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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-102 - [Suspended See Note] Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Agricultural land" means any Arkansas land which is outside the corporate limits of a municipality and is used or capable, without substantial modification to the character of the land, of use for agricultural, forestry, or timber production, but does not include oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land;
(2)
"Foreign government" means any government other than the federal government or any government of a state or a political subdivision of a state;
(3)
"Foreign party" means:
(A)
Any individual who is not a citizen of the United States and who is not a resident of some state, territory, or possession of the United States;
(B)
Any foreign government;
(C)
Any party, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business located outside the United States;
(D)
Any party other than an individual or a government:
(i)
Which is created or organized under the laws of any state; and
(ii)
In which a significant interest is directly or indirectly held or in which not insubstantial control is directly or indirectly held or is capable of being exercised by:
(a)
Any individual referred to in subdivision (3)(A) of this section;
(b)
Any foreign government;
(c)
Any party referred to in subdivision (3)(C) of this section;
(d)
Any combination of such individuals, parties, or government; and
(E)
Any agent, trustee, or other fiduciary of a person or entity enumerated in this subdivision (3); and
(4)
"Party" means any individual, corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, or any other legal entity.
Acts 1979, No. 1096, § 2; A.S.A. 1947, § 77-2202.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-103 - [Suspended See Note] Registration of foreign interest in agricultural land

(a)
(1)
(A)
When after April 19, 1979, any foreign party acquires any interest in agricultural land in Arkansas by grant, purchase, adverse possession, devise, descent, or in any other manner or any agent, trustee, or fiduciary acquires title to agricultural land in Arkansas on behalf of a foreign party, the foreign party or agent, trustee, or fiduciary shall register the ownership in the office of the circuit clerk in the county in which the land is located within sixty (60) days after the acquisition.
(B)
The registration shall include a description of the agricultural lands acquired and the name and business address of the foreign party which acquired the lands or in whose behalf the lands were acquired.
(2)
When the acquisition of lands by a foreign party is registered with the circuit clerk as required in this section, the clerk shall record the acquisition in an appropriate foreign land ownership record book to be maintained by him or her. The clerk shall forthwith remit a copy of the registration to the Secretary of State, who shall likewise maintain a record of all registrations made under the provisions of this chapter.
(b)
Any foreign party who obtains a lease of agricultural land for a term of ten (10) years or longer or a lease renewable by option for terms which, if the options were all exercised, would total ten (10) years shall be deemed to have acquired agricultural land within the meaning of this chapter.
(c)
Any party who acquires or holds any interest in agricultural land in violation of this chapter shall continue to violate this chapter for as long as he or she holds an interest in the land.
(d)
Nothing in this chapter shall prevent a foreign party holding a lien or other interest in agricultural land before April 19, 1979, from taking a valid title to the land by the enforcement of the lien or other existing interest, but any such interest shall be registered as required in this chapter.
Acts 1979, No. 1096, § 3; A.S.A. 1947, § 77-2203.
Sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect pursuant to section 2-3-111 which became effective 7/28/2021.
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-104 - [Suspended See Note] Right to security interests

Any foreign party shall have the right to make loans of money and to take and accept mortgages or other security interests upon agricultural land in Arkansas to secure the payment of loans. The foreign party may acquire fee ownership of the land upon a foreclosure or other legal enforcement of the security interest, provided the foreign party acquiring ownership registers the ownership as required in this chapter.
Acts 1979, No. 1096, § 4; A.S.A. 1947, § 77-2204.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-105 - [Suspended See Note] Land acquired by lien

(a)
Any foreign party who acquires agricultural land by enforcement of a lien resulting from a transaction occurring after April 19, 1979, shall, within sixty (60) days of the acquisition, register the ownership as required in this chapter.
(b)
In the event of failure to register as required in this chapter, proceedings under §
2-3-106
or §
2-3-107
shall be commenced.
Acts 1979, No. 1096, § 11; A.S.A. 1947, § 77-2211.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-106 - [Suspended See Note] Proceedings upon failure to register

