Title 2 — Agriculture
31 chapters · 691 sections in this title.
Ark. Code Ann. § 2-16-417 Publication of information
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The State Plant Board may publish, in such form as it may deem proper, results of analyses based on official samples as compared with the analyses guaranteed and information concerning the distribution of pesticides.
Ark. Code Ann. § 2-16-418 Protection of trade secrets and other information
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(a) In submitting data required by this subchapter, the applicant may:(1) Clearly mark any portions thereof which in his or her opinion are trade secrets or commercial or financial information; and(2) Submit such marked material separately from other material required to be submi…
Ark. Code Ann. § 2-16-419 Disposition of funds
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All moneys received by the State Plant Board under the provisions of this subchapter and the rules adopted hereunder shall be deposited into the State Plant Board Fund of the State Treasury and be used for carrying out the provisions of this subchapter.
Ark. Code Ann. § 2-16-501 Title
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This subchapter shall be known as the “Johnson Grass Control and Eradication Act”.
Ark. Code Ann. § 2-16-502 Applicability
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The provisions of this subchapter shall be applicable to and shall be enforced only in those areas of this state established as Johnson grass control and eradication districts in the manner authorized herein. For the purposes of this subchapter, a district may consist of one (1) …
Ark. Code Ann. § 2-16-503 Penalty
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(a) Any landowner or any person having control of any land in a Johnson grass control and eradication district who fails or refuses to control or eradicate Johnson grass on his or her lands shall be guilty of a violation. (b) (1) Upon conviction, an offender shall be subject to a…
Ark. Code Ann. § 2-16-504 Petition to establish district
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(a) (1) Upon the petition of fifty (50) landowners filed with the county court or courts in which a proposed district lies, the county court or courts shall declare that a threat to the agricultural economy of the proposed district exists by reason of the uncontrolled growth of J…
Ark. Code Ann. § 2-16-505 Establishment of district
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(a) When the question as to whether this subchapter shall be enforced in any district is submitted to the landowners of the district at any special election called for that purpose, the question shall be submitted to the landowners in substantially the following form on the ballo…
Ark. Code Ann. § 2-16-506 Powers and duties of district supervisors
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(a) The district Johnson grass control and eradication supervisor of each district shall have and exercise the following powers and duties, among others, regarding the Johnson grass eradication program:(1) To supervise the eradication of Johnson grass;(2) To inspect property in t…
Ark. Code Ann. § 2-16-507 State assistance
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The Director of the State Plant Board is authorized to cooperate with and assist the district Johnson grass control board and the supervisor in the control and eradication of Johnson grass in the district when requested to do so by the board or the supervisor.
Ark. Code Ann. § 2-16-508 Civil remedies
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(a) Notwithstanding the criminal penalty for the violation of this subchapter, the existence or growth of Johnson grass in a Johnson grass control and eradication district is declared to be a public and common nuisance, and it is the duty of the prosecuting attorney in whose dist…
Ark. Code Ann. § 2-16-509 Duties of landowners
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(1) It shall be the duty of the State of Arkansas or any department thereof, any public utility, railroad, levee and drainage district, county, or any municipality, and every other person, firm, corporation, or association owning or having control over any lands in a Johnson gras…
Ark. Code Ann. § 2-16-510 Acceptance of gifts, etc
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The district Johnson grass control board is authorized to accept gifts, grants, and donations for use in carrying out the purpose of controlling and eradicating Johnson grass in the district.
Ark. Code Ann. § 2-16-511 Abolition of district
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(a) Any district established under the provisions of this subchapter may be abolished upon a majority vote of the landowners of the district at a special election called for that purpose. (b) The question of abolishing a district shall be submitted to the landowners of the distri…
Ark. Code Ann. § 2-16-601 Title
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This subchapter shall be known as the “Arkansas Boll Weevil Suppression Eradication Act”.
