reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 1 - GENERAL PROVISIONS (§§ 2-1-101 — 2-11-107) › Chapter 11 - AGRITOURISM ACT (§§ 2-11-101 — 2-11-107) › Section 2-11-106 - Limitation of liability

(a)
An agritourism activity operator or participant is not liable for damages arising from the personal injury or death of a participant if:
(1)
The injury or death results from an inherent risk; and
(2)
The warning contained in §
2-11-107
is posted.
(b)
The limitation of liability provided by this section is in addition to any other limitation of liability provided by law.
Amended by Act 2013, No. 1122,§ 1, eff. 8/16/2013.
Acts 2011, No. 1024, § 1.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 1 - GENERAL PROVISIONS (§§ 2-1-101 — 2-11-107) › Chapter 11 - AGRITOURISM ACT (§§ 2-11-101 — 2-11-107) › Section 2-11-107 - Warning required

(a)
At each agritourism activity, the agritourism activity operator shall post and maintain signage in a clearly visible location at or near the main entrance to the agritourism activity and in black letters at least one inch (1") in height containing the following warning:
"WARNING - Under Arkansas law, an agritourism activity operator is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of agritourism activities. Inherent risks include without limitation the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity."
(b)
The agritourism activity operator shall include, in clearly visible print, the warning contained in subsection (a) of this section in a written contract between the agritourism activity operator and each participant.
(c)
At each agritourism activity, the agritourism operator shall post and maintain signage of a specific or known hazard in the particular area on or surrounding the agritourism activity.
Acts 2011, No. 1024, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 1 - ARKANSAS CROP AND RESEARCH FACILITY PROTECTION ACT (§ 2-15-101) › Section 2-15-101 - Arkansas Crop and Research Facilities Protection Act

(a)
This section shall be known and may be cited as the "Arkansas Crop and Research Facilities Protection Act".
(b)
(1)
Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility or a university or any federal, state, or local government agency shall be liable for twice the value of the crop damaged or destroyed.
(2)
In awarding damages under this section, the courts shall consider:
(A)
The market value of the crop before damage or destruction; and
(B)
Production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.
(3)
Damages available under this section shall be limited to:
(A)
Twice the market value of the crop before damage or destruction; plus
(B)
Twice the actual damages involving production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed.
(c)
This section shall not apply to any persons or entities when performing construction, land improvements, or excavation work in or upon any public right-of-way, public easement, or utility easement or who in good faith believe they are in or upon the right-of-way or easement.
Acts 2001, No. 1025, §§ 1-3.
Arkansas Code of 1987 (2023) › Title 2 - AGRICULTURE (§§ 2-1-101 — 2-40-1305) › Subtitle 2 - AGRONOMY (§§ 2-15-101 — 2-25-106) › Chapter 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-201 - Title

This subchapter shall be known and may be cited as the "Arkansas Rice Certification Act".
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-202 - Definitions

As used in this subchapter:
(1)
"Characteristics of commercial impact" means characteristics that may adversely affect the marketability of rice in the event of commingling with any other rice and includes, but is not limited to, those characteristics:
(A)
That cannot be identified without the aid of specialized equipment or testing;
(B)
That create a significant economic impact in their removal from commingled rice; and
(C)
Whose removal from commingled rice is not feasible; and
(2)
"Person" includes any individual, partnership, limited liability company, limited liability partnership, corporation, firm, company, or any other entity doing business in Arkansas.
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-203 - Prohibition of rice with characteristics of commercial impact

No person may introduce, sell, plant, produce, harvest, transport, store, process, or otherwise handle rice identified as having characteristics of commercial impact, except in compliance with this subchapter and the rules adopted by the State Plant Board.
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-204 - Administration - Duties of the State Plant Board

