Stricken language would be deleted from and underlined language would be added to present law.
Act 703 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 550 3
4
By: Senator Hill 5
By: Representative Painter 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING CERTAIN DUTIES OF 9
THE ARKANSAS LIVESTOCK AND POULTRY COMMISSION; TO 10
CHANGE THE NAME OF THE ARKANSAS LIVESTOCK AND POULTRY 11
COMMISSION TO THE ARKANSAS BOARD OF ANIMAL HEALTH; 12
AND FOR OTHER PURPOSES. 13
14
15
Subtitle 16
TO CHANGE THE NAME OF THE ARKANSAS 17
LIVESTOCK AND POULTRY COMMISSION TO THE 18
ARKANSAS BOARD OF ANIMAL HEALTH. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. Arkansas Code § 2 -5-204(a)(1), concerning the powers and 23
duties of the Department of Agriculture to administer the Livestock and 24
Poultry Special Revenue Fund, is amended to read as follows: 25
(1) Administer this subchapter and the Livestock and Poultry 26
Animal Health Special Revenue Fund; 27
28
SECTION 2. Arkansas Code § 2 -5-206(b), concerning fees collected under 29
the Commercial Bait and Ornamental Fish Act, is amended to read as follows: 30
(b) All fees collected under this subchapter shall be deposited into 31
the Livestock and Poultry Animal Health Special Revenue Fund to be used by 32
the department to administer this subchapter. 33
34
SECTION 3. Arkansas Code § 2 -6-106(e), concerning the collection of 35
civil penalties under the Arkansas Catfish Processor Fair Practices Act of 36 SB550
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1987, is amended to read as follows: 1
(e) Civil penalties collected under this chapter shall be deposited 2
into the Livestock and Poultry Animal Health Special Revenue Fund. 3
4
SECTION 4. Arkansas Code § 2 -10-104 is amended to read as follows: 5
2-10-104. Powers and duties of the Arkansas Livestock and Poultry 6
Commission Board of Animal Health — Definitions. 7
(a)(1) The Arkansas Livestock and Poultry Commission Board of Animal 8
Health shall: 9
(A) Have jurisdiction over milk and milk products marketed 10
in the State of Arkansas, including without limitation the base milk price 11
paid to an Arkansas milk producer; and 12
(B)(i) Require that an Arkansas milk producer receive 13
Class 1 prices for milk utilized or sold as fluid milk in this state. 14
(ii) Subdivision (a)(1)(B)(i) of this section applies 15
only to milk that is both produced in and sold as fluid milk within this 16
state. 17
(2) The commission board may: 18
(A) Revise the payment of Class 1 prices required under 19
subdivision (a)(1)(B)(i) of this section if Arkansas is no longer considered 20
a milk-deficit state; and 21
(B) Make, modify, and enforce rules that the commission 22
board deems necessary to effectively carry out this subsection. 23
(b) As used in this section: 24
(1) “Base milk price” means the top line of a milk producer's 25
milk check before deductions for quality premiums or discounts, 26
transportation costs, and cooperative administrative fees; 27
(2) “Class 1 price” means the price declared by the Federal Milk 28
Marketing Order No. 7; and 29
(3) “Fluid milk” means milk used for buttermilk, eggnog, 30
flavored, low-fat, skimmed, or whole milk. 31
32
SECTION 5. Arkansas Code § 2 -32-301 is repealed. 33
2-32-301. Equine monitoring by identification chips. 34
(a)(1) It is found and determined by the General Assembly that: 35
(A) The Arkansas Livestock and Poultry Commission has been 36 SB550
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authorized by the United States Department of Agriculture to develop and 1
administer a voluntary equine identification system; and 2
(B) Embedding a chip for the purpose of identifying an 3
animal can endanger the animal if not properly injected and placed. 4
(2) Therefore, it is the purpose of this section to establish 5
criteria for persons engaged in the voluntary embedding of chips for equine 6
identification. 7
(b) The commission shall promulgate rules setting forth training 8
requirements for the voluntary embedding or injecting a chip for purpose of 9
animal identification. 10
(c) The commission shall administer training and provide certification 11
upon satisfactory completion. 12
(d) The commission shall establish a fine for failure to obtain proper 13
certification before embedding or injecting a chip for the purpose of equine 14
animal identification. 15
16
SECTION 6. Arkansas Code §§ 2 -32-501 through 2-32-505 are amended to 17
read as follows: 18
2-32-501. Administrative penalties. 19
(a) The Arkansas Livestock and Poultry Commission Board of Animal 20
Health may impose administrative penalties not to exceed five thousand 21
dollars ($5,000) per violation against a person who violates any provision of 22
this subtitle or any rule adopted by the commission board under this 23
subtitle. 24
(b) The imposition of administrative penalties shall be conducted 25
under the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 26
(c) The commission board or the commission's board's designee may 27
issue subpoenas. 28
(d) If a person against whom an administrative penalty has been 29
imposed by the commission board as authorized under this section fails to pay 30
the penalty to the commission board, the commission board may file an action 31
to collect the administrative penalty in the circuit court of the county in 32
which the person resides. 33
34
2-32-502. Subpoenas — Refusal to testify. 35
(a) The Arkansas Livestock and Poultry Commission Board of Animal 36 SB550
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Health or a member of the commission board may issue a subpoena for a witness 1
to require his or her attendance and testimony before the commission board, 2
and to require the production of books, papers, and records in any proceeding 3
before the commission board that may be material to questions before the 4
commission board. 5
(b) The subpoena under subsection (a) of this section shall be served 6
by: 7
(1) The county sheriff of the county in which the person 8
resides; 9
(2) The deputy of the county sheriff; or 10
(3) Any other officer authorized by law to serve process in this 11
state. 12
(c) If a person fails or refuses to comply with a subpoena issued by 13
the commission board or a member of the commission board, or refuses to 14
testify or answer to a matter in which he or she may lawfully be 15
interrogated, the circuit court of the county in which the person is 16
domiciled, on application of the commission board may: 17
(1) In term time or vacation, issue an attachment for the 18
person; 19
(2) Compel the person to: 20
(A) Comply with the subpoena; 21
(B) Appear before the commission board; 22
(C) Produce the relevant documents; and 23
(D) Give his or her testimony upon matters as may be 24
lawfully required; and 25
(3) Punish for contempt a person who fails to obey an order 26
under this section, if the person disobeys a subpoena. 27
(d) If a person is not domiciled in this state, the circuit court of 28
the county in which the hearing is held or is to be held shall have 29
jurisdiction. 30
31
2-32-503. Administration of oath to witnesses. 32
A member of the Arkansas Livestock and Poultry Commission Board of 33
Animal Health or his or her attorney may administer an oath to any witness in 34
any hearing, investigation, or proceeding under this subtitle. 35
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2-32-504. Appellate review. 1
A person affected by a rule, action, or order made by the Arkansas 2
Livestock and Poultry Commission Board of Animal Health may obtain review of 3
the rule, action, or order under the Arkansas Administrative Procedure Act, § 4
25-15-201 et seq. 5
6
2-32-505. Disposition of fees and penalties. 7
(a) Fees paid and penalties collected under this subtitle shall be 8
deposited into the State Treasury as special revenues credited to the 9
Livestock and Poultry Commission Animal Health Disease and Pest Control Fund. 10
(b) Fees or penalties collected under this subtitle shall be cash 11
funds when received by the Treasurer of State and shall not be deposited into 12
or deemed a part of the State Treasury for the purpose of: 13
(1) Arkansas Constitution, Article 5, § 29; 14
(2) Arkansas Constitution, Article 16, § 12; 15
(3) Arkansas Constitution, Amendment 20; or 16
(4) Any other constitutional or statutory provision. 17
18
SECTION 7. Arkansas Code §§ 2 -33-101 through 2-33-105 are amended to 19
read as follows: 20
2-33-101. Creation of commission Arkansas Board of Animal Health . 21
There is created within the Department of Agriculture the Arkansas 22
Livestock and Poultry Commission Board of Animal Health . 23
24
2-33-102. Members. 25
(a)(1) The Arkansas Livestock and Poultry Commission Board of Animal 26
Health shall consist of nine (9) members who are residents and electors of 27
this state to be appointed by the Governor by and with the advice and consent 28
of the Senate for terms of five (5) years. 29
(2) At least two (2) No more than three (3) members of the 30
commission board shall be veterinarians, at least one (1) of whom shall be 31
engaged primarily in large animal or food supply veterinary medicine 32
consisting of one (1) veterinarian from each of the following practice areas: 33
(A) Poultry; 34
(B) Large animal; and 35
(C) General practice . 36 SB550
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(3) The remaining members shall be actively engaged in the 1
Arkansas livestock, dairy, or poultry industries. 2
(b) Each congressional district shall be represented by membership on 3
the commission board. 4
(c) The term of office shall commence on January 15 following the 5
expiration date of the preceding term and shall end on January 14 of the 6
fifth year following the year in which the term commenced. 7
(d) Any vacancies arising in the membership of the commission board 8
for any reason other than expiration of the terms for which the members were 9
appointed shall be filled by appointment by the Governor and be effective 10
until the expiration of the terms, subject to the confirmation of the Senate. 11
(e) Before entering upon his or her duties, each member of the 12
commission board shall take, subscribe, and file in the office of the 13
Secretary of State an oath to support the United States Constitution and the 14
Arkansas Constitution and to faithfully perform the duties of the office upon 15
which he or she is about to enter. 16
(f)(1) Members of the commission board shall receive no pay for their 17
services. 18
(2) Members of the commission board may receive expense 19
reimbursement and stipends in accordance with § 25 -16-901 et seq. 20
(g)(1) The commission board shall create a committee to make 21
recommendations to the commission board, including without limitation 22
recommendations regarding: 23
(A) Rulemaking; 24
(B) Disciplinary issues; 25
(C) Ethical complaints; and 26
(D) Evaluation of applications under the Arkansas 27
Veterinary Medical Practice Act, § 17 -101-101 et seq. 28
(2) The veterinary members of the commission board under 29
subdivision (a)(2) of this section shall be members of the committee. 30
(3) The Chair of the Arkansas Livestock and Poultry Commission 31
Board of Animal Health shall also designate an additional two (2) Arkansas 32
licensed veterinarians who are engaged primarily in small animal veterinary 33
medicine to serve on the committee. 34
35
2-33-103. Organization and meetings. 36 SB550
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(a) The Arkansas Livestock and Poultry Commission Board of Animal 1
Health shall from time to time select from its membership a chair Chair of 2
the Board of Animal Health and a vice chair. 3
(b)(1) The commission board shall adopt and may modify rules for the 4
conduct of its business and shall keep a record of its transactions, 5
findings, and determinations, which shall be public. 6
(2) Meetings of the commission board shall be called by the 7
Chair of the Arkansas Livestock and Poultry Commission chair or by four (4) 8
members of the commission board. 9
(c)(1) A majority of the membership of the commission board shall 10
constitute a quorum. 11
(2) A majority vote of those members present shall be required 12
for any action of the commission board. 13
(d) The Governor may remove a member of the commission board before 14
the expiration of his or her term for cause only, after notice and a hearing 15
in accordance with §§ 25 -17-210 and 25-17-211. 16
(e) All meetings shall be open to the public. 17
18
2-33-104. Director. 19
(a)(1) The Director of the Arkansas Livestock and Poultry Commission 20
Board of Animal Health shall be appointed by the Governor and shall serve at 21
the pleasure of the Governor. 22
(2) The director shall report to the Secretary of the Department 23
of Agriculture. 24
(b)(1) The secretary may delegate to the director any of the powers or 25
duties required to administer the: 26
(A) Statutory duties of the Arkansas Livestock and Poultry 27
Commission Board of Animal Health ; and 28
(B) Rules, orders, or directives promulgated or issued by 29
the commission board. 30
(2) The director may exercise the powers and duties delegated to 31
him or her under subdivision (b)(1) of this section in the name of the 32
commission board and of the Department of Agriculture. 33
34
2-33-105. State Veterinarian. 35
(a) The Secretary of the Department of Agriculture shall employ a 36 SB550
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State Veterinarian. 1
(b) The State Veterinarian shall be a person who has been granted the 2
degree of Doctor of Veterinary Medicine and holds a current license issued by 3
the Arkansas Livestock and Poultry Commission Board of Animal Health . 4
5
SECTION 8. Arkansas Code § 2 -33-107 is amended to read as follows: 6
2-33-107. Powers and duties generally. 7
(a) Authority for the control, suppression, and eradication of 8
livestock and poultry diseases and pests, and supervision of livestock and 9
poultry work in this state, including authority to promulgate rules governing 10
the handling, sale, and use of vaccines, antigens, and other biological 11
products used for reportable diseases and emergencies affecting livestock and 12
poultry, is vested in the Arkansas Livestock and Poultry Commission Board of 13
Animal Health. 14
(b) The commission Department of Agriculture shall have the authority 15
to: 16
(1) Enter into cooperative work agreements with any or all 17
federal agencies in matters relating to the functions performable by the 18
commission department including, but not limited to, general livestock and 19
poultry disease control programs; 20
(2) Receive and expend any moneys arising from federal means, 21
grants, contributions, gratuities, or reimbursements for or on account of any 22
of the functions at any time performable by the commission department; 23
(3) Cooperate with similar agencies existing in other states and 24
with the appropriate federal agencies and appropriate other agencies of this 25
state for the purpose of coordinating laws and rules governing the interstate 26
movement of livestock and poultry and the products producible therefrom, with 27
the view of safeguarding against animal diseases, insects, and pests and at 28
the same time endeavoring to eliminate interstate trade barriers; 29
(4) Cooperate with, and receive the cooperation of, all state -30
supported institutions of higher education in matters of mutual interest 31
relating to the development of the livestock and poultry interests of this 32
state; 33
(5) Cooperate with the state, district, and county livestock 34
show associations in the promotion and development of the livestock and 35
poultry industry of this state; 36 SB550
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(6) Contract and be contracted with; 1
(7) Take other action, not inconsistent with law, as it shall 2
deem necessary or desirable to effectively carry out its duties; 3
(8) Make modifications or adjustments in disease and pest 4
control and eradication activities and programs as it deems necessary or 5
appropriate to enable it to carry out its responsibilities with respect to 6
such activities and programs; 7
(9) Obtain, upon majority vote of the commission board, health 8
records of livestock and poultry, including records of livestock and poultry 9
produced, sold, processed, or otherwise handled, to enable it to effectively 10
administer and enforce its rules and laws relating to disease or pest control 11
and eradication programs; and 12
(10) Prescribe, by administrative rule, the method and manner 13
for testing and vaccination of livestock or poultry located within the state 14
but such authority shall not interfere with farmer vaccination of his or her 15
own product. 16
(c) The commission board shall have the authority to make, modify, and 17
enforce such rules and orders, not inconsistent with law, as it shall from 18
time to time deem necessary to effectively carry out the functions 19
performable by it. 20
21
SECTION 9. Arkansas Code § 2 -33-111(a) and (b), concerning the 22
promulgation of rules and fees collected by the Arkansas Livestock and 23
Poultry Commission related to livestock and poultry diagnostic services, are 24
amended to read as follows: 25
(a) The Arkansas Livestock and Poultry Commission Board of Animal 26
Health may promulgate rules concerning services performed by the Arkansas 27
Veterinary Diagnostic Laboratory. 28
(b)(1) A fee structure may be designed and maintained by the 29
commission Department of Agriculture for the purpose of defraying the cost of 30
diagnostic services. 31
(2)(A) The fees collected shall be deposited into the State 32
Treasury as special revenues and shall be credited to the Livestock and 33
Poultry Animal Health Special Revenue Fund. 34
(B) Before the close of each fiscal year, the Chief Fiscal 35
Officer of the State shall determine the amount of moneys which will remain 36 SB550
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at the end of the fiscal year into the account from fees collected under this 1
section and shall allow the moneys to be carried forward and made available 2
for the same purposes in the next succeeding fiscal year. 3
4
SECTION 10. Arkansas Code §§ 2 -33-113 and 2-33-114 are amended to read 5
as follows: 6
2-33-113. Disposition of fees and revenues. 7
All fees and revenues collected by the Arkansas Livestock and Poultry 8
Commission Department of Agriculture shall be deposited into the State 9
Treasury as special revenues to be credited to the Livestock and Poultry 10
Commission Animal Health Disease and Pest Control Fund. 11
12
2-33-114. Federal Arkansas Livestock and Poultry Commission Animal 13
Health Fund. 14
(a) There is created in the State Treasury a fund to be known as the 15
“Federal Arkansas Livestock and Poultry Commission Animal Health Fund”. 16
(b) Federal funds as may be allotted to the Arkansas Livestock and 17
