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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

72 sections·Filtered byTitle 2✕Ch 20✕

Ark. Code Ann. § 2-20-101 Title
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This subchapter shall be known as the “Agricultural Products Grading Act of 1925”.
Ark. Code Ann. § 2-20-102 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Agricultural products” means horticultural, viticultural, bee, and other agricultural products;(2) “Board” means the State Plant Board;(3) “Director” means the Director of the State Plant Board;(4) “Person…
Ark. Code Ann. § 2-20-103 Penalty
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Any person who shall violate any provision of this subchapter shall be guilty of a Class B misdemeanor.
Ark. Code Ann. § 2-20-104 Official standards for grading
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(a) In order to promote, protect, further, and develop the agricultural interests of this state, the State Plant Board, after investigation and public hearing, is authorized and empowered to fix and promulgate official standards for grading and classifying any or all agricultural…

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Ark. Code Ann. § 2-20-105 Notice of standards

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(a) In promulgating the standards or any alterations or modifications of the standards, the State Plant Board shall specify the date when they shall become effective and shall give public notice, not less than thirty (30) days in advance of the date when the standard for any agri…

Ark. Code Ann. § 2-20-106 Adoption of federal standards

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(a) The State Plant Board is authorized to fix and promulgate as the official standard of this state for any agricultural product or container the standard for the product or container which may have been promulgated or announced therefor under the authority of the United States …

Ark. Code Ann. § 2-20-107 Container standards

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When any standard for a container for an agricultural product becomes effective under this subchapter, then no person shall manufacture for commerce within the jurisdiction of this state or sell, ship, or offer for sale in commerce any container, either filled or unfilled, to whi…

Ark. Code Ann. § 2-20-108 Unlawful sale or disposal

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It shall be unlawful for any person to offer for sale or to sell or otherwise dispose of any agricultural product in this state under any grade name or classification fixed for that agricultural product under the provisions of this subchapter or under any description, name, or de…

Ark. Code Ann. § 2-20-109 Suspension or revocation of licenses

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(a) The Director of the State Plant Board may designate any competent inspector or other employee or agent of the State Plant Board and, upon satisfactory evidence of competency, may license any other person, and charge and collect a reasonable fee for the license, to inspect or …

Ark. Code Ann. § 2-20-110 Inspectors, employees, and agents

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(a) The Director of the State Plant Board may appoint deputy inspectors, employees, and agents to assist in carrying out the provisions of this subchapter. (b) (1) The director may require any employee or agent and any inspector licensed under this subchapter to be covered by a g…

Ark. Code Ann. § 2-20-111 Unlawful actions — Improper influence

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(a) It shall be unlawful for any inspector, employee, or agent employed under the provisions of this subchapter, or any inspector licensed under it, to:(1) Knowingly inspect, grade, or classify improperly any agricultural product;(2) Knowingly give any incorrect certificate of gr…

Ark. Code Ann. § 2-20-112 Administration

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(a) The State Plant Board is authorized and empowered to promulgate rules and notices for carrying out the purposes and provisions of this subchapter. (b) All fees and moneys collected or received by inspectors, employees, or agents of the board under this subchapter and the rule…

Ark. Code Ann. § 2-20-113 Right of inspection

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For the purpose of carrying out the provisions and requirements of this subchapter and the rules and notices made and promulgated under it, the State Plant Board and its inspectors shall have power to enter into or upon any place and to open any bundle, package, or container of a…

Ark. Code Ann. § 2-20-114 Appeal of certification

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(a) (1) Whenever any quantity of any agricultural product shall have been inspected under this subchapter and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality, or condition of the product, any interested person, subject…

Ark. Code Ann. § 2-20-115 Certificate as evidence

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When not superseded by a finding on appeal of the grade, classification, quality, or condition of any agricultural product, a certificate issued under this subchapter and all certificates issued under authority of the United States Congress relating to grade, classification, qual…

Ark. Code Ann. § 2-20-116 Misrepresentations

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If any quantity of any agricultural product shall have been inspected and a certificate issued under this subchapter showing the grade, classification, quality, or condition thereof, no person shall represent the grade, classification, quality, or condition of the product at the …

Ark. Code Ann. § 2-20-117 Rule of agency

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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 also be de…

Ark. Code Ann. § 2-20-201 Public cotton gin defined

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All cotton gins in Arkansas which gin cotton other than that grown on the farm where the gin is located or on a farm owned or controlled by the operator of the gin are declared to be public cotton gins.

