Title 2, Agriculture

(a) Under the terms and conditions prescribed in its bylaws, an association may admit as members, or issue common stock only to, persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land u…

(a) Each association formed under this subchapter must prepare and file articles of incorporation setting forth:(1) The name of the association;(2) The purposes for which it is formed;(3) The place where its principal business will be transacted;(4) The term for which it is to ex…

(a) The articles of incorporation may be altered or amended at any regular meeting or at any special meeting called for that purpose. (b) Amendments to the articles of incorporation when so adopted shall be certified to by the president and secretary of the association and shall …

For filing articles of incorporation, an association organized under this subchapter shall pay five dollars ($5.00), and for filing an amendment to the articles, it shall pay two dollars and fifty cents ($2.50).

(a) Within thirty (30) days after its incorporation, each association incorporated under this subchapter must adopt a code of bylaws, not inconsistent with the powers granted by this subchapter, for its government and management. (b) Each association under its bylaws may also pro…

(a) In its bylaws, each association shall provide for one (1) or more regular meetings annually. (b) (1) The board of directors shall have the right to call a special meeting at any time, and ten percent (10%) of the members or stockholders may file a petition stating the specifi…

(a) (1) The affairs of the association shall be managed by a board of not less than five (5) directors elected by the members or stockholders from their own number.(2) (A) (i) The bylaws may provide that the territory in which the association has members shall be divided into dis…

(a) The board of directors shall elect from their number a president and one (1) or more vice presidents. (b) (1) They shall also elect a secretary and treasurer, who need not be directors, and they may combine the two (2) latter offices and designate the combined office as secre…

(a) (1) Any member may bring charges against an officer or director by filing the charges in writing with the secretary of the association, together with a petition signed by ten percent (10%) of the members, requesting the removal of the officer or director in question.(2) The r…

(a) When a member of an association established without capital stock has paid his or her membership fee in full, he or she shall receive a certificate of membership. (b) (1) (A) No association shall issue stock to a member until the stock has been fully paid for.(B) The promisso…

Upon demand of one-third (⅓) of the entire board of directors, any matter that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting. A special meeting may be called for that purp…

(a) (1) The association and its members may make and execute marketing contracts requiring the members to sell, for any period of time not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the associat…

Any person or corporation whose officers or employees knowingly induce or attempt to induce any member or stockholder of an association organized under this subchapter to breach his or her marketing contract with the association or who maliciously and knowingly spread false repor…

Whenever an association organized under this subchapter with preferred capital stock shall purchase the stock or any property or any interest in any property of any person, firm, corporation, or association, it may discharge the obligations so incurred, wholly or in part, by exch…

(1) Each association formed under this subchapter shall prepare and make out an annual report on forms furnished by the Secretary of State and the College of Agriculture of the University of Arkansas at Fayetteville, containing:(1) The name of the association;(2) Its principal pl…

(a) An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation, with or without capital stock; and engage in preserving, drying, processing, canning, packing, ginning, compressing, storing, handling, shippi…

(a) Upon resolution adopted by its board of directors, any association may enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements, contracts, and arrangements with any other cooperative corporation or association fo…

(a) (1) By a majority vote of its stockholders or members, any corporation or association organized under previous existing statutes may be brought under the provisions of this subchapter by limiting its membership and adopting the other restrictions as provided in this subchapte…

No association organized under this subchapter shall be deemed to be a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or fix prices arbitrarily. The marketing contracts or agreements between the association and its members or any agre…

Each association organized under this subchapter shall be exempt from all franchise or license taxes.

The provisions of the general corporation laws of this state and all powers and rights thereunder shall apply to the associations organized under this subchapter, except where the provisions are in conflict with or inconsistent with the express provisions of this subchapter.

Any provisions of law which are in conflict with this subchapter shall not be construed as applying to the associations provided for in this subchapter.

(a) An association formed under this subchapter may elect to be governed by the provisions of the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., by amending and restating its articles of incorporation to provide that it shall be so governed. (b) The election shal…

This chapter may be cited as the “Arkansas Agricultural Foreign Investment Act”.

