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Meat and Meat Products

Ark. Code Ann. tit. 20, ch. 60
in effect

Ark. Code Ann. § 20-60-101 Use of imported meat in food establishment — Definition.

(a)(1) As used in this section, “food service establishment” means any: (A) Fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grille, tearoom, soda fountain, sandwich shop, hotel kitchen, smorgasbord, tavern, bar, cocktail lounge, night club, roadside stand, industrial feeding establishment, school lunch project, private, public, or nonprofit organization or institution routinely serving the public, catering kitchen, commissary, or similar place in which the food or drink is prepared for sale or for service on the premises or elsewhere; (B) Grocery store, delicatessen, meat market, retail bakery, or other establishment that sells or otherwise provides food for immediate or on-premise consumption, regardless of whether serving food for immediate consumption is the primary activity of the business; or (C) Eating and drinking establishment where food is served or provided for the public with or without charge. (2) The following places where food is served shall be exempt from the definition of a food service establishment: (A) Group homes routinely serving ten (10) or fewer persons; (B) Day care centers routinely serving ten (10) or fewer persons; (C) Potluck suppers, community picnics, or other group gatherings where food is served but not sold; (D) Nonprofit organizations that sell food on a temporary basis for fund-raising events; and (E) Hospital kitchens and nursing home kitchens. (b) Each food service establishment shall indicate on its menu or on a notice prominently placed in the establishment whether beef imported from outside the United States is served if the proprietor of the establishment knowingly, willfully, and consistently serves imported beef. (c) Any person found guilty of violating this section shall be guilty of a violation and upon conviction fined ten dollars ($10.00) for the first offense and twenty dollars ($20.00) for the second or subsequent offense.

Ark. Code Ann. § 20-60-102 Arkansas bacon.

(a)(1) The term “Arkansas bacon” shall not be used to identify any meat product other than the pork shoulder blade Boston roast prepared in the State of Arkansas in accordance with this section. (2) Pork shoulder blade Boston roast prepared outside the State of Arkansas but in the manner prescribed by this section may be identified as “Arkansas-style bacon”. (b)(1) “Arkansas bacon” and “Arkansas-style bacon” are produced from the pork shoulder blade Boston roast by removing the neck bones and rib bones by cutting close to the underside of those bones, removing the blade bone or scapula, and removing the dorsal fat covering, including the skin or clear plate, and leaving no more than one-quarter inch (¼”) of the fat covering the roast. (2)(A) The meat is then dry-cured with salt, sugar, nitrites, and spices, and smoked with natural smoke. (B) The meat may not be injected or soaked in curing brine, nor may any artificial or liquid smoke be applied to the meat. (3) The pork shoulder blade Boston roast includes the porcine muscle, fat, and bone cut interior of the second or third thoracic vertebrae and posterior of the atlas joint or first cervical vertebrae and dorsal of the center of the humerus bone. (c) Any person who labels or otherwise identifies meat contrary to the provisions of this section shall be guilty of a violation punishable by a fine not to exceed one thousand dollars ($1,000).

Ark. Code Ann. § 20-60-201 Title.

This subchapter shall be known and may be cited as the "Arkansas Meat and Meat Products Inspection Act".

Ark. Code Ann. § 20-60-202 Policy — Legislative findings.

(a) The General Assembly finds that: (1) Meat and meat food products are an important source of the supply of human food in this state; (2) Legislation to assure that the food supplies are wholesome, unadulterated, and otherwise fit for human consumption and properly labeled is in the public interest; (3) The lack of a state meat inspection program causes a significant loss of revenue generated from meat processing for this state and stifles opportunities for farmers in this state to expand their meat processing capacity; (4) A state meat inspection program would ensure the preservation of family farms and local businesses and enhance rural economic development as well as the environmental and social wealth of rural communities; (5) Without a state meat inspection program, it is currently prohibitively expensive for food banks to receive and distribute meat, which limits the ability of food banks to provide senior citizens with meals containing high amounts of protein and other important nutrients; (6) A state meat inspection program would decrease the cost of receiving and distributing meat for food banks and allow food banks to provide meals containing high amounts of protein and other important nutrients to senior citizens who are often underserved by food assistance programs; and (7) A state meat inspection program that is locally controlled would preserve the ability of communities to produce, process, sell, purchase, and consume locally produced foods. (b) The policy of this state is to provide for the inspection of livestock slaughtered, livestock carcasses, parts of livestock carcasses, and meat food products processed from livestock slaughtered for human food at certain establishments to prevent the distribution in intrastate commerce of livestock carcasses, parts of livestock carcasses, and meat food products that are unwholesome, adulterated, or otherwise inedible by humans, or are improperly labeled or falsely advertised.