Ark. Code Ann. § 2-20-202 Order in ginning

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(a) All public cotton gins in this state as defined in § 2-20-201 are required to gin all cotton brought to the gin for ginning in the order in which it is presented for ginning. (b) Cotton offered for ginning from vehicles shall be ginned as provided and ahead of cotton stored i…

Ark. Code Ann. § 2-20-203 Method of ginning

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(a) All cotton ginned by public gins in this state, as defined in § 2-20-201, shall be ginned in such a manner as to make a good sample and to give a reasonable turnout according to the condition of the cotton and shall be paid for by the person having the cotton ginned at a reas…

Ark. Code Ann. § 2-20-204 Remedies for refusing to gin

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(a) (1) Any person, firm, or corporation operating any public gin in this state as defined in § 2-20-201 who shall fail or refuse to gin cotton as required by §§ 2-20-202 and 2-20-203 shall be guilty of a violation.(2) Upon conviction, an offender shall be fined in any sum not le…

Ark. Code Ann. § 2-20-205 Records of seed cotton

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(a) Every person or corporation owning or operating any cotton gin within this state shall make and keep in a well-bound book a record of all seed cotton purchased at or for the gin, which shall show the:(1) Name and address of the seller;(2) Amount of seed cotton purchased;(3) D…

Ark. Code Ann. § 2-20-206 Failure to keep gin record

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Any person or corporation owning or operating any gin within the State of Arkansas who shall fail to make and keep the record required in § 2-20-205 or who shall refuse or fail to permit its inspection by any of the officers mentioned in § 2-20-205 shall be deemed guilty of a mis…

Ark. Code Ann. § 2-20-207 Record of cotton weighed

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(a) All persons weighing cotton for the public in this state and receiving compensation therefor shall be required to keep a book or record of all cotton weighed by them, giving:(1) The weight and marks of each bale;(2) For whom weighed; and(3) To whom sold where the purchaser is…

Ark. Code Ann. § 2-20-208 Failure to keep weighing record

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Any weigher who shall refuse to keep books or records or who shall, on demand of any person, fail or refuse to exhibit them shall be guilty of a misdemeanor. Upon conviction, an offender shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred doll…

Ark. Code Ann. § 2-20-301 Title

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This subchapter shall be known as the “Arkansas Fruit and Vegetable Labeling Act of 1947”, which is enacted in the exercise of the police powers of this state for the general welfare of the people of this state.

Ark. Code Ann. § 2-20-302 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) “Closed package” means a barrel, box, basket, sack, carrier, or crate, of which all of the contents cannot readily be seen or inspected when the package is prepared for market;(2) “Culls” means products whi…

Ark. Code Ann. § 2-20-303 Applicability

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(a) (1) The provisions of this subchapter are limited to peaches, tomatoes, strawberries, Irish potatoes, and apples which are grown and produced in Arkansas.(2) (A) Standard grades for products covered by this subchapter shall be limited to United States grades and shall conform…

Ark. Code Ann. § 2-20-304 Transactions excepted

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(1) This subchapter shall not apply to products:(1) Sold directly by a producer to consumer;(2) Sold by a producer in consumer packages or in bulk to retail trade exclusively in Arkansas; and(3) In transit from point of origin to a place of processing, further grading, or conditi…

Ark. Code Ann. § 2-20-305 Penalties

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Each person who by himself or herself or through his or her agent or employee violates any provision of this subchapter shall be guilty of a Class C misdemeanor for each offense.

Ark. Code Ann. § 2-20-306 Administration

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The State Plant Board shall administer and enforce the provisions of this subchapter.

Ark. Code Ann. § 2-20-307 Marking of closed containers

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(a) It shall be unlawful for any person to expose or offer for sale or have in his or her possession for sale or sell, transport, deliver, or consign any product covered by this subchapter in a closed package unless the container has been plainly marked or tagged in an indelible …

Ark. Code Ann. § 2-20-308 False representations

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(a) It shall be unlawful for any person to expose or offer for sale or sell, transport, deliver, or consign, or have in his or her possession for sale products covered by this subchapter packed in a closed package in which the label or exposed surface gives a false representation…

Ark. Code Ann. § 2-20-309 Used containers

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It shall be unlawful for any person to expose, or offer for sale or sell, transport, deliver, consign, or have in his or her possession for sale products covered by this subchapter which are packed in used containers unless the used containers are clean, sanitary, and otherwise a…

Ark. Code Ann. § 2-20-310 Right of inspection

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For the purpose of carrying out the provisions and requirements of this subchapter, the State Plant Board and its inspectors shall have power to enter into or upon any place and to open any bundle, package, or container of agricultural products.