(1) As used in this chapter, unless the context otherwise requires:(1) “Agricultural land” means any Arkansas land which is outside the corporate limits of a municipality and is used or capable, without substantial modification to the character of the land, of use for agricultura…

(a) (1) (A) When after April 19, 1979, any foreign party acquires any interest in agricultural land in Arkansas by grant, purchase, adverse possession, devise, descent, or in any other manner or any agent, trustee, or fiduciary acquires title to agricultural land in Arkansas on b…

Any foreign party shall have the right to make loans of money and to take and accept mortgages or other security interests upon agricultural land in Arkansas to secure the payment of loans. The foreign party may acquire fee ownership of the land upon a foreclosure or other legal …

(a) Any foreign party who acquires agricultural land by enforcement of a lien resulting from a transaction occurring after April 19, 1979, shall, within sixty (60) days of the acquisition, register the ownership as required in this chapter. (b) In the event of failure to register…

(a) Any recorder of deeds, tax assessor, or other public official who shall learn that a foreign party has acquired agricultural land in Arkansas after April 19, 1979, and has not registered as required in this chapter or otherwise holds agricultural land in violation of this cha…

If the Attorney General refuses to bring an action provided for or authorized by this chapter, any person claiming a violation therefor, upon notice to the Attorney General, may apply to the court for leave to bring the action in his or her own name and may bring the action if le…

(a) This chapter shall not apply to agricultural land owned by a foreign party on April 19, 1979, while the land is held by the foreign party, nor shall this chapter apply to any alien while a bona fide resident of the United States or one of its territories or possessions. (b) S…

Except as provided in this chapter, all aliens, whether or not residents of the United States, shall be capable of acquiring by grant, purchase, adverse possession, devise, or descent any interest in any real estate except agricultural land, as defined in § 2-3-102, and of owning…

(a) The restrictions set forth in this chapter do not apply to agricultural land acquired by a foreign party for immediate or potential use for nonfarming purposes. (b) A foreign party who acquires agricultural land for nonfarming purposes shall not be required to make a filing o…

(a) Beginning October 1, 2021, a foreign person required to make a report to the United States Department of Agriculture under the Agricultural Foreign Investment Disclosure Act, 7 U.S.C. § 3501 et seq., shall also file a copy of the required report with the Secretary of the Depa…

It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products. When nonagricultural land use…

(1) As used in this chapter:(1) “Agricultural operation” or “farming operation” means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:(A) The care and production of livestock and livestock products, poultry and poultry…

This chapter shall not be construed to invalidate any contracts heretofore made, but insofar as contracts are concerned shall be applicable only with respect to contracts and agreements made subsequent to March 3, 1981.

Any and all ordinances adopted by any municipality or county in which an agricultural operation is located making or having the effect of making the agricultural operation or any agricultural facility or its appurtenances a nuisance or providing for an abatement of the agricultur…

The provisions of this chapter shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of or change in the condition of the waters of any stream or on account of any over…

(a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation…

This chapter is remedial in nature and shall be liberally construed to effectuate its purposes.

(1) In recognition of the fact that domestic fish farming has become an important part of the agricultural economy of this state, the General Assembly determines and declares that whenever any of the statutes, laws, or rules promulgated pursuant thereto shall use any of the follo…

As used in this subchapter, unless the context otherwise requires, “domesticated fish” means any fish that are spawned and grown, managed, harvested, and marketed on an annual, semiannual, biennial, or short-term basis in privately owned waters as privately owned waters are defin…

Nothing in this subchapter shall be interpreted or construed to affect, change, or alter any of the powers or controls over fish and wildlife in this state vested in the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35.

This subchapter shall be known and may be cited as the “Commercial Bait and Ornamental Fish Act”.

(1) The purpose of this subchapter is to:(1) Establish a voluntary certification program to provide high quality farm-raised bait and ornamental fish free of certain diseases, undesirable plants, undesirable animals, and other contaminants deemed injurious to the fish or fisherie…