Ark. Code Ann. § 20-60-203 Definitions.

As used in this subchapter, unless the context otherwise requires: (1) “Adulterated” means that a livestock carcass, part of a livestock carcass, or meat food product meets one (1) or more of the following criteria: (A) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any poisonous or deleterious substance that may render the livestock carcass, part of a livestock carcass, or meat food product injurious to health (B)(i) The livestock carcass, part of a livestock carcass, or meat food product bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in the production of livestock carcasses, parts of a livestock carcass, or meat food products or is unavoidable under good manufacturing practices as may be determined by rules prescribed by the Secretary of the Department of Agriculture. (ii) However, any quantity of added substances exceeding the fixed limit constitutes adulteration; (C) A substance has been substituted, wholly or in part, for the livestock carcass, part of a livestock carcass, or meat food product; (D) Damage to or inferiority of the livestock carcass, part of a livestock carcass, or meat food product has been concealed in any manner; (E) A valuable constituent has been in whole or in part omitted or abstracted from the livestock carcass, part of a livestock carcass, or meat food product; or (F) A substance has been added to the livestock carcass, part of a livestock carcass, or meat food product for the purpose of: (i) Increasing the bulk or weight of the livestock carcass, part of a livestock carcass, or meat food product; (ii) Reducing the quality or strength of the livestock carcass, part of a livestock carcass, or meat food product; or (iii) Making the livestock carcass, part of a livestock carcass, or meat food product appear to be better or of greater value than the livestock carcass, part of a livestock carcass, or meat food product is; (2) “Advertisement” means a representation disseminated in any manner or by any means other than by labeling for the purpose of inducing, or that is likely to induce, directly or indirectly, the purchase of meat or meat food products; (3) “Container” means any box, can, tin, cloth, plastic, or any other receptacle, wrapper, or cover; (4) "Direct producer-to-consumer transaction" means a face-to- face transaction involving meat or meat food products at the site of production of the meat or meat food products; (5) “Immediate container” means any consumer container or any other container in which meat or a meat food product, not consumer packaged, is packed; (6) “Inspector” means an employee or official of this state authorized by the secretary to inspect livestock, livestock carcasses, parts of livestock carcasses, or meat food products under this subchapter; (7) “Intrastate commerce” means the buying, selling, or exchanging of meat or meat food products within this state; (8) “Label” means any written, printed, or graphic material upon the shipping container, if any, or upon the immediate container of meat or meat food product, including without limitation any individual consumer container of meat or a meat food product or accompanying the meat or meat food product; (9) “Livestock” means cattle, sheep, swine, goats, or horses; (10) “Meat” means any edible part of the carcass of any livestock; (11)(A) “Meat food product” means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock. (B) "Meat food product" does not include a food or food product that is exempted by the secretary upon the determination of the secretary that the food or food product: (i) Contains only a minimal amount of meat and is not represented as a meat food product; or (ii) Is for medicinal purposes and is advertised only to the medical profession; (12)(A) “Official establishment” means any establishment in this state as determined by the secretary at which inspection of the slaughter of livestock or the processing of livestock, livestock carcasses, parts of livestock carcasses, or meat food products is maintained under this subchapter. (B) "Official establishment" does not include the farm or ranch of the producer of livestock or meat where the livestock or meat is sold on an occasional basis directly to the consumer and user of the livestock or meat; (13) “Official inspection mark” means any symbol, formulated under rules prescribed by the secretary, stating that meat or a meat food product has been inspected and passed; (14) “Person” means any individual, partnership, corporation, association, or any other business entity; (15) “Shipping container” means any container used or intended for use in packaging the meat or meat food product packed in an immediate container; (16) “Unwholesome” means: (A) Unsound, injurious to health, containing any biological residue not permitted by rules prescribed by the secretary, or otherwise rendered unfit for human food; (B) Consisting in whole or in part of any filthy, putrid, or decomposed substance; (C) Processed, prepared, packed, or held under unsanitary conditions whereby any livestock carcass, part of a livestock carcass, or meat food product may have become contaminated with filth or may have been rendered injurious to health; (D) Produced in whole or in part from livestock that has died otherwise than by slaughter; or (E) Packaged in a container composed of any poisonous or deleterious substance that may render the contents injurious to health; and (17) “Wholesome” means sound, healthful, clean, and otherwise edible by humans.