(a)
Any recorder of deeds, tax assessor, or other public official who shall learn that a foreign party has acquired agricultural land in Arkansas after April 19, 1979, and has not registered as required in this chapter or otherwise holds agricultural land in violation of this chapter shall report the violation to the Attorney General.
(b)
(1)
Upon receiving notice under subsection (a) of this section, or otherwise in his or her discretion, the Attorney General shall institute an action in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired or held in violation of §
2-3-103
is located.
(2)
The Attorney General shall file a notice of the pendency of the action with the recorder of deeds of each county in which any portion of the agricultural land is located.
(c)
(1)
If the court finds that the agricultural land has been acquired or is held in violation of this chapter, the court shall enter a declaratory judgment of the violation and order that the agricultural land be divested to a party other than another foreign party within two (2) years of the date of the order.
(2)
(A)
The court may also assess against the foreign party a civil penalty for a knowing violation of this chapter of up to twenty-five percent (25%) of the then fair market value of the agricultural land.
(B)
The penalty assessed shall become a lien against the agricultural land.
(d)
(1)
Upon the entry of a declaratory judgment of a violation and an order of divestiture, the Attorney General shall cause a copy of the order to be filed with the recorder of deeds of each county in which any portion of the agricultural land is located.
(2)
(A)
The order of divestiture shall be a covenant running with the agricultural land against any foreign party, grantee, or assignee.
(B)
Any foreign party who shall acquire any portion of the agricultural land within the two-year divestiture period specified in the order shall be required to divest within the two-year period.
(e)
Any agricultural land which is not divested within the time prescribed by an order under subsection (c) of this section shall be ordered sold at public sale in the manner prescribed by law for the foreclosure of a mortgage on real estate for default in payment.
Acts 1979, No. 1096, § 5; A.S.A. 1947, § 77-2205; Acts 2005, No. 1962, § 2.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-107 - [Suspended See Note] Private right of enforcement

If the Attorney General refuses to bring an action provided for or authorized by this chapter, any person claiming a violation therefor, upon notice to the Attorney General, may apply to the court for leave to bring the action in his or her own name and may bring the action if leave therefor is granted.
Acts 1979, No. 1096, § 6; A.S.A. 1947, § 77-2206.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-108 - [Suspended See Note] Exceptions generally

(a)
This chapter shall not apply to agricultural land owned by a foreign party on April 19, 1979, while the land is held by the foreign party, nor shall this chapter apply to any alien while a bona fide resident of the United States or one of its territories or possessions.
(b)
Should any alien owning agricultural land in Arkansas cease to be a bona fide resident of the United States or one of its territories or possessions, the alien shall register as required in this chapter within two (2) years after ceasing to be a bona fide resident.
(c)
Agricultural land held by a nonresident alien over two (2) years after ceasing to be a resident alien shall be subject to the proceedings set forth in §§
2-3-106
and
2-3-107
.
Acts 1979, No. 1096, § 7; A.S.A. 1947, § 77-2207.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-109 - [Suspended See Note] Rights in nonfarm lands

Except as provided in this chapter, all aliens, whether or not residents of the United States, shall be capable of acquiring by grant, purchase, adverse possession, devise, or descent any interest in any real estate except agricultural land, as defined in §
2-3-102
, and of owning, holding, devising, or alienating it and shall incur the like duties and liabilities in relation thereto as if they were citizens of the United States and residents of Arkansas.
Acts 1979, No. 1096, § 9; A.S.A. 1947, § 77-2209.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-110 - [Suspended See Note] Agricultural land used for nonfarming purposes and mineral leases

(a)
The restrictions set forth in this chapter do not apply to agricultural land acquired by a foreign party for immediate or potential use for nonfarming purposes.
(b)
A foreign party who acquires agricultural land for nonfarming purposes shall not be required to make a filing or report under this chapter.
(c)
(1)
A foreign party who acquires agricultural land under subsection (a) of this section and later uses the agricultural land for farming purposes shall register as required in this chapter within sixty (60) days of the change in use.
(2)
Failure to register ownership for the use of agricultural land for farming purposes under subdivision (c)(1) of this section shall be subject to actions as provided in §§
2-3-106
and
2-3-107
.
(d)
The restrictions set forth in this chapter do not apply and no reporting requirement attaches to leases or other conveyances granting the right to explore for and produce the oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land, and oil, gas, coal, lignite, brine, and other mineral or royalty interests regardless of type or duration, easements, or tracts of land reasonably necessary for the extraction of oil, gas, and all other minerals, including coal, lignite, brine, and all minerals known and recognized as commercial minerals underlying the land.
Acts 1979, No. 1096, § 10; A.S.A. 1947, § 77-2210; Acts 2009, No. 643, §§ 1, 2.
Pursuant to section 2-3-111, which became effective 7/28/2021, sections 2-3-101 through 2-3-110 are suspended while the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., is in effect .
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 3 - ARKANSAS AGRICULTURAL FOREIGN INVESTMENT (§§ 2-3-101 — 2-3-111) › Section 2-3-111 - Reporting requirement

