North Carolina Statutes

Chapter 106 Agriculture

Article 1 - Department of Agriculture and Consumer Services.

Article 1A - State Farm Operations Commission.

Article 1B - State Farm Operations Commission.

Article 2 - North Carolina Fertilizer Law of 1947.

Article 2A - North Carolina Soil Additives Act of 1977.

  • § 106-50.28   Short title
    This Article shall be known as the North Carolina Soil Additives Act of 1977. (1977, c. 233, s. 1.)
  • § 106-50.29   Administration of Article
    This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina. (1977, c. 233, s. 2.)
  • § 106-50.30   Definitions
    Words used in this Article shall be defined as follows: (1) "Adulterated" means any soil additive: a. Which contains any deleterious substance in sufficient quantity...
  • § 106-50.31   Registration of additives
    Every soil additive distributed in North Carolina shall be registered with the Commissioner by the person whose name appears on the label on forms furnished...
  • § 106-50.32   Labeling of containers
    Every soil additive container shall be labeled on the face or display side in readable and conspicuous form showing: (1) The product name; (2) The...
  • § 106-50.33   When additive considered misbranded
    A soil additive shall be considered misbranded if: (1) Its label or labeling is false or misleading in any particular; (2) It is distributed under...
  • § 106-50.34   Records and reports of registrants
    Each registrant shall keep accurate records of his sales, and shall file a semiannual report covering the periods January 1 through June 30, and July...
  • § 106-50.35   Violations of Article
    It shall be a violation of this Article for any person: (1) To distribute an unregistered soil additive; (2) To distribute an unlabeled soil additive;...
  • § 106-50.36   Inspection and sampling of additives
    The Commissioner is authorized to enter upon any public or private property with permission or with a proper court order during normal business hours for...
  • § 106-50.37   Stop sale, etc., orders
    The Commissioner may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of...
  • § 106-50.38   Injunctions
    The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Article or regulations adopted hereunder, in the...
  • § 106-50.39   Refusal or revocation of registration
    The Commissioner shall refuse to register any soil additive which fails to comply with the provisions of this Article, and may revoke, after opportunity for...
  • § 106-50.40   Rules and regulations
    The Board of Agriculture is authorized to promulgate and adopt, pursuant to Chapter 150B of the General Statutes of North Carolina, such rules and regulations...
  • § 106-50.41   Penalties
    Any person violating the provisions of this Article or the regulations adopted thereunder, shall be guilty of a Class 2 misdemeanor. In addition, if any...

Article 3 - Fertilizer Laboratories.

Article 4 - Insecticides and Fungicides.

Article 4A - Insecticide, Fungicide and Rodenticide Act of 1947.

Article 4B - Aircraft Application of Pesticides.

Article 4C - Structural Pest Control Act.

Article 4D - North Carolina Biological Organism Act.

Article 4E - Pest Control Compact.

  • § 106-65.55   Adoption of Compact
    The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:...
  • § 106-65.56   Cooperation of State agencies with insurance fund
    Consistent with law and within available appropriations, the departments, agencies and officers of this State may cooperate with the insurance fund established by the Pest...
  • § 106-65.57   Filing of bylaws and amendments
    Pursuant to Article IV(h) of the Compact, copies of bylaws and amendments thereto shall be filed with the Department of Agriculture and Consumer Services. (1975,...
  • § 106-65.58   Compact administrator
    The Compact administrator for this State shall be the Commissioner of Agriculture or his designated representative. The duties of the Compact administrator shall be deemed...
  • § 106-65.59   Request for assistance from insurance fund
    Within the meaning of Article VI(b) or Article VIII(a), a request or application for assistance from the insurance fund may be made by the Commissioner...
  • § 106-65.60   Credit for expenditures
    The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to...
  • § 106-65.61   "Executive head" means Governor
    As used in the Compact, with reference to this State, the term "executive head" shall mean the Governor. (1975, c. 810, s. 7.)
  • § 106-65.62 through 106-65.66   Reserved for future codification purposes

Article 4F - Uniform Boll Weevil Eradication Act.

Article 4G - Official Cotton Growers' Organization.

  • § 106-65.84   Findings and purpose
    The General Assembly of North Carolina finds that due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of...
  • § 106-65.85   Definitions
    As used in this Article: (1) "Board" means the North Carolina Board of Agriculture. (2) "Commissioner" means the Commissioner of Agriculture of the State of...
  • § 106-65.86   Certification by Board; requirements
    (a) The Board may certify a cotton growers' organization for the purpose of entering into agreements with the State of North Carolina, other states, the...
  • § 106-65.87   Certification; revocation
    (a) Upon determination by the Board that the organization meets the requirements of the preceding section, the Board shall certify the organization as the official...
  • § 106-65.88   Referendum; assessments
    (a) At the request of the certified organization, the Board shall authorize a referendum among cotton growers upon the question of whether an assessment shall...
  • § 106-65.89   Agreements
    The Board may authorize the Department to enter into agreements with the certified organization, other state governments, the federal government and individual cotton growers as...
  • § 106-65.90   Failure to pay assessments
    (a) A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this Article, shall be subject to a...
  • § 106-65.91   Regulations
    The Board of Agriculture may adopt such regulations as are necessary to carry out the purposes of this Article. (1983, c. 136, s. 8.)

Article 5 - Seed Cotton and Peanuts.

Article 5A - Marketing of Farmers Stock Peanuts.

Article 6 - Cottonseed Meal.

Article 7 - Pulverized Limestone and Marl.

Article 8 - Sale, etc., of Agricultural Liming Material, etc.

Article 8A - Sale of Agricultural Liming Materials and Landplaster.

