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 6 - CATFISH PROCESSOR FAIR PRACTICES ACT (§§ 2-6-101 — 2-6-123) › Section 2-6-117 - Receivership - Notice of claims filing deadline

(a)
When appointed as receiver under this chapter, the Secretary of the Department of Agriculture or his or her designee is authorized to give notice in the manner specified by the court to persons holding weigh tickets issued by the Class A registrant to file their claims within sixty (60) calendar days after the date of appointment.
(b)
Failure to timely file a claim shall defeat the claim with respect to the surety bond and any catfish, or proceeds from the sale of catfish, except to the extent of any excess remaining after all timely claims are paid in full.
Amended by Act 2023, No. 588,§ 17, 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 2-6-118 - Receivership - Sale of processed catfish - Merchandiser

(a)
When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities.
(b)
A person employed as a merchandiser must meet the following requirements:
(1)
The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended;
(2)
The person shall be experienced or knowledgeable in the marketing of aquacultural products; and
(3)
The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business.
(c)
The merchandiser shall be entitled to reasonable compensation as determined by the secretary.
(d)
A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary.
(e)
The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, §
4-1-101
et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances.
Amended by Act 2023, No. 588,§ 18, 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 2-6-119 - Receivership - Distribution to producers

The plan of disposition, as approved by the court, shall provide for the distribution of the processed catfish, or the proceeds from the sale of processed catfish or the proceeds from any surety bond, or any combination thereof, less expenses incurred by the Secretary of the Department of Agriculture in connection with the receivership, to producers on a pro rata basis as their interests are determined. Distribution shall be without regard to any setoff, counterclaim, or charge.
Amended by Act 2023, No. 588,§ 18, 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 2-6-120 - Receivership - Continued operation of business

The Secretary of the Department of Agriculture or his or her designee may, with the approval of the court, continue the operation of all or any part of the business of the Class A registrant on a temporary basis and take any other course of action or procedure which will serve the interests of the producers.
Amended by Act 2023, No. 588,§ 18, 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 2-6-121 - Receivership - Reimbursement

The Secretary of the Department of Agriculture shall be entitled to reimbursement out of processed catfish or proceeds held in receivership for all expenses incurred as court costs or in handling and disposing of processed catfish, and for all other costs directly attributable to the receivership. The right of reimbursement of the secretary shall be prior to any claims against the processed catfish or proceeds of sale thereof and shall constitute a claim against the surety bond of the Class A registrant.
Amended by Act 2023, No. 588,§ 18, 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 2-6-122 - Receivership - Proceeds - Termination

In the event the approved plan of disposition requires the sale of processed catfish, or the distribution of proceeds from the surety bond, or both, the Secretary of the Department of Agriculture or his or her designee shall submit to the court a proposed plan of distribution of those proceeds. Upon such notice and hearing as may be required by the court, the court shall accept or modify the proposed plan. When the plan is approved by the court and executed by the secretary or his or her designee, the secretary or his or her designee shall be discharged and the receivership terminated.
Amended by Act 2023, No. 588,§ 18, 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 2-6-123 - Receivership - Final report

At the termination of the receivership, the Secretary of the Department of Agriculture shall file a final report containing the details of his or her actions, together with such additional information as the court may require.
Amended by Act 2023, No. 588,§ 18, 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 1 - GENERAL PROVISIONS (§§ 2-7-101 — 2-7-103) › Section 2-7-101 - Title

This chapter shall be known and may be cited as the "Arkansas Farm Mediation Act".
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 2 - FARM MEDIATION OFFICE (§§ 2-7-201 — 2-7-203) › Section 2-7-201 - Creation

