Title 2 — Agriculture
31 chapters · 691 sections in this title.
Ark. Code Ann. § 2-38-101 Impounding livestock — Definition
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(a) As used in this chapter, “livestock” means cattle, bison, horses, sheep, goats, asses, mules, and swine. (b) Every resident in any county in this state, on finding any livestock running at large, the owner of which is not known, may impound the livestock by taking it into his…
Ark. Code Ann. § 2-38-102 [Repealed.]
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A.C.A. § 2-38-102Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 2-38-103 Site of impounding
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A person shall not impound any stray livestock, except on his or her own farm or in his or her immediate vicinity.
Ark. Code Ann. § 2-38-104 Duty and rights of impounder
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(a) (1) Every person impounding any stray livestock shall immediately notify the Department of Agriculture in writing through procedure established by the department.(2) If it is found that the owner of the livestock may be determined by any mark, tag, or brand upon the livestock…
Ark. Code Ann. § 2-38-105 Confirmation of notification
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Upon providing notice to the Department of Agriculture as prescribed in § 2-38-104, the department shall provide to the impounder confirmation of the notification having been made, setting out in the confirmation the description of the livestock and the marks and brands, or eithe…
Ark. Code Ann. § 2-38-106 Livestock description notification
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(a) Upon failure to find any record of the mark, tag, or brand of the impounded livestock or when the person in whose name the mark or brand is found recorded proves not to be the owner of the livestock, the impounder of the livestock shall give notice of the impounding of the li…
Ark. Code Ann. § 2-38-110 Records
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It is the duty of the Department of Agriculture to maintain a publicly accessible record of all livestock currently in the custody of impounders within the state that shall include full details and at least one (1) photo provided by the impounder.
Ark. Code Ann. § 2-38-115 Reclamation by owner
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(a) Within three (3) months from the time of notification required by law, if the owner of any stray livestock shall appear and claim it, he or she shall notify the impounder; and the owner shall establish his or her claim to the livestock before a court of competent jurisdiction…
Ark. Code Ann. § 2-38-116 Refusal to deliver
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If any person who has impounded any livestock shall refuse to release it to the owner on his or her having complied with the requirements of this subchapter, as respects proving ownership of the livestock, the owner shall have a right of civil action. If the owner recovers in an …
Ark. Code Ann. § 2-38-117 Compensation for keeping strays
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(a) No person shall charge anything for keeping any equine that is worked or ridden while in the possession of the impounder. (b) For the keeping of other livestock, or any equine if not worked or ridden, the person impounding the livestock shall be entitled to a reasonable compe…
Ark. Code Ann. § 2-38-118 No premature disposition of strays
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(a) A person impounding any livestock shall not sell, exchange, or dispose of it in any manner nor kill any domesticated cattle, hogs, or sheep until after the expiration of the time that the owner has the right to prove his or her property in them. (b) Any person violating the p…
Ark. Code Ann. § 2-38-119 Liability for death or escape of livestock
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If any stray livestock die or escape from the possession of the impounder before the owner shall establish his or her right thereto, and if the death or escape is without the fault of the person having the lawful possession thereof, he or she shall not be liable for it.
Ark. Code Ann. § 2-38-120 Forfeiture of right to livestock
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If the owner of any stray livestock does not appear and prove his or her property therein within three (3) months after the public notification required by this subchapter, he or she shall forfeit his or her right to the livestock and the property shall be vested in the impounder…
Ark. Code Ann. § 2-38-301 Running at large unlawful — Damages
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(a) It shall be unlawful for any livestock to run at large. (b) (1) In every case of trespass by livestock, the owner shall be liable to the person injured for all damages, to which shall be added all costs of impounding, feeding, and caring for the animal.(2) The person damaged …
Ark. Code Ann. § 2-38-302 Penalty for failing to retrieve trespassing livestock
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(a) (1) Any owner of livestock upon receiving notice either verbal or otherwise that the livestock is at large and trespassing upon the land, premises, and crops of another person shall immediately retrieve the livestock and thereafter confine it so that further depredations and …
Ark. Code Ann. § 2-38-303 Notice to owners of hogs and goats
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Within twenty-four (24) hours of receiving actual notice to the owners of hogs and goats running at large, or to their agents, the owners or agents shall retrieve and confine the hogs and goats. If these hogs or goats are not taken up and confined, any person interested in the pr…
Ark. Code Ann. § 2-38-401 Purpose
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It is the purpose of this subchapter to provide for more effective enforcement of the prohibition against livestock being allowed to run at large along or on any public highway in the State of Arkansas in violation of § 5-62-122.
