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20-61-203. Penalties — Injunction.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-61-203. Penalties — Injunction.
(a)(1)(A) Any person who violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500).
(B) However, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this subchapter if the receipt was made in good faith unless the person refuses to furnish on request of a representative of the Director of the Arkansas Bureau of Standards the name and address of the person from whom he or she received the article and copies of all documents, if there are any, pertaining to the delivery of the article to him or her.
(2) All distributors, processors, wholesalers, or retailers who are distributing or selling species of fish as catfish or catfish-like that are not within the definition of “catfish” or “catfish-like” under § 20-61-202 shall be in violation of this subchapter and shall be assessed a civil penalty of:
(A) Not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for a first violation;
(B) Not less than eight hundred dollars ($800) nor more than two thousand dollars ($2,000) for a second violation within three (3) years after the date of the first violation; and
(C) Not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) for a third violation within three (3) years after the date of the first violation.
(3) For a violation to be considered as a second or subsequent violation, it must be a repeat of the violation in subdivision (a)(2) of this section.
(4)(A) Any person subject to a civil penalty shall have a right to request
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-61-203
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:20-61-203
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 759a9c61db6bfefe2e4326f5e231d257b37ace403bbfd62dd401be419aa079c5
Source location: content.xml paragraph 31993
Stored source content
20-61-203. Penalties — Injunction.
(a)(1)(A) Any person who violates any provision of this subchapter for which no civil penalty is provided by this subchapter shall upon conviction be guilty of a violation and subject to a fine of not more than five hundred dollars ($500).
(B) However, no person shall be subject to penalties under this section for receiving for transportation any article in violation of this subchapter if the receipt was made in good faith unless the person refuses to furnish on request of a representative of the Director of the Arkansas Bureau of Standards the name and address of the person from whom he or she received the article and copies of all documents, if there are any, pertaining to the delivery of the article to him or her.
(2) All distributors, processors, wholesalers, or retailers who are distributing or selling species of fish as catfish or catfish-like that are not within the definition of “catfish” or “catfish-like” under § 20-61-202 shall be in violation of this subchapter and shall be assessed a civil penalty of:
(A) Not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for a first violation;
(B) Not less than eight hundred dollars ($800) nor more than two thousand dollars ($2,000) for a second violation within three (3) years after the date of the first violation; and
(C) Not less than one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500) for a third violation within three (3) years after the date of the first violation.
(3) For a violation to be considered as a second or subsequent violation, it must be a repeat of the violation in subdivision (a)(2) of this section.
(4)(A) Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.
(B) The State Plant Board is authorized to conduct the hearing after giving appropriate notice, and its decision shall be subject to judicial review.
(5)(A) If a violator has exhausted the administrative appeals and the civil penalty is upheld, the violator shall pay the civil penalty within twenty (20) calendar days after the date of the final decision.
(B) If the violator fails to pay the penalty, a civil action may be brought by the board in any court of competent jurisdiction to recover the penalty.
(C) Any civil penalty collected under this section shall be transmitted to the State Plant Board Fund.
(b) Nothing in this subchapter shall be construed as requiring the director to report for prosecution or for the institution of libel or injunction proceedings any minor violations of this subchapter whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.
(c)(1) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(2) Before the director reports a violation for prosecution, an opportunity shall be given the distributor or other affected person to present his or her views to the director.
(d)(1) The director 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 subchapter or any rule promulgated under this subchapter, notwithstanding the existence of other remedies at law.
(2) The injunction shall be issued without bond.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-61-202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Capable of use as human food” shall mean and shall apply to any catfish, catfish-like species, or part or product of catfish or a catfish-like species unless it is denatured or otherwise identified as required by rules prescribed by the Director of the Arkansas Bureau of Standards to deter its use as human food or unless it is naturally inedible by humans;
(2) “Catfish” means any species of the scientific family Ictaluridae;
(3) “Catfish-like” means any species of the scientific genus Pangasius, family Claridae, or family Siluridae;
(4) “Direct retail sale” means the sale of catfish or catfish-like products individually or in small quantities directly to the consumer;
(5) “Director” means the Director of the Arkansas Bureau of Standards;
(6) “Distributor” means any person offering for sale, exchange, or barter any catfish or catfish-like product destined for direct retail sale in Arkansas;
(7) “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a catfish or catfish-like product is offered for direct retail sale;
(8) “Labeling” means all labels and other written, printed, or graphic matter upon a catfish or catfish-like product, or any of its containers or wrappers, offered for direct retail sale;
(9) “Pay pond” means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit;
(10) “Person” shall include any individual, partnership, corporation, and association or other legal entity;
(11) “Processor” means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish or catfish-like products;
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-61-202
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 20-61-202. This identifies an authority to review, not proof of applicability.