(a)
Beginning October 1, 2021, a foreign person required to make a report to the United States Department of Agriculture under the Agricultural Foreign Investment Disclosure Act,
7 U.S.C. § 3501
et seq., shall also file a copy of the required report with the Secretary of the Department of Agriculture within the time period required under the federal law.
(b)
The Attorney General:
(1)
Shall impose a civil penalty not to exceed twenty-five percent (25%) of the fair market value, on the date of the assessment of the penalty, of the interest in the agricultural land for failure to file a copy of the report with the Secretary of the Department of Agriculture as required under subsection (a) of this section; and
(2)
May bring an action to collect the civil penalty in the Pulaski County Circuit Court or in the circuit court of any county in which any portion of the agricultural land acquired is located.
(c)
Sections
2-3-101
-
2-3-110
are suspended while the Agricultural Foreign Investment Disclosure Act,
7 U.S.C. § 3501
et seq., is in effect.
(d)
This section shall expire upon the repeal of the Agricultural Foreign Investment Disclosure Act,
7 U.S.C. § 3501
et seq.
Added by Act 2021, No. 1046,§ 1, eff. 7/28/2021.
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 4 - AGRICULTURAL OPERATIONS AS NUISANCES (§§ 2-4-101 — 2-4-108) › Section 2-4-101 - Purpose

It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations. Many are discouraged from making investments in farm or other agricultural improvements. It is the purpose of this chapter to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.
Acts 1981, No. 301, § 1; A.S.A. 1947, § 34-120; Acts 2005, No. 2257, § 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 4 - AGRICULTURAL OPERATIONS AS NUISANCES (§§ 2-4-101 — 2-4-108) › Section 2-4-102 - Definitions

As used in this chapter:
(1)
"Agricultural operation" or "farming operation" means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:
(A)
The care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses;
(B)
The planting, cultivating, harvesting, and processing of crops and timber; and
(C)
The production of any plant or animal species in a controlled freshwater or saltwater environment; and
(2)
"Agriculture" includes agriculture, silviculture, and aquaculture.
Acts 1981, No. 301, § 2; A.S.A. 1947, § 34-121; Acts 2005, No. 2257, § 2.
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 4 - AGRICULTURAL OPERATIONS AS NUISANCES (§§ 2-4-101 — 2-4-108) › Section 2-4-103 - Applicability to contracts

This chapter shall not be construed to invalidate any contracts heretofore made, but insofar as contracts are concerned shall be applicable only with respect to contracts and agreements made subsequent to March 3, 1981.
Acts 1981, No. 301, § 6; A.S.A. 1947, § 34-125.
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 4 - AGRICULTURAL OPERATIONS AS NUISANCES (§§ 2-4-101 — 2-4-108) › Section 2-4-105 - Local ordinances void

Any and all ordinances adopted by any municipality or county in which an agricultural operation is located making or having the effect of making the agricultural operation or any agricultural facility or its appurtenances a nuisance or providing for an abatement of the agricultural operation or the agricultural facility or its appurtenances as a nuisance in the circumstances set forth in this chapter are void and shall have no force or effect.
Acts 1981, No. 301, § 5; A.S.A. 1947, § 34-124; Acts 2005, No. 2257, § 4.
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 4 - AGRICULTURAL OPERATIONS AS NUISANCES (§§ 2-4-101 — 2-4-108) › Section 2-4-106 - Actions for injuries or damages not affected

The provisions of this chapter shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of or change in the condition of the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.
Acts 1981, No. 301, § 4; A.S.A. 1947, § 34-123.
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 4 - AGRICULTURAL OPERATIONS AS NUISANCES (§§ 2-4-101 — 2-4-108) › Section 2-4-107 - Operation not to become nuisance