(a)
The State Plant Board shall:
(1)
Administer and enforce this subchapter;
(2)
Promulgate rules to implement the purposes and requirements of this subchapter, including rules that will establish a penalty matrix for violations of this subchapter and the rules promulgated under this subchapter; and
(3)
Receive and investigate complaints regarding alleged violations of this subchapter and rules promulgated by the board.
(b)
The board may:
(1)
Prohibit or place restrictions on the selling, planting, producing, harvesting, transporting, storing, processing, or other handling of rice identified as having characteristics of commercial impact; and
(2)
Charge a reasonable fee to cover the cost of inspections and other activities permitted under this subchapter.
(c)
All moneys received by the board under this subchapter and the rules adopted by the board shall be deposited into the Plant Board Fund to be used for carrying out the provisions of this subchapter.
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-205 - Scientific Review Committee

(a)
The State Plant Board may appoint a Scientific Review Committee.
(b)
The committee shall review and make recommendations to the board concerning all matters contained in this subchapter, including:
(1)
Identifying rice that has characteristics of commercial impact;
(2)
Reviewing rice identified as having characteristics of commercial impact upon receipt of a petition from the purveyor of the rice;
(3)
Recommending rules establishing terms and conditions for planting, producing, harvesting, selling, transporting, processing, storing, or otherwise handling rice identified under subdivision (b)(1) of this section; and
(4)
Reviewing the efficacy of terms, conditions, and identity preservation programs imposed on the planting, producing, harvesting, transporting, drying, storing, or other handling of rice identified under subdivision (b)(1) of this section, using the most current industry standards and generally accepted scientific principles.
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-206 - Violations - Notice

(a)
Upon receiving a complaint alleging that a person has violated this subchapter or a rule of the State Plant Board, the board shall provide notice to the person and an opportunity for the person to respond to the complaint.
(b)
If the board determines that the complaint warrants further action, the board shall notify the person in writing of the board's decision.
(c)
The board may seek injunctive relief, commence a civil action against the person, or seek other remedies provided by law.
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-207 - Exemptions

The provisions of this subchapter shall not apply to research conducted by a federal, state, or private entity, including an institution of higher education, which conforms to and is in compliance with all state and federal laws and rules for laboratory management practices.
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 2 - ARKANSAS RICE CERTIFICATION ACT (§§ 2-15-201 — 2-15-208) › Section 2-15-208 - Penalties

(a)
(1)
The State Plant Board may impose a civil penalty for violation of §
2-15-203
.
(2)
The penalty shall not exceed one hundred thousand dollars ($100,000).
(3)
Each day of a continuing violation of §
2-15-203
is a separate violation.
(b)
The board may bring an action in any court of competent jurisdiction to collect a penalty under this section and may recover all attorney's fees, costs, and expenses incurred by the board in bringing the action.
Acts 2005, No. 1238, § 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-301 - Title

This subchapter shall be known and may be cited as the "Grain, Soybean, and Peanut Owner's Lien Act".
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-303 - Grain, soybeans, or peanuts lien

(a)
(1)
To secure the obligations of a first purchaser to pay the sales price, a grain, soybean, or peanut owner is granted a lien in all grain, soybeans, or peanuts sold by the grain, soybean, or peanut owner for any unpaid portion of the sales price for the grain, soybeans, or peanuts.
(2)
The lien granted under this section is granted and shall exist as part of and incident to the ownership of grain, soybeans, or peanuts.
(b)
An owner's lien:
(1)
Exists in and attaches immediately to all grain, soybeans, or peanuts on July 22, 2015; and
(2)
Continues uninterrupted and without lapse:
(A)
In all grain, soybeans, or peanuts upon and after the sale of the grain, soybeans, or peanuts; and
(B)
In and to all proceeds.
(c)
(1)
An owner's lien exists until the grain, soybean, or peanut owner or the sales agent entitled to receive the sales price has received the full amount of the sales price.
(2)
A security interest or mortgage lien of an owner's lender attaches to the grain, soybean, or peanut owner's right to an owner's lien in grain, soybeans, or peanuts or in proceeds from the sale of the grain, soybeans, or peanuts.
(3)
An owner's lender does not waive its security interest or mortgage lien or right in an owner's lien by approving or authorizing the grain, soybean, or peanut owner to sell the grain, soybeans, or peanuts under a sales agreement.
(d)
(1)
The validity of an owner's lien is not dependent on possession of the grain, soybeans, or peanuts by a grain, soybean, or peanut owner or sales agent.
(2)
An owner's lien is not void or expired by reason of a change or transfer of the actual or constructive possession of or title to the grain, soybeans, or peanuts from the grain, soybean, or peanut owner or sales agent to a first purchaser or subsequent purchaser.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-304 - Perfection of grain, soybean, or peanut lien

