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2017 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 62 - Animals
Subchapter 1 - General Provisions
§ 5-62-105. Exemptions
Universal Citation: AR Code § 5-62-105 (2017)
- (a) This subchapter does not prohibit any of the following activities:
- (1) Reasonably acting to protect a person or a person's property from damage;
- (2) Injuring or humanely killing an animal on the property of a person if the person is acting as a reasonable person would act under similar circumstances and if the animal is reasonably believed to constitute a threat of physical injury or damage to any animal under the care or control of the person;
- (3) Engaging in practices lawful under the Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq., or engaging in activities by or at the direction of any licensed veterinarian while following accepted standards of practice of the profession, including the euthanizing of an animal;
- (4) Rendering emergency care, treatment, or assistance, including humanely killing an animal, that is abandoned, ill, injured, or in distress related to an accident or disaster, or where there appears to be no reasonable probability that the life or usefulness of the animal can be saved, if the person rendering the emergency care, treatment, or assistance is:
- (A) Acting in good faith;
- (B) Not receiving compensation; and
- (C) Acting as a reasonable person would act under similar circumstances;
- (5) Performing generally accepted animal husbandry practices;
- (6) Performing professional pest control activities in a lawful manner;
- (7) Performing generally accepted training for or participating in a rodeo, equine activity, or competitive activity;
- (8) Engaging in generally accepted practices of animal identification;
- (9) Engaging in the taking of game or fish through hunting, trapping, or fishing, or engaging in any other activity authorized by Arkansas Constitution, Amendment 35, by § 15-41-101 et seq., or by any Arkansas State Game and Fish Commission regulation promulgated under either Arkansas Constitution, Amendment 35, or statute;
- (10) Conducting activities undertaken by research and education facilities or institutions that are:
- (A) Regulated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq., as in effect on January 1, 2009;
- (B) Regulated under the Health Research Extension Act of 1985, Pub. L. No. 99-158; or
- (C) Subject to any federal law or regulation governing animal research that is in effect on January 1, 2009; and
- (11) Applying generally accepted methods used to train dogs engaged in hunting, field trials, service work, obedience training, or any similar activities authorized by the Arkansas State Game and Fish Commission.
- (b) In addition to the exemptions in subsection (a) of this section, this subchapter does not prohibit a person from engaging in or performing conduct that is otherwise permitted under the laws of this state or of the United States, including without limitation agricultural activities, butchering, food processing, marketing, medical activities, zoological activities, or exhibitions.
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