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Arkansas Statutes, Title 2

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Arkansas/Statutes

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Title 2, Agriculture

31 chapters · 658 sections in this title.

All chapters in Title 2658 Ch 16, Plant Disease and Pest Control91 Ch 20, Processing, Grading, Labeling, and M…72 Ch 2, Agricultural Cooperative Associations68 Ch 17, Warehousing of Grain58 Ch 40, Control of Contagious Diseases45 Ch 15, General Provisions36 Ch 19, Fertilizers, Liming Materials, and S…34 Ch 38, Livestock Running at Large or Straying28 Ch 32, General Provisions20 Ch 33, Arkansas Board of Animal Health17 Ch 35, Marketing, Sale, and Transportation17 Ch 7, Farm Mediation15 Ch 24, Arkansas Grain Dealers Act14 Ch 37, Arkansas Feed Law of 199714

91 sections·Filtered byTitle 2✕Ch 16✕

Ark. Code Ann. § 2-16-101 Destruction of trees — Compensation
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(a) The owner of any valuable pear trees, cedar trees, or other growing trees of real value which have been or may hereafter be cut down and destroyed without his or her consent by the order and direction of the State Plant Board, or by its officers, employees, agents, or inspect…
Ark. Code Ann. § 2-16-102 Date stamped on cotton insecticides — Penalty
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(a) Every person, firm, or corporation bagging any commercial cotton insecticide or poison shall stamp on each bag or on a tag attached to each bag the date on which the insecticide or poison was manufactured. (b) (1) Any person, firm, or corporation failing or refusing to comply…
Ark. Code Ann. § 2-16-103 Alligator weed agreements
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The State Plant Board is authorized to enter into agreements with the United States Army Corps of Engineers to hold and save the United States free from claims that may occur from control operations jointly carried on by the board and the United States Army Corps of Engineers, or…
Ark. Code Ann. § 2-16-104 Disposition of funds

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(a) All fees, interest, penalties, and costs collected by the State Plant Board as authorized by law shall be deposited into the State Treasury on or before the fifth day of the month next following the month of collection thereof. (b) Upon receipt of the funds, the Treasurer of …

Ark. Code Ann. § 2-16-105 Fire Ant Poison Cost Sharing Program

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(a) (1) There is hereby established a program to be known as the “Fire Ant Poison Cost Sharing Program”.(2) This program shall be administered by the State Plant Board; which shall have the authority to establish the necessary rules and procedures for the administration of the pr…

Ark. Code Ann. § 2-16-106 Recovery of quarantine costs

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The State Plant Board is empowered to recover any identifiable expenses from the owner or other person in possession or control of the property upon which it enforces, maintains, and administers any quarantine that is imposed due to infestations or infections of insect pests, dis…

Ark. Code Ann. § 2-16-107 Rules

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The State Plant Board is hereby authorized to promulgate such rules as are necessary to administer the fees, rates, tolls, or charges for services established by §§ 2-16-407(f), 2-17-213, 2-17-238, 2-19-209(a), and 2-19-307(a) and is directed to prescribe and collect such fees, r…

Ark. Code Ann. § 2-16-108 State Plant Board Operations and Facilities Construction Fund — Definitions

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(a) As used in this section:(1) “Board” means the State Plant Board; and(2) “Fund” means the State Plant Board Operations and Facilities Construction Fund. (1) “Board” means the State Plant Board; and (2) “Fund” means the State Plant Board Operations and Facilities Construction F…

Ark. Code Ann. § 2-16-109 Turf purchased with state moneys — Definition

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(a) As used in this section, “turf” means field-cultivated turf grass sod consisting of grass varieties tested by the National Turfgrass Evaluation Program. (b) Turf shall be certified by the State Plant Board if the turf is:(1) Purchased with state moneys, either directly or ind…

Ark. Code Ann. § 2-16-201 Title

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This subchapter shall be known as the “Arkansas Plant Act of 1917”.

Ark. Code Ann. § 2-16-202 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) “Insect pests and diseases” means insect pests and diseases injurious to plants and plant products of this state including any of the stages of development of such insects and diseases;(2) “Persons” means i…

Ark. Code Ann. § 2-16-203 Penalty

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(a) Any person who shall violate any provision or requirement of this subchapter or the rules made or of any notice given under this subchapter or who shall forge, counterfeit, deface, destroy, or wrongfully use any certificate provided for in this subchapter or in the rules made…

Ark. Code Ann. § 2-16-204 Actions of agents

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In construing and enforcing the provisions of this subchapter, the act, omission, or failure of any official agent or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall, in every ca…

Ark. Code Ann. § 2-16-205 Effect of federal law

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This subchapter shall not be so construed or enforced as to conflict in any way with any act of the United States Congress regulating the movement of plants and plant products in interstate or foreign commerce.

