Seed Arbitration Process
- Grower should call the Arkansas Department of Agriculture's (Department) Seed Section (501-225-1598) for arbitration forms, or select links to the forms located at the bottom of this page, which includes the Written Notice of Intent, Arbitration Request, and the Arbitration Law.
- Grower files a written notice of intent to seek arbitration within reasonable time after the alleged defect or violation becomes apparent, to permit inspection of the crops or plants during the growing season.
- Plant Board Director (Plant Industries Division Manager) sets meeting between grower & labeler for purpose of resolving dispute
- After this meeting, if not resolved, the Arbitration Request Form is officially filed. Remember to:
- Attach copy of label from seed
- Attach copy of invoice showing lot number, location where purchased and amount purchased
- Attach filing fee
- Determine if the Arbitration will be Binding
- Grower must send a copy of arbitration request to the Seed Labeler by United States registered mail.
- Labeler (within 10 days after receipt of complaint) must file his answer to the complaint with the Director of the Arkansas State Plant Board.
- The Plant Board Director will refer the request for arbitration to the Seed Arbitration Committee.
- The Department will send an inspector to make an initial investigation as soon as possible after receiving the request for arbitration.
- The Arbitration Committee Is Authorized:
- to examine the buyer on his use of the seed (production data)
- to examine the labeler / dealer on his packaging, labeling and selling operation of the seed (lot history)
- to grow a representative sample of the seed under the supervision of the plant board director
- to hold informal hearings
- to seek evaluations from authorities in allied disciplines
- to direct individual members of the committee to make investigations and report their findings in writing to the committee
- The Arbitration Committee reports the findings and recommendations to the buyer & labeler or dealer by registered mail.
- The consumer & seedsman give written notice to the acceptance or rejection of the committee’s recommended terms of settlement within 30 days from issuance.
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