Title 2 — Agriculture
31 chapters · 691 sections in this title.
Ark. Code Ann. § 2-19-205 Statement required on each container
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(a) Before selling or offering for sale in this state complete fertilizer or fertilizer materials, all persons, companies, manufacturers, dealers, or agents shall brand, print, or attach to each bag or other container:(1) A true statement giving the name and address of the manufa…
Ark. Code Ann. § 2-19-206 Penalty for deficiency from guaranteed analysis
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(a) (1) If any commercial fertilizer or fertilizer material offered for sale in this state shall, upon official analysis, prove deficient from its guarantee as stated on the bag or other container, to the extent of three percent (3%) and not over five percent (5%), then the manuf…
Ark. Code Ann. § 2-19-207 Sampling fertilizers
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(1) The inspectors for the Department of Agriculture shall obtain samples of fertilizer or fertilizer materials in the following manner:(1) They shall draw samples with a core instrument that shall not be less than twelve inches (12″) in length in a manner that will procure a rep…
Ark. Code Ann. § 2-19-208 Analysis of fertilizers
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(a) (1) Samples of fertilizer or fertilizer materials obtained by the inspectors shall be delivered to the Department of Agriculture which shall make or cause to be made a complete analysis thereof.(2) Analyses are to be made according to methods adopted by the AOAC International…
Ark. Code Ann. § 2-19-209 Tonnage reports
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(a) (1) (A) All manufacturers and manipulators or agents representing them who have registered their brands in compliance with § 2-19-202 shall forward to the Department of Agriculture each month a report that shall reach its office on or before the twentieth day of the month in …
Ark. Code Ann. § 2-19-210 Rules
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(a) The State Plant Board shall have authority to establish rules in regard to the enforcement of this subchapter and in regard to inspection, analysis, and sale of fertilizer or fertilizer materials that shall not be inconsistent with the provisions of this subchapter. (b) The D…
Ark. Code Ann. § 2-19-211 Use of penalties from sums owed for fertilizer tonnage
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All penalties received by the Department of Agriculture for failure to pay or report sums owed for fertilizer tonnage shall be remitted to the Board of Trustees of the University of Arkansas, to be credited to the University of Arkansas, Division of Agriculture, Soil Testing and …
Ark. Code Ann. § 2-19-212 Local legislation preemption — Definitions
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(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 any local governmental entity including without limitation, any city,…
Ark. Code Ann. § 2-19-301 Title
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This subchapter shall be known as the “Arkansas Agricultural Liming Materials Act”.
Ark. Code Ann. § 2-19-302 Penalty
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Any person who shall violate any provision of this subchapter or any rule adopted under this subchapter shall upon conviction be guilty of a violation and fined not less than one hundred dollars ($100) for the first offense and not less than three hundred dollars ($300) for every…
Ark. Code Ann. § 2-19-303 Labeling requirements — Definition
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(a) As used in this subchapter, unless the context otherwise requires, “liming material” means all or any form of limestone, lime rock, dolomite, marl, slag, by-product lime, brown lime, industry or factory refuse lime, and any other material moved, prepared, sold, or distributed…
Ark. Code Ann. § 2-19-304 Sampling and analysis
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(a) The Department of Agriculture through its authorized agents is authorized to select from any package, bulk load, or lot of liming material exposed for sale or distribution in this state a quantity not less than two pounds (2 lbs.) for a sample, to be used for the purpose of a…
Ark. Code Ann. § 2-19-305 Penalty for deficiency from guaranteed analysis
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(a) If any liming material offered for sale in this state shall, upon official analysis, prove deficient from its statement of guarantee to the extent of five percent (5%) or more, then the manufacturer, importer, or guarantor of the liming material shall be liable for two (2) ti…
Ark. Code Ann. § 2-19-306 Registration
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(a) Before any liming material is sold or offered for sale or distribution in this state, the manufacturer, importer, or other guarantor, which is a person or firm that places or mixes liming materials of more than one (1) manufacturer in a stockpile, shall register each liming m…
Ark. Code Ann. § 2-19-307 Quarterly tonnage reports
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(a) (1) (A) (i) All manufacturers, importers, and other guarantors who are registered under § 2-19-306(a) shall forward to the Department of Agriculture each quarter a report on forms prescribed by the department, not later than thirty (30) days after the end of each quarter.(ii)…
Ark. Code Ann. § 2-19-308 Rules
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The State Plant Board is empowered to enforce the provisions of this subchapter and to prescribe and enforce such rules relating to the sale or distribution of liming materials as may be deemed necessary to carry into effect the full intent and meaning of this subchapter.
