§ 20-61-202 - Definitions. - Arkansas Statutes

20-61-202. Definitions.

As used in this subchapter, unless the context otherwise requires:

(1) "Capable of use as human food" shall mean and shall apply to any catfish or part or product thereof unless it is denatured or otherwise identified as required by regulations prescribed by the Director of the Arkansas Bureau of Standards to deter its use as human food or unless it is naturally inedible by humans;

(2) "Catfish" means any species of the scientific family Ictaluridae;

(3) "Director" means the Director of the Arkansas Bureau of Standards;

(4) "Direct retail sale" means the sale of catfish products individually or in small quantities directly to the consumer;

(5) "Distributor" means any person offering for sale, exchange, or barter any catfish product destined for direct retail sale in Arkansas;

(6) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a catfish product is offered for direct retail sale;

(7) "Labeling" means all labels and other written, printed, or graphic matter upon a catfish product, or any of its containers or wrappers, offered for direct retail sale;

(8) "Pay pond" means a circumscribed body of water owned by a person and operated solely for recreational fishing purposes on a commercial basis for profit;

(9) "Person" shall include any individual, partnership, corporation, and association or other legal entity;

(10) "Processor" means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish products;

(11) "Producer" means any person engaged in the business of harvesting catfish, by any method, intended for direct retail sale;

(12) "Product" means any catfish product capable of use as human food which is made wholly or in part from any catfish or portion thereof, except products which contain catfish only in small proportions or which in the judgment of the director historically have not been considered by consumers as products of the commercial catfish industry and which are exempted from definition as a catfish product by the director under such conditions as he or she may prescribe to assure that the catfish or portions thereof contained therein are not adulterated and that the products are not represented as catfish products;

(13) "Product name" means the name of the catfish item intended for retail sale which identifies it as to kind, class, or specific use; and

(14) "Retailer" means any person offering for sale catfish products to individual consumers and representing the last sale prior to human consumption.