reglab/statecodes huggingface dataset:
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-220 - State Board of Health - Inspection

(a)
The State Board of Health or its authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose of:
(1)
Inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this subchapter are being violated; and
(2)
Securing samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the samples.
(b)
It shall be the duty of the board to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this subchapter is being violated.
Acts 1953, No. 415, § 20; A.S.A. 1947, § 82-1120.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-221 - State Board of Health - Publication and dissemination of information

(a)
The State Board of Health may cause reports to be published summarizing all judgments, decrees, and court orders which have been rendered under this subchapter, including the nature of the charge and the disposition thereof.
(b)
The board may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the board deems necessary in the interest of the public health and the protection of the consumer against fraud.
(c)
Nothing in this section shall be construed to prohibit the board from collecting, reporting, and illustrating the results of the investigations of the board.
Acts 1953, No. 415, § 21; A.S.A. 1947, § 82-1121.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-222 - State Board of Health - Enforcement of subchapter

(a)
The enforcement of the provisions of this subchapter and all acts ancillary to it shall be the duty of the Division of Environmental Health Protection of the Department of Health.
(b)
The State Board of Health is authorized to appoint the necessary personnel to properly administer this subchapter.
Acts 1953, No. 415, § 22; A.S.A. 1947, § 82-1122.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 2 - FOOD, DRUG, AND COSMETIC ACT (§§ 20-56-201 — 20-56-223) › Section 20-56-223 - State Board of Health - Enforcement of federal law

The State Board of Health is authorized to confer and cooperate with the United States Food and Drug Administration in the enforcement of the Federal Food, Drug, and Cosmetic Act as it may apply to food, liquor, drugs, and cosmetic products received in this state from other states, territories, or foreign countries.
Acts 1953, No. 415, § 23; A.S.A. 1947, § 82-1123.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 3 - MEDICAL MARIJUANA (§§ 20-56-301 — 20-56-308) › Section 20-56-301 - Prohibition on self-service machine

A dispensary shall not use a self-service machine such as a vending machine for the purchase and dispensing of medical marijuana.
Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 3 - MEDICAL MARIJUANA (§§ 20-56-301 — 20-56-308) › Section 20-56-302 - Prohibition on being intoxicated while at dispensary or cultivation facility

An individual shall not use marijuana or be intoxicated by marijuana while at a dispensary or a cultivation facility.
Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 3 - MEDICAL MARIJUANA (§§ 20-56-301 — 20-56-308) › Section 20-56-303 - Limitations on access to dispensary or cultivation facility

(a)
Except as provided in subsection (b) of this section, a dispensary or a cultivation facility shall not allow access to the dispensary, cultivation facility, or the property of the dispensary or cultivation facility to individuals who:
(1)
Do not possess a current registry identification card issued by the Department of Health or the Alcoholic Beverage Control Division; or
(2)
Are not authorized by law to be at the dispensary or cultivation facility.
(b)
(1)
A cultivation facility may allow access by visitors to restricted areas of the cultivation facility if:
(A)
The visitor:
(i)
Presents a government-issued identification upon entry;
(ii)
Wears a visitor designation tag at all times;
(iii)
Is escorted by authorized personnel at all times in the cultivation facility;
(iv)
Is not a minor; and
(v)
Has been invited by the cultivation facility or management personnel of the cultivation facility; and
(B)
The cultivation facility maintains:
(i)
A log book recording the name, address, and purpose of the visit for each visitor; and
(ii)
Video surveillance of the restricted areas.
(2)
(A)
A parent with a registry identification card or a designated caregiver registry identification card may bring his or her child or children into a dispensary or cultivation facility for the purpose of purchasing usable marijuana.
(B)
A parent without a designated caregiver registry identification card or registry identification card may accompany his or her child who has a registry identification card into a dispensary or cultivation facility for the purpose of purchasing usable marijuana for the child or children.
Amended by Act 2021, No. 919,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 3 - MEDICAL MARIJUANA (§§ 20-56-301 — 20-56-308) › Section 20-56-304 - Child-proof packaging - Definition