(a)
There is hereby created within the Department of Agriculture the Arkansas Farm Mediation Office which shall administer the Arkansas Farm Mediation Program to provide mediation and debt management services to farmers and their creditors in the State of Arkansas.
(b)
(1)
The program shall be administered by the Secretary of the Department of Agriculture who shall employ mediators and administrative staff in such numbers as are necessary and as the General Assembly may appropriate to carry out the provisions of this chapter.
(2)
The Secretary of the Department of Agriculture may apply to the United States Secretary of Agriculture or any other agency or department for any financial assistance for the administration and operation of the program.
(3)
The Secretary of the Department of Agriculture or his or her designee shall select mediators who are knowledgeable in the areas of finance, agriculture, and negotiation and shall train them in any other matters as are necessary to carry out their functions under this chapter.
(4)
The Secretary of the Department of Agriculture may promulgate rules to carry out the provisions of this chapter.
Amended by Act 2019, No. 910,§ 10, eff. 7/1/2019.
Amended by Act 2015, No. 1060,§ 1, eff. 4/4/2015.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 2 - FARM MEDIATION OFFICE (§§ 2-7-201 — 2-7-203) › Section 2-7-202 - Disclosure of information

(a)
All materials, data, and information received by the Arkansas Farm Mediation Office are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, §
25-19-101
et seq.
(b)
No mediator or administrative employee of the office shall knowingly disclose any materials, data, or information concerning a mediation request or suspension order without the consent of the farmer and the creditors involved.
(c)
Mediation meetings between a farmer and any other parties conducted by a mediator are not open to public participation and are not subject to the provisions for open meetings under the Freedom of Information Act of 1967, §
25-19-101
et seq.
Acts 1989, No. 829, § 10.
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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 2 - FARM MEDIATION OFFICE (§§ 2-7-201 — 2-7-203) › Section 2-7-203 - Forms

The Arkansas Farm Mediation Office shall prepare all forms necessary for the administration of this chapter and shall ensure that forms are disseminated and that the availability of mediation under this chapter is publicized so that creditors and borrowers of agricultural loans receive adequate notification of the Arkansas Farm Mediation Program.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-301 - Voluntary mediation

(a)
(1)
A farmer and any creditor of the farmer may voluntarily participate in mediation under the Arkansas Farm Mediation Program if they wish to resolve a dispute between them that involves the creditor's interest in a mortgage, lien, security interest, or judgment affecting the agricultural property of the farmer.
(2)
Voluntary mediation shall occur before an action has been initiated in court in which the farmer and creditor are parties.
(b)
The Arkansas Farm Mediation Office shall adopt voluntary mediation application and request forms.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-302 - Release before proceedings required - Exceptions

(a)
In connection with a secured indebtedness of twenty thousand dollars ($20,000) or more, no proceeding against a farmer shall be commenced to foreclose a mortgage on agricultural property, to terminate a contract for deed to purchase agricultural property, to repossess or foreclose a security interest in agricultural property, to set off or seize an account, moneys, or other asset which is agricultural property, or to enforce any judgment against agricultural property unless the creditor has first obtained a release as provided in this chapter.
(b)
An action for attachment or replevin may be commenced without first obtaining a release in those cases provided for under §
16-110-101(1)(A)(vi)
-(viii) or §
18-60-807
.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-303 - Notice - Form and content

(a)
Before commencing any proceeding prohibited by this section, §
2-7-302
, and §§
2-7-304
-
2-7-306
without first obtaining a release, a creditor shall serve a notice on the farmer that the farmer may request mandatory mediation of the farm indebtedness.
(1)
The notice shall be in a form and contain the information as required by rule.
(2)
The Director of the Arkansas Farm Mediation Program shall make forms available in each county recorder's office.
(b)
The notice shall contain, at a minimum, the following information:
(1)
The name and address of the farmer;
(2)
The name, address, and telephone number of the creditor;
(3)
A description of the debt and the amount currently owed;
(4)
A description of the agricultural property securing the debt;
(5)
A description of the proceeding the creditor intends to commence or continue or the action the creditor intends to take;
(6)
A statement that the farmer has the right to request mandatory mediation which could result in restructuring the debt;
(7)
The address and telephone number of the director;
(8)
A statement that a request for mandatory mediation must be served on the director within fourteen (14) days after service of the notice on the farmer; and
(9)
The location of the office of the recorder of the county in which the farmer resides where an application form for requesting mandatory mediation may be obtained.
(c)
A creditor shall also serve a copy of such mediation notice on the director within five (5) days after the mediation notice has been served on the farmer by the creditor.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-304 - Requests for mediation