Ark. Code Ann. § 2-20-401 Purpose

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The purpose of this subchapter is to promote the growth and development of the soybean industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas.

Ark. Code Ann. § 2-20-402 Definitions

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(1) As used in this subchapter, unless the context otherwise requires:(1) “Board” means the Arkansas Soybean Promotion Board created under this subchapter;(2) “Net market price” means:(A) The sales price or value received by a producer for soybeans after adjustments for any premi…

Ark. Code Ann. § 2-20-403 Penalties

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(a) (1) Any first purchaser or other person required to pay an assessment under this subchapter who fails to pay any assessment when due shall forfeit a penalty of two percent (2%) of the assessment each month beginning the day following the date the assessment was due.(2) The pe…

Ark. Code Ann. § 2-20-404 Arkansas Soybean Promotion Board

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(a) (1) The Arkansas Soybean Promotion Board is created.(2) The board shall be composed of nine (9) producer members appointed by the Governor and confirmed by the Senate.(3) All of the nine (9) members of the board shall:(i) Represent Arkansas soybean farmers at large; and(ii) B…

Ark. Code Ann. § 2-20-405 Arkansas Soybean Promotion Board — Powers

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(a) The Arkansas Soybean Promotion Board shall have power:(1) To conduct plans, projects, or activities that are intended to strengthen the soybean industry's position in the marketplace;(2) To report to the United Soybean Board the manner in which assessments are collected and t…

Ark. Code Ann. § 2-20-406 Assessments on Arkansas-grown soybeans

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(a) (1) Except as otherwise prescribed by regulations approved by the United States Secretary of Agriculture or the Arkansas Soybean Promotion Board, each person purchasing from, and making payment to, a producer for soybeans produced by such producer and marketed for commercial …

Ark. Code Ann. § 2-20-407 Reports — Books and records

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(a) Each person responsible for the collection and remittance of assessments under § 2-20-406(a) shall report to the Arkansas Soybean Promotion Board such information as may be required from time to time by rules approved by the United States Secretary of Agriculture or the board…

Ark. Code Ann. § 2-20-408 Refunds to producers

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(a) So long as the assessment on soybeans is as provided in § 2-20-406(b)(1), any soybean producer may request and receive a refund of such assessment, provided he or she makes a written application therefor with the Arkansas Soybean Promotion Board or its designee, the Secretary…

Ark. Code Ann. § 2-20-409 Promotion program — Use of funds

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(a) The Arkansas Soybean Promotion Board shall administer this subchapter to promote the soybean industry in Arkansas and shall be vested with the authority and discretion to determine administrative or program implementation and administrative or program expenditure allocations.…

Ark. Code Ann. § 2-20-501 Title

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This subchapter shall be known and may be cited as the “Arkansas Rice Research and Promotion Act of 1999”.

Ark. Code Ann. § 2-20-502 Purpose

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The purpose of this subchapter is to promote the growth and development of the rice industry in Arkansas by research, extension, promotion, and market development, thereby promoting the general welfare of the people of Arkansas.

Ark. Code Ann. § 2-20-503 Applicability

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The provisions of this subchapter shall not apply to any person who purchases one thousand (1,000) or fewer bushels of rice in any calendar year.

Ark. Code Ann. § 2-20-504 Penalties

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(a) (1) Any buyer who fails to file a report or pay any assessment within the required time set by the Secretary of the Department of Finance and Administration shall forfeit to the secretary a penalty of five percent (5%) of the assessment determined to be due plus one percent (…

Ark. Code Ann. § 2-20-505 Arkansas Rice Research and Promotion Board

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(a) The Arkansas Rice Research and Promotion Board is created. (b) (1) The board shall be composed of nine (9) rice producer members to be appointed by the Governor and confirmed by the Senate.(2) All of the nine (9) producer members of the board shall be actively and principally…

Ark. Code Ann. § 2-20-507 Assessments on grown rice

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(a) There are imposed and levied:(1) An assessment at the rate of one and thirty-five hundredths cents (1.35¢) per bushel to be paid by the buyer at the first point of sale, whether within or without the state, on rice grown within the state or at the point the rice enters into t…