Powers and duties of board

(a)
(1)
The State Plant Board shall keep itself informed as to the varieties of insect pests, diseases, and noxious weeds and the origin, locality, nature, and appearance thereof; the manner in which they are disseminated; and the approved methods of treatment and eradication.
(2)
Every such insect pest, disease, and noxious weed, and every plant and plant product infested or infected is declared to be a public nuisance.
(b)
(1)
The board in its rules made under this subchapter shall list the insect pests, diseases, and noxious weeds, of which it shall find that the introduction into or the dissemination within the state should be prevented in order to safeguard the plants and plant products of this state, and the list shall include the plants and plant products or other substances on or in which these pests may be carried.
(2)
Every person who has knowledge of the presence of any insect pest, disease, or noxious weed listed as required in this section in the rules made under this subchapter, in or upon any place, shall immediately report it to the board or inspectors thereof, giving such detailed information relative thereto as he or she may have.
(3)
Every person who deals in or engages in the sale of plants or plant products shall furnish to the board or its inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where he or she purchased or obtained the plant and plant products.
(c)
(1)
The board shall make rules for carrying out the provisions and requirements of this subchapter, including rules under which the inspectors and other employees of the Department of Agriculture shall:
(A)
Inspect places, plants and plant products, and things and substances used or connected herewith;
(B)
Investigate, control, eradicate, and prevent the dissemination of insect pests, diseases, and noxious weeds; and
(C)
Supervise or cause the treatment, cutting, and destruction of infected or infested plants and plant products.
(2)
For the purpose of preventing fraud and misrepresentation, the board shall make rules governing the transportation, distribution, or sale of sorghum seed, hybrid corn seed, and other seeds intended for planting.
(d)
For the purpose of carrying out the provisions and requirements of this subchapter, of the rules made, and notices given pursuant thereto, the board and the inspectors and employees of the department shall have power to enter into or upon any place and to open any bundle, package, or other container of plants or plant products.
Amended by Act 2019, No. 910,§ 18, eff. 7/1/2019.
Acts 1917, No. 414, §§ 5, 6, 13; C. & M. Dig., §§ 8028, 8029, 8036; Acts 1937, No. 203, § 1; Pope's Dig., §§ 12337, 12338, 12344; Acts 1939, No. 40, § 1; 1943, No. 44, § 1; A.S.A. 1947, §§ 77-105, 77-106, 77-112.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-208 - Director of board

(a)
(1)
The Director of the State Plant Board shall be appointed by the Governor and shall serve at the pleasure of the Governor.
(2)
The director shall report to the Secretary of the Department of Agriculture.
(b)
(1)
The secretary may delegate to the director any of the powers and duties required to administer the:
(A)
Statutory duties of the State Plant Board; and
(B)
Rules, orders, or directives promulgated or issued by the board.
(2)
The director may exercise the powers and duties delegated under subdivision (b)(1) of this section in the name of the board and of the Department of Agriculture.
Amended by Act 2023, No. 691,§ 21, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 19, eff. 7/1/2019.
Acts 1917, No. 414, § 4; C. & M. Dig., § 8027; Acts 1921, No. 664, § 1; Pope's Dig., § 12336; Acts 1953, No. 360, § 1; 1983, No. 691, § 11; A.S.A. 1947, §§ 77-103.2, 77-104.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-209 - Transportation, etc., of insect pests, etc., generally

(a)
Transportation through or into or transportation, distribution, or sale within the state of any insect pest, plant disease, noxious weed, or any plant, plant product, or other substance, listed in the rules of the State Plant Board as required under §
2-16-207
, or of sorghum seed, hybrid corn seed, or other planting seeds for the transportation, distribution, or sale of which the board has made rules under this subchapter is prohibited except under such safeguards as may be provided for in the rules of the board.
(b)
To cover expenses incident to inspection or treatment or incident to the issuance of such permits or certificates as may be required by the board's rules made under this subchapter, the board may require the payment of reasonable fees which shall be deposited in the manner prescribed by §
2-16-210
to be used in carrying out the provisions of this subchapter.
(c)
The board is empowered to require that a shipper who ships plants from another state into Arkansas must meet any and all requirements which the shipper's state would make of an Arkansas shipper who ships plants into that state.
(d)
Inspectors carrying out the provisions of this subchapter on issuance of a written notice may cause to be held or to be sent out of the state or to be destroyed any plant, plant product, or other substance which has been brought into or is being transported within the state in violation of any state or federal law, rule, or regulation. They may stop and detain for inspection any person, car, or other carrier.
Amended by Act 2019, No. 910,§ 20, eff. 7/1/2019.
Acts 1917, No. 414, § 11; C. & M. Dig., § 8034; Acts 1929, No. 197, § 3; 1937, No. 203, § 2; Pope's Dig., § 12342; Acts 1939, No. 40, § 2; 1943, No. 44, § 2; A.S.A. 1947, § 77-110.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-210 - Certificate of inspection required

