(a) When the court approves the sale of processed catfish the Secretary of the Department of Agriculture shall employ a merchandiser to effect the sale of those commodities.(b) A person employed as a merchandiser must meet the following requirements: (1) The person shall be experienced or knowledgeable in the operation of processors registered under this chapter, and if the person has ever held a registration certificate issued under this chapter, the person shall never have had the registration suspended;(2) The person shall be experienced or knowledgeable in the marketing of aquacultural products; and(3) The person shall not be the holder of a weigh ticket issued by the Class A registrant and shall not have a claim against the Class A registrant, whether as a secured or unsecured creditor, and otherwise shall not have any pecuniary interest in the Class A registrant or the Class A registrant's business.(c) The merchandiser shall be entitled to reasonable compensation as determined by the secretary.(d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary.(e) The secretary shall have authority to sell the rmined by the secretary.(d) A sale of processed catfish shall be made in a commercially reasonable manner and under the supervision of the secretary.(e) The secretary shall have authority to sell the processed catfish, and provisions of the Uniform Commercial Code, § 4-1-101 et seq., to the contrary notwithstanding, any processed catfish so sold shall be free of all liens and other encumbrances.Amended by Act 2023, No. 588,§ 18, eff. 8/1/2023.Acts 1989 (3rd Ex. Sess.), No. 53, § 7.
Arkansas Legal Code