2020 Arkansas Code
Title 2 - Agriculture
Subtitle 2 - Agronomy
Chapter 16 - Plant Disease and Pest Control
Subchapter 6 - Arkansas Boll Weevil Suppression Eradication Act
§ 2-16-610. Designation of eradication zones — Prohibition of planting of cotton — Participation in suppression eradication program — Penalties
(a) The State Plant Board may designate by rule one (1) or more areas of this state as eradication zones where boll weevil eradication programs will be undertaken.
(b)
(1) The board may promulgate reasonable rules regarding areas where cotton cannot be planted within an eradication zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety.
(2) The board may issue rules prohibiting the planting of noncommercial cotton in such eradication zones, and requiring that all growers of commercial cotton in the eradication zones participate in a program of boll weevil eradication including cost sharing as prescribed in the rules.
(c) Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area.
(d)
(1) The board may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated eradication zones do not meet the requirements of rules issued by the board with respect to reporting of acreage and participation in cost sharing as prescribed by rule.
(2) The penalty fees shall not exceed a charge of twenty-five dollars ($25.00) per acre per year. Any such penalty is in addition to any assessments otherwise due, which assessments shall also remain payable.
(e)
(1) When a grower fails to meet the requirements of rules promulgated by the board, the board in eradication zones may destroy cotton not in compliance with such rules.
(2) Cost incurred by the board shall be assessed against the grower.