(a)
As used in this section, "child-proof packaging" means packaging that cannot be opened by a child or that prevents ready access to a toxic or harmful amount of the product, and that meets the testing requirements in accordance with the method described in
16 C.F.R. § 1700.20
, as existing on January 1, 2017.
(b)
A dispensary or cultivation facility shall ensure that all usable marijuana under Arkansas Constitution, Amendment 98, or products containing usable marijuana be packaged or provided in child-proof packaging.
(c)
A qualifying patient or designated caregiver under Arkansas Constitution, Amendment 98, shall keep all usable marijuana, including without limitation food or drink infused with usable marijuana, in child-proof packaging.
Added by Act 2017, No. 1023,§ 1, eff. 8/1/2017.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 3 - MEDICAL MARIJUANA (§§ 20-56-301 — 20-56-308) › Section 20-56-306 - Prohibitions on manufacturing and processing medical marijuana - Definition

(a)
As used in this section, "commercially available" means any candy, food, or beverage product that is produced or sold by a third party.
(b)
A cultivation facility, dispensary, or processor shall not process or manufacture a medical marijuana product in a non-childproof package or container for consumption that:
(1)
Is likely to appeal to minors due to shape, color, taste, or design, including without limitation:
(A)
Products that are modeled after noncannabis products primarily consumed by and marketed to children;
(B)
Products in the shape of an animal, vehicle, person, or character; and
(C)
Products that contain cannabinoid concentrates or extracts that, as determined by the Alcoholic Beverage Control Division, closely resemble foods or beverages that are attractive to minors and that are commonly sold in retail establishments in individually packaged portions or in multiple packs of individually packaged portions, regardless of whether the foods or beverages are generic, trademarked, or branded products, including without limitation candy, cookies, cakes, pastries, chewing gum, and brownies; or
(2)
Is manufactured by applying cannabinoid concentrates or extracts to trademarked or branded food, candy, or beverages that are commercially available without cannabinoid concentrates or extracts and are commonly sold at retail establishments in individual portions or in multiple packs of individually packaged portions.
(c)
(1)
The division shall promulgate rules to implement this section.
(2)
(A)
When adopting the initial rules to implement this section, the final rules shall be filed with the Secretary of State for adoption under §
25-15-204(f)
:
(i)
On or before January 1, 2020; or
(ii)
If approval under §
10-3-309
has not occurred by January 1, 2020, as soon as practicable after approval under §
10-3-309
.
(B)
The division shall file the proposed rules with the Legislative Council under §
10-3-309(c)
sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.
Added by Act 2019, No. 989,§ 2, eff. 7/24/2019.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 3 - MEDICAL MARIJUANA (§§ 20-56-301 — 20-56-308) › Section 20-56-307 - Visiting qualifying patient registry identification card

A registry identification card for a visiting qualifying patient shall be extended for a period of ninety (90) days.
Added by Act 2021, No. 1028,§ 1, eff. 7/28/2021.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 3 - MEDICAL MARIJUANA (§§ 20-56-301 — 20-56-308) › Section 20-56-308 - Firearm rights protections

(a)
The General Assembly finds that under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 5(f), a person's status as a qualifying patient or designated caregiver is confidential.
(b)
The Department of Health shall not disclose the identity of a person who has been issued a registry identification card to the Division of the Arkansas State Police for the purpose of facilitating a criminal history record check or any other background check related to the issuance of a license to carry a concealed handgun under §
5-73-301
et seq.
(c)
The Director of the Division of Arkansas State Police shall not consider a person's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun under §
5-73-301
et seq.
Added by Act 2023, No. 757,§ 2, eff. 8/1/2023.
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-401 - [See Note] Purpose

It is the intent of this subchapter to provide regulation of certain hemp-derived products to:
(1)
Prevent the sale and use of illicit hemp-based products within Arkansas; and
(2)
Protect and promote the public health and welfare of the residents of this state.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-403 - [See Note] Construction

