Re: Act 587 of 1983 - Transient Merchants Licensing Act of 1983. Does the sale of shrimp fall within the exemption for agricultural products under this act? 17-42-104, 17-42-101 et seq. ANSWER: No.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 201 EAST MARKHAM STREET HERITAGE WEST BUILDING STEVE CLARK ATTORNEY GENERAL LITTLE ROCK, ARKANSAS 72201 (501) 371-2007 Opinion No. 86-102 September 18, 1986 The Honorable Kim H. Smith Prosecuting Attorney Courthouse Annex Fayetteville, AR 72701-6192 Dear Mr. Smith: This Office acknowledges receipt of your question concerning the Transient Merchants Licensing Act of 1983, which is compiled at Ark. Stat. Ann. §§71-5601 through 71-5612, The act requires transient merchants to obtain a license in each county in which the merchant desires to transact business. Ark, Stat. Ann. §71-5604 provides: The provisions of this act (§71-5601 through §71-5612) shail not apply to: ... (h) sales of agricultural products, except nursery products and foliage plants." You inquire whether the sale of shrimp falls within this exemption on the sale of agricultural products. Since the act contains no definition of the terms “agricultural product" we must look to common usage in Arkansas. As commonly understood, an agricultural product ‘is a plant or animal which is raised on a farm. In some parts of Arkansas catfish are currently raised on farms. To the best knowledge of this writer, shrimp are not raised on farms, rather, they are harvested by trapping methods from the sea. Since shrimp are captured and are not farm-raised it is the opinion of this writer that they would not fall within the exemption for “agricultural products." Attorney General JSC:AMJ: jk