reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 4 - OWNERSHIP AND BREEDING OF WOLVES AND WOLF-DOG HYBRIDS (§§ 20-19-401 — 20-19-408) › Section 20-19-406 - Vaccination

(a)
Wolves and wolf-dog hybrids are required to be vaccinated against rabies by a licensed veterinarian with a vaccine approved for dog use, and a rabies certificate may be issued.
(b)
Veterinarians shall inform the owner of the wolf or wolf-dog hybrid, preferably in writing, that the vaccination is considered "off label" and that protection against rabies is not guaranteed.
(c)
If a wolf or wolf-dog hybrid bites a person, the following criteria shall be used by an official of the Department of Health in dealing with the animal:
(1)
The decision shall consider, at least:
(A)
The epidemiology and risk of rabies in the species of animal in question;
(B)
Possible prior exposure to a rabies vector;
(C)
Behavior of the animal at the time of the bite;
(D)
Prior rabies vaccinations; and
(E)
Other circumstances that may exist;
(2)
In some situations, the department shall consider the initiative and willingness of the individual so exposed to submit to postexposure antirabies immunization after being adequately informed of all potential risks;
(3)
Upon written order by the Secretary of the Department of Health or a specifically designated representative, any biting animal determined to be at significant risk for the transmission of rabies shall be humanely killed and the brain tissue submitted for testing; and
(4)
The department has the authority to order the quarantine of an animal determined to be a very low risk for the transmission of rabies for a thirty-day observation period as an alternate method to euthanasia and testing.
(d)
Owners shall be notified and given three (3) business days to provide proof to the department in their animal's defense before the animal can be euthanized.
(e)
If in the future the United States Department of Agriculture approves the use of rabies vaccines in wolves or wolf-dog hybrids, or both, then wolves and wolf-dog hybrids will fall under the same rules as dogs regarding biting humans and rabies control.
Amended by Act 2019, No. 315,§ 1980, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5016, eff. 7/1/2019.
Acts 2001, No. 1768, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 4 - OWNERSHIP AND BREEDING OF WOLVES AND WOLF-DOG HYBRIDS (§§ 20-19-401 — 20-19-408) › Section 20-19-407 - Penalties

(a)
If a wolf or wolf-dog hybrid bites a person or injures or destroys another animal while out of its confined area, the person responsible for the adequate confinement of the animal upon conviction shall be guilty of a Class A misdemeanor.
(b)
If a wolf or wolf-dog hybrid is not adequately confined or fed, the person responsible for adequate confinement or adequate feeding of the animal, or both adequate feeding and adequate confinement, upon conviction shall be guilty of a Class A misdemeanor.
(c)
A person who abandons or releases a wolf or wolf-dog hybrid into the wild upon conviction shall be guilty of a Class A misdemeanor.
Acts 2001, No. 1768, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 4 - OWNERSHIP AND BREEDING OF WOLVES AND WOLF-DOG HYBRIDS (§§ 20-19-401 — 20-19-408) › Section 20-19-408 - Local regulation

Nothing in this subchapter shall be construed to prohibit local regulation of the ownership, breeding, confinement, or feeding of wolves or wolf-dog hybrids.
Acts 2001, No. 1768, § 8.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-501 - Definitions

As used in this subchapter:
(1)
"Large carnivore" means any live individual of those species of animals that are inherently dangerous to humans, including:
(A)
Bears;
(B)
Lions; and
(C)
Tigers;
(2)
"Possessor" means a person who owns, keeps, or has custody or control of a large carnivore; and
(3)
(A)
"Wildlife sanctuary" means a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code as it existed on January 1, 2005, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced large carnivores are provided care for their lifetimes.
(B)
"Wildlife sanctuary" does not mean a place that:
(i)
Conducts any activity that is not inherent to the large carnivore's nature;
(ii)
Uses the large carnivore for any type of entertainment;
(iii)
Sells, trades, or barters the large carnivore or the large carnivore's body parts; or
(iv)
Breeds the large carnivore for purposes of sale.
Acts 2005, No. 2226, § 1; 2007, No. 827, § 165.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-502 - Prohibited acts

