Title 4 — Business and Commercial Law

A.C.A. § 4-18-110Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) For purposes of this subchapter:(1) “Accurate” means a piece of equipment whose value or performance, including its indications, deliveries, records representations, capacity, or actual value, conforms to the standard within the applicable tolerances and other performance req…

The International System of Units (SI) and the system of weights and measures in customary use in the United States are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight…

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the state primary standards of weights and measures, and shall be…

The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures, published in the National Institute of Standards and Technolog…

The Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions thereof, shall apply …

The Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions thereof, s…

The Uniform Unit Pricing Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions thereof, shall apply to unit pr…

The Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 13…

The Uniform Open Dating Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions thereof, shall apply to open dat…

The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 130, “Uniform Laws and Regulations,” and supplements thereto or revisions thereof, shall appl…

(a) There is hereby created a State Division of Weights and Measures located for administrative purposes within the Arkansas Bureau of Standards administered by the Department of Agriculture. The division is charged with, but not limited to, performing the following functions on …

(a) The State Plant Board shall:(a) Maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology.(b) Enforce the provisions of this subchapter.(c) Issue reasonable rules for the enforcement of this …

(a) When necessary for the enforcement of this subchapter or rules promulgated pursuant thereto, personnel designated by the Department of Agriculture on behalf of the Arkansas Bureau of Standards are:(a) Authorized to enter any commercial premises during normal business hours, e…

Any weights and measures official appointed for a county or city shall have the duties and powers enumerated in this subchapter, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that …

(a) No person shall:(a) sell, offer, or expose for sale a quantity less than the quantity represented, nor(b) take more than the represented quantity when, as buyer, he/she furnishes the weight or measure by means of which the quantity is determined, nor(c) Represent the quantity…

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.

(a) Except as otherwise provided by the State Plant Board, or by firmly established trade custom and practice:(a) commodities in liquid form shall be sold by liquid measure or by weight, and(b) commodities not in liquid form shall be sold by weight, by measure, or by count.The me…

(a) All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the State Plant Board, shall be accompanied by a delivery ticket containing the follo…

(a) Except as otherwise provided in this subchapter or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain…

In addition to the declarations required by § 4-18-319, any package being one (1) of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the…

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package.

(a) No person shall:(1) Use or have in possession for use in commerce any incorrect weight or measure;(2) Sell or offer for sale for use in commerce any incorrect weight or measure;(3) Remove any tag, seal, decal, or mark from any weight or measure without specific written author…

(a) (1) Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in § 4-18-322 may be assessed by the State Plant Board a civil penalty of:(A) Not less than one hundred dollars ($100) no…

Any person who intentionally commits any of the acts enumerated in § 4-18-322 is guilty of a Class A misdemeanor.

The State Plant Board or its designee is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this subchapter.

Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly u…

The adoption of this subchapter or any of its provisions shall not affect any rules promulgated pursuant to the authority of any earlier enabling statute unless inconsistent with this subchapter or modified or revoked by the State Plant Board.

The Arkansas Bureau of Standards may by regulation adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., adopt as a regulation of the bureau specifications, tolerances, and regulations for commercial weighing and measuring devices set out in the Nati…

(a) The Arkansas Bureau of Standards administered through the Department of Agriculture shall collect charges as provided in this section for the testing and certification of testing apparatus and for testing and inspection made under this subchapter. (b) The bureau shall collect…

(a) Any person who packs any fruit or other merchantable commodity with the fraudulent intent of misrepresenting the contents, either as to quality or quantity, shall on conviction be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding one…

(1) The legal weight per bushel of the following shall be:(1) Corn, shelled 56 lbs.(2) Corn in ear, husked 70 lbs.(3) Corn in ear, unhusked 74 lbs.(4) Wheat 60 lbs.(5) Oats 32 lbs.(6) Cottonseed 32 lbs.(7) Cornmeal 48 lbs.(8) Barley 48 lbs.(9) Rye 56 lbs.(10) Potatoes 60 lbs.(11)…

(a) A box nine inches (9″) deep, twelve inches (12″) wide, and twenty inches (20″) long constitutes a lawful bushel measure for apples. (b) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction shall be assessed a civil penalty consist…

A cord shall be defined as containing one hundred twenty-eight cubic feet (128 cu. ft.), and a unit of pulpwood shall be defined as containing one hundred twenty-eight cubic feet (128 cu. ft.), and this shall be the basis for purchase of timber or payment of labor in severing tim…

(a) (1) The Director of the Arkansas Bureau of Standards is 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 Arkansas Bureau of Standards is appointed…

A.C.A. § 4-18-335Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) After certification for use by the National Institute of Standards and Technology, the weights and measures in conformity with federal standards shall be the state standards of weight and measure. (b) The state standards shall:(1) Be kept in a safe and suitable place in the o…

(a) In addition to the state standards provided under § 4-18-336, the state shall supply at least one (1) complete set of copies of the state standards to be kept in the office or laboratory of the Arkansas Bureau of Standards, which shall be known as “office standards”, also “fi…

(a) The Arkansas Bureau of Standards shall issue from time to time reasonable rules for the enforcement of this subchapter. (b) These rules may include:(1) A system of determining the qualifications for registration of and issuing permits to sales and service personnel who for co…

(a) (1) The Director of the Arkansas Bureau of Standards shall:(A) Approve for use and seal or mark with appropriate devices, weights and measures as he or she finds upon inspection and testing to be correct as defined in § 4-18-338; and(B) Reject and mark or tag as “rejected” we…

(1) The Director of the Arkansas Bureau of Standards shall investigate complaints made to him or her concerning violations of this subchapter and upon his or her own initiative shall:(1) Conduct investigations as he or she deems appropriate and advisable to develop information on…

(a) When not otherwise provided by law, the Director of the Arkansas Bureau of Standards shall have the power to inspect and test to ascertain if all weights and measures kept, offered, or exposed for sale are accurate and correct. (b) Within each calendar year, or less frequentl…

(a) (1) The Director of the Arkansas Bureau of Standards shall from time to time weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery to determine whether the packages or amounts of commodities con…

Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numerals expressing the fraction shall be immediately adjacent to, of the same general design …

(a) (1) As used in this section, “pump” means a fuel pump that dispenses products used as motor vehicle fuels, including, but not limited to, gasoline, kerosene, or diesel.(2) As used in this section, “bulk meter” includes, but is not limited to, a pipeline terminal meter, a rack…