reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 6 - NATIVE WINES - PRODUCTION AND SALE (§§ 3-5-601 — 3-5-607) › Section 3-5-603 - Bottling - Tax

(a)
In order to enable Arkansas wineries which produce native wines to sell their products to interstate and intrastate passenger airline companies and to passenger railroads in containers for their convenience and use, the Alcoholic Beverage Control Board is authorized to promulgate rules to permit the bottling of wines produced by wineries in this state in two-fifths (2/5) of a pint or split-size wine containers, or other nearest metric size practicable when the metric system of measurement is phased into operation in this country, for sale to airlines and passenger railroads for sale for consumption thereon.
(b)
The rules may also authorize the packaging of wines produced in two-fifths (2/5) of a pint or split-size containers in the form of cluster sampler packages for sale in package form under such rules as the board shall determine, for sale in this state or for export sale in other states.
(c)
The Department of Finance and Administration is authorized to collect the necessary taxes in the same manner as now prescribed by law on the twentieth day of the month, on sales in Arkansas for the month preceding, on wines bottled and packaged under subsections (a) and (b) of this section, which are sold in Arkansas.
Amended by Act 2019, No. 315,§ 69, eff. 7/24/2019.
Acts 1975, No. 675, § 1; A.S.A. 1947, § 48-633.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 6 - NATIVE WINES - PRODUCTION AND SALE (§§ 3-5-601 — 3-5-607) › Section 3-5-604 - Importing natural fruit flavors and herb flavors

(a)
The Alcoholic Beverage Control Division and the Department of Finance and Administration are authorized to permit Arkansas wineries to bring into Arkansas natural fruit flavors and herb flavors which cannot be acquired in Arkansas and to use such flavors according to existing federal regulations regarding natural fruit flavors and formula approval for each blend of wine.
(b)
The use of such natural fruit and herb flavors in the production of wines produced from fruits and vegetables grown in this state shall in no way deprive the Arkansas wineries of the benefits of the Native Wine Law with respect to the tax to be levied upon each gallon of native wine produced and sold in this state.
Acts 1975, No. 675, § 3; A.S.A. 1947, § 48-634.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 6 - NATIVE WINES - PRODUCTION AND SALE (§§ 3-5-601 — 3-5-607) › Section 3-5-605 - Importing fruits and vegetables

(a)
Arkansas wineries are authorized to import into this state, in private or common carriers, fruits and vegetables grown outside the State of Arkansas in various forms so as to facilitate economic transportation and to use the fruits or vegetables in the production of wine according to applicable federal wine regulations, and labeled according to federal wine regulations.
(b)
The importation of fruits and vegetables and the use thereof in wine production shall be in accordance with reasonable rules promulgated by the Department of Finance and Administration to assure compliance with this subchapter and prevent abuse thereof.
(c)
(1)
An Arkansas winery importing fruits or vegetables grown outside the State of Arkansas for use in making wines in this state shall pay the seventy-five-cents-per-gallon tax levied on imported wines or wines produced from fruits and vegetables not grown in this state or on wine made from such juices extracted from fruits or vegetables brought into the state if the wine is sold in Arkansas.
(2)
The tax shall be paid in the same manner as prescribed by law on the twentieth day of the month on sales in Arkansas for the month preceding.
(3)
Records at the Arkansas winery required by federal law shall be maintained to reflect the ratio of blend of Arkansas-grown wine and the amount of wine in the blend made from the fruits or vegetables grown outside the State of Arkansas.
(4)
The seventy-five-cents-per-gallon tax shall be required to be paid only on the portion of the blend made from fruits or vegetables grown outside the State of Arkansas which are sold in Arkansas.
(5)
The tax on the Arkansas-grown portion of the wine blend shall be the same as now required on wines produced from Arkansas-grown fruits and vegetables.
(d)
Records of wine blends shall be preserved by the winery for a period of three (3) years from the relevant date of the record. These records shall be available on the premises at all times for the reasonable inspection by authorized agents of the Alcoholic Beverage Control Division and the department.
Amended by Act 2019, No. 315,§ 70, eff. 7/24/2019.
Acts 1975, No. 675, § 5; A.S.A. 1947, § 48-635.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 6 - NATIVE WINES - PRODUCTION AND SALE (§§ 3-5-601 — 3-5-607) › Section 3-5-606 - Importing wines for blending