An owner's lien is perfected automatically from July 22, 2015 or the date a sales agreement is executed after July 22, 2015 without the need to file a financing statement or other type of documentation.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-305 - Commingled grain, soybeans, or peanuts - Priority

(a)
If grain, soybeans, or peanuts subject to an owner's lien are commingled with other grain, soybeans, or peanuts in a manner that the identity of the specific grain, soybeans, or peanuts subject to the owner's lien cannot be determined by reasonable means, the owner's lien continues without interruption into and attaches to the commingled grain, soybeans, or peanuts and is perfected automatically as of the date of its original perfection but only as to the percentage of the commingled grain, soybeans, or peanuts equal to the amount of grain, soybeans, or peanuts to which the owner's lien originally attached.
(b)
An owner's lien in commingled grain, soybeans, or peanuts under subsection (a) of this section has priority over any security interest or other lien that is not an owner's lien or permitted lien regardless of whether the security interest or other lien has been properly perfected.
(c)
If more than one (1) owner's lien attaches to commingled grain, soybeans, or peanuts, the owners' liens rank equally in the proportion that the respective sales prices secured by each owner's lien bear as a percentage of the total of the sales prices secured by all owners' liens applicable at the time the grain, soybeans, or peanuts were commingled.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-306 - Transfer of lien - Priority

(a)
(1)
A purchaser or sales agent takes free of an owner's lien otherwise applicable to the grain, soybeans, or peanuts purchased and is relieved of any obligations created under §
2-15-303
if the purchaser or sales agent pays the full amount of required consideration for the grain, soybeans, or peanuts under a good faith, noncollusive agreement to purchase the grain, soybeans, or peanuts.
(2)
If a purchaser or sales agent pays the full amount of consideration under subdivision (a)(1) of this section, the owner's lien transfers to the proceeds paid by the purchaser or sales agent.
(b)
An owner's lien shall continue uninterrupted in the proceeds paid to or otherwise due the first purchaser.
(c)
Except as specifically provided in this section, an owner's lien has priority over the rights of a purchaser or sales agent.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-307 - Lien priority generally

Except for a permitted lien, an owner's lien takes priority over any other lien regardless of whether the lien arises by contract, law, equity, or otherwise.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-308 - Applicability

(a)
This subchapter does not affect the time at which legal title to grain, soybeans, or peanuts may pass by agreement or operation of law subject to an owner's lien.
(b)
This subchapter does not apply to:
(1)
A farm-owned cooperative; or
(2)
An entity licensed under the:
(A)
United States Warehouse Act,
7 U.S.C. § 241
et seq.; or
(B)
Arkansas Public Grain Warehouse Law, §
2-17-201
et seq.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-309 - Waiver, relinquishment, or release of lien prohibited

(a)
(1)
A grain, soybean, or peanut owner shall not be required as a condition or term of an agreement to sell or otherwise to:
(A)
Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or
(B)
Agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter.
(2)
A waiver, relinquishment, release, or provision that violates subdivision (a)(1) of this section is void as a matter of the public policy of this state.
(b)
A grain, soybean, or peanut owner or a sales agent acting on behalf of a grain, soybean, or peanut owner may waive, relinquish, or release an owner's lien or any rights under this subchapter or agree to a provision that would apply the law of a state other than the State of Arkansas with respect to the rights granted under this subchapter if the first purchaser:
(1)
Posts a letter of credit in a form and amount satisfactory to the grain, soybean, or peanut owner or sales agent; or
(2)
Both:
(A)
Executes a contract that is satisfactory to the grain, soybean, or peanut owner or sales agent to prepay or escrow the sales price under an agreement to sell that is satisfactory to the grain, soybean, or peanut owner; and
(B)
Performs all of the first purchaser's obligations under the contract.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-310 - Lien expiration - Action on an owner's lien

