§ 2-24-101. Title
This chapter shall be known and may be cited as the “Arkansas Grain Dealers Act”.
§ 2-24-102. Definitions
As used in this chapter: (1) (A) “Dealer” means a person that operates as a grain buyer. (B) “Dealer” does not include a person licensed under the following: (i) The United States Warehouse Act, 7 U.S.C. § 241 et seq.; or (ii) The Arkansas Public Grain Warehouse Law, § 2-17-201 et seq.; (2) “End user” […]
§ 2-24-103. Administration — Exemption
(a) The State Plant Board shall: (1) Administer this chapter; and (2) Create a publicly accessible database of: (A) Dealers licensed under this chapter; (B) Persons licensed under the United States Warehouse Act, 7 U.S.C. § 241 et seq.; and (C) Persons licensed under the Arkansas Public Grain Warehouse Law, § 2-17-201 et seq. (b) […]
§ 2-24-104. License required
(a) (1) A dealer shall obtain a license from the State Plant Board under this chapter before entering into a contract for or purchasing grain. (2) A dealer that exists as of the effective date of this chapter has sixty (60) days from March 23, 2015 to obtain a license. (b) (1) A license is […]
§ 2-24-105. Applications for licenses — Renewal
(a) The State Plant Board shall issue a license to a dealer that satisfies the requirements of this chapter and the rules promulgated by the board. (b) A dealer seeking licensure under this chapter shall submit an application to the board on the form prescribed by the board. (c) (1) A dealer shall renew its […]
§ 2-24-106. Bond requirement
The State Plant Board may require a surety bond, financial reserve, or other evidence of creditworthiness for dealers.
§ 2-24-107. Reporting — Audits and inspections
(a) A dealer shall report to the State Plant Board annually on the form prescribed by the board. (b) The board may audit and inspect each dealer annually and as necessary.
§ 2-24-108. Violations — Penalties
(a) It is a violation of this chapter to: (1) Operate as a dealer without a license issued under this chapter; (2) Knowingly violate this chapter; or (3) Knowingly refuse to allow inspection of a dealer’s premises, books, accounts, or other records during an audit by the State Plant Board under this chapter. (b) A […]
§ 2-24-109. Suspension of license
(a) (1) The State Plant Board may temporarily suspend a dealer’s license without a hearing if the board determines that the public health, safety, or welfare requires immediate action. (2) If the board temporarily suspends a dealer’s license under subdivision (a)(1) of this section, the board shall notify the dealer immediately by certified mail of […]
§ 2-24-110. Receivership
(a) Following the suspension of a dealer’s license under this chapter, the State Plant Board may file a verified petition in a court of competent jurisdiction requesting the appointment of a receiver to take custody of the assets of the dealer and provide for the disposition of the assets under the supervision of the court. […]
§ 2-24-111. Cease and desist
The State Plant Board may order a dealer to cease and desist any activity that is in violation of this chapter.
§ 2-24-112. Slow-pay hotline
(a) The State Plant Board shall establish a slow-pay hotline for a person to notify the board that a dealer is more than thirty (30) days late on the dealer’s contractual obligation for payment of grain to the person. (b) A dealer shall provide notice to each person from which the dealer purchases grain on […]
§ 2-24-113. Recordkeeping
(a) The State Plant Board shall promulgate rules concerning the records a dealer is required to maintain for the proper administration of this chapter. (b) A dealer shall: (1) Maintain the records required by the board under this section for five (5) years; and (2) Make the records available to the board on request.
§ 2-24-114. Rules
The State Plant Board shall promulgate rules to implement and administer this chapter.