(a)
It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment, within this state, any plants or plant products listed as required by this subchapter unless the plants and plant products have been officially inspected and a certificate has been issued by an inspector of the State Plant Board. This certificate shall state that the plants or plant products have been inspected and found to be apparently free from insect pests and diseases. It shall also be unlawful for any person to sell, give away, carry, ship, or deliver for carriage any plants or plant products unless the plants or plant products bear a certificate issued by an inspector of the board. This certificate shall show that the place on which the plants or plant products were grown has been inspected and found to be apparently free from insect pests and diseases and any other facts provided for in the rules made under this subchapter.
(b)
This section shall not apply to plants and plant products not affected by rules made under §
2-16-211
when the plants or plant products are disposed of in local trade.
(c)
When any person shall notify the board of impending shipments of plants or plant products and the board fails to provide the proper inspector to inspect the plants or plant products under the rules made under this subchapter, the person desiring to make the shipment may do so without being liable to provisions of this section.
(d)
For the issuance of the certificate as provided for in this section, the board may require the payment of a reasonable fee to cover the expenses of the inspection and certification. If it shall be found at any time that a certificate of inspection, issued or accepted under the provisions of this section, is being used in connection with plants and plant products which are infested or infected with insect pests or diseases, its further use may be prohibited, subject to such inspection and other disposition of the plants and plant products involved as may be provided for by the board.
(e)
All moneys collected by the board under this section or under §
2-16-211
or §
2-16-214
shall be deposited with the treasurer of the board and shall be used in carrying out the provisions of this subchapter.
Acts 1917, No. 414, § 9; C. & M. Dig., § 8032; Pope's Dig., § 12340; A.S.A. 1947, § 77-108.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-211 - Eradication of pests, diseases, or noxious weeds

(a)
Whenever the inspection discloses that any places, plants, plant products, or things and substances used or connected therewith, are infested or infected with any insect pest, disease, or noxious weed, listed, as required by §
2-16-207
in rules made under this subchapter, written notice thereof shall be given the owner or other person in possession or control of the place where found, and the owner or other person shall proceed to control, eradicate, or prevent the dissemination of the insect pest, disease, or noxious weed. The owner shall then remove, cut, or destroy infested or infected plants and plant products or things and substances used or connected therewith, within the time and in the manner prescribed by the notice or the rules made under this subchapter.
(b)
Whenever the owner or other person cannot be found or shall fail, neglect, or refuse to obey the requirements of the notice and the rules made under this subchapter, the requirements shall be carried out by the inspector or other employees of the State Plant Board. The board shall have and enforce a lien for the expenses thereof against the place in which or upon which the expenses were incurred in the same manner as liens are had and enforced upon buildings, lots, wharves, and piers for labor and materials furnished by virtue of contract with the owner.
Acts 1917, No. 414, § 7; C. & M. Dig., § 8030; Acts 1937, No. 203, § 1; Pope's Dig., § 12339; A.S.A. 1947, § 77-107.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-212 - Regulation of pests or diseases within state

(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.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-213 - Receiving noncomplying plants, etc

Any person in this state who receives any plant or plant product sold, given away, carried, shipped, or delivered for carriage or shipment within this state, as to which the requirements of §
2-16-210
have not been complied with, shall immediately inform the State Plant Board or an inspector thereof and isolate and hold the plant product unopened or unused subject to such inspection and other disposition as may be provided for by the board.
Acts 1917, No. 414, § 10; C. & M. Dig., § 8033; Pope's Dig., § 12341; A.S.A. 1947, § 77-109.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-214 - Review of rules, etc

Any person affected by any rules made or notice given, under this subchapter, may have a review thereof by the State Plant Board for the purposes of having the rules or notice modified, suspended, or withdrawn, and, pending the review, the rules or notice shall be suspended.
Acts 1917, No. 414, § 14; C. & M. Dig., § 8037; Pope's Dig., § 12345; A.S.A. 1947, § 77-113.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 2 - PLANT ACT OF 1917 (§§ 2-16-201 — 2-16-215) › Section 2-16-215 - Scholarships - Degree programs related to agriculture - Post-graduate degree programs related to agriculture or veterinary medicine

