Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 281 3
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By: Senator Gilmore 5
By: Representative Beaty Jr. 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW REGARDING AGRICULTURE; TO 9
ESTABLISH THE PRODUCER BILL OF RIGHTS FOR COMMODITY 10
CHECKOFF PROGRAMS ACT; TO REQUIRE CERTAIN ACTIONS 11
RELATED TO COMMODITY CHECKOFF PROGRAMS; AND FOR OTHER 12
PURPOSES. 13
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Subtitle 16
TO AMEND THE LAW REGARDING AGRICULTURE; 17
TO ESTABLISH THE PRODUCER BILL OF RIGHTS 18
FOR COMMODITY CHECKOFF PROGRAMS ACT; AND 19
TO REQUIRE CERTAIN ACTIONS RELATED TO 20
COMMODITY CHECKOFF PROGRAMS. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code Title 2, Chapter 1, is amended to add an 25
additional subchapter to read as follows: 26
Subchapter 4 — Producer Bill of Rights for Commodity Checkoff Programs Act 27
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2-1-401. Title. 29
This subchapter shall be known and may be cited as the "Producer Bill 30
of Rights for Commodity Checkoff Programs Act". 31
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2-1-402. Intent. 33
The General Assembly intends for this subchapter to improve the 34
commodity checkoff programs by: 35
(1) Ensuring producer control of funds; 36 SB281
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(2) Enhancing transparency; 1
(3) Increasing producer engagement; 2
(4) Improving record keeping and access to records; 3
(5) Identifying new efficiencies through cooperation amongst the 4
commodity checkoff programs; and 5
(6) Seeking to better account for investment returns to 6
producers. 7
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2-1-403. Applicability — Use of funds — Cooperation. 9
(a) This subchapter shall apply to the following commodity checkoff 10
programs: 11
(1) Arkansas Soybean Promotion Board, created under § 2 -20-404; 12
(2) Arkansas Wheat Promotion Board, created under § 2 -20-604; 13
(3) Arkansas Rice Research and Promotion Board, created under § 14
2-20-505; 15
(4) Arkansas Corn and Grain Sorghum Promotion Board, created 16
under § 2-20-804; 17
(5) Arkansas Catfish Promotion Board, created under § 2 -9-103; 18
(6) Arkansas Beef Council, created under § 2 -35-303. 19
(b)(1) Funds collected by a commodity checkoff program listed in 20
subsection (a) of this section shall be used only for purposes approved by 21
the commodity checkoff program and as provided by law. 22
(2) The funds shall not be used for general support of the 23
Department of Agriculture unless specifically authorized by the commodity 24
checkoff program. 25
(c) The commodity checkoff programs under subsection (a) of this 26
section shall consider opportunities to cooperate with each other to: 27
(1) Achieve efficiencies; 28
(2) Reduce duplicative efforts; and 29
(3) Strengthen efforts on common interests. 30
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2-1-404. Producer engagement. 32
(a)(1) A commodity checkoff program listed in § 2 -1-403(a) shall 33
publish on its website or on a related Department of Agriculture website a 34
notice of commodity checkoff program meetings. 35
(2) The commodity checkoff program shall: 36 SB281
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(A) Provide open access to the commodity checkoff program 1
meeting; 2
(B) Permit in-person or virtual attendance, as applicable; 3
(C) Encourage producer engagement at the meeting; and 4
(D) Publish on its website or on a related department 5
website a document that summarizes each commodity checkoff program meeting, 6
including without limitation any action taken by the commodity checkoff 7
program, documents presented at the meeting, and producer comments received 8
at the meeting. 9
(b)(1) A commodity checkoff program shall provide a producer portal on 10
the commodity checkoff program's website or a related department website that 11
allows the producer to provide public comment to the commodity checkoff 12
program. 13
(2) The department shall publish on its website a link to each 14
commodity checkoff program's website for ease of producer access. 15
(c) At least annually, a commodity checkoff program shall solicit 16
comment from producers engaged in the production of the relevant commodity to 17
seek input for research and promotion activities. 18
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2-1-405. Records — Reporting. 20
(a) A commodity checkoff program required to comply with this 21
subchapter shall make available and publish on the website of the commodity 22
checkoff program or a related Department of Agriculture website a copy of all 23
records maintained by the commodity checkoff program, including without 24
limitation the following: 25
(1) Meeting minutes; 26
(2) Financial reports; 27
(3) Nonconfidential and nonproprietary research reports; 28
(4) Promotion reports; 29
(5) Records related to use of funds; 30
(6) Nonconfidential and nonproprietary documents and 31
presentations provided during a meeting; and 32
(7) Meeting agendas, attachments, and, if available, recordings. 33
(b)(1)(A) A recipient of grant funds of ten thousand dollars ($10,000) 34
or more from a commodity checkoff program subject to this subchapter shall 35
provide an annual summary to the commodity checkoff program of the work done 36 SB281
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and value provided using the grant funds for each year of the life of the 1
grant. 2
(B) The summary provided under subdivision (b)(1)(A) of 3
this section shall include without limitation: 4
(i) Nonconfidential and nonproprietary detailed 5
information on the purpose of the project funded with grant funds from the 6
commodity checkoff program; 7
(ii) Project outcomes and findings; and 8
(iii) An estimated return on investment value or 9
value proposition. 10
(2) A commodity checkoff program shall maintain a log of all 11
research and research reports provided by a recipient on the commodity 12
checkoff program's website or a related department website. 13
(c) A report provided by a commodity checkoff program to the General 14
Assembly shall also be published on the commodity checkoff program's website 15
or a related department website. 16
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