Ark. Code Ann. § 20-60-204 Exceptions.

(a)(1) The Secretary of the Department of Agriculture shall, by rule and under conditions regarding labeling, sanitary standards, practices, and procedures he or she may prescribe, exempt from specific provisions of this subchapter: (A) A livestock producer with respect to livestock carcasses, parts of livestock carcasses, and meat food products, processed by the livestock producer from livestock of the livestock producer's own raising on the producer's own farm and used by the livestock producer for personal or private consumption, but in no instance in which the meat or meat food product is to be offered or used for public consumption; (B) A person slaughtering livestock or otherwise processing or handling livestock carcasses, parts of livestock carcasses, or meat food products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the secretary determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this subchapter; and (C) Any establishment engaged in slaughtering livestock or processing livestock carcasses, parts of livestock carcasses, or meat food products for intrastate commerce and the livestock carcass, part of a livestock carcass, or meat food product processed by the establishment when the establishment is subject to inspection under a city ordinance that sets standards in conformity with the minimum standards determined by the secretary. (2) The secretary may, by order, suspend or terminate any exemption under this section with respect to any person whenever the secretary finds that the action will aid in effectuating the purposes of this subchapter. (b) This subchapter does not apply to: (1) Any act or transaction subject to regulation under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, if the standards required under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, are in conformity with the minimum standards determined by the secretary; (2) The custom slaughtering by any person of livestock for direct producer-to-consumer transactions in compliance with all applicable state laws and rules and federal laws and regulations; or (3)(A) The custom slaughtering by any person of livestock delivered by the owner of the livestock for the slaughter and the preparation by the slaughterer and transportation in commerce of the livestock carcass, parts of the livestock carcass, meat, and meat food products , exclusively for use in the household of the owner by the owner, members of the owner's household, and the owner's nonpaying guests and employees. (B) To maintain the exemption under this subsection: (i) The custom establishment shall comply with the rules promulgated by the secretary to insure that any livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared, or any containers containing uninspected, exempted custom meat and meat food products, are separated at all times from inspected livestock carcasses, parts of livestock carcasses, meat, or meat food products prepared for sale; (ii) Unless processed for a direct producer-to- consumer transaction, all uninspected meat and meat food products prepared on an exempted custom basis shall be plainly marked “Not For Sale” immediately after being prepared and remain marked "Not For Sale" until delivered to the owner; (iii) The official establishment conducting the exempted custom operation shall be maintained and operated in a sanitary manner; and (iv) The meat and meat food products prepared shall not be adulterated, mislabeled, or misbranded according to this subchapter. (c) This subchapter does not affect any existing right of cities or towns to levy occupation taxes or license fees against official establishments covered in this subchapter.

Ark. Code Ann. § 20-60-205 Penalties.

(a)(1) For a first offense, a person who violates the provisions of this subchapter upon conviction is subject to imprisonment for not more than six (6) months or a fine of not less than one hundred dollars ($100) nor more than three thousand dollars ($3,000), or both imprisonment and fine. (2) If the violation is committed after one (1) conviction of the person under this section, the person shall be subject to imprisonment for not more than one (1) year or a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both imprisonment and fine. (3) If the violation is committed after two (2) or more convictions of the person under this section have become final, the person shall be subject to imprisonment for not more than two (2) years or a fine of not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000), or both imprisonment and fine. (b) When construing or enforcing this subchapter, the act, omission, or failure of any person acting for or employed by another person within the scope of his or her employment or office shall in every case be deemed the act, omission, or failure of the other person, as well as of the person acting for or employed by the other person. (c) A carrier or warehouser is not subject to the penalties of this subchapter other than the penalties for violation of § 20-60-215 by reason of his or her receipt, carriage, holding, or delivery in the usual course of business as a carrier or warehouser of livestock carcasses, parts of livestock carcasses, or meat food products owned by another person unless the carrier or warehouser has knowledge or is in possession of facts that would cause a reasonable person to believe that the livestock, parts of livestock carcasses, or meat food products were not inspected or marked in accordance with this subchapter or were not otherwise in compliance with this subchapter. (d) This subchapter does not require the Secretary of the Department of Agriculture to report violations of this subchapter for criminal prosecution if the secretary believes that the public interest will be adequately served and compliance with this subchapter obtained by a suitable written notice of warning.