Ark. Code Ann. § 2-38-402 Duty to impound
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It is the duty of the Division of Arkansas State Police and the sheriffs of the respective counties to ensure the restraint and impounding of any livestock found running at large along or on any public highway in the State of Arkansas.
Ark. Code Ann. § 2-38-403 Enclosures
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(a) It is the duty of the county judge of each county to provide an appropriate enclosure within the county for the impounding of cattle, horses, mules, hogs, sheep, or goats found running at large along or on any public highway in this state. (b) If no enclosure may be practical…
Ark. Code Ann. § 2-38-404 Delivery to enclosure
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(a) Any member of the Division of Arkansas State Police or any sheriff or deputy sheriff of any county who discovers or is advised of livestock running at large along or on any public highway shall arrange for the livestock to be taken up and delivered to the enclosure provided b…
Ark. Code Ann. § 2-38-405 Notice of impounding
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When livestock found running at large along or on any public highway is delivered to the enclosure provided by the county judge, the sheriff shall give notice of the impounding of the livestock by submitting a description to the Department of Agriculture for public posting. In ad…
Ark. Code Ann. § 2-38-406 Reclaiming by owner
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(a) The owner of any livestock impounded under the provisions of this subchapter shall be permitted at any time within three (3) months from the date of first publication of notice of the impounding of the livestock to reclaim the livestock upon the payment of all costs incurred …
Ark. Code Ann. § 2-38-407 Sale of unclaimed livestock
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If, at the expiration of three (3) months after notice was first posted, livestock found running at large along or on any public highway has not been claimed by its true owner, then it shall be the duty of the sheriff to sell the livestock at public sale to the highest bidder aft…
Ark. Code Ann. § 2-38-408 Disposition of funds
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(a) (1) The county shall be entitled to ten dollars ($10.00) per day for each livestock found running at large along or on any public highway and impounded.(2) The sum shall be paid by the claimant-owner, as provided in § 2-38-406, or from the proceeds of the sale of the livestoc…
Ark. Code Ann. § 2-38-501 Definition
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(1) As used in this subchapter:(1) (A) “Feral hog” means an animal or hybrid animal of either the family Suidae, including without limitation a wild hog, Russian or European wild boar, and Old World swine, or the family Tayassuidae, including without limitation peccary, javelina,…
Ark. Code Ann. § 2-38-502 Capturing and killing feral hogs
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(a) A person may capture or kill a feral hog only as follows:(1) On private land if the person is the landowner or lessee or has the permission of the landowner or lessee;(2) On public land if:(A) Allowed by the landowning entity; and(B) The person possesses a valid Arkansas hunt…
Ark. Code Ann. § 2-38-503 Animal health requirements
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A feral hog shall be subject to animal health requirements established by the Arkansas Board of Animal Health.
Ark. Code Ann. § 2-38-504 Releasing hogs into the wild
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(a) Except as provided in subsection (j) of this section, a person who releases or attempts to release a live hog upon public or private land upon conviction is guilty of an unclassified misdemeanor and is subject to a fine of not less than one thousand dollars ($1,000) per hog n…
Ark. Code Ann. § 2-38-505 Powers and duties of Arkansas Board of Animal Health
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(1) The Arkansas Board of Animal Health may:(1) Make, modify, and enforce the rules and orders the board deems necessary to effectively carry out this subchapter;(2) Establish and collect reasonable fees to administer and enforce § 2-38-502(a)(3); and(3) (A) Impose administrative…