2016 Arkansas Code
Title 3 - Alcoholic Beverages
Chapter 5 - Beer and Wine -- Manufacture, Sale, and Transportation Generally
Subchapter 8 - -- Native Wine Industry Disaster Relief Act
§ 3-5-805. Declaration of a relief program -- Effect

(a) Whenever, due to excessive heat, drought, flood, plant disease, or other natural disaster, the production of Arkansas-grown grapes, fruits, berries, or vegetables necessary to sustain the operation of native wineries on a full production basis is severely curtailed, upon petition therefor by one (1) or more native wineries licensed to do business in this state, and upon certification from the Agricultural Extension Service of the University of Arkansas that the production of such products has been curtailed due to natural disaster and outlining the estimated extent of the curtailment, the Director of the Department of Finance and Administration shall determine, within thirty (30) days, whether circumstances exist which justify the declaration of a native wine industry disaster relief program. In connection therewith, the director shall make independent studies and obtain information as he or she may deem appropriate or necessary to reach a proper decision in regard to the petition.

(b) (1) Upon conclusion of the studies, and in no event later than thirty (30) days after the date of the receipt of the petition, the director shall issue a ruling.

(2) If the director shall determine that circumstances justify the invoking of a native wine industry disaster relief program, as authorized in this subchapter and § 3-5-405 [repealed], he or she shall state in his order the facts which justify the establishment of the program, the anticipated loss in production of Arkansas-grown grapes, fruits, berries, or vegetables, or varieties thereof, to result from the natural disaster, and the duration for which the native wine industry disaster relief program shall extend.

(3) Copies of the order shall be filed by the director with each licensed native winery in this state and with other interested parties who may request copies of the order.

(c) During the period of the native wine industry disaster relief program, as determined by the director, native wineries in this state may acquire from sources outside this state supplies of grapes, fruits, berries, or vegetables within the percentage of their total consumption of such products as set forth by the director.