Arkansas 2025 Regular Session

Arkansas Senate Bill SB581 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *CRH151* 03/31/2025 10:46:55 AM CRH151
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 581 3
66 4
77 By: Senator B. King 5
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1010 For An Act To Be Entitled 8
1111 AN ACT CONCERNING POULTRY INTEGRATORS; TO CREATE THE 9
1212 POULTRY INTEGRATORS DECEPTIVE TRADE PRACTICES AND 10
1313 TAXPAYER PROTECTION ACT; AND FOR OTHER PURPOSES. 11
1414 12
1515 13
1616 Subtitle 14
1717 TO CREATE THE POULTRY INTEGRATORS 15
1818 DECEPTIVE TRADE PRACTICES AND TAXPAYER 16
1919 PROTECTION ACT. 17
2020 18
2121 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
2222 20
2323 SECTION 1. Arkansas Code Title 4, Chapter 88, is amended to add an 21
2424 additional subchapter to read as follows: 22
2525 Subchapter 15 — Poultry Integrators Deceptive Trade Practices and Taxpayer 23
2626 Protection Act 24
2727 25
2828 4-88-1501. Title. 26
2929 This subchapter shall be known and may be cited as the "Poultry 27
3030 Integrators Deceptive Trade Practices and Taxpayer Protection Act". 28
3131 29
3232 4-88-1502. Poultry integrator transparency — Definition. 30
3333 (a) As used in this section, "poultry integrator" means a company that 31
3434 owns poultry throughout the poultry growing process by supplying food, 32
3535 medicine, or other needs for the poultry under a contract with a grower. 33
3636 (b) An owner or operator of a poultry integrator shall not: 34
3737 (1) Fail to disclose a material fact related to the business 35
3838 health of the poultry integrator's business to a grower in contract 36 SB581
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4141 negotiations or under contract with the poultry integrator; 1
4242 (2) Require the grower to make costly capital improvements or 2
4343 changes to the grower's poultry houses or the manner of growing without 3
4444 adequate assurance that the poultry integrator will fulfill its obligations 4
4545 under the poultry contract with the grower; 5
4646 (3) In the event the poultry integrator will no longer be able 6
4747 to remain in business, fail to take all reasonable steps to ensure the 7
4848 poultry subject to a contract between the poultry integrator and the grower 8
4949 will be adequately taken care of; or 9
5050 (4) Commit any deceptive and unconscionable trade practice as 10
5151 described in § 4-88-107. 11
5252 12
5353 4-88-1503. Liability for poultry integrators — Penalties. 13
5454 (a) An owner or operator of a poultry integrator that violates this 14
5555 subchapter is liable if the poultry integrator knowingly engages in an action 15
5656 described under § 4-88-1502(b). 16
5757 (b)(1) As authorized under § 4 -88-103, a prosecutor may initiate an 17
5858 enforcement action against the owner or operator of a poultry integrator who 18
5959 allegedly violates § 4 -88-1502. 19
6060 (2) As authorized under § 4 -88-104, the Attorney General may 20
6161 initiate an enforcement action against the owner or operator of a poultry 21
6262 integrator who allegedly commits a violation of § 4 -88-1502. 22
6363 (c) The owner or operator of a poultry integrator that violates this 23
6464 subchapter is, upon conviction, guilty of a Class B felony. 24
6565 (d) A grower who is injured by the violation of this subchapter by a 25
6666 poultry integrator may: 26
6767 (1) File a civil action for damages; and 27
6868 (2) Be awarded damages, fees, costs, and reasonable attorney's 28
6969 fees. 29
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