Arkansas Administrative Code

2 CAR § 24-204. Fry production — Golden shiners and goldfish. (a) No uncertified broodstock can be used, an existing requirement of the certification program. (b) Broodstock must be inspected for Gambusia. (c) Broodstock cannot be used if Gambusia are present. (d) Gambusia-free b…

2 CAR § 24-205. Biosecurity. If seines, nets, fish haulers, and other equipment are to be moved to baitfish production ponds from areas known or suspected to harbor Gambusia, the equipment must first be dried or treated with a suitable piscicide.

2 CAR § 25-101. Definitions and terms. (a) As used in this part: (1) "Act" means the Arkansas Feed Law of 1997, Acts 1997, No. 726; (2) "Board" means the State Plant Board; (3) "AAFCO" means the Association of American Feed Control Officials, Inc., a nonprofit association of stat…

2 CAR § 25-102. Label format. (a) Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this rule on the principal display panel of the product and in the following format: (1) Product name and brand name, if any, as stipulated in …

2 CAR § 25-103. Label information. (a) Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this rule. (b) Product name and brand name if any. (1)(A) The brand or product name must be appropriate for the intended use of the feed a…

2 CAR § 25-104. Expression of guarantees. (a) The guarantees for crude protein, equivalent crude protein from nonprotein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and acid detergent fiber shall be in terms of percentage. (b) Mineral guarantees. (1) …

2 CAR § 25-105. Suitability. (a)(1) The nutritional content of commercial feed shall be as purported or is represented to possess by its labeling. (2) Such animal feed, its labeling, and intended use must be suitable for the intended purpose of the product. (b) Commercial feeds f…

2 CAR § 25-106. Ingredients. (a) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be: (1) The name as defined in the Official Definitions of Feed Ingredients as published in the Official Publication of the AAFCO; (2…

2 CAR § 25-107. Directions for use and precautionary statements. (a) Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives, or nonnutritive additives) sha…

2 CAR § 25-108. Nonprotein nitrogen. (a)(1) Urea and other nonprotein nitrogen products defined in the Official Publication of the AAFCO are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. (2)(A) If the commercial feed…

2 CAR § 25-109. Drug and feed additives. (a) In order to distribute a commercial feed which contains additives (including drugs, other special purpose additives, or nonnutritive additives) the distributor may be required to submit evidence to prove the safety and efficacy of the …

2 CAR § 25-110. Adulteration. (a) For the purpose of Section 7 of Acts 1997, No. 726, the terms "poisonous or deleterious substances" include but are not limited to the following: (1) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of dome…

2 CAR § 25-111. Good manufacturing practices. For the purposes of enforcement of Section 7 of Acts 1997, No. 726, the State Plant Board adopts the following as current good manufacturing practices: (1) The rules prescribing current good manufacturing practices for Type B and Type…

2 CAR § 26-101. Records and reports. (a) Adequate records shall be kept to indicate accurately the tonnage of commercial fertilizers distributed in this state by each: (1) Manufacturer; (2) Manipulator; or (3) Registrant. (b)(1) Monthly fertilizer tonnage reports are required of …

2 CAR § 26-102. Brand registration and facility license fees. (a) Registrations. (1) Each fertilizer shall be registered before being offered for sale, sold, or distributed in Arkansas. (2) The application for registration shall be: (A) Submitted in duplicate to the State Plant B…

2 CAR § 26-103. Penalties for plant food storage. (a)(1) Penalties shall be assessed according to Penalty A or Penalty B as herein stated. (2) Provided, when a fertilizer is subject to a penalty under both Penalty A and Penalty B, only the larger penalty shall be assessed. (b) Pe…

2 CAR § 26-104. Penalty for short weight. (a) When any fertilizer shipment is found to be short in net weight to the extent of one percent (1%) and not exceeding five percent (5%) of the guarantee, the manufacturer or his agent shall be liable for the value of the actual shortage…

2 CAR § 26-105. Penalty for other variances. Deficiencies in any other constituents not listed in 2 CAR §§ 26-103 and 26-104, which the registrant is required to or may guarantee, or excesses of those which are known to be harmful to plants, may be evaluated and penalties prescri…

2 CAR § 26-106. Stop-sale orders. (a) The State Plant Board may issue and enforce a stop-sale order: (1) On any fertilizer found subject to a penalty under this part; or (2) When said fertilizer is consistently found deficient from the guaranteed claims to any appreciable extent.…

2 CAR § 26-107. Labeling of bulk, liquid, or dry fertilizers. (a) An invoice shall accompany each bulk fertilizer shipment and be given to the purchaser at the time of delivery. (b) The invoice shall bear the following information: (1) Net weight; (2) Brand name and grade; (3) Gu…

2 CAR § 26-108. Secondary and minor plant nutrients. (a) When any reference or claim is made on the label for secondary and minor plant nutrients, a specific percent (%) guarantee as the element shall be given in the guaranteed analysis. (b) The elements and the minimum amount of…

2 CAR § 27-101. Applicability. In an effort to properly and efficiently perform the duties required by Acts 1985, No. 774, the following rules are hereby established by the State Plant Board and will apply to any person, business, or corporation who digs, harvests, sells, or expo…

2 CAR § 27-102. Ginseng dealers — Requirements. (a) Any person, business, or corporation who buys wild or artificially propagated American ginseng for sale across state lines shall: (1) Be termed a dealer by intent of Acts 1985, No. 774; and (2) Obtain a ginseng dealer license an…

2 CAR § 27-103. Ginseng harvesting, purchase, and possession. (a) All trespass laws of the state shall be obeyed when digging wild American ginseng. (b) The collecting season for wild and artificially propagated American ginseng shall be from September 1 to December 1 each calend…

