§ 2-5-207 - Unlawful acts -- Penalties -- Revocation of certificate. - Arkansas Statutes

2-5-207. Unlawful acts -- Penalties -- Revocation of certificate.

(a) It is unlawful for any person to:

(1) Use the term "Arkansas certified" or any similar term concerning the quality of bait or ornamental fish without the proper certification from the State Plant Board;

(2) Falsely advertise or represent any bait or ornamental fish as being certified by the board;

(3) Use any emblem, label, or language for the purpose of misleading a person into believing that any bait or ornamental fish has been certified by the board when the certification has not been obtained;

(4) Misuse any tag, label, or certificate issued by the board;

(5) Obtain or attempt to obtain the certification of any bait or ornamental fish by making a false statement or misrepresentation to the board or to the board's inspectors, deputies, or agents;

(6) Violate any rule or regulation of the board under this subchapter; or

(7) Violate any agreement made as a condition for receiving a certificate.

(b) Any person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) for each offense.

(c) (1) A certificate issued under this subchapter may be revoked by the Director of the State Plant Board after a hearing before the director, regardless of whether a prosecution is commenced.

(2) (A) Any person whose certificate is revoked by the director is entitled to an appeal to the board.

(B) The decision of the board on appeal is final.