2020 Arkansas Code
Title 2 - Agriculture
Subtitle 2 - Agronomy
Chapter 16 - Plant Disease and Pest Control
Subchapter 2 - Plant Act of 1917
§ 2-16-203. Penalty

(a) Any person who shall violate any provision or requirement of this subchapter or the rules made or of any notice given under this subchapter or who shall forge, counterfeit, deface, destroy, or wrongfully use any certificate provided for in this subchapter or in the rules made under this subchapter shall be guilty of a violation, and upon conviction he or she shall be punished by a fine of not more than one hundred dollars ($100).

(b)

1. (1)

   1. (A)

      1. (i) In a lawful proceeding respecting licensing, as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in addition to or in lieu of any other lawful disciplinary action, the State Plant Board may assess a civil penalty of not more than one thousand dollars ($1,000) for each violation of any statute, rule, or order enforceable by the board.

      2. (ii)

         1. (a) The board may assess a civil penalty greater than one thousand dollars ($1,000) but not more than twenty-five thousand dollars ($25,000) only if the board finds that a violation under this subdivision (b)(1)(A) is egregious.

         2. (b) A violation is egregious only if the application of one (1) of the following herbicides is used intentionally in violation of the federal labeling requirements or a state law or rule regarding its application:

            1. (1) Dicamba;

            2. (2) An auxin-containing herbicide; or

            3. (3) A new herbicide technology released after August 1, 2017.

               1. (A) The first one thousand dollars ($1,000) of the assessed penalty for scholarships through the Arkansas State Plant Board Scholarship program; and

               2. (B) The remainder divided as follows:

   2. (B) In no case shall a single application or drift incident by a pesticide applicator be considered multiple violations based on the number of complaints.

   3. (C) In no case shall the failure to meet minimum treating standards, except those that require a termiticide application, be considered a violation and subject to a civil penalty.

2. (2)

   1. (A) The board shall by rule establish a schedule designating the minimum and maximum civil penalty that may be assessed under this section for violation of each statute, rule, or order over which it has regulatory control.

   2. (B) The board may promulgate any other rule necessary to carry out the intent of this section.

3. (3) In the event of nonpayment of any civil penalty lawfully assessed under subdivision (b)(1) of this section, the civil penalty shall be recoverable in the name of the state by the Attorney General in Pulaski County Circuit Court or in the circuit court of the county in which the violation occurred.

4. (4)

   1. (A) All sums paid or recovered under this section shall be deposited into the State Treasury.

   2. (B)

      1. (i) Sums collected under special revenue programs shall be deposited into the Plant Board Fund.

      2. (ii) Sums collected under general services programs shall be deposited into the Miscellaneous Agencies Fund Account.

5. (5) All rules promulgated under this section shall be reviewed by the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development or subcommittees of the House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development.

(c) Moneys collected through a civil penalty assessed by the board shall be distributed as follows:

1. (1) For amounts up to one thousand dollars ($1,000), as currently used, including funding for the Arkansas State Plant Board Scholarship program; and

2. (2) For amounts more than one thousand dollars ($1,000):

   1. (i) Sixty percent (60%) for scholarships through the Arkansas State Plant Board Scholarship program; and

   2. (ii) Forty percent (40%) deposited into the University of Arkansas Fund to be used by the University of Arkansas Cooperative Extension Service.