(a)
A hemp-derived product shall not be delivered, sold, bought, or used in this state except in conformity with all applicable laws and regulations, including this subchapter and any rules promulgated under this subchapter.
(b)
A person shall not sell a hemp-derived product without being permitted by Arkansas Tobacco Control.
(c)
A product intended for human consumption or inhalation that is derived from hemp and contains tetrahydrocannabinol shall not be permitted or allowed under the laws of this state, other than hemp-derived products if otherwise legal under state law.
(d)
(1)
A hemp-derived product shall not be combined with or contain any of the following:
(A)
Any liquid, hydrocolloid, animal-based substance, thickener, sweetener, flavoring, synthetic product, propylene glycol, vegetable glycerin, or other non-hemp-derived substance;
(B)
Nicotine or tobacco; or
(C)
Any amount of tetrahydrocannabinol as to create a danger of misuse, overdose, accidental overconsumption, inaccurate dosage, or other risk to the public.
(2)
Medical devices, prescription drugs, or drugs otherwise approved by the United States Food and Drug Administration shall not be considered hemp-derived products.
(e)
The business of handling, receiving, possessing, storing, distributing, taking orders for, soliciting orders of, selling, offering for sale, and dealing in, through sale, barter, or exchange, hemp-derived products is declared to be a privilege under the Arkansas Constitution and laws of the State of Arkansas.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-405 - [See Note] Permits - Location - Background check required

(a)
A retail, wholesale, or manufacturer permit shall not be issued to a residential address, a mobile structure or vehicle, or for an address not zoned appropriately for the business seeking to secure the permit.
(b)
A permit shall not be issued to:
(1)
A person who has pleaded guilty or nolo contendere to or been found guilty of a felony; or
(2)
A business owned or operated, in whole or in part, by a person who has pleaded guilty or nolo contendere to or been found guilty of a felony.
(c)
Arkansas Tobacco Control shall conduct a criminal background check on each permit applicant and application, utilizing its Arkansas Crime Information Center access as a law enforcement agency, in accordance with §§
12-12-1008
-
12-12-1011
.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-407 - [See Note] Permits - Not transferable - Duplicates

(a)
A permit under this subchapter is not:
(1)
Transferable to a subsequent owner or operator; or
(2)
Transferable to a different physical location unless the permit holder obtains permission from the Director of Arkansas Tobacco Control.
(b)
A person purchasing an existing permitted retail location may operate under the selling owner's permit for no more than thirty (30) days from the date of the sale.
(c)
When a permit is lost by a permit holder, a duplicate permit may be issued upon application and for a fee of five dollars ($5.00) when sufficient proof has been given to the Director of Arkansas Tobacco Control.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-408 - [See Note] Permits - Suspension or revocation

(a)
All permits issued under this subchapter shall be suspended or revoked by the Director of Arkansas Tobacco Control for any violation of this subchapter or the rules pertaining to this subchapter, subject to a hearing before the Arkansas Tobacco Control Board at the next regularly scheduled board meeting.
(b)
The director may revoke all permits to deal in hemp-derived products associated with any person who is convicted of or pleads guilty or nolo contendere to criminally violating this subchapter, subject to a hearing before the board at the next regularly scheduled board meeting.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-409 - [See Note] Advertising prohibitions and packaging requirements

(a)
A hemp-derived product distributed or offered for sale in this state shall include the following information on the product label or product packaging:
(1)
The name of the hemp-derived product manufacturer, whether in-state or out-of-state, and distributor, whether in-state or out-of-state;
(2)
Product labeling clearly showing that the product contains material derived from hemp and not marijuana or medical marijuana; and
(3)
Any other marking, words, statement, or symbol as required by Arkansas Tobacco Control through rules.
(b)
A person shall not advertise, market, or offer for sale in this state any hemp-derived product by using, in the labeling or design of the product, its packaging, or in its advertising or marketing materials, trade dress, trademarks, branding, or other related imagery that:
(1)
Imitates or replicates those of food brands or other related products that are marketed to or are commonly associated with children or minors, including without limitation breakfast cereal, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops;
(2)
Depicts or signifies characters or symbols that are known to a reasonable person to appeal primarily to or are commonly associated with children or minors, including without limitation superheroes, cartoons or cartoon characters, including anime characters, comic book characters, video game characters, television show characters, movie characters, mythical creatures, unicorns, or that otherwise incorporates related imagery or scenery; or
(3)
Uses the terms "candy", "candies", "cake", "cakes", "pies", or "cupcakes" or any variant of these terms, or any other term referencing a type or brand of candy, cakes, pastries, or pies, including types or brands of candy, cakes, pastries, or pies that do not include the words "candy", "candies", "cake", "cakes", "pies", or "cupcakes" in their names, labels, or slogans.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-410 - [See Note] Testing