(a)
An owner's lien expires one (1) year after the last day of the month following the date the sales price from the sale of grain, soybeans, or peanuts subject to the lien is required by law or contract to be paid to the grain, soybean, or peanut owner but only as to the particular grain, soybeans, or peanuts sold during the month unless an action to enforce the owner's lien is commenced in a court of competent jurisdiction during that time.
(b)
If a sales agent advances the sales price for grain, soybeans, or peanuts to the grain, soybean, or peanut owner before the first purchaser pays the sales price in full to the grain, soybean, or peanut owner or sales agent, the sales agent shall assume and may enforce all rights of the grain, soybean, or peanut owner under this subchapter as to the grain, soybeans, or peanuts or the proceeds from the sale of the grain, soybeans, or peanuts.
(c)
(1)
In addition to any other court of competent jurisdiction, an action to enforce an owner's lien may be commenced in the district court of the county in which the:
(A)
Agreement to sell is executed;
(B)
Sales price is to be paid;
(C)
The grain, soybeans, or peanuts that have not been paid for are located; or
(D)
Proceeds may be found.
(2)
The commencement of one (1) or more of the following proceedings by or against a person claiming an interest in property subject to an owner's lien tolls the one-year period in which to commence an action to enforce the owner's lien under subsection (a) of this section for an additional period of ninety (90) days from the earlier of the final conclusion or dismissal of the proceedings or the date final relief is obtained from the applicable tribunal authorizing the commencement of the action:
(A)
An action seeking to adjudicate the person as bankrupt or insolvent;
(B)
An action seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under any law relating to bankruptcy, insolvency, or reorganization or relief of debtors; or
(C)
An action seeking the entry of an order for relief or the appointment of a receiver, trustee, or other similar official for the person or for a substantial part of the person's property.
(d)
The prevailing party in an action to enforce this subchapter may recover costs and reasonable attorney's fees in any legal proceeding.
(e)
This subchapter does not impair or affect the right of a grain, soybean, or peanut owner or a sales agent to maintain a personal action to recover the debt against a person liable for payment of the sales price or to exercise any other available rights and remedies.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 3 - GRAIN, SOYBEAN, AND PEANUT OWNER'S LIEN ACT (§§ 2-15-301 — 2-15-311) › Section 2-15-311 - Preference

If this subchapter conflicts with other rights a grain, soybean, or peanut owner may have, the grain, soybean, or peanut owner's right to receive the sales price shall be given preference.
Added by Act 2015, No. 1082,§ 1, eff. 7/22/2015.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-401 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-402 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-403 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-404 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 140,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2414, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2413, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2412, eff. 7/1/2019.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-405 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-406 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 17, eff. 7/1/2019.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-407 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-408 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-409 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-410 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 378,§ 1, eff. 7/24/2019.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-411 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 4 - ARKANSAS INDUSTRIAL HEMP ACT (§§ 2-15-401 — 2-15-412) › Section 2-15-412 - [Repealed]

Repealed by Act 2021, No. 565,§ 1, eff. 7/28/2021.
Added by Act 2017, No. 981,§ 1, eff. 8/1/2017.
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 2-15-501 - Title

This subchapter shall be known and may be cited as the "Arkansas Industrial Hemp Production Act".
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 2-15-502 - Purpose

(a)
The purpose of this subchapter is to:
(1)
Recognize industrial hemp as an agricultural product;
(2)
Recognize the cultivation, processing, and transportation of industrial hemp as an agricultural activity in this state; and
(3)
Ensure that this state has primary regulatory authority over the production of industrial hemp in this state.
(b)
This subchapter shall not be construed to grant the Department of Agriculture the authority to regulate hemp processing practices or methodologies.
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 2-15-503 - Definitions

