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Ex. DUT-AR-002 Standing duty Primary source read

Ark. Code Ann. 20-7-109, Authority to regulate public health -- Exceptions

Ark. Code Ann. 20-7-109. Authority to regulate public health -- Exceptions (State Board of Health rulemaking for public health and safety, sanitary and hygienic conditions, suppression of communicable diseases, enforcement of quarantine and isolation)

General Assembly of Arkansas (Acts 1913, No. 96, sec. 6) · Arkansas (State)

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The record

Jurisdiction
Arkansas
Level
State
Authority
Police power of the State; Act 96 of 1913
Issued
2021-03-18 Mar. 18, 2021
Effective
standing (2020 Arkansas Code text) (read as 2021-03-18)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 18, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Quarantine and isolationStanding duty
Addressees
  • persons generally (through the Board's rules); the Board
Character
statutory authority
Collection
Standing duties: Arkansas DUT-AR

Operative words

Power is conferred on the State Board of Health to make all necessary and reasonable rules of a general nature for:... (B) The general amelioration of the sanitary and hygienic conditions within the state; (C) The suppression and prevention of infectious, contagious, and communicable diseases; (D) The proper enforcement of quarantine, isolation, and control of such diseases

Penalty

Violation of the Board's rules is a misdemeanor and a civil-penalty violation under 20-7-101 (Ex. DUT-AR-003)

What it required

Confers on the Board the power to make binding rules for public health and safety, sanitary and hygienic conditions, suppression of communicable diseases and the enforcement of quarantine and isolation, which rules 20-7-101 enforces by misdemeanor and civil penalty. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

2020 Arkansas Code edition (text in force through the 2020 session). Act 401 of 2021 (Ex. DUT-AR-006) added subsec. (c)(2): the Board shall not require a business to regulate the behavior of its patrons or customers during the COVID-19 emergency.