As used in this subchapter: (1) “Advertisement” means all representations other than those on the label written, recorded, or published and distributed by the labeler; (2) “Agricultural seed” means the seeds of grass, forage, cereal, oil and fiber crops, and any other kinds of seed commonly recognized within this state as agricultural seeds and mixtures […]
(a) (1) When any buyer believes that he or she has been damaged by the failure of agricultural seed to produce or perform as represented by the labeling of the agricultural seed, as a prerequisite to the buyer’s right to maintain a legal action against the dealer or labeler and within a reasonable time after […]
(a) (1) Any seed dealer or labeler against whom suit is brought in any state or federal court by a buyer who alleges that he or she has been damaged by the failure of seeds purchased from a seed dealer to perform as labeled, may request an investigation by the arbitration committee. (2) A filing […]
(a) (1) (A) The Director of the State Plant Board shall appoint an arbitration committee composed of six (6) members and six (6) alternate members with one (1) member and one (1) alternate to be appointed upon the recommendation of each of the following: (i) The President of the Arkansas Seed Growers Association; (ii) The […]
(a) The purpose of the arbitration committee is to assist agricultural seed buyers and agricultural seed dealers or labelers in determining the facts relating to matters alleged in complaints made by buyers against dealers or labelers. The committee may make rules to carry out the purposes of this act. (b) The committee may recommend money […]
(a) The arbitration committee may be called into session by the Director of the State Plant Board or upon the direction of the chairperson to consider the matters referred to it by the board. (b) If the committee determines that an informal hearing should be conducted to allow each party an opportunity to present his […]
(a) When the Director of the State Plant Board refers to the arbitration committee any complaint made by a buyer against a dealer or labeler, the committee shall make a full and complete investigation of the matters complained of and at the conclusion of the investigation, report through its secretary the findings and recommendations to […]
(a) In conducting its investigation, the arbitration committee may: (1) Examine the buyer on his or her use of the seed of which he or she complains and the dealer or labeler on his or her packaging, labeling, and selling operation of the seed alleged to be faulty; (2) Grow to production a representative sample […]
The committee shall keep a record of its activities and reports on file in the State Plant Board.
The consumer and seedsman shall give written notice to the department of the acceptance or rejection of the arbitration committee’s recommended terms of settlement within thirty (30) days from the date such recommended terms of settlement are issued by the arbitration committee.
