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2-37-108. Prohibited acts.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-37-108. Prohibited acts.
The following acts and the causing thereof within the state are hereby prohibited:
(a) The manufacture or distribution of any commercial feed that is adulterated or misbranded.
(b) The adulteration or misbranding of any commercial feed.
(c) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of § 2-37-107.
(d) The removal or disposal of a commercial feed in violation of any order under § 2-37-112.
(e) The failure or refusal to register in accordance with § 2-37-104.
(f) The violation of § 2-37-113(f).
(g) Failure to pay inspection fees and file reports as required by § 2-37-109.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-37-108
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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Stable record: arkansas_code:legal_authorities:2-37-108
Source file: gov.ar.code.title.02.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 01cb2ac4a389b8ddc034aca1f779fd923d91ee6bcb5acbef88e1326f2bfc3af3
Source location: content.xml paragraph 8103
Stored source content
2-37-108. Prohibited acts.
The following acts and the causing thereof within the state are hereby prohibited:
(a) The manufacture or distribution of any commercial feed that is adulterated or misbranded.
(b) The adulteration or misbranding of any commercial feed.
(c) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of § 2-37-107.
(d) The removal or disposal of a commercial feed in violation of any order under § 2-37-112.
(e) The failure or refusal to register in accordance with § 2-37-104.
(f) The violation of § 2-37-113(f).
(g) Failure to pay inspection fees and file reports as required by § 2-37-109.
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Arkansas Code — all titles (historical 2020) · legal_authorities
2-37-104. Registration and licensing.
(a)(1) Any person:
(A) Who manufactures a commercial feed within this state;
(B) Who distributes a commercial feed in or into the state; or
(C) Whose name appears on the label of a commercial feed as guarantor,
shall obtain a license for each facility which distributes in or into the state authorizing him or her to manufacture or distribute commercial feed before he or she engages in such activity.
(2) Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under this chapter is not required to obtain a license.
(b)(1) A person who is required to obtain a license shall submit an application on a form provided or approved by the State Plant Board accompanied by a license fee of ten dollars ($10.00) paid to the board for each facility. The board shall remit such license fees to the Treasurer of State for deposit into the State Treasury to the credit of the Plant Board Fund for the sole use of the board.
(2) A license shall expire on the last day of December of the year for which it is issued; provided that any license shall be valid through ninety (90) days of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder thereof has filed a renewal application with the board on or before December 31st of the year for which the current license was issued.
(3) A new applicant who fails to obtain a license within fifteen (15) working days after notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, sh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-37-104
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 2-37-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-37-107. Adulteration.
A commercial feed shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this section if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous, added deleterious, or added non-nutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity: or (ii) a food additive); or
(3) If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or
(4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-37-107
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 2-37-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-37-112. Detained commercial feeds.
(a)Withdrawal from Distribution Orders.
(1)(A) When the State Plant Board or its authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or any of the prescribed rules under this chapter, the board may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the board or the court.
(B) The board shall release the lot of commercial feed so withdrawn when the provisions and rules have been complied with.
(C) If compliance is not obtained the board may begin, or upon request of the distributor or registrant, shall begin proceedings for condemnation.
(2) A withdrawal from distribution order issued under this section expires thirty (30) days after the day it was first issued unless condemnation proceedings have begun in a court of competent jurisdiction.
(b)Condemnation and Confiscation.
(1) Any lot of commercial feed not in compliance with the provisions and rules shall be subject to seizure on complaint of the board to a court of competent jurisdiction in the area in which the commercial feed is located.
(2)(A) In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state.
(B) However, in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or r
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-37-112
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 2-37-112. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
2-37-113. Penalties.
(a) A person convicted of violating any of the provisions of this chapter or who shall impede, hinder, or otherwise prevent, or attempt to prevent, the State Plant Board or its authorized agent in performance of his or her duty in connection with the provisions of this chapter, shall be adjudged guilty of a violation punishable by a fine of not more than fifty dollars ($50.00) for the first violation, and not more than two hundred dollars ($200) for each subsequent violation, and the proceeds from such fines shall be remitted into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
(b) Nothing in this chapter shall be construed as requiring the board or its representative to:
(1) Report for prosecution;
(2) Institute seizure proceedings; or
(3) Issue a withdrawal from distribution order, as a result of minor violations of the chapter, or when the board believes the public interest will best be served by suitable notice of warning in writing.
(c) In all prosecutions for violations of this chapter, the certificate of the analyst, or other officer making the analysis or examination, when sworn to or subscribed by the analyst or officer, shall be prima facie evidence of the facts therein certified.
(d) The board is authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
(e) A person adversely affected by an act, order, or ruling of the board made under the provisions of this chapter may within forty-five (45) days thereaft
Source: Arkansas Code — historical release 78 (November 6, 2020) · 2-37-113
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 2-37-113. This identifies an authority to review, not proof of applicability.