Ark. Code Ann. § 2-16-206 State Plant Board

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(a) There is created and established a State Plant Board, composed of nineteen (19) members, as follows:(1) Two (2) nonvoting members designated by the Vice President for Agriculture of the University of Arkansas or his or her designee;(2) A practical cotton grower, actively or p…

Ark. Code Ann. § 2-16-207 Powers and duties of board

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(a) (1) The State Plant Board shall keep itself informed as to the varieties of insect pests, diseases, and noxious weeds and the origin, locality, nature, and appearance thereof; the manner in which they are disseminated; and the approved methods of treatment and eradication.(2)…

Ark. Code Ann. § 2-16-208 Director of board

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(a) (1) The Director of the State Plant Board shall be appointed by the Governor and shall serve at the pleasure of the Governor.(2) The director shall report to the Secretary of the Department of Agriculture. (1) The Director of the State Plant Board shall be appointed by the Go…

Ark. Code Ann. § 2-16-209 Transportation, etc., of insect pests, etc., generally

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(a) Transportation through or into or transportation, distribution, or sale within the state of any insect pest, plant disease, noxious weed, or any plant, plant product, or other substance, listed in the rules of the State Plant Board as required under § 2-16-207, or of sorghum …

Ark. Code Ann. § 2-16-210 Certificate of inspection required

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(a) It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment, within this state, any plants or plant products listed as required by this subchapter unless the plants and plant products have been officially inspected and a certificat…

Ark. Code Ann. § 2-16-211 Eradication of pests, diseases, or noxious weeds

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(a) Whenever the inspection discloses that any places, plants, plant products, or things and substances used or connected therewith, are infested or infected with any insect pest, disease, or noxious weed, listed, as required by § 2-16-207 in rules made under this subchapter, wri…

Ark. Code Ann. § 2-16-212 Regulation of pests or diseases within state

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(a) Whenever the State Plant Board shall find that there exists in this state or any part thereof any insect, disease, or noxious weed and that its dissemination should be controlled or prevented, the board may give notice thereof, specifying the plants and plant products infeste…

Ark. Code Ann. § 2-16-213 Receiving noncomplying plants, etc

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Any person in this state who receives any plant or plant product sold, given away, carried, shipped, or delivered for carriage or shipment within this state, as to which the requirements of § 2-16-210 have not been complied with, shall immediately inform the State Plant Board or …

Ark. Code Ann. § 2-16-214 Review of rules, etc

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Any person affected by any rules made or notice given, under this subchapter, may have a review thereof by the State Plant Board for the purposes of having the rules or notice modified, suspended, or withdrawn, and, pending the review, the rules or notice shall be suspended.

Ark. Code Ann. § 2-16-215 Scholarships — Degree programs related to agriculture — Post-graduate degree programs related to agriculture or veterinary medicine

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(a) The Department of Agriculture may award scholarships to Arkansas residents who are enrolled in or entering an institution of higher education that offers:(1) An undergraduate degree program at an institution of higher education located in the State of Arkansas that is related…

Ark. Code Ann. § 2-16-301 Title

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This subchapter shall be known as the “Arkansas Emergency Plant Act of 1921”.

Ark. Code Ann. § 2-16-302 Definitions

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For the purposes of this subchapter, unless the context otherwise requires, the terms and definitions set forth in § 2-16-202 are adopted and made a part of this subchapter. In addition, the term “dangerous insect pest and plant diseases” shall be construed to mean such insect pe…

Ark. Code Ann. § 2-16-303 Provisions supplemental

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This subchapter shall not be construed as limiting the authority conferred upon the State Plant Board by the Arkansas Plant Act of 1917, § 2-16-201 et seq., but shall be construed as supplemental thereto.

Ark. Code Ann. § 2-16-304 Penalties — Prosecution

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(a) Any person who shall violate any provision of this subchapter or who shall interfere with any member of the State Plant Board or any inspector or employee while engaged in the performance of his or her duties under this subchapter shall be guilty of a Class A misdemeanor. (b)…

Ark. Code Ann. § 2-16-305 Actions of agents

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In construing and enforcing the provisions of this subchapter, the act, omission, or failure of an official, agent, or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall, in every c…

Ark. Code Ann. § 2-16-306 Enforcement

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(a) (1) The provisions of this subchapter and the rules promulgated hereunder shall be carried out by the Director of the State Plant Board, who shall serve without extra compensation.(2) The director may, with the approval of the State Plant Board, employ such inspectors or othe…

Ark. Code Ann. § 2-16-307 Infested zones — Emergency proclamation

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(a) Upon satisfactory information acquired in any manner or upon information furnished by the State Plant Board, signed by the secretary and at least three (3) members thereof, showing that a dangerous insect pest or plant disease exists in the state or is in dangerous proximity …

