Arkansas Contacts:

Labeling & Distribution Information Survey:

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

Does your state seed law model RUSSL?
Answer = YES.

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 or into the state 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. The annual fee for a Seed Labeler's license shall be $250.00. Annual fee for registration of a subsidiary location (distributing agricultural field-crop seed within or into AR) - also costs $250.00. Tonnage fees are 10 cents per hundredweight.

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 tonnage fee of 10 cents per each hundred pounds of seed sold within or into the state for planting purposes.

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

If yes, is it mandatory?
Answer = YES, if the "Notice of Mandatory Arbitration" statement is on the label, seed package or invoice covering bulk seed.

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, A notice of intent to file for seed arbitration must be filed "within reasonable time after the alleged defect becomes apparent" to permit inspection of the crops or plants during the growing season. A mediation meeting is scheduled to resolve the dispute, but if not resolved, then the complaint may be officially filed.

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


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

Does your law allow for “brand name” labeling?
Answer = YES. Labeling Brands: when agricultural seed is labeled with a brand, trademark, or term taken from a brand or trademark, the seed label must clearly identify the term with the word “brand” and as being other than part of the variety name. For crops that can be sold as “variety not stated”, the seed must be labeled in the following order: the brand name, the word “brand”, the kind name and the words “variety not stated”.

Does your state allow for "Variety Not Stated" labeling?
Answer = YES, in part. Cotton, Rice, Soybeans and Wheat will be required to state the variety - except 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

What is the “TEST DATE” requirement for agricultural and vegetable seeds in your state?
Answer = 9 months, excluding the month the seed was tested (This is true for Agricultural Seed, Vegetable Seed and Lawn & Turf Seed).


Does your state law include requirements  for "Sell by"/"Packed For" labeling vegetables, flowers and turf grass?
Answer = NO


Does your state regulate flower seeds?
Answer = NO

Does your state regulate Native/Conservation/reclamation species?
Answer = YES

How do you handle seed coatings on your seed label?
Answer = Seed coatings can be listed as part of inert matter, as long as it is broken out somewhere on the label.

Does your state law have any specific language regulating “GMOs”?
Answer = NO

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

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”.

Describe your state's process for updating the noxious weed seed list:
Answer = Promulgation through administrative rules.