All requests for mediation by a farmer under §
2-7-301
shall be served on the Director of the Arkansas Farm Mediation Program within fourteen (14) days after the mediation notice was served on the farmer by the creditor. Every request for mediation shall be in a form and contain the information required by the director.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-305 - Information on services - Assignment of mediator

(a)
Within five (5) days after receiving a request for mediation, the Director of the Arkansas Farm Mediation Program shall inform the farmer and the creditor of any financial analysis or legal or other services available that may assist them in preparing for the mediation meeting and of any other requirements the farmer and creditor must meet before the mediation meeting.
(b)
(1)
Within twenty-one (21) days after receiving a request for mediation, the director shall assign a mediator and serve notice on the farmer and all his or her known creditors of the name of the mediator, the time and place of the mediation meeting.
(2)
The meeting shall be not more than forty-two (42) days after the director receives the request, and of any activities prohibited during mediation.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-306 - When provisions not applicable

Sections
2-7-302
-
2-7-305
shall not apply:
(1)
Where the debt to be collected was listed as a scheduled debt by the farmer in a petition in bankruptcy or for which a proof of claim form has been filed by a creditor under United States Code, Title 11, Chapters 7, 11, 12, or 13; and
(A)
The debt was discharged;
(B)
The creditor was granted relief from the automatic stay;
(C)
Provision for repayment, restructuring, or other treatment of the debt was made in a confirmed plan;
(D)
In the year preceding the date of commencement of the collection action, the automatic stay provided for under
11 U.S.C. § 362
was in effect with regard to the debt for more than ninety (90) days; or
(2)
When the Arkansas Farm Mediation Office has not adopted and promulgated bylaws, rules, or program guidelines necessary to implement this chapter or has not hired qualified mediators for the mediation region in which the agricultural property involved is located.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-307 - Initial meeting - Subsequent meetings

(a)
The initial mediation meeting shall be attended by the farmer and the creditor who served the mediation notice. Other creditors of the farmer may attend all mediation meetings.
(b)
After the initial meeting any further mediation meetings shall be held by consent of the parties.
Amended by Act 2023, No. 592,§ 1, eff. 8/1/2023.
Acts 1989, No. 829, § 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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-308 - Right to attorney - Duties of mediator

(a)
(1)
A farmer or other party has the right to be represented by an attorney at any mediation meeting or hearing.
(2)
A waiver of this right before any mediation meeting or hearing is ineffective.
(b)
At the initial mediation meeting and subsequent meetings, the mediator shall:
(1)
Listen to the farmer and the creditors desiring to be heard;
(2)
Attempt to mediate between the farmer and the creditors to reach a consensus where possible;
(3)
Advise the farmer and creditor as to the existence of available assistance programs;
(4)
Encourage the parties to adjust, refinance, or provide for the payment of the farmer's debts; and
(5)
Advise, counsel, and assist the farmer and creditors in attempting to arrive at an agreement for the future conduct of financial relations among the parties or to arrive at a settlement which may be stipulated to in court for the resolution to the court action.
Acts 1989, No. 829, §§ 7, 9.
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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-309 - Agreements

If an agreement is reached between the farmer and any creditor or creditors, the agreement shall:
(1)
Be signed by the farmer and any such creditor or creditors;
(2)
Bind each to the terms of the agreement;
(3)
Be enforced as a legal contract between the farmer and such creditor or creditors; and
(4)
Constitute a mediation release.
Acts 1989, No. 829, § 8.
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 7 - FARM MEDIATION (§§ 2-7-101 — 2-7-310) › Subchapter 3 - MEDIATION (§§ 2-7-301 — 2-7-310) › Section 2-7-310 - Release of creditor - Effective period

