§ 3-5-805 — Declaration of a relief program - Effect

(a) Whenever, due to excessive heat, drought, flood, plant disease, or other natural disaster, the production of Arkansas-grown grapes, fruits, berries, or vegetables necessary to sustain the operation of native wineries on a full production basis is severely curtailed, upon petition therefor by one (1) or more native wineries licensed to do business in this state, and upon certification from the University of Arkansas Cooperative Extension Service that the production of such products has been curtailed due to natural disaster and outlining the estimated extent of the curtailment, the Secretary of the Department of Finance and Administration shall determine, within thirty (30) days, whether circumstances exist which justify the declaration of a native wine industry disaster relief program. In connection therewith, the secretary shall make independent studies and obtain information as he or she may deem appropriate or necessary to reach a proper decision in regard to the petition. (b) (1) Upon conclusion of the studies, and in no event later than thirty (30) days after the date of the receipt of the petition, the secretary shall issue a ruling. (2) If the secretary shall determine that circumstances justify the invoking of a native wine industry disaster relief program, as authorized in this subchapter, he or she shall state in his or her order the facts which justify the establishment of the program, the anticipated loss in production of Arkansas-grown grapes, fruits, berries, or vegetables, or varieties thereof, to result from the natural disaster, and the duration for which the native wine industry disaster relief program shall extend. (3) Copies of the order shall be filed by the secretary with each licensed native winery in this state and with other interested parties who may request copies of the order. (c) During the period of the native wine industry disaster relief program, as determined by the secretary, native wineries in this state may acquire from sources outside this state supplies of grapes, fruits, berries, or vegetables within the percentage of their total consumption of such products as set forth by the secretary.

Legislative History

Amended by Act 2019, No. 910,§ 3316, eff. 7/1/2019. Acts 1981, No. 335, § 4; A.S.A. 1947, § 48-645.