Poultry Commission Department of Agriculture for maintenance and operation of 18
its cooperative programs with the United States Department of Agriculture 19
shall be deposited into the fund created in this section. 20
21
SECTION 11. Arkansas Code § 2 -33-301 is repealed. 22
2-33-301. Division of Markets and Grading. 23
There is established a Division of Markets and Grading of the Arkansas 24
Livestock and Poultry Commission which shall have the responsibility of 25
administering, under the direction of the commission, the provisions of the 26
Arkansas Egg Marketing Act of 1969, § 20 -58-201 et seq., as amended, and the 27
Poultry and Egg Grading Program authorized by this subchapter. 28
29
SECTION 12. Arkansas Code §§ 2 -33-303 through 2-33-308 are amended to 30
read as follows: 31
2-33-303. Poultry and egg grading program Egg Grading Program. 32
The Arkansas Livestock and Poultry Commission Department of Agriculture 33
is authorized to establish a Poultry and Egg Grading Program in this state 34
which shall be established in cooperation with the United States Department 35
of Agriculture and shall be in compliance with the applicable standards and 36 SB550
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requirements as prescribed by the United States Department of Agriculture for 1
federal poultry and egg grading purposes. 2
3
2-33-304. Providing of poultry and egg grading services. 4
(a)(1) The Arkansas Livestock and Poultry Commission Board of Animal 5
Health shall promulgate such reasonable rules and regulations for poultry and 6
egg grading in this state as may be necessary for the establishment and 7
enforcement thereof. 8
(2) The rules and regulations shall be in compliance with the 9
standards and requirements established by the United States Department of 10
Agriculture for poultry and egg grading purposes. 11
(b) The commission board may establish a formula or method of 12
prorating the cost of providing the poultry grading services among the 13
various processors or processing plants using the services. 14
(c)(1) Poultry and egg grading services shall be provided for only 15
those processors or processing plants who make application, who shall comply 16
with the rules and regulations promulgated by the commission board, and who 17
shall pay the cost of the services in accordance with regulations rules of 18
the commission board. 19
(2)(A) Any poultry or egg processor or egg processing plant 20
failing to pay the cost of the services in accordance with the regulations 21
rules promulgated by the commission board shall forfeit the right to have 22
poultry graded until the costs are paid. 23
(B) All unpaid costs shall be collectible by the 24
commission Department of Agriculture in the same manner provided by law for 25
collection of delinquent gross receipts taxes. 26
27
2-33-305. Intergovernmental cooperation. 28
The Arkansas Livestock and Poultry Commission Secretary of the 29
Department of Agriculture is authorized to cooperate with the appropriate 30
federal agencies and the appropriate agencies of this state and other states 31
for the purpose of coordinating laws and rules governing the interstate 32
movement of eggs and graded poultry with a view of safeguarding the public 33
health and quality of these products and at the same time endeavoring to 34
eliminate interstate trade barriers. 35
36 SB550
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2-33-306. Agreement with federal department. 1
The Arkansas Livestock and Poultry Commission Department of Agriculture 2
is authorized to enter into a cooperative agreement with the United States 3
Department of Agriculture whereby the commission Department of Agriculture 4
will bill poultry and egg processors in Arkansas for poultry and egg grading 5
and egg products inspection services performed by state and federal personnel 6
and will collect charges for these services and remit a portion thereof to 7
the United States Department of Agriculture for the services performed by 8
personnel of the United States Department of Agriculture in accordance with 9
the provisions of §§ 2-33-301 2-33-303 — 2-33-305, 2-33-307, and laws 10
amendatory thereto. 11
12
2-33-307. Poultry and Egg Grading Fund. 13
(a) All funds received by the Arkansas Livestock and Poultry 14
Commission Department of Agriculture for providing poultry and egg grading 15
services shall be deposited into the State Treasury. Upon receipt of the 16
funds, the Treasurer of State shall monthly credit them as special revenues 17
to an account to be known as the “Poultry and Egg Grading Fund”, to be used 18
for salaries, expenses, equipment, maintenance, operation, and administrative 19
expenses of the Poultry and Egg Grading Program of the commission as provided 20
by law. 21
(b) All funds collected by the commission Department of Agriculture 22
from poultry and egg processors for poultry and egg grading and egg products 23
inspection services shall be deposited into the State Treasury as special 24
revenues and shall be credited to the Poultry and Egg Grading Fund to be used 25
for funding the poultry and egg grading and egg products inspection program 26
and to make payments to the United States Department of Agriculture for 27
poultry and egg grading and poultry products inspection services performed by 28
employees of the United States Department of Agriculture. 29
30
2-33-308. Overtime compensation. 31
The Department of Agriculture is hereby authorized to pay ordinary, 32
customary, and necessary overtime compensation in accordance with rules 33
promulgated by the Chief Fiscal Officer of the State to those employees, 34
including egg and poultry grader supervisors, engaged in the inspection and 35
grading of eggs and poultry products under the Arkansas Livestock and Poultry 36 SB550
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Commission's Poultry and Egg Grading Program. 1
2
SECTION 13. Arkansas Code § 2 -34-106(b)(2), concerning the holding of 3
funds following a sale of livestock under questionable ownership, is 4
repealed. 5
(2)(A) If ownership of the animal is not established within 6
thirty (30) days, the funds shall be sent to the Arkansas Livestock and 7
Poultry Commission to be held for one (1) year from the date of receipt by 8
the commission. 9
(B) If ownership of the animal cannot be ascertained 10
during the one-year period stated in subdivision (b)(2)(A) of this section, 11
then after the expiration of the one -year period, the funds shall be 12
deposited into the Livestock and Poultry Fund Account. 13
14
SECTION 14. Arkansas Code § 2 -34-203 is amended to read as follows: 15
2-34-203. Conflicts of brands. 16
The Arkansas Livestock and Poultry Commission Board of Animal Health 17
shall serve as an adjusting committee in the matter of determining conflicts 18
of brands, and the decision of the committee board shall be final. 19
20
SECTION 15. Arkansas Code §§ 2 -34-205 and 2-34-206 are amended to read 21
as follows: 22
2-34-205. Custody of county brand records. 23
(a) All county brand records of the various counties of the state 24
shall be property of the Arkansas Livestock and Poultry Commission, and it 25
shall be unlawful for a county clerk to accept a brand for registry. 26
(b) The Department of Agriculture shall collect all county brand 27
record books and place them in its office and preserve them as public records 28
on behalf of the commission. 29
(c) The department shall furnish a record of any brand record in the 30
county record books to any person for a reasonable fee determined by the 31
department to offset the costs of furnishing the record. 32
33
2-34-206. State Brand Book. 34
(a) The Arkansas Livestock and Poultry Commission Department of 35
Agriculture shall publish the State Brand Book on its website, which shall 36 SB550
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contain a facsimile of each brand and mark that is registered with the 1
commission department showing the name and address of the owner, together 2
with the pertinent laws and rules pertaining to registration and 3
reregistration of brands and marks. 4
(b) The commission, on or before January 1, 1960, and every five (5) 5
years thereafter, shall publish the State Brand Book showing all the brands 6
recorded with the commission before December 1, 1959, and every five (5) 7
years thereafter. 8
(c) Supplements to the State Brand Book shall be published annually. 9
10
SECTION 16. Arkansas Code § 2 -34-208 is amended to read as follows: 11
2-34-208. Registration of brands. 12
(a) A person desiring to adopt a brand or to continue to use a brand 13
shall apply to the Arkansas Livestock and Poultry Commission Department of 14
Agriculture for the registration of the brand in the manner prescribed in 15
this section. 16
(b) The commission department shall prepare a standard form, which 17
shall be made available to those persons who desire to apply for a brand. 18
(c) An applicant shall show a front, rear, left, and right side view 19
of the animals upon which the brand will be eligible for registry. 20
(d) The brand location shall be designated in the following body 21
regions: head, right jaw, neck, shoulder, rib and right and left jaw, neck, 22
shoulder, rib and neck, right and left hip, thigh, and breeching. 23
(e) The applicant shall select at least three (3): 24
(1) Distinct brands and list them in the preferred order; and 25
(2) Locations on the animal and list them in preferred order. 26
(f) Applications for registration or reregistration shall be properly 27
signed and notarized and accompanied by a reasonable fee to be determined by 28
the commission department to offset the costs of administering this section. 29
(g) A brand, if approved and accepted by the commission department for 30
registry, shall be of good standing during the five -year period in which it 31
is recorded. 32
33
SECTION 17. Arkansas Code § 2 -34-210 is repealed. 34
2-34-210. Sale of book. 35
(a) The State Brand Book and all supplements to the State Brand Book, 36 SB550
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for a five-year period, shall be sold to the public for a reasonable fee to 1
be determined by the Arkansas Livestock and Poultry Commission to offset the 2
costs of producing the State Brand Book. 3
(b) A supplement to the State Brand Book shall be sold to the public 4
for a reasonable fee determined by the Department of Agriculture to offset 5
the costs of producing the supplement. 6
(c) The county clerk and the sheriff of each county shall receive 7
copies of the State Brand Book and all supplements to the State Brand Book 8
without cost to their county. 9
10
SECTION 18. Arkansas Code § 2 -34-212 is amended to read as follows: 11
2-34-212. Transfers of registered brands. 12
(a)(1) Only brands appearing in the current edition of the State Brand 13
Book and the supplements to the current edition of the State Brand Book on 14
the website of the Department of Agriculture shall be subject to sale, 15
assignment, transfer, devise, or bequest, the same as other personal 16
property. 17
(2)(A) The transfer of title shall be recorded with the Arkansas 18
Livestock and Poultry Commission department. 19
(B) The fee for recording a transfer of title shall be 20
determined by the commission department based on the costs of administering 21
this section. 22
(b)(1) All persons selling livestock branded with their brand recorded 23
in a current edition of the State Brand Book or supplements to the current 24
edition of the State Brand Book on the department's website shall execute a 25
written transfer of ownership to the purchaser. 26
(2) If the purchaser suffers damages due to seller's failure to 27
execute a written transfer of ownership, then the seller is liable for the 28
damages decided upon by a court of competent jurisdiction. 29
30
SECTION 19. Arkansas Code § 2 -34-214 is repealed. 31
2-34-214. Contracts for administration. 32
(a)(1) The Arkansas Livestock and Poultry Commission shall enter into 33
a contract with a private entity that operates primarily as a livestock 34
association to administer the registration and recording of marks and brands 35
under this subchapter. 36 SB550
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(2) When the commission enters into a contract under this 1
subsection, the commission shall: 2
(A) Compensate the private entity for its services; 3
(B) Appoint the private entity as an agent of the 4
commission for purposes of receiving fees allowed under this subchapter; and 5
(C) Except as provided in subsection (b) of this section, 6
direct the private entity to perform duties assigned to the commission or the 7
Deputy Director of the Arkansas Livestock and Poultry Commission under this 8
subchapter. 9
(b) The commission shall not contract with a private entity to 10
promulgate rules or set fees under this subchapter. 11
(c) Records concerning the administration of this subchapter are 12
subject to the Freedom of Information Act of 1967, § 25 -19-101 et seq., 13
regardless of whether the records are in the custody or control of the 14
commission or a private entity acting as an agent of the commission under 15
this section. 16
(d) A private entity entering into a contract with the commission 17
under this section shall: 18
(1) Make a monthly accounting to the commission of all funds 19
received by the private entity as an agency of the commission under this 20
section; and 21
(2) File with the commission a surety bond of a corporate surety 22
authorized to do business in this state in an amount determined by the 23
commission, conditioned on the faithful performance of the private entity's 24
duties and obligations as an agent of the commission under this subchapter. 25
26
SECTION 20. Arkansas Code § 2 -38-302(a)(2)(A)(ii), concerning the 27
imposition of a civil penalty by the Arkansas Livestock and Poultry 28
Commission for failing to retrieve trespassing livestock, is amended to read 29
as follows: 30
(ii) The Arkansas Livestock and Poultry Commission 31
Board of Animal Health may impose a civil penalty not to exceed five thousand 32
dollars ($5,000) per violation of this chapter or violation of any rules 33
promulgated under this chapter. 34
35
SECTION 21. Arkansas Code § 2 -38-502(a)(3), concerning verification by 36 SB550
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the Arkansas Livestock and Poultry Commission of a valid permit related to 1
feral hogs, is amended to read as follows: 2
(3) After providing verification that he or she has a valid 3
permit issued under rules established by the Arkansas Livestock and Poultry 4
Commission Board of Animal Health in accordance with 16 U.S.C. § 742j -1, as 5
it existed on January 1, 2019, upon determining that the permit applicant has 6
a bona fide need to kill feral hogs for protection of land, water, wildlife, 7
livestock, domesticated animals, human life, or crops, and not for a 8
recreational hunting purpose. 9
10
SECTION 22. Arkansas Code § 2 -38-503 is amended to read as follows: 11
2-38-503. Animal health requirements. 12
A feral hog shall be subject to animal health requirements established 13
by the Arkansas Livestock and Poultry Commission Board of Animal Health . 14
15
SECTION 23. Arkansas Code § 2 -38-505 is amended to read as follows: 16
2-38-505. Powers and duties of Arkansas Livestock and Poultry 17
Commission Board of Animal Health . 18
The Arkansas Livestock and Poultry Commission Board of Animal Health 19
may: 20
(1) Make, modify, and enforce the rules and orders the 21
commission board deems necessary to effectively carry out this subchapter; 22
(2) Establish and collect reasonable fees to administer and 23
enforce § 2-38-502(a)(3); and 24
(3)(A) Impose administrative penalties not to exceed one 25
thousand dollars ($1,000) per feral hog against a person who violates this 26
subchapter or a rule adopted by the commission board under this subchapter. 27
(B) The imposition of administrative penalties shall be 28
conducted under the Arkansas Administrative Procedure Act, § 25 -15-201 et 29
seq. 30
31
SECTION 24. Arkansas Code § 2 -40-103 is amended to read as follows: 32
2-40-103. Duties and enforcement. 33
(a) It is the duty of the Arkansas Livestock and Poultry Commission 34
Board of Animal Health to: 35
(1) Inquire into and investigate all outbreaks of contagious or 36 SB550
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infectious disease of animals; 1
(2) Establish and promulgate rules in regard to isolation or 2
quarantine of infected animals, disinfection of animals and premises, 3
destruction of incurably diseased animals, and disposal of carcasses as it 4
may deem necessary to prevent the spread of disease; 5
(3) Promulgate rules for the protection of areas from which 6
animal diseases may be eradicated; and 7
(4) Draft rules for compensation for owners of exposed or 8
diseased animals and contaminated equipment or other material unsuitable for 9
proper disinfection or destroyed, or for others for any other necessary 10
expenses or for any other purpose, indemnity being subject to available 11
funds. 12
(b) Any federal veterinary inspector working in Arkansas cooperating 13
with the commission Department of Agriculture shall have the power of 14
enforcing the rules of the commission board. 15
16
SECTION 25. Arkansas Code § 2 -40-106 is amended to read as follows: 17
2-40-106. Examinations and findings. 18
(a)(1) Any veterinary inspector or other employee duly authorized by 19
the Arkansas Livestock and Poultry Commission Department of Agriculture shall 20
have the privilege of entering upon any property or premises in this state 21
for the purpose of examining or testing animals which he or she has reason to 22
believe are affected with a contagious or infectious disease so as to 23
constitute a menace to the livestock and poultry of the community. 24
(2) He or she may call on one (1) or more peace officers. It 25
shall be their duty to give him or her all assistance in their power. 26
(b)(1) When ordered by the State Veterinarian, owners or persons in 27
charge of animals shall assemble them at a designated time and place for the 28
purpose of examining, testing, treating, necropsy, disinfecting, or for any 29
other purpose. 30
(2)(A) If after examination of suspected animals the veterinary 31
inspector shall find them to be affected with any reportable disease, he or 32
she shall furnish the owner or person in charge of the animals with a report 33
of his or her findings and with a copy of the existing law and rules of the 34
commission Arkansas Board of Animal Health in regard to the disease. 35
(B) Any person who, after notification, shall fail to 36 SB550
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comply with the rules shall be guilty of an administrative penalty. He or she 1
