Title 2 — Agriculture

No warehouse receipt shall be issued except upon actual delivery of grain into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of grain than was contained in the lot or parcel received for storage, nor shall mor…

(a) (1) It shall be the duty of the public grain warehouseman to deliver grain to the holder of a warehouse receipt within ten (10) days of the demand for the redemption of the receipt if no lawful excuse for not delivering the grain exists.(2) (A) In the event the public grain w…

If a warehouseman delivers only a part of a lot of grain for which he or she has issued a negotiable receipt under this subchapter, he or she shall take up and cancel the receipt and issue a new receipt in accordance with the rules in this subchapter for the undelivered portion o…

(a) Except as permitted by law or by the rules in this subchapter, a warehouseman shall not deliver grain for which he or she has issued a negotiable receipt until the receipt has been returned to him or her and cancelled. He or she shall not deliver grain for which he or she has…

(a) Each person to whom a nonnegotiable receipt is issued shall furnish the warehouseman with a statement in writing, indicating the person having power to authorize delivery of grain covered by the receipt, together with the bona fide signature of the person. (b) No licensed war…

A public grain warehouseman may make a valid sale or pledge of any warehouse receipts issued for grain of which the warehouseman is the owner, either solely or jointly in common with others. The recital of ownership in the receipt shall constitute notice of the right to sell or p…

(a) If grain is offered for storage in any licensed public grain warehouse and the public grain warehouseman does not have storage space to handle the grain, the public grain warehouseman, with the written consent of the owner, may accept grain for shipment to another public grai…

During all regular business hours, each public grain warehouse shall employ a grain inspector, who may be the public grain warehouseman himself or herself if the public grain warehouseman is a natural person. He or she shall inspect and weigh all grain received by the warehouse a…

(a) It shall be the public grain warehouseman's duty and obligation to condition and maintain the quantity and quality of all grain as receipted. (b) (1) If the condition of any grain offered for storage is such that it probably will adversely affect the condition of grain in the…

(a) Every public grain warehouseman shall keep, in a place of safety, complete, separate, and correct records and accounts pertaining to the public grain warehouse. These shall include, but not be limited to, records and accounts of all grain received and withdrawn, all unissued …

(a) (1) (A) Every public grain warehouse shall be examined by the Public Grain Warehouse Commissioner, each year.(B) The cost of the examination shall be included in the annual license fee.(2) (A) The Public Grain Warehouse Commissioner, at his or her discretion, may make additio…

(a) If it shall be discovered that any public grain warehouse is insolvent or that its continuance in business will seriously jeopardize the interest of its creditors or grain depositors, it shall be the duty of the Public Grain Warehouse Commissioner to close the warehouse, to t…

(a) Any person operating a public grain warehouse who desires to discontinue the operation at the expiration of his or her license or whose license is suspended, revoked, or cancelled by the Public Grain Warehouse Commissioner or his or her designated representative shall notify …

All revenues collected under the provisions of this subchapter by the State Plant Board shall be deposited into the State Plant Board Fund to be used for the maintenance, operation, support, and improvement of the board.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Grain” means rice, soybeans, wheat, corn, rye, oats, barley, flaxseed, sorghum, mixed grain, and other food grains, feed grains, and oil seeds;(2) “Owner” means the farmer who grows and produces grain and …

The provisions of this subchapter shall apply to all public grain warehousemen and to the operations of public grain warehouses, unless the public grain warehouse is licensed under the provisions of the United States Warehouse Act, as amended.

(a) Ownership of grain shall not change by reason of an owner's delivering grain to a public grain warehouseman. No public grain warehouseman shall sell or encumber any grain in his or her possession unless the owner of the grain has by written document transferred title of the g…

Any owner may, by written document signed by him or her or his or her agent, waive any and all rights conferred upon the owner by this subchapter.

(a) 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) “License” means a license issued under § 2-17-201…

(a) (1) Following summary suspension of a license under § 2-17-215 or following a suspension or revocation of a license as otherwise provided in § 2-17-201 et seq., the Public Grain Warehouse Commissioner in his or her discretion may file a verified petition in the proper court r…

(a) A petition filed by the Public Grain Warehouse Commissioner under § 2-17-402 shall be accompanied by the commissioner's plan for disposition of stored grain. (b) (1) The plan may provide for the pro rata delivery of part or all of the stored grain to depositors holding wareho…

(a) When a petition is filed by the Public Grain Warehouse Commissioner under § 2-17-402, the clerk of court shall set a date for hearing on the commissioner's proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) days after the date the petitio…

(a) The Public Grain Warehouse Commissioner shall cause a copy of each of the documents served upon the licensee under § 2-17-404 to be mailed by ordinary mail to every person holding a warehouse receipt or unpriced scale ticket issued by the licensee, as determined by the record…

When appointed as a receiver under this subchapter, the Public Grain Warehouse Commissioner shall cause notification of the appointment to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in each of the counties in which the licensee…

(1) The Public Grain Warehouse Commissioner may designate an employee of the commissioner to appear on behalf of the commissioner in any proceedings before the court with respect to the receivership and to exercise the functions of the commissioner as receiver, except that the co…

