Title 20 — Public Health and Welfare
63 chapters · 2,838 sections in this title.
Ark. Code Ann. § 20-59-101 Division of Environmental Health Protection — Regulatory powers and duties
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(a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities now exercised by the various city or county health departments of the State of Arkansas pertaining to production and distribution of Gr…
Ark. Code Ann. § 20-59-102 [Repealed.]
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A.C.A. § 20-59-102Current 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. § 20-59-201 Definitions
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(1) Milk. As used in this subchapter, unless the context otherwise requires:(1) Milk. (A) “Whole milk” means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before or f…
Ark. Code Ann. § 20-59-202 Penalties
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(1) Any person, firm, or corporation shall be guilty of a violation and shall be fined a sum not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300) if that person, firm, or corporation shall:(1) Hinder, obstruct, or in any way interfere with the Sec…
Ark. Code Ann. § 20-59-203 Prosecutions
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All prosecutions brought for violations of the provisions of this subchapter shall be brought in any court having competent jurisdiction, and it shall be the duty of all prosecuting attorneys in whose county any violations may occur to attend and prosecute those cases, and for so…
Ark. Code Ann. § 20-59-204 State Board of Health — Appointment of deputies — Rules and standards
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(a) (1) The State Board of Health is authorized and empowered to appoint such deputies and office assistants as in its judgment may be deemed necessary to fully carry out the provisions of this subchapter.(2) The board is authorized and empowered to fix their compensation and to …
Ark. Code Ann. § 20-59-205 Right of review — Definition
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(a) It shall be the duty of the State Board of Health of the Department of Health, and it is authorized and empowered through its constituted officers and agents as set out in this section, to perform the following acts. However, any aggrieved party shall have the right to apply …
Ark. Code Ann. § 20-59-206 Dairy plant license
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(a) A dairy products plant manufacturing, processing, or packaging any dairy products other than those listed in § 20-59-207 as frozen desserts shall be required to have a dairy plant license. (b) Every person buying or receiving milk, cream, or dairy products for manufacturing, …
Ark. Code Ann. § 20-59-207 Frozen dessert manufacturer's license
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(a) For purposes of licensing, a dairy plant manufacturing or packaging frozen dessert such as ice cream, ice cream mix, ice milk, ice milk mix, frozen malted milk, frozen custard, ice or ice sherbets, and novelties shall be licensed as a frozen dessert manufacturer. (b) Any pers…
Ark. Code Ann. § 20-59-208 Receiving or transfer plant license
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(a) Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported but where packaging, processing, or manufacturing does not occur shall be required to have an annual receiving or transfer plant license for each locat…
Ark. Code Ann. § 20-59-209 Mellorine manufacturer's license
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(a) For a mellorine plant making, processing, manufacturing, freezing, or packaging mellorine or mellorine mix, the method for determining the license fee for a mellorine manufacturer's license shall be based on the gallons of mix or the finished products manufactured or sold the…
Ark. Code Ann. § 20-59-210 Sampler and grader license
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(a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, in or on each milk transport tank truck, a licensed milk sampler and grader. (b) Applications to become a licensed sampler and grader s…
Ark. Code Ann. § 20-59-211 Milk tester license and fee
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(a) Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in his or her employ, a licensed milk tester to make the official analysis, and no other person shall be allowed to make the tests in any creamery, cheese fa…
Ark. Code Ann. § 20-59-212 Plant permits — Cancellation, withdrawal, and suspension
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(a) Permits to operate milk, ice cream, and dairy product plants, as defined in §§ 20-59-206 — 20-59-211, shall be issued for one (1) year and shall be cancelled, withdrawn, or suspended by the State Board of Health for failure to comply with any of the provisions of this subchap…
Ark. Code Ann. § 20-59-213 Dairy products from another state
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(a) It is required that all dairy products as defined by § 20-59-201(2) shipped into this state from another state shall meet the sanitary standards, definitions, and requirements of Arkansas law and the rules promulgated by the State Board of Health. (b) The board is authorized …
Ark. Code Ann. § 20-59-214 Unlawful acts — Insanitary plants
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(1) It shall be unlawful to handle, process, freeze, or manufacture milk and dairy products except in sanitary dairy products plants and under sanitary conditions. Any dairy product plant in which dairy products of any kind are manufactured or any store or salesroom, excepting a …
Ark. Code Ann. § 20-59-215 Unlawful acts — False tests
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It shall be unlawful, in determining the value of milk, cream, or other dairy products by the use of the Babcock test, to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products ac…
Ark. Code Ann. § 20-59-216 Unlawful acts — Improper method of testing
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It shall be unlawful to use other than the Babcock method or such method of testing as may be approved by AOAC International or the American Dairy Science Association when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream t…
Ark. Code Ann. § 20-59-217 Unlawful acts — Improper scales
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It shall be unlawful to use other than torsion balance scales or such scales as may be approved by AOAC International or the American Dairy Science Association when weighing cream for testing, when the tests are to be used as a basis for making payment for the cream.