(a)
(1)
Arkansas wineries are authorized to import into Arkansas finished or unfinished wines for blending with Arkansas red or white wines.
(2)
The wines shall be shipped into this state and blended according to regulations as set forth in federal regulations and labeled according to federal regulations which require that the appellation of origin of "Arkansas Wines" can be used only on those wines which contain seventy-five percent (75%) Arkansas-grown grapes or other materials.
(b)
The Arkansas winery shall pay a tax of seventy-five cents (75¢) per gallon on all wines imported into this state if the wines are sold in Arkansas. The seventy-five-cents-per-gallon tax shall be required to be paid only on the portion of the blend not grown and produced in Arkansas. The tax on the Arkansas-grown portion of the wine blend shall be the same as now required for wines produced from Arkansas-produced fruits and vegetables.
(c)
The tax shall be paid in the same manner as prescribed on the twentieth day of the month of sale in Arkansas for the month preceding.
(d)
The Arkansas winery shall keep records as required by federal law to show the ratio of blend of Arkansas-grown wines and the amount of out-of-state wines used in the blend.
(e)
The Department of Finance and Administration shall establish appropriate rules for the reporting and collecting of the tax on imported wines used in such blends.
(f)
To facilitate differentiation of taxes to the State of Arkansas on a wine blend under the provisions of this subchapter, a copy of the blend-ratio record which identifies the wine type or class shall accompany tax remittances for shipments made for sale in Arkansas for each particular blend.
(g)
Records of the blends shall be preserved by a winery for a period of three (3) years from the relevant date of the record and shall be available on the premises at all times for reasonable inspection by authorized agents of the department.
(h)
The Arkansas winery desiring to import wines into Arkansas to be used in blending with Arkansas wines as authorized in this subchapter shall make application for a permit to be issued by the Miscellaneous Tax Section of the Office of Excise Tax Administration, to import wines in the same manner presently required for brandy.
Amended by Act 2019, No. 315,§ 71, eff. 7/24/2019.
Acts 1975, No. 675, § 6; A.S.A. 1947, § 48-636.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 7 - WINE PRODUCERS COUNCIL (§§ 3-5-701 — 3-5-703) › Section 3-5-701 - Creation - Members

(a)
(1)
There is created the Arkansas Wine Producers Council to be composed of seven (7) members.
(2)
(A)
Four (4) members of the council shall be selected from the state at large, appointed by the Governor, and confirmed by the Senate.
(B)
The Governor shall consult the Arkansas Wine Producers Association and the Arkansas State Horticultural Society before making an appointment under subdivision (a)(2)(A) of this section.
(3)
One (1) member of the council shall be designated by the Board of Trustees of the University of Arkansas and shall be a faculty member or administrator who is knowledgeable in viniculture.
(4)
One (1) member shall be designated by the State Parks, Recreation, and Travel Commission, and the member shall be either a member or employee of the commission.
(b)
All successor members shall be appointed or designated for terms of three (3) years.
Amended by Act 2015, No. 1100,§ 1, eff. 7/22/2015.
Acts 1983, No. 912, § 1; A.S.A. 1947, § 48-649.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 7 - WINE PRODUCERS COUNCIL (§§ 3-5-701 — 3-5-703) › Section 3-5-702 - Officers

At the first meeting of the Arkansas Wine Producers Council, it shall select from its membership a chair and vice-chair and any other officers it may deem necessary or appropriate to effectively carry out its responsibilities.
Acts 1983, No. 912, § 2; A.S.A. 1947, § 48-650.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 7 - WINE PRODUCERS COUNCIL (§§ 3-5-701 — 3-5-703) › Section 3-5-703 - Powers and duties

(a)
The Arkansas Wine Producers Council shall have the authority and responsibility to promote research concerning the production of wine grapes and the manufacture of wine in Arkansas and to take any other action it deems necessary or appropriate to promote and support the Arkansas native wine industry.
(b)
The council shall have the exclusive authority to expend any and all funds deposited into the Arkansas Wine Producers Council Fund in the State Treasury for promoting research concerning the production of wine grapes and the manufacture of wine in Arkansas and for promoting the Arkansas native wine industry through the State Parks, Recreation, and Travel Commission.
(c)
The council shall consider proposals for research projects submitted by university research institutions relating to the production of wine grapes and the manufacture of wine in Arkansas and proposals which promote the Arkansas native wine industry and tourism related to the industry submitted by the commission.
(d)
Upon approval by a majority vote of the council of a proposal for research by a university research institution or for promotion or tourism by the commission, the council shall direct the Chief Fiscal Officer of the State to transfer on the Department of Finance and Administration books, and shall cause to be transferred on the books of the Treasurer of State and the Auditor of State, such amounts as determined by the council from the Arkansas Wine Producers Council Fund to the Department of Commerce Fund Account and to the operating fund or fund accounts of approved research institutions. Use of these funds may be applied as prescribed in this section in the various states of the United States and foreign countries.
Amended by Act 2019, No. 910,§ 127, eff. 7/1/2019.
Acts 1983, No. 912, § 3; A.S.A. 1947, § 48-651.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 8 - NATIVE WINE INDUSTRY DISASTER RELIEF ACT (§§ 3-5-801 — 3-5-807) › Section 3-5-801 - Title

