Arkansas Administrative Code

2 CAR § 34-222. Special crops. Those crops, if accepted for certification, for which no standards appear in this part, will be certified on the basis of the minimum standards established by the Association of Official Seed Certifying Agencies.

2 CAR § 34-301. Rule for certification. (a) The general seed certification standards are basic, and together with the following specific standards, shall constitute the rule for the certification of crimson clover. (b) Reseeding types of crimson clover, before being certified, wi…

2 CAR § 34-302. Land requirements. (a) A crop of the same kind must not have been grown or planted on the land for five (5), three (3), and two (2) years prior to stand establishment for producing the foundation, registered, and certified seed classes respectively. (b)(1) The lan…

2 CAR § 34-303. Field standards. (a) Isolation. All fields used for the production of certified seed must have the minimum isolation distance from fields of any other variety, or fields of the same variety that do not meet the varietal purity requirements for certification, as gi…

2 CAR § 34-304. Standards for cleaned seed. STANDARDS FOR EACH CLASS Factor RegisteredCertified Blue Tag Pure Seed (minimum)98%98%98% Other Varieties or Other Crop (maximum)18 per lb.18 per lb.27 per lb. Other Noxious Weeds & Crops (b)NoneNoneNone Objectionable Weeds (a)None18 pe…

2 CAR § 34-401. Cottonseed rule for certification. The general seed certification standards are basic, and together with the following specific standards, shall constitute the rules for the certification of cotton.

2 CAR § 34-402. Licensed cotton breeders. (a) A licensed cotton breeder producing foundation and registered seed shall maintain a complete cotton breeding unit consisting of single stalk selections, inbred lines, or hybrids planted in "plant-to-row, or mass selection plots" and f…

2 CAR § 34-403. Application and classes. (a)(1) Application for the production of foundation, registered, or blue tag-certified seed must cover the entire cotton acreage of the applicant, including the entire acreage of tenants and contract growers. (2) Contract growers for a lic…

2 CAR § 34-404. Field standards. (a)(1) The isolation required for the various classes is shown in the table below: ClassCottons of similar staple length and plant characters:Cottons of widely differentstaple length and plant characters: Foundation15 ft.300 ft. Registered15 ft.30…

2 CAR § 34-405. Ginning and storage. (a)(1)(A) A licensed plant breeder shall show that he or she has complete control of a gin upon which no other cotton shall be ginned for the season except that being grown under his or her own application. (B) If the breeder does not own the …

2 CAR § 34-406. Processing seed. (a)(1) If seed is processed at an applicant's own plant, both the storage at the processing plant and all handling and processing machinery shall be thoroughly cleaned then inspected and approved before the seed is processed. (2)(A) A licensed pla…

2 CAR § 34-407. Seed standards. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Other cropNoneNoneNone Cocklebur (maximum)None1 seed in 4 lbs1 seed in 2 lbs Other Noxious Weeds including sandburNoneNoneNone Total Weed Seed (maximum).0%.01%.02% Inert Matter (…

2 CAR § 34-501. Cowpeas certification rules. The general seed certification standards are basic, and together with the following specific standards, shall constitute the rules for certification of cowpeas.

2 CAR § 34-502. Land requirements. A crop will not be eligible for certification if planted on land where cowpeas, other than a certified crop of the same variety, were grown in the previous two (2) years.

2 CAR § 34-503. Isolation. (a) A field for certification must be isolated from other cowpeas by at least thirty feet (30’). (b) If the adjoining field is of the same variety and is being certified, then no isolation would be required.

2 CAR § 34-504. Field standards. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Other Varieties (definite)None2 plants per acre4 plants per acre Field Bindweed, Balloon vine, Serrated Tussock, ItchgrassNoneNoneNone Note. Only a small amount of Johnson grass…

2 CAR § 34-505. Standards for cleaned seed. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Pure Seed (minimum)98%98%98% Other Varieties (maximum)None1 in 4 lbs.1 in 2 lbs. Inert (maximum)2%2%2% Objectionable Noxious Weeds NoneNoneNone Other Noxious Weedsor …

2 CAR § 34-601. Tall fescue certification rules. The general seed certification standards are basic, and together with the following specific standards, shall constitute the rules for the certification of fescue.

2 CAR § 34-602. Land requirements. (a) The production of foundation seed shall be on land that has not grown or been seeded to the same species during the previous five (5) crop years. (b) The production of the registered or certified classes shall be on land that has not grown o…

2 CAR § 34-603. Field standards. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Other Varieties (definite)None.02%(1 in 5,000).05%(1 in 2,000) Objectionable Noxious Weeds (a)NoneNoneNone Isolation (b)80 rods40 rods20 rods (a) Objectionable noxious weeds sha…

2 CAR § 34-604. Standards for cleaned seed. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Pure Seed (minimum)98%98%98% Other varieties9 per lb.18 per lb.45 per lb. Objectionable Noxious Weeds (a)NoneNoneNone Other Noxious Weeds or Other Crop (maximum)18 pe…

2 CAR § 34-701. Lespedeza certification rules. (a) The general seed certification standards are basic, and together with the following specific standards, shall constitute the regulations for the certification of lespedeza. (b) The Marion variety of Striate lespedeza is allowed t…

2 CAR § 34-702. Land requirements. (a) A crop of the same kind must not have been grown or planted on the land for five (5), three (3), and two (2) years prior to stand establishment for producing the foundation, registered, and certified seed classes respectively. (b)(1) During …

2 CAR § 34-703. Field standards. (a) Isolation. (1) Lespedeza for certification must be isolated from any other field not being certified of the same or another variety, or a certified field of another variety by at least fifteen feet (15’). (2) If the adjoining field has been so…

2 CAR § 34-704. Standards for cleaned seed. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Pure Seed (minimum)98%98%98% Other Varieties or Other Crop (maximum)27 per lb.45 per lb.45 per lb. Objectionable Noxious Weeds NoneNoneNone Other Noxious Weeds (maxim…

2 CAR § 34-801. Okra seed certification rules. The general seed certification standards are basic, and together with the following specific standards, shall constitute the rules for the certification of okra seed.