Ark. Code Ann. § 20-59-218 Unlawful acts — Improper centrifuges
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It shall be improper to use other than standard types of centrifuges approved by AOAC International or the American Dairy Science Association.
Ark. Code Ann. § 20-59-219 Unlawful acts — Improper testing apparatus
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It shall be unlawful to use other than specifications for apparatus and chemicals and directions for testing milk and cream which conform to those adopted by AOAC International or the American Dairy Science Association with such additions as are deemed advisable to make them appl…
Ark. Code Ann. § 20-59-220 Unlawful acts — Unclean instruments
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It shall be unlawful for any person to use any test tube, bottle, pipette, or instrument in connection with the test which is not perfectly clean.
Ark. Code Ann. § 20-59-221 Unlawful acts — Improper temperature for tests
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It shall be unlawful to maintain milk and cream tests at temperatures other than one hundred thirty degrees to one hundred forty degrees Fahrenheit (130°–140°F) for at least five (5) minutes before the reading of the percent of butterfat is made and recorded. In maintaining this …
Ark. Code Ann. § 20-59-222 Unlawful acts — Improper reading of butterfat control
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It shall be unlawful to read the percent of butterfat in cream tests without the correct use of gylmol or similar oils.
Ark. Code Ann. § 20-59-223 Unlawful acts — Handling in insanitary places
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It shall be unlawful to handle milk, cream, butter, frozen desserts, or other dairy products in unclean or insanitary places, or in any insanitary manner, or to keep, store, or prepare for market any cream, milk, or other dairy products in the same enclosure with any hide or fur …
Ark. Code Ann. § 20-59-224 Unlawful acts — Products of diseased animals — Contaminated products
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It shall be unlawful in all cases to sell or offer for sale milk or cream from diseased or unhealthy animals, as certified to be unhealthy or diseased by the State Veterinarian; milk, cream, or any of their derivatives handled by any person suffering from or coming in contact wit…
Ark. Code Ann. § 20-59-225 Unlawful acts — Preservatives
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It shall be unlawful to sell or offer or expose for sale anywhere in this state, milk, cream, or other dairy products containing any preservatives of any kind whatsoever except common salt or sugar for flavoring purposes only or that shall not comply with the standards provided i…
Ark. Code Ann. § 20-59-226 Unlawful acts — Removing label of health officer
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It shall be unlawful to remove or deface any tags or labels which have been attached by the Secretary of the Department of Health or his or her deputies to a receptacle containing cream, milk, or other dairy products.
Ark. Code Ann. § 20-59-227 Unlawful acts — Unpasteurized products
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It shall be unlawful to make and offer for sale butter or frozen desserts unless all dairy products used in their manufacture are pasteurized except in the case of butter made by a dairy farmer who produces a majority of the milk or cream he or she uses.
Ark. Code Ann. § 20-59-228 Unlawful acts — Products below standard
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It shall be unlawful to sell, keep for sale, expose, or offer for sale any milk products or other dairy products which shall not conform at least to the minimum standards provided in this subchapter.
Ark. Code Ann. § 20-59-229 Unlawful acts — Cream graded for buttermaking — Price differential
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It shall be unlawful to purchase or receive cream for buttermaking purposes except on the basis of the following grades: Sweet cream, first grade and second grade. Every person shall buy or receive cream on a grade basis, and each grade shall be kept and shipped so as to arrive w…
Ark. Code Ann. § 20-59-230 Unlawful acts — Mold or sediment test
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It shall be unlawful to purchase raw cream or milk without applying a mold or sediment test, monthly or more often if necessary, to each patron's cream or milk, whether purchased by truck route, cream station, direct shipment, or delivered directly to a dairy products plant.
Ark. Code Ann. § 20-59-231 Unlawful acts — Empty cans inverted
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It shall be unlawful to fail to invert empty cream and milk cans on racks located inside of cream stations.