(a)
The Director of the Arkansas Farm Mediation Program shall issue a release upon request to any creditor who has paid any required fees and:
(1)
Who has attended an initial mediation meeting under §
2-7-301
or §
2-7-307
;
(2)
Who has served a mediation notice on the farmer and the farmer has not requested mediation within the time allowed;
(3)
When the farmer has waived mediation with respect to that creditor or the agricultural property at issue;
(4)
When the agricultural property has been abandoned by the farmer;
(5)
In the discretion of the director if the default is other than monetary;
(6)
When ordered to do so by a court upon a finding by the court that mediation would be unduly burdensome and an extreme hardship on the creditor;
(7)
Upon the failure of a farmer to appear at a scheduled mediation meeting; or
(8)
As otherwise provided by rule.
(b)
A release is effective as to any proceeding commenced or continued or any action taken one (1) year or less after its date of issuance, but a release is not effective as to any proceeding commenced or action taken more than one (1) year after its date of issuance.
Acts 1989, No. 829, § 8.
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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-101 - Purpose

The purpose of this chapter is to promote the growth and development of the catfish industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas.
Acts 1999, No. 790, § 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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-102 - Definitions

As used in this chapter:
(1)
"Catfish industry" means any person or entity involved in rearing, processing, or selling of pond-raised catfish for potential profit, including any person, group, or company involved in a support industry;
(2)
"Commercial catfish producer" means any person or entity involved in rearing catfish for potential profit;
(3)
"Feed seller", "seller", or "feed dealer" means any person or entity that sells feed to a commercial catfish producer; and
(4)
"Processor" means any person, group, or entity that purchases catfish from a commercial producer for the purpose of redistribution.
Acts 1999, No. 790, § 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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-103 - Arkansas Catfish Promotion Board

(a)
(1)
The Arkansas Catfish Promotion Board is created.
(2)
The board shall be composed of seven (7) members appointed by the Governor, confirmed by the Senate, who are members of the catfish industry and who are residents of Arkansas.
(3)
(A)
Each member selected shall serve for a term of two (2) years and until his or her successor is selected as provided in this section.
(B)
However, the initial members of the board shall be appointed for terms that will result in three (3) members' terms expiring after one (1) year and four (4) members' terms expiring after two (2) years.
(4)
A midterm vacancy on the board shall be filled by appointment by the Governor from a list submitted within thirty (30) calendar days from the organization making the nomination for the position being vacated.
(5)
A member of the board may be removed by a majority vote of the remaining board members for conviction of a felony, for not attending three (3) consecutive meetings, or if the member no longer meets the qualifications for his or her initial appointment.
(b)
(1)
The Secretary of the Department of Agriculture shall call an organizational meeting of the board and shall preside until officers are elected.
(2)
Members of the board shall organize immediately after their appointment and shall elect a chair, a vice chair, and a secretary-treasurer from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board.
(3)
The board may appoint an executive director, who shall be the chief operating officer of the board and whose duties shall be designated by the board.
(c)
(1)
The board may provide a salary for the executive director and for other necessary employees from funds derived from the assessments imposed in this chapter.
(2)
Members of the board shall serve without compensation but may be reimbursed for reasonable expenses.
(d)
The office of the board shall be located in the Department of Agriculture.
(e)
The resident agents of the board shall be the executive director of the board and the chair of the board, or either of them.
(f)
The Department of Agriculture shall provide administrative support to the board.
Amended by Act 2023, No. 712,§ 2, eff. 7/1/2023.
Acts 1999, No. 790, § 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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-104 - Powers

The Arkansas Catfish Promotion Board may:
(1)
Plan and conduct a program of research, market development, and advertising designed to promote the catfish industry in Arkansas;
(2)
Use funds derived from the assessments imposed in this chapter for research, extension, market development, and advertising designed to promote the catfish industry in Arkansas, including salaries and administration expenses;
(3)
Have perpetual succession as a body politic and corporate and adopt bylaws for the regulation of its affairs and the conduct of its business;
(4)
Prescribe rules and policies in connection with the performance of its functions and duties;
(5)
Sue and be sued in its own name;
(6)
Purchase, sell, or lease property of every description, real, personal, or mixed, including buildings or other facilities and equipment for the conduct of its business;
(7)
Execute contracts and other instruments necessary or convenient in the exercise of its powers and functions; and
(8)
Do any other acts and things necessary or convenient to carry out the purposes of this chapter and to exercise the powers granted by this chapter.
Acts 1999, No. 790, § 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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-105 - Funding applications