Ark. Code Ann. § 20-60-206 Secretary of the Department of Agriculture — Powers and duties — State Meat Inspection Program.

(a)(1)(A) The Secretary of the Department of Agriculture shall promulgate rules and appoint qualified personnel as necessary to carry out the purposes or provisions of this subchapter. (B) The rules shall be in conformity with the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021, and with subsequent amendments of the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., unless the rules and regulations under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., are considered by the secretary as not to be in accord with the objectives of this subchapter. (2)(A) Notice of proposed rules shall be given to all establishments licensed under this subchapter. (B) A hearing shall be called by the secretary at which proponents and opponents of the proposed rules shall be given the opportunity to present arguments supporting their positions. (C) The time, place, and procedure for the hearing shall be determined by the secretary. (D) A proposed rule shall not become effective until after the hearing. (b) The secretary may cooperate with the United States Government in carrying out the provisions of this subchapter and the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021. (c) The secretary shall: (1) Create a program to be known as the "State Meat Inspection Program" within the Department of Agriculture to perform inspections required by this subchapter; (2) Consult with the meat and meat food products industry, including the Arkansas Board of Animal Health, as well as the Department of Health, when developing the procedures, rules, and policies regarding the program; (3) Hire inspectors to inspect: (A) Livestock that are subject to inspection under this subchapter; (B) Livestock carcasses, parts of livestock carcasses, meat, and meat food products; and (C) Sanitary conditions of official establishments in which meat and meat food products are prepared; and (4) Designate at least eight (8) inspectors.

Ark. Code Ann. § 20-60-207 Compliance with subchapter required.

An official establishment in this state shall not slaughter any livestock or process any livestock carcasses, parts of livestock carcasses, or meat food products for human consumption except in compliance with the requirements of this subchapter.

Ark. Code Ann. § 20-60-208 Application for license or exemption.

(a)(1) Applications for inspection or licensure exemption shall be made on forms provided by the Secretary of the Department of Agriculture. (2) An application fee shall be submitted with the application. (b) A license shall be good for one (1) year, or any quarter of a year, expiring on December 31 of the year the license is issued. (c) An applicant for a license under this subchapter shall submit an application for a license for each official establishment owned by the applicant. (d) Before any license is issued, an inspection shall be made by the secretary to determine the acceptability of the official establishment to do business as desired by the applicant in the applicant's application for license or exemption.

Ark. Code Ann. § 20-60-209 Inspection and sanitary practices required.

(a) Each official establishment at which livestock are slaughtered or livestock carcasses, parts of livestock carcasses, or meat food products are processed for intrastate commerce shall have the premises, facilities, and equipment inspected and shall be operated in accordance with sanitary practices as required by rules prescribed by the Secretary of the Department of Agriculture for the purpose of preventing the entry into and movement in intrastate commerce of livestock carcasses, parts of livestock carcasses, and meat food products that are unwholesome or adulterated. (b) A livestock carcass, part of a livestock carcass, or meat food product shall not be admitted into any official establishment unless : (1) The livestock carcass, part of a livestock carcass, or meat food product has been prepared under inspection under this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021; or (2) The admission of the livestock carcass, part of a livestock carcass, or meat food product is permitted by rules prescribed by the secretary under this subchapter. (c) The secretary shall refuse to render inspection to any official establishment whose premises, facilities, or equipment, or the operation of the premises, facilities, or equipment of the official establishment, fails to meet the requirements of this section.

Ark. Code Ann. § 20-60-210 Inspection procedures.

