§ 2-6-101. Title
This chapter shall be known and may be cited as the “Arkansas Catfish Processor Fair Practices Act of 1987”.
§ 2-6-102. Purpose
The General Assembly finds that a burden on and an obstruction to intrastate commerce in the catfish farming industry is caused when payment is not made for the catfish and that these arrangements are contrary to the public interest. This chapter is intended to remedy this burden on and obstruction to intrastate commerce in catfish […]
§ 2-6-103. Definitions
As used in this chapter: (1) “Board” means the State Plant Board; (2) “Capable of use as human food” means and applies to any catfish or part or product of any catfish unless it is denatured or otherwise identified as required by rules prescribed by the board to deter its use as human food, or […]
§ 2-6-104. Administration
(a) This chapter shall be administered by the State Plant Board. (b) The board is authorized to promulgate such rules as may be necessary for the efficient enforcement of this chapter, including the establishment of reasonable fees for registering with the board.
§ 2-6-105. Registration and suspension — Exception
(a) (1) Except as provided in subsection (e) of this section, every catfish processor in the state shall register with the State Plant Board. (2) Applications for registration as a catfish processor under this chapter shall be made on forms prescribed by the Director of the State Plant Board. (3) Every application is to be […]
§ 2-6-106. Unlawful practices — Penalties
(a) (1) With respect to catfish or catfish products, it shall be unlawful for any processor to engage in or use any unfair, unjustly discriminatory, or deceptive practice. (2) If any person subject to this chapter violates any of the provisions of this chapter or of any order of the State Plant Board under this […]
§ 2-6-107. Purchase methods — Delays
(a) Each processor shall use one (1) of the following methods to purchase catfish products: (1) The processor may deliver to the producer or his or her authorized representative and any secured parties the full amount of the purchase price on the same day the catfish product is purchased and possession is transferred; (2) (A) […]
§ 2-6-109. Receivership — Petition — Assets
(a) The Director of the State Plant Board in his or her discretion may, following a suspension of a Class A registrant as provided in this chapter, file a verified petition in the proper court requesting that the director be appointed as a receiver to take custody of catfish in the registrant’s facility and to […]
§ 2-6-110. Receivership — Plan for disposition of catfish
A petition filed by the Director of the State Plant Board under § 2-6-109 shall be accompanied by the director’s plan for disposition of the processed catfish. The plan may provide for the pro rata delivery of part or all of the processed catfish to producers holding weigh tickets, or may provide for the sale […]
§ 2-6-111. Receivership — Hearings on plan — Notice — Service
(a) When a petition is filed by the Director of the State Plant Board under § 2-6-109 the clerk of court shall set a date for hearing on the director’s proposed plan of disposition at a time not less than ten (10) nor more than fifteen (15) calendar days after the date the petition is […]
§ 2-6-112. Receivership — Notification to weigh ticket holders
(a) The Director of the State Plant Board shall cause a copy of each of the documents served upon the Class A registrant under § 2-6-111 to be mailed by ordinary mail to every person holding a weigh ticket issued by the Class A registrant, as determined by the records of the Class A registrant […]
§ 2-6-113. Receivership — Publication of notification of receiver’s appointment
When appointed as a receiver under this chapter the Director of the State Plant Board shall cause notification of the appointment to be published once each week for two (2) consecutive weeks in a newspaper of general circulation in each of the counties in which the Class A registrant maintains a business location, and in […]
§ 2-6-114. Receivership — Designee — Duties of director
The Director of the State Plant Board may designate one (1) of his or her employees to appear on behalf of the director in any proceedings before the court with respect to the receivership, and to exercise the functions of the director as receiver, except that the director shall determine whether or not to petition […]
§ 2-6-115. Receivership — Applicability of administrative procedures
The actions of the Director of the State Plant Board in connection with petitioning for appointment as a receiver, and all actions under such appointment, shall not be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
§ 2-6-116. Receivership — Sureties
When the Director of the State Plant Board is appointed as receiver under this chapter, the surety on the bond of the Class A registrant shall be joined as a party defendant by the director. If required by the court, the surety shall pay the bond proceeds, or so much thereof as the court finds […]
§ 2-6-117. Receivership — Notice of claims filing deadline
(a) When appointed as receiver under this chapter, the Director of the State Plant Board is authorized to give notice in the manner specified by the court to persons holding weigh tickets issued by the Class A registrant to file their claims within sixty (60) calendar days after the date of appointment. (b) Failure to […]
§ 2-6-118. Receivership — Sale of processed catfish — Merchandiser
(a) When the court approves the sale of processed catfish the Director of the State Plant Board shall employ a merchandiser to effect the sale of those commodities. (b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under […]
§ 2-6-119. Receivership — Distribution to producers
The plan of disposition, as approved by the court, shall provide for the distribution of the processed catfish, or the proceeds from the sale of processed catfish or the proceeds from any surety bond, or any combination thereof, less expenses incurred by the Director of the State Plant Board in connection with the receivership, to […]
§ 2-6-120. Receivership — Continued operation of business
The Director of the State Plant Board may, with the approval of the court, continue the operation of all or any part of the business of the Class A registrant on a temporary basis and take any other course of action or procedure which will serve the interests of the producers.
§ 2-6-121. Receivership — Reimbursement
The Director of the State Plant Board shall be entitled to reimbursement out of processed catfish or proceeds held in receivership for all expenses incurred as court costs or in handling and disposing of processed catfish, and for all other costs directly attributable to the receivership. The right of reimbursement of the director shall be […]