(a)
Except as permitted under this subchapter, it is unlawful for a person to:
(1)
Own or possess a large carnivore;
(2)
Breed a large carnivore; or
(3)
Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration.
(b)
Except as permitted under this subchapter, it is unlawful for a person or other entity in control of any property, residence, or business premises to knowingly permit any other person to be in possession of a large carnivore upon the property, residence, or business premises.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-503 - Exemptions

This subchapter does not apply to:
(1)
Institutions accredited by the Association of Zoos and Aquariums;
(2)
Registered nonprofit humane societies;
(3)
Animal control officers or law enforcement officers acting under the authority of this subchapter;
(4)
Veterinary hospitals or clinics;
(5)
A person or organization with a United States Department of Agriculture Wildlife Exhibition Permit;
(6)
Employees of the Arkansas State Game and Fish Commission in the performance of their duties;
(7)
Persons holding a valid Arkansas State Game and Fish Commission Scientific Collection Permit applicable to a large carnivore; or
(8)
Persons or organizations with an Arkansas State Game and Fish Commission Wildlife Breeder/Dealer Permit.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-505 - Caging requirements

(a)
(1)
The possessor of a large carnivore is required to maintain the large carnivore in a cage that meets the requirements recommended by the United States Department of Agriculture or the Association of Zoos and Aquariums as in existence on January 1, 2005, for each species of large carnivore.
(2)
Failure to provide the caging required by this section shall result in the cancellation of the permit for personal possession.
(b)
Deviations from these caging requirements may be approved by the county sheriff of the county where the large carnivore is kept upon showing of good cause.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-506 - Insurance - Signs - Notification

(a)
(1)
A possessor of a large carnivore shall maintain liability insurance coverage of not less than one hundred thousand dollars ($100,000) for each occurrence for liability damages for destruction of or damage to property and for death or bodily injury to a person caused by the large carnivore.
(2)
The possessor of a large carnivore shall provide a copy of the policy for liability insurance to the county sheriff's department on an annual basis to obtain or renew a permit.
(b)
(1)
The possessor of a large carnivore shall post and display a sign at each possible entrance onto the premises where a large carnivore is kept.
(2)
The sign shall be clearly legible and easily readable by the public.
(3)
The sign shall warn that there is a large carnivore on the premises.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-507 - Inspection

The possessor of a large carnivore shall allow an official of the county sheriff's department, an animal control officer, an Arkansas State Game and Fish Commission game warden, or a law enforcement officer of the municipality or county where the large carnivore is kept to enter the premises to ensure compliance with this subchapter.
Amended by Act 2023, No. 852,§ 6, eff. 8/1/2023.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-508 - Public contact - Warnings of escape

(a)
The possessor of a large carnivore shall not bring a large carnivore to any commercial or retail establishment unless the possessor is bringing the large carnivore to a veterinarian clinic.
(b)
(1)
If a large carnivore escapes or is released, the possessor of the large carnivore immediately shall contact the Arkansas State Game and Fish Commission and law enforcement officials of the city or county where the possessor resides to report the escape or release.
(2)
The possessor is liable for all expenses associated with efforts to recapture the large carnivore.
(c)
A person or an organization with a United States Department of Agriculture Wildlife Exhibition Permit may take the large carnivore to schools and other exhibitions for educational or fundraising purposes.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-509 - Confiscation

(a)
A large carnivore may be immediately confiscated by a county sheriff's department if:
(1)
The possessor does not have a permit for personal possession;
(2)
The possessor does not have the liability insurance coverage required under this subchapter;
(3)
Conditions under which the large carnivore is kept are directly or indirectly dangerous to human health and safety; or
(4)
The caging requirements of §
20-19-505
are not met.
(b)
(1)
If a large carnivore is confiscated, the possessor shall be liable for the costs of placement and care for the large carnivore from the time of confiscation until the time the large carnivore has been relocated to an alternative facility.
(2)
The county sheriff's department shall seek to place the confiscated large carnivore with a wildlife sanctuary, humane society, or an institution accredited by the Association of Zoos and Aquariums.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-510 - Penalties