shall also be liable for damages to others due to infection from his or her 2
stock. 3
4
SECTION 26. Arkansas Code § 2 -40-109 is amended to read as follows: 5
2-40-109. Destruction of diseased poultry flocks. 6
(a) When the Arkansas Livestock and Poultry Commission Department of 7
Agriculture determines that any flock of chickens, turkeys, ducks, geese, or 8
other poultry is infected with a reportable disease, the flock may be 9
depopulated or condemned and properly disposed of to prevent the spread of 10
the disease. 11
(b) The commission Arkansas Board of Animal Health is authorized to 12
adopt rules to prescribe the procedures for condemning a diseased poultry 13
flock as authorized in this section. 14
15
SECTION 27. Arkansas Code §§ 2 -40-206 through 2-40-210 are amended to 16
read as follows: 17
2-40-206. Funding of bovine disease program. 18
(a)(1)(A) In order to fund or partially fund the bovine disease 19
control and eradication program, there is levied a fee of one dollar ($1.00) 20
per head on all cattle sold in this state to be used for the bovine disease 21
control and eradication program. 22
(B)(i) However, if the Director of the Arkansas Livestock 23
and Poultry Commission Board of Animal Health determines there is an 24
emergency, the Arkansas Livestock and Poultry Commission Board of Animal 25
Health may promulgate a rule to temporarily raise the fee set in subdivision 26
(a)(1)(A) of this section after receiving approval of the rule from the 27
Legislative Council or, if the General Assembly is in session, the Joint 28
Budget Committee. 29
(ii) A rule adopted to raise the fee under this 30
subdivision (a)(1)(B) shall be effective only during the period of time the 31
emergency persists or for one (1) year, whichever is shorter. 32
(iii) If an emergency persists after one (1) year, 33
the commission board may promulgate a rule to extend the increased fee for 34
additional one-year periods by following the procedures stated in subdivision 35
(a)(1)(B)(i) of this section each year the rule increasing the fee is to be 36 SB550
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effective. 1
(iv) The commission board shall not adopt an 2
emergency rule to raise the fee under this subdivision (a)(1)(B). 3
(2) The fee shall not be assessed on the resale of any cattle 4
within ten (10) calendar days after the prior sale if the fee was paid on the 5
prior sale. 6
(b)(1) The fee shall be collected by the purchaser and remitted 7
monthly to the Secretary of the Department of Finance and Administration, 8
except that if the sale occurs through a livestock auction market or any 9
other agent of the seller, the livestock auction market or other agent shall 10
collect and remit the fee. The Secretary of the Department of Finance and 11
Administration may promulgate such rules as he or she deems necessary to 12
implement the collection of the fee. 13
(2)(A) After deducting three percent (3%) for credit to the 14
Constitutional Officers Fund and the State Central Services Fund, the 15
remainder of funds so remitted to the Secretary of the Department of Finance 16
and Administration shall be deposited into the State Treasury as special 17
revenues and credited to the Livestock and Poultry Commission Animal Health 18
Disease and Pest Control Fund. 19
(B) Before the close of each fiscal year, the Chief Fiscal 20
Officer of the State shall determine the amount of funds which will remain at 21
the end of the fiscal year in the Livestock and Poultry Commission Animal 22
Health Disease and Pest Control Fund from fees collected under the provisions 23
of this section. He or she shall allow such funds to be carried forward and 24
made available for the same purposes in the next -succeeding fiscal year. 25
(C) The Secretary of the Department of Finance and 26
Administration shall release all information related to the fee levied per 27
head on all cattle sold in the state to be used for the bovine disease 28
control and eradication fund when requested by the Secretary of the 29
Department of Agriculture. 30
31
2-40-207. Costs of on-the-farm calfhood vaccinations. 32
The costs of on-the-farm calfhood vaccination performed by the Arkansas 33
Livestock and Poultry Commission Department of Agriculture shall be paid from 34
state or federal funds. Nothing herein shall be construed to prohibit a 35
livestock owner from contracting with and compensating a veterinarian for 36 SB550
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vaccinating his or her livestock. Veterinarians shall not charge both the 1
livestock owner and the state or federal government for the same calfhood 2
vaccination. 3
4
2-40-208. Inspection of livestock markets. 5
(a)(1) The Arkansas Livestock and Poultry Commission Board of Animal 6
Health shall prescribe minimum sanitary and health standards for livestock 7
markets in the state to promote and protect the health of livestock handled 8
at these markets and the health of personnel working in the markets. 9
(2) The commission Department of Agriculture or its agents shall 10
periodically inspect the markets for compliance with the sanitary and health 11
standards. 12
(b)(1) If the commission department or its agents find that any market 13
is not in compliance with such standards, it shall notify the operator of the 14
market, in writing, of areas in which the market is out of compliance. 15
(2) The market operator shall, within fifteen (15) days after 16
receipt of the notice, certify to the commission department the steps it has 17
taken to comply with the standards. 18
(c)(1)(A) If the operator fails to respond or if the commission 19
department or its agents determine that the market has not complied with the 20
health, safety, and sanitation standards, the board may order the market 21
shall be inspected by a committee consisting of: 22
(i) One (1) livestock market representative; 23
(ii) Two (2) livestock producers; and 24
(iii) The State Veterinarian. 25
(B) Members of the committee shall be appointed by the 26
chair of the commission, and these members shall be from outside the 27
livestock market's trade area. 28
(2) If the committee finds that the market does not meet the 29
prescribed sanitary standards, the commission shall order the market closed 30
immediately until the market is found to be in compliance with the health and 31
sanitation standards. 32
(3) Members of the commission may receive expense reimbursement 33
and stipends in accordance with § 25 -16-901 et seq closed until the market is 34
found to be in compliance with the health, safety, and sanitation standards . 35
36 SB550
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2-40-209. Quarantine — Violations. 1
(a) The Arkansas Livestock and Poultry Commission Board of Animal 2
Health is authorized to adopt appropriate rules regarding the isolation or 3
quarantine of infected, exposed, or suspected infected livestock or poultry. 4
(b) Any person or entity who violates the quarantine rules lawfully 5
promulgated by the commission board shall be subject to an administrative 6
penalty. 7
8
2-40-210. Control and eradication of brucellosis. 9
(a)(1) Any bovine herd infected with or directly exposed to 10
brucellosis shall be depopulated at the discretion of and subject to the 11
rules of the Arkansas Livestock and Poultry Commission Board of Animal 12
Health. 13
(2) The herd or herds shall be identified and destroyed within 14
thirty (30) days of written order to the owner or owners. 15
(3)(A) The owners will be notified by delivery of the order or 16
by certified mail. 17
(B) One (1) extension of thirty (30) days, if presented in 18
writing to the commission Department of Agriculture , will be considered in 19
extenuating circumstances. 20
(b) The commission board shall adopt appropriate rules concerning 21
depopulation, negotiation, and hearing procedures. 22
(c)(1) The State Veterinarian or his or her designated representative 23
will negotiate with the owner through the use of available federal and state 24
funds to depopulate brucellosis -infected or exposed bovine herds. 25
(2) If the State Veterinarian and the herd owner are unable to 26
arrive at an agreement to depopulate infected or exposed bovine herds, the 27
commission board, on advice of the State Veterinarian and in public meeting, 28
is authorized to issue a written order to depopulate a herd and to provide 29
indemnification to the herd owner at the current established per -head rate, 30
with such indemnification to be paid from federal and state funds available 31
therefor. 32
(3)(A) Should the herd owner desire, the commission board will 33
hear testimony by the owner and any witnesses he or she desires to present 34
arguments as to why the herd or herds should not be depopulated. 35
(B) Following the hearing, the commission board shall 36 SB550
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determine whether to affirm or repeal its order to depopulate. 1
(d) Any person or entity who violates the provisions of this section 2
shall be subject to an administrative penalty. 3
4
SECTION 28. Arkansas Code § 2 -40-401 is amended to read as follows: 5
2-40-401. Definitions. 6
As used in this subchapter, unless the context otherwise requires: 7
(1) “Approved incineration” means a method of incineration 8
approved by the commission Arkansas Board of Animal Health ; 9
(2) “Commission” means the Arkansas Livestock and Poultry 10
Commission created by § 2 -33-101; 11
(3) “Fowl” shall include all domesticated avian species; 12
(4)(3) “Fowl carcasses” means carcasses of fowl which died as 13
the result of sickness, suffocation, accident, or from any cause other than 14
intentional slaughter; and 15
(5)(4) “Responsible person” means the person who has the direct 16
responsibility for the day -to-day care of the fowl involved. 17
18
SECTION 29. Arkansas Code §§ 2 -40-403 and 2-40-404 are amended to read 19
as follows: 20
2-40-403. Requirements. 21
The Arkansas Livestock and Poultry Commission Board of Animal Health 22
shall, by rule, specify acceptable methods for the disposal of fowl 23
carcasses, including, but not limited to: 24
(1) Composting of carcasses; 25
(2) Cremation or incineration; 26
(3) On-farm freezing; and 27
(4) Rendering. 28
29
2-40-404. Specifications. 30
The Arkansas Livestock and Poultry Commission Board of Animal Health 31
shall, by rule, specify acceptable methods of the disposal of fowl carcasses 32
in the event of a major die -off. 33
34
SECTION 30. Arkansas Code § 2 -40-508 is amended to read as follows: 35
2-40-508. Legislative intent. 36 SB550
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It is the intent of the General Assembly that the Arkansas Livestock 1
and Poultry Commission Department of Agriculture will continue to vaccinate 2
heifers on the farm and at the sale barns for brucellosis and will carry out 3
all the practices of the commission which have brought the state to its 4
current near brucellosis-free status. 5
6
SECTION 31. Arkansas Code § 2 -40-801(1), concerning the definition of 7
"accredited veterinarian" under the equine infectious anemia law, is amended 8
to read as follows: 9
(1) “Accredited veterinarian” means a veterinarian licensed by 10
the Arkansas Livestock and Poultry Commission Board of Animal Health and 11
approved by the United States Animal and Plant Health Inspection Service to 12
perform functions required for state or cooperative state and federal animal 13
disease control and eradication programs; 14
15
SECTION 32. Arkansas Code § 2 -40-801(6), concerning the definition of 16
"authorized agent" under the equine infectious anemia law, is amended to read 17
as follows: 18
(6) “Authorized agent” means a person who has been authorized by 19
the Arkansas Livestock and Poultry Commission Department of Agriculture to 20
act on its behalf in making investigations and inspections and performing 21
other services or acts which have been defined by this subchapter; 22
23
SECTION 33. Arkansas Code § 2 -40-801(8), concerning the definition of 24
"certified equine infectious anemia verifier" or "certified EIA verifier" 25
under the equine infectious anemia law, is amended to read as follows: 26
(8) “Certified equine infectious anemia verifier” or “certified 27
EIA verifier” means any certificate holder having completed the prescribed 28
training course co-sponsored by the Arkansas Livestock and Poultry 29
Commission, the University of Arkansas Cooperative Extension Service, and the 30
Arkansas Horse Council, Inc. ; 31
32
SECTION 34. Arkansas Code § 2 -40-801(9), concerning the definition of 33
"commission" under the equine infectious anemia law, is repealed. 34
(9) “Commission” means the Arkansas Livestock and Poultry 35
Commission; 36 SB550
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1
SECTION 35. Arkansas Code § 2 -40-801(21), concerning the definition of 2
"official equine infectious anemia test" or "official EIA test" under the 3
equine infectious anemia law, is amended to read as follows: 4
(21) “Official equine infectious anemia test” or “official EIA 5
test” means the agar gel immunodiffusion (AGID) test, also known as the 6
“Coggins” test, the competitive enzyme -linked immunosorbent assay (CELISA) 7
test, the synthetic antigen enzyme linked immunosorbent assay (SA -ELISA) test 8
and any other United States Department of Agriculture licensed tests approved 9
by the commission Department of Agriculture ; 10
11
SECTION 36. Arkansas Code § 2 -40-801(23)(A), concerning the definition 12
of "permit" or "permit for movement" under the equine infectious anemia law, 13
is amended to read as follows: 14
(23)(A) “Permit” or “permit for movement” means an official 15
document issued by the commission Department of Agriculture , a representative 16
of a Veterinary Services Endorsement Office, or an accredited veterinarian 17
authorizing the movement of a reactor or exposed equidae to a quarantined 18
holding facility, an approved slaughter facility, or approved quarantined 19
premise. 20
21
SECTION 37. Arkansas Code § 2 -40-801(24), concerning the definition of 22
"quarantine" under the equine infectious anemia law, is amended to read as 23
follows: 24
(24) “Quarantine” means a written notice or order issued by the 25
commission Department of Agriculture showing the boundaries of the area or 26
premise affected, the equidae restricted, and the restrictions, if any; 27
28
SECTION 38. Arkansas Code § 2 -40-801(25), concerning the definition of 29
"quarantined holding facility" under the equine infectious anemia law, is 30
amended to read as follows: 31
(25) “Quarantined holding facility” means a quarantined premise 32
approved by the commission Department of Agriculture to handle reactors or 33
exposed equidae; 34
35
SECTION 39. Arkansas Code § 2 -40-801(27), concerning the definition of 36 SB550
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"regulatory veterinarian" under the equine infectious anemia law, is amended 1
to read as follows: 2
(27) “Regulatory veterinarian” means a veterinarian employed by 3
or acting as an agent for the commission Department of Agriculture ; and. 4
5
SECTION 40. Arkansas Code § 2 -40-801(28), concerning the definition of 6
"research facility" under the equine infectious anemia law, is repealed. 7
(28) “Research facility” means any facility that meets or 8
exceeds the standards and requirements set forth by United States Animal and 9
Plant Health Inspection Services and the commission for equine infectious 10
anemia research. 11
12
SECTION 41. Arkansas Code § 2 -40-804(a)(3), concerning the written 13
proof of a negative current official equine infectious anemia test, is 14
amended to read as follows: 15
(3) Written proof of a negative current official equine 16
infectious anemia test shall be made available in the form of negative 17
results from an approved laboratory upon request made by an authorized 18
representative of the Arkansas Livestock and Poultry Commission Department of 19
Agriculture or the owner, lessee, or caretaker of a neighboring herd. 20
21
SECTION 42. Arkansas Code § 2 -40-804(b)(2), concerning the failure to 22
furnish proof of negative current official equine infectious anemia test, is 23
amended to read as follows: 24
(2) After January 1, 1998, failure to furnish proof of negative 25
current official equine infectious anemia test to an authorized agent of the 26
commission department may result in quarantine and penalties prescribed by § 27
2-40-826 and § 2-40-827 [repealed]. 28
29
SECTION 43. Arkansas Code §§ 2 -40-805 through 2-40-809 are amended to 30
read as follows: 31
2-40-805. Equidae identification requirements. 32
All equidae domiciled within Arkansas and over the age of six (6) 33
months or weaned from a mare shall be positively identified on the official 34
equine infectious anemia test form by an accredited veterinarian or an agent 35
of the Arkansas Livestock and Poultry Commission Department of Agriculture by 36 SB550
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means of distinctive markings, color patterns, previous brand, previous 1
tattoo, previously implanted electronic transponder number, permanent scars, 2
other blemishes, cowlicks, whorls, lip tattoo, hot brand or freeze brand 3
before an equine infectious anemia test. 4
5
2-40-806. Authority to require test. 6
Any equidae which have been within four hundred forty yards (440 yds.) 7
of a reactor shall be subject to testing by the Arkansas Livestock and 8
Poultry Commission Department of Agriculture , the State Veterinarian, or 9
their agents if the exposure to the reactor occurred no more than thirty (30) 10
days before the testing of the reactor. 11
12
2-40-807. Personnel authorized to collect blood samples. 13
All samples collected from equidae for equine infectious anemia testing 14
shall be collected by an accredited veterinarian, the State Veterinarian, or 15
other Arkansas Livestock and Poultry Commission -authorized personnel 16
authorized by the Department of Agriculture . 17
18
2-40-808. Submission of sample and test charts. 19
(a) All blood samples submitted for official equine infectious anemia 20
tests must be accompanied by a properly completed VS Form 10 -11 (Equine 21
Infectious Anemia Laboratory Test Form) or other form prescribed by the 22
Arkansas Livestock and Poultry Commission Department of Agriculture . 23
(b) Proof of a negative equine infectious anemia test may be 24
demonstrated through presentation of: 25
(1) The original test record document; 26
(2) An official electronic copy, as defined by the commission 27
Arkansas Board of Animal Health ; and 28
(3) Other forms as may be prescribed by the commission board. 29
30
2-40-809. Requirements for Arkansas -approved equine infectious anemia 31
testing laboratories. 32
No person, firm, or corporation shall initiate operation of an equine 33
infectious anemia testing laboratory without first obtaining approval from 34
