§ 2-21-101. Title

This chapter shall be known as the “Arkansas Nursery Fraud Act of 1919”.

§ 2-21-102. Definitions

As used in this chapter, unless the context otherwise requires: (1) “Agent” means any person not selling nursery stock under the partial or full control of a nurseryman or of a dealer or other agent. This term shall also apply to any person engaged with a nurseryman, dealer, or agent in handling nursery stock on […]

§ 2-21-103. Unlawful acts

(a) Without first having qualified, obtained, and having in force a valid license from the State Plant Board to do so, it shall be unlawful for any person, firm, or corporation to: (1) Engage in, conduct, or carry on the business of selling or dealing in any nursery stock or of importing into this state […]

§ 2-21-104. Penalty

Any person who shall violate any provisions or requirements of this chapter or of the rules made under authority of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500).

§ 2-21-105. Prosecutions

Prosecutions under this chapter shall be commenced by the prosecuting attorney upon evidence furnished by the Director of the State Plant Board.

§ 2-21-106. Rules

The State Plant Board is authorized to make such reasonable rules as it may deem necessary for the enforcement of the provisions of this chapter and to prevent violations.

§ 2-21-107. Issuance of licenses

(a) All licenses shall be in the name of the person, firm, or corporation licensed and shall show the: (1) Purposes for which issued; and (2) Name and location of the nursery or place of business of the nurseryman or dealer licensed or represented by the agent, salesman, or solicitor licensed. (b) No license shall […]

§ 2-21-108. License fees

(a) No license shall be issued until the applicant shall have qualified and paid the required fee. (b) (1) The annual license fee shall be ten dollars ($10.00) for either a nurseryman or dealer in nursery stock and ten dollars ($10.00) for each agent, salesman, or solicitor. (2) Fees for nursery inspections under the Arkansas […]

§ 2-21-109. Expiration of licenses

(a) Licenses shall be issued on an annual basis. (b) The date of expiration of the licenses shall be set by the State Plant Board in its rules and regulations made under this chapter.

§ 2-21-110. Denial of license

(a) The State Plant Board shall have authority to deny or refuse renewal of a license to any person when it is revealed by investigation or experience that the person does not have a record of financial or moral responsibility. (b) Any person so denied a license may appeal to the circuit court.

§ 2-21-111. Invalidation of license

(a) Any license issued in accordance with this chapter may be invalidated by the State Plant Board or its authorized representative, after a hearing, for the following reasons: (1) Substitution by the licensee of varieties or kinds of nursery stock other than those ordered, except by the consent of the purchaser; (2) Misrepresentations such as […]

§ 2-21-112. Certification of experts

Any person contracting to render expert advice or services regarding horticultural practices as part of the value received in the sale of nursery stock shall be required to: (1) Furnish satisfactory evidence to the Director of the State Plant Board that he or she is qualified to give expert advice or perform the service; and […]

§ 2-21-113. Disposition of moneys

All moneys collected by the State Plant Board under this chapter shall be deposited and used in the same manner as moneys collected under § 2-16-210.