(a)
An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began.
(b)
(1)
Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production.
(2)
An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions:
(A)
Change in ownership or size;
(B)
Nonpermanent cessation or interruption of farming;
(C)
Participation in any government-sponsored agricultural program;
(D)
Employment of new technology; or
(E)
Change in the type of agricultural product produced.
(c)
(1)
Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation:
(A)
Was established before the commencement of the use of the area surrounding the agricultural operation for nonagricultural activities; and
(B)
Employs methods or practices that are commonly or reasonably associated with agricultural production.
(2)
Employment of methods or practices that are commonly or reasonably associated with agricultural production or are in compliance with any state or federally issued permit shall create a rebuttable presumption that an agricultural operation is not a nuisance.
(d)
The court may award expert fees, reasonable court costs, and reasonable attorney's fees to the prevailing party in any action brought to assert that an agricultural operation is a public or private nuisance.
(e)
The burden of proof in actions brought under this chapter is on the party who brings an action against an agricultural operation.
Amended by Act 2023, No. 367,§ 1, eff. 8/1/2023.
Acts 1981, No. 301, § 3; A.S.A. 1947, § 34-122; Acts 2005, No. 2257, § 5.
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 4 - AGRICULTURAL OPERATIONS AS NUISANCES (§§ 2-4-101 — 2-4-108) › Section 2-4-108 - Liberal construction

This chapter is remedial in nature and shall be liberally construed to effectuate its purposes.
Acts 2005, No. 2257, § 2[6].
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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-5-101 — 2-5-103) › Section 2-5-101 - Legislative intent

In recognition of the fact that domestic fish farming has become an important part of the agricultural economy of this state, the General Assembly determines and declares that whenever any of the statutes, laws, or rules promulgated pursuant thereto shall use any of the following terms, the terms so used and when used shall be deemed and construed to include within the common or statutory definition the following:
(1)
"Agriculture" or "agricultural pursuit" or any similar term means the cultivation, growing, harvesting, or marketing of domesticated fish;
(2)
"Cultivated crop" means domesticated fish which are grown, managed, or harvested on an annual, semiannual, biennial, or short-interval basis; and
(3)
"Livestock" means domesticated fish which are grown, managed, harvested, or marketed as a cultivated crop.
Acts 1961, No. 166, § 1; A.S.A. 1947, § 78-1801.
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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-5-101 — 2-5-103) › Section 2-5-102 - Definition

As used in this subchapter, unless the context otherwise requires, "domesticated fish" means any fish that are spawned and grown, managed, harvested, and marketed on an annual, semiannual, biennial, or short-term basis in privately owned waters as privately owned waters are defined in §
15-43-301
.
Acts 1961, No. 166, § 2; A.S.A. 1947, § 78-1802.
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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-5-101 — 2-5-103) › Section 2-5-103 - Game and Fish Commission not affected

Nothing in this subchapter shall be interpreted or construed to affect, change, or alter any of the powers or controls over fish and wildlife in this state vested in the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35.
Acts 1961, No. 166, § 3; A.S.A. 1947, § 78-1803.
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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-201 - Title

This subchapter shall be known and may be cited as the "Commercial Bait and Ornamental Fish Act".
Acts 2005, No. 1449, § 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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-202 - Purpose

The purpose of this subchapter is to:
(1)
Establish a voluntary certification program to provide high quality farm-raised bait and ornamental fish free of certain diseases, undesirable plants, undesirable animals, and other contaminants deemed injurious to the fish or fisheries;
(2)
Conduct programs to promote the use and sale of certified bait and ornamental fish raised in Arkansas; and
(3)
Provide state oversight of and funding from the beneficiaries of the program.
Acts 2005, No. 1449, § 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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-203 - Definition

As used in this subchapter, "person" means an individual, partnership, limited liability company, corporation, association, or two (2) or more individuals having a joint or common interest.
Amended by Act 2023, No. 588,§ 2, eff. 8/1/2023.
Acts 2005, No. 1449, § 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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-204 - Powers and duties of Department of Agriculture