(a)
The Department of Agriculture may award scholarships to Arkansas residents who are enrolled in or entering an institution of higher education that offers:
(1)
An undergraduate degree program at an institution of higher education located in the State of Arkansas that is related to agriculture; or
(2)
A postgraduate degree program at an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas that is related to agriculture or veterinary medicine.
(b)
The department may contract or otherwise cooperate with a state-supported institution of higher education, state agency, nonprofit corporation, or other entity, as appropriate, to award scholarships under this section.
(c)
(1)
A recipient of a scholarship under this section shall enter into an agreement with the department that contains the following requirements:
(A)
The receipt of scholarship funds shall be contingent upon the recipient's compliance with this section and with the agreement required under this subdivision (c)(1);
(B)
(i)
For a scholarship awarded to an individual enrolled in a qualifying degree program under subdivision (a)(1) of this section, the degree shall be obtained from an institution of higher education located in the State of Arkansas within six (6) years of the receipt of a scholarship under this section.
(ii)
For a scholarship awarded to an individual enrolled in a qualifying postgraduate degree program under subdivision (a)(2) of this section, the postgraduate degree shall be obtained from an institution of higher education located either in the State of Arkansas or outside of the State of Arkansas within six (6) years of the receipt of a scholarship under this section; and
(C)
The scholarship recipient shall:
(i)
Agree to work full time in the state for at least two (2) years after his or her graduation from a degree program under subsection (a) of this section; and
(ii)
Begin in-state employment as required under subdivision (c)(1)(C)(i) of this section not later than one (1) year after his or her graduation from a degree program under subsection (a) of this section.
(2)
The agreement under subdivision (c)(1) of this section shall include terms for repayment of the scholarship funds upon the breach of the agreement under §
17-101-205(d)(4)
.
(d)
This section shall not be construed to require the department to endow or award any scholarship.
(e)
Scholarships awarded under this section are contingent upon the availability of funds.
Added by Act 2023, No. 706,§ 3, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-301 - Title

This subchapter shall be known as the "Arkansas Emergency Plant Act of 1921".
Acts 1921, No. 519, § 1; A.S.A. 1947, § 77-117.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-302 - Definitions

For the purposes of this subchapter, unless the context otherwise requires, the terms and definitions set forth in §
2-16-202
are adopted and made a part of this subchapter. In addition, the term "dangerous insect pest and plant diseases" shall be construed to mean such insect pests and plant diseases as the pink bollworm, the Mexican bean beetle, potato wart disease, "take all", and such other insect pests and plant diseases, the prevalence of which would threaten an established agricultural industry in the state.
Acts 1921, No. 519, § 2; Pope's Dig., § 12358; A.S.A. 1947, § 77-118.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-303 - Provisions supplemental

This subchapter shall not be construed as limiting the authority conferred upon the State Plant Board by the Arkansas Plant Act of 1917, §
2-16-201
et seq., but shall be construed as supplemental thereto.
Acts 1921, No. 519, § 12; Pope's Dig., § 12368; A.S.A. 1947, § 77-128.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-304 - Penalties - Prosecution

(a)
Any person who shall violate any provision of this subchapter or who shall interfere with any member of the State Plant Board or any inspector or employee while engaged in the performance of his or her duties under this subchapter shall be guilty of a Class A misdemeanor.
(b)
(1)
Upon information furnished by the board, it shall be the duty of the Attorney General or the prosecuting attorney of the district in which an alleged violation of any provision of this subchapter may occur to enforce the provisions of this subchapter by proceedings in any court of competent jurisdiction.
(2)
If the remedy elected to be pursued is by writ of injunction, no court of this state shall have the right to set aside or stay the writ of injunction before a hearing upon the merits.
Acts 1921, No. 519, § 8; Pope's Dig., § 12364; A.S.A. 1947, § 77-124; Acts 2005, No. 1994, § 331.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-305 - Actions of agents

In construing and enforcing the provisions of this subchapter, the act, omission, or failure of an official, agent, or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall, in every case, also be deemed the act, omission, or failure of the person, association, partnership, or corporation as well as that of the person acting as the agent.
Acts 1921, No. 519, § 10; Pope's Dig., § 12366; A.S.A. 1947, § 77-126.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-306 - Enforcement

(a)
(1)
The provisions of this subchapter and the rules promulgated hereunder shall be carried out by the Director of the State Plant Board, who shall serve without extra compensation.
(2)
The director may, with the approval of the State Plant Board, employ such inspectors or other employees as may be required and may incur such expenses as may be necessary, within the limits of the appropriation made by law or declared by the Governor.
(b)
For the purposes of carrying out the requirements of this subchapter, and the rules made and notices given pursuant thereto, the inspectors and employees of the Department of Agriculture shall have the right to enter into or upon any place and for purpose of inspection to open any bundle, package, or other container of plants, plant products, articles, or substances.
(c)
(1)
In the enforcement of this subchapter and of the rules made pursuant thereto, the board may summon witnesses; require the production of any books, papers, or documents it deems material; administer oaths; and hear witnesses.
(2)
It shall be the duty of each sheriff in the state to serve a summons when requested by the board.
Amended by Act 2019, No. 910,§ 22, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 21, eff. 7/1/2019.
Acts 1921, No. 519, §§ 3, 7, 9; Pope's Dig., §§ 12359, 12363, 12365; A.S.A. 1947, §§ 77-119, 77-123, 77-125.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-307 - Infested zones - Emergency proclamation

