Title 2 — Agriculture

(1) As used in this subchapter:(1) (A) “Assessment” means the amount charged to each cotton grower to finance, in whole or part, a program to suppress or eradicate the boll weevil in this state.(B) The grower's charge will be calculated on a per-acre basis;(2) “Boll weevil” means…

(a) Any person who shall violate any of the provisions of this subchapter or the rules promulgated hereunder, or who shall alter, forge, or counterfeit, or use without authority any certificate or permit or other document provided for in this subchapter or in the rules promulgate…

(a) (1) The State Plant Board may promulgate rules restricting the pasturage of livestock, entry by persons, and location of honeybee colonies, or other activities affecting the boll weevil eradication program in any premises in an eradication zone which have been or are to be tr…

(a) The Department of Agriculture is hereby authorized to carry out programs to suppress or eradicate the boll weevil in this state. (b) The department is authorized to cooperate with any agency of the United States Government, any state, any other agency in this state, or any pe…

(a) The Department of Agriculture, or its authorized representatives, shall have authority to enter cotton fields, cotton processing facilities, and other premises in order to carry out suppression or eradication activities, including, but not limited to, treatment with pesticide…

Every person growing cotton in this state shall furnish to the Department of Agriculture, or its designated representative, on forms supplied by the department or its cooperators, such information as the department may require concerning the size and location of all commercial co…

(a) The State Plant Board is authorized to promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas. The board shall …

(a) The State Plant Board may designate by rule one (1) or more areas of this state as eradication zones where boll weevil eradication programs will be undertaken. (b) (1) The board may promulgate reasonable rules regarding areas where cotton cannot be planted within an eradicati…

(a) The Department of Agriculture shall have authority to destroy, or, at its discretion, cause to be treated with pesticides, volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in eradication zones when the d…

(a) The Department of Agriculture may certify a cotton growers' organization for the purpose of entering into agreements with the State of Arkansas, other states, the United States Government, and such other parties as may be necessary to carry out the purposes of this subchapter…

(a) (1) Upon determination by the State Plant Board that the organization meets the requirements of § 2-16-612, the board shall certify the organization as the official cotton growers' organization.(2) Such certification shall be for the purposes of this subchapter only and shall…

(a) (1) At the request of the certified cotton growers' organization, the State Plant Board may authorize a referendum among cotton growers in a designated region on the question of whether an assessment shall be levied upon cotton growers in that region to offset, in whole or in…

The arrangements for and management of any referendum held under this subchapter shall be under the direction of the certified organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the nec…

(a) In the event any referendum conducted under this subchapter fails to receive the required number of affirmative votes, the certified organization may call other referenda, with the consent of the State Plant Board. (b) (1) After the passage of any referendum, the eligible vot…

(a) (1) A cotton grower who fails to pay when due and upon reasonable notice any assessment levied under this subchapter shall be subject to a per-acre penalty as established in the State Plant Board's rules in addition to the assessment.(2) A cotton grower who fails to pay all a…

(a) As a part of its assessment of activities and accomplishments, each conservation district in this state shall annually assess the thistle problem within the district and report to the Arkansas Natural Resources Commission no later than September 30 each year regarding the ext…

A coordinated, concerted effort by the various agencies affected by the thistle problem is necessary to realize a proper remedy and therefore it is requested that the State Plant Board, Arkansas Forestry Commission, Arkansas Natural Resources Commission, Division of Agriculture o…

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: (a) Article IFindingsThe party states find that:(a) In the absence of the higher degree of cooperation among them possib…

Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact.

Under Article IV (h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Director of the State Plant Board.

The Compact administrator for this state shall be the Director of the State Plant Board.

Within the meaning of Article VI (b) or VIII (a), a request or application for assistance from the Insurance Fund may be made by the Governor or the Director of the State Plant Board, whenever in his or her judgment the conditions qualifying this state for such assistance exist a…

In addition to the state Compact administrator, notices under Article VI (d) should be sent to the Assistant Director of the State Plant Board and the person designated as the State Plant Regulatory Official.

The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified under the Compact shall have credited to his of her account, in the state treasury the amount or amounts of any payments mad…

As used in this Compact, with reference to this state, the term “executive head” shall mean the Governor.

This law becomes effective September 1, 2009.