(a)
The Department of Agriculture shall:
(1)
Administer this subchapter and the Livestock and Poultry Special Revenue Fund;
(2)
Certify the commercial bait and ornamental fish that meet the standards and qualifications of the department under this subchapter;
(3)
Investigate methods of production and the occurrence of certain diseases, undesirable plants, undesirable animals, and other contaminants of commercial bait and ornamental fish and fisheries;
(4)
Conduct marketing programs to promote the use and sale of certified bait and ornamental fish raised in Arkansas;
(5)
Promulgate all rules the department considers necessary or desirable to implement this subchapter; and
(6)
Establish in its rules the management practices, testing procedures, and appropriate science criteria required for certification under this subchapter.
(b)
If necessary to prevent the spread of disease, the State Veterinarian in consultation with the Secretary of the Department of Agriculture may issue orders under this subchapter for the:
(1)
Isolation or quarantine of infected fish;
(2)
Disinfection of premises;
(3)
Destruction of incurably-diseased fish; and
(4)
Disposal of fish.
Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.
Acts 2005, No. 1449, § 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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-205 - Certificates

(a)
A person that has met the standards and qualifications established by the Department of Agriculture under this subchapter shall receive from the department a commercial bait and ornamental fish certificate.
(b)
The certificate shall be in the form prescribed by the department and shall attest that the commercial bait and ornamental fish covered by the certificate have met the standards and qualifications established by the department under this subchapter.
(c)
The certificate shall be displayed only by a person who is certified under this subchapter.
Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.
Acts 2005, No. 1449, § 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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-206 - Fees

(a)
The Department of Agriculture may prescribe application, certification, and other fees to cover the costs of inspection, certification, and marketing under this subchapter.
(b)
All fees collected under this subchapter shall be deposited into the Livestock and Poultry Special Revenue Fund to be used by the department to administer this subchapter.
Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.
Acts 2005, No. 1449, § 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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-207 - Unlawful acts - Penalties - Revocation of certificate

(a)
It is unlawful for any person to:
(1)
Use the term "Arkansas certified" or any similar term concerning the quality of bait or ornamental fish without the proper certification from the Department of Agriculture;
(2)
Falsely advertise or represent any bait or ornamental fish as being certified by the department;
(3)
Use any emblem, label, or language for the purpose of misleading a person into believing that any bait or ornamental fish has been certified by the department when the certification has not been obtained;
(4)
Misuse any tag, label, or certificate issued by the department;
(5)
Obtain or attempt to obtain the certification of any bait or ornamental fish by making a false statement or misrepresentation to the department or to the department's inspectors, deputies, or agents;
(6)
Violate any rule of the department under this subchapter; or
(7)
Violate any agreement made as a condition for receiving a certificate.
(b)
A person who violates this subchapter or the rules promulgated under this subchapter is subject to suspension or revocation of certification or a civil penalty as provided by rule, or both.
(c)
(1)
A certificate issued under this subchapter may be revoked by the Secretary of the Department of Agriculture after a hearing before the secretary or his or her designee.
(2)
The decision of the department may be appealed as provided in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 3, eff. 7/24/2019.
Acts 2005, No. 1449, § 1; 2007, No. 827, § 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 5 - DOMESTIC FISH FARMING (§§ 2-5-101 — 2-5-208) › Subchapter 2 - COMMERCIAL BAIT AND ORNAMENTAL FISH ACT (§§ 2-5-201 — 2-5-208) › Section 2-5-208 - Intergovernmental cooperation

In administering this subchapter, the Department of Agriculture shall cooperate to the fullest extent possible with other agencies of the state and the United States Government.
Amended by Act 2023, No. 588,§ 3, eff. 8/1/2023.
Acts 2005, No. 1449, § 1; 2007, No. 827, § 2.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-101 - Title

This chapter shall be known and may be cited as the "Arkansas Catfish Processor Fair Practices Act of 1987".
Acts 1987, No. 365, § 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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-102 - Purpose

The General Assembly finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that these arrangements are contrary to the public interest. This chapter is intended to remedy this burden on and obstruction to intrastate commerce in catfish and to protect the public interest.
Acts 1987, No. 365, § 3.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-103 - Definitions