(a)
Upon satisfactory information acquired in any manner or upon information furnished by the State Plant Board, signed by the secretary and at least three (3) members thereof, showing that a dangerous insect pest or plant disease exists in the state or is in dangerous proximity thereto, the Governor shall issue a proclamation specifying the insect pest or plant disease. The proclamation shall declare such a pest or disease to be a dangerous insect pest or plant disease which threatens an agricultural industry. It shall specify the plants, plant products, articles, substances, and places capable of harboring or spreading the dangerous insect pest or plant disease and shall declare the zones or areas in which the danger exists.
(b)
Until such time as the Governor shall ascertain from the board, as provided above, and shall by proclamation declare that the emergency has ceased to exist, it shall be unlawful for any person to grow or maintain within those zones or areas any plants, plant products, articles, substances, or places infected or infested with a dangerous plant disease or insect pest or likely to become so infested or infected.
(c)
Plants, plant products, articles, substances, or places may be grown or maintained in the manner and method and under the conditions which shall be prescribed by rules made and promulgated by the board as provided in this subchapter.
Acts 1921, No. 519, § 4; Pope's Dig., § 12360; A.S.A. 1947, § 77-120.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-308 - Infested zones - Regulation by State Plant Board - Destruction of plants, etc

(a)
It shall be the duty of the State Plant Board, and the board is authorized and directed, when public safety will permit, to make and promulgate rules which shall permit and govern the growing and maintenance in any zones or areas mentioned in §
2-16-307
of any plants, plant products, articles, substances, or places referred to in §
2-16-307
.
(b)
Whenever it shall be ascertained and determined by the board that any plants, plant products, articles, substances, or places are infested or infected or are so situated as to be subject to infestation or infection by a dangerous insect pest or plant disease, and thereby capable of spreading the infestation or infection, the board shall require the treatment, cutting, or destruction of the plants, plant products, articles, substances, or places.
(c)
If the owner, custodian, or occupant of the plants, plant products, articles, substances, or places referred to in this section cannot be found or shall, upon reasonable notice, fail or refuse to comply with the requirements of this subchapter, the requirements shall be carried out by the board and the expense thereof charged against the owner, custodian, or occupant.
Acts 1921, No. 519, § 5; Pope's Dig., § 12361; A.S.A. 1947, § 77-121.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-309 - Claims committee

(a)
Whenever property shall be damaged, destroyed, or rendered unproductive in carrying out the provisions of this subchapter, the Governor shall appoint a committee on claims for each county affected.
(b)
The committee shall consist of two (2) representatives of the county affected, and three (3) members of the State Plant Board, as follows:
(1)
The practical cotton grower;
(2)
The nurseryman; and
(3)
The practical horticulturist.
(c)
The members of the committee shall serve as long as the Governor shall deem their services to be necessary.
(d)
(1)
The committee shall elect a chairperson.
(2)
A majority of the members shall constitute a quorum for the transaction of business, but there shall be present at every meeting at least one (1) of the members appointed by the Governor to represent the county concerned and not less than two (2) members of the board composing the committee.
(e)
The members of the committee shall serve without compensation, but may receive expense reimbursement in accordance with §
25-16-901
et seq.
(f)
The committee shall engage such clerical and other help as may be necessary.
(g)
The committee shall investigate and cause a survey to be made to determine the claims of all persons whose property has been destroyed, damaged, or rendered unproductive in carrying out the provisions of this subchapter.
(h)
The committee shall submit each claim approved by it to the secretary of the board, who shall then issue for each claim a voucher for a warrant drawing on the State Treasury out of funds made available for the purpose, to the amount of the claims approved by the committee.
Acts 1921, No. 519, § 6; Pope's Dig., § 12362; Acts 1985, No. 385, § 1; A.S.A. 1947, § 77-122; Acts 1997, No. 250, § 3.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 3 - EMERGENCY PLANT ACT OF 1921 (§§ 2-16-301 — 2-16-310) › Section 2-16-310 - Annual report

The State Plant Board shall make an annual report to the Governor, in which report it shall give an account of the disposition of the appropriations which may be made for the purposes of carrying out the provisions of this subchapter.
Acts 1921, No. 519, § 11; Pope's Dig., § 12367; A.S.A. 1947, § 77-127.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 16 - PLANT DISEASE AND PEST CONTROL (§§ 2-16-101 — 2-16-909) › Subchapter 4 - PESTICIDE CONTROL (§§ 2-16-401 — 2-16-419) › Section 2-16-401 - Title

This subchapter shall be known as the "Arkansas Pesticide Control Act".
Acts 1975, No. 410, § 1; A.S.A. 1947, § 77-227.