Disbursement of funds generated by this chapter shall be made only upon motion formally adopted by the Arkansas Catfish Promotion Board and presented to the Treasurer of State and only for the purpose prescribed in this chapter.
Acts 1999, No. 790, § 6; 2001, No. 215, § 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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-106 - Voter referenda

(a)
The Arkansas Catfish Promotion Board shall maintain a list of commercial producers of catfish who are entitled to vote in referenda, shall prepare ballots for the referenda, and shall prescribe voting procedures. The board shall mail a ballot by registered mail to every commercial catfish producer identified on the list maintained by the board. Each producer shall be entitled to only one (1) vote.
(b)
In all referenda, in order to be eligible to vote, a commercial catfish producer must have purchased catfish feed in the period from twelve (12) months immediately preceding the date of the referendum to not less than thirty (30) calendar days immediately preceding the date of the referendum.
(c)
The Secretary of the Department of Finance and Administration shall be reimbursed from funds collected for the costs of holding referenda.
Amended by Act 2019, No. 910,§ 3266, eff. 7/1/2019.
Acts 1999, No. 790, § 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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-107 - Election vote for levy of the assessment

(a)
(1)
Within a reasonable time after July 30, 1999, the Arkansas Catfish Promotion Board shall cause an election to be held on the question of the levy of an assessment on the sale of catfish feed within the State of Arkansas to commercial catfish producers at a rate determined by the board, such rate of assessment not to exceed five dollars ($5.00) per ton of catfish feed sold.
(2)
If a majority of the commercial catfish producers voting at the election vote for the levy of the assessment, the assessment shall be applicable to all sales of catfish feed made on and after a date specified by the board, which date shall not be later than ninety (90) calendar days after certification of the results of the election.
(3)
The assessment shall be a continuing levy until either terminated by the board or until another election is held at which a majority of the commercial catfish producers voting at an election vote against the levy. The rate of assessment approved at an election shall not be increased except under the majority vote of the commercial catfish producers voting at a subsequent election.
(b)
(1)
When petitions containing the signatures of thirty percent (30%) of the commercial catfish producers in the state, as determined by the latest available agricultural census data, are filed with the board requesting that the question of continuing the assessment be submitted to a vote of the catfish producers, the board shall cause an election to be held within ninety (90) calendar days after the filing of the petitions, to be conducted in the same manner as the initial election held on the question of the levy of the assessment.
(2)
If a majority of the commercial catfish producers voting at the election vote against the levy of the assessment, the assessment shall not be levied as of the date ten (10) calendar days after the date of the election. The levy may be reapproved, in the same manner as the initial election and subject to the same vote requirements, at an election called by the board not earlier than twelve (12) months after the date of the previous election suspending the levy of the assessment.
(c)
(1)
The assessment imposed and levied by this section shall be collected by the Secretary of the Department of Finance and Administration from each seller of catfish feed, who shall add the assessment to the purchase price of catfish feed sold in this state to commercial catfish producers.
(2)
Each seller of catfish feed, when remitting assessments collected to the secretary, may deduct not more than one percent (1%) of the gross amount of the assessments to cover the cost of compliance.
Amended by Act 2019, No. 910,§ 3267, eff. 7/1/2019.
Acts 1999, No. 790, § 8.
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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-108 - Budget

(a)
The Arkansas Catfish Promotion Board shall prepare an annual budget, a copy of which shall be maintained at the principal office of the board and shall be open for public inspection during business hours.
(b)
The board shall be audited annually in accordance with generally accepted auditing procedures, and a copy of the audit shall be filed with the Legislative Joint Auditing Committee.
Acts 1999, No. 790, § 9.
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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-109 - Assessment records