This subchapter and §
3-5-405
[repealed] shall be known as the "Native Wine Industry Disaster Relief Act".
Acts 1981, No. 335, § 1; A.S.A. 1947, § 48-642.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 8 - NATIVE WINE INDUSTRY DISASTER RELIEF ACT (§§ 3-5-801 — 3-5-807) › Section 3-5-802 - Legislative determinations and purpose

(a)
The General Assembly recognizes, by the passage of this subchapter and §
3-5-405
[repealed], the vital contribution of agriculture to the economy of this state and of the hundreds of acres of Arkansas farmlands and of the numerous Arkansas citizens devoted to, and employed in, the production of grapes, berries, fruits, and vegetables grown in this state which are purchased by Arkansas wineries for use in the production of native wine in Arkansas.
(b)
The General Assembly further determines that the purpose and intent of the Native Wine Law is to promote the increased marketing and exportation of Arkansas fruits and vegetables in the form of wine and that it was not the intent of the Native Wine Law to curtail the expansion of Arkansas wineries by restricting the supplies of raw materials used in the production of wine when the supply of any particular raw material within the State of Arkansas is insufficient to sustain a properly aged quality-controlled wine product line.
(c)
It is further recognized that periodically severe heat, drought, flood, plant disease, or other natural factors may cause significant loss in the production of grapes, berries, fruits, and vegetables grown in this state for sale to the native wineries.
(d)
The General Assembly further recognizes, by the passage of this subchapter and §
3-5-405
[repealed], the vital contribution of the native wine industry to the economy of this state because it provides new employment opportunities, additional income, support for existing industries, and an expanding tax base in this state.
(e)
Recognition is also given to statistical studies which indicate that investments in grape vineyards require commitments of resources for up to forty (40) years.
(f)
It is the purpose of this subchapter and §
3-5-405
[repealed] to establish procedures whereby a native wine industry disaster relief program may be established when conditions created by severe flood, heat, drought, plant disease, or other natural cause may materially affect the production of grapes, fruits, berries, and vegetables used in producing native wine in this state in the future.
Acts 1981, No. 335, § 2; A.S.A. 1947, § 48-643.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 8 - NATIVE WINE INDUSTRY DISASTER RELIEF ACT (§§ 3-5-801 — 3-5-807) › Section 3-5-803 - Acquisition of ingredients from outside state

Whenever reference is made in this subchapter to the acquisition of grapes, berries, fruits, or vegetables from sources outside this state to be used for the purposes and in the quantities authorized in this subchapter, for the production of native wines, the term shall also be deemed to mean the acquisition of equivalent amounts thereof in the form of juice, pulp, or blendable wines to be used in the manufacture or blending of native wines in this state within the allowable percentages of such products used in the preparation of juices, pulp, or blendable wines as set forth in the order by the Secretary of the Department of Finance and Administration.
Amended by Act 2019, No. 910,§ 3314, eff. 7/1/2019.
Acts 1935, No. 69, § 3; Pope's Dig., § 14225; Acts 1981, No. 335, § 5; A.S.A. 1947, § 48-603.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 8 - NATIVE WINE INDUSTRY DISASTER RELIEF ACT (§§ 3-5-801 — 3-5-807) › Section 3-5-804 - Construction of act with existing laws

(a)
It is the intent of this subchapter and §
3-5-405
[repealed] that the provisions hereof shall be supplemental to the existing laws of this state pertaining to native wineries.
(b)
It is also the intent of this subchapter and §
3-5-405
[repealed]:
(1)
To provide for means of economic relief and stabilization of the native wine industry during periods of curtailed production of grapes, berries, fruits, and vegetables used in native wine production;
(2)
To serve as an incentive for the restoration of vineyards, orchards, and other production facilities of products used by the native wine industry in this state; and
(3)
To authorize the importation of products to offset losses of production of products in this state, only in accordance with a native wine industry disaster relief order of the Secretary of the Department of Finance and Administration.
(c)
It is not the intent of this subchapter and §
3-5-405
[repealed] to modify or repeal the existing native wine laws of this state except to the extent that the laws may be in specific conflict herewith.
(d)
Nothing in this subchapter and §
3-5-405
[repealed] shall be construed to require Arkansas wineries to pay gallonage tax in Arkansas on wines shipped and sold to wholesalers for sale outside of Arkansas.
(e)
Nothing in this subchapter and §
3-5-405
[repealed] shall be construed to modify, amend, or repeal the laws of this state which require that the production of native wine shall be in accordance with applicable federal wine regulations with respect to the blending or labelling of wine.
Amended by Act 2019, No. 910,§ 3315, eff. 7/1/2019.
Acts 1981, No. 335, §§ 7, 8; A.S.A. 1947, §§ 48-647, 48-648.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 8 - NATIVE WINE INDUSTRY DISASTER RELIEF ACT (§§ 3-5-801 — 3-5-807) › Section 3-5-805 - Declaration of a relief program - Effect