the Arkansas Livestock and Poultry Commission Department of Agriculture . 35
36 SB550
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SECTION 44. Arkansas Code § 2 -40-812(a), concerning the quarantine of 1
reactors under the equine infectious anemia law, is amended to read as 2
follows: 3
(a)(1) All reactors shall be quarantined by an authorized agent of the 4
commission Department of Agriculture to the premises of origin or other 5
premises designated by the owner and approved by the Arkansas Livestock and 6
Poultry Commission department. 7
(2) The quarantine shall restrict the reactors, all other 8
equidae on the premises, and all equidae epidemiologically determined by the 9
commission department to have been exposed to a reactor. 10
(3) All equidae on affected premises shall be isolated at least 11
four hundred forty yards (440 yds.) away from all equidae on adjacent 12
premises and at least four hundred forty yards (440 yds.) from any public 13
road. 14
(4) It is the responsibility of the owner of reactors to 15
maintain those animals in isolation at least four hundred forty yards (440 16
yds.) away from any public road and all other equidae. 17
(5) The quarantine may be released by an authorized agent of the 18
commission department after all quarantined equidae in the affected herd test 19
negative to an official equine infectious anemia test not less than sixty 20
(60) days nor more than eighty (80) days following the identification and 21
removal of the last reactor, or as determined by the designated 22
epidemiologist. 23
24
SECTION 45. Arkansas Code § 2 -40-815(a), concerning the testing 25
requirements for affected herds under the equine infectious anemia law, is 26
amended to read as follows: 27
(a) All equidae determined to have been on the same premises as a 28
reactor at the time the reactor was bled shall be tested by an accredited 29
veterinarian or an authorized agent of the Arkansas Livestock and Poultry 30
Commission Department of Agriculture at the owner's expense sixty to eighty 31
(60-80) days after the reactor's last positive test result. 32
33
SECTION 46. Arkansas Code § 2 -40-816(d) and (e), concerning the 34
movement of reactors and exposed animals under the equine infectious anemia 35
law, are amended to read as follows: 36 SB550
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(d)(1) Any other move such as a change in location of a reactor or 1
exposed equidae to an alternate quarantined premise must be approved in 2
advance following an epidemiological investigation by the State Veterinarian 3
or other designated Arkansas Livestock and Poultry Commission Department of 4
Agriculture personnel. 5
(2) The movement must also be accompanied by a permit for 6
movement. 7
(e) If a change in destination becomes necessary, a new permit must be 8
issued by commission-authorized department personnel or the regulatory 9
veterinarian. 10
11
SECTION 47. Arkansas Code § 2 -40-817 is amended to read as follows: 12
2-40-817. Requirements for quarantined holding facilities. 13
(a)(1) A person desiring to operate a quarantined holding facility 14
must file an application for approval of the facility on forms provided by 15
the Arkansas Livestock and Poultry Commission Department of Agriculture . 16
(2) The facility must have an area where equidae testing 17
positive to an official equine infectious anemia test and exposed equidae are 18
kept, and where the equidae are isolated and confined at least four hundred 19
forty yards (440 yds.) from all other equidae at all times. 20
(3) The facility must be approved by the commission department 21
under an inspection of the premises before the issuance of the license. 22
(b) Failure to maintain the reactors and exposed equidae in 23
confinement and isolation at least four hundred forty yards (440 yds.) from 24
all other equidae at all times is a violation of this subchapter. 25
(c)(1) All equidae held in a quarantined holding facility must be 26
shipped directly to an approved slaughter facility without diversion. 27
(2) An animal moved from a quarantined holding facility may not 28
go through any livestock auction facility before shipment to slaughter. 29
(3) All movements from a quarantined holding facility must be 30
accompanied by a permit for movement. 31
(d) All equidae entering or within an approved quarantine holding 32
facility shall be branded or show evidence of an “S” brand on the top of the 33
left hip or a “71A” brand or other brand prescribed by the commission 34
department on the left shoulder or neck, not less than two inches (2 ″) in 35
height. 36 SB550
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(e) No equidae may be held over twenty (20) days. 1
(f) A quarantine pen must be clearly identified by a sign or paint 2
using the word “Quarantined” on all sides. Letters of the sign must be a 3
minimum of one foot (1 ′) in height. 4
(g) Failure to comply with this subchapter shall be cause for 5
cancellation of approval by the commission department. 6
7
SECTION 48. Arkansas Code §§ 2 -40-819 through 2-40-821 are amended to 8
read as follows: 9
2-40-819. Testing requirements for change of ownership. 10
(a)(1)(A) All equidae which are sold, bartered, traded, given free of 11
charge, or offered for sale, or any horses otherwise exchanged for any reason 12
within Arkansas except at approved markets must be accompanied by a record of 13
a negative equine infectious anemia test conducted at an approved laboratory 14
within the previous six (6) months. 15
(B) Proof of a negative equine infectious anemia test may 16
be demonstrated through presentation of: 17
(i) The original test record document; 18
(ii) An official electronic copy, as defined by the 19
Arkansas Livestock and Poultry Commission Board of Animal Health ; and 20
(iii) Other forms as may be prescribed by the 21
Arkansas Livestock and Poultry Commission board. 22
(C) A foal less than six (6) months of age is exempt from 23
the testing requirements if the foal is accompanied by, nursing, and included 24
in change of ownership with a negative tested mare. 25
(D) A foal sold separately is required to have a negative 26
current official equine infectious anemia test. 27
(2) On all private sales, trades, or barters, that is, any sale 28
other than through an approved market, both the buyer and seller are equally 29
and individually responsible for meeting the equine infectious anemia testing 30
requirements before the sale or change of ownership. 31
(b) Notwithstanding the provisions of subsection (a) of this section, 32
with respect to a horse claimed in a claiming race run at a licensed 33
racetrack regulated by the Arkansas Racing Commission, the Arkansas Livestock 34
and Poultry Commission board may require: 35
(1) The negative equine infectious anemia test to have been 36 SB550
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conducted at an approved laboratory within the previous twelve (12) months, 1
rather than the previous six (6) months; 2
(2) Any negative equine infectious anemia test required to be 3
conducted within the last six (6) months to be conducted after the race and 4
after title and risk of loss have passed to the buyer; or 5
(3) That the requirements of both subdivisions (b)(1) and (2) of 6
this section be met. 7
8
2-40-820. Movement of equidae through approved market. 9
(a) All equidae offered for sale or sold at approved markets must: 10
(1) Be accompanied by written proof of a negative equine 11
infectious anemia test conducted within the last six (6) months; 12
(2) Have a blood sample collected by an accredited veterinarian 13
and test negative to an official equine infectious anemia test performed by 14
an approved laboratory before the animal leaves the market; 15
(3) Have a blood sample collected by an accredited veterinarian 16
or an authorized agent of the Arkansas Livestock and Poultry Commission 17
Department of Agriculture at the market and be quarantined to the market 18
until negative results are received from an approved laboratory; 19
(4) Be “S” branded and consigned to slaughter before receiving 20
test results; or 21
(5) Be allowed to return to their premises of origin before 22
unloading and before consignment and be quarantined to the premises of origin 23
until tested negative. The equidae must be tested within thirty (30) days. 24
(b) Proof of a negative equine infectious anemia test may be 25
demonstrated through presentation of: 26
(1) The original test record document; 27
(2) An official electronic copy, as defined by the commission 28
Arkansas Board of Animal Health ; and 29
(3) Other forms as may be prescribed by the commission board. 30
(c) A foal less than six (6) months of age sold with and nursing a 31
negative-tested mare is exempt from the testing requirements of this 32
subchapter. 33
(d)(1) A known reactor or known exposed equidae shall not be consigned 34
for sale at an approved market unless permitted by authorized commission 35
department personnel. 36 SB550
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(2) An animal which is found to be a reactor or exposed through 1
testing conducted at an approved market must be maintained in a quarantine 2
pen and isolated from all other equidae in the sale facility. 3
(3)(A) The quarantine pen must be clearly identified by sign or 4
paint using the word “Quarantined” on all sides. 5
(B) Letters must be one foot (1 ′) high. 6
(e) It is the market owner's responsibility to make sure that all 7
equines sold meet these requirements. 8
9
2-40-821. Requirements of equidae participating in equine activities. 10
(a) All equidae moving within the state to equidae exhibitions, 11
including, but not limited to, fairs, livestock shows, breed association 12
shows, rodeos, trail rides, parades, team pennings, team ropings, racetracks, 13
or other equidae concentration points shall be accompanied by a record of a 14
negative current official equine infectious anemia test within the past 15
twelve (12) months. 16
(b) Proof of a negative equine infectious anemia test may be 17
demonstrated through presentation of: 18
(1) The original test record document; 19
(2) An official electronic copy, as defined by the Arkansas 20
Livestock and Poultry Commission Board of Animal Health ; and 21
(3) Other forms as may be prescribed by the commission board. 22
(c) Any individual, club, organization, or association conducting an 23
equine activity shall arrange for a certified equine infectious anemia 24
verifier to be present at the event to verify that each of the equidae is 25
accompanied by a record of a negative current official equine infectious 26
anemia test if: 27
(1) The event charges a fee of any kind, including an entry fee, 28
a gate fee, a membership fee, a registration fee, a user fee, a camping fee, 29
or a grounds fee; 30
(2) The event provides prize money, trophies, plaques, ribbons, 31
points, or awards of any kind, including jackpot and benefits; or 32
(3) The event causes a concentration of more than fifty (50) 33
equidae. 34
(d) Any show or event within the state may require any additional 35
tests or additional requirements deemed necessary. 36 SB550
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1
SECTION 49. Arkansas Code § 2 -40-826 is amended to read as follows: 2
2-40-826. Equine infectious anemia services. 3
(a) In order to fund or partially fund the Equine Infectious Anemia 4
Control and Eradication Program, the Arkansas Livestock and Poultry 5
Commission Board of Animal Health may, by appropriately adopted 6
administrative rules, design and maintain a fee structure for the purpose of 7
defraying the cost of services performed. 8
(b) The fees collected shall be deposited into the State Treasury as 9
special revenues and shall be credited to the Livestock and Poultry Animal 10
Health Equine Infectious Anemia Control Fund created on the books of the 11
Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the 12
State. 13
14
SECTION 50. Arkansas Code § 2 -40-829 is repealed. 15
2-40-829. Research facility certification required. 16
Any research facility in this state which contains equidae infected 17
with equine infectious anemia or any reactor equidae shall be certified by 18
the Arkansas Livestock and Poultry Commission and shall be so maintained as 19
to prevent the infection of any other equidae, whether at or outside the 20
research facility. 21
22
SECTION 51. Arkansas Code § 2 -40-1201(c), concerning the disposition 23
of funds into the Livestock and Poultry Commission Swine Testing Fund, is 24
amended to read as follows: 25
(c) After deducting three percent (3%) for credit to the 26
Constitutional Officers Fund and the State Central Services Fund, the 27
remainder of funds so remitted to the secretary shall be deposited into the 28
State Treasury as special revenues and credited to the Livestock and Poultry 29
Commission Animal Health Swine Testing Fund. 30
31
SECTION 52. Arkansas Code §§ 2 -40-1301 and 2-40-1302 are amended to 32
read as follows: 33
2-40-1301. Definitions. 34
As used in this subchapter, unless the context otherwise requires: 35
(1) “Commission” means the Arkansas Livestock and Poultry 36 SB550
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Commission created by § 2 -33-101; 1
(2) “Large animal” means cattle, horses, hogs, sheep, goats, 2
cervidae, bison, llamas, alpacas, ostriches, emus, rheas, and other native or 3
nonnative animals, excluding dogs and cats; and 4
(3)(2) “Large animal carcasses” means carcasses of large animals 5
which died as the result of sickness, suffocation, accident, or from any 6
cause other than intentional slaughter. 7
8
2-40-1302. Disposal. 9
(a)(1) All large animal carcasses and all parts of large animal 10
carcasses shall be disposed of in a manner prescribed by rules of the 11
Arkansas Livestock and Poultry Commission Board of Animal Health . 12
(2) However, no large animal carcass shall be buried or 13
otherwise disposed of in any landfill operated under a permit issued by the 14
Division of Environmental Quality. 15
(b) If a person or entity conducts a farming activity at more than one 16
(1) location, it shall not be necessary for such person or entity to have a 17
disposal ditch or facility at each location unless specified by the State 18
Veterinarian. 19
20
SECTION 53. Arkansas Code § 17 -80-106(a), concerning investigations 21
and inspections of alleged wrongdoing related to medical professions, is 22
amended to read as follows: 23
(a) The Arkansas State Medical Board, the Arkansas State Board of 24
Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Livestock 25
and Poultry Commission Board of Animal Health , the Arkansas Board of 26
Podiatric Medicine, the State Board of Optometry, and the Arkansas State 27
Board of Physical Therapy are authorized to utilize as their employees, as 28
the investigators for the purposes described in this section, the 29
investigators and inspectors of the Division of Pharmacy Services and Drug 30
Control of the Department of Health. 31
32
SECTION 54. Arkansas Code § 17 -101-102(9), concerning the definition 33
of "licensed veterinarian" under the law concerning veterinarians and 34
veterinary technicians, is amended to read as follows: 35
(9) “Licensed veterinarian” means a person who is validly and 36 SB550
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currently licensed to practice veterinary medicine in this state as a general 1
practitioner or in a specialty area as the Arkansas Livestock and Poultry 2
Commission Board of Animal Health may by rule provide; 3
4
SECTION 55. Arkansas Code § 17 -101-102(11)(D)(i), concerning the 5
exclusion of certain personnel related to the collection of blood or other 6
samples under the definition of "practice of veterinary medicine" under the 7
law concerning veterinarians and veterinary technicians, is amended to read 8
as follows: 9
(i) Unlicensed personnel employed by the United 10
States Department of Agriculture or the Arkansas Livestock and Poultry 11
Commission Department of Agriculture in disease control programs carried out 12
under the authority of the United States Department of Agriculture or the 13
State of Arkansas; and 14
15
SECTION 56. Arkansas Code § 17 -101-102(20)(B), concerning the 16
exclusion of certain practices under the definition of "veterinary 17
technology" under the law concerning veterinarians and veterinary 18
technicians, is amended to read as follows: 19
(B) “Veterinary technology” does not include diagnosis, 20
prognosis, surgery, or the prescription of appliances, drugs, medications, or 21
treatment unless otherwise determined by the Arkansas Livestock and Poultry 22
Commission Board of Animal Health . 23
24
SECTION 57. Arkansas Code § 17 -101-203 is amended to read as follows: 25
17-101-203. Powers and duties. 26
The Arkansas Livestock and Poultry Commission Board of Animal Health 27
shall have the power to: 28
(1) Examine and determine the qualifications and fitness of 29
applicants for a license to practice general veterinary medicine or any 30
specialty area thereof, and the certification of veterinary technicians in 31
Arkansas, and issue, renew, deny, suspend, or revoke licenses or 32
certificates, or otherwise discipline veterinarians or veterinary 33
technicians; 34
(2) Subpoena witnesses and take testimony bearing on the records 35
of applicants for permits or for licenses to practice veterinary medicine in 36 SB550
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the State of Arkansas; 1
(3) Establish annually a schedule of license and permit fees 2
based on the commission's board's financial requirements for the ensuing 3
year; 4
(4) Conduct investigations into matters brought before the 5
commission board and proceed on the commission's board's own motion to a 6
hearing or other disciplinary action; 7
(5) Purchase or rent necessary office space, equipment, and 8
supplies; 9
(6)(5)(A) Promulgate and enforce rules necessary to establish 10
recognized standards for the practice of veterinary medicine and to carry out 11
the provisions of this chapter. 12
(B) The commission board shall make available to 13
interested members of the public copies of this chapter and all rules 14
promulgated by the commission board; 15
(7)(6) Examine and evaluate qualifications of education, skill, 16
and experience for certification of a person as a veterinary technician and 17
for annual registration of employment; 18
(8)(7) Regulate all veterinarians in a corporate practice and 19
prevent corporate or noncorporate holdings from being sold to, directed by, 20
or controlled by a nonveterinarian; 21
(9)(A)(8)(A) Hold hearings on all matters properly brought 22
before the commission board and, in connection thereto, administer oaths, 23
receive evidence, make the necessary determinations, and enter orders 24