Ark. Code Ann. § 2-16-308 Infested zones — Regulation by State Plant Board — Destruction of plants, etc

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(a) It shall be the duty of the State Plant Board, and the board is authorized and directed, when public safety will permit, to make and promulgate rules which shall permit and govern the growing and maintenance in any zones or areas mentioned in § 2-16-307 of any plants, plant p…

Ark. Code Ann. § 2-16-309 Claims committee

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(a) Whenever property shall be damaged, destroyed, or rendered unproductive in carrying out the provisions of this subchapter, the Governor shall appoint a committee on claims for each county affected. (b) The committee shall consist of two (2) representatives of the county affec…

Ark. Code Ann. § 2-16-401 Title

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This subchapter shall be known as the “Arkansas Pesticide Control Act”.

Ark. Code Ann. § 2-16-402 Purpose

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(a) The purpose of this subchapter is to regulate in the public interest the labeling, distribution, storage, transportation, and disposal of pesticides as defined in this subchapter. (b) Pesticides are valuable to our state's agricultural production and to the protection of man …

Ark. Code Ann. § 2-16-403 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) “Active ingredient” means any ingredient which will prevent, destroy, repel, control, or mitigate pests or which will act as a plant regulator, defoliant, desiccant, or spray adjuvant;(2) “Adulterated” shal…

Ark. Code Ann. § 2-16-404 Penalties

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(a) Any person who violates any provision of this subchapter or a rule adopted under this subchapter shall be guilty of a violation and upon conviction shall be punished for the first offense by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars…

Ark. Code Ann. § 2-16-405 Administration

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(a) This subchapter shall be administered by the State Plant Board. (b) The administrative functions vested in the board by this subchapter shall be considered to be delegated to the employees of the Department of Agriculture or the department's authorized representatives on beha…

Ark. Code Ann. § 2-16-406 Powers of State Plant Board

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(a) The State Plant Board is authorized, after due notice and an opportunity for a hearing, to:(1) Declare as a pest any form of plant or animal life, other than man and other than bacteria, viruses, and other microorganisms on or in living man or other living animals, which is i…

Ark. Code Ann. § 2-16-407 Pesticide registration required

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(a) Each pesticide must have been accepted for registration by the State Plant Board, and the registration must be in force at the time it is sold, offered for sale, or distributed in this state. Registration is not required if a pesticide is shipped from one (1) plant or warehou…

Ark. Code Ann. § 2-16-408 Registration of pesticides for local needs

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(a) Provided the State Plant Board is certified by the Administrator of the United States Environmental Protection Agency to register pesticides for those pesticides formulated to meet special local needs, the board shall consider the following for refusal to register, for cancel…

Ark. Code Ann. § 2-16-409 Experimental-use permits

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(a) Provided the State Plant Board is authorized by the Administrator of the United States Environmental Protection Agency to issue experimental-use permits, the board may:(1) Issue an experimental-use permit to any person applying for an experimental-use permit if it determines …

Ark. Code Ann. § 2-16-410 Misbranded pesticides

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(1) A pesticide is misbranded:(1) If its labeling bears any statement, design, or graphic representation relative to the pesticide or to its ingredients which is false or misleading in any particular;(2) If it is an imitation of or is distributed under the name of another pestici…

Ark. Code Ann. § 2-16-411 Unlawful actions — Exceptions

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(a) (1) It is unlawful for any person to distribute in this state any of the following:(A) Any pesticide which has not been registered under:(i) The provisions of this subchapter; or(ii) The provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et …

Ark. Code Ann. § 2-16-412 Enforcement

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(a) (1) The sampling and examination of pesticides or devices shall be made by the State Plant Board for the purpose of determining whether they comply with the requirements of this subchapter.(2) The board is authorized to enter any distributor's premises, including any vehicle …

Ark. Code Ann. § 2-16-413 Issuance of stop-sale, etc., order

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(a) When the State Plant Board has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this subchapter, or of any of the rules prescribed under the authority of this subchapter, it may issue…

Ark. Code Ann. § 2-16-414 Hearing on stop-sale, etc., order

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(a) (1) After service of a stop-sale, use, or removal order is made upon any person, either that person, the registrant, or the State Plant Board may file an action in a court of competent jurisdiction in the county in which a violation of this subchapter or rules adopted hereund…

Ark. Code Ann. § 2-16-415 Subpoenas

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The State Plant Board may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by a registration issued under the provisions of this subchapter.

Ark. Code Ann. § 2-16-416 Intergovernmental cooperation

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(1) The State Plant Board may cooperate, receive grants-in-aid, and enter into cooperative agreements or contracts with any agency of the federal government or this state or its subdivisions or with any agency of another state, in order to:(1) Secure uniformity of rules;(2) Enter…

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.