(a)
Whenever, due to excessive heat, drought, flood, plant disease, or other natural disaster, the production of Arkansas-grown grapes, fruits, berries, or vegetables necessary to sustain the operation of native wineries on a full production basis is severely curtailed, upon petition therefor by one (1) or more native wineries licensed to do business in this state, and upon certification from the University of Arkansas Cooperative Extension Service that the production of such products has been curtailed due to natural disaster and outlining the estimated extent of the curtailment, the Secretary of the Department of Finance and Administration shall determine, within thirty (30) days, whether circumstances exist which justify the declaration of a native wine industry disaster relief program. In connection therewith, the secretary shall make independent studies and obtain information as he or she may deem appropriate or necessary to reach a proper decision in regard to the petition.
(b)
(1)
Upon conclusion of the studies, and in no event later than thirty (30) days after the date of the receipt of the petition, the secretary shall issue a ruling.
(2)
If the secretary shall determine that circumstances justify the invoking of a native wine industry disaster relief program, as authorized in this subchapter, he or she shall state in his or her order the facts which justify the establishment of the program, the anticipated loss in production of Arkansas-grown grapes, fruits, berries, or vegetables, or varieties thereof, to result from the natural disaster, and the duration for which the native wine industry disaster relief program shall extend.
(3)
Copies of the order shall be filed by the secretary with each licensed native winery in this state and with other interested parties who may request copies of the order.
(c)
During the period of the native wine industry disaster relief program, as determined by the secretary, native wineries in this state may acquire from sources outside this state supplies of grapes, fruits, berries, or vegetables within the percentage of their total consumption of such products as set forth by the secretary.
Amended by Act 2019, No. 910,§ 3316, eff. 7/1/2019.
Acts 1981, No. 335, § 4; A.S.A. 1947, § 48-645.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 8 - NATIVE WINE INDUSTRY DISASTER RELIEF ACT (§§ 3-5-801 — 3-5-807) › Section 3-5-806 - Expanding operations during period of program

It shall be unlawful during the period of a native wine industry disaster relief order for any existing winery or any new winery in this state to start a branch or new production operation in this state during the period of the order for the sole purpose of abusing the intent of this subchapter and §
3-5-405
[repealed] to stabilize the production of native wine by authorizing the importation of products used in wine production to overcome production losses brought about by natural disasters.
Acts 1981, No. 335, § 7; A.S.A. 1947, § 48-647.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 8 - NATIVE WINE INDUSTRY DISASTER RELIEF ACT (§§ 3-5-801 — 3-5-807) › Section 3-5-807 - Tax on wines produced under program

(a)
During a period of native wine industry disaster relief order issued by the Secretary of the Department of Finance and Administration under the provisions of §
3-5-805
, any native wine produced from grapes, berries, fruits, or vegetables within the permissible quantities authorized to be imported from sources of supply outside this state to replace losses in production of such products in this state resulting from natural disaster, within the percentages set forth in the native wine industry disaster relief order of the secretary, shall be subject to the native wine tax imposed under the provisions of §
3-5-409
[repealed]. The provisions of subchapter 6 of this chapter shall be inoperative with respect to wines produced from the grapes, fruits, berries, and vegetables imported from sources of supply outside this state within the quantities set forth in the order of the secretary.
(b)
However, if quantities of wine are produced from the grapes, berries, fruits, and vegetables, or juices, pulp, or blendable wines thereof produced outside this state in excess of the percentage of the products authorized in the order of the secretary to offset losses of production in this state resulting from natural disaster, the tax on such excess native wine produced from imported grapes, fruits, berries, and vegetables, or from juices, pulp, or blendable wines derived therefrom, shall be reported and paid as provided in subchapter 6 of this chapter.
Amended by Act 2019, No. 910,§ 3317, eff. 7/1/2019.
Acts 1981, No. 335, § 6; A.S.A. 1947, § 48-646.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-901 - Program established