As used in this subchapter:
(1)
"Certified seed" means industrial hemp seed that has been certified as having no more tetrahydrocannabinol concentration than that adopted by federal law under the Agricultural Marketing Act,
7 U.S.C. § 1639o
, as it existed on January 1, 2021;
(2)
"Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object;
(3)
"Grower" means a person licensed to grow and produce industrial hemp by the State Plant Board under this subchapter;
(4)
"Hemp product" means a product made from industrial hemp, including without limitation:
(A)
Certified seed for cultivation if the certified seed originates from industrial hemp varieties;
(B)
Cloth;
(C)
Cordage;
(D)
Fiber;
(E)
Food;
(F)
Fuel;
(G)
Paint;
(H)
Paper;
(I)
Particleboard;
(J)
Plastics; and
(K)
Seed, seed meal, and seed oil for consumption;
(5)
"Industrial hemp" means the plant Cannabis sativa and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of no more than three-tenths of one percent (0.3%) of the hemp-derived cannabadiol on a dry weight basis, unless specifically controlled under the Uniform Controlled Substances Act, §
5-64-101
et seq.;
(6)
"Lot" means a contiguous field, greenhouse, or indoor growing structure containing the same variety or strain of Cannabis sativa throughout the area;
(7)
"Measurement of uncertainty" means the parameter associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement;
(8)
"Produce" means to grow industrial hemp for market or for cultivation for market;
(9)
"Representative sample" means a portion of the submitted sample that is prepared for laboratory analysis in such a way that it accurately and completely reflects the composition of the originally submitted sample from which it was taken;
(10)
"Tetrahydrocannabinol" means the natural or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of, Cannabis sativa, or any synthetic substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity; and
(11)
"Total available tetrahydrocannabinol" means the sum of concentrations of:
(A)
Tetrahydrocannabinol in the original sample submitted for analysis; and
(B)
Tetrahydrocannabinol derived from tetrahydrocannabinolic acid in the sample through the laboratory procedure of post-decarboxylation.
Amended by Act 2023, No. 629,§ 2, 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 2-15-504 - State plan for monitoring and regulating production of industrial hemp

(a)
The Department of Agriculture, in consultation with the Governor, shall develop a plan to monitor and regulate the industrial hemp production program in this state.
(b)
The Department of Agriculture shall submit the plan developed under subsection (a) of this section to the United States Secretary of Agriculture as this state's plan for monitoring and regulating the production of industrial hemp as provided by
7 U.S.C. 1639p
, as it existed on January 1, 2021.
(c)
The Department of Agriculture shall submit an amended state plan to the United States Department of Agriculture if the Department of Agriculture makes substantive revisions to the state plan or the laws and rules related to the state plan.
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 2-15-505 - Regulation of subchapter by State Plant Board and Department of Agriculture

(a)
The State Plant Board shall adopt rules to implement and administer this subchapter.
(b)
Rules adopted by the board shall:
(1)
Prescribe the sampling, inspection, and testing procedures to ensure that the tetrahydrocannabinol concentration of industrial hemp planted, grown, or harvested in this state is not more than the acceptable hemp tetrahydrocannabinol level as defined by federal law; and
(2)
Provide due process for growers, including an appeals process.
(c)
The Department of Agriculture shall, upon request, provide the Division of Arkansas State Police and each local law enforcement agency information regarding the industrial hemp production program under this subchapter.
(d)
The board may establish and collect fees to administer the program.
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 2-15-506 - Federal laws regarding industrial hemp

If any part of this subchapter conflicts with a provision of federal law relating to industrial hemp, the federal provision shall control to the extent of the conflict.
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 2-15-507 - Grower licenses