A person who is in violation of the prohibitions of §
20-19-502
is guilty of a Class A misdemeanor.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 5 - OWNERSHIP AND POSSESSION OF CERTAIN LARGE CARNIVORES (§§ 20-19-501 — 20-19-511) › Section 20-19-511 - Rules and regulations

(a)
The county sheriff's department of each county may collect the fees for the permits for personal possession required under this subchapter.
(b)
The Arkansas State Game and Fish Commission may adopt rules and regulations to implement and enforce this subchapter.
Acts 2005, No. 2226, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-601 - Definitions

As used in this subchapter:
(1)
"Interested person" means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity that a court determines may have a pecuniary interest in a primate that is the subject of the petition under §
20-19-607
;
(2)
"Law enforcement officer" means a public servant vested by law with a duty to maintain public order or to make an arrest for an offense, including without limitation:
(A)
An animal control officer; and
(B)
An Arkansas State Game and Fish Commission game warden;
(3)
"Person" means an individual, a partnership, a corporation, an organization, or another legal entity or an officer, a member, a shareholder, a director, an employee, an agent, or a representative of a partnership, a corporation, an organization, or another legal entity;
(4)
"Primate" means a live individual animal of the taxonomic order Primates, excluding humans;
(5)
(A)
"Temporary holding facility" means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer.
(B)
"Temporary holding facility" includes a person that is a registered primate owner that is temporarily caring for a primate; and
(6)
"Wildlife sanctuary" means a nonprofit entity that:
(A)
Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care;
(B)
Does not conduct a commercial activity with respect to primates, including without limitation:
(i)
Sale, trade, auction, lease, or loan of primates or parts of primates; or
(ii)
Use of primates in a for-profit business or operation;
(C)
Does not use primates for entertainment purposes or in a traveling exhibit;
(D)
Does not breed primates; and
(E)
Does not allow members of the public to be in proximity to primates without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a primate of any age.
Amended by Act 2023, No. 852,§ 7, eff. 8/1/2023.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-602 - Prohibited activities

(a)
A person shall not import, possess, sell, or breed the following primates:
(1)
An ape;
(2)
A baboon; or
(3)
A macaque.
(b)
(1)
(A)
It is unlawful for a person to allow a member of the public to come into direct contact with a primate.
(B)
Subdivision (b)(1)(A) of this section does not apply to a registered primate owner, the family of a registered primate owner, or an invited guest of a registered primate owner.
(2)
If a primate potentially exposes a human to rabies or another zoonotic disease by penetration or abrasion of the skin, the owner of the primate shall report the potential exposure to the local public health office within twenty-four (24) hours.
(c)
(1)
It is unlawful for a person to tether a primate outdoors, such as on a leash or chain, or to allow a primate to run at-large.
(2)
If a primate escapes or is released, the owner of the primate immediately shall contact a law enforcement officer in the county in which the primate is kept and the Arkansas State Game and Fish Commission to report the loss, escape, or release.
(3)
The owner of a primate that escapes or is released is liable for all expenses associated with efforts to recapture the primate.
(d)
It is unlawful to violate the caging and care standards in this subchapter or to keep a primate in a manner that threatens animal welfare or public safety.
(e)
It is unlawful to operate a primate commercial breeding facility in this state.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-603 - Exemptions