As a means of providing more stable markets for grapes, fruits, berries, or vegetables used in the production of wine in this state, the General Assembly establishes a program of payments, in the form of grants, to be made to each winery in this state with respect to grapes, fruits, berries, or vegetables grown and produced in Arkansas and used by wineries located in this state in the production of wine.
Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-902 - Purpose of incentives

Through the passage of this subchapter, the General Assembly establishes a financial incentive in the forms of grant payments as authorized in this subchapter for the encouragement of growing of grapes and other fruits used in the production of wine in this state to:
(1)
Reduce unemployment and provide new and expanded job opportunities for the people of this state;
(2)
Provide expanded markets for grapes, fruits, berries, or vegetables produced in Arkansas thereby providing increased opportunities for the use of productive lands in this state and to stimulate the agricultural economy of this state;
(3)
Attract other industries to this state;
(4)
Provide stability to the marketing of grapes used in the wine industries of this state thereby providing financial relief to the owners of hundreds of acres of vineyards that have been totally or severely damaged due to extreme drought and freezing conditions resulting from unseasonal weather and climatic changes that are not typical of the climate of this state;
(5)
Provide relief to Arkansas wineries which must compete with products imported from foreign countries whose producers are receiving direct government subsidies which enable those producers to sell their products in this country at subsidized prices which gives them a competitive advantage over domestically produced wines, which is destructive of the domestic wine industry and agricultural and employment opportunities of persons who are dependent upon the wine industry for their support; and
(6)
Provide relief to the financial community of this state which made investments and loans supporting the growers of grapes, fruits, berries, or vegetables used in the wine industry to provide stability to the marketing of such products thereby enabling the growers to overcome losses suffered due to extreme weather conditions, and as an incentive for additional investments necessary for increased production of such agricultural products in this state.
Acts 1985, No. 681, § 1; A.S.A. 1947, § 48-652.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-903 - Rules

The Secretary of the Department of Finance and Administration may establish reasonable rules to be followed by wineries in this state in making application for the subsidy payments and to prevent abuse of the subsidy payments.
Amended by Act 2019, No. 315,§ 72, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3318, eff. 7/1/2019.
Acts 1985, No. 681, § 3; A.S.A. 1947, § 48-654.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-904 - Eligibility

(a)
A winery is eligible to receive a grant under this subchapter if the winery:
(1)
Has been actively involved in the sale of wine as an Arkansas-bonded winery for five (5) years; or
(2)
Has a federal license;
(3)
Was licensed by the State of Arkansas as of January 1, 2016;
(4)
Cultivates and maintains two (2) or more acres of marketable grapes in Arkansas using standard commercial vineyard cultivation practices;
(5)
Produces by fermentation a minimum of eight hundred gallons (800 gals.) of wine on the winery premises in the previous calendar year; and
(6)
Received a certification of eligibility under this subsection from the Arkansas Wine Producers Council.
(b)
Only those wineries located in this state which use not less than seventy-five percent (75%) of Arkansas-grown and Arkansas-produced grapes, fruits, berries, or vegetables for producing wine shall be eligible to receive grants under the provisions of this subchapter.
(c)
However, in any year in which there are losses in production of Arkansas-grown grapes, fruits, berries, or vegetables used in the production of wine resulting from droughts, floods, tornadoes, extreme weather conditions, or other natural causes, the percentage of Arkansas-grown and Arkansas-produced grapes, fruits, berries, or vegetables used in producing wine, as required in this subchapter, shall be reduced in the proportion of the losses in production of the products as determined and set forth in a disaster relief order issued by the Secretary of the Department of Finance and Administration prepared under the same procedures as set forth in the Native Wine Industry Disaster Relief Act, §
3-5-801
et seq.
Amended by Act 2019, No. 1050,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3319, eff. 7/1/2019.
Amended by Act 2017, No. 508,§ 4, eff. 1/1/2018.
Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653; Acts 2003 (1st Ex. Sess.), No. 50, § 110.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-905 - Applications

Any winery in this state that produces wine from grapes, fruits, berries, or vegetables grown in this state and complies with the provisions of §
3-5-904
, that desires to receive the grants authorized in this subchapter with respect to the purchase of such products or with respect to such products produced in vineyards or of other growing facilities in this state belonging to the winery, may make application for grant payments under this subchapter upon forms and in accordance with the rules promulgated by the Secretary of the Department of Finance and Administration.
Amended by Act 2019, No. 315,§ 73, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3320, eff. 7/1/2019.
Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-906 - Records