As used in this chapter:
(1)
[Repealed.]
(2)
"Capable of use as human food" means and applies to any catfish or part or product of any catfish unless it is denatured or otherwise identified as required by rules prescribed by the Department of Agriculture to deter its use as human food, or unless it is naturally inedible by humans;
(3)
"Cash sale" means a sale in which the seller does not expressly extend credit to the buyer;
(4)
"Catfish" means any species of the scientific order Ostariophysida, family Ictaluridae;
(5)
"Class A registrant" means any catfish processor who purchases at least fifty thousand dollars ($50,000) worth of catfish annually from catfish producers;
(6)
"Direct retail sale" means the sale of catfish products directly to the consumer;
(7)
[Repealed.]
(8)
"Owner" means a person or a producer that owns an equity interest, directly or indirectly, in a catfish processor;
(9)
"Person" includes any individual, partnership, corporation, and association, or other legal entity;
(10)
"Processor" means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish products;
(11)
"Producer" means any person engaged in the business of producing catfish by any method;
(12)
"Product" means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof; and
(13)
"Secured party" means a lender who has a perfected security interest under the Uniform Commercial Code, §
4-1-101
et seq., in the catfish being sold.
Amended by Act 2023, No. 588,§ 5, eff. 8/1/2023.
Amended by Act 2023, No. 588,§ 4, eff. 8/1/2023.
Acts 1987, No. 365, § 4; 1989 (3rd Ex. Sess.), No. 53, § 1; 2003, No. 128, § 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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-104 - Administration

(a)
This chapter shall be administered by the Department of Agriculture.
(b)
The department is authorized to promulgate such rules as may be necessary for the efficient enforcement of this chapter, including the establishment of reasonable fees for registering with the department.
(c)
If necessary to prevent the spread of disease, the State Veterinarian in consultation with the Secretary of the Department of Agriculture may issue orders under this subchapter for the:
(1)
Isolation or quarantine of infected fish;
(2)
Disinfection of premises;
(3)
Destruction of incurably-diseased fish; and
(4)
Disposal of fish.
Amended by Act 2023, No. 588,§ 6, eff. 8/1/2023.
Acts 1987, No. 365, §§ 2, 8; 1989 (3rd Ex. Sess.), No. 53, § 2.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-105 - Registration and suspension - Exception

(a)
(1)
Except as provided in subsection (e) of this section, every catfish processor in the state shall register with the Department of Agriculture.
(2)
Applications for registration as a catfish processor under this chapter shall be made on forms prescribed by the department.
(3)
Every application is to be accompanied by an application fee of one hundred fifty dollars ($150), a certified financial statement in a form prescribed by the department, and any further information the department may by rule require.
(b)
The department shall promulgate such rules as necessary to secure the performance of catfish purchasing obligations.
(c)
Whenever, after due notice and hearing, the department finds any registrant is insolvent or has violated any provisions of this chapter, it may issue an order suspending the registrant for a reasonable specified period. The order of suspension shall take effect within five (5) days unless suspended, modified, or set aside by the department or a court of competent jurisdiction.
(d)
If the department finds any processor is insolvent, is issuing invalid or insufficient checks, or is causing a breach of contract with the producer by failure to pay the producer in accordance with the contract, the department shall issue an order requiring the processor to cease and desist from purchasing catfish except under such conditions as the department may prescribe to effectuate the purposes of this chapter.
(e)
Those processors whose average annual purchases from catfish producers do not exceed one hundred thousand dollars ($100,000) shall be exempt from the provisions of this section.
Amended by Act 2023, No. 588,§ 7, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 4, eff. 7/24/2019.
Acts 1987, No. 365, § 6; 1989 (3rd Ex. Sess.), No. 53, § 3; 1995, No. 190, § 1; 1995, No. 191, § 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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-106 - Unlawful practices - Penalties

(a)
(1)
With respect to catfish or catfish products, it shall be unlawful for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice.
(2)
If any person subject to this chapter violates any of the provisions of this chapter or of any order of the Department of Agriculture under this chapter relating to the purchase, sale, or handling of catfish, he or she shall be liable to the person injured for the full amount of damages sustained in consequence of the violation.
(b)
This liability may be enforced either by complaint to the department or by suit in any circuit court of competent jurisdiction. This section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this section are in addition to those remedies.
(c)
The department is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
(d)
The department may assess civil penalties against any Class A registrant as follows:
(1)
Not more than fifty dollars ($50.00) for each day payment to the producer is late under §
2-6-107(a)(2)
;
(2)
Not more than one hundred dollars ($100) for each day payment to the producer is late under the contract between the registrant and the producer; and
(3)
In instances where the registrant has paid a producer with an invalid or insufficient check, not more than two hundred dollars ($200) for each day the check is invalid or insufficiently funded.
(e)
Civil penalties collected under this chapter shall be deposited into the Livestock and Poultry Special Revenue Fund.
Amended by Act 2023, No. 588,§ 8, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 5, eff. 7/24/2019.
Acts 1987, No. 365, §§ 7, 9, 10; 1989 (3rd Ex. Sess.), No. 53, § 4.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-109 - Receivership - Petition - Assets

