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 20-57-102 - Salvage of food - Definitions

(a)
As used in this section, unless the context otherwise requires:
(1)
"Food salvage distributor" means a person, firm, or corporation that engages in the business of distributing, peddling, or otherwise trafficking in any salvaged products enumerated in the definition of a food salvager; and
(2)
"Food salvager" means a person, firm, or corporation engaged in the business of reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling, or by other means salvaging items and who sells, offers for sale, or distributes for human or animal consumption any salvaged food, beverage, including beer, wine and distilled spirits, vitamin, food supplement, dentifrice, drug, cosmetic, single-service food container or utensil, soda straws, paper napkins, or any other product of a similar nature that has been damaged or contaminated by fire, water, smoke, chemicals, transit, or by any other means.
(b)
(1)
Food salvagers and food salvage distributors located in or operating in Arkansas shall obtain a permit from the Department of Health upon payment of a fee of one hundred fifty dollars ($150) as a condition of the right to carry on the business.
(2)
Permits issued under this section shall not be transferable and shall be renewed annually.
(3)
The department may issue permits for less than one (1) year. The cost of the permits shall be based upon the number of months the permit is valid divided by twelve (12) months multiplied by the annual permit fee.
(c)
The State Board of Health is empowered to promulgate and enforce reasonable rules in order to assure that salvaged foods are safe for human or animal consumption, as the case may be.
(d)
It shall be the duty of the Division of Environmental Health Protection of the Department of Health to administer the provisions of this section and the rules pursuant to it.
(e)
All fees levied and collected under the provisions of this section are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund.
(f)
(1)
A person who violates a provision of this section or a rule pursuant to it shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or shall be sentenced to imprisonment for not more than thirty (30) days, or both a fine and imprisonment.
(2)
Each day on which a violation of this section occurs or continues constitutes a separate offense and shall be punished accordingly.
(g)
Subject to the rules which may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to the food salvager's permit 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,§ 2178, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2177, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2176, eff. 7/24/2019.
Acts 1963, No. 241, §§ 1-8; 1977, No. 357, § 5; A.S.A. 1947, §§ 82-967 -- 82-974; Acts 1987, No. 451, § 1; 1991, No. 378, § 1.