§ 2-40-109 - Destruction of diseased poultry flocks.
2-40-109. Destruction of diseased poultry flocks.
(a) When the Arkansas Livestock and Poultry Commission determines that any flock of chickens, turkeys, ducks, geese, or other poultry is diseased and that the flock should be destroyed and properly disposed of to prevent the spread of the disease, the commission may negotiate for and buy that flock at a price that would reasonably approximate the market value of that flock if it were not diseased and may dispose of the diseased poultry in such manner as it deems appropriate to prevent the spread of the disease.
(b) If the commission is unable to acquire a diseased flock of poultry through negotiation, it shall have the authority to condemn the diseased flock and dispose of it to prevent the spread of disease.
(c) The commission is authorized to adopt rules and regulations to prescribe the procedures for condemning a diseased poultry flock as authorized in this section if the procedures for condemnation shall provide the owner an opportunity to be heard in the matter, shall assure him or her fair compensation for the birds, and shall otherwise afford the owner full due process of law in the condemnation process.