consistent with the findings. 25
(B) The commission board may require by subpoena the 26
attendance and testimony of witnesses and the production of papers, records, 27
or other documentary evidence and commission board depositions; 28
(10)(9) Bring proceedings in the courts for the enforcement of 29
this chapter or any rules made under this chapter; and 30
(11)(10) Promulgate rules: 31
(A) Limiting the amount of Schedule II narcotics that may 32
be prescribed and dispensed by licensees of the commission board; and 33
(B) Outlining the use of telehealth and telemedicine in 34
the practice of veterinary medicine. 35
36 SB550
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SECTION 58. Arkansas Code § 17 -101-205(d)(4)(A), concerning the 1
contents of agreements under the Rural Veterinary Student Scholarship Program 2
related to the full-time practice of veterinary medicine, is amended to read 3
as follows: 4
(4)(A) Upon failure to satisfy the obligation to engage in the 5
full-time practice of veterinary medicine as required by subdivision (d)(2) 6
of this section, repay to the Arkansas Livestock and Poultry Commission 7
department, within ninety (90) days of the failure to satisfy the obligation 8
to engage in the full -time practice of veterinary medicine, the amount equal 9
to the amount awarded to the person, less a prorated amount based on any 10
periods of practice of veterinary medicine that meet the requirements of this 11
section, plus interest calculated at the prime rate of interest plus two 12
percent (2%) from the date the award was received. 13
14
SECTION 59. Arkansas Code §§ 17 -101-301 through 17-101-312, as amended 15
by Acts 2025, No. 19, are amended to read as follows: 16
17-101-301. Veterinarians — Application — Qualifications. 17
(a) Any veterinarian or licensed veterinarian desiring a license to 18
practice veterinary medicine in this state may make written application to 19
the Arkansas Livestock and Poultry Commission Department of Agriculture 20
showing that he or she is: 21
(1) At least twenty -one (21) years of age; and 22
(2) A person of moral integrity and acceptable ethical 23
standards. 24
(b) The application for licensure to practice veterinary medicine in 25
the State of Arkansas shall: 26
(1) Be written; 27
(2) Be signed by the applicant; 28
(3) Be submitted to the Arkansas Livestock and Poultry 29
Commission department at least thirty (30) days before the exam; 30
(4) Be accompanied by a nonrefundable application fee 31
established by the Arkansas Livestock and Poultry Commission Board of Animal 32
Health; and 33
(5) Include, but not be limited to, the information set forth 34
below: 35
(A) A current photograph of the applicant; 36 SB550
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(B) A certified transcript of the applicant's veterinary 1
school records; 2
(C) A copy of the applicant's diploma from an accredited 3
veterinary school or an affidavit from the dean of an accredited veterinary 4
school certifying the applicant's ability to graduate if he or she has not 5
graduated at the time of application. However, a copy of the diploma must be 6
submitted upon availability and before the exam date; 7
(D) An Educational Commission for Foreign Veterinary 8
Graduates Certificate or an equivalent program approved by the Arkansas 9
Livestock and Poultry Commission Board of Animal Health , if applicable; and 10
(E)(i) A National Board Exam score and Clinical Competency 11
Test score or the North American Veterinary Licensing Examination score, or 12
its future equivalent, reported through the Veterinary Information 13
Verification Agency, or its future equivalent. 14
(ii) The Clinical Competency Test is not required 15
for a poultry specialty license. 16
(c)(1) The Arkansas Livestock and Poultry Commission Board of Animal 17
Health by rule may require that all applicants for licensure by examination 18
complete a preceptorship program during their senior year under the 19
supervision of a veterinarian licensed and in good standing in any state, 20
territory, or district of the United States. 21
(2) The supervising veterinarian shall submit an affidavit to 22
the Arkansas Livestock and Poultry Commission department stating that the 23
applicant has satisfactorily completed the preceptorship. 24
(d)(1) If the Arkansas Livestock and Poultry Commission department 25
finds that the applicant possesses the proper qualifications, the Arkansas 26
Livestock and Poultry Commission department shall admit him or her to the 27
next examination. 28
(2) If an applicant is found unqualified to take the examination 29
or to receive a license without examination, the Arkansas Livestock and 30
Poultry Commission department shall immediately notify the applicant in 31
writing of its findings and the grounds for same. 32
33
17-101-302. Veterinarians — Examinations. 34
(a)(1) The Arkansas Livestock and Poultry Commission Board of Animal 35
Health, at such times as it may designate, shall conduct an examination of 36 SB550
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applicants for license to practice veterinary medicine in the State of 1
Arkansas. 2
(2) All examinations shall be: 3
(A) In writing, supplemented by oral interviews and 4
practical examinations as the commission Arkansas Board of Animal Health may 5
deem necessary; and 6
(B) So conducted as to ensure absolute impartiality in 7
grading. 8
(b) The commission Arkansas Board of Animal Health hereby adopts the 9
National Board Examination and the Clinical Competency Test, or the North 10
American Veterinary Licensing Examination, or its future equivalent, as a 11
basis for licensure in the State of Arkansas, along with a written 12
examination conducted by the commission Department of Agriculture . 13
(c) The commission Arkansas Board of Animal Health requires that all 14
applicants for licensure to practice veterinary medicine in the State of 15
Arkansas shall pass the National Board Examination and the Clinical 16
Competency Test, or the North American Veterinary Licensing Examination, or 17
its future equivalent, in addition to any and all state examinations, written 18
examinations, oral interviews, and practical demonstrations as the commission 19
Arkansas Board of Animal Health may request or require. 20
(d) All applicants are required to complete a written examination 21
conducted by the commission Department of Agriculture composed of, but not 22
limited to: 23
(1) The Arkansas Veterinary Medical Practice Act, § 17 -101-101 24
et seq.; 25
(2) State and federal statutes relating to prescription and 26
controlled drugs; 27
(3) Ethics of veterinary medicine; and 28
(4) Rules and regulations of the commission Arkansas Board of 29
Animal Health, the United States Department of Agriculture, the United States 30
Animal and Plant Health Inspection Service, and rabies control. 31
(e)(1) Poultry specialty applicants shall sit for a written 32
examination conducted by the commission Department of Agriculture on poultry 33
veterinary medicine. 34
(2) A license will be issued to poultry specialty applicants 35
with a seventy percent (70%) or better score on the commission Department of 36 SB550
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Agriculture examination and a passing score on the National Board 1
Examination, the North American Veterinary Licensing Examination, or its 2
equivalent. 3
4
17-101-303. License without examination or license by endorsement. 5
(a) The Arkansas Livestock and Poultry Commission Department of 6
Agriculture, at its discretion, may issue a license without written 7
examination to any qualified applicant who furnishes satisfactory evidence 8
that he or she is a veterinarian and has: 9
(1) For the five (5) years before filing his or her application, 10
been a practicing veterinarian and licensed in a state, territory, or 11
district of the United States having license requirements at the time the 12
applicant was first licensed which are substantially equivalent to the 13
requirements of this chapter; 14
(2) Qualified as a diplomate of a specialty board approved by 15
the American Veterinary Medical Association; 16
(3) Been awarded a postgraduate degree in veterinary medicine; 17
or 18
(4) Been recognized as an expert in the veterinary profession. 19
(b) At its discretion, the commission department may examine, orally 20
or practically, any person applying for a license under this section, 21
provided that the applicant has had no disciplinary proceedings pending or 22
completed in another jurisdiction. 23
24
17-101-304. Veterinarians — Temporary permit. 25
(a) The Director of the Arkansas Livestock and Poultry Commission 26
Board of Animal Health or his or her designee may issue without examination a 27
temporary permit to practice veterinary medicine in this state to a qualified 28
applicant for a license pending examination and provided that the temporary 29
permit shall expire the day after the notice or results of the first 30
examination given after the permit is issued. 31
(b) A temporary permit may be issued or revoked by majority vote of 32
the Arkansas Livestock and Poultry Commission Board of Animal Health . 33
34
17-101-305. Veterinarians — Denial, suspension, or revocation of 35
license. 36 SB550
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(a) Upon written complaint by any person or on the Arkansas Livestock 1
and Poultry Commission's Board of Animal Health's own motion and after notice 2
and hearing as prescribed in the Arkansas Administrative Procedure Act, § 25 -3
15-201 et seq., the commission board may deny, suspend for a definite period, 4
revoke the license of any veterinarian, or impose a civil penalty for: 5
(1) Fraud, misrepresentation, or deception in obtaining a 6
license or permit; 7
(2) Adjudication of insanity; 8
(3) Use of advertising or solicitation which is false, 9
misleading, or otherwise deemed unprofessional under rules promulgated by the 10
commission board; 11
(4)(A) Conviction of a felony listed under § 17 -3-102. 12
(B) A copy of the record of conviction certified by the 13
clerk of the court entering the conviction shall be conclusive evidence; 14
(5) Incompetence, gross negligence, or other malpractice in the 15
practice of veterinary medicine; 16
(6) Having professional association with or employing any person 17
practicing veterinary medicine unlawfully; 18
(7) Fraud or dishonesty in the application or reporting of any 19
test for disease in animals; 20
(8) Failure to maintain professional premises and equipment in a 21
clean and sanitary condition in compliance with rules promulgated by the 22
commission board; 23
(9) Dishonesty or gross negligence in the inspection of 24
foodstuffs or in the issuance of health or inspection certificates; 25
(10) Cruelty to animals; 26
(11) Unprofessional conduct by violation of a rule promulgated 27
by the commission board under this chapter; 28
(12) Being unable to practice as a veterinarian with reasonable 29
skill and safety to patients because of illness, the use of drugs, alcohol, 30
narcotics, or chemicals, or as a result of any mental or physical condition; 31
(13) Revocation, suspension, surrender, or other disciplinary 32
sanction of a license to practice veterinary medicine by another state, 33
territory, or district of the United States on grounds other than nonpayment 34
of a registration fee or suspension of privileges by any other regulatory 35
agency including the failure to report any such adverse action to the 36 SB550
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commission board within sixty (60) days of the final action; 1
(14) The use, prescription, or sale of any veterinary 2
prescription drug or the prescription of an extra -label use of any over -the-3
counter drug in the absence of a valid veterinarian -client-patient 4
relationship; 5
(15) Overtreating patients or charging for services which did 6
not occur unless the services were contracted for in advance or for services 7
which were not rendered or documented in the patient's records or charging 8
for services which were not consented to by the owner of the patient or the 9
owner's agent; 10
(16)(A) Failing to furnish details of a patient's medical 11
records to another treating veterinarian, hospital, clinic, owner, or owner's 12
agent upon proper request or waiver by the owner or owner's agent or failing 13
to comply with any other law relating to medical records. 14
(B) However, X-rays prepared by the licensed veterinarian 15
shall remain the property of the veterinarian and shall be returned upon 16
request or as otherwise agreed between the veterinarian and client; 17
(17) Failure of any applicant or licensee to cooperate with the 18
commission board during any investigation, if the investigation does not 19
concern the applicant or licensee; 20
(18) Failure to comply with any subpoena or subpoena duces tecum 21
from the commission board, or an order of the commission board; 22
(19) Failure to timely pay license or registration renewal fees 23
as specified in § 17 -101-309; 24
(20) Violating a probation agreement with the commission board 25
or any other licensing authority of this state, another state or territory of 26
the United States, or a federal agency; or 27
(21) Violating any informal consent agreement for discipline 28
entered into by an applicant or licensee with the commission board or any 29
other licensing authority of this state, another state or territory of the 30
United States, or a federal agency. 31
(b) At the discretion of the commission board, any person whose 32
license is suspended or revoked by the commission board under this section 33
may be relicensed or reinstated by the commission board at any time upon 34
written application to the commission board showing cause to justify 35
relicensing or reinstatement. 36 SB550
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(c)(1) Upon suspension or revocation of a license, the actual license 1
certificate must be surrendered to the commission board within thirty (30) 2
days of the commission's board's order unless the action is appealed and a 3
stay is issued. 4
(2) If the commission board prevails upon appeal or the stay is 5
lifted, the license certificate shall be surrendered within ten (10) days of 6
the final order of the court. 7
8
17-101-306. Veterinary technician, veterinary technologist, and 9
veterinary technician specialist — Certification. 10
(a) A person shall not assist in the practice of veterinary medicine 11
as a veterinary technician or veterinary technologist without first applying 12
for and obtaining a certification from the Arkansas Livestock and Poultry 13
Commission Board of Animal Health and having his or her employment with a 14
licensed veterinarian registered with the commission Arkansas Board of Animal 15
Health. 16
(b)(1) An applicant for certification as a veterinary technician or 17
veterinary technologist in this state may make written application to the 18
commission Department of Agriculture showing that he or she is: 19
(A) A citizen of the United States or an applicant for 20
citizenship; and 21
(B) A person of moral integrity and acceptable ethical 22
standards. 23
(2) The application for certification as a veterinary technician 24
or veterinary technologist in the State of Arkansas shall be written, signed 25
by the applicant, and submitted to the commission department at least thirty 26
(30) days before the examination, including without limitation the 27
information set forth in this subdivision (b)(2), and the application shall 28
be accompanied by a nonrefundable application fee established by the 29
commission Arkansas Board of Animal Health : 30
(A) A current photograph of the applicant; 31
(B)(i) A copy of the applicant's diploma or its equivalent 32
from a college-level program accredited by the American Veterinary Medical 33
Association. 34
(ii) If the applicant has not graduated at the time 35
of application, an affidavit from the program certifying the applicant's 36 SB550
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ability to graduate may be accepted with a copy of the diploma or its 1
equivalent submitted upon availability; 2
(C) A certified copy of college transcripts; 3
(D) A passing score on the National Board Examination or 4
Veterinary Technician National Examination, or future equivalent, reported 5
through the American Association of Veterinary State Boards or its successor; 6
and 7
(E) A letter of recommendation signed by a veterinarian 8
who is licensed in this state or another state, territory, or district of the 9
United States and notarized. 10
(3) This section does not prevent the commission department from 11
issuing a certification by endorsement to an applicant who: 12
(A) Holds a certification, or its equivalent, as a 13
veterinary technician or veterinary technologist in another state, territory, 14
or district of the United States; 15
(B) Is not a respondent in any pending or unresolved board 16
action in any state, territory, or district of the United States; 17
(C) Has a passing score on the National Board Examination 18
or Veterinary Technician National Examination, or its future equivalent, 19
reported through the American Association of Veterinary State Boards or its 20
successor; 21
(D) Submits a completed application, including without 22
limitation a letter of recommendation that is: 23
(i) Signed by a veterinarian; 24
(ii) Notarized by a notary public; and 25
(iii) Accompanied by a nonrefundable application fee 26
established by the commission Arkansas Board of Animal Health ; and 27
(E) Signs a statement attesting that he or she has read 28
and understands this chapter and the rules adopted by the commission Arkansas 29
Board of Animal Health governing the practice of veterinary medicine in 30
Arkansas. 31
(c)(1) A veterinary technician or veterinary technologist shall 32
annually register his or her employment with the commission department, 33
stating: 34
(A) His or her name and current address; 35
(B) The name and office address of both his or her 36 SB550
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employer and the supervising licensed veterinarian; and 1
(C) Any additional information required by the commission 2
department. 3
(2) Upon any change of employment as a veterinary technician or 4
veterinary technologist, the certification is inactive until: 5
(A) New employment as a veterinary technician or 6
veterinary technologist has been obtained; and 7
(B) The commission department has been notified in writing 8
of the new employment. 9
(d)(1) A veterinary technician or veterinary technologist shall 10
perform veterinary technology under the direction, supervision, and 11
responsibility of the licensed veterinarian with whom he or she is employed. 12
(2) Supervision of a veterinary technician or veterinary 13