(a) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock carcass, part of a livestock carcass, or meat food product that is unwholesome or adulterated and is intended for use as human food, the Secretary of the Department of Agriculture shall, if and to the extent considered by him or her necessary, cause to be made by inspectors antemortem inspection of livestock in any official establishment where livestock are slaughtered for intrastate commerce. (b)(1) For the purpose stated in subsection (a) of this section, the secretary, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the livestock carcass or part of the livestock carcass of each animal slaughtered in any official establishment. (2) The secretary shall cause to be made by inspectors an inspection of all meat food products processed in any official establishment in which meat food products are processed for intrastate commerce. (c) The secretary shall also cause, at any time, such quarantine, segregation, and reinspection of livestock, livestock carcasses, parts of livestock carcasses, and meat food products in official establishments as he or she deems necessary to effectuate the purposes of this subchapter. (d)(1) All livestock carcasses, parts of livestock carcasses, and meat food products found by an inspector to be unwholesome or adulterated in any official establishment shall: (A) Be condemned; and (B) If no appeal is taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector. (2) However, meat or meat food products that may be made wholesome and unadulterated by reprocessing need not be condemned and destroyed if reprocessed under the supervision of an inspector and are thereafter found by an inspector to be wholesome and unadulterated. (3)(A) If any appeal is taken from the determination of condemnation under subdivision (d)(1) of this section, the meat or meat food products shall be appropriately marked and segregated pending completion of an appeal inspection. (B) If the determination of condemnation is sustained under subdivision (d)(1) of this section, the meat or meat food products shall be destroyed for human food purposes under the supervision of an inspector.

Ark. Code Ann. § 20-60-211 Withdrawal and denial of inspection.

(a) The Secretary of the Department of Agriculture may withdraw or otherwise deny inspection under this subchapter with respect to any official establishment for a period the secretary deems necessary to effectuate the purposes of this subchapter for any violation of this subchapter or any requirements of this subchapter by the operation of the official establishment. (b)(1) However, before a withdrawal or denial of inspection is ordered, the secretary shall give the affected official establishment an opportunity for a hearing at which the official establishment may present evidence that the official establishment has not violated this subchapter or any requirements of this subchapter. (2) The hearing shall be held after notice to the official establishment in the manner the secretary determines by rule.

Ark. Code Ann. § 20-60-212 Cost.

(a)(1) The cost of inspection rendered under this subchapter shall be borne by this state. (2)(A) The cost of overtime and holiday work performed in official establishments subject to this subchapter shall be borne and paid by the official establishments. (B) The rates for the cost of overtime and holiday work shall be billed at a minimum of two (2) hours at the appropriate hourly rate. (C) The hourly rates for the cost of overtime and holiday work performed in official establishments shall be set as follows: (i) Twenty-five dollars ($25.00) per hour for inspections provided for more than forty (40) hours in any workweek Monday through Friday; (ii) Thirty dollars ($30.00) per hour for inspections provided on a Saturday or Sunday that is not otherwise a legal holiday; and (iii) Thirty-five dollars ($35.00) per hour for inspections provided on days of public rest and legal holidays, other than Saturdays and Sundays, observed by the Department of Agriculture. (3) An inspector performing overtime and holiday work shall be treated as though he or she were on compensatory leave and be compensated at a compensatory rate equal to the rate set by this section. (b) The sums necessary to carry out the provisions of this subchapter may be appropriated. (c)(1) The department may collect fees for services required to be performed under this subchapter relating to the inspection of animals, birds, or products that are not regulated under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021. (2) The Secretary of the Department of Agriculture shall set, by rule, the inspection fee in an amount sufficient to recover the department’s costs of providing services as described in subdivision (c)(1) of this section.

Ark. Code Ann. § 20-60-213 Labeling and marking.