(a)
Section
20-19-602(a), (c), and (d)
and §
20-19-605
do not apply to:
(1)
Either:
(A)
An institution accredited by a zoological accreditation agency, including without limitation the Association of Zoos and Aquariums, or the Zoological Association of America; or
(B)
A certified related facility that coordinates with an Association of Zoos and Aquariums Species Survival Plan Program for breeding of species listed as threatened or endangered under
16 U.S.C. § 1533
, as it existed on January 1, 2013;
(2)
A research facility as defined in the Animal Welfare Act,
7 U.S.C. § 2132(e)
, as it existed on January 1, 2013;
(3)
A wildlife sanctuary;
(4)
A temporary holding facility;
(5)
A licensed veterinarian for the purpose of providing treatment to a primate;
(6)
A law enforcement officer for purposes of enforcement or investigation;
(7)
A circus defined as an exhibitor holding a Class C license under the Animal Welfare Act,
7 U.S.C. § 2131
et seq., as it existed on January 1, 2013, that:
(A)
Is in the state for less than ninety (90) days per year;
(B)
Regularly conducts performances featuring live, dangerous, wild animals and multiple trained human entertainers, including clowns and acrobats; and
(C)
Does not allow a member of the public to be in proximity to a dangerous, wild animal without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a dangerous, wild animal;
(8)
(A)
A person temporarily transporting a legally owned primate, including an ape, macaque, or baboon, through this state if:
(i)
The transit time is not more than ten (10) days;
(ii)
The primate, including an ape, macaque, or baboon, is not exhibited; and
(iii)
The transporter has complied with all state laws and federal regulations regarding the transport.
(B)
(i)
A transporter exempted under subdivision (a)(8)(A) of this section shall provide notice of the transport to the Arkansas State Game and Fish Commission before entering the state, identifying the number and type of primate, including an ape, macaque, or baboon, that will be transported.
(ii)
The notification required under subdivision (a)(8)(B)(i) of this section is in addition to a veterinary certificate or other permit required by state, local, or federal law; or
(9)
A person that is temporarily transporting a legally owned primate under §
20-19-604
.
(b)
However, a registered primate owner, including an ape, macaque, or baboon owner, may transfer a registered primate, including an ape, macaque, or baboon.
Amended by Act 2019, No. 315,§ 1981, eff. 7/24/2019.
Amended by Act 2015, No. 1243,§ 1, eff. 7/22/2015.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-604 - Prior possession

A person eighteen (18) years of age or older may continue to lawfully possess a primate, including an ape, macaque, or baboon, if within one hundred eighty (180) days after August 16, 2013, the primate, including an ape, macaque, or baboon, is registered under §
20-19-605
and if:
(1)
The person maintains veterinary records, acquisition papers, or other documents or records that establish that the person possessed the primate, including an ape, macaque, or baboon, before August 16, 2013;
(2)
The person does not acquire an ape, macaque, or baboon after August 16, 2013, by purchase, trade, or breeding;
(3)
The person has not pleaded guilty or nolo contendere to or been found guilty of an offense involving the abuse or neglect of an animal under a state, local, or federal law;
(4)
The person is not subject to a court order requiring the forfeiture of a primate;
(5)
The person has not had a license or permit regarding the care, possession, exhibition, breeding, or sale of an animal revoked or suspended for more than six (6) months by a state, local, or federal authority;
(6)
The facility and the conditions in which each primate is kept comply with this subchapter;
(7)
The person does not bring a primate to a commercial or retail establishment, unless it is owned or rented by the registered primate owner, or is a licensed veterinarian's office, an educational facility, a facility rented for the sole purpose of education, or a hotel or motel where the primate would not have direct contact with the public; or
(8)
The person has an identification number placed in the primate via subcutaneous microchip, at the expense of the owner, unless a veterinarian determines the implantation would be harmful to the primate's well-being.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-605 - Registration of primates

