Arkansas Administrative Code

2 CAR § 31-102. Licensing. (a) Who must apply. (1) Growers and processors/handlers. (A)(i) A license to grow shall allow the license holder to: (a) Obtain seed pursuant to this part for planting; (b) Possess seed for planting; (c) Cultivate the crop; (d) Harvest plant parts; (e) …

2 CAR § 31-103. Land use restrictions for licensed growers or licensed processors/handlers. (a) A licensed grower or processor/handler shall not grow, process, or store industrial hemp in any structure that is used for residential purposes. (b) A licensed grower or processor/hand…

2 CAR § 31-104. Administrative appeal from denial of application. (a) An applicant wishing to appeal the Department of Agriculture's denial or partial denial of an application shall submit a written request for a hearing postmarked within fifteen (15) days of the date of the depa…

2 CAR § 31-105. Approved seed for planting. (a) For licensed growers or licensed processors/handlers. (1) Approved seed or transplants for cultivating industrial hemp in Arkansas shall be from one (1) of the following: (A)(i) Seed or transplants produced from seed or living plant…

2 CAR § 31-106. Seed/propagule acquisition. (a) Seed/propagule acquisition from a source within Arkansas. (1) No Department of Agriculture preapproval shall be required for a transfer of hemp seed or propagules of any variety listed on the department’s published Summary of Variet…

2 CAR § 31-107. Planting reports. (a) Planting reports for outdoor plantings. (1) A licensed grower shall submit to the Department of Agriculture a complete and current Field Planting Report, within ten (10) days after every planting, including replanting, of seeds or propagules …

2 CAR § 31-108. Site access for representatives of the department and law enforcement agencies. (a) The Department of Agriculture shall provide information about approved growing, handling, and storage site locations to representatives of the Division of Arkansas State Police, Dr…

2 CAR § 31-109. Pesticide use. (a) A licensed grower who uses a pesticide on hemp must be certified to apply pesticides pursuant to federal and Arkansas laws and State Plant Board rules. (b) A licensed grower shall not use any pesticide in violation of the product label. (c) A li…

2 CAR § 31-110. Licensed grower's responsibility — Prior to harvest. (a) The Department of Agriculture may collect samples of any industrial hemp (Cannabis sativa L.) material at any time. (b) A licensed grower shall submit a complete and current Harvest/Destruction Report form t…

2 CAR § 31-111. Sampling and analyzing hemp. (a)(1) All plantings of industrial hemp listed in licensed grower applications/agreements or products derived from industrial hemp or cannabis in possession of a licensed processor/handler are subject to sampling for THC levels. (2) Th…

2 CAR § 31-112. Restrictions on sale or transfer. (a) A licensed grower or licensed processor/handler shall not sell or transfer, or permit the sale or transfer, of living plants, viable seeds, leaf material, or floral material to any person in the state who does not hold a licen…

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2 CAR § 31-114. Fees and services. (a) Each application shall be accompanied by a nonrefundable fee of fifty dollars ($50.00). (b) A license is issued for one (1) year for an annual fee of two hundred dollars ($200.00). (c) For a renewal license, the same fee schedule will apply …

2 CAR § 31-115. License suspension and revocation. (a) The Department of Agriculture shall notify a licensed grower or processor in writing that the licensing agreement has been temporarily suspended if a representative of the department receives information supporting an allegat…

2 CAR § 31-116. Grant funds. (a)(1) If grant funds become available, an applicant must apply on forms supplied by the Department of Agriculture. (2) Applications will be evaluated on a competitive basis, if appropriate, by a department-appointed review committee. (b) Records will…

2 CAR § 31-117. Prohibitions summarized. (a) The prohibitions listed below shall not invalidate any provisions of this part through omission or repetition, but shall be a supplement thereto. (b) No person shall: (1) Sell, offer, expose, distribute, or transport industrial hemp se…

2 CAR § 32-101. Purpose. Pursuant to Arkansas Code § 2-19-404, the Soil Amendment Act of 1977, Arkansas Code § 2-19-401 et seq., shall be administered by the State Plant Board.

2 CAR § 32-102. Definitions. For the purpose of this part, the following definitions shall apply: (1) "Active ingredient" means the ingredient or ingredients which are claimed to have beneficial effects on soil or crops growing on soils; (2) "Adulterated" means and shall apply to…

2 CAR § 32-103. Labeling requirements and approval of ingredients. (a) Each container of a soil amendment shall be labeled on the face or display side in a readable and conspicuous form to show the following information: (1) The net weight of the contents; (2) The name of the pro…

2 CAR § 32-104. Registration of products. (a)(1) Each soil amendment product shall be registered with the State Plant Board before it is distributed in this state. (2) Applications for registration shall be submitted to the board on a form prepared for that purpose, showing the i…

2 CAR § 32-105. Inspection fee and sales report. (a)(1) The registrant shall pay to the State Plant Board an inspection fee of thirty-seven and one­half cents ($0.375) per ton on all products registered and sold in this state. (2) Each registrant shall keep adequate records of hi…

2 CAR § 32-106. Stop sales, use, or removal orders. (a) The State Plant Board may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil amendment, and to hold at a designated place when the board finds said soil amend…

2 CAR § 32-107. Prohibited acts. It shall be a violation of the Soil Amendment Act of 1977, Arkansas Code § 2-19-401 et seq., for any person to: (1) Distribute a soil amendment that is not registered with the State Plant Board; (2) Distribute a soil amendment that is not labeled;…

