Ark. Code § 2-1-305

Current through the 2019 Legislative Session, Acts 1 through 1092
Section 2-1-305 - Prohibited activities

A person shall not misbrand or misrepresent an agricultural product that is edible by humans, including without limitation by:

(1) Affixing a label that is false or misleading;
(2) Selling the agricultural product under the name of another food;
(3) Omitting information required under § 20-56-209 from the label;
(4) Placing information on the label in a way that does not conform with the requirements under § 20-56-209;
(5) Representing the agricultural product as a food for which a definition and standard of identity has been provided by regulations under § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2019, unless:
(A) The agricultural product conforms to the definition and standard; and
(B) The label of the agricultural product bears the name of the food specified in the definition and standard and includes the common names of optional ingredients other than spices, flavoring, and coloring present in the food as regulations require;
(6) Representing the agricultural product as meat or a meat product when the agricultural product is not derived from harvested livestock, poultry, or cervids;
(7) Representing the agricultural product as rice when the agricultural product is not rice;
(8) Representing the agricultural product as beef or a beef product when the agricultural product is not derived from a domesticated bovine;
(9) Representing the agricultural product as pork or a pork product when the agricultural product is not derived from a domesticated swine;
(10) Utilizing a term that is the same as or similar to a term that has been used or defined historically in reference to a specific agricultural product; or
(11) Affixing a label that uses a variation of rice in the name of the agricultural product when the agricultural product is not rice or derived from rice.

Ark. Code § 2-1-305

Added by Act 2019, No. 501,§ 1, eff. 7/24/2019.