(a)
Any winery seeking grant payments under the provisions of this subchapter shall keep records to establish the quantities of grapes, fruits, berries, or vegetables grown in this state purchased or produced by the winery and used in the making of wine.
(b)
The records shall include weight receipts for grapes, fruits, berries, or vegetables used in wine-making, together with proof of purchase of the grapes, fruits, berries, or vegetables from Arkansas producers, or proof of production of the grapes, fruits, berries, or vegetables in production facilities belonging to the winery, a copy of which shall accompany a request for grant payments under this subchapter. Proof of purchase shall consist of a copy of a sales and weight receipt indicating the Arkansas grower's name and address from whom purchased or indicating the weight of the products produced from production facilities belonging to the winery. All weights shall be made upon scales inspected and certified by the Arkansas Bureau of Standards.
Acts 1985, No. 681, § 2; A.S.A. 1947, § 48-653.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-907 - Payments - Amount

(a)
Grant payments as authorized in this subchapter shall be made by the Secretary of the Department of Finance and Administration from moneys appropriated by the General Assembly for that purpose at each regular session and fiscal session of the General Assembly.
(b)
(1)
Grant funds awarded shall be distributed equally to each winery at a base amount not to exceed five hundred dollars ($500), with any remaining balance of the grant to be divided among each grantee according to the same ratio as the wine taxes paid in the previous calendar year by the grantee not to exceed one hundred twenty-five thousand dollars ($125,000) annually to any one (1) winery, as determined by the Chief Fiscal Officer of the State.
(2)
If a winery reaches the annual grant limit under subdivision (b)(1) of this section, the remainder of the grant funds shall be distributed among the remaining eligible wineries.
(c)
Applications for grants shall be submitted to the Chief Fiscal Officer of the State on or by the 15th of June.
Amended by Act 2019, No. 1050,§ 2, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3321, eff. 7/1/2019.
Amended by Act 2017, No. 508,§ 5, eff. 1/1/2018.
Acts 1985, No. 681, §§ 2, 3; A.S.A. 1947, §§ 48-653, 48-654; Acts 2003 (1st Ex. Sess.), No. 50, § 111; 2009, No. 962, § 3.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 9 - NATIVE WINES - INCENTIVE GRANTS (§§ 3-5-901 — 3-5-908) › Section 3-5-908 - Arkansas Agricultural Marketing Grants Fund

There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the Arkansas Agricultural Marketing Grants Fund, into which shall be paid the fees specified by §
19-6-839(b)
and such moneys as may be provided by law to be used for making payments of grants to eligible Arkansas wineries under this subchapter.
Amended by Act 2019, No. 1050,§ 3, eff. 7/24/2019.
Acts 1985, No. 681, § 3; A.S.A. 1947, § 48-654; Acts 2003 (1st Ex. Sess.), No. 50, § 112.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 10 - NATIVE WINES - SUBSIDIES (§§ 3-5-1001 — 3-5-1007) › Section 3-5-1001 - Legislative determinations and intent

(a)
The General Assembly finds and recognizes that the tax incentives of the Native Wine Law of this state have provided incentives to encourage the expansion of the grape wine and other fruit wine industry in Arkansas, have caused the increase in the planting of grapes, berries, and other fruits, and have stimulated the construction, expansion, and operation of native wineries, with resulting benefits of employment, not only in the grape and berry production industry and in the wineries, but also in related industries which furnish cartons, bottles, petroleum products, fertilizer products, farm machinery and equipment, barrels, and related supplies and materials necessary and incidental to the wine industry.
(b)
The stimulation of business activity in this state by the Native Wine Law, with resulting employment, is determined by the General Assembly to be essential to the economic welfare of this state.
(c)
The General Assembly further notes that a number of states have enacted legislation similar to the Native Wine Law or other means of promoting the growth of fruits and vegetables used in the wine industry and that these laws in other states, as in Arkansas, have been enacted under guarantees of the Twenty-First Amendment to the United States Constitution that granted to states complete control over alcoholic beverages within and shipped into, their boundaries.
(d)
(1)
The General Assembly is further aware of proposed legislation presented in recent sessions of the United States Congress which, if passed, would not only destroy the tax incentive plans such as the Native Wine Law, but will also directly and proportionately destroy those growers of wine grapes, fruits, and berries, and wineries within such states who acted in reliance and good faith upon the benefits of the tax incentive plan to make the initial investments to enter into the wine production business.
(2)
The enactment of federal legislation prohibiting the continuation of tax incentive plans, such as the Native Wine Law, could not only be disastrous to the fruit and berry growers of this state and to the wineries which have invested funds in plants and equipment, but could also contribute to unemployment not only in these industries, but would substantially reduce the demands for goods and services which support the native fruit and berry production industry and the native winery industry, thereby creating a statewide economic decline.
(e)
The General Assembly therefore determines that the enactment of this subchapter is essential to establish a special fruit wine industry-subsidy plan, to be implemented in the event federal legislation is enacted obviating the Native Wine Law, thereby protecting fruit and berry growers from economic collapse and further promoting the high level of employment in this state.
Acts 1975, No. 679, § 1; A.S.A. 1947, § 48-638n.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 10 - NATIVE WINES - SUBSIDIES (§§ 3-5-1001 — 3-5-1007) › Section 3-5-1002 - Implementation dependent on federal legislation

