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20-57-305. Powers and duties of State Board of Health and Secretary of the Department of Health.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-305. Powers and duties of State Board of Health and Secretary of the Department of Health.
(a) The State Board of Health is authorized as the administrative agency and is directed:
(1) To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make;
(2) From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in §§ 20-57-302, 20-57-303, and 20-57-306 as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act.
(b) All orders and rules adopted by the board pursuant to this subchapter shall be published in the manner prescribed in subsection (c) of this section and, within the limits specified by this subchapter, shall become effective upon such date as the Secretary of the Department of Health shall fix.
(c) Whenever under this subchapter publication of any notice, order, or rule is required, the publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the state.
(d)(1) The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision.
(2) All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-305
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-57-305
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c84cfd7cf4a70764ed31dcc8e8b672399e33b36d7833e5687e1cb66f97a83591
Source location: content.xml paragraph 30410
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20-57-305. Powers and duties of State Board of Health and Secretary of the Department of Health.
(a) The State Board of Health is authorized as the administrative agency and is directed:
(1) To make, amend, and rescind such rules as may be necessary to carry out the provisions of this subchapter, including, but without being limited to, such orders and rules as it is specifically authorized and directed to make;
(2) From time to time to adopt such rules changing or adding to the required ingredients for flour or bread specified in §§ 20-57-302, 20-57-303, and 20-57-306 as shall be necessary to conform to the definitions and standard of identity of enriched flour and enriched bread from time to time promulgated by the appropriate federal agency pursuant to the Federal Food, Drug, and Cosmetic Act.
(b) All orders and rules adopted by the board pursuant to this subchapter shall be published in the manner prescribed in subsection (c) of this section and, within the limits specified by this subchapter, shall become effective upon such date as the Secretary of the Department of Health shall fix.
(c) Whenever under this subchapter publication of any notice, order, or rule is required, the publication shall be made at least three (3) times in ten (10) days in newspapers of general circulation in three (3) different sections of the state.
(d)(1) The secretary is authorized to collect samples for analysis and to conduct examinations and investigations for the purposes of this subchapter through any officers or employees under his or her supervision.
(2) All officers and employees shall have authority to enter and inspect any factory, mill, warehouse, shop, or establishment where flour or bread is manufactured, processed, packed, sold, or held or any vehicle and any flour or bread therein, and all pertinent equipment, materials, containers, and labeling.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-302. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Appropriate federal agency” means the United States Food and Drug Administration or any agency or department or administrative federal officer charged with the enforcement and administration of the Federal Food, Drug, and Cosmetic Act;
(2) “Bread” shall include all yeast-raised commercial bakery products, made wholly or partly from wheat flour but excludes products containing no wheat flour or products made from one hundred percent (100%) whole wheat flour and also excludes all biscuits and crackers;
(3) “Enrichment” as applied to flour or bread means the addition thereto of vitamins and other ingredients of the nature required by this subchapter, and the term “enriched flour” as defined by the United States Food and Drug Administration, 6 Fed. Reg. 2579 (1941) and 8 Fed. Reg. 2772 (1941), and “enriched bread”, 6 Fed. Reg. 2772 (1941) and 8 Fed. Reg. 10785 (1943), means flour or bread which has been enriched to conform with the requirements of this subchapter;
(4) “Flour” includes and shall be limited to flour of every kind and description, made wholly or partly from wheat, which conforms to the definition and standard of identity of flour including white flour, wheat flour, and plain flour as promulgated by the United States Food and Drug Administration, 6 Fed. Reg. 2754 (1941), but excluding whole wheat flour made only from the whole wheat berry with no part thereof removed and also excluding special packaged flours not used for bread baking such as cake, pancake, cracker, and pastry flours; and
(5) “Person” means an individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-302
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 20-57-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-303. Applicability.
(a) The terms of this subchapter shall not apply to flour or bread which is made from the entire wheat berry with no parts of the wheat removed from the mixture. In cases of flour or bread containing mixtures of the whole wheat berry and white flour or mixtures of various portions of the wheat berry, the products shall have a vitamin and mineral potency at least equal to enriched flour or enriched bread as described in this subchapter.
(b) The terms of this subchapter shall not apply to flour ground for the wheat producer whereby the miller is paid in wheat or feed for the grinding service rendered, except insofar as the mill may manufacture tollwheat into flour and sell or offer for sale the flour, whereupon this subchapter shall be applicable.
(c) The provisions of this subchapter shall not apply to farmers exchanging their wheat for flour or having the wheat ground into flour and disposing of the wheat for their own use or for the use of farm labor on their farms.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-303
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 20-57-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-57-306. Vitamins and other ingredients — Flour.
(a)(1) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale within this state or to ship into this state for human consumption in this state any flour, as defined in § 20-57-302, unless the following vitamins and other ingredients are contained in each pound of flour:
(A) Not less than two milligrams (2 mg) of vitamin B1 (thiamin);
(B) Not less than one and two-tenths milligrams (1.2 mg) of riboflavin;
(C) Not less than sixteen milligrams (16 mg) of niacin (nicotinic acid) or nicotinic acid amide (niacin amide); and
(D) Not less than thirteen milligrams (13 mg) of iron (Fe).
(2) In addition to the above ingredients, the enrichment of self-rising flour requires not less than five hundred milligrams (500 mg) of calcium.
(b) The ingredients and amounts listed in subsection (a) of this section are in accordance with the definition of enriched flour as promulgated by the United States Food and Drug Administration, 21 C.F.R. § 137.165.
(c) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from natural or synthetic sources, addition of minerals, by a combination of these methods, or by any method which is permitted by the United States Food and Drug Administration with respect to flour introduced into interstate commerce.
(d) The Secretary of the Department of Health is empowered with the authority and directed to change, or add to, the specifications for ingredients and the amounts thereof required to conform to the federal definition of enriched flour when promulgated or as may from time to time be amended.
(e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.
(f)(1)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-57-306
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. The source passage cites 20-57-306. This identifies an authority to review, not proof of applicability.