This subchapter shall be known as the “Arkansas Public Grain Warehouse Law”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Commissioner” means the Public Grain Warehouse Commissioner, who shall be the Director of the State Plant Board or his or her designated representative;(2) “Grain” means all grains for which standards have…

(a) The provisions of this subchapter shall apply to all public grain warehouses and to the operations of public grain warehouses whether or not any of the grain therein is owned by the warehouseman, unless the public grain warehouse is licensed under the provisions of the United…

(a) Any person who issues a warehouse receipt for grain without holding a valid public grain warehouse license or who commits any willful violation of any provision of this subchapter shall be guilty of a Class D felony. (b) Any unintentional or negligent violation of this subcha…

(1) The State Plant Board shall carry out and enforce the provisions of this subchapter and is empowered to:(1) Promulgate rules;(2) Carry out necessary inspections;(3) Appoint and fix the duties of personnel; and(4) Provide such equipment as may be necessary to enforce the provi…

(a) No person shall operate a public grain warehouse or issue a warehouse receipt without first having obtained a license under this subchapter, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended. (b) All public grain…

(a) (1) Applications for licenses under this subchapter are to be made on forms prescribed by the Public Grain Warehouse Commissioner for each warehouse.(2) Every application is to be accompanied by an application fee of one hundred fifty dollars ($150) and a certified financial …

(a) (1) Before the issuance of a license under this subchapter, the public grain warehouseman shall file a copy of his or her schedule of charges for storage and other services with the Public Grain Warehouse Commissioner.(2) If the public grain warehouseman desires to make any c…

(a) (1) (A) (i) Before any license is issued to any warehouseman, the warehouseman shall file with the Public Grain Warehouse Commissioner a surety bond executed by the public grain warehouseman as principal and by a corporate surety licensed to do business in this state as suret…

(a) (1) The amount of bond to be furnished for each public grain warehouse shall be fixed at a rate of:(A) Twenty cents (20¢) per bushel for the first one million (1,000,000) bushels of licensed capacity;(B) Fifteen cents (15¢) per bushel for the next one million (1,000,000) bush…

(a) Upon satisfaction of the requirements of this subchapter and any applicable rules by an applicant, the Public Grain Warehouse Commissioner shall issue a license to operate a public grain warehouse. (b) (1) If after proper application the commissioner denies any person a licen…

Immediately upon receipt of his or her license or of any modification or extension thereof, the public grain warehouseman shall post it and thereafter keep it posted, until suspended or terminated, in a conspicuous place in the office of the public grain warehouse to which the li…

Subsequent to the issuance of an initial license under this subchapter, every applicant shall pay an annual license fee based upon the capacity of the warehouse. The fee shall be determined by the Public Grain Warehouse Commissioner but shall be no less than two hundred fifty dol…

(a) If a public grain warehouseman desires to renew his or her license for an additional year, application for the renewal shall be made on a form prescribed by the Public Grain Warehouse Commissioner. (b) At least sixty (60) days before the expiration of each license, the commis…

(a) If a public grain warehouseman is convicted of any crime involving fraud or deceit or if the Public Grain Warehouse Commissioner determines that any public grain warehouseman has violated any of the provisions of this subchapter or any of the rules adopted by the commissioner…

Upon satisfactory proof of the loss or destruction of a license issued to a public grain warehouseman, a duplicate or a new license may be issued under the same number.

(a) (1) Above all exemptions and liabilities, each public grain warehouseman shall have and maintain total net assets available for the payment of any indebtedness arising from the conduct of the public grain warehouse in an amount equal to at least ten cents (10¢) multiplied by …

(a) (1) (A) At all times, every public grain warehouseman shall keep the grain stored in the public grain warehouse insured by an insurance company authorized to do business in this state.(B) The grain is to be insured for its full market value against loss by fire, inherent expl…

(a) (1) Every public grain warehouseman shall receive for storage or shipment, so far as the available capacity for storage of the public grain warehouse shall permit, all grain tendered to him or her in the usual course of business.(2) However, a public grain warehouse owned and…

(a) (1) Receipts must be issued for all grain stored in a warehouse in accordance with rules adopted under this subchapter.(2) Receipts need not be issued against nonstorage grain, but each warehouseman shall keep accurate records of the weights, kinds, and grades, if graded, of …

(a) Every receipt issued for grain stored in a public grain warehouse shall conform to the requirements of § 4-7-202 and in addition shall embody within its written or printed terms:(1) A statement that the holder of the receipt or the depositor of the grain shall demand the deli…

(a) The Public Grain Warehouse Commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized. (b) The commissioner shall be authorized to have printed all warehouse receipts issued b…

All warehouse receipts issued by a public grain warehouse shall be numbered consecutively. No two (2) receipts bearing the same number shall be issued from the same warehouse during any one (1) year, except in the case of a lost or destroyed receipt.

At least one (1) copy of all receipts shall be made. All copies shall have clearly and conspicuously printed or stamped on them the words “COPY — NOT NEGOTIABLE”.