Title 2, Agriculture

(a) It is unlawful for any person to:(1) Use the term “Arkansas certified” or any similar term concerning the quality of bait or ornamental fish without the proper certification from the Department of Agriculture;(2) Falsely advertise or represent any bait or ornamental fish as b…

In administering this subchapter, the Department of Agriculture shall cooperate to the fullest extent possible with other agencies of the state and the United States Government.

This chapter shall be known and may be cited as the “Arkansas Farm Mediation Act”.

(1) As used in this chapter, unless the context otherwise requires:(1) (A) “Action” means a court action or legal recourse to the courts of the State of Arkansas by a creditor against a farmer for payment of a debt, to enforce or foreclose a security interest, lien, or mortgage, …

(a) There is hereby created within the Department of Agriculture the Arkansas Farm Mediation Office which shall administer the Arkansas Farm Mediation Program to provide mediation and debt management services to farmers and their creditors in the State of Arkansas. (b) (1) The pr…

(a) All materials, data, and information received by the Arkansas Farm Mediation Office are confidential and are not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) No mediator or administrative empl…

The Arkansas Farm Mediation Office shall prepare all forms necessary for the administration of this chapter and shall ensure that forms are disseminated and that the availability of mediation under this chapter is publicized so that creditors and borrowers of agricultural loans r…

(a) (1) A farmer and any creditor of the farmer may voluntarily participate in mediation under the Arkansas Farm Mediation Program if they wish to resolve a dispute between them that involves the creditor's interest in a mortgage, lien, security interest, or judgment affecting th…

(a) In connection with a secured indebtedness of twenty thousand dollars ($20,000) or more, no proceeding against a farmer shall be commenced to foreclose a mortgage on agricultural property, to terminate a contract for deed to purchase agricultural property, to repossess or fore…

(a) Before commencing any proceeding prohibited by this section, § 2-7-302, and §§ 2-7-304 — 2-7-306 without first obtaining a release, a creditor shall serve a notice on the farmer that the farmer may request mandatory mediation of the farm indebtedness.(1) The notice shall be i…

All requests for mediation by a farmer under § 2-7-301 shall be served on the Director of the Arkansas Farm Mediation Program within fourteen (14) days after the mediation notice was served on the farmer by the creditor. Every request for mediation shall be in a form and contain …

(a) Within five (5) days after receiving a request for mediation, the Director of the Arkansas Farm Mediation Program shall inform the farmer and the creditor of any financial analysis or legal or other services available that may assist them in preparing for the mediation meetin…

(1) Sections 2-7-302 — 2-7-305 shall not apply:(1) Where the debt to be collected was listed as a scheduled debt by the farmer in a petition in bankruptcy or for which a proof of claim form has been filed by a creditor under United States Code, Title 11, Chapters 7, 11, 12, or 13…

(a) The initial mediation meeting shall be attended by the farmer and the creditor who served the mediation notice. Other creditors of the farmer may attend all mediation meetings. (b) After the initial meeting any further mediation meetings shall be held by consent of the partie…

(a) (1) A farmer or other party has the right to be represented by an attorney at any mediation meeting or hearing.(2) A waiver of this right before any mediation meeting or hearing is ineffective. (1) A farmer or other party has the right to be represented by an attorney at any …

(1) If an agreement is reached between the farmer and any creditor or creditors, the agreement shall:(1) Be signed by the farmer and any such creditor or creditors;(2) Bind each to the terms of the agreement;(3) Be enforced as a legal contract between the farmer and such creditor…

(a) The Director of the Arkansas Farm Mediation Program shall issue a release upon request to any creditor who has paid any required fees and:(1) Who has attended an initial mediation meeting under § 2-7-301 or § 2-7-307;(2) Who has served a mediation notice on the farmer and the…

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

(1) As used in this chapter:(1) “Catfish industry” means any person or entity involved in rearing, processing, or selling of pond-raised catfish for potential profit, including any person, group, or company involved in a support industry;(2) “Commercial catfish producer” means an…

(a) (1) The Arkansas Catfish Promotion Board is created.(2) The board shall be composed of seven (7) members appointed by the Governor, confirmed by the Senate, who are members of the catfish industry and who are residents of Arkansas.(3) (A) Each member selected shall serve for …

(1) The Arkansas Catfish Promotion Board may:(1) Plan and conduct a program of research, market development, and advertising designed to promote the catfish industry in Arkansas;(2) Use funds derived from the assessments imposed in this chapter for research, extension, market dev…

Disbursement of funds generated by this chapter shall be made only upon motion formally adopted by the Arkansas Catfish Promotion Board and presented to the Treasurer of State and only for the purpose prescribed in this chapter.

