Title 2, Agriculture

An owner's lien is perfected automatically from August 16, 2013, or the date a sales agreement is executed after August 16, 2013, without the need to file a financing statement or other type of documentation.

(a) If livestock subject to an owner's lien are commingled with other livestock in a manner that the identity of the specific livestock subject to the owner's lien cannot be determined by reasonable means, the owner's lien continues without interruption into and attaches to the c…

(a) (1) A purchaser or sales agent takes free of an owner's lien otherwise applicable to the livestock purchased and is relieved of any obligations created under § 2-32-403 if the purchaser or sales agent pays the full amount of required consideration for the livestock under a go…

Except for a permitted lien, an owner's lien takes priority over any other lien regardless of whether the lien arises by contract, law, equity, or otherwise.

This subchapter does not affect the time at which legal title to livestock may pass by agreement or operation of law subject to an owner's lien.

(a) (1) A livestock owner shall not be required as a condition or term of an agreement to sell or otherwise to:(A) Waive, relinquish, or release an owner's lien or any rights under this subchapter other than upon payment in full of the sales price; or(B) Agree to a provision that…

(a) An owner's lien expires one (1) year after the last day of the month following the date the sales price from the sale of livestock subject to the lien is required by law or contract to be paid to the livestock owner but only as to the particular livestock sold during the mont…

If this subchapter conflicts with other rights a livestock owner may have, the livestock owner's right to receive the sales price shall be given preference.

(a) The Arkansas Board of Animal Health may impose administrative penalties not to exceed five thousand dollars ($5,000) per violation against a person who violates any provision of this subtitle or any rule adopted by the board under this subtitle. (b) The imposition of administ…

(a) The Arkansas Board of Animal Health or a member of the board may issue a subpoena for a witness to require his or her attendance and testimony before the board, and to require the production of books, papers, and records in any proceeding before the board that may be material…

A member of the Arkansas Board of Animal Health or his or her attorney may administer an oath to any witness in any hearing, investigation, or proceeding under this subtitle.

A person affected by a rule, action, or order made by the Arkansas Board of Animal Health may obtain review of the rule, action, or order under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(a) Fees paid and penalties collected under this subtitle shall be deposited into the State Treasury as special revenues credited to the Animal Health Disease and Pest Control Fund. (b) Fees or penalties collected under this subtitle shall be cash funds when received by the Treas…

(1) As used in this subchapter:(1) “Artificial insemination” means the fertilization of or the attempt to fertilize the ova of a female animal by placing and implanting in the genital tract of the female animal the seminal fluid obtained from a male animal; and(2) “Livestock” mea…

Artificial insemination of livestock and animals is recognized as a routine animal husbandry practice.

There is created within the Department of Agriculture the Arkansas Board of Animal Health.

(a) (1) The Arkansas Board of Animal Health shall consist of nine (9) members who are residents and electors of this state to be appointed by the Governor by and with the advice and consent of the Senate for terms of five (5) years.(2) No more than three (3) members of the board …

(a) The Arkansas Board of Animal Health shall from time to time select from its membership a Chair of the Arkansas Board of Animal Health and a vice chair. (b) (1) The board shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactio…

(a) (1) The Director of the Arkansas Board of Animal Health shall be appointed by the Governor and shall serve at the pleasure of the Governor.(2) The director shall report to the Secretary of the Department of Agriculture. (1) The Director of the Arkansas Board of Animal Health …

(a) The Secretary of the Department of Agriculture shall employ a State Veterinarian. (b) The State Veterinarian shall be a person who has been granted the degree of Doctor of Veterinary Medicine and holds a current license issued by the Arkansas Board of Animal Health.

(a) Authority for the control, suppression, and eradication of livestock and poultry diseases and pests, and supervision of livestock and poultry work in this state, including authority to promulgate rules governing the handling, sale, and use of vaccines, antigens, and other bio…

(a) The Arkansas Board of Animal Health may promulgate rules concerning services performed by the Arkansas Veterinary Diagnostic Laboratory. (b) (1) A fee structure may be designed and maintained by the Department of Agriculture for the purpose of defraying the cost of diagnostic…

All fees and revenues collected by the Department of Agriculture shall be deposited into the State Treasury as special revenues to be credited to the Animal Health Disease and Pest Control Fund.