(a)
All hemp-derived products sold in this state shall be tested by an approved laboratory.
(b)
An approved laboratory shall be an independent third-party laboratory.
(c)
A hemp-derived product sold in this state shall be tested for the following and marked as to the hemp-derived product chemical makeup before being sold to consumers:
(1)
Cannabinoid profile;
(2)
Solvents;
(3)
Pesticides;
(4)
Microbials;
(5)
Heavy metals; and
(6)
Any non-hemp-based substance.
(d)
A hemp-derived product shall not be distributed or sold in this state without a certificate of analysis from an approved laboratory that confirms:
(1)
The hemp-derived product was tested by an approved laboratory;
(2)
A tested representative sample of the hemp-derived product contained a total delta-9 tetrahydrocannabinol concentration that did not exceed three-tenths of one percent (0.3%) under this subchapter; and
(3)
A detailed analysis and list of chemical makeup of the tested hemp-derived product under subsection (c) of this section.
(e)
Arkansas Tobacco Control may periodically sample, analyze, and test any hemp-derived product located in this state.
(f)
The Director of Arkansas Tobacco Control shall:
(1)
Investigate and issue subpoenas to any permittee or approved laboratory used by a permittee that the director has reasonable suspicion of intentionally producing falsified test results on hemp-derived products; and
(2)
Promulgate rules for the enforcement of this section and set penalties for any violation of the rules.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-412 - [See Note] Enforcement - Penalties

(a)
It is the duty of all state, county, and city officers to assist Arkansas Tobacco Control in enforcing this subchapter.
(b)
A person within the jurisdiction of this state who is not permitted to sell hemp-derived products to retailers or consumers and who sells, takes orders from, delivers, or causes to be delivered immediately or in the future any hemp-derived products to retailers or consumers in the State of Arkansas is guilty of a Class A misdemeanor.
(c)
A person engaged in buying or selling hemp-derived products in this state without first obtaining the proper permit upon conviction is guilty of a Class A misdemeanor.
(d)
This subchapter does not prohibit in any form the continuous transportation through Arkansas of the plant Cannabis sativa L., and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis, from one licensed hemp producer in another state to a licensed hemp handler in another state.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-413 - [See Note] Rules

The Director of Arkansas Tobacco Control and Arkansas Tobacco Control may promulgate rules for the proper enforcement of their powers and duties under this subchapter, including without limitation the regulation of processing, transportation, delivery, sale, and purchase of hemp-derived products in accordance with this subchapter and the power to levy penalties for violations of this subchapter.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-57-101 — 20-57-104) › Section 20-57-101 - Sale, importation, etc., of certain food prohibited

(a)
Whoever shall knowingly sell or offer or expose for sale, or bring or cause to be brought into this state to sell or offer for sale, or shall have in his, her, or their possession with intent to sell for food, the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or shall sell or offer for sale the flesh purported to be of one animal, knowing it to be of another species, or shall offer for sale or sell any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, fowl, vegetable, produce, or provision of any kind whatever without making this fully known to the purchaser, or shall sell or offer to sell the meat of any calf which was killed before it had attained the age of six (6) weeks, shall be deemed guilty of a misdemeanor.
(b)
Upon conviction, the person shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six (6) months.
Acts 1893, No. 161, § 1, p. 290; C. & M. Dig., § 4826; Pope's Dig., § 6017; A.S.A. 1947, § 82-901.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-57-101 — 20-57-104) › Section 20-57-103 - Donors of canned food, live food, or perishable food not liable - Exception - Definitions

