Arkansas Administrative Code

20 CAR § 131-104. Groundwater pollution. (a)(1) The pollution of groundwater is prohibited. (2) No sewage, septage, food, garbage, rubbish, drainage from buildings, filth, toxic or deleterious substance, or the effluent from any sewage treatment or disposal device is to be discha…

20 CAR § 131-105. Surface water pollution. (a) The pollution of surface waters is prohibited. (b) All discharges from sewage treatment facilities, factories, industrial sites, processing centers, disposal sites, or other unspecified operations must be in compliance with all state…

20 CAR § 131-106. Treatment and disposal of human waste. (a) Method of disposal. (1)(A) It is not lawful to discharge or dispose of human waste by any means or manner that violates any state or federal law or regulation. (B) All sewage must be deposited in sanitary sewers, sewage…

20 CAR § 131-107. Public toilet facilities — Minimum standards. (a) Public toilet facilities must: (1) Be provided and maintained in accordance with the Arkansas Plumbing Code, 17 CAR pt. 65; and (2) Kept: (A) Clean; (B) Adequately lighted; (C) Properly ventilated; and (D) In goo…

20 CAR § 131-108. Keeping of animals. (a) No person, firm, corporation, or governmental agency is to keep or shelter fowls or animals in a manner that creates or maintains a public health nuisance. (b) All commercial animal and fowl operations must operate according to Arkansas B…

20 CAR § 131-109. Drinking water fountains. (a) Drinking fountains must dispense water at an angle, and the orifice must be protected by a mouth guard. (b) The lower edge of the orifice must be at an elevation not less than three-quarters of an inch (3/4”) above the flood-level r…

20 CAR § 131-110. Vector and rodent control. (a) Mosquito control. No person, firm, corporation, or governmental agency is to allow conditions conducive to the breeding of mosquitoes in areas where mosquito populations may cause a public health nuisance. (b) Fly control. No perso…

20 CAR § 131-111. Sanitary infrastructure with municipal jurisdictions. (a) In the event that water or wastewater infrastructure improvements, hereinafter “infrastructure”, including those within an improvement district, are proposed to be constructed within the adopted territori…

20 CAR § 131-112. Penalty. (a)(1) Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be asse…

20 CAR § 134-101. Purpose. To establish minimum standards for: (1) Labeling of new and used bedding; and (2) The germicidal treatment of used bedding.

20 CAR § 134-102. Definitions. As used in this part: (1) “Bedding” means a mattress, upholstered spring, comforter, pad, cushion, pillow, box springs, foundation, or studio couch made, in whole or part, of new or secondhand fabric, filling materials, or other materials which can …

20 CAR § 134-103. Bedding labels. (a) Label requirement. (1)(A) The minimum size of the label shall not be less than two inches by three inches (2” x 3”), but may be larger as need demands. (B)(i) All printing shall be in the English language, and the color of the print shall be …

20 CAR § 134-104. Bedding materials. (a) The contents and uses and percentage of filling materials used in articles of bedding and in bulk form shall be stated on the label. (b) Percentages shall be computed on the basis of avoirdupois weight of the filling material present and s…

20 CAR § 134-105. Disinfection of secondhand bedding. (a) General requirements. (1)(A) A person shall not sell, offer for sale, or include in a sale any article of second-hand bedding or any article of bedding manufactured in whole, or in part, from second-hand material, unless s…

20 CAR § 134-106. Penalties. (a) The Department of Health may, at its discretion, randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator, or sanitizer for the purpose of determining compliance with the provision…

20 CAR § 134-107. Severability. If any provisions of this part, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this part’s applications, and to this end the provisions hereto are dec…

20 CAR § 134-108. Repeal. All rules and parts of rules in conflict herewith are hereby repealed.

20 CAR § 135-101. Purpose. The State Board of Health finds and declares that a uniform statewide code is needed to regulate all food manufacturing, processing, packing, holding, or transporting operations conducting business in the State of Arkansas to: (1) Provide for uniformity…