technologist may be direct supervision, indirect supervision, or immediate 14
supervision. 15
(3)(A) A veterinarian who utilizes indirect supervision of a 16
veterinary technician or veterinary technologist shall: 17
(i) Retain control of and authority over the care of 18
the animal; and 19
(ii) Review all recordkeeping and notes documented 20
by the veterinary technician or veterinary technologist on the charts 21
regarding the care of the animal. 22
(B) When utilizing indirect supervision, a supervising 23
veterinarian may authorize a veterinary technician or veterinary technologist 24
to go to a location other than the location of the supervising veterinarian 25
to provide services based on an emergency call for an animal patient. 26
(e) The commission Arkansas Board of Animal Health shall promulgate 27
rules to establish the appropriate level of supervision under which a 28
veterinary technician or veterinary technologist can perform veterinary 29
technology. 30
(f)(1) A licensed veterinarian using, supervising, or employing a 31
veterinary technician or veterinary technologist is individually responsible 32
and liable for the performance of the acts and omissions delegated to the 33
veterinary technician or veterinary technologist. 34
(2) This subsection does not relieve a veterinary technician or 35
veterinary technologist of any responsibility and liability for any of his or 36 SB550
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her own acts and omissions. 1
(g) A licensed veterinarian shall not establish a separate office or 2
clinic in a location other than his or her regular office and place the 3
separate office or clinic under the control or supervision of a veterinary 4
technician or veterinary technologist. 5
(h)(1) This section does not prevent a licensed veterinarian from 6
utilizing the services of an employee to perform services not requiring the 7
skill and judgment of a veterinary technician, veterinary technologist, or 8
veterinary technician specialist, if the services performed by the employee 9
are under the direct personal supervision of a licensed veterinarian. 10
(2) An employee described under subdivision (h)(1) of this 11
section shall not be identified as a “veterinary technician”, “animal 12
technician”, “technician”, “veterinary technologist”, “animal technologist”, 13
“technologist”, or “veterinary technician specialist”. 14
(i) A veterinary technician, veterinary technologist, or veterinary 15
technician specialist shall not receive a fee or other compensation for 16
veterinary services or veterinary technology services other than the salary 17
or other compensation paid to the veterinary technician, veterinary 18
technologist, or veterinary technician specialist by the veterinary clinic, 19
veterinary practice, or veterinarian by which he or she is employed. 20
21
17-101-307. License required — Exemptions. 22
(a) No person may practice veterinary medicine in this state who is 23
not a licensed veterinarian or the holder of a valid temporary permit issued 24
by the Arkansas Livestock and Poultry Commission Board of Animal Health . 25
(b) This chapter shall not be construed to prohibit: 26
(1) Employees of the United States Government or state 27
government or employees of local government who are certified by an agency 28
approved by the commission board to perform euthanasia from performing their 29
official duties; 30
(2) Regular students in a veterinary school or college from 31
performing duties or actions assigned by the school or college or working 32
under the direct personal supervision of a veterinarian licensed in the State 33
of Arkansas; 34
(3) Reciprocal aid of neighbors in performing routine accepted 35
livestock management practices without compensation; 36 SB550
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(4) Any veterinarian licensed in any foreign jurisdiction from 1
consulting with a licensed veterinarian; 2
(5) The owner of an animal, his or her consignees, and their 3
employees from performing routine accepted livestock management practices in 4
the care of animals belonging to the owner; 5
(6) A member of the faculty of a veterinary school from 6
performing his or her regular functions or a person from lecturing or giving 7
instruction or demonstration at a veterinary school or in connection with a 8
continuing education course or seminar for licensed veterinarians, veterinary 9
technicians, or veterinary technologists; 10
(7) A person from engaging in bona fide scientific research that 11
reasonably requires experimentation involving animals; 12
(8) Any person: 13
(A) Engaging in the art or profession of horseshoeing; 14
(B) Training, except that the training shall not include 15
diagnosing, prescribing, or dispensing of any therapeutic agent; 16
(C) Selling medicines, feed, appliances, or other products 17
used in the prevention or treatment of animal diseases as permitted by law, 18
by any pharmacist, merchant, or manufacturer at his or her regular place of 19
business; 20
(D) Collecting, preparing, or freezing semen; and 21
(E) Performing nonsurgical artificial insemination; 22
(9)(A) Any act, task, or function performed by a veterinary 23
technician or veterinary technologist at the direction of and under the 24
supervision of a licensed veterinarian, when: 25
(i) The veterinary technician or veterinary 26
technologist is certified by the commission board as being qualified by 27
training or experience to function as an assistant to a veterinarian; 28
(ii) The act, task, or function is performed at the 29
direction of and under the supervision of a licensed veterinarian in 30
accordance with rules promulgated by the commission board; and 31
(iii) The services of the veterinary technician or 32
veterinary technologist are limited to assisting the veterinarian in the 33
particular fields for which he or she has been trained and certified. 34
(B) Subdivision (b)(9)(A) of this section shall not limit 35
or prevent any veterinarian from delegating to a qualified person any acts, 36 SB550
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tasks, or functions which are otherwise permitted by law but which do not 1
include diagnosis, prescribing medication, or surgery; 2
(10) A chiropractor licensed in this state and certified by the 3
American Veterinary Chiropractic Association or the equivalent thereof from 4
performing chiropractic upon animals; 5
(11) The practice of veterinary medicine through a program in 6
partnership with federal Innovative Readiness Training if the veterinarian or 7
veterinary technician has obtained a license to practice from another state, 8
commonwealth, territory, or the District of Columbia; 9
(12) A person from practicing or performing equine massage 10
therapy or animal massage therapy; or 11
(13) An emergency medical services personnel or an emergency 12
medical services provider from transporting an injured police dog as 13
authorized under § 20 -13-217. 14
15
17-101-308. Veterinary technicians — Denial, suspension, or revocation 16
of certificate. 17
(a) The Arkansas Livestock and Poultry Commission Board of Animal 18
Health may deny or suspend any registration or deny or revoke any certificate 19
of qualification upon the grounds that the applicant or veterinary technician 20
is guilty of: 21
(1) Soliciting patients for any practitioner of the veterinary 22
healing arts; 23
(2) Soliciting or receiving any form of compensation from any 24
person other than his or her registered employer for performing as a 25
veterinary technician; 26
(3) Willfully or negligently divulging a professional secret or 27
discussing a veterinarian's diagnosis or treatment without the express 28
permission of the veterinarian; 29
(4)(A) Any offense punishable by incarceration in the Division 30
of Correction or federal prison. 31
(B) A copy of the record of conviction, certified by the 32
clerk of the court entering the conviction, shall be conclusive evidence; 33
(5) Being unable to practice as a veterinary technician with 34
reasonable skill and safety to patients because of illness, the use of drugs, 35
alcohol, narcotics, or chemicals, or as a result of any mental or physical 36 SB550
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condition; 1
(6) Fraud or misrepresentation in applying for or procuring: 2
(A) A certificate of qualification to perform as a 3
veterinary technician in Arkansas; or 4
(B) An annual registration; 5
(7) Impersonating another person registered as a veterinary 6
technician or allowing any person to use his or her certificate of 7
qualification or registration; 8
(8) Aiding or abetting the practice of veterinary medicine by a 9
person not licensed by the commission board; 10
(9) Gross negligence in the performance of duties, tasks, or 11
functions assigned to him or her by a licensed veterinarian; 12
(10) Manifesting incapacity or incompetence to perform as a 13
veterinary technician; or 14
(11) Conduct unbecoming a person registered as a veterinary 15
technician or detrimental to the best interests of the public. 16
(b) At the discretion of the commission board, any person whose 17
certificate of qualification is suspended or revoked by the commission board 18
under this section may be recertified or reinstated by the commission board 19
at any time upon written application to the commission board showing cause to 20
justify recertification or reinstatement. 21
22
17-101-309. License, certificate, and registration renewal — 23
Reinstatement. 24
(a)(1) All licenses, certificates, and registrations expire on March 25
31 each year and may be renewed by payment of the annual renewal fee 26
established by rule of the Arkansas Livestock and Poultry Commission Board of 27
Animal Health. 28
(2) Not later than March 1 each year, the commission Department 29
of Agriculture shall provide a written notice to each licensed veterinarian, 30
veterinary technician, and veterinary technologist that his or her license or 31
certificate will expire on March 31 and shall provide a renewal application 32
form. 33
(b)(1) Any person may reinstate an expired license or certificate 34
within five (5) years of its expiration by making application to the 35
commission department for renewal and paying the current renewal fee along 36 SB550
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with all delinquent renewal fees. 1
(2) After five (5) years have elapsed since the date of 2
expiration, a license or certificate may not be renewed, and the holder must 3
apply for a new license or certificate and take the required examinations. 4
(c) The commission board may provide by rule for waiver of payment of 5
any renewal fee of a licensed veterinarian, veterinary technician, or 6
veterinary technologist during any period when he or she is on active duty 7
with any branch of the United States Armed Forces for not to exceed three (3) 8
years or for the duration of a national emergency, whichever is longer. 9
(d) The commission board may provide by rule for waiver of payment of 10
any renewal fee of a licensed veterinarian or veterinary technician during 11
any period when he or she is a member of the Arkansas National Guard called 12
into state active duty. 13
14
17-101-310. Continuing education required — Exemptions. 15
(a)(1) A veterinarian, veterinary technician, or veterinary 16
technologist under this chapter is required to attend an educational program 17
in the twelve (12) months preceding each renewal date. 18
(2) The postgraduate study or attendance at an institution or at 19
an educational session approved by the Arkansas Livestock and Poultry 20
Commission Board of Animal Health shall be considered equivalent to 21
continuing education requirements. 22
(3) The commission board shall have the right, for good cause 23
shown, to prescribe the type and character of postgraduate study to be done 24
by any licensed veterinarian in order to comply with the requirements of this 25
chapter. 26
(b) The commission board shall excuse licentiates or certificate 27
holders, as a group or as individuals, from the annual educational 28
requirements in any of the following instances: 29
(1) When no educational program meeting the requirements 30
approved by the commission board is conducted within the state; 31
(2) When an affidavit is submitted to the commission board 32
evidencing that the licensee, for good cause assigned, was prevented from 33
attending an educational program at the proper time; 34
(3) In the event of an unusual emergency; or 35
(4) If that person holds an inactive license or certificate. 36 SB550
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(c)(1) A veterinarian, veterinary technician, or veterinary 1
technologist shall fulfill his or her annual education requirements at his or 2
her own expense. 3
(2) The fee for his or her annual education requirements is not 4
included in the license fee. 5
(d)(1) A veterinary technician specialist shall complete an additional 6
eight (8) hours of advanced continuing education in his or her area of 7
specialty each year before veterinary technician specialist certification 8
renewal. 9
(2) A veterinary technician specialist shall maintain an active 10
veterinary technician certification in this state and fulfill all continuing 11
education hours required for the veterinary technician certification. 12
13
17-101-311. Civil penalty — Appeals and disposition of funds. 14
(a)(1) Whenever the Arkansas Livestock and Poultry Commission Board of 15
Animal Health determines that any provision of this chapter or any rule 16
promulgated by the commission board under this chapter has been violated, the 17
commission board may impose a civil penalty not to exceed five thousand 18
dollars ($5,000) per violation. 19
(2) The commission board may file an action in the Pulaski 20
County Circuit Court to collect any civil penalty not paid within thirty (30) 21
days of service of the order assessing the penalty, unless the circuit court 22
enters a stay of the commission's board's order. 23
(3) If the commission board prevails in the action, the 24
defendant shall be directed to pay reasonable attorney's fees and costs 25
incurred by the commission board in prosecuting the action in addition to the 26
civil penalty. 27
(b) Any person aggrieved by the action of the commission board 28
imposing civil penalties may appeal the decision in the manner and under the 29
procedure prescribed in the Arkansas Administrative Procedure Act, § 25 -15-30
201 et seq., for appeals from administrative decisions. 31
(c)(1) All funds derived from civil penalties imposed by the 32
commission board shall be deposited into one (1) or more depositories 33
qualifying for the deposit of public funds. 34
(2) The funds shall be used by the commission board for 35
administering the provisions of this chapter. 36 SB550
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1
17-101-312. Unlawful practice — Penalties — Injunctions. 2
(a) Any person who shall practice or attempt to practice veterinary 3
medicine in this state without having been duly licensed in accordance with 4
the provisions of this chapter shall be deemed guilty of a misdemeanor. Upon 5
conviction, the person shall be fined in any sum of not less than fifty 6
dollars ($50.00) nor more than two hundred fifty dollars ($250) for each and 7
every offense or imprisoned for a term of not less than six (6) months nor 8
more than one (1) year, or shall be both fined and imprisoned in the 9
discretion of the court. 10
(b) Each day of the unlawful practice shall constitute a separate 11
offense. 12
(c) One-half (½) of the sums assessed as fines under this chapter 13
shall be paid into the general fund of the county wherein the fine is 14
assessed, and one-half (½) of the sums assessed as fines under this chapter 15
shall be deposited with the Director of the Arkansas Livestock and Poultry 16
Commission and credited to the account of the Arkansas Livestock and Poultry 17
Commission into the Animal Health Special Revenue Fund . 18
(d) The unlawful practice of veterinary medicine is declared to be a 19
public nuisance. 20
(e) In addition to the penalties provided in this section, the 21
commission Arkansas Board of Animal Health may institute legal proceedings to 22
enjoin the violation of the provisions of this chapter or the rules of the 23
commission board in any court of competent jurisdiction, and the court may 24
grant a temporary or permanent injunction restraining the violation thereof. 25
26
SECTION 60. Arkansas Code §§ 17 -101-314 through 17-101-320, as amended 27
by Acts 2025, No. 19, are amended to read as follows: 28
17-101-314. Practicing without license — Commission penalties 29
Penalties. 30
(a)(1)(A) If upon completion review of an investigation a complaint 31
the Director of the Arkansas Livestock and Poultry Commission Board of Animal 32
Health has probable cause to believe that a veterinarian or an unlicensed 33
person acting as a veterinarian has violated the provisions of this chapter, 34
he or she may issue a citation to the veterinarian or unlicensed person, as 35
provided in this section. 36 SB550
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(B) Each citation shall be in writing and shall describe 1
with particularity the nature of the violation, including a reference to the 2
provision of this chapter alleged to have been violated. 3
(C) Each citation may also contain an order of abatement 4
fixing a reasonable time for abatement of the violation and may contain an 5
assessment of a civil penalty not to exceed five thousand dollars ($5,000). 6
(2) The citation shall be served upon the veterinarian or 7
unlicensed individual personally or by any type of mailing requiring a return 8
receipt. 9
(b)(1) If a veterinarian or unlicensed person desires to 10
administratively contest a civil citation or the proposed assessment of a 11
civil penalty, he or she shall notify within ten (10) business days after 12
service of the citation the executive officer in writing of his or her 13
request. 14
(2) Upon receipt of the request, a hearing on the matter shall 15
be scheduled before the commission board. 16
(c) Any administrative hearing shall be governed by the Arkansas 17
Administrative Procedure Act, § 25 -15-201 et seq. 18
(d) In addition to the penalties provided in this section, the 19
commission board may institute legal proceedings to enjoin the violation of 20
the provisions of this chapter or the rules of the commission board in any 21
court of competent jurisdiction, and the court may grant a temporary or 22
permanent injunction restraining the violation thereof. 23
24
17-101-315. Equine teeth floating. 25
(a) The Arkansas Livestock and Poultry Commission Board of Animal 26
Health is prohibited from enforcing commission may enforce board policy 27
regarding equine teeth floating by either investigating or prosecuting an 28