2 CAR § 32-108. Inspection authorized. (a) The authorized agents of the State Plant Board may inspect, sample, analyze, and test soil amendments distributed in this state at any time and place, and to such extent as may be deemed necessary, to determine whether such soil amendmen…

2 CAR § 32-109. Rules. The State Plant Board is authorized to adopt such rules as may be necessary to administer the Soil Amendment Act of 1977, Arkansas Code § 2-19-401 et seq., including methods of sampling, methods of analysis, designation of ingredient forms, and to promulgat…

2 CAR § 32-110. Denial or revocation of registration. (a) The State Plant Board shall refuse to register any product that does not comply with the Soil Amendment Act of 1977, Arkansas Code § 2-19-401 et seq., and the rules promulgated under the Soil Amendment Act of 1977. (b) The…

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2 CAR § 32-112. Deposit of monies. (a) The State Plant Board shall remit all monies received by or for it under the Soil Amendment Act of 1977, Arkansas Code § 2-19-401 et seq., to the Treasurer of State. (b) Upon receipt of any such remittance, the Treasurer of State shall depos…

2 CAR § 32-113. Severability. The provisions of this part are severable, and if any part or provision hereof shall be held void, the decision of the court so holding shall not affect or impair any of the remaining provisions of this part.

2 CAR § 32-114. Declaration of emergency. (a) It is hereby found and determined by the General Assembly that the introduction of certain substances into the soil of this state endangers the soil of Arkansas and poses a severe threat to the health, safety, and welfare of the peopl…

2 CAR § 32-201. Statement of purpose. (a)(1) Soil amendments are valuable to Arkansas's agriculture production once scientific research has proven them to be of benefit by approved scientific research. (2) Any product proven to increase production is vital to Arkansas farmers. (b…

2 CAR § 32-202. Definitions. As used in this subpart: (1) “Base civil penalty” means the midpoint of a civil penalty range; Example: The civil penalty range for failure to report tonnage reports is two hundred dollars ($200) to four hundred dollars ($400). The base penalty is thr…

2 CAR § 32-203. Enforcement actions. (a) Under the Arkansas Code, the State Plant Board has several options for enforcement action. (b) These are: (1)(A) Warning letter. (B) For minor, first level of enforcement violations, the board may issue a warning letter. (C) The letter wil…

2 CAR § 32-204. Incident investigation. (a) An incident investigation will be initiated when: (1) Routine compliance monitoring indicates a violation has occurred; or (2)(A) A formal complaint is made that an alleged violative incident has occurred (filing of a written form by a …

2 CAR § 32-205. Activation of enforcement response policy. (a) An apparent violation of law and/or rule must be documented to initiate an enforcement action. (b) Documentation must conform to the requirements of the Feed and Fertilizer Division. (c) The sequence of events within …

2 CAR § 32-206. Internal review. (a) The Case Development Review Panel will carefully review all documentation and records to determine: (1) That apparent violation or violations have occurred; (2) Whether the apparent violation or violations are minor and/or major violations; an…

2 CAR § 32-207. Hearings. (a)(1) The informal hearing panel and/or the appropriate committee and the full State Plant Board will carefully review the documentation and hear cases of alleged violations. (2) Should a violation be determined in this sequence, the following factors w…

2 CAR § 32-208. Right of appeal. Any person aggrieved by any action of the State Plant Board may obtain a review thereof by filing in circuit court, within thirty (30) days of notice of the action, a written petition praying that the action of the board be set aside.

2 CAR § 33-101. Definitions. When used in this part: (1) “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means relating to seed within the scope of this part; (2) “Agricultural seed" includes: (A) The seeds of grass, …

2 CAR § 33-102. Licensing — Reporting — Labeling. (a) Licensing. (1)(A)(i)(a) Any person who sells, offers for sale, or distributes agricultural* seed for planting purposes within the state, or who sells or distributes agricultural seed into the state for planting purposes, shall…

2 CAR § 33-103. Exceptions. (a) There shall be no exceptions for chemically treated seed. (b) This part shall not apply: (1)(A) To untreated seed distributed, sold, or transported for food or feed purposes, and not distributed, sold or recommended for planting purposes, except th…

2 CAR § 33-104. Sampling and analyzing seed. (a) Sampling seed in bags. (1)(A) To obtain a composite sample of a lot of seed: (i) For lots of six (6) bags or less, each bag shall be sampled; (ii)(a) For lots of more than six (6) bags, sample five (5) bags plus at least ten percen…

2 CAR § 33-105. Fees and services. (a) Explanation of services. (1) Regulatory samples. (A) Samples which are drawn by the State Plant Board in accordance with procedures as outlined in this part. (B) Samples are taken from seed that has already been labeled and is in the trade c…

2 CAR § 33-106. Prohibitions summarized. (a) The prohibitions listed below shall not invalidate any provisions of this part through omission or repetition, but shall be a supplement thereto. (b) No person shall: (1) Sell, offer, expose, distribute, or transport agricultural seed …

2 CAR § 34-1001. Rapeseed certification rules. (a) The general seed certification standards are basic and together with the following standards shall constitute the rules for the certification of rape. (b) All certified rape being grown in Arkansas must be treated with benomyl or…

2 CAR § 34-1002. Land requirements. (a) Foundation and registered seed of rape must be planted on land which did not produce rape during the previous four (4) years. (b) Certified (blue tag) seed of rape must be planted on land which did not produce rape during the previous three…

2 CAR § 34-1003. Isolation. (a) A field producing any class of certified seed must have the minimum isolation distance from fields of any other variety of the same kind or from noncertified crop of the same variety as follows: (1) Producing foundation or registered rape seed: (A)…