(a)
(1)
(A)
Within one hundred eighty (180) days after August 16, 2013, a person that currently owns or possesses a primate shall submit to the county sheriff of the county in which the person keeps a primate a registration form provided by the sheriff's office.
(B)
A person that in the future may purchase, import, trade for, or otherwise own or possess a primate not prohibited under this subchapter shall within thirty (30) days after acquisition of the primate submit to the county sheriff of the county in which the person keeps the primate a registration form provided by the sheriff's office.
(2)
(A)
The registration form shall include:
(i)
The name, address, and telephone number of the registrant;
(ii)
A description of each primate, including the scientific classification, name, gender, age, color, weight, and distinguishing marks;
(iii)
A photograph of the primate and the enclosure in which the primate is kept with measurements to show compliance with this subchapter;
(iv)
The location at which the primate is kept;
(v)
The name, address, and telephone number of the person from whom the registrant obtained the primate, if known; and
(vi)
A written statement giving the name and address of the veterinarian who provides veterinary care to the primate, signed by the veterinarian.
(B)
The registrant shall submit with the registration form a one-time registration fee of fifty dollars ($50.00) for the initial registration and a fee of ten dollars ($10.00) for each additional registration to be deposited into the county treasury, which the county sheriff's department shall use to offset the cost of issuing registration for possession of a primate and for costs involved in controlling primates located within the county.
(3)
The county sheriff's office shall notify the Arkansas State Game and Fish Commission of each registration received by the county sheriff's office.
(b)
The person shall notify the county sheriff's office of any changes in the information provided on the registration form, including the death or transfer of the primate.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-606 - Facility and care requirements

(a)
A person possessing a primate shall maintain the primate in an enclosure that meets or exceeds the minimum standards set forth by the United States Department of Agriculture under the Animal Welfare Act,
7 U.S.C. § 2131
et seq., as it existed on January 1, 2013, for each species of primate.
(b)
A person possessing a primate shall comply with the minimum standards of care set forth by the United States Department of Agriculture under the Animal Welfare Act,
7 U.S.C. § 2131
et seq., as it existed on January 1, 2013.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-608 - Penalty

A violation of this subchapter is a Class A misdemeanor.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-609 - Additional local restrictions authorized

This subchapter does not preempt the authority of a city, town, or county.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 19 - ANIMALS (§§ 20-19-101 — 20-19-610) › Subchapter 6 - NONHUMAN PRIMATES (§§ 20-19-601 — 20-19-610) › Section 20-19-610 - Rules

(a)
The Arkansas State Game and Fish Commission may adopt rules to implement this subchapter.
(b)
A rule adopted under this subchapter shall not add to the list of exempt entities or species of primates or impose additional fees or insurance requirements.
Added by Act 2013, No. 1337,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 1 - GENERAL PROVISIONS (§ 20-20-101) › Section 20-20-101 - Date of manufacture stamped on cotton insecticides

(a)
Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured.
(b)
(1)
Any person, firm, or corporation failing or refusing to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than one hundred dollars ($100).
(2)
Each bag or other container that is shipped without first having the date placed thereon shall be a separate offense.
Acts 1959, No. 458, §§ 1, 2; A.S.A. 1947, §§ 77-212, 77-213; Acts 2005, No. 1994, § 117.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-201 - Title

This subchapter shall be cited as the "Arkansas Pesticide Use and Application Act".
Acts 1975, No. 389, § 1; A.S.A. 1947, § 77-251.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-202 - Legislative intent

(a)
The purpose of this subchapter is to regulate in the public interest the distribution, use, and application of pesticides to control pests.
(b)
Pesticides perform a valuable role in protecting humans and the environment, including agricultural production, from insects, rodents, weeds, and other forms of life which may be pests, but it is essential to the public health and welfare that they be used properly to prevent unreasonable adverse effects on humans and the environment.
(c)
It is deemed necessary to provide for regulation of the distribution, use, and application of these pesticides.
Acts 1975, No. 389, § 3; A.S.A. 1947, § 77-253.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-204 - Penalties