individual practitioner engaged in equine teeth floating until July 1, 2013. 29
(b)(1) Before engaging in the practice of equine teeth floating in the 30
state, an individual practitioner shall present to the commission board 31
signed letters of recommendation from two (2) clients who have previously 32
employed the individual practitioner and who bear witness to the individual 33
practitioner's ability to perform equine teeth floating. 34
(2) The letters of recommendation shall be presented to the 35
commission board before providing service to a client or performing any 36 SB550
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procedure on any animal. 1
2
17-101-316. Livestock embryo transfer or transplant and livestock 3
pregnancy determination. 4
(a) Until July 1, 2019, the Arkansas Livestock and Poultry Commission 5
is prohibited from investigating or prosecuting The Arkansas Board of Animal 6
Health under a commission board rule or policy may investigate an individual 7
technician who engages in both: 8
(1) Livestock embryo transfer or transplant; and 9
(2) Livestock pregnancy determination. 10
(b) Before engaging in livestock embryo transfer or transplant and 11
livestock pregnancy determination in the state, an individual technician 12
shall obtain a certification from the commission board. 13
(c)(1) An applicant for certification shall submit the following 14
information to the commission Department of Agriculture with an application 15
and application fee of one thousand dollars ($1,000): 16
(A)(i) One (1) letter from a licensed veterinarian who has 17
witnessed the applicant's ability to perform livestock embryo transfer or 18
transplant and livestock pregnancy determination on at least three (3) 19
occasions within six (6) consecutive months. 20
(ii) The letter described in subdivision 21
(c)(1)(A)(i) of this section shall include the dates that the veterinarian 22
spent with the applicant and an endorsement certifying that the applicant is 23
proficient in the following areas: 24
(a) Basic knowledge, skills, and abilities 25
required to proficiently extract, grade, freeze, thaw, and transfer livestock 26
embryos; and 27
(b) The ability to properly use ultrasound 28
equipment in determining pregnancy status with at least ninety percent (90%) 29
accuracy beginning at sixty (60) days of pregnancy and with at least ninety 30
percent (90%) accuracy when identifying trimester; 31
(B) A record of successfully completing a qualified course 32
taught by a livestock reproduction specialist on both livestock embryo 33
transfer and livestock pregnancy determination; 34
(C) Proof that the applicant has at least fifty percent 35
(50%) financial interest in livestock management equipment, including without 36 SB550
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limitation ultrasound equipment, microscope, embryo freezer, and other 1
required transfer tools; and 2
(D) Proof of membership in either the International Embryo 3
Technology Society or the American Embryo Transfer Association. 4
(2) The commission department shall approve or deny 5
certification within thirty (30) days of receiving an application. 6
(d)(1) A certification under this section expires after two (2) years. 7
(2) An individual technician shall submit a renewal application 8
and renewal application fee of two hundred fifty dollars ($250) to the 9
commission board along with a record of completion of a continuing education 10
course on bovine reproduction within the United States or Canada. 11
(3) The commission department shall approve or deny 12
recertification within thirty (30) days of receiving a renewal application. 13
(e) An embryo transfer technician may only administer to livestock 14
prescription drugs that have been prescribed by a licensed veterinarian who 15
has a valid veterinarian -client-patient relationship. 16
17
17-101-317. Veterinary technologist and veterinary technician 18
specialist — Grounds for denial, suspension, or revocation. 19
(a) Upon written complaint by any person or on the Arkansas Livestock 20
and Poultry Commission's Board of Animal Health's own motion and after notice 21
and hearing as prescribed in the Arkansas Administrative Procedure Act, § 25 -22
15-201 et seq., the commission board may deny or suspend any certification or 23
deny or revoke any certificate of qualification of the applicant, veterinary 24
technologist, or veterinary technician specialist for the following conduct: 25
(1) Solicitation of patients on behalf of a veterinarian or 26
veterinary technician; 27
(2) Solicitation or receiving any form of compensation from any 28
person other than his or her registered employer for his or her employment; 29
(3) Willful or negligent disclosure of a professional secret or 30
discussing a veterinarian's diagnosis or treatment without the express 31
permission of the veterinarian; 32
(4)(A) Any offense punishable by incarceration in the Division 33
of Correction or federal prison. 34
(B) A copy of the record of conviction, certified by the 35
clerk of the court entering the conviction, shall be evidence; 36 SB550
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(5) Inability to practice as a veterinary technologist or a 1
veterinary technician specialist with reasonable skill and safety to patients 2
due to illness, the use of drugs, alcohol, narcotics, or chemicals, or as a 3
result of any mental or physical condition; 4
(6) Fraud or misrepresentation in applying for or procuring: 5
(A) A certificate of qualification to perform as a 6
veterinary technologist or veterinary technician specialist in Arkansas; or 7
(B) An annual employment registration; 8
(7) Impersonation of another person registered as a veterinary 9
technologist or veterinary technician specialist or authorization of any 10
person to use his or her certificate of qualification or registration; 11
(8) Aids or abets the practice of veterinary medicine by a 12
person not licensed by the commission board; 13
(9) Incompetence, gross negligence, or other malpractice in the 14
performance of duties, tasks, or functions assigned to him or her by a 15
licensed veterinarian; 16
(10) Incapacity or incompetence to perform as a veterinary 17
technologist or veterinary technician specialist; 18
(11) Cruelty to animals; 19
(12) Failure: 20
(A) Of any applicant or licensee to cooperate with the 21
commission Department of Agriculture during any investigation, if the 22
investigation does not concern the applicant or licensee; 23
(B) To comply with any subpoena or subpoena duces tecum 24
from the commission board or an order of the commission board; or 25
(C) To timely pay certification or renewal fees; or 26
(13) Unprofessional conduct or conduct that is detrimental to 27
the best interests of the public. 28
(b) At the discretion of the commission board, a person whose 29
certificate of qualification is suspended or revoked by the commission board 30
under this section may be: 31
(1) Recertified or reinstated by the commission board at any 32
time upon written application to the commission board showing cause to 33
justify recertification or reinstatement; and 34
(2) Subject to civil penalties under § 17 -101-311 as determined 35
by the commission board. 36 SB550
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1
17-101-318. Veterinarians — Restricted license. 2
(a) The Director of the Arkansas Livestock and Poultry Commission 3
Board of Animal Health or his or her designee may issue a restricted license 4
to a person who has graduated from an accredited or approved college of 5
veterinary medicine but has not passed the North American Veterinary 6
Licensing Examination, or its future equivalent, to engage in the practice of 7
veterinary medicine under the direct supervision of a licensed veterinarian. 8
(b) A restricted license shall be issued by the commission board upon 9
the receipt of the following: 10
(1) A completed application as described in § 17 -101-301 and the 11
application fee established by the commission board, if not previously 12
submitted during the applicant's final year of veterinary school; 13
(2) A restricted license fee established by the commission 14
board; 15
(3) A letter of recommendation from the supervising licensed 16
veterinarian; and 17
(4) Written confirmation that the applicant is scheduled to take 18
the next available North American Veterinary Licensing Examination, or its 19
future equivalent. 20
(c) If the applicant fails to pass the North American Veterinary 21
Licensing Examination, or its future equivalent, after receiving a restricted 22
license, the applicant may be issued another restricted license by submitting 23
the following: 24
(1) The restricted license fee established by the commission 25
board; 26
(2) A letter of recommendation from the supervising licensed 27
veterinarian; and 28
(3) Written confirmation that the applicant is scheduled to take 29
the next available North American Veterinary Licensing Examination, or its 30
future equivalent. 31
(d)(1) A restricted license shall expire the day after the results of 32
the North American Veterinary Licensing Examination, or its future 33
equivalent, are made known to the applicant. 34
(2) An applicant shall not be issued more than three (3) 35
restricted licenses. 36 SB550
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(e) The applicant is eligible for an unrestricted license to practice 1
veterinary medicine upon receiving a passing score on the North American 2
Veterinary Licensing Examination, or its future equivalent, if all other 3
requirements are met for the unrestricted license. 4
(f) A restricted licensee shall not apply: 5
(1) For a United States Drug Enforcement Administration 6
registration; or 7
(2) To become an accredited veterinarian through the United 8
States Animal and Plant Health Inspection Service. 9
10
17-101-319. Veterinary technician specialist — Certification. 11
(a)(1) The Arkansas Livestock and Poultry Commission Board of Animal 12
Health shall issue additional certifications for a veterinary technician 13
specialist. 14
(2) For an applicant seeking certification as a veterinary 15
technician specialist, the commission board may require: 16
(A) An initial application and an initial application fee 17
as determined by the commission board; 18
(B) A renewal application and a renewal application fee as 19
determined by the commision board; and 20
(C) Any other relevant information determined by the 21
commission board. 22
(b)(1) A veterinary technician specialist shall perform specialized 23
veterinary technology under the direction, supervision, and responsibility of 24
the: 25
(A) Licensed veterinarian with whom he or she is employed; 26
or 27
(B) Collaborating veterinarian under a collaborative 28
practice agreement. 29
(2) Supervision of a veterinary technician specialist may be 30
direct supervision, indirect supervision, or immediate supervision. 31
(3)(A) A veterinarian who utilizes indirect supervision of a 32
veterinary technician specialist shall: 33
(i) Retain control of and authority over the care of 34
the animal patient; and 35
(ii) Review all record keeping and notes documented 36 SB550
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by the veterinary technician specialist on the charts regarding the care of 1
the animal patient. 2
(B) When utilizing indirect supervision, a supervising 3
veterinarian may authorize a veterinary technician specialist to go to a 4
location other than the location of the supervising veterinarian to provide 5
services based on an emergency call for an animal patient. 6
(c)(1) A licensed veterinarian using, supervising, or employing a 7
veterinary technician specialist is individually responsible and liable for 8
the performance of the acts and omissions delegated to the veterinary 9
technician specialist. 10
(2) This subsection does not relieve a veterinary technician 11
specialist of any responsibility or liability for any of his or her own acts 12
and omissions. 13
(3) A licensed veterinarian shall not establish a separate 14
office or clinic in a location other than his or her regular office and place 15
the separate office or clinic under the control or supervision of a 16
veterinary technician specialist. 17
(d) A veterinary technician specialist shall not receive compensation 18
for performing the practice of specialized veterinary technology other than 19
the salary or compensation paid to the veterinary technician specialist by 20
the veterinary clinic, veterinary practice, or veterinarian by which he or 21
she is employed. 22
(e) A person shall not use or assume the title “certified veterinary 23
technician specialist”, “veterinary technician specialist”, “VTS”, or “CVTS” 24
or use any words, letters, abbreviations, or insignia indicating or implying 25
that the person holds a veterinary technician specialist certification unless 26
the person is certified by the commission board. 27
28
17-101-320. Collaborative practice agreement. 29
(a)(1)(A) A veterinary technician specialist and a veterinarian may 30
enter into a collaborative practice agreement. 31
(B) A veterinarian shall not enter into a collaborative 32
practice agreement with more than three (3) veterinary technician specialists 33
at one (1) time. 34
(2) A collaborative practice agreement shall include without 35
limitation provisions addressing: 36 SB550
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(A) The location and license details of both the 1
veterinary technician specialist and collaborating veterinarian as well as 2
the availability of the collaborating veterinarian for consultation or 3
referral, or both; 4
(B) Methods of management of the collaborative practice, 5
which shall include protocols for technical duties; 6
(C) Coverage of the veterinary needs of an animal patient 7
in the emergency absence of the veterinary technician specialist or 8
collaborating veterinarian; and 9
(D) Quality assurance with monthly reviews of the 10
veterinary technician specialist's animal patients' medical records or case 11
discussions with the collaborating veterinarian. 12
(3) If a collaborative practice results in complaints of 13
violations of this chapter, the Arkansas Livestock and Poultry Commission 14
Board of Animal Health may review the role of the collaborating veterinarian 15
or the veterinary technician specialist in the collaborative practice to 16
determine if the collaborating veterinarian or the veterinary technician 17
specialist is unable to manage his or her responsibilities under the 18
collaborative practice agreement without an adverse effect on the quality of 19
care of the animal patient. 20
(4) A veterinary technician specialist shall notify the 21
commission Department of Agriculture in writing within seven (7) days 22
following the termination of a collaborative practice agreement. 23
(b)(1) A veterinary technician specialist may receive drugs, 24
medicines, or therapeutic devices appropriate to the veterinary technician 25
specialist's area of practice. 26
(2) If the collaborative practice agreement between a veterinary 27
technician specialist and a collaborating veterinarian is terminated, a new 28
collaborative practice agreement shall be required. 29
(3) Under the supervision of a collaborating veterinarian, a 30
veterinary technician specialist may: 31
(A)(i) Establish care for new animal patients by forming a 32
preliminary veterinarian -client-patient relationship on behalf of the 33
collaborating veterinarian with the animal patient or client, order 34
diagnostics, provide a diagnosis or a prognosis, and develop treatment plans 35
with a collaborating veterinarian. 36 SB550
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(ii) The collaborating veterinarian shall complete 1
the veterinarian-client-patient relationship by personally seeing the animal 2
patient within fifteen (15) days; 3
(B) Perform the induction, maintenance, and monitoring of 4
anesthesia for an animal patient except when in conflict with state or 5
federal law; 6
(C) Perform minor dental and surgical procedures on animal 7
patients, excluding abdominal, thoracic, or orthopedic surgery and 8
neurosurgery; 9
(D) Administer a drug or controlled substance to prevent 10
suffering of animal patients, including without limitation euthanasia, under 11
direct communication with a collaborating veterinarian; 12
(E) Initiate and perform cardiopulmonary resuscitation on 13
animal patients, including administration of medication and defibrillation, 14
and provide immediate post -resuscitation care according to established 15
protocols except when in conflict with state or federal law; and 16
(F) Dispense and administer medicines or therapeutic 17
devices for animal patients except when in conflict with state or federal 18
law. 19
(c) The veterinary technician specialist shall keep accurate records 20
in accordance with the rules of the commission Arkansas Board of Animal 21
Health, including without limitation the medical history, physical 22
examination, other evaluations and consultations, treatment plan objective, 23
informed consent noted in the animal patient's record, treatment, 24
prescriptions, and medications given, agreements regarding the animal 25
patient, and periodic reviews. 26
27
SECTION 61. Arkansas Code § 18 -15-1703(e)(2), concerning exemptions 28
from application of the Private Property Protection Act, is amended to read 29
as follows: 30
(2) Laws or rules within the jurisdiction of the State Health 31
Officer or regulatory activities of the Arkansas Pollution Control and 32
Ecology Commission, the Division of Environmental Quality, the Arkansas 33
Livestock and Poultry Commission Board of Animal Health , the Arkansas Public 34
Service Commission, or the State Plant Board under delegated or authorized 35
programs or approved plans under federal law; 36 SB550
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1
SECTION 62. Arkansas Code § 19 -4-906(a)(022), concerning motor vehicle 2
restrictions and authorizations related to state agencies, authorities, 3
boards, commissions, departments, and institutions of higher education, is 4
amended to read as follows: 5
(022) Arkansas Livestock and Poultry Commission Board of Animal 6
Health 81 7
8
SECTION 63. Arkansas Code § 19 -5-302(8), concerning the Livestock and 9
Poultry Fund Account, is amended to read as follows: 10
(8) Livestock and Poultry Animal Health Fund Account. 11
(A) The Livestock and Poultry Animal Health Fund Account 12
shall be used for the maintenance, operation, and improvement of the Arkansas 13
Livestock and Poultry Commission, which was separated from the Department of 14
Commerce [abolished] by Acts 1981, No. 867, § 1, in carrying out the 15
functions, powers, and duties as set out in § 2 -33-101 et seq., or other 16
duties imposed by law upon the Arkansas Livestock and Poultry Commission 17