(a)
As used in this section, unless the context otherwise requires:
(1)
"Canned food" means any food commercially processed and prepared for human consumption;
(2)
"Live food" means live or recently deceased animals, such as wild game or farm stock, that may be legally processed for use as food for human consumption; and
(3)
(A)
"Perishable food" means any food which may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition.
(B)
"Perishable food" includes without limitation fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.
(b)
The provisions of this section shall govern all good faith donations of perishable food which is not readily marketable due to appearance, freshness, grade, surplus, or other conditions, but nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of the food for human consumption.
(c)
All other provisions of law notwithstanding, a good faith donor of canned food, live food, or perishable food which is apparently fit for human consumption at the time it is donated to a bona fide charitable or not-for-profit organization for free distribution or distribution at a nominal cost is not subject to criminal or civil liability arising from an injury or death due to the condition of the food unless the injury or death is a direct result of the gross negligence, recklessness, or intentional misconduct of the donor.
Amended by Act 2019, No. 946,§ 1, eff. 7/24/2019.
Acts 1981, No. 73, §§ 1-3; A.S.A. 1947, §§ 82-998.1 -- 82-998.3.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-57-101 — 20-57-104) › Section 20-57-104 - Food safety - Definition

(a)
Employees of food service establishments shall keep their hands and exposed portions of their arms clean in a manner approved by the Department of Health.
(b)
(1)
Except when washing fruits and vegetables, employees of food service establishments shall avoid contact of exposed ready-to-eat food with their hands by use of suitable utensils such as deli tissue, spatulas, tongs, or single-use gloves, or they shall wash their hands and exposed portions of their arms utilizing a hand-washing program approved by the department.
(2)
Employees shall minimize bare-hand and bare-arm contact with exposed food that is not in a ready-to-eat form.
(c)
(1)
Within thirty (30) days of August 13, 2001, the department shall initiate a full review of the current version of the United States Food and Drug Administration Food Code.
(2)
The department shall report its findings to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.
(d)
As used in this section, "food service establishment" means any:
(1)
Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere;
(2)
Grocery store, delicatessen, meat market, retail bakery, or other establishment which sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; and
(3)
Other eating and drinking establishment where food is served or provided for the public with or without charge.
Acts 2001, No. 1656, § 1.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 2 - FOOD SERVICE ESTABLISHMENTS (§§ 20-57-201 — 20-57-209) › Section 20-57-202 - [Repealed]

Repealed by Act 2017, No. 540,§ 49, eff. 8/1/2017.
Acts 1977, No. 357, § 2; 1979, No. 57, § 1; A.S.A. 1947, § 82-997.1; Acts 1987, No. 903, § 2; 1989, No. 67, § 2; 1997, No. 250, § 200.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 2 - FOOD SERVICE ESTABLISHMENTS (§§ 20-57-201 — 20-57-209) › Section 20-57-203 - Secretary of the Department of Health - Powers and duties

The Secretary of the Department of Health shall have:
(1)
Power and authority to prevent the proliferation of infections, contagious, and communicable diseases resulting from unsanitary food service operations; and
(2)
Direction and control over all sanitary and quarantine measures for dealing with all such diseases within the state and to suppress the diseases and prevent their spread.
Amended by Act 2019, No. 910,§ 5043, eff. 7/1/2019.
Acts 1977, No. 357, § 6; A.S.A. 1947, § 82-997.4.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 2 - FOOD SERVICE ESTABLISHMENTS (§§ 20-57-201 — 20-57-209) › Section 20-57-205 - Disposition of funds