20 CAR § 135-102. Salvage exclusion. Establishments engaged exclusively in the salvaging of food products under the provisions of the Arkansas Food Salvage Act, Acts 1963, No. 241, and in accordance with the rules promulgated there unto, are herewith excluded from the provisions …

20 CAR § 135-103. Definitions. For the purpose of this part, the following terms are defined: (1) "Acid food or acidified food" means foods that have an equilibrium pH of four and sixth tenths (4.6) or below; (2) "Act" means the Food, Drug, and Cosmetic Act, Acts 1953, No. 415; (…

20 CAR § 135-104. Personnel. The plant management shall take all reasonable measures and precautions to ensure the following: (1) Disease control. (A) Any person who, by medical examination or supervisory observations, is shown to have, or appears to have, an illness, open lesion…

20 CAR § 135-105. Agriculture exclusions. The following operations are not subject to this part: (1) Establishments engaged solely in the harvesting, storage, or distribution of one (1) or more "raw agricultural commodities," as defined in § 201(r) of the Federal Food, Drug, and …

20 CAR § 135-106. Plants and grounds. (a) Grounds. (1) The grounds about a plant under the control of the operator shall be kept in a condition that will protect against the contamination of food. (2) The methods for adequate maintenance of grounds include, but are not limited to…

20 CAR § 135-107. Sanitary operations. (a) General maintenance. (1) Buildings, fixtures, and other physical facilities of the plant shall be maintained in a sanitary condition and shall be kept in repair sufficient to prevent food from becoming adulterated within the meaning of t…

20 CAR § 135-108. Sanitary facilities and controls. Each plant shall be equipped with adequate sanitary facilities and accommodations including, but not limited to: (1) Water supply. (A) The water supply shall be: (i) Sufficient for the operations intended; and (ii) Derived from …

20 CAR § 135-109. Equipment and utensils. (a) Design, fabrication, installation, and maintenance. (1) All plant equipment and utensils shall be: (A) So designed and of such material and workmanship as to be adequately cleanable; and (B) Properly maintained. (2) The design, constr…

20 CAR § 135-110. Processes and controls. (a)(1) All operations in the receiving, inspecting, transporting, segregating, preparing, manufacturing, packaging, processing, and storing of food shall be conducted in accordance with adequate sanitation principles. (2) Appropriate qual…

20 CAR § 135-111. Warehousing and distribution. Storage and transportation of finished food shall be under conditions that will protect food against physical, chemical, and microbial contamination as well as against deterioration of the food and the container.

20 CAR § 135-112. Natural or unavoidable defects. (a) Natural or unavoidable defects in food for human use that present no health hazard. (b)(1) Some foods, even when produced under current good manufacturing practice, contain natural or unavoidable defects that at low levels are…

20 CAR § 135-113. Permits, inspections, and plan review. (a) Permits. (1) General. (A) No person shall operate a food processing establishment who does not have a valid food establishment permit issued to him or her by the Department of Health in accordance with Acts 1991, No. 37…

20 CAR § 135-114. Special risk situations. (a) Emergency occurrences. (1) The person in charge of a food establishment that is affected by a fire, flood, extended power outage, or a similar significant occurrence that creates a reasonable probability that food in the food establi…

20 CAR § 135-115. Penalties and injunctions. (a) Penalties. Penalties for violations of this part may be imposed as provided in Arkansas Code § 20-7-101. (b) Injunctions. The Department of Health may seek to enjoin violations of this part.

20 CAR § 135-116. Repeal. All rules and parts of rules in conflict herewith are hereby repealed.

20 CAR § 136-101. Purpose. To protect the health of the citizens of Arkansas by establishing criteria for the design, operation, and maintenance of public swimming pools and other related facilities.