Ark. Code Ann. § 2-19-401 Title
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This subchapter shall be known as the “Soil Amendment Act of 1977”.
Ark. Code Ann. § 2-19-402 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Active ingredient” means the ingredient or ingredients which are claimed to have beneficial effects on soil or crops growing on soils;(2) “Adulterated” means and shall apply to any soil amendment if:(A) It…
Ark. Code Ann. § 2-19-403 Penalty
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Any person convicted of violation of any provision of this subchapter or the rules promulgated under this subchapter shall be guilty of a misdemeanor.
Ark. Code Ann. § 2-19-404 Administration
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This subchapter shall be administered by the State Plant Board.
Ark. Code Ann. § 2-19-405 Inspection authorized
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(a) The authorized agents of the State Plant Board may inspect, sample, analyze, and test soil amendments distributed in this state at any time and place and to such extent as may be deemed necessary to determine whether soil amendments are in compliance with this subchapter. (b)…
Ark. Code Ann. § 2-19-406 Rules
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The State Plant Board is authorized to adopt such rules as may be necessary to administer this subchapter, including methods of sampling, methods of analysis, and designation of ingredient forms, and to promulgate definitions of identity of products.
Ark. Code Ann. § 2-19-407 Labeling requirements and approval of ingredients
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(a) Each container of a soil amendment shall be labeled on the face or display side in a readable and conspicuous form to show the following information:(1) The net weight of the contents;(2) The name of the product;(3) The guaranteed analysis, including the name and the percenta…
Ark. Code Ann. § 2-19-408 Registration of products
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(a) (1) Each soil amendment product shall be registered with the board before it is distributed in this state.(2) Application for registration shall be submitted to the State Plant Board on a form prepared for that purpose showing the information required on the label, as provide…
Ark. Code Ann. § 2-19-409 Denial or revocation of registration
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(a) The State Plant Board shall refuse to register any product that does not comply with this subchapter and the rules promulgated under it. (b) (1) The board is also authorized and empowered to revoke any registration upon satisfactory evidence that the registrant or any of his …
Ark. Code Ann. § 2-19-410 Inspection fee and sales reports
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(a) (1) The registrant shall pay to the State Plant Board an inspection fee of thirty-seven and one-half cents (37.5¢) per ton on all products registered and sold in this state.(2) Each registrant shall keep adequate records of sales and shall file with the board, on a monthly ba…
Ark. Code Ann. § 2-19-411 Prohibited acts
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(1) It shall be a violation of this subchapter for any person to:(1) Distribute a soil amendment that is not registered with the State Plant Board;(2) Distribute a soil amendment that is not labeled;(3) Distribute a soil amendment that is misbranded;(4) Distribute a soil amendmen…
Ark. Code Ann. § 2-19-412 Stop-sale, use, or removal orders
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(a) The State Plant Board may issue and enforce a written or printed stop-sale, use, or removal order to the owner or custodian of any lot of soil amendment to hold the lot at a designated place when the board finds the soil amendment being offered or exposed for sale is not regi…
Ark. Code Ann. § 2-19-413 Injunctions
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(a) The State Plant Board is authorized to apply for, and the court is authorized to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subchapter or any rule promulgated under it, notwithstandin…
Ark. Code Ann. § 2-19-414 Deposit of moneys
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(a) The State Plant Board shall remit all moneys received by or for it under this subchapter to the Treasurer of State. (b) Upon receipt of any remittance, the Treasurer of State shall deposit the entire amount into the State Treasury and handle the funds in the same manner as re…
Ark. Code Ann. § 2-20-101 Title
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This subchapter shall be known as the “Agricultural Products Grading Act of 1925”.
Ark. Code Ann. § 2-20-102 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Agricultural products” means horticultural, viticultural, bee, and other agricultural products;(2) “Board” means the State Plant Board;(3) “Director” means the Director of the State Plant Board;(4) “Person…
Ark. Code Ann. § 2-20-103 Penalty
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Any person who shall violate any provision of this subchapter shall be guilty of a Class B misdemeanor.
