§ 2-16-610 - Designation of eradication zones -- Prohibition of planting of cotton -- Participation in suppression eradication program -- Penalties. - Arkansas Statutes

2-16-610. Designation of eradication zones -- Prohibition of planting of cotton -- Participation in suppression eradication program -- Penalties.

(a) The State Plant Board may designate by regulation one (1) or more areas of this state as eradication zones where boll weevil eradication programs will be undertaken.

(b) (1) The board may promulgate reasonable regulations regarding areas where cotton cannot be planted within an eradication zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety.

(2) The board may issue regulations prohibiting the planting of noncommercial cotton in such eradication zones, and requiring that all growers of commercial cotton in the eradication zones participate in a program of boll weevil eradication including cost sharing as prescribed in the regulations.

(c) Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area.

(d) (1) The board may set by regulation a reasonable schedule of penalty fees to be assessed when growers in designated eradication zones do not meet the requirements of regulations issued by the board with respect to reporting of acreage and participation in cost sharing as prescribed by regulation.

(2) The penalty fees shall not exceed a charge of twenty-five dollars ($25.00) per acre per year. Any such penalty is in addition to any assessments otherwise due, which assessments shall also remain payable.

(e) (1) When a grower fails to meet the requirements of regulations promulgated by the board, the board in eradication zones may destroy cotton not in compliance with such regulations.

(2) Cost incurred by the board shall be assessed against the grower.