The following responses are provided by the Arkansas State Plant Board in regard to general questions about the Arkansas State Seed Law.

VARIETY LABELING
Does your state allow for "Variety Not Stated" labeling?
Answer = YES, in part. (Effective Jan 2007, Cotton, Rice, Soybeans and Wheat will be required to state the variety with an exception for wheat labeled "for cover crop" -if eligible under PVP & patent laws)

Does your law allow for “variety unknown” labeling?               
Answer = NO

If the variety name is not declared on the label, does your law allow labeling by “crop kind” only?
Answer = NO, must state either the variety or the statement “variety not stated”

Do you allow the use of the abbreviated term “VNS” to be used in place of the phrase “variety not stated”?
Answer = NO

ARBITRATION
Does your state offer “Seed Arbitration” as a part of your seed law, or as a separate law?
Answer = YES 

If yes, is it mandatory?
Answer = YES, if the notice or arbitration is on the label, container or invoice.

Do you allow the use of the “arbitration label notice” as referenced in RUSSL?
Answer = YES

Does your arbitration law have any unique or special requirements?
Answer = YES, The first step is filing a written notice of intent to seek arbitration within reasonable time after the problem becomes apparent, to permit inspection during the growing season.  A meeting will be scheduled between the buyer and the labeler for the purpose of resolving the dispute.  If the dispute cannot be resolved, then the party may file an official complaint for arbitration.

Does your state have "arbitration legislation in place to arbitrate disputes between buyer and seller?
Answer = YES

PRE-EMPTION LANGUAGE
Does your state have "pre-emption" legislation to restrict local political subdivisions from regulating seed?
Answer = NO

BRAND LABELING
Does your law allow for “brand name” labeling?
Answer = YES, as long as it isn’t misleading or false.

PERMIT / LICENSE REQUIREMENTS
Does your state law have a permit/license requirement for seedsmen to distribute seeds in your state?
Answer = YES (Any person who sells, offers for sale, or distributes agricultural* seed for planting purposes within the state, or who sells or distributes agricultural seed into the state for planting purposes, shall have in force a valid license for such purpose from the State Plant Board, and such seed shall be labeled in accordance with these regulations.  Licenses shall be issued on an annual basis covering the period July 1 through June 30.)

What are the costs of permits/ licenses?
Answer =  The annual fee for a Seed Labeler's license shall be $250.00.  The annual fee for registration of a subsidiary location (distributing agricultural field-crop seed within or into Arkansas) shall be $250.00.  There is also a fee of 10 cents per each hundred pounds of seed sold within or into the state for planting purposes.

TEST DATE
What is the “TEST DATE” requirement for agricultural and vegetable seeds in your state?
Answer = 9 months, excluding the month the seed was tested

GMO REGULATIONS
Does your state law have any specific language regulating “GMO’s”?
Answer = NO

Does your state test for specific GMO varietal traits on official samples?
Answer = YES, for Roundup Ready herbicide tolerance on soybeans labeled as tolerant 

RELATIONSHIP TO “RUSSL”
Does your state seed law model RUSSL?
Answer = NO, our regulations are similar to parts of RUSSL and/or the federal seed act. 

UNIQUE (MISCELLANEOUS) REQUIREMENTS
Does your state seed law have any “unique” or special requirements and/or prohibitions?
Answer = Yes,  For Tall Fescue- if offered for sale in Arkansas, it must show on the label that the seed contains ryegrass, if any, and the amount given in percentage.  If no ryegrass is found in the sample, the label must state “no ryegrass found”.

Have you had any recent changes made to your seed law and/or regulations?
Answer = YES, increase in fees for licensing, some laboratory testing fees and some seed certification fees became effective July 1, 2002.