(a)
(1)
Every person required to pay the assessment provided for in this chapter shall keep a complete and accurate record of all catfish feed handled by him or her.
(2)
The records shall be in such form and contain other information as the Arkansas Catfish Promotion Board shall prescribe by rule.
(3)
The records shall be preserved for a period of two (2) years and shall be offered for inspection at any time upon written demand by the Secretary of the Department of Finance and Administration or his or her authorized agent or representative.
(b)
(1)
At such times as the secretary may require, every person required to pay the assessment provided for in this chapter shall submit reports or otherwise document any information deemed necessary for the efficient collection of the assessment imposed in this chapter.
(2)
The secretary has the power to cause any authorized agent or representative to enter upon the premises of any person required to pay the assessment provided for in this chapter and examine or cause to be examined by the agent any books, papers, and records which deal in any way with the payment of the assessment or enforcement of the provisions of this chapter.
Amended by Act 2019, No. 315,§ 6, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3269, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3268, eff. 7/1/2019.
Acts 1999, No. 790, § 10.
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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-110 - Assessment refund

(a)
So long as the assessment on the sale of catfish feed continues to be levied as provided in this chapter, any catfish producer may request and receive a refund of such assessment, provided he or she makes a written application therefor with the Secretary of the Department of Finance and Administration within sixty (60) calendar days after the date of sale, supported by copies of sales slips from the seller of the catfish feed and a refund form approved by the Arkansas Catfish Promotion Board.
(b)
The secretary shall create and approve a refund claim form.
Amended by Act 2019, No. 910,§ 3270, eff. 7/1/2019.
Acts 1999, No. 790, § 11.
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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-111 - Penalty

(a)
(1)
Any seller who fails to file a report, collect an assessment, or remit any assessment when due shall pay a penalty not to exceed five percent (5%) of the amount of the assessment that should have been collected or remitted, plus an additional penalty not to exceed one percent (1%) of the amount of the assessment that should have been collected or remitted for each month of delay, or fraction of a month, after the first month the report was required to be filed or the assessment became due.
(2)
The penalty shall be paid to the Secretary of the Department of Finance and Administration and shall be disposed of in the same manner as funds derived from the payment of an assessment as provided in this chapter.
(b)
The secretary shall collect the penalties levied in this section, together with the delinquent assessment, by any or all of the following methods:
(1)
Voluntary payment; or
(2)
Legal proceedings instituted in a court of competent jurisdiction seeking any remedies available, including, but not limited to, injunctive relief to enjoin any seller owing the assessment or penalties from engaging in business as a seller of catfish feed until the amount of the assessment due and all penalties are paid.
(c)
Any person required to pay the assessment provided for in this chapter who refuses to allow full inspection of the premises or any book, record, or other document relating to the liability of the person for the assessment imposed or who shall hinder or in any way delay or prevent the inspection shall be guilty of a violation punishable by a fine not exceeding five hundred dollars ($500).
Amended by Act 2019, No. 910,§ 3271, eff. 7/1/2019.
Acts 1999, No. 790, § 3; 2005, No. 1994, § 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 9 - CATFISH INDUSTRY (§§ 2-9-101 — 2-9-112) › Section 2-9-112 - Arkansas Catfish Promotion Fund

(a)
There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Arkansas Catfish Promotion Fund.
(b)
The fund shall consist of those special revenues from assessments as specified in this chapter, there to be used in such manner as the Arkansas Catfish Promotion Board deems appropriate for Arkansas catfish promotion and research and for the operation and maintenance of the board office and payment of expenses of the board members as set out in §
2-9-103
.
Acts 1999, No. 790, § 12.
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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 1 - ARKANSAS MILK STABILIZATION BOARD ACT (§§ 2-10-101 — 2-10-104) › Section 2-10-101 - Title