(a)
All fees levied and collected under the provisions of §§
20-57-102
and
20-57-204
are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health for personnel, equipment, and training of sanitarians and food service industry personnel.
(b)
Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the food service program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
Amended by Act 2019, No. 315,§ 2181, eff. 7/24/2019.
Acts 1977, No. 357, § 4; A.S.A. 1947, § 82-997.3; Acts 1987, No. 903, § 4; 1991, No. 378, § 4.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 2 - FOOD SERVICE ESTABLISHMENTS (§§ 20-57-201 — 20-57-209) › Section 20-57-206 - Duplicate fees not required

A food service establishment which holds a current food service permit issued by the Division of Environmental Health Protection of the Department of Health under the provisions of §§
20-57-102
and
20-57-201
,
20-57-202
[repealed],
20-57-203
-
20-57-205
shall not be required to pay a fee or obtain a permit under the provisions of §§
20-59-206
-
20-59-211
.
Acts 1979, No. 58, § 1; A.S.A. 1947, § 82-998.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 2 - FOOD SERVICE ESTABLISHMENTS (§§ 20-57-201 — 20-57-209) › Section 20-57-207 - Prevention of choking - Nonliability

(a)
The Secretary of the Department of Health shall study and approve instructions detailing first aid techniques and a poster diagramming first aid techniques designed and intended for use by a person without medical training in removing food which has become lodged in the throat of a choking victim.
(b)
The secretary shall publish the approved instructions and poster and make them available to each food service operation in the state.
(c)
Each food service operation shall post the instructions and the poster in places conspicuous to persons employed by or connected with the management of the food service operation in order that persons may become familiar with the techniques and may consult the instructions to provide relief to a choking victim.
(d)
Failure of a food service operation to post the instructions and the poster as required by this section shall not subject the food service operation, any of its employees, or any persons connected with its management to any criminal penalty or to civil liability in an action for damages for personal injury or wrongful death arising from any choking emergency.
(e)
Nothing in this section shall impose or be construed to impose a duty or obligation upon any food service operation, any of its employees, any person connected with its management, or any other person to remove, attempt to remove, or assist in removing food which has been lodged in the throat of a choking victim.
(f)
No food service operation, employee of a food service operation, nor person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for not removing, not attempting to remove, or not assisting in the removal of food which has become lodged in the throat of a choking victim.
(g)
No food service operation, employee of a food service operation, person connected with its management, nor any other person shall be liable in any civil action for damages for personal injury or wrongful death for any acts or omissions of any individual removing, attempting to remove, or assisting in the removal of food lodged in the throat of a choking victim in accordance with instructions supplied by the secretary.
Amended by Act 2019, No. 910,§ 5045, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5044, eff. 7/1/2019.
Acts 1977, No. 204, § 1; 1985, No. 225, § 1; A.S.A. 1947, § 82-996.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 2 - FOOD SERVICE ESTABLISHMENTS (§§ 20-57-201 — 20-57-209) › Section 20-57-208 - Classification by letter grades - Definition

(a)
As used in this section, "food service establishment" means any restaurant, cafe, cafeteria, soda fountain, hotel kitchen, tavern, industrial feeding establishment, school lunchroom, grocery store, hospital kitchen, nursing home kitchen, and any private, public, or nonprofit organization or institution regularly selling or serving food to the public, or any other place in which food is regularly prepared or offered for sale whether for consumption on or off the premises.
(b)
Neither the Department of Health nor any city or county department of health shall continue to classify food service establishments by letter grades on the basis of compliance with state, city, or county sanitary regulations.
Acts 1977, No. 526, §§ 1, 2; A.S.A. 1947, §§ 82-1124, 82-1125.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 2 - FOOD SERVICE ESTABLISHMENTS (§§ 20-57-201 — 20-57-209) › Section 20-57-209 - [Repealed]

Repealed by Act 2021, No. 1040,§ 2, eff. 7/28/2021.
Added by Act 2019, No. 775,§ 2, eff. 7/24/2019.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 3 - FLOUR AND BREAD ENRICHMENT ACT (§§ 20-57-301 — 20-57-309) › Section 20-57-301 - Title