(a) There is created in the State Treasury a fund to be known as the “Federal Animal Health Fund”. (b) Federal funds as may be allotted to the Department of Agriculture for maintenance and operation of its cooperative programs with the United States Department of Agriculture shal…

(1) The following items received by or in the custody of the Department of Agriculture are not public records and are exempt from examination or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.:(1) A certificate of veterinary inspection as defined in §…

A person who commits the offense of cruelty to animals under § 5-62-103(a)(4) against an equine is subject to civil penalties imposed by the Arkansas Board of Animal Health not to exceed five thousand dollars ($5,000) per violation.

The Department of Agriculture is authorized to establish a Poultry and Egg Grading Program in this state which shall be established in cooperation with the United States Department of Agriculture and shall be in compliance with the applicable standards and requirements as prescri…

(a) (1) The Arkansas Board of Animal Health shall promulgate such reasonable rules for poultry and egg grading in this state as may be necessary for the establishment and enforcement thereof.(2) The rules shall be in compliance with the standards and requirements established by t…

The Secretary of the Department of Agriculture is authorized to cooperate with the appropriate federal agencies and the appropriate agencies of this state and other states for the purpose of coordinating laws and rules governing the interstate movement of eggs and graded poultry …

The Department of Agriculture is authorized to enter into a cooperative agreement with the United States Department of Agriculture whereby the Department of Agriculture will bill poultry and egg processors in Arkansas for poultry and egg grading and egg products inspection servic…

(a) All funds received by the Department of Agriculture for providing poultry and egg grading services shall be deposited into the State Treasury. Upon receipt of the funds, the Treasurer of State shall monthly credit them as special revenues to an account to be known as the “Pou…

The Department of Agriculture is hereby authorized to pay ordinary, customary, and necessary overtime compensation in accordance with rules promulgated by the Chief Fiscal Officer of the State to those employees, including egg and poultry grader supervisors, engaged in the inspec…

(a) If a dispute arises about an earmark or brand, it shall be decided by reference to the book of marks and brands kept by the clerk of the county court. (b) (1) A state-certified law enforcement officer or a livestock association in the state that is authorized to perform brand…

(1) As used in this subchapter:(1) “Brand” means for purposes of ownership identification a permanent identification burned or frozen into the hide of a live animal with a hot iron or hot or frozen chemical in letters, numbers, or figures, each of which is at least three inches (…

The Arkansas Board of Animal Health shall serve as an adjusting committee in the matter of determining conflicts of brands, and the decision of the board shall be final.

The Department of Agriculture shall publish the State Brand Book on its website, which shall contain each brand and mark that is registered with the department showing the name and address of the owner, together with the pertinent laws and rules pertaining to registration and rer…

Before publication of a revised State Brand Book, each registered brand owner or assignee in the previous book or supplements shall be notified in writing that his or her brand has terminated and that the brand must be renewed if the person desires to keep the brand.

(a) A person desiring to adopt a brand or to continue to use a brand shall apply to the Department of Agriculture for the registration of the brand in the manner prescribed in this section. (b) The department shall prepare a standard form, which shall be made available to those p…

(a) There is reserved to the state the brands of “B”, “S”, and “T” on the left jaw of any cattle, and it is unlawful for a person to use the brands of “B”, “S”, and “T”. (b) Cattle carrying these brands shall be:(1) Claimed as reactors to:(A) Brucellosis abortus, known as Bang’s …

(a) Brands appearing in the current edition of the State Brand Book or supplements to the current edition of the State Brand Book shall be prima facie evidence of ownership and shall take precedence over brands of like kind should the question of ownership arise. (b) The owner wh…

(a) (1) Only brands appearing on the website of the Department of Agriculture shall be subject to sale, assignment, transfer, devise, or bequest, the same as other personal property.(2) (A) The transfer of title shall be recorded with the department.(B) The fee for recording a tr…

The purpose of this subchapter is to promote the growth and development of the beef cattle industry in Arkansas by research, promotion, and market development and thereby promote the general welfare of the people of Arkansas.

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

(a) The Arkansas Beef Council is created. (b) (1) The council shall be composed of seven (7) members appointed by the Governor and confirmed by the Senate as follows:(A) Four (4) cattle producer members actively and principally engaged in the cattle industry, from each of the fou…

(a) (1) Within ninety (90) days after February 14, 1983, the Arkansas Beef Council shall cause an election to be held on the question of the levy of an assessment of twenty-five cents (25¢) per head on all cattle sold in the state.(2) The election shall be held at the offices of …

(a) (1) The assessment levied under this subchapter shall be collected by each purchaser of cattle in Arkansas, whether or not the purchaser is a resident of Arkansas.(2) A purchaser shall monthly report and remit the assessments collected to the Director of the Department of Fin…