(a)(1) Each shipping container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. (2)(A) Each immediate container of any meat or meat food product inspected under this subchapter and found to be wholesome and not adulterated shall at the time the meat or meat food product leaves the official establishment bear, in addition to the official inspection mark, in distinctly legible form: (i) The name of the meat or meat food product; (ii) A statement of ingredients if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors, or preservatives, if any; (iii) The net weight or other appropriate measure of the contents; (iv) The name and address of the processor; and (v) The approved plant number of the official establishment in which the contents were processed. (B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the meat or meat food product was prepared and packed. (3) Each livestock carcass and each part of a livestock carcass shall bear the official inspection mark and approved plant number of the establishment when the livestock carcass or part of a livestock carcass leaves the official establishment. (4)(A) The Secretary of the Department of Agriculture may by rule require additional marks or labeling information to appear on livestock carcasses, parts of livestock carcasses, or meat food products when the livestock carcasses, parts of livestock carcasses, or meat food products leave the official establishments or at the time of the transportation or sale of the livestock carcasses, parts of livestock carcasses, or meat food products in this state. (B) The secretary may permit reasonable variations and grant exemptions from the marking and labeling requirements of this section in any number not in conflict with the purposes of this subchapter. (5) Marks and labels required under this section shall be applied only by or under the supervision of an inspector. (b) The use of any advertisement or written, printed, or graphic matter that is false or misleading is prohibited upon or accompanying: (1) Any livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter; or (2) The container of a livestock carcass, part of a livestock carcass, or meat food product . (c)(1)(A) A livestock carcass, part of a livestock carcass, or meat food product inspected or required to be inspected under this subchapter shall not be sold or offered for sale by any person under any false or deceptive name. (B) Established trade names that are usual to the meat or meat food products and that are not false or deceptive and that are approved by the secretary are permitted. (2) If the secretary has reason to believe that any advertisement or any label in use or prepared for use is false or misleading in any particular, the secretary may direct that the use of the advertisement or label be withheld unless the advertisement or label is modified in a manner that the secretary prescribes so that the advertisement or label will not be false or misleading. (3) If the person using or proposing to use the advertisement or the label does not accept the determination of the secretary, the person may request a hearing, but the use of the advertisement or the label shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. (4) Any determination by the secretary shall be conclusive unless within thirty (30) days after the receipt of notice of the final determination, the person adversely affected thereby appeals to the Pulaski County Circuit Court.

Ark. Code Ann. § 20-60-214 Prohibited acts.

The following acts or the causing of the following acts within this state is prohibited: (1) The processing , the sale or offering for sale, transportation, or delivery or receiving for transportation, in intrastate commerce, of any livestock carcass, part of a livestock carcass, or meat food product unless: (A) The livestock carcass, part of a livestock carcass, or meat food product has been inspected for wholesomeness; and (B) The livestock carcass, part of a livestock carcass, or meat food product and the shipping container of the livestock carcass, part of a livestock carcass, or meat food product and immediate container, if any, are marked in accordance with the requirements of this subchapter or the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021; (2) The sale or other disposition for human food of any livestock carcass, part of a livestock carcass, or meat food product that has been inspected and declared to be unwholesome or adulterated under this subchapter; (3) Doing any of the following: (A) Falsely making or issuing, altering, forging, simulating, counterfeiting, or using without proper authority any official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification, used in connection with inspection under this subchapter; (B) Causing, procuring, aiding, assisting in, or being a party to false making, issuing, altering, forging, simulating, counterfeiting, or unauthorized use; (C) Knowingly possessing, without promptly notifying the Secretary of the Department of Agriculture or his or her representative, uttering, publishing, or using as true, or causing to be uttered, published, or used as true, any falsely made or issued, altered, forged, simulated, or counterfeited official inspection certificate, memorandum, mark, or other identification, or device for making a mark or identification; (D) Representing that any meat or meat food product has been officially inspected under the authority of this subchapter when the meat or meat food product has in fact not been inspected under the authority of this subchapter; or (E) Knowingly making any false representation in any certificate prescribed by the secretary in rules under this subchapter or any form resembling the certificate; (4) Using in intrastate commerce any false or misleading advertisement with respect to meat or meat food products; (5) Using in intrastate commerce any false or misleading label on any livestock carcass, part of a livestock carcass, or meat food product; (6) Using any container bearing an official inspection mark except for the meat or meat food product in the original form in which the meat or meat food product was inspected and covered by the official inspection mark unless the official inspection mark is removed, obliterated, or otherwise destroyed; (7) Refusing to permit access by any authorized representative of the secretary at all reasonable times to the premises of an official establishment in this state at which livestock are slaughtered or the livestock carcasses, parts of livestock carcasses, or meat food products are processed for intrastate commerce upon presentation of appropriate credentials; (8) Refusing to permit access to and the copying of any record as authorized by § 20-60-215; (9) Using by any person to his or her own advantage, or revealing, other than to the authorized representatives of any government agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this subchapter, concerning any matter that as a trade secret is entitled to protection; (10) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce for human consumption any livestock carcass, part of a livestock carcass, or meat food product that has been processed in violation of any requirements under this subchapter except as may be authorized by and under rules prescribed by the secretary; (11) Delivering, receiving, transporting, selling, or offering for sale or transportation in intrastate commerce any livestock carcass, part of a livestock carcass, or meat food product that is exempted under § 20-60-204, is unwholesome or adulterated, and is intended for human consumption; and (12) Applying to any livestock carcass, part of a livestock carcass, or meat food product, or any container of any livestock carcass, part of a livestock carcass, or meat food product, any official inspection mark or label required under this subchapter except by or under the supervision of an inspector.