Ark. Code Ann. § 2-16-602 Declaration of policy — Purpose — Construction
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(a) The General Assembly has found and determined and does hereby declare that the boll weevil is a public nuisance, a pest, and a menace to the cotton industry. Due to the interstate nature of the boll weevil infestation, it is necessary to secure the cooperation of cotton growe…
Ark. Code Ann. § 2-16-603 Definitions
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(1) As used in this subchapter:(1) (A) “Assessment” means the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state.(B) The grower's charge will be calculated on a per-acre basis;(2) “Boll weevil” means…
Ark. Code Ann. § 2-16-604 Criminal penalties
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(a) Any person who shall violate any of the provisions of this subchapter or the rules promulgated hereunder, or who shall alter, forge, or counterfeit, or use without authority any certificate or permit or other document provided for in this subchapter or in the rules promulgate…
Ark. Code Ann. § 2-16-605 Rules
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(a) (1) The State Plant Board may promulgate rules restricting the pasturage of livestock, entry by persons, and location of honeybee colonies, or other activities affecting the boll weevil eradication program in any premises in an eradication zone which have been or are to be tr…
Ark. Code Ann. § 2-16-606 Cooperative programs authorized
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(a) The Department of Agriculture is hereby authorized to carry out programs to suppress or eradicate the boll weevil in this state. (b) The department is authorized to cooperate with any agency of the United States Government, any state, any other agency in this state, or any pe…
Ark. Code Ann. § 2-16-607 Entry of premises — Suppression or eradication activities — Inspections
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(a) The Department of Agriculture, or its authorized representatives, shall have authority to enter cotton fields, cotton processing facilities, and other premises in order to carry out suppression or eradication activities, including, but not limited to, treatment with pesticide…
Ark. Code Ann. § 2-16-608 Reports
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Every person growing cotton in this state shall furnish to the Department of Agriculture, or its designated representative, on forms supplied by the department or its cooperators, such information as the department may require concerning the size and location of all commercial co…
Ark. Code Ann. § 2-16-609 Quarantine
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(a) The State Plant Board is authorized to promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The board shall …
Ark. Code Ann. § 2-16-610 Designation of eradication zones — Prohibition of planting of cotton — Participation in suppression eradication program — Penalties
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(a) The State Plant Board may designate by rule one (1) or more areas of this state as eradication zones where boll weevil eradication programs will be undertaken. (b) (1) The board may promulgate reasonable rules regarding areas where cotton cannot be planted within an eradicati…
Ark. Code Ann. § 2-16-611 Destruction or treatment of volunteer or other cotton in eradication zones — Liability
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(a) The Department of Agriculture shall have authority to destroy, or, at its discretion, cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the d…
Ark. Code Ann. § 2-16-612 Certification of cotton growers' organization — Requirements
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(a) The Department of Agriculture may certify a cotton growers' organization for the purpose of entering into agreements with the State of Arkansas, other states, the United States Government, and such other parties as may be necessary to carry out the purposes of this subchapter…
Ark. Code Ann. § 2-16-613 Certification of cotton growers' organization — Revocation
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(a) (1) Upon determination by the State Plant Board that the organization meets the requirements of § 2-16-612, the board shall certify the organization as the official cotton growers' organization.(2) Such certification shall be for the purposes of this subchapter only and shall…
Ark. Code Ann. § 2-16-614 Referendum — Assessments
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(a) (1) At the request of the certified cotton growers' organization, the State Plant Board may authorize a referendum among cotton growers in a designated region on the question of whether an assessment shall be levied upon cotton growers in that region to offset, in whole or in…
Ark. Code Ann. § 2-16-615 Conduct of referendum
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The arrangements for and management of any referendum held under this subchapter shall be under the direction of the certified organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the nec…
Ark. Code Ann. § 2-16-616 Subsequent referenda
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(a) In the event any referendum conducted under this subchapter fails to receive the required number of affirmative votes, the certified organization may call other referenda, with the consent of the State Plant Board. (b) (1) After the passage of any referendum, the eligible vot…
Ark. Code Ann. § 2-16-617 Failure to pay assessments — Extensions — Exemption
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(a) (1) A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this subchapter shall be subject to a per-acre penalty as established in the State Plant Board's rules in addition to the assessment.(2) A cotton grower who fails to pay all a…
Ark. Code Ann. § 2-16-801 Annual assessment
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(a) As a part of its assessment of activities and accomplishments, each conservation district in this state shall annually assess the thistle problem within the district and report to the Arkansas Natural Resources Commission no later than September 30 each year regarding the ext…
Ark. Code Ann. § 2-16-802 Interagency cooperation
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A coordinated, concerted effort by the various agencies affected by the thistle problem is necessary to realize a proper remedy and therefore it is requested that the State Plant Board, Arkansas Forestry Commission, Arkansas Natural Resources Commission, Division of Agriculture o…
Ark. Code Ann. § 2-16-901 Pest Control Compact
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The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: (a) Article IFindingsThe party states find that:(a) In the absence of the higher degree of cooperation among them possib…
Ark. Code Ann. § 2-16-902 Cooperation with insurance fund
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Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact.
Ark. Code Ann. § 2-16-903 Filing of bylaws and amendments
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Under Article IV (h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Director of the State Plant Board.
Ark. Code Ann. § 2-16-904 Compact administrator
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The Compact administrator for this state shall be the Director of the State Plant Board.
Ark. Code Ann. § 2-16-905 Request or application for assistance
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Within the meaning of Article VI (b) or VIII (a), a request or application for assistance from the Insurance Fund may be made by the Governor or the Director of the State Plant Board, whenever in his or her judgment the conditions qualifying this state for such assistance exist a…
Ark. Code Ann. § 2-16-906 Notices
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In addition to the state Compact administrator, notices under Article VI (d) should be sent to the Assistant Director of the State Plant Board and the person designated as the State Plant Regulatory Official.
Ark. Code Ann. § 2-16-907 Credit for expenditures
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The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified under the Compact shall have credited to his of her account, in the state treasury the amount or amounts of any payments mad…
Ark. Code Ann. § 2-16-908 Definition
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As used in this Compact, with reference to this state, the term “executive head” shall mean the Governor.
Ark. Code Ann. § 2-16-909 Effective date
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This law becomes effective September 1, 2009.