This subchapter shall be known and may be cited as the "Arkansas Milk Stabilization Act".
Amended by Act 2023, No. 691,§ 11, eff. 7/1/2023.
Acts 2007, No. 754, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 1 - ARKANSAS MILK STABILIZATION BOARD ACT (§§ 2-10-101 — 2-10-104) › Section 2-10-102 - Findings - Purposes

(a)
The General Assembly finds that:
(1)
The dairy industry is an essential agricultural activity of the State of Arkansas;
(2)
Dairy farms, associated suppliers, marketers, processors, and retailers are an integral component of the state's economy;
(3)
The ability of a dairy farm, associated supplier, marketer, processor, and retailer to provide a stable, local supply of pure and wholesome milk is a matter of great importance to the health and welfare of the people of this state;
(4)
Dairy farms are an integral part of the state's rural communities;
(5)
Dairy farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities;
(6)
Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the state's dairy industry and all the associated benefits of the industry;
(7)
Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the dairy industry of this state; and
(8)
The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937,
7 U.S.C. § 601
et seq., established only minimum prices paid to producers for raw milk, without preempting the power of the state to regulate milk prices above the minimum levels so established.
(b)
The purposes of this subchapter are to:
(1)
Take all necessary steps to assure the continued viability of dairy farming in the state;
(2)
Assure consumers of an adequate, local supply of pure and wholesome milk;
(3)
Neither displace the federal order system nor encourage the merging of federal orders; and
(4)
Encourage increased production to meet the state's need for quality milk.
Acts 2007, No. 754, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 1 - ARKANSAS MILK STABILIZATION BOARD ACT (§§ 2-10-101 — 2-10-104) › Section 2-10-103 - [Repealed]

Repealed by Act 2023, No. 691,§ 12, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 11, eff. 7/1/2019.
Acts 2007, No. 754, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 1 - ARKANSAS MILK STABILIZATION BOARD ACT (§§ 2-10-101 — 2-10-104) › Section 2-10-104 - Powers and duties of the Arkansas Livestock and Poultry Commission - Definitions

(a)
(1)
The Arkansas Livestock and Poultry Commission shall:
(A)
Have jurisdiction over milk and milk products marketed in the State of Arkansas, including without limitation the base milk price paid to an Arkansas milk producer; and
(B)
(i)
Require that an Arkansas milk producer receive Class 1 prices for milk utilized or sold as fluid milk in this state.
(ii)
Subdivision (a)(1)(B)(i) of this section applies only to milk that is both produced in and sold as fluid milk within this state.
(2)
The commission may:
(A)
Revise the payment of Class 1 prices required under subdivision (a)(1)(B)(i) of this section if Arkansas is no longer considered a milk-deficit state; and
(B)
Make, modify, and enforce rules that the commission deems necessary to effectively carry out this subsection.
(b)
As used in this section:
(1)
"Base milk price" means the top line of a milk producer's milk check before deductions for quality premiums or discounts, transportation costs, and cooperative administrative fees;
(2)
"Class 1 price" means the price declared by the Federal Milk Marketing Order No. 7; and
(3)
"Fluid milk" means milk used for buttermilk, eggnog, flavored, low-fat, skimmed, or whole milk.
Amended by Act 2023, No. 691,§ 13, eff. 7/1/2023.
Amended by Act 2021, No. 521,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 521,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 13, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 12, eff. 7/1/2019.
Acts 2007, No. 754, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 2 - DAIRY STABILIZATION GRANT ACT (§§ 2-10-201 — 2-10-205) › Section 2-10-201 - [Repealed]

Repealed by Act 2023, No. 691,§ 14, eff. 7/1/2023.
Acts 2009, No. 968, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 2 - DAIRY STABILIZATION GRANT ACT (§§ 2-10-201 — 2-10-205) › Section 2-10-202 - [Repealed]

Repealed by Act 2023, No. 691,§ 15, eff. 7/1/2023.
Acts 2009, No. 968, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 2 - DAIRY STABILIZATION GRANT ACT (§§ 2-10-201 — 2-10-205) › Section 2-10-203 - [Repealed]

