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2-1-306. Civil penalty.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-1-306. Civil penalty.
(a)(1) A person that violates § 2-1-305 shall be fined an amount not to exceed one thousand dollars ($1,000) for each violation.
(2) Each item that violates § 2-1-305 constitutes a separate violation subject to the civil penalty provided in subdivision (a)(1) of this section.
(b)(1) A person subject to a civil penalty under subsection (a) of this section may request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.
(2) Upon request, the Director of the Arkansas Bureau of Standards shall conduct a hearing after giving appropriate notice to the person, and the decision of the director is subject to appropriate judicial review.
(3)(A) If a person subject to a civil penalty under subsection (a) of this section has exhausted all administrative appeals and the civil penalty has been upheld, the person or entity shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision.
(B) If the person fails to pay the civil penalty as required under this section, a civil action may be brought by the director in a court of competent jurisdiction to recover the civil penalty.
(C) A civil penalty collected under this section shall be deposited into the Plant Board Fund.
(c) The director may waive a civil penalty for a violation of § 2-1-305 if:
(1) He or she determines that the violation was accidental, erroneous, or unintentional; or
(2) The person that violated § 2-1-305 publicly acknowledges the violation and issues a voluntary recall for the mislabeled products.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-1-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:2-1-306
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8e1f8013ce55b65cb5f7a704bdee0a8ef1edc57d2a2b9e44fcf82fa6f8ae20fe
Source location: content.xml paragraph 152
Stored source content
2-1-306. Civil penalty.
(a)(1) A person that violates § 2-1-305 shall be fined an amount not to exceed one thousand dollars ($1,000) for each violation.
(2) Each item that violates § 2-1-305 constitutes a separate violation subject to the civil penalty provided in subdivision (a)(1) of this section.
(b)(1) A person subject to a civil penalty under subsection (a) of this section may request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.
(2) Upon request, the Director of the Arkansas Bureau of Standards shall conduct a hearing after giving appropriate notice to the person, and the decision of the director is subject to appropriate judicial review.
(3)(A) If a person subject to a civil penalty under subsection (a) of this section has exhausted all administrative appeals and the civil penalty has been upheld, the person or entity shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision.
(B) If the person fails to pay the civil penalty as required under this section, a civil action may be brought by the director in a court of competent jurisdiction to recover the civil penalty.
(C) A civil penalty collected under this section shall be deposited into the Plant Board Fund.
(c) The director may waive a civil penalty for a violation of § 2-1-305 if:
(1) He or she determines that the violation was accidental, erroneous, or unintentional; or
(2) The person that violated § 2-1-305 publicly acknowledges the violation and issues a voluntary recall for the mislabeled products.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-1-305. Prohibited activities.
A person shall not misbrand or misrepresent an agricultural product that is edible by humans, including without limitation by:
(1) Affixing a label that is false or misleading;
(2) Selling the agricultural product under the name of another food;
(3) Omitting information required under § 20-56-209 from the label;
(4) Placing information on the label in a way that does not conform with the requirements under § 20-56-209;
(5) Representing the agricultural product as a food for which a definition and standard of identity has been provided by regulations under § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2019, unless:
(A) The agricultural product conforms to the definition and standard; and
(B) The label of the agricultural product bears the name of the food specified in the definition and standard and includes the common names of optional ingredients other than spices, flavoring, and coloring present in the food as regulations require;
(6) Representing the agricultural product as meat or a meat product when the agricultural product is not derived from harvested livestock, poultry, or cervids;
(7) Representing the agricultural product as rice when the agricultural product is not rice;
(8) Representing the agricultural product as beef or a beef product when the agricultural product is not derived from a domesticated bovine;
(9) Representing the agricultural product as pork or a pork product when the agricultural product is not derived from a domesticated swine;
(10) Utilizing a term that is the same as or similar to a term that has been used or defined historically in reference to a specific agricultural product; or
(11) Affixing a label that uses a v
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-1-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 2-1-305. This identifies an authority to review, not proof of applicability.