The actions of the Public Grain Warehouse Commissioner in connection with petitioning for appointment as a receiver and all actions under such appointment shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(a) When the Public Grain Warehouse Commissioner is appointed as receiver under this subchapter, the surety on the bond of the licensee shall be joined as a party defendant by the commissioner. (b) (1) If required by the court, the surety shall pay the bond proceeds, or so much t…

(a) When appointed as receiver under this subchapter, the Public Grain Warehouse Commissioner is authorized to give notice in the manner specified by the court to persons holding warehouse receipts or unpriced scale tickets issued by the licensee to file their claims within sixty…

(a) When the court approves the sale of stored grain, the Public Grain Warehouse Commissioner shall employ a merchandiser to effect the sale of those commodities. (b) A person employed as a merchandiser must meet the following requirements:(1) The person shall be experienced or k…

(a) The plan of disposition, as approved by the court, shall provide for the distribution of the stored grain or the proceeds from the sale of stored grain or the proceeds from any surety bond, or any combination thereof, less expenses incurred by the Public Grain Warehouse Commi…

The Public Grain Warehouse Commissioner may, with the approval of the court, continue the operation of all, or any part of, the business of the licensee on a temporary basis and take any other course of action or procedure which will serve the interests of the depositors.

(a) The Public Grain Warehouse Commissioner shall be entitled to reimbursement out of stored grain or proceeds held in receivership for all expenses incurred as court costs or in handling and disposing of stored grains and for all other costs directly attributable to the receiver…

(a) (1) In the event the approved plan of disposition requires the sale of stored grain or the distribution of proceeds from the surety bond, or both, the Public Grain Warehouse Commissioner shall submit to the court a proposed plan of distribution of those proceeds.(2) Upon such…

At the termination of the receivership, the Public Grain Warehouse Commissioner shall file a final report containing the details of his or her actions, together with such additional information as the court may require.

(1) As used in this chapter, unless the context otherwise requires:(1) “Board” means the State Plant Board;(2) “Person” means individuals, partnerships, corporations, associations, or two (2) or more individuals having a joint or common interest; and(3) “Seed” means any agricultu…

(a) (1) Any person shall be guilty of a violation who:(A) Falsely advertises or proclaims that seed has been certified by the Department of Agriculture;(B) Uses any emblem, label, or language for the purpose of misleading a person into believing that seed has been certified by th…

(a) (1) The Department of Agriculture is empowered to investigate and certify to varietal purity and fitness for planting of agricultural seed on request of the grower thereof.(2) (A) For this purpose, the State Plant Board shall set up, in its rules, one (1) or more classificati…

(1) The State Plant Board:(1) Shall promulgate all rules necessary to carry into effect the purpose of this chapter, which is to provide supplies of high-grade seed, true to name and free from disease, for planting purposes;(2) Shall make rules to protect the interest of breeders…

(a) (1) To cover costs of inspection and certification, the State Plant Board shall require a reasonable sum from all applicants.(2) Upon receipt of an application, the Department of Agriculture will invoice the applicant for payment.(3) These sums invoiced under subdivision (a)(…

(a) Persons whose seed has met the standards set up by the State Plant Board and who have complied with all the provisions of this chapter and with all the rules of the board made under this chapter shall receive from the Department of Agriculture the proper certificate of inspec…

(a) It shall be unlawful for any person to use the terms “certified” or “registered” as applied to the quality of seed or plants or to use any other term applying to seed classifications promulgated by the State Plant Board, without first having applied for and received the prope…

In administering this chapter, the Department of Agriculture is authorized to cooperate to the fullest extent with other agencies of the state and federal government.

The level of aflatoxin in Arkansas-grown grain and seed sold or distributed in this state shall be monitored by the Department of Agriculture.

Methods of sampling and analysis of the grain and seed described in § 2-18-109 shall meet the standards prescribed by the United States Grain Inspection, Packers and Stockyards Administration.

The State Plant Board may establish rules necessary to implement the provisions of §§ 2-18-109, 2-18-110, and this section.

(a) As used in this section:(1) “Local legislation” means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a political subdivision of this state; and(2) “Political subdivision” means a local governmental entity, including without limitation a city, cou…

(a) Any person selling or offering for sale any fertilizer or fertilizer material in violation of a provision of this subchapter, of a rule made under this subchapter, or of a notice issued under the authority of this subchapter shall be guilty of a violation. (b) Upon conviction…

(a) (1) (A) All manufacturers, jobbers, and manipulators of commercial fertilizers and of fertilizer materials to be used in the manufacture of fertilizer, who may desire to sell or offer for sale in Arkansas fertilizer and fertilizer materials, shall first file for registration …

(a) It shall be unlawful for any manufacturer, individual, corporation, or company, either by themselves or agents, to sell or offer for sale in this state any fertilizer brand or fertilizer materials that have not been registered with and the registration approved by the Departm…

Nothing in this subchapter shall be construed to restrict or prohibit sales of superphosphates or any other fertilizer materials to one another by importers, manufacturers, or manipulators who mix materials for sale, or prevent the free and unrestricted shipments of materials to …