Repealed by Act 2023, No. 691,§ 16, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 14, eff. 7/1/2019.
Acts 2009, No. 968, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 2 - DAIRY STABILIZATION GRANT ACT (§§ 2-10-201 — 2-10-205) › Section 2-10-204 - [Repealed]

Repealed by Act 2023, No. 691,§ 17, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 15, eff. 7/1/2019.
Acts 2009, No. 968, § 1; 2011, No. 776, § 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 10 - ARKANSAS MILK STABILIZATION BOARD (§§ 2-10-101 — 2-10-205) › Subchapter 2 - DAIRY STABILIZATION GRANT ACT (§§ 2-10-201 — 2-10-205) › Section 2-10-205 - [Repealed]

Repealed by Act 2023, No. 691,§ 18, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 16, eff. 7/1/2019.
Acts 2009, No. 968, § 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 2-11-101 - Title

This chapter shall be known and may be cited as the "Agritourism Act".
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 2-11-102 - Legislative intent - Construction - Purpose

(a)
It is the intent of this chapter to:
(1)
Promote rural tourism and rural economic development by encouraging owners or operators of farms, ranches, and other rural land or attractions, including historic, cultural, and natural attractions, to invite members of the public to view, observe, and participate in the operations and attractions for educational, entertainment, or recreational purposes; and
(2)
Encourage agritourism activities by limiting civil liability of those engaged in agritourism or providing the activities of agritourism.
(b)
This chapter shall be liberally construed to carry out the purposes described in subsection (a) of this section.
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 2-11-103 - Definitions

As used in this chapter:
(1)
"Agribusiness operation" means an agricultural, horticultural, viticultural, forestry, dairy, livestock, poultry, bee, or any other farm, ranch, plantation, or range business operation;
(2)
(A)
"Agritourism activity" means an interactive or passive activity carried out with or without payment to an agritourism activity operator on a farm, ranch, or agribusiness operation related to agriculture, food production, historic traditions, or nature-watching conducted by an agritourism activity operator for the education, entertainment, or recreation of participants.
(B)
"Agritourism activity" includes without limitation:
(i)
A farming or ranching activity;
(ii)
The viewing of historic, cultural, or natural attractions;
(iii)
A harvest-your-own activity;
(iv)
Nature-watching; and
(v)
An activity involving an animal exhibition at an agricultural fair.
(C)
"Agritourism activity" does not include:
(i)
A roadside fruit and vegetable stand; or
(ii)
An operation exclusively devoted to the sale of merchandise or food at retail;
(3)
"Agritourism activity operator" means an individual or entity that provides the facilities and equipment necessary to participate in an agritourism activity;
(4)
"Inherent risk" means dangers or conditions that are an integral part of an agritourism activity, including without limitation:
(A)
The propensity of a wild or domestic animal to behave in ways that may result in injury, harm, or death to persons on or around the wild or domestic animal;
(B)
Hazards such as surface and subsurface conditions;
(C)
Natural conditions of land, vegetation, and waters;
(D)
Ordinary dangers of structures or equipment used in farming or ranching operations; and
(E)
The potential of a participant to act in a negligent way that may contribute to injury to the participant or others, whether failing to follow safety procedures or failing to act with reasonable caution while engaging in the agritourism activity; and
(5)
"Participant" is defined as a person, other than the agritourism activity operator, who engages in an agritourism activity.
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 2-11-104 - Assumption of risk by participant

Except as provided in §
2-11-105
, a participant assumes the inherent risk of an agritourism activity by engaging in the agritourism activity.
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 2-11-105 - Liability of agritourism activity operator

This chapter shall not prevent or limit the liability of an agritourism activity operator if the agritourism activity operator or an agent of the agritourism activity operator:
(1)
Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant;
(2)
Has actual knowledge of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in the activity that proximately causes injury, damage, or death to the participant and does not make the danger known to the participant that proximately causes injury, damage, or death to the participant;
(3)
Intentionally injures a participant; or
(4)
Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
Acts 2011, No. 1024, § 1.