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Seed Arbitration Program

The Seed Arbitration Program helps resolve disputes between seed buyers and sellers in Arkansas. If a grower believes seed was defective, they may request arbitration through the Arkansas Department of Agriculture. This program is governed by the Arkansas Seed Arbitration Act (A.C.A. § 2-23-101 et seq.).  

STEPS TO FILE A COMPLAINT

  1. File a NOTICE OF INTENT TO SEEK ARBITRATION FORM below to seek arbitration as soon as a problem appears to allow proper inspection of crops or plants during the growing season.
  2. The Department’s Plant Industries Director coordinates a preliminary meeting between the grower/buyer and the licensed seed dealer/labeler.
  3. If unresolved, both parties must decide if the arbitration will be binding or non-binding. The appropriate form will be provided upon decision, to be signed by both parties. 
  4. Buyer then submits the ARBITRATION REQUEST FORM below via United States registered mail to the Department.
  5. Include with submission of the ARBITRATION REQUEST FORM: copies of seed labels, invoices detailing Lot # information as well as location and amount purchased, and the check or money order for the required filing fee.
  6. A copy of the submitted ARBITRATION REQUEST FORMmust be provided to the dealer/labeler via U.S. registered mail.  
  7. Within 10 days after receipt of a copy of the complaint, the dealer/labeler shall file with the Department an answer to the complaint, providing a copy of that response to the grower/buyer by U.S. registered mail.

INVESTIGATION

  • Department staff and inspectors may investigate production data, in-field crop conditions, packaging, labeling, and seed Lot history associated with the operation.
  • The Department may hold informal hearings, inspect and test samples, and consult industry experts.
  • Department will report investigation conclusions to both parties via U.S. registered mail.

FINDINGS

  • The Department issues recommendations to both parties.
  • Each party has 30 days to accept or reject the proposed resolution, providing written notice of that decision to the Department.

ARBITRATION FORMS & FILING FEE

ARBITRATION FORM SUBMISSIONS: NOTICE OF INTENT TO SEEK ARBITRATION FORMS may be submitted via email to [email protected] or via U.S. registered mail to the AR Department of Agriculture. ARBITRATION REQUEST FORMSmust be submitted via U.S. registered mail to the Department, accompanied with the check or money order filing fee, as well as all necessary attachments (labels, invoices, etc.).  

FILING FEE FOR ARBITRATION REQUESTS: A filing fee of $250 plus $1 per acre filed on (not to exceed $750) shall be paid to the Plant Industries Division. Provide check or money order when submitting ARBITRATION REQUEST FORMS.

SUPPORT / QUESTIONS

Email questions to [email protected] or call (501) 219-6345.