(a)
(1)
Any commercial or noncommercial applicator, dealer, or pilot who violates any provision of this subchapter or the rules adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and for the second and any additional offense by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000).
(2)
(A)
Any private applicator who violates any provision of this subchapter or the rules adopted under this subchapter subsequent to having received a written warning from the State Plant Board for a prior violation shall be guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) for each offense.
(B)
An offense committed more than three (3) years after a previous conviction or written warning shall be considered as a first offense.
(b)
No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such an action.
Amended by Act 2019, No. 315,§ 1982, eff. 7/24/2019.
Acts 1975, No. 389, § 19; A.S.A. 1947, § 77-269; Acts 2005, No. 1994, § 118.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-205 - Administration of subchapter by State Plant Board

(a)
This subchapter shall be administered by the State Plant Board.
(b)
The functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or its authorized representatives.
Amended by Act 2019, No. 910,§ 118, eff. 7/1/2019.
Acts 1975, No. 389, §§ 2, 23; A.S.A. 1947, §§ 77-252, 77-273.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-207 - Licenses - Classification - Standards

(a)
(1)
The State Plant Board may classify or subclassify commercial and noncommercial licenses to be issued under this subchapter as may be necessary for the effective administration and enforcement of this subchapter. The classifications may include, but not be limited to:
(A)
Agricultural;
(B)
Right-of-way;
(C)
Forest;
(D)
Aquatic; and
(E)
Regulatory pesticide applicators.
(2)
Separate subclassifications may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides or as to the use of pesticides to control insects, plant diseases, rodents, or weeds.
(3)
Each classification shall be subject to separate testing procedures and requirements.
(b)
(1)
The board in promulgating rules under this subchapter shall prescribe standards for the licensing of applicators of pesticides.
(2)
The standards shall relate to the use and handling of the pesticides or to the use and handling of the pesticide or class of pesticide covered by the individual's license and shall be relative to the hazards involved.
(3)
In determining standards, the board shall consider:
(A)
The characteristics of the pesticide formulation such as the acute dermal and inhalation toxicity and the persistence, mobility, and susceptibility to biological concentration;
(B)
The use experience which may reflect an inherent misuse or an unexpected good safety record which does not always follow laboratory toxicological information;
(C)
The relative hazards of patterns of use such as granular soil applications, ultralow volume or dust aerial applications, or air blast sprayer applications; and
(D)
The extent of the intended use.
(c)
Further, the board is authorized to adopt standards in conformance with and at least equal to those prescribed by the United States Environmental Protection Agency and such additional standards as it deems necessary.
Amended by Act 2019, No. 315,§ 1986, eff. 7/24/2019.
Acts 1975, No. 389, § 6; A.S.A. 1947, § 77-256.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-208 - Licenses - Requirements generally - Exception

(a)
No person shall use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators without that person's first complying with the licensing requirements pursuant to §§
20-20-209
-
20-20-211
, §
20-20-217
, or other restrictions as determined by the State Plant Board as necessary to prevent unreasonable adverse effects on the environment, including injury to the applicator or other person, for that specific pesticide use.
(b)
No person working under the direct supervision of a certified applicator in accordance with §
20-20-203(26)
shall be considered in violation of this section.
Acts 1975, No. 389, § 7; A.S.A. 1947, § 77-257.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-210 - Licenses - Noncommercial applicators

