1. (a) The prohibitions listed below shall not invalidate any provisions of this part through omission or repetition, but shall be a supplement thereto.

2. (b) No person shall:

   1. (1) Sell, offer, expose, distribute, or transport industrial hemp seed or transplants not produced or labeled in accordance with the provisions of this part or having a false or misleading labeling;
   2. (2) Sell, offer, expose, distribute, or transport industrial hemp seed not labeled in accordance with the provisions listed in Rules on the Sale of Planting Seed in Arkansas, 2 CAR pt. 33, including selling seed containing prohibited noxious weeds or excessive numbers of noxious weeds;
   3. (3) Sell, offer, or expose for sale any industrial hemp seed labeled AOSCA "Certified Seed", "Registered Seed", or "Foundation Seed", unless it has been produced and labeled in compliance with the rules of an officially recognized AOSCA seed-certifying agency or association;
   4. (4) Fail to comply with sample collection and testing requirements prior to harvesting or destroying any hemp plants, in accordance with this part;
   5. (5) Detach, alter, deface, or destroy any labeling or other required documentation specified in this part, or alter or substitute seed or transplants in a manner that may defeat the purpose of this part;
   6. (6) Disseminate any false or misleading advertisement concerning industrial hemp seed or propagating material in any manner or by any means;
   7. (7) Hinder or obstruct in any way any authorized agent or agents of the Department of Agriculture or law enforcement in the performance of their duties;
   8. (8) Fail to comply with all licensing and reporting requirements as outlined in this part or in the Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq. [repealed];

   9. (9) Fail to:

      1. (A) Keep required records including but not limited to those for agronomics, contracts, sampling, storage, expenses, transportation and delivery, and income, while the license is valid and for at least three (3) years thereafter; or
      2. (B) Make available for inspection such records to the department or any authorized agent thereof;
   10. (10) Fail to keep the agreement ensuring the monitoring and destruction of hemp plant volunteers for three (3) years following cultivation regardless of land lease or ownership status during that period;
   11. (11) Represent industrial hemp seeds which are indistinguishable by seed characteristics to be of a recognized variety, without having adequate information for such variety representation, such as that they were grown from AOSCA Certified seed on land free of volunteer plants that might affect the purity of the seed under consideration, and if a cross-pollinated crop, isolated so as to prevent cross-pollination, and handled in harvesting, storing, and processing so that the varietal purity and quality of the seed is maintained;

   12. (12) Fail to:

       1. (A) Comply, upon request of the department of any producer of industrial hemp seed, including hybrids, who wishes to offer their seed for sale in the state;
       2. (B) Give the department a complete description of the characteristics of the variety or hybrid; and
       3. (C) Become certified under the Arkansas Certified Seed Program;
   13. (13) Provide false, misleading, or incorrect information to the department pertaining to the licensee’s cultivation or processing of industrial hemp by any means, including but not limited to information provided in any application form, report, record, or inspection required or maintained for purposes of industrial hemp research plots/production in this part or in the Arkansas Industrial Hemp Act [repealed];
   14. (14) Plant, grow, store, transfer, or process hemp on, from, or to any site not listed in the Grower Licensing Agreement or Processor/Handler License Agreement; or

   15. (15) Sell or transfer, or permit the sale or transfer, of living plants, viable seeds, living or dried/ground leaf material, or floral material to any:

       1. (A) Person in the state who does not hold a license issued by the department; or
       2. (B) Unauthorized person outside the state.

Codification Notes: The Arkansas Industrial Hemp Act, Arkansas Code § 2-15-401 et seq., was repealed by Acts 2021, No. 565, § 1.