Title 2 — Agriculture

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

(a) (1) Any buyer who fails to file a report or pay any assessment within the required time set by the Secretary of the Department of Finance and Administration shall forfeit to the secretary a penalty of five percent (5%) of the assessment determined to be due plus one percent (…

The provisions of this subchapter shall not apply to any person who purchases one thousand (1,000) or less bushels of corn or grain sorghum in any calendar year.

(a) The Arkansas Corn and Grain Sorghum Promotion Board is created. (b) (1) The board shall be composed of seven (7) producer members appointed by the Governor and confirmed by the Senate.(2) All of the seven (7) producer members of the board shall be practical producers of corn …

(a) (1) The Arkansas Corn and Grain Sorghum Promotion Board shall appoint three (3) corn or grain sorghum producers from each county who will be responsible for holding a referendum in the county.(2) The board will set the dates for the referendum and prescribe procedures to be f…

(a) (1) The Arkansas Corn and Grain Sorghum Promotion Board shall plan and conduct a program of research and extension designed to promote the corn and grain sorghum industry in Arkansas, and the board may use the funds derived from the assessments imposed in this subchapter for …

This chapter shall be known as the “Arkansas Nursery Fraud Act of 1919”.

(1) As used in this chapter, unless the context otherwise requires:(1) “Agent” means any person not selling nursery stock under the partial or full control of a nurseryman or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer, o…

(a) Without first having qualified, obtained, and having in force a valid license from the State Plant Board to do so, it shall be unlawful for any person, firm, or corporation to:(1) Engage in, conduct, or carry on the business of selling or dealing in any nursery stock or of im…

Any person who shall violate any provisions or requirements of this chapter or of the rules made under authority of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifteen dollars ($15.00) nor more than five hundred…

Prosecutions under this chapter shall be commenced by the prosecuting attorney upon evidence furnished by the Director of the State Plant Board.

The State Plant Board is authorized to make such reasonable rules as it may deem necessary for the enforcement of the provisions of this chapter and to prevent violations.

(a) All licenses shall be in the name of the person, firm, or corporation licensed and shall show the:(1) Purposes for which issued; and(2) Name and location of the nursery or place of business of the nurseryman or dealer licensed or represented by the agent, salesman, or solicit…

(a) No license shall be issued until the applicant shall have qualified and paid the required fee. (b) (1) The annual license fee shall be ten dollars ($10.00) for either a nurseryman or dealer in nursery stock and ten dollars ($10.00) for each agent, salesman, or solicitor.(2) F…

(a) Licenses shall be issued on an annual basis. (b) The date of expiration of the licenses shall be set by the State Plant Board in its rules and regulations made under this chapter.

(a) The State Plant Board shall have authority to deny or refuse renewal of a license to any person when it is revealed by investigation or experience that the person does not have a record of financial or moral responsibility. (b) Any person so denied a license may appeal to the…

(a) Any license issued in accordance with this chapter may be invalidated by the State Plant Board or its authorized representative, after a hearing, for the following reasons:(1) Substitution by the licensee of varieties or kinds of nursery stock other than those ordered, except…

(1) Any person contracting to render expert advice or services regarding horticultural practices as part of the value received in the sale of nursery stock shall be required to:(1) Furnish satisfactory evidence to the Director of the State Plant Board that he or she is qualified …

All moneys collected by the State Plant Board under this chapter shall be deposited and used in the same manner as moneys collected under § 2-16-210.

(1) As used in this chapter, unless the context otherwise requires:(1) “Abandoned apiary” means an apiary to which the owner or operator fails to provide such reasonable and adequate attention to each hive during the year as to jeopardize the welfare of neighboring colonies;(2) “…

Any person violating the provisions of this chapter shall be guilty of a Class C misdemeanor and shall be punished accordingly.

(a) (1) No person shall sell, offer for sale, give away, or otherwise transfer ownership of any bees, colony of bees, or queen bees without first receiving from the State Plant Board a certificate of health issued not more than six (6) months before disposition.(2) A copy of the …

The State Plant Board is vested with the authority to carry out the provisions of this chapter through the Director of the State Plant Board, State Apiarist, section head, and deputies.

(a) The State Plant Board may promulgate such rules, not inconsistent with this chapter, as it shall deem necessary for the proper enforcement of this chapter. (b) Rules shall be promulgated, issued, and enforced in accordance with the Arkansas Administrative Procedure Act, § 25-…

(a) (1) For the enforcement of this chapter, the apiary inspector shall have, where any apiary is located or any bees, combs, or apiary appliances are kept, the authority to enter upon any private or public premises with right of access, ingress, and egress for the purpose of asc…

(a) (1) Whenever an apiary has been inspected and found apparently free from American foulbrood or other dangerous, contagious, or infectious bee diseases, and all other provisions of this chapter have been complied with, a certificate of inspection shall be issued.(2) The certif…