Ark. Code Ann. § 20-60-215 Records.

(a)(1) For the purpose of enforcing this subchapter, persons engaged in this state in the business of processing for intrastate commerce or transporting, shipping, or receiving in intrastate commerce livestock slaughtered for human consumption or meat or meat food products, or holding livestock slaughtered for human consumption or meat or meat food products, shall maintain records as the Secretary of the Department of Agriculture by rule may require. (2) The records required under subdivision (a)(1) of this section shall show any receipt, delivery, sale, movement, or disposition of the livestock slaughtered for human consumption or meat or meat food products. (3) A person engaged as described in subdivision (a)(1) of this section shall, upon the request of an authorized representative of the secretary, permit the authorized representative of the secretary to have access to and to copy all the records at reasonable times. (b) Any record required to be maintained by this section shall be maintained for a period of two (2) years after the transaction that is subject to the record has taken place.

Ark. Code Ann. § 20-60-216 Federal or other approved inspection — Basis for exemption.

A commercial plant at which livestock or poultry are slaughtered or meat or meat food products are processed for human consumption shall be exempted by the Secretary of the Department of Agriculture from the inspection provisions of this subchapter if the secretary finds that the commercial plant is subject to federal inspection or other approved inspection.

Ark. Code Ann. § 20-60-302 Policy — Definitions.

(a)(1) Meat and meat food products are purchased by numerous agencies administered and operated by the State of Arkansas. (2) Meat and meat food products are procured by competitive bidding methods and in accordance with official published specifications. (b) It is declared to be the policy of this state to grant authority to the Department of Agriculture to provide an acceptance service designed to assure state institutional users of meat and meat food products that the meats and meat food products they purchase comply with the provisions and detailed specifications approved by the Office of State Procurement. (c) As used in this subchapter: (1) “Livestock” means cattle, sheep, swine, goats, or horses; (2) "Meat" means any edible part of the carcass of any livestock; and (3) "Meat food product" means any food or food product intended for use as human food that is derived or prepared, in whole or in part, from any portion of any livestock, unless exempted by the Secretary of the Department of Agriculture upon the determination of the secretary that the food or food product: (A) Contains only a minimal amount of meat and is not represented as a meat food product; or (B) Is for medicinal purposes and is advertised only to the medical profession.

Ark. Code Ann. § 20-60-303 Regulatory authority of Secretary of the Department of Agriculture.

The Secretary of the Department of Agriculture shall promulgate rules that are necessary to carry out the purposes and provisions of this subchapter.

Ark. Code Ann. § 20-60-304 Acceptance service — Authority of meat inspectors.

(a) The acceptance service to be provided by the Department of Agriculture is to be accomplished by employees of the state who are authorized to inspect livestock, livestock carcasses, parts of livestock carcasses, or meat food products under the provisions of the Arkansas Meat and Meat Products Inspection Act, § 20-60-201 et seq. (b) Department meat inspectors are designated and authorized to certify as to whether or not meat and meat food products conform with specification requirements cited in official purchase agreements regarding requirements such as type, class, style, weight range, state of refrigeration, required packaging, and other suitability factors.

Ark. Code Ann. § 20-60-305 Acceptance service — Availability.

The acceptance service shall be made available to all official establishments operating under the direct supervision of the Department of Agriculture under the provisions of the Arkansas Meat and Meat Products Inspection Act, § 20-60-201 et seq.

Ark. Code Ann. § 20-60-306 Acceptance service — Cost.

The cost of providing the acceptance service and ensuing certification shall be borne and paid by the seller, slaughterer or processor, or vendor or merchant requesting the acceptance service at the rate that the Secretary of the Department of Agriculture determines to be necessary to defer the cost of the acceptance service.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026

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