2 CAR § 34-802. Land requirements. (a) The crop to be certified must not be sown on land which has within the last three (3) years produced a crop of another variety of okra or an uncertified crop of the same variety. (b) It is suggested that land used be as nearly free of nemato…

2 CAR § 34-803. Handling crop prior to field inspection. (a) The grower will be responsible for the roguing of fields on which certification is requested. (b) The following program is suggested: (1) Check the field just before the first blossoms open and remove all volunteer okra…

2 CAR § 34-804. Field standards. (a) Isolation. The field to be certified must be isolated from noncertified okra or certified okra of another variety by at least one-fourth (1/4) mile. (b) Field inspection. (1) Two (2) field inspections will be made. (2) The first, as soon as th…

2 CAR § 34-805. Standards for clean seed. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Pure Seed (minimum)N.S.98.00%98.00% Inert Matter (maximum)N.S.2.00%2.00% Weed Seeds (maximum)0.05%0.05%0.10% Objectionable or Noxious Weed Seeds (maximum)NoneNoneNone T…

2 CAR § 34-901. Peanut certification rules.The general seed certification standards are basic, and together with the following specific standards, shall constitute the rules for certification of peanuts.

2 CAR § 34-902. Land requirements. (a) A crop will not be eligible for certification if planted on land where peanuts, other than a certified crop of the same variety, were grown in the previous two (2) years. (b) A field which includes an area where peanuts were threshed, or whe…

2 CAR § 34-903. Isolation. (a)(1) A field for certification must be isolated from other peanut varieties by at least ten feet (10’). (2) If an adjoining field on the same farm is of the same variety and both fields are being certified, then no isolation would be required. (b) At …

2 CAR § 34-904. Field standards. STANDARDS FOR EACH CLASS FactorFoundationRegisteredCertified Blue Tag Other Varieties*0.02%(1 : 5,000)0.2%(1 : 500)0.5%(1 : 200) Stunt Virus, or Stripe VirusNoneNoneNone *Including other types (i.e., Spanish type contained in Runner type)Note. Ext…

2 CAR § 34-905. Instructions and procedures. (a) Buying points. Any facility handling more than one (1) variety of peanuts, certified seed, and commodity production, must have a documented plan to maintain varietal purity and identity and an individual appointed as the representa…

2 CAR § 35-101. Incorporation by reference of federal produce safety regulations. The Department of Agriculture hereby incorporates by reference Title 21 of the Code of Federal Regulations, Part 112 (most current revision), regarding standards for the growing, harvesting, packing…

2 CAR § 35-102. Definitions. The following words or terms, when used in this part, shall have the following meaning, unless the context clearly indicates otherwise: (1)(A) “Covered farm” means a farm or farm mixed-type facility with an average annual monetary value of produce sol…

2 CAR § 35-103. Farm registration. (a) All covered farms shall register with the Department of Agriculture and provide a: (1) Business name; (2) Mailing address; (3) Physical address; and (4) Telephone number. (b) Registered covered farms shall notify the department of any change…

2 CAR § 35-104. Penalties. Any person who violates a provision of this rule may be subject to one (1) or more of the following: (1) Actions detailed in the Compliance and Enforcement Penalty Matrix; (2) A stop sale order; and (3) Civil penalties under the authority of the Arkansa…

2 CAR § 36-101. Statement of purpose. (a)(1) Produce safety is valuable to Arkansas’s agricultural production and the protection of people from microbial contaminants attained during the growing, harvesting, packing, and holding of produce for human consumption. (2) It is essenti…

2 CAR § 36-102. Definitions. As used in this part: (1) “Base civil penalty” means the midpoint of a civil penalty range; Example: The civil penalty range for a minor violation (first level of enforcement) is one hundred dollars ($100) to five hundred dollars ($500). The base pena…

2 CAR § 36-103. Enforcement actions. (a) Under the preceding Arkansas Codes, the Department of Agriculture has several options for enforcement action. (b) These are: (1)(A) Warning letter. (B)(i) For a Level 1 violation, first level of enforcement violations, the Department of Ag…

2 CAR § 36-104. 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 that an alleged violative incident has occurred (filing of a written form by a complain…

2 CAR § 36-105. 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 Plant Industries Division of the Department of Agriculture. (c) …

2 CAR § 36-106. Internal review. (a) Staff 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 Level 1, Level 2, and/or Level 3 violations; and (3) The corr…

2 CAR § 36-107. Hearings. (a) The informal hearing officer and/or the appropriate committee and/or the full State Plant Board will carefully review the documentation and hear cases of alleged violations. (b) Should it be determined a violation or violations have occurred, the sev…

2 CAR § 36-108. Right of appeal. Any person aggrieved by any action of the full 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 full board be set aside.…