2 CAR § 27-104. Fees. (a) Acts 1985, No. 774, Section 4, states that "the annual license fee for a ginseng dealer shall be fifty dollars ($50.00), which shall accompany the application for a license." (b) Acts 1985, No. 774, Section 4, requires an annual fee of twenty-five dollar…

2 CAR § 28-101. General purpose and intent. (a) The Arkansas Grain Dealers Act, Arkansas Code § 2-24-101 et seq., is established to regulate grain dealers in the State of Arkansas that are not: (1) Licensed under: (A) The Arkansas Public Grain Warehouse Law, Arkansas Code § 2-17-…

2 CAR § 28-102. Organization and designation of duties. (a) The Arkansas Grain Dealers Act, Arkansas Code § 2-24-101 et seq., will be administered by the State Plant Board. (b) The Director of the State Plant Board, or appointed representative, is hereby designated as having the …

2 CAR § 28-103. Licensing and bonding. (a)(1) Application Form GD-1 or GD-2 is to be used in securing a license under the Arkansas Grain Dealers Act, Arkansas Code § 2-24-101 et seq., whether for a new license or the renewal of a license. (2) This form will be supplied, upon requ…

2 CAR § 28-104. Fees. (a) As required by law, the application fee for a newly established business, a business with less than one (1) fiscal year of operation, is one hundred fifty dollars ($150). (b) The fee for an established business, a business with more than one (1) fiscal y…

2 CAR § 28-105. Penalties and violations. (a)(1) Violations. (A) Operating without a license, refusing to provide records during an audit, or knowingly violating the Arkansas Grain Dealers Act, § 2-24-101 et seq., is a Class D felony. (B) A person who negligently violates this la…

2 CAR § 28-106. Suspension of licenses. (a)(1) A grain dealer's license may be temporarily suspended without a hearing if the Director of the State Plant Board determines that public health, safety, or welfare is at risk. (2) Upon the temporary suspension the director shall, by c…

2 CAR § 28-107. Slow-pay hotline. (a) The slow-pay hotline number will be on every license that the State Plant Board issues to grain dealers. (b) Also, grain dealers must have the slow-pay hotline number on all purchase agreements. (c) The hotline number will be published and pr…

2 CAR § 28-108. Record keeping. (a) Recordkeeping and retention requirements. (1) Grain dealers will provide all records required by the Director of the State Plant Board upon request and are required to keep said records for a period of not less than five (5) fiscal years of the…

2 CAR § 28-109. Financial requirements. (a) All grain dealers purchasing less than one hundred million dollars ($100,000,000) worth of grain are required to maintain a minimum net worth of twenty-five thousand dollars ($25,000). (b) A grain dealer who purchases more than one hund…

2 CAR § 28-110. Out-of-state grain dealers. (a) If the grain dealer does not maintain an office in this state and does not have a statutory agent in this state, the application shall include a written appointment of a statutory agent upon whom process, notice, or demand may be se…

2 CAR § 28-111. Business hours. All grain dealers are required to be available for business transactions on days the commodity market is open and in a time frame that would allow sellers to utilize market pricing to facilitate transactions.

2 CAR § 28-112. Receivership. (a) Following the suspension of a dealer's license, the State Plant Board may file a verified petition in a court of competent jurisdiction requesting the appointment of a receiver to take custody of the assets of the dealer and provide for the dispo…

2 CAR § 29-101. General purpose and intent. (a) The Arkansas Public Grain Warehouse Law, Acts 1979, No. 83, charges the State Plant Board with the responsibility of licensing, auditing, and bonding those grain warehouses storing grain for a consideration belonging to others and w…

2 CAR § 29-102. Organization and designation of duties. (a) The Arkansas Public Grain Warehouse Program will be administered as a section within the Division of Marketing of the State Plant Board. (b)(1) The Director of the Division of Marketing and the Head of the Grain Warehous…

2 CAR § 29-105. Warehouse receipts. (a)(1) All warehouse receipts whether negotiable or nonnegotiable issued by a state-licensed public grain warehouse shall be purchased from the Public Grain Warehouse Section of the State Plant Board. (2)(A) When issued the distribution of the …

2 CAR § 29-106. Stored grain — Definitions. As used in this part: (1) “Stored grain” means any grain received into a public grain warehouse which has not been purchased or on which the term for a bona fide sale has not been fixed; (2) “Nonstored grain” means grain received into a…

2 CAR § 29-107. Grain contracts. (a)(1) It shall be the responsibility of those public grain warehouses dealing in deferred pricing or deferred payment contracts to draw up an agreement in writing which shall contain a statement informing the seller that the seller is relinquishi…

2 CAR § 29-108. Officially approved scale ticket transactions. (a)(1) Each public grain warehouseman shall issue to all persons delivering grain to a public grain warehouse a prenumbered, officially approved scale ticket which shall be issued in numerical order. (2) All officiall…

2 CAR § 29-109. Daily position record. (a) Each warehouseman shall maintain a daily position record which will indicate all grain transaction on a daily basis. (b) This form shall be approved by the Public Grain Warehouse Commissioner or his or her designated representative.…

2 CAR § 30-101. Temporary accreditation for active duty military, returning military veterans, and spouses. The State Plant Board will issue a temporary permit, license, or certificate for any of the board programs to an individual applying for Arkansas accreditation who: (1) Hol…

2 CAR § 30-102. Expedited licensure, certification, and permitting. The State Plant Board shall expedite the licensure, certification, or permitting process for the following individuals: (1) An active duty military service member stationed in Arkansas; (2) A returning military v…

2 CAR § 30-103. Consideration of military training and experience in lieu of experience or education. When considering an application for full licensure, certification, or permitting, the State Plant Board shall: (1) Consider whether or not the applicant’s military training and e…