This subchapter may be cited as the "Flour and Bread Enrichment Act".
Acts 1945, No. 214, § 1; A.S.A. 1947, § 82-934.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 3 - FLOUR AND BREAD ENRICHMENT ACT (§§ 20-57-301 — 20-57-309) › Section 20-57-302 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Appropriate federal agency" means the United States Food and Drug Administration or any agency or department or administrative federal officer charged with the enforcement and administration of the Federal Food, Drug, and Cosmetic Act;
(2)
"Bread" shall include all yeast-raised commercial bakery products, made wholly or partly from wheat flour but excludes products containing no wheat flour or products made from one hundred percent (100%) whole wheat flour and also excludes all biscuits and crackers;
(3)
"Enrichment" as applied to flour or bread means the addition thereto of vitamins and other ingredients of the nature required by this subchapter, and the term "enriched flour" as defined by the United States Food and Drug Administration, 6 Fed. Reg. 2579 (1941) and 8 Fed. Reg. 2772 (1941), and "enriched bread", 6 Fed. Reg. 2772 (1941) and 8 Fed. Reg. 10785 (1943), means flour or bread which has been enriched to conform with the requirements of this subchapter;
(4)
"Flour" includes and shall be limited to flour of every kind and description, made wholly or partly from wheat, which conforms to the definition and standard of identity of flour including white flour, wheat flour, and plain flour as promulgated by the United States Food and Drug Administration, 6 Fed. Reg. 2754 (1941), but excluding whole wheat flour made only from the whole wheat berry with no part thereof removed and also excluding special packaged flours not used for bread baking such as cake, pancake, cracker, and pastry flours; and
(5)
"Person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.
Acts 1945, No. 214, § 2; A.S.A. 1947, § 82-935.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 3 - FLOUR AND BREAD ENRICHMENT ACT (§§ 20-57-301 — 20-57-309) › Section 20-57-303 - Applicability

(a)
The terms of this subchapter shall not apply to flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry, the products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this subchapter.
(b)
The terms of this subchapter shall not apply to flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill may manufacture tollwheat into flour and sell or offer for sale the flour, whereupon this subchapter shall be applicable.
(c)
The provisions of this subchapter shall not apply to farmers exchanging their wheat for flour or having the wheat ground into flour and disposing of the wheat for their own use or for the use of farm labor on their farms.
Acts 1945, No. 214, § 3; A.S.A. 1947, § 82-936.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 3 - FLOUR AND BREAD ENRICHMENT ACT (§§ 20-57-301 — 20-57-309) › Section 20-57-304 - Penalty

Any person who violates any of the provisions of this subchapter, or the orders or rules promulgated by the Secretary of the Department of Health under authority thereof, shall upon conviction be subject to a fine for each and every offense in a sum not exceeding five hundred dollars ($500) or to imprisonment for not more than six (6) months, or both fine and imprisonment.
Amended by Act 2019, No. 315,§ 2182, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5046, eff. 7/1/2019.
Acts 1945, No. 214, § 8; A.S.A. 1947, § 82-941.
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 57 - REGULATION OF FOOD GENERALLY (§§ 20-57-101 — 20-57-507) › Subchapter 3 - FLOUR AND BREAD ENRICHMENT ACT (§§ 20-57-301 — 20-57-309) › Section 20-57-305 - Powers and duties of State Board of Health and Secretary of the Department of Health

(a)
The State Board of Health is authorized as the administrative agency and is directed:
(1)
To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make; and
(2)
From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in §§
20-57-302
,
20-57-303
, and
20-57-306
as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act.
(b)
All orders and rules adopted by the board pursuant to this subchapter shall be published in the manner prescribed in subsection (c) of this section and, within the limits specified by this subchapter, shall become effective upon such date as the Secretary of the Department of Health shall fix.
(c)
Whenever under this subchapter publication of any notice, order, or rule is required, the publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the state.
(d)
(1)
The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision.
(2)
All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any flour or bread therein, and all pertinent equipment, materials, containers, and labeling.
Amended by Act 2019, No. 315,§ 2184, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2183, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5048, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5047, eff. 7/1/2019.
Acts 1945, No. 214, § 7; A.S.A. 1947, § 82-940.