(a)
In General.
(1)
No noncommercial applicator shall use, supervise the use of, or demonstrate the use of a restricted-use pesticide without a noncommercial applicator's license issued by the State Plant Board.
(2)
Application for the license shall be made on forms obtained from the board and shall contain information regarding the applicant's qualifications, the proposed operation, the license classification applied for, and the full name of the individual qualified or to be qualified by passing the examination described in §
20-20-209(b)
.
(3)
If the board finds the applicant qualified to apply pesticides in the classifications applied for and if the applicant has paid testing and license fees required by rule, the board shall issue a noncommercial applicator's license limited to the activities and classifications applied for.
(4)
The license shall expire December 31 of each year unless it has been suspended or revoked prior thereto by the board for cause.
(5)
A license shall be automatically invalidated if a noncommercial applicator is at any time or for any reason left without an individual qualified under this section.
(6)
If the board does not qualify the noncommercial applicator under this section, the board shall inform the applicant in writing of the reasons therefor.
(7)
(A)
Fees may be waived for state, municipal, or other governmental agencies and their designated employees qualifying by examination.
(B)
Noncommercial applicators shall be subject to legal recourse by any person damaged as the result of the application of any pesticide by the applicator.
(C)
The violation of any of the provisions of this subchapter by any noncommercial applicator shall be prima facie evidence of negligence on the part of the person, firm, or corporation committing the violation, and such negligence shall be imputable as provided by existing law.
(b)
License Renewal.
The board may renew the applicant's license under the classifications for which the applicant is licensed, subject to reexamination for any additional knowledge that may be required to ensure a continuing level of competence and ability to use restricted-use pesticides safely and properly due to changing technology.
(c)
Exemption.
This section shall not apply to persons conducting laboratory research involving restricted-use pesticide and doctors of medicine and doctors of veterinary medicine applying restricted-use pesticides as drugs or medication during the course of their normal practice.
Amended by Act 2019, No. 315,§ 1990, eff. 7/24/2019.
Acts 1975, No. 389, § 9; A.S.A. 1947, § 77-259.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-212 - Licenses - Pilots

(a)
It shall be unlawful for any pilot to apply by means of an aircraft any pesticide, seed, or fertilizer in this state unless the pilot shall have a current valid license issued by the State Plant Board.
(b)
The issuance of the license shall be conditioned on his or her filing an application in the form prescribed by the board stating his or her name and address, his or her Federal Aviation Administration commercial or private pilot's certificate number, and his or her meeting any other conditions as may be set by the board in its rules.
(c)
The application shall be accompanied by a fee as set by the board in its rules.
(d)
Each pilot's license issued under this section shall expire on December 31 of each year.
Amended by Act 2019, No. 315,§ 1992, eff. 7/24/2019.
Acts 1975, No. 389, § 12; A.S.A. 1947, § 77-262.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-213 - Licenses - Pesticide dealers

(a)
(1)
It shall be unlawful for any person to act in the capacity of a restricted-use pesticides dealer, to advertise as, assume to act as a dealer of, or distribute any restricted-use pesticide at any time without first having obtained an annual license from the State Plant Board. This license shall limit distribution of restricted-use pesticides only to persons holding a current commercial applicator, noncommercial applicator, private applicator, or dealer's license.
(2)
A license shall be required for each location or outlet located within this state from which such pesticides are distributed. Any manufacturer, registrant, or distributor who has no pesticide dealer outlet licensed within this state and who distributes a restricted-use pesticide directly into this state shall obtain a pesticide dealer license for his or her principal out-of-state location or outlet.
(3)
Pesticide dealer licenses shall expire December 31 of each year.
(b)
Application for a pesticide dealer's license shall be on a form prescribed by the board and be accompanied by a fee as set by the board in its rules.
(c)
(1)
Each licensed dealer outlet shall maintain a record of restricted-use pesticides distributed. The record shall contain the name, address, and license number of the commercial applicator, noncommercial applicator, private applicator, or dealer to whom distributed, the date of distribution, and the name and United States Environmental Protection Agency registration number of the restricted-use pesticide distributed.
(2)
The records shall be kept for a period of two (2) years and shall be available for inspection by the board at reasonable times. Upon request in writing, the board shall immediately be furnished with a copy of the records by the restricted-use pesticide dealer.
(d)
This section shall not apply to a commercial pesticide applicator who sells restricted-use pesticides only as an integral part of this pesticide application service when the pesticides are dispensed only through equipment used for the pesticide application or any federal, state, county, or municipal agency which provides pesticides only for its own programs.
(e)
Each pesticide dealer shall be responsible for the acts of each person employed by him or her in the solicitation and sale of restricted-use pesticides and all claims and recommendations for use of restricted-use pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this subchapter whether committed by the dealer or by the dealer's officer, agent, or employee.
Amended by Act 2019, No. 315,§ 1993, eff. 7/24/2019.
Acts 1975, No. 389, § 13; A.S.A. 1947, § 77-263.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-215 - Commercial and noncommercial applicator - Records