(a)
The provisions of this subchapter shall be effective, and shall be implemented, only in the event the Congress of the United States enacts legislation obviating the Native Wine Law of this state and prohibits the State of Arkansas from granting to native wineries the incentives to purchase Arkansas-produced grapes, berries, fruits, or vegetables used in the production of native wine in this state.
(b)
In the event of the enactment of federal legislation, the provisions of this subchapter shall become effective on the effective date of the federal legislation.
Acts 1975, No. 679, § 7; A.S.A. 1947, § 48-641n.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 10 - NATIVE WINES - SUBSIDIES (§§ 3-5-1001 — 3-5-1007) › Section 3-5-1003 - Program to be established

(a)
In the event the Congress of the United States shall enact legislation which would prohibit the State of Arkansas from taxing wines produced in this state from grapes, berries, or other fruits or vegetables at a rate of tax less than the tax imposed on wines produced in other states, thereby obviating the benefits of the Native Wine Law for Arkansas fruit and berry growers and native wineries, the General Assembly determines that wines produced by native wineries in this state from grapes, berries, and other fruits or vegetables grown in this state shall be taxed at the same rate of tax imposed upon wines produced from materials originating in another state.
(b)
In the event of the passage of federal legislation obviating the Native Wine Law and as a means of providing continued inducement for the production of grapes, berries, fruits, and vegetables used in the production of wine in this state, a program of direct subsidies is established for the benefit of Arkansas growers of grapes, berries, fruits, and vegetables used in the production of wine in this state, which will become effective on the date which the federal legislation obviating the native wine tax becomes effective.
Acts 1975, No. 679, § 2; A.S.A. 1947, § 48-638.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 10 - NATIVE WINES - SUBSIDIES (§§ 3-5-1001 — 3-5-1007) › Section 3-5-1004 - Eligibility - Payment - Amount

(a)
The subsidy to Arkansas growers of grapes, berries, fruits, or vegetables used in the production of wine in wineries in this state shall be in the form of payments made to each winery in this state with respect to all grapes, berries, fruits, or vegetables grown in this state which are bought by Arkansas wineries and used in the production of wine in this state.
(b)
The subsidy shall not be available to wineries in this state with respect to grapes, berries, fruits, or vegetables produced outside the State of Arkansas.
(c)
The winery paying the native wine tax shall be allowed to draw the subsidy within thirty (30) days after the wine tax is paid for the previous months' sales.
(d)
The subsidy provided in this subchapter shall be computed at the rate of seven cents (7¢) per pound for Arkansas-produced grapes, berries, fruits, and vegetables purchased and used in the production of wine by wineries in this state. However, the aggregate amount of subsidy that any one (1) winery may receive under the provisions of this subchapter shall not exceed an amount in excess of the equivalent of sixty-nine cents (69¢) on each seventy-five cents (75¢) of tax levied in this state upon each gallon of wine sold in this state by the winery produced from Arkansas-grown fruits and vegetables upon which the tax is paid.
Acts 1975, No. 679, §§ 3, 4; A.S.A. 1947, §§ 48-639, 48-640.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 10 - NATIVE WINES - SUBSIDIES (§§ 3-5-1001 — 3-5-1007) › Section 3-5-1005 - Applications

Any winery in this state which produces wines from grapes, berries, fruits, or vegetables grown in this state, which desires to receive the subsidy authorized in this subchapter with respect to such purchases, may make application for the subsidy with the Department of Finance and Administration upon forms and in accordance with rules promulgated by the Secretary of the Department of Finance and Administration.
Amended by Act 2019, No. 315,§ 74, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3322, eff. 7/1/2019.
Acts 1975, No. 679, § 4; A.S.A. 1947, § 48-640.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 10 - NATIVE WINES - SUBSIDIES (§§ 3-5-1001 — 3-5-1007) › Section 3-5-1006 - Records

