Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 61 - FISH AND SEAFOOD (§§ 20-61-101 — 20-61-305) › Subchapter 2 - ARKANSAS CATFISH MARKETING ACT OF 1975 (§§ 20-61-201 — 20-61-209) › Section 20-61-206 - Labeling

(a)
A catfish or catfish-like product shall not be offered for direct retail sale for human consumption by a processor, distributor, or retailer unless the catfish or catfish-like product name is specifically labeled in the following manner:
(1)
"Farm-Raised Catfish",
if the product has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture;
(2)
"River or Lake Catfish",
if the product has been produced in any freshwater lake, river, or stream of the state but has not been produced according to the usual and customary techniques of commercial aquaculture;
(3)
"Imported",
provided the catfish or catfish-like species is produced from freshwater, either according to the usual and customary techniques of aquaculture, or from freshwater lakes, rivers, or streams of a country other than the United States; and
(4)
"Ocean Catfish",
provided the catfish product is produced from marine or estuarine waters in the United States.
(b)
Any person selling river or lake catfish or catfish-like species exclusively and directly to the consumer may have on his or her premises a sign reasonably visible to the consumer which identifies the product as river or lake catfish or catfish-like species, rather than labeling each individual container or package of catfish or catfish-like product, as provided in subsection (a) of this section.
(c)
Any retailer selling catfish or catfish-like products not wrapped or in a container may comply with this subchapter by placing a sign on the display case or refrigeration unit so that the sign is reasonably visible to the consumer, giving notice that the catfish or catfish-like species is either farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as the products are defined in subsection (a) of this section.
(d)
Any advertising as to any catfish or catfish-like product shall state whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as defined in subsection (a) of this section.
(e)
Subsections (a)-(d) of this section shall not apply to catfish or catfish-like products exported from the United States.
(f)
All distributors, processors, or wholesalers of catfish or catfish-like products distributing or selling catfish or catfish-like products shall provide information to each person, firm, or corporation to whom they distribute or sell catfish or catfish-like products for resale as to whether the catfish or catfish-like product is farm-raised catfish or catfish-like species, river or lake catfish or catfish-like species, imported catfish or catfish-like species, or ocean catfish, as these terms are defined in subsection (a) of this section.
Amended by Act 2015, No. 1191,§ 3, eff. 1/1/2016.
Acts 1975 (Extended Sess., 1976), No. 1209, §§ 4, 5; A.S.A. 1947, §§ 82-990, 82-991; reen. Acts 1987, No. 1005, §§ 4, 5.