20 CAR § 136-102. Definitions. As used in this part: (1)(A) “Alteration/renovation” means replacement of any portion of the recirculation system including pool/spa plumbing or perimeter overflow/skimmer equipment, pumps, filters, or disinfection units, or modification of the phys…

20 CAR § 136-103. Compliance. Any person, firm, corporation, institution, association, club, or governmental agency operating, maintaining, or constructing a swimming pool or related facility included herein shall be responsible for compliance with this part.

20 CAR § 136-104. Plan review and construction. (a) Plans required. (1) Before work is commenced on any new construction, any alteration of any existing pool, spa, or water recreation attraction, complete and detailed plans and specifications shall be submitted in triplicate to t…

20 CAR § 136-105. Water. (a) Water supply. (1) General. The water supply for all pools, bather preparation facilities, water recreation attractions, and drinking water facilities included as adjuncts to the pool shall meet the Department of Health Rules Pertaining to Public Water…

20 CAR § 136-106. Sewage. The sewer system for all pools/spas shall comply with the following: (1) Capacity. The sewer system shall have sufficient capacity to serve the facility, including the: (A) Bathhouse; (B) Locker rooms; (C) Toilets; and (D) Related accommodations; (2) Con…

20 CAR § 136-107. Pool and pool area design/construction details. (a) Location. (1) An outdoor pool location shall be evaluated during the design phase to reduce exposure to excessive pollution by dust, smoke, leaves, or other potential sources of contamination. (2) The pool/spa …

20 CAR § 136-108. Recirculation systems and equipment. (a) General. (1) All pools, spas, or other related facilities shall be equipped with a circulation system consisting of at least: (A) A pump or pumps; (B) A hair and lint strainer or strainers; (C) Piping; (D) A filter or fil…

20 CAR § 136-109. Overflow systems. (a) General. (1) Overflow system required. All pools/spas shall be provided with a surface overflow system which shall: (A) Be an integral part of the circulation system; and (B) Consist of either: (i) Built-in-place gutters; (ii) Prefabricated…

20 CAR § 136-110. Filtration systems and equipment. (a) General. (1) Filter required. (A) All pools/spas shall be equipped with a filtration system for the purpose of clarifying the water. (B) The filtration system shall be an integral part of the circulation system and shall con…

20 CAR § 136-111. Disinfection equipment. (a) General. (1) Every pool/spa shall be equipped with a disinfectant feeder or feeders as required to maintain the microbiological, chemical, and physical characteristics of the pool/spa water within the required limits as listed in Appe…

20 CAR § 136-112. Chemical feeders. (a) General. (1) A chemical feeder must be used in conjunction with a hypochlorinator feeding nonstabilized chlorine or gas chlorinators in order to maintain pH of pool/spa water. (2) It shall be a positive displacement type feeder. (b) Feed ra…

20 CAR § 136-113. Pool/spa heaters. All gas-fired heaters for pools or spas shall meet the requirements of the current Fuel Gas Code, 17 CAR pt. 67.

20 CAR § 136-114. Controlled limited use spas. (a) Controlled limited use spas as defined in 20 CAR § 136-102 shall meet all the applicable requirements of this part with the following variances: (1)(A) A minimum of fifty square feet (50 sq. ft.) of NSF-approved cartridge filter …

20 CAR § 136-115. Testing equipment. (a) All pools/spas shall have a functional and accurate test kit or equipment for measuring free and combined chlorine or bromine concentration, pH, total alkalinity, and cyanuric acid (if stabilizer is used in pool/spa water). (b)(1) Other te…

20 CAR § 136-116. Pool cleaning equipment. Suction cleaner or cleaning equipment. (1) General. Equipment shall be provided to remove sediment, sludge, and other accumulations from all areas of the pool/spa bottom and walls. (2) Minimum requirements. The minimum equipment required…

20 CAR § 136-117. Equipment rooms. (a) Access to equipment. (1) The equipment room shall be evaluated during the plan review process to determine if adequate space is provided for equipment to be serviced. (2) Filters and other equipment shall be easily accessible for service. (3…