Board of Animal Health . 18
(B) The Livestock and Poultry Animal Health Fund Account 19
shall consist of: 20
(i) Those general revenues as may be provided by 21
law; and 22
(ii) Any other funds provided by law; 23
24
SECTION 64. Arkansas Code § 19 -6-301(33) and (34), concerning the 25
enumeration of special revenues, are amended to read as follows: 26
(33) Brand registration, sales of state brand books, and fees for 27
transfer of brand titles, as enacted by Acts 1959, No. 179, § 2-34-201, § 2-28
34-202 [repealed], § 2-34-203, § 2-34-204 [repealed], and §§ 2-34-205 2-34-206 29
— 2-34-212; 30
(34) Arkansas Livestock and Poultry Commission Board of Animal Health 31
fees and revenues as enacted by Acts 1981, No. 867, and all laws amendatory 32
thereto, § 2-33-113(a), consisting of: 33
(A) Income from the livestock spraying program, as enacted 34
by Acts 1969, No. 360, and all laws amendatory thereto, § 2 -33-207 [repealed] 35
and § 2-33-208 [repealed]; 36 SB550
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(B) Poultry and egg grading fees as enacted by Acts 1969, 1
No. 220, known as the “Arkansas Egg Marketing Act of 1969”, and all laws 2
amendatory thereto, § 20 -58-201 et seq.; 3
(C) Acts 1965, No. 49, and all laws amendatory thereto, §§ 4
2-33-301 2-33-303 — 2-33-305, and 2-33-307; 5
(D) Acts 1975 (Extended Sess., 1976), No. 1216, and all 6
laws amendatory thereto, §§ 2 -33-306 and 2-33-307; 7
(E) Carcass data information and feeder pig and feeder 8
calf grading fees, as enacted by Acts 1973, No. 454, and all laws amendatory 9
thereto, §§ 2-33-201 — 2-33-206 [repealed]; 10
(F) Livestock and poultry diagnostic service fees, § 2 -33-11
111; 12
(G) State, county, and district paid admission surcharges, 13
§ 2-33-115(a)(3) [repealed]; 14
(H) Small animal testing fees, as enacted by Acts 1981, 15
No. 770, and all laws amendatory thereto, § 2 -33-112 [repealed]; 16
(I) Commercial bait and ornamental fish fees collected 17
under the Commercial Bait and Ornamental Fish Act, § 2 -5-201 et seq.; and 18
(J) Catfish processor civil penalties collected under the 19
Arkansas Catfish Processor Fair Practices Act of 1987, § 2 -6-101 et seq.; 20
21
SECTION 65. Arkansas Code § 19 -6-301(95), concerning the enumeration 22
of special revenues, is amended to read as follows: 23
(95) Fees charged by the Arkansas Livestock and Poultry 24
Commission Board of Animal Health for the various examinations, permits, 25
licenses, and certificates issued by the Arkansas Livestock and Poultry 26
Commission Department of Agriculture , as enacted by Acts 1975, No. 650, as 27
amended, the Arkansas Veterinary Medical Practice Act, § 17 -101-101 et seq.; 28
29
SECTION 66. Arkansas Code § 19 -6-301(126), concerning the enumeration 30
of special revenues, is repealed. 31
(126) Those portions of vaccination fees imposed at livestock 32
markets, as enacted by Acts 1985, No. 150, and Acts 1985, No. 151, § 2 -40-33
206, and that portion of all fines and penalties resulting from arrests made 34
or citations issued by Arkansas Livestock and Poultry Commission enforcement 35
officers, § 2-33-113(b) [repealed]; 36 SB550
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1
SECTION 67. Arkansas Code § 19 -6-409 is amended to read as follows: 2
19-6-409. Poultry and Egg Grading Fund. 3
The Poultry and Egg Grading Fund shall consist of that portion of those 4
special revenues derived from the poultry and egg industry as specified in § 5
19-6-301(34), there to be used for the maintenance, operation, and 6
improvement required by the Arkansas Livestock and Poultry Commission poultry 7
and egg grading programs, in carrying out the functions, powers, and duties 8
as set out in § 2-33-101 et seq., or other duties imposed by law upon the 9
commission Department of Agriculture . 10
11
SECTION 68. Arkansas Code § 19 -6-429 is amended to read as follows: 12
19-6-429. Veterinary Examiners Board Fund. 13
(a) The Veterinary Examiners Board Fund shall consist of those special 14
revenues as specified in § 19 -6-301(95). 15
(b) The fund shall be used: 16
(1) For the operation, maintenance, and improvement of the 17
Arkansas Livestock and Poultry Commission Board of Animal Health in 18
exercising the powers, functions, and duties as set out in the Arkansas 19
Veterinary Medical Practice Act, § 17 -101-101 et seq.; and 20
(2) To fund: 21
(A) The Agri Scholarship Program created under § 25 -38-212 22
and administered by the Department of Agriculture, with deposits to the Agri 23
Scholarship Program Fund in the amount of up to thirty thousand dollars 24
($30,000) per year; and 25
(B) The Rural Veterinary Student Scholarship Program, § 26
17-101-205. 27
28
SECTION 69. Arkansas Code § 19 -6-433 is amended to read as follows: 29
19-6-433. Livestock and Poultry Animal Health Equine Infectious Anemia 30
Control Fund. 31
The Livestock and Poultry Animal Health Equine Infectious Anemia 32
Control Fund shall consist of those special revenues as specified in § 19 -6-33
301(195), there to be used for the purpose of defraying the costs of services 34
performed in the Equine Infectious Anemia Control and Eradication Program as 35
set out in § 2-40-801 et seq. 36 SB550
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1
SECTION 70. Arkansas Code § 19 -6-448 is amended to read as follows: 2
19-6-448. Livestock and Poultry Commission Animal Health Disease and 3
Pest Control Fund. 4
The Livestock and Poultry Commission Animal Health Disease and Pest 5
Control Fund shall consist of any funds authorized by law and those special 6
revenues as specified in § 19 -6-301(126), there to be used in order to fund 7
or partially fund the bovine disease control and eradication program as 8
provided in § 2-40-206. 9
10
SECTION 71. Arkansas Code § 19 -6-466 is amended to read as follows: 11
19-6-466. Livestock and Poultry Commission Animal Health Swine Testing 12
Fund. 13
The Livestock and Poultry Commission Animal Health Swine Testing Fund 14
shall consist of those special revenues as specified in § 19 -6-301(159), 15
there to be used for the Pseudorabies Control and Eradication Program as set 16
out in § 2-40-1201. 17
18
SECTION 72. Arkansas Code § 19 -6-480 is amended to read as follows: 19
19-6-480. Livestock and Poultry Animal Health Special Revenue Fund. 20
(a) The Livestock and Poultry Animal Health Special Revenue Fund shall 21
consist of those special revenues as specified in § 19 -6-301(33) and (34) and 22
§§ 2-5-204, 2-5-206, and 2-6-106 that are not required for support of the 23
Arkansas Livestock and Poultry Commission Department of Agriculture Poultry 24
and Egg Grading Program, there to be used for those purposes as set out by 25
law. 26
(b) The Director of the Arkansas Livestock and Poultry Commission 27
Board of Animal Health , with the approval of the Chief Fiscal Officer of the 28
State, shall have the authority to transfer funds from the Livestock and 29
Poultry Animal Health Special Revenue Fund to the Livestock and Poultry 30
Animal Health Fund Account. 31
32
SECTION 73. Arkansas Code § 20 -19-312 is amended to read as follows: 33
20-19-312. State Board of Health's authority to regulate. 34
(a) The State Board of Health shall adopt rules necessary to carry out 35
this subchapter, with subsequent amendments as needed. 36 SB550
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(b) The Arkansas Livestock and Poultry Commission Board of Animal 1
Health may adopt rules as are necessary pertaining to dogs and cats 2
transported or moved into Arkansas for any purpose. 3
4
SECTION 74. Arkansas Code § 20 -58-204(a), concerning penalties under 5
the Arkansas Egg Marketing Act of 1969, is amended to read as follows: 6
(a) Any person, firm, or corporation violating any of the provisions 7
of this subchapter or rules of the Arkansas Livestock and Poultry Commission 8
Board of Animal Health shall be guilty of a violation and shall upon 9
conviction: 10
(1) For the first offense, be fined not less than twenty -five 11
dollars ($25.00) nor more than one hundred dollars ($100); 12
(2) For the second offense, be fined not less than one hundred 13
dollars ($100) nor more than two hundred fifty dollars ($250); and 14
(3) For the third offense, be fined not less than two hundred 15
fifty dollars ($250) nor more than five hundred dollars ($500). 16
17
SECTION 75. Arkansas Code §§ 20 -58-205 and 20-58-206 are amended to 18
read as follows: 19
20-58-205. Employees of Department of Agriculture — Powers and duties. 20
All duties and functions required to be performed by the Arkansas 21
Livestock and Poultry Commission Board of Animal Health under the provisions 22
of this subchapter shall be performed by the Department of Agriculture or its 23
authorized employees. 24
25
20-58-206. Arkansas Livestock and Poultry Commission Board of Animal 26
Health — Establishment of standards. 27
(a) The Arkansas Livestock and Poultry Commission Board of Animal 28
Health shall establish standards for the grading, classification, and marking 29
of shell eggs bought and sold by any person, firm, or corporation in the 30
State of Arkansas. 31
(b) The standards shall, on the date of the sale to the consumer, 32
conform to the minimum standards promulgated by the United States Department 33
of Agriculture as defined in the “United States Standards, Grades and Weight 34
Classes for Shell Eggs”, authorized under 7 U.S.C. § 1624, effective July 11, 35
1952, and amendments thereto. 36 SB550
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(c) The standards of quality of the United States Department of 1
Agriculture are adopted as the standards of quality for the enforcement of 2
this subchapter. Any egg described by the United States Department of 3
Agriculture as being inedible shall be deemed inedible under the provisions 4
of this subchapter. 5
6
SECTION 76. Arkansas Code § 20 -58-207(b)(2) and (3), concerning 7
prohibited acts under the Arkansas Egg Marketing Act of 1969, are amended to 8
read as follows: 9
(2) Use descriptive terminology as to eggs that have not been 10
graded and sized according to the standards set forth by the Arkansas 11
Livestock and Poultry Commission Board of Animal Health ; or 12
(3) Use descriptive terminology such as “fresh” to represent the 13
same to be “fresh” any eggs excepting those eggs that meet the minimum 14
requirements of Grade A or higher according to the standards set forth by the 15
commission board. 16
17
SECTION 77. Arkansas Code § 20 -58-209(d), concerning egg handler 18
permits under the Arkansas Egg Marketing Act of 1969, is amended to read as 19
follows: 20
(d) No person shall operate a shell egg processing plant and egg 21
candling room or an egg breaking plant before the plant or room has been 22
approved by the Arkansas Livestock and Poultry Commission Board of Animal 23
Health or its authorized agent and a permit issued. 24
25
SECTION 78. Arkansas Code § 20 -58-214 is amended to read as follows: 26
20-58-214. Enforcement. 27
(a) The Arkansas Livestock and Poultry Commission Board of Animal 28
Health shall enforce the provisions of this subchapter and is authorized to 29
make and promulgate such rules as may be necessary thereto. 30
(b)(1)(A) The commission Department of Agriculture and its authorized 31
employees or agents may enter any store, vehicle, market, or any other 32
business or place where eggs are bought, stored, sold, offered for sale, or 33
processed. 34
(B) The commission department is authorized to make such 35
inspections as needed of eggs to determine if the grades of the eggs conform 36 SB550
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to grades as labeled on the exterior of the container. 1
(2) If the inspection determines that the eggs in the container 2
do not conform to the grade as labeled on the exterior of the container, the 3
commission department or its employees or agents are authorized to examine 4
the invoices and such other records as are needed to determine the cause and 5
place of the violation of the rule of this subchapter. 6
(c) The commission department and its authorized employees shall have 7
the power to stop sale and impound, retain, or destroy any containers of eggs 8
offered for sale which are in conflict with any provisions of this 9
subchapter. 10
11
SECTION 79. Arkansas Code § 20 -58-215(b), concerning the setting of 12
the inspection and annual permit fees under the Arkansas Egg Marketing Act of 13
1969, is amended to read as follows: 14
(b) The inspection fee and annual permit fee will be set by the 15
Arkansas Livestock and Poultry Commission Board of Animal Health after review 16
and consultation with the Poultry Federation for all shell eggs and egg 17
products processed or sold in the State of Arkansas . 18
19
SECTION 80. Arkansas Code § 20 -58-216 is amended to read as follows: 20
20-58-216. Audits. 21
(a) Annual audits of all permit holders, including out -of-state permit 22
holders, will be performed by the Arkansas Livestock and Poultry Commission 23
Department of Agriculture to ensure proper reporting of egg inspection fees. 24
(b)(1) Travel expenses incurred in conducting out -of-state audits are 25
to be reimbursed to the commission department by out-of-state permit holders. 26
(2) The State of Arkansas’s out -of-state daily allowance for 27
meals and lodging will be the maximum amount reimbursable, plus travel 28
expenses to and from locations of permit holders. 29
30
SECTION 81. Arkansas Code § 20 -60-206(c)(2), concerning consultation 31
with meat and meat food products industry under the State Meat Inspection 32
Program, is amended to read as follows: 33
(2) Consult with the meat and meat food products industry, 34
including the Arkansas Livestock and Poultry Commission Board of Animal 35
Health, as well as the Department of Health, when developing the procedures, 36 SB550
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rules, and policies regarding the program; 1
2
SECTION 82. Arkansas Code § 24 -4-804(c)(2), concerning those members 3
who are exempt from the provisions of the deferred retirement option plan 4
requiring separation from service, is amended to read as follows: 5
(2)(A)(i) This section does not apply to a member who: 6
(a) Was an employee of the Arkansas Forestry 7
Commission, the Arkansas Livestock and Poultry Commission , the Arkansas Board 8
of Animal Health, or the State Plant Board; 9
(b) Is a participant in the plan; and 10
(c) Is an essential seasonal staff member with 11
the Arkansas Forestry Commission, the Arkansas Livestock and Poultry 12
Commission Board of Animal Health , or the State Plant Board. 13
(ii) This section does not apply to a member who: 14
(a) Was an employee of the Department of 15
Agriculture; 16
(b) Is a participant in the plan; and 17
(c) Is an essential seasonal staff member with 18
the department. 19
(B) As used in subdivision (c)(2)(A) of this section, 20
“essential seasonal staff member” means an employee of the department, the 21
Arkansas Forestry Commission, the Arkansas Livestock and Poultry Commission 22
Board of Animal Health , or the State Plant Board who: 23
(i) Has specialized knowledge, skill, or training 24
pertaining to necessary duties or tasks to be completed by the department, 25
the Arkansas Forestry Commission, the Arkansas Livestock and Poultry 26
Commission Board of Animal Health , or the State Plant Board in times of 27
emergency, disaster cleanup, extreme weather, or other circumstances deemed 28
pressing by the department, the Arkansas Forestry Commission, the Arkansas 29
Livestock and Poultry Commission Board of Animal Health , or the State Plant 30
Board; and 31
(ii) Is employed by the department, the Arkansas 32
Forestry Commission, the Arkansas Livestock and Poultry Commission Board of 33
Animal Health, or the State Plant Board on a part -time basis: 34
(a) During times of emergency, disaster 35
cleanup, extreme weather, or other circumstances deemed pressing by the 36 SB550
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department, the Arkansas Forestry Commission, the Arkansas Livestock and 1
Poultry Commission Board of Animal Health , or the State Plant Board; or 2
(b) As an instructor to train other staff for 3
times of emergency, disaster cleanup, extreme weather, or other circumstances 4
deemed pressing by the department, the Arkansas Forestry Commission, the 5
Arkansas Livestock and Poultry Commission Board of Animal Health , or the 6
State Plant Board. 7
8
SECTION 83. Arkansas Code § 25 -15-104(a)(1)(K), concerning the 9
subpoena powers of certain boards and commissions, is amended to read as 10
follows: 11
(K) Arkansas Livestock and Poultry Commission Board of 12
Animal Health, § 2-33-101 et seq.; 13
14
SECTION 84. Arkansas Code § 25 -16-903(27), concerning the stipends 15
provided to members of certain state boards and commissions, is amended to 16
read as follows: 17
(27) Arkansas Livestock and Poultry Commission Board of Animal 18
Health; 19
20
SECTION 85. Arkansas Code § 25 -38-202(b)(3)(A)(ii)(d), concerning the 21
authorization for the Secretary of the Department of Agriculture to delegate 22
authority regarding rules, orders, or directives promulgated by the Arkansas 23
Livestock and Poultry Commission, is amended to read as follows: 24
(d) Arkansas Livestock and Poultry Commission 25
Board of Animal Health ; 26
27
SECTION 86. Arkansas Code § 25 -38-206(a)(2), concerning the transfer 28
of personnel, administrative functions, human resources, and accounting 29
offices of the Arkansas Livestock and Poultry Commission to the Department of 30
Agriculture, is amended to read as follows: 31
(2) The Arkansas Livestock and Poultry Commission Board of 32
Animal Health; 33
34
SECTION 87. Arkansas Code § 25 -38-211(a)(5), concerning the transfer 35
of certain agricultural boards, commissions, committees, bureaus, programs, 36 SB550
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and offices to the Department of Agriculture, is amended to read as follows: 1
(5) The Arkansas Livestock and Poultry Commission Board of 2
Animal Health, created under § 2-33-101; 3
4
SECTION 88. Arkansas Code § 25 -43-202(a)(6), concerning state entities 5
transferred to the Department of Agriculture, is amended to read as follows: 6
(6) The Arkansas Livestock and Poultry Commission Board of 7
Animal Health, created under § 2-33-101; 8
9
SECTION 89. Arkansas Code § 26-52-518(a)(3)(C)(ii), concerning 10
exclusions from the definition of "special events" related to returns and 11
remittance of tax under the gross receipts tax, is amended to read as 12
follows: 13
(ii) The four states livestock show that has 14
been approved under the rules of the Arkansas Livestock and Poultry 15
Commission Board of Animal Health to receive state funds; or 16
17
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APPROVED: 4/16/25 19
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