(a)
The Secretary of the Department of Agriculture or his or her designee in his or her discretion may, following a suspension of a Class A registrant as provided in this chapter, file a verified petition in the proper court requesting that the secretary be appointed as a receiver to take custody of catfish in the registrant's facility and to provide for the disposition of those assets in the manner provided in this chapter and under the supervision of the court.
(b)
The petition shall be filed in the county in which the registrant is located. The proper court shall appoint the secretary as receiver.
(c)
Upon the filing of the petition, the court shall issue ex parte such temporary orders as may be necessary to preserve or protect the assets in receivership, or the value thereof, and the rights of producers, until a plan of disposition is approved.
Amended by Act 2023, No. 588,§ 12, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-110 - Receivership - Plan for disposition of catfish

A petition filed by the Secretary of the Department of Agriculture under §
2-6-109
shall be accompanied by the secretary's plan for disposition of the processed catfish. The plan may provide for the pro rata delivery of part or all of the processed catfish to producers holding weigh tickets, or may provide for the sale under the supervision of the secretary of part or all of the processed catfish for the benefit of those producers, or may provide for any combination thereof, as the secretary in his or her discretion determines to be necessary to minimize losses.
Amended by Act 2023, No. 588,§ 13, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-111 - Receivership - Hearings on plan - Notice - Service

(a)
When a petition is filed by the Secretary of the Department of Agriculture or his or her designee under §
2-6-109
the clerk of court shall set a date for hearing on the secretary's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) calendar days after the date the petition is filed.
(b)
Copies of the petition, the notice of hearing, and the secretary's plan of disposition shall be served upon the Class A registrant and upon the surety company issuing the Class A registrant's bond in the manner required for service of an original notice.
(c)
A delay in effecting service upon the Class A registrant or surety shall not be cause for denying the appointment of a receiver and shall not be grounds for invalidating any action or proceeding in connection therewith.
Amended by Act 2023, No. 588,§ 14, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-112 - Receivership - Notification to weigh ticket holders

(a)
The Secretary of the Department of Agriculture shall cause a copy of each of the documents served upon the Class A registrant under §
2-6-111
to be mailed by ordinary mail to every person holding a weigh ticket issued by the Class A registrant, as determined by the records of the Class A registrant or the records of the secretary.
(b)
The failure of any person referred to in this section to receive the required notification shall not invalidate the proceedings on the petition for the appointment of a receiver or any portion thereof.
(c)
Persons referred to in this section are not parties to the action unless admitted by the court upon application therefor.
Amended by Act 2023, No. 588,§ 15, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-113 - Receivership - Publication of notification of receiver's appointment

When appointed as a receiver under this chapter the Secretary of the Department of Agriculture shall cause notification of the appointment to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in each of the counties in which the Class A registrant maintains a business location, and in a newspaper of general circulation in this state.
Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-114 - Receivership - Designee - Duties of secretary

The Secretary of the Department of Agriculture may designate an employee to appear on behalf of the secretary in any proceedings before the court with respect to the receivership, and to exercise the functions of the secretary as receiver, except that the secretary shall determine whether or not to petition for the appointment as receiver, shall approve the proposed plan for disposition of processed catfish, shall approve the proposed plan for distribution of any cash proceeds, and shall approve the proposed final report.
Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-115 - Receivership - Applicability of administrative procedures

The actions of the Secretary of the Department of Agriculture in connection with petitioning for appointment as a receiver, and all actions under such appointment, shall not be subject to the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-116 - Receivership - Sureties

When the Secretary of the Department of Agriculture or his or her designee is appointed as receiver under this chapter, the surety on the bond of the Class A registrant shall be joined as a party defendant by the secretary. If required by the court, the surety shall pay the bond proceeds, or so much thereof as the court finds necessary, into the court, and when so paid the surety shall be absolutely discharged from any further liability under the bond to the extent of the payment.
Amended by Act 2023, No. 588,§ 16, eff. 8/1/2023.
Acts 1989 (3rd Ex. Sess.), No. 53, § 7.