(a) The Arkansas Catfish Promotion Board shall maintain a list of commercial producers of catfish who are entitled to vote in referenda, shall prepare ballots for the referenda, and shall prescribe voting procedures. The board shall mail a ballot by registered mail to every comme…

(a) (1) Within a reasonable time after July 30, 1999, the Arkansas Catfish Promotion Board shall cause an election to be held on the question of the levy of an assessment on the sale of catfish feed within the State of Arkansas to commercial catfish producers at a rate determined…

(a) The Arkansas Catfish Promotion Board shall prepare an annual budget, a copy of which shall be maintained at the principal office of the board and shall be open for public inspection during business hours. (b) The board shall be audited annually in accordance with generally ac…

(a) (1) Every person required to pay the assessment provided for in this chapter shall keep a complete and accurate record of all catfish feed handled by him or her.(2) The records shall be in such form and contain other information as the Arkansas Catfish Promotion Board shall p…

(a) So long as the assessment on the sale of catfish feed continues to be levied as provided in this chapter, any catfish producer may request and receive a refund of such assessment, provided he or she makes a written application therefor with the Secretary of the Department of …

(a) (1) Any seller who fails to file a report, collect an assessment, or remit any assessment when due shall pay a penalty not to exceed five percent (5%) of the amount of the assessment that should have been collected or remitted, plus an additional penalty not to exceed one per…

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, the Arkansas Catfish Promotion Fund. (b) The fund shall consist of those special revenues from assessments as specified in this chapter, there to be used …

This subchapter shall be known and may be cited as the “Arkansas Milk Stabilization Act”.

(a) The General Assembly finds that:(1) The dairy industry is an essential agricultural activity of the State of Arkansas;(2) Dairy farms, associated suppliers, marketers, processors, and retailers are an integral component of the state's economy;(3) The ability of a dairy farm, …

(a) (1) The Arkansas Board of Animal Health shall:(A) Have jurisdiction over milk and milk products marketed in the State of Arkansas, including without limitation the base milk price paid to an Arkansas milk producer; and(B) (i) Require that an Arkansas milk producer receive Cla…

This chapter shall be known and may be cited as the “Agritourism Act”.

(a) It is the intent of this chapter to:(1) Promote rural tourism and rural economic development by encouraging owners or operators of farms, ranches, and other rural land or attractions, including historic, cultural, and natural attractions, to invite members of the public to vi…

(1) As used in this chapter:(1) “Agribusiness operation” means an agricultural, horticultural, viticultural, forestry, dairy, livestock, poultry, bee, or any other farm, ranch, plantation, or range business operation;(2) (A) “Agritourism activity” means an interactive or passive …

Except as provided in § 2-11-105, a participant assumes the inherent risk of an agritourism activity by engaging in the agritourism activity.

(1) This chapter shall not prevent or limit the liability of an agritourism activity operator if the agritourism activity operator or an agent of the agritourism activity operator:(1) Commits an act or omission of gross negligence concerning the safety of a participant that proxi…

(a) An agritourism activity operator or participant is not liable for damages arising from the personal injury or death of a participant if:(1) The injury or death results from an inherent risk; and(2) The warning contained in § 2-11-107 is posted. (1) The injury or death results…

(a) At each agritourism activity, the agritourism activity operator shall post and maintain signage in a clearly visible location at or near the main entrance to the agritourism activity and in black letters at least one inch (1″) in height containing the following warning: “WARN…

(a) This section shall be known and may be cited as the “Arkansas Crop and Research Facilities Protection Act”. (b) (1) Any person or entity who willfully and knowingly damages or destroys any field crop product that is grown for personal or commercial purposes or for testing or …

This subchapter shall be known and may be cited as the “Arkansas Rice Certification Act”.

(1) As used in this subchapter:(1) “Characteristics of commercial impact” means characteristics that may adversely affect the marketability of rice in the event of commingling with any other rice and includes, but is not limited to, those characteristics:(A) That cannot be identi…

No person may introduce, sell, plant, produce, harvest, transport, store, process, or otherwise handle rice identified as having characteristics of commercial impact, except in compliance with this subchapter and the rules adopted by the State Plant Board.

(a) The State Plant Board shall:(1) Administer and enforce this subchapter;(2) Promulgate rules to implement the purposes and requirements of this subchapter, including rules that will establish a penalty matrix for violations of this subchapter and the rules promulgated under th…

(a) The State Plant Board may appoint a Scientific Review Committee. (b) The committee shall review and make recommendations to the board concerning all matters contained in this subchapter, including:(1) Identifying rice that has characteristics of commercial impact;(2) Reviewin…

(a) Upon receiving a complaint alleging that a person has violated this subchapter or a rule of the State Plant Board, the board shall provide notice to the person and an opportunity for the person to respond to the complaint. (b) If the board determines that the complaint warran…