(a)

1. (1) Any person selling, offering for sale, or transplanting for sale any vegetable garden plants, including sweet potato and strawberry plants, for planting purposes within or into the State of Arkansas shall meet the following requirements.
2. (2) Vegetable plants grown in soilless media are exempt from this part.

(c)

1. (1) Each container in which plants are offered for sale shall be conspicuously labeled in legible English language with the following:

   1. (A) Name and address of producer;
   2. (B) Arkansas permit number;
   3. (C) Varietal name; and
   4. (D) If sold in bundles:

(i) Number of plants per bundle; and

1. (ii) Number of bundles in container.

2. (2) The above information may be:

   1. (A) Stenciled, engraved, or embossed on the containers;
   2. (B) Printed or rubber stamped on tags or labels attached to the containers or on stakes displayed in each container; or
   3. (C) Displayed in any combination of these methods desired by the producer.

3. (3)

   1. (A) In addition to the above, each bundle of sweet potato plants shall also carry an individual label showing the producer's name and address.
   2. (B) Bundle labels shall be supplied by the producer.

4. (4) Every container or bundle which does not display complete labeling as described above shall be subject to an immediate stop-sale order.

   1. (d) No Arkansas permit number shall be issued for sweet potato plants or vine cuttings originating in an area in which the sweet potato weevil is known to exist.

(e) Securing Arkansas permit numbers.

1. (1) Arkansas producers.

   1. (A) Permit numbers will be assigned to Arkansas producers upon receipt of State Plant Board application forms and the required inspection fees.

   2. (B) Even though a permit number has been assigned, no sales shall be made until a producer's plants have been inspected and found reasonably free of:

      1. (i) Insects;
      2. (ii) Diseases; and
      3. (iii) Noxious weeds.
   3. (C) The board shall cancel a permit number anytime the producer's plants are found infested with insects, plant diseases, and noxious weeds which may be disseminated with the plants, as declared in 2 CAR § 50-101.

   4. (D)

      1. (i) Producers who wish to have their own rubber stamps, printed labels, special tags or stakes made with their permit number included thereon shall file applications early enough to allow time for this.
      2. (ii) The board does not supply labels or tags of any kind for plants.

2. (2) Out-of-state producers.

   1. (A) Arkansas permit numbers may be obtained by out-of-state producers by filing:

      1. (i) Application forms provided by the board;
      2. (ii) (ii) Official certificates of inspection of state of origin; and
      3. (iii) Appropriate annual registration fees.

   2. (B)

      1. (i) If early application, before inspections have been made, should be necessary to allow time for the preparation of rubber stamps, printed labels, special tags, or printed stakes with the Arkansas permit number included thereon, the application shall be accompanied by a statement from a plant regulatory official of the state involved certifying that the producer's plants will be kept under periodic inspection during the shipping season and that certificates of inspection will be filed with the board as inspections are made.
      2. (ii) The statement shall also certify that anytime a producer's plants do not pass inspection, the board shall be notified so the Arkansas permit number can be canceled.

   3. (C) By special permission of the Director of the State Plant Board, plants may be brought into Arkansas without permit numbers, to be inspected by board inspectors at a specified destination point on arrival, and permit numbers issued if plants are found to be reasonably free of:

      1. (i) Diseases;
      2. (ii) Insects; and
      3. (iii) Noxious weeds.
3. (3) For fees or charges by the board, see Subpart 4 of this part.