(a)
The State Plant Board may establish a procedure for annual licensure to allow persons to grow industrial hemp in the state.
(b)
A license issued under this section shall authorize industrial hemp propagation only on the land areas specified in the license.
(c)
(1)
A person seeking an application to grow industrial hemp, whether as part of the industrial hemp research program or otherwise, shall apply to the Department of Agriculture for the appropriate license on a form provided by the department.
(2)
The rules adopted by the board shall require the applicant to include, at a minimum, the following information on the form provided by the department under subdivision (c)(1) of this section:
(A)
The name and mailing address of the applicant;
(B)
The legal description and global positioning coordinates of the production fields to be used to grow industrial hemp; and
(C)
(i)
Written consent allowing the department, if a license is ultimately issued to the applicant, to enter onto the premises on which the industrial hemp is grown to conduct physical inspections of industrial hemp planted and grown by the applicant to ensure compliance with this subchapter and rules adopted under this subchapter.
(ii)
Tetrahydrocannabinol levels shall be tested as provided in this subchapter.
(d)
Each application shall be accompanied by a nonrefundable fee.
(e)
The board shall establish a fee for an:
(1)
Initial license; and
(2)
Annual renewal license.
(f)
Except as provided in §
2-15-505(c)
, records, data, and information filed in support of a license application are proprietary and subject to inspection only upon the order of a court of competent jurisdiction.
(g)
At the expense of the license holder, the department shall:
(1)
Monitor the industrial hemp grown by each license holder;
(2)
Provide for random testing of the industrial hemp for compliance with tetrahydrocannabinol levels; and
(3)
Provide for other oversight required by board rules.
(h)
The board may establish and collect fees to administer the provisions of this subchapter.
(i)
Fees collected by the board under this subchapter are not refundable and may be used by the department to administer 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 15 - GENERAL PROVISIONS (§§ 2-15-101 — 2-15-516) › Subchapter 5 - ARKANSAS INDUSTRIAL HEMP PRODUCTION ACT (§§ 2-15-501 — 2-15-516) › Section 2-15-508 - Licenses required - Records

(a)
A person shall obtain a grower license under this subchapter before planting or growing industrial hemp in this state.
(b)
A grower shall:
(1)
Maintain records that reflect compliance with this subchapter and all other state laws regulating the planting and cultivation of industrial hemp;
(2)
Retain all industrial hemp production records for at least three (3) years;
(3)
Allow industrial hemp crops, throughout sowing, growing, and harvesting, to be inspected by and at the discretion of the Department of Agriculture or its agents;
(4)
File with the department documentation indicating that the industrial hemp seeds planted were of a type and variety certified to have no more tetrahydrocannabinol concentration than that adopted in
7 U.S.C. § 1639o
, as it existed on January 1, 2021;
(5)
Notify the department of the sale of industrial hemp grown under the license and the names and addresses of the persons to whom the industrial hemp was sold; and
(6)
Upon request, provide the department with copies of each contract between the licensee and a person to whom industrial hemp was sold.
(c)
A grower under this subchapter may import and resell industrial hemp seed that has been certified as having no more tetrahydrocannabinol concentration than that adopted in
7 U.S.C. § 1639o
, as it existed on January 1, 2021.
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 2-15-509 - Inspections and sampling

(a)
The Department of Agriculture may enter onto land described by the grower to conduct inspections and collect and test samples.
(b)
The grower shall pay the cost of inspections under this section.
(c)
The department may inspect, collect samples from, or test plants from any portion of a lot to ensure compliance with this subchapter.
(d)
A grower shall allow the department to access the lot and the property on which the lot is located for purposes of this section.
(e)
The department may establish a sampling, testing, and remediation program published as annual policy guidelines in order to implement the industrial hemp production program.
(f)
During a scheduled sample collection, the grower or an authorized representative of the grower shall be present at the lot.
(g)
A representative of the sampling agency shall be provided with complete and unrestricted access during business hours to all industrial hemp and other cannabis plants, whether growing or harvested, and to all land, buildings, and other structures used for the cultivation, handling, and storage of all industrial hemp and other cannabis plants, and all locations listed in the grower license.
(h)
A grower shall not harvest the industrial hemp or other cannabis plants prior to samples being taken.
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 2-15-510 - Testing