Ark. Code Ann. § 2-20-104 Official standards for grading
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(a) In order to promote, protect, further, and develop the agricultural interests of this state, the State Plant Board, after investigation and public hearing, is authorized and empowered to fix and promulgate official standards for grading and classifying any or all agricultural…
Ark. Code Ann. § 2-20-105 Notice of standards
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(a) In promulgating the standards or any alterations or modifications of the standards, the State Plant Board shall specify the date when they shall become effective and shall give public notice, not less than thirty (30) days in advance of the date when the standard for any agri…
Ark. Code Ann. § 2-20-106 Adoption of federal standards
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(a) The State Plant Board is authorized to fix and promulgate as the official standard of this state for any agricultural product or container the standard for the product or container which may have been promulgated or announced therefor under the authority of the United States …
Ark. Code Ann. § 2-20-107 Container standards
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When any standard for a container for an agricultural product becomes effective under this subchapter, then no person shall manufacture for commerce within the jurisdiction of this state or sell, ship, or offer for sale in commerce any container, either filled or unfilled, to whi…
Ark. Code Ann. § 2-20-108 Unlawful sale or disposal
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It shall be unlawful for any person to offer for sale or to sell or otherwise dispose of any agricultural product in this state under any grade name or classification fixed for that agricultural product under the provisions of this subchapter or under any description, name, or de…
Ark. Code Ann. § 2-20-109 Suspension or revocation of licenses
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(a) The Director of the State Plant Board may designate any competent inspector or other employee or agent of the State Plant Board and, upon satisfactory evidence of competency, may license any other person, and charge and collect a reasonable fee for the license, to inspect or …
Ark. Code Ann. § 2-20-110 Inspectors, employees, and agents
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(a) The Director of the State Plant Board may appoint deputy inspectors, employees, and agents to assist in carrying out the provisions of this subchapter. (b) (1) The director may require any employee or agent and any inspector licensed under this subchapter to be covered by a g…
Ark. Code Ann. § 2-20-111 Unlawful actions — Improper influence
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(a) It shall be unlawful for any inspector, employee, or agent employed under the provisions of this subchapter, or any inspector licensed under it, to:(1) Knowingly inspect, grade, or classify improperly any agricultural product;(2) Knowingly give any incorrect certificate of gr…
Ark. Code Ann. § 2-20-112 Administration
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(a) The State Plant Board is authorized and empowered to promulgate rules and notices for carrying out the purposes and provisions of this subchapter. (b) All fees and moneys collected or received by inspectors, employees, or agents of the board under this subchapter and the rule…
Ark. Code Ann. § 2-20-113 Right of inspection
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For the purpose of carrying out the provisions and requirements of this subchapter and the rules and notices made and promulgated under it, the State Plant Board and its inspectors shall have power to enter into or upon any place and to open any bundle, package, or container of a…
Ark. Code Ann. § 2-20-114 Appeal of certification
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(a) (1) Whenever any quantity of any agricultural product shall have been inspected under this subchapter and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality, or condition of the product, any interested person, subject…
Ark. Code Ann. § 2-20-115 Certificate as evidence
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When not superseded by a finding on appeal of the grade, classification, quality, or condition of any agricultural product, a certificate issued under this subchapter and all certificates issued under authority of the United States Congress relating to grade, classification, qual…
Ark. Code Ann. § 2-20-116 Misrepresentations
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If any quantity of any agricultural product shall have been inspected and a certificate issued under this subchapter showing the grade, classification, quality, or condition thereof, no person shall represent the grade, classification, quality, or condition of the product at the …
Ark. Code Ann. § 2-20-117 Rule of agency
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In construing and enforcing the provisions of this subchapter, the act, omission, or failure of any official, agent, or other person acting for or employed by any person, association, partnership, or corporation within the scope of his or her employment or office shall also be de…
Ark. Code Ann. § 2-20-201 Public cotton gin defined
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All cotton gins in Arkansas which gin cotton other than that grown on the farm where the gin is located or on a farm owned or controlled by the operator of the gin are declared to be public cotton gins.
Ark. Code Ann. § 2-20-202 Order in ginning
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(a) All public cotton gins in this state as defined in § 2-20-201 are required to gin all cotton brought to the gin for ginning in the order in which it is presented for ginning. (b) Cotton offered for ginning from vehicles shall be ginned as provided and ahead of cotton stored i…
Ark. Code Ann. § 2-20-203 Method of ginning
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(a) All cotton ginned by public gins in this state, as defined in § 2-20-201, shall be ginned in such a manner as to make a good sample and to give a reasonable turnout according to the condition of the cotton and shall be paid for by the person having the cotton ginned at a reas…