The State Plant Board shall establish minimum competency standards for persons to be employed as apiary inspectors. These requirements are to include demonstrated ability to properly handle hives and bees in addition to proficient performance on a written test measuring knowledge…

(a) (1) It is the duty of all persons engaged in beekeeping to provide movable frames in all hives used by them to contain bees and to cause the bees in the hives to construct brood combs in the frames so that any of the frames may be removed from the hive without injuring other …

(a) (1) (A) A person owning, leasing, or possessing bees within ten (10) days after coming into ownership or possession of bees or before moving bees from outside the State of Arkansas, shall file with the State Plant Board an application for registration.(B) The application shal…

(a) (1) All bees in used hives or other apiary equipment which may be brought into the state from other states or other countries must be accompanied by a certificate of health issued by the official inspector of the state or country where they had been located.(2) The transporta…

(a) All apiaries, bees, bee equipment, bee products, buildings, premises, and appliances where or on which American or European foulbrood is known to exist are declared to be under quarantine. (b) (1) The removal of any and all bees, queen bees, bee products, colonies, nuclei, co…

(1) As used in this subchapter:(1) “Advertisement” means all representations other than those on the label written, recorded, or published and distributed by the labeler;(2) “Agricultural seed” means the seeds of grass, forage, cereal, oil and fiber crops, and any other kinds of …

(a) (1) When any buyer believes that he or she has been damaged by the failure of agricultural seed to produce or perform as represented by the labeling of the agricultural seed, as a prerequisite to the buyer's right to maintain a legal action against the dealer or labeler and w…

(a) Any seed dealer or labeler against whom suit is brought in any state or federal court by a buyer who alleges that he or she has been damaged by the failure of seeds purchased from a seed dealer to perform as labeled, may request an investigation by the Department of Agricultu…

If the Secretary of the Department of Agriculture determines that an informal hearing should be conducted to allow each party an opportunity to present his or her respective side of the dispute, attorneys may be present at the hearing to confer with their clients, but may not par…

(a) When a complaint is made by a buyer against a dealer or labeler, the Secretary of the Department of Agriculture or his or her designee shall make a full and complete investigation of the matters complained of and at the conclusion of the investigation, report the findings and…

(1) In conducting its investigation, the Department of Agriculture may:(1) Examine the buyer on his or her use of the seed of which he or she complains and the dealer or labeler on his or her packaging, labeling, and selling operation of the seed alleged to be faulty;(2) Grow to …

The Department of Agriculture shall keep a record of its activities and reports under this subchapter.

The consumer and seedsman shall give written notice to the Department of Agriculture of the acceptance or rejection of the department's recommended terms of settlement within thirty (30) days from the date such recommended terms of settlement are issued by the department.

This chapter shall be known and may be cited as the “Arkansas Grain Dealers Act”.

(1) As used in this chapter:(1) (A) “Dealer” means a person that operates as a grain buyer.(B) “Dealer” does not include a person licensed under the following:(i) The United States Warehouse Act, 7 U.S.C. § 241 et seq.; or(ii) The Arkansas Public Grain Warehouse Law, § 2-17-201 e…

(a) The State Plant Board shall:(1) Administer this chapter; and(2) Create a publicly accessible database of:(A) Dealers licensed under this chapter;(B) Persons licensed under the United States Warehouse Act, 7 U.S.C. § 241 et seq.; and(C) Persons licensed under the Arkansas Publ…

(a) (1) A dealer shall obtain a license from the State Plant Board under this chapter before entering into a contract for or purchasing grain.(2) A dealer that exists as of the effective date of this chapter has sixty (60) days from March 23, 2015 to obtain a license. (1) A deale…

(a) The State Plant Board shall issue a license to a dealer that satisfies the requirements of this chapter and the rules promulgated by the board. (b) A dealer seeking licensure under this chapter shall submit an application to the board on the form prescribed by the board. (c) …

The State Plant Board may require a surety bond, financial reserve, or other evidence of creditworthiness for dealers.

(a) A dealer shall report to the State Plant Board annually on the form prescribed by the board. (b) The board may audit and inspect each dealer annually and as necessary.

(a) It is a violation of this chapter to:(1) Operate as a dealer without a license issued under this chapter;(2) Knowingly violate this chapter; or(3) Knowingly refuse to allow inspection of a dealer's premises, books, accounts, or other records during an audit by the State Plant…

(a) (1) The State Plant Board may temporarily suspend a dealer's license without a hearing if the board determines that the public health, safety, or welfare requires immediate action.(2) If the board temporarily suspends a dealer's license under subdivision (a)(1) of this sectio…

(a) Following the suspension of a dealer's license under this chapter, the State Plant Board may file a verified petition in a court of competent jurisdiction requesting the appointment of a receiver to take custody of the assets of the dealer and provide for the disposition of t…

The State Plant Board may order a dealer to cease and desist any activity that is in violation of this chapter.