2012 Arkansas Code
Title 2 - Agriculture
Subtitle 1 - General Provisions
Chapter 6 - Catfish Processor Fair Practices Act
§ 2-6-106 - Unlawful practices -- Penalties.

(a) (1) With respect to catfish or catfish products, it shall be unlawful for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice.

(2) If any person subject to this chapter violates any of the provisions of this chapter or of any order of the State Plant Board under this chapter relating to the purchase, sale, or handling of catfish, he or she shall be liable to the person injured for the full amount of damages sustained in consequence of the violation.

(b) This liability may be enforced either by complaint to the board or by suit in any circuit court of competent jurisdiction. This section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this section are in addition to those remedies.

(c) The board is authorized to apply for and the court is authorized 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 or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

(d) The board may assess civil penalties against any Class A registrant as follows:

(1) Not more than fifty dollars ($50.00) for each day payment to the producer is late under § 2-6-107(a)(2);

(2) Not more than one hundred dollars ($100) for each day payment to the producer is late under the contract between the registrant and the producer; and

(3) In instances where the registrant has paid a producer with an invalid or insufficient check, not more than two hundred dollars ($200) for each day the check is invalid or insufficiently funded.