Title 20, Public Health and Welfare

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…

(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.

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…

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.

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…

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 …

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…

(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…

(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…

(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 …

Every person, firm, or corporation producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix shall comply with the same rules that govern the production and manufacturing of ice cream and other manufactured milk products, as promulgated by the State …

(a) Any person, firm, or corporation that violates any of the provisions of this subchapter or any of the rules issued in connection therewith or any officer, agent, or employee thereof who directs or knowingly permits such a violation or who aids or assists such a violation shal…

(a) The State Board of Health, through its constituted officers and agents, is authorized and directed to administer and to supervise the enforcement of this subchapter, to prescribe rules to carry out its purpose, to provide for such periodic inspections and investigations as it…

(a) Any person, firm, or corporation that can and does comply with the rules as promulgated by the State Board of Health and upon the payment of the permit fee and the issuance of a permit shall be eligible to produce, manufacture, process, freeze, and package mellorine and mello…

(a) It shall be unlawful for any person, firm, or corporation to operate a plant producing, manufacturing, processing, freezing, or packaging mellorine or mellorine mix without having first secured a permit signed by the Secretary of the Department of Health and bearing the seal …

(a) Mellorine shall be sold in or served from original, sealed, factory-filled containers. (b) The container shall be labeled “MELLORINE”, with the lettering of the word “mellorine” to be at least three-eighths inch (⅜″) in size and in every case shall appear in as large type siz…

(a) Any food product containing any food fat as defined in § 20-59-201(4)(J)(ii) which is made in semblance or in imitation of mellorine as defined and standardized in § 20-59-201 but which does not conform to the definition and standard shall be deemed to be adulterated and misb…

(a) The false and misleading advertising of mellorine is prohibited. (b) An advertisement of mellorine shall be deemed to be false and misleading if in the advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, o…

This subchapter may be cited as the “Arkansas Grade ‘A’ Milk Program Act of 1981”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Distributors of Grade ‘A’ milk and milk products processed by plants outside of Arkansas” means any person who offers for sale or sells to another any Grade “A” milk or milk products in Arkansas;(2) “Divis…

(a) The Division of Environmental Health Protection of the Department of Health shall assume all regulatory duties, powers, and responsibilities pertaining to production and distribution of Grade “A” milk and milk products in this state. (b) The division shall provide Grade “A” m…

(a) In order to make the Grade “A” Milk and Milk Products Inspection and Regulation Program self-supporting, the Accounting Division of the Department of Health shall collect on a monthly basis unless otherwise stated the following Grade “A” milk and milk products inspection fees…

(a) (1) All moneys received by the Department of Health for milk inspection fees as established in this subchapter shall be deposited into the State Treasury, and the Treasurer of State shall, after deducting therefrom one and one-half percent (1½%) of the amount for credit to th…

(a) Vehicles purchased with milk inspection fee funds or assigned to the Grade “A” Milk and Milk Products Inspection and Regulation Program shall be at the disposal of personnel of the program, provided in case of emergency or natural disaster that the motor vehicles may be used …

(1) As used in this subchapter, unless the context otherwise requires:(1) “Cooperative association” means any group in which farmers act together in the market preparation, processing, or marketing of farm products or any association organized under § 2-2-101 et seq., the Coopera…

(a) (1) Pursuant to the provisions of this section, a dairy farmer from whom milk was purchased by a milk processor may require the milk processor to establish an escrow account for the benefit of the dairy farmer for the payment of the purchase price of milk as specified in subd…

(1) A milk processor shall not purchase raw milk from a dairy farmer unless:(1) Payment of the purchase price is made according to the provisions prescribed by any applicable federal milk marketing order;(2) Any additional provisions are agreed upon by both the dairy farmer or hi…

(1) A milk processor who fails to pay for raw milk as provided by this subchapter is liable to the dairy farmer for:(1) The purchase price of the raw milk;(2) Interest on the purchase price at the rate fixed by law for civil judgments commencing from the date possession is transf…

This subchapter does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members.

Any milk processor failing to establish an escrow account upon receipt of notification of a dairy farmer pursuant to the provisions of this subchapter or who fails to continue to make the payments until the dairy farmer has received full payment of the purchase price, upon convic…

(1) As used in this subchapter:(1) “Dairy cooperative” means an association of dairy producers organized for the mutual benefit of the dairy producers;(2) “Dairy plant” means any place, premises, or establishment where milk or milk products are collected, handled, processed, stor…

The Public Health Laboratory of the Department of Health may establish a program to certify laboratories to test milk for the presence of antibiotic drugs and to certify evaluation officers to certify the laboratories in accordance with guidelines established by the United States…

The Department of Health shall have the authority to promulgate such rules as necessary to administer this subchapter.

(a) (1) By June 1 of each year, the Department of Health shall determine the cost of the Milk Laboratory Antibiotic Drug Testing Program, which shall not exceed twenty-two thousand dollars ($22,000) for the first fiscal year and which shall not exceed the actual cost of operating…

(a) All fees and fines collected under this subchapter are hereby declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund. All fees and fines collected under this subchapter are to be spent solely in support of the Milk Lab…

(a) (1) As used in this section, “food service establishment” means any:(A) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roa…

(a) (1) The term “Arkansas bacon” shall not be used to identify any meat product other than the pork shoulder blade Boston roast prepared in the State of Arkansas in accordance with this section.(2) Pork shoulder blade Boston roast prepared outside the State of Arkansas but in th…

This subchapter shall be known and may be cited as the “Arkansas Meat and Meat Products Inspection Act”.

(a) The General Assembly finds that:(1) Meat and meat food products are an important source of the supply of human food in this state;(2) Legislation to assure that the food supplies are wholesome, unadulterated, and otherwise fit for human consumption and properly labeled is in …

(1) As used in this subchapter, unless the context otherwise requires:(1) “Adulterated” means that a livestock carcass, part of a livestock carcass, or meat food product meets one (1) or more of the following criteria:(A) The livestock carcass, part of a livestock carcass, or mea…

(a) (1) The Secretary of the Department of Agriculture shall, by rule and under conditions regarding labeling, sanitary standards, practices, and procedures he or she may prescribe, exempt from specific provisions of this subchapter:(A) A livestock producer with respect to livest…

(a) (1) For a first offense, a person who violates the provisions of this subchapter upon conviction is subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonme…

(a) (1) (A) The Secretary of the Department of Agriculture shall promulgate rules and appoint qualified personnel as necessary to carry out the purposes or provisions of this subchapter.(B) The rules shall be in conformity with the rules and regulations under the Federal Meat Ins…

An official establishment in this state shall not slaughter any livestock or process any livestock carcasses, parts of livestock carcasses, or meat food products for human consumption except in compliance with the requirements of this subchapter.

(a) (1) Applications for inspection or licensure exemption shall be made on forms provided by the Secretary of the Department of Agriculture.(2) An application fee shall be submitted with the application. (1) Applications for inspection or licensure exemption shall be made on for…

(a) Each official establishment at which livestock are slaughtered or livestock carcasses, parts of livestock carcasses, or meat food products are processed for intrastate commerce shall have the premises, facilities, and equipment inspected and shall be operated in accordance wi…