(a)
(1)
Chemical analysis shall be conducted in accordance with methods validated for use by ongoing documentation or internal or interlaboratory performance using known reference standards for the analyte or analytical specimens of interest and meeting one (1) or more of the following criteria:
(A)
Endorsement or publication by reputable technical organizations;
(B)
Publication in a peer-reviewed journal with sufficient documentation to establish analytical performance and interpretation of results; or
(C)
Documentation of internal or interlaboratory comparison to an accepted methodology or protocol.
(2)
The testing methodology shall report total available tetrahydrocannabinol.
(b)
(1)
Any test with a corresponding measurement of uncertainty exceeding the maximum permissible total available tetrahydrocannabinol concentration is conclusive evidence that the lot represented by the sample is not in compliance with this subchapter.
(2)
(A)
Noncompliant hemp plants are subject to seizure or disposal, or both, by the Department of Agriculture or any law enforcement officer.
(B)
The department may also require the grower to destroy noncompliant plants in compliance with this subchapter.
(c)
Samples of industrial hemp plant material from one (1) lot shall not be commingled with industrial hemp plant material from other lots.
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 2-15-511 - Grower reporting

(a)
A grower shall report industrial hemp crop acreage with the United States Farm Service Agency and shall provide the following information:
(1)
The street address for each lot or greenhouse where industrial hemp will be produced;
(2)
To the extent practicable, the geospatial location for each lot or greenhouse where industrial hemp will be produced;
(3)
The acreage dedicated to the production of industrial hemp or greenhouse or indoor square footage dedicated to the production of industrial hemp; and
(4)
The license identifier.
(b)
If a grower operates in more than one (1) location, the information required under this section shall be provided for all production sites.
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 2-15-512 - License revocation

(a)
(1)
The State Plant Board shall revoke the license of a grower who fails to comply with this subchapter or the rules adopted under this subchapter.
(2)
A grower license revoked under subdivision (a)(1) of this section is ineligible for licensure under this subchapter for up to five (5) years after the revocation.
(b)
(1)
Before revocation of a grower's license, the board shall provide the grower notice and an informal hearing to show cause why the license should not be revoked and the grower's right to grow forfeited.
(2)
If a license is revoked and a grower's right to grow is forfeited as the result of an informal hearing under subdivision (b)(1) of this section, the grower may request a formal administrative hearing before the board or a committee of the board, as provided in board rules.
(c)
A grower whose license is revoked may appeal the final order of the board by filing an appeal in the circuit court of the district in which the grower resides.
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 2-15-513 - Ineligibility - Fingerprinting and release of information

(a)
An individual who has been convicted of a felony related to a controlled substance under federal or state law is ineligible, during the ten-year period following the date of the conviction, to participate in the industrial hemp production program under this subchapter.
(b)
An individual who materially falsifies any information contained in an application to participate in the program is ineligible to participate in the program under this subchapter.
(c)
(1)
(A)
All individuals desiring to participate in the program shall be fingerprinted, and the fingerprints shall be forwarded for a criminal background check through the Department of Public Safety.
(B)
After the completion of the criminal background check through the department under subdivision (c)(1)(A) of this section, the fingerprints shall be forwarded by the department to the Federal Bureau of Investigation for a national criminal history record check.
(2)
The applicant shall sign a release that allows the department to disclose:
(A)
An Arkansas noncriminal-justice background check to the State Plant Board as evidence in an administrative hearing conducted under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.; and
(B)
A fingerprint card of the applicant to the Federal Bureau of Investigation to allow a federal fingerprint-based background check to be performed.
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 2-15-514 - Transportation of industrial hemp

(a)
Industrial hemp found off the premises of a licensee is contraband and subject to seizure by any law enforcement officer unless the individual has in his or her possession the documents required by subsection (b) of this section.
(b)
An individual transporting or having in his or her possession industrial hemp shall also have in his or her possession either:
(1)
A grower license issued under this subchapter; or
(2)
A bill of lading or other proper documentation demonstrating that the industrial hemp was legally imported or is otherwise legally present in this state under applicable state and federal laws relating to industrial hemp.
Added by Act 2021, No. 565,§ 2, eff. 7/28/2021.