Ark. Code Ann. § 20-59-232 Unlawful acts — Records of cream buyers — Monthly reports
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It shall be unlawful for all cream buyers to purchase cream without keeping a careful record of all cream bought as first grade and second grade, and they shall render the report regularly to the creamery or factory receiving the cream. Creameries shall report the above informati…
Ark. Code Ann. § 20-59-233 Unlawful acts — Place of testing or grading — Delivery to carrier in unwholesome condition
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It shall be unlawful for all persons collecting milk or cream on routes to do any sampling, testing, or grading en route. All sampling, testing, and grading must be done in a licensed milk or cream station or a dairy manufacturing plant. No pouring from one can to another shall b…
Ark. Code Ann. § 20-59-234 Unlawful acts — Operation without permit
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It shall be unlawful for any person, firm, or corporation to operate a dairy products plant, including milk and cream stations, or freeze or manufacture frozen desserts, or operate a condensery depot within the State of Arkansas without having first secured a permit, except as pr…
Ark. Code Ann. § 20-59-235 Unlawful acts — Labeling of cheese
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(1) It shall be unlawful for any person, firm, or corporation to sell, exhibit, or offer for sale skim milk cheese as defined in § 20-59-201(3)(C) without the following labeling:(1) Skim milk cheese or part-skim milk cheese shall be stamped with dark-colored purple vegetable ink …
Ark. Code Ann. § 20-59-236 Unlawful acts — Removal of label
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It shall be unlawful for any person, firm, or corporation to remove or deface the required labeling on skim milk cheese except as is unavoidable in its final sale.
Ark. Code Ann. § 20-59-237 Unlawful acts — Renovation of butter or cheese
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It shall be unlawful to renovate butter or cheese without pasteurizing all such products at the time of renovation.
Ark. Code Ann. § 20-59-238 Unlawful acts — Labeling of renovated butter
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It shall be unlawful to sell, offer for sale, or store renovated or process butter without labeling the product with the words “RENOVATED BUTTER” on the outside of the carton, wrap, or container in which it is placed for final sale in letters at least as large as any other printi…
Ark. Code Ann. § 20-59-239 Unlawful acts — Labeling ice cream
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It shall be unlawful to sell ice cream or ice milk in factory-filled package form unless it is labeled with the printed name of the manufacturer, the wholesale distributor, or the retailer. No person shall sell or offer or expose for sale ice milk unless contained in a package or…
Ark. Code Ann. § 20-59-240 Unlawful acts — Labeling ice milk
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(a) It shall be unlawful to sell ice milk unless all containers are conspicuously so labeled. (b) Places where ice milk is sold at retail shall display a conspicuous legible sign containing the words “ICE MILK SOLD HERE” in plain block letters not less than six inches (6″) high.
Ark. Code Ann. § 20-59-241 Unlawful acts — Labeling ice cream mix
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It shall be unlawful to sell or transport ice cream mix to another location for manufacture or freezing except in sealed containers that cannot be opened without breaking the seal, and the label shall be securely attached to the container and shall show the name of the manufactur…
Ark. Code Ann. § 20-59-242 Unlawful acts — Bacteria count of frozen dessert
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It shall be unlawful for any dairy products plant to produce, manufacture, freeze, process, sell, expose, or offer for sale any frozen dessert having a bacteria count on three (3) consecutive tests of more than one hundred thousand (100,000) bacteria per gram.
Ark. Code Ann. § 20-59-243 Unlawful acts — Graded milk
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It shall be unlawful to label, sell, or offer for sale any milk as graded milk unless the grade is officially awarded by the Secretary of the Department of Health having jurisdiction in accordance with the provisions of the United States Public Health Service Standard Milk Ordina…
Ark. Code Ann. § 20-59-244 Unlawful acts — Pasteurized milk — Permit
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It shall be unlawful to label, sell, or offer for sale as pasteurized any milk unless it has been pasteurized in accordance with the provisions of the United States Public Health Service Standard Milk Ordinance and Code under a permit issued by the Secretary of the Department of …
Ark. Code Ann. § 20-59-245 Unlawful acts — Name of distributor on container — Sale of misprint bottle caps
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It shall be unlawful to sell or offer for sale any milk or milk product in bottles or other original containers for final consumption unless the bottle or container has a cap or cover with the name of the dairy products plant distributor printed thereon. The use or sale of mispri…
Ark. Code Ann. § 20-59-246 Manufacturing milk permit
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(a) Every dairy which produces milk or cream to be used for manufacturing purposes shall be required to procure from the Secretary of the Department of Health a manufacturing milk permit. (b) Any dairy may obtain a manufacturing milk permit by paying an annual permit fee of twent…
Ark. Code Ann. § 20-59-247 Disposition of funds
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(a) All fees and fines collected under this subchapter are special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund to be used exclusively by the Division of Environmental Health Protection of the Department of Health. (b) Subject to…
Ark. Code Ann. § 20-59-248 Sale of raw milk and raw milk products not prohibited — Definitions
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(a) As used in this section:(1) “Locally produced whole milk products” means whole milk that has been produced on an Arkansas farm;(2) “Raw milk” means goat milk, sheep milk, and whole milk that has not been pasteurized;(3) “Raw milk product” means a consumer product that is the …