(a)
Each winery in this state shall keep records to establish the quantity of grapes, berries, fruits, or vegetables grown in this state which are purchased and used for the making of wine in this state.
(b)
The records shall include weight receipts for fruits and vegetables, together with proof of purchase of the fruits and vegetables from Arkansas producers, a copy of which shall accompany requests for a tax subsidy payment. Proof of purchase shall consist of a copy of the sale weight receipt signed by the weighmaster, indicating the Arkansas grower's name and address from whom purchased. All weights shall be made upon scales inspected and certified by the Bureau of Standards of the State Plant Board.
(c)
Wineries shall be allowed to submit weights from the past growing season, or for past years' growing seasons, preceding the sale of wine in order to allow for proper aging of the wine, with the exception of aged vintage year wines, in which case, a copy of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives vintage control production form shall accompany the copy of the weight ticket for the year the vintage was harvested, following federal restrictions on fractional blend allowances.
Acts 1975, No. 679, § 4; A.S.A. 1947, § 48-640.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 10 - NATIVE WINES - SUBSIDIES (§§ 3-5-1001 — 3-5-1007) › Section 3-5-1007 - Establishment of Arkansas Wine Grape, Berry, Fruit, and Vegetable Subsidy Fund

(a)
In order to provide moneys to be used in paying the subsidies to Arkansas grape, berry, fruit, and vegetable producers whose production is sold to wineries in this state for making wine, the Secretary of the Department of Finance and Administration is authorized and directed to cause to be set aside in the State Treasury an amount of sixty-nine cents (69¢) for each seventy-five cents (75¢) gallonage tax collected on wines produced by wineries in this state from grapes, berries, fruits, or vegetables used in the production of wines in this state.
(b)
The amounts to be set aside shall be certified to the Treasurer of State during each period of settlement with the Treasurer of State on wine gallonage taxes collected from wineries in this state. The funds shall be deposited in a fund within the State Treasury to be known as the "Arkansas Wine Grape, Berry, Fruit, and Vegetable Subsidy Fund". The fund shall be used exclusively for payment of subsidies to Arkansas wineries with respect to purchases of grapes, berries, fruits, and vegetables produced in this state used in the production of wine in this state.
Amended by Act 2019, No. 910,§ 3323, eff. 7/1/2019.
Acts 1975, No. 679, § 5; A.S.A. 1947, § 48-641.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 11 - BEER - WHOLESALERS AND SUPPLIERS (§§ 3-5-1101 — 3-5-1111) › Section 3-5-1101 - Legislative intent and purpose

(a)
The legislative intent and purpose of this subchapter is to provide a structure for the business relations between a wholesaler and a supplier of beer.
(b)
Regulation in this area is considered necessary for the following reasons:
(1)
To maintain stability and healthy competition in the beer industry in this state;
(2)
To promote and maintain a sound, stable, and viable three-tier system of distribution of beer to the public; and
(3)
To promote the public health, safety, and welfare.
Acts 1991, No. 8, § 1; 1991, No. 866, § 1.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 11 - BEER - WHOLESALERS AND SUPPLIERS (§§ 3-5-1101 — 3-5-1111) › Section 3-5-1103 - Applicability of subchapter to future agreements - Transferee continues under agreement

(a)
This subchapter shall apply to agreements entered into or renewed after January 31, 1991.
(b)
(1)
A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer.
(2)
However, a transfer of a wholesaler's business which requires the supplier's consent or approval but is disapproved by the supplier shall be null and void.
Acts 1991, No. 8, § 9; 1991, No. 866, § 9.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 11 - BEER - WHOLESALERS AND SUPPLIERS (§§ 3-5-1101 — 3-5-1111) › Section 3-5-1104 - Subchapter cumulative

This subchapter is cumulative, and supplements and is in addition to Title 3 of this Code and the Arkansas Franchise Practices Act, §
4-72-201
et seq., as amended.
Acts 1991, No. 8, § 12; 1991, No. 866, § 12.
Arkansas Code of 1987 (2023) › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-101 — 3-9-606) › Chapter 5 - BEER AND WINE - MANUFACTURE, SALE, AND TRANSPORTATION GENERALLY (§§ 3-5-101 — 3-5-1909) › Subchapter 11 - BEER - WHOLESALERS AND SUPPLIERS (§§ 3-5-1101 — 3-5-1111) › Section 3-5-1105 - Waiver of rights

(a)
(1)
A wholesaler may not waive any of the rights granted in any provision of this subchapter, and the provisions of any agreement which would have such an effect shall be null and void.
(2)
Nothing in this subchapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
(b)
No right or cause of action authorized by Arkansas law shall be waived by the supplier or wholesaler unless specifically waived in the agreement.
Acts 1991, No. 8, §§ 8, 11; 1991, No. 866, §§ 8, 11.