(a)
Commercial and noncommercial applicator licensees shall keep and maintain routine operational records containing information on the kinds, amounts, uses, dates, and places of application of pesticides.
(b)
The records shall be kept for a period of two (2) years from the date of the application of the pesticide and shall be available for inspection by the State Plant Board at reasonable times.
(c)
Upon request in writing, the board shall immediately be furnished with a copy of the records by the commercial or noncommercial applicator.
Acts 1975, No. 389, § 10; A.S.A. 1947, § 77-260.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-216 - Handling of pesticides and containers - Rules

(a)
No person shall transport, store, or dispose of any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or beneficial insects or to pollute any waterway in any way harmful to any wildlife therein.
(b)
The State Plant Board may promulgate rules governing the storage and disposal of pesticides or pesticide containers. In determining these standards, the board shall take into consideration any regulations issued by the United States Environmental Protection Agency.
Amended by Act 2019, No. 315,§ 1994, eff. 7/24/2019.
Acts 1975, No. 389, § 17; A.S.A. 1947, § 77-267.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-217 - Inspection and licensing of equipment

(a)
The State Plant Board may inspect any equipment used or intended to be used for application of pesticides and may require repairs or other changes before its further use for pesticide application.
(b)
Requirements for equipment may be adopted by rule.
(c)
Equipment specified by rule shall be identified by a decal or similar marking furnished by the board. The decal or marking shall be affixed in a location and manner upon the equipment as prescribed by the board.
(d)
Fees for the decal or similar marking shall be prescribed by the board in its rules.
Amended by Act 2019, No. 315,§ 1995, eff. 7/24/2019.
Acts 1975, No. 389, § 8; A.S.A. 1947, § 77-258.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 20 - PESTS AND PESTICIDES (§§ 20-20-101 — 20-20-303) › Subchapter 2 - ARKANSAS PESTICIDE USE AND APPLICATION ACT (§§ 20-20-201 — 20-20-227) › Section 20-20-218 - Reports of accidents or incidents - Claims

(a)
The State Plant Board may by rule require the reporting of significant pesticide accidents or incidents to a designated state agency.
(b)
(1)
Any person claiming damages from a pesticide application shall have filed with the board on a form prescribed by the board a written statement claiming that he or she has been damaged. This report shall have been filed within forty-five (45) days after the date that damages occurred. If a growing crop is alleged to have been damaged, the report shall be filed before the time that twenty-five percent (25%) of the crop has been harvested.
(2)
The statement shall contain, but shall not be limited to, the name of the owner or lessee of the land on which the crop is grown and for which damage is alleged to have occurred and the date on which the alleged damage occurred.
(3)
The board shall prepare a form to be furnished to persons to be used in these cases. The form shall contain any other requirements as the board may deem proper.
(4)
Upon receipt of the statement, the board shall notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility of the damages claimed and furnish copies of the statements as may be requested.
(5)
The board shall inspect damages whenever possible, and when it determines that the complaint has sufficient merit, it shall make this information available to the person claiming damage and to the person who is alleged to have caused the damage.
(c)
The filing of a report or the failure to file a report need not be alleged in any complaint which might be filed in a court of law. The failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action, nor shall the failure to file a report be a violation of this subchapter.
(d)
Where damage is alleged to have occurred, the claimant shall permit the board, the licensee, and his or her representatives, such as his or her insurer, to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that the damage may be examined. Failure of the claimant to permit observation and examination of the damaged lands shall automatically bar the claim against the licensee.
Amended by Act 2019, No. 315,§ 1996, eff. 7/24/2019.
Acts 1975, No. 389, § 14; A.S.A. 1947, § 77-264.