  • § 106-92.1   Title of Article
    This Article shall be known as the North Carolina Agricultural Liming Materials and Landplaster Act. (1979, c. 590.)
  • § 106-92.2   Purpose of Article
    The purpose of this Article shall be to assure the manufacturer, distributor, and consumer of the correct quality and quantity of all agricultural liming materials...
  • § 106-92.3   Definitions of terms
    For the purpose of this Article: (1) "Agricultural liming materials" means oxides, hydroxides, silicates or carbonates of calcium and/or magnesium compounds capable of neutralizing soil...
  • § 106-92.4   Enforcing official
    This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina, or his authorized agent, hereinafter referred to as the...
  • § 106-92.5   Labeling
    (a) Agricultural liming materials sold, offered for sale or distributed in the State shall have affixed to each package in a conspicuous manner on the...
  • § 106-92.6   Prohibited acts
    (a) Agricultural liming material or landplaster shall not be sold or offered for sale or distributed in this State unless it complies with provisions of...
  • § 106-92.7   Registration of brands
    (a) Each separately identified product shall be registered before being sold, offered for sale, or distributed in this State. Registration fee shall be twenty‑five dollars...
  • § 106-92.8   Tonnage fees: reporting system
    For the purpose of defraying expenses connected with the registration, inspection and analysis of the materials coming under this Article, each manufacturer or registrant shall...
  • § 106-92.9   Report of tonnage
    (a) Within 30 days following the expiration of registration each registrant shall submit on a form furnished or approved by the Commissioner an annual statement,...
  • § 106-92.10   Inspection, sampling, analysis
    (a) It shall be the duty of the Commissioner to sample, inspect, make analysis of, and test agricultural liming materials and landplaster distributed within this...
  • § 106-92.11   Deficiencies: refunds to consumer
    Should any of the agricultural liming and landplaster materials defined in this Article be found to be deficient in the components claimed by the manufacturer...
  • § 106-92.12   "Stop sale" orders
    The Commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of...
  • § 106-92.13   Appeals from assessments and orders of Commissioner
    Nothing in this Article shall prevent any person from appealing to a court of competent jurisdiction from any assessment of penalty or other final order...
  • § 106-92.14   Penalties for violations of this Article
    Any person convicted of violating any provision of this Article or the rules and regulations promulgated thereunder shall be guilty of a Class 3 misdemeanor...
  • § 106-92.15   Declaration of policy
    The General Assembly hereby finds and declares that it is in the public interest that the State regulate the activities of those persons engaged in...
  • § 106-92.16   Authority of Board of Agriculture to make rules and regulations
    Because legislation with regard to agricultural liming material and landplaster sold or offered for sale in this State must be adopted (adapted) to complex conditions...
  • § 106-92.17   Lime and fertilizer mixtures
    The provisions of this Article shall apply to mixtures of agricultural liming material and fertilizer, except as follows: (1) Such mixtures shall meet the labeling...

Article 9 - Commercial Feedingstuffs.

Article 10 - Mixed Feed Oats.

Article 11 - Stock and Poultry Tonics.

Article 12 - Food, Drugs and Cosmetics.

  • § 106-120   Title of Article
    This Article may be cited as the North Carolina Food, Drug and Cosmetic Act. (1939, c. 320, s. 1.)
  • § 106-121   Definitions and general consideration
    For the purpose of this Article: (1) The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling,...
  • § 106-122   Certain acts prohibited
    The following acts and the causing thereof within the State of North Carolina are hereby prohibited: (1) The manufacture, sale, or delivery, holding or offering...
  • § 106-123   Injunctions restraining violations
    In addition to the remedies hereinafter provided, the Commissioner of Agriculture is hereby authorized to apply to the superior court for, and such court shall...
  • § 106-124   Violations made misdemeanor
    (a) Any person, firm or corporation violating any provision of this Article, or any regulation of the Board adopted pursuant to this Article, shall be...
  • § 106-124.1   Civil penalties
    (a) The Commissioner may assess a civil penalty of not more than two thousand dollars ($2,000) against any person who violates a provision of this...
  • § 106-125   Detention of product or article suspected of being adulterated or misbranded
    (a) Whenever a duly authorized agent of the Department of Agriculture and Consumer Services finds or has probable cause to believe, that any food, drug,...
  • § 106-126   Prosecutions of violations
    It shall be the duty of the solicitors and district attorneys of this State to promptly prosecute all violations of this Article. (1939, c. 320,...
  • § 106-127   Report of minor violations in discretion of Commissioner
    Nothing in this Article shall be construed as requiring the Commissioner of Agriculture to report for the institution of proceedings under this Article, minor violations...
  • § 106-128   Establishment of reasonable standards of quality by Board of Agriculture
    Whenever in the judgment of the Board of Agriculture such action will promote honesty and fair dealing in the interest of consumers, the Board shall...
  • § 106-129   Foods deemed to be adulterated
    A food shall be deemed to be adulterated: (1) a. If it bears or contains any poisonous or deleterious substance which may render it injurious...
  • § 106-130   Foods deemed misbranded
    A food shall be deemed to be misbranded: (1) a. If its labeling is false or misleading in any particular, or b. If its labeling...
  • § 106-131   Permits governing manufacture of foods subject to contamination with microorganisms
    (a) Whenever the Commissioner of Agriculture finds after investigation by himself or his duly authorized agents, that the distribution in North Carolina of any class...
  • § 106-132   Additives, etc., deemed unsafe
    Any added poisonous or added deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, shall...
  • § 106-133   Drugs deemed to be adulterated
    A drug or device shall be deemed to be adulterated: (1) a. If it consists in whole or in part of any filthy, putrid or...
  • § 106-134   Drugs deemed misbranded
    A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular, or if its labeling...
  • § 106-134.1   Prescriptions required; label requirements; removal of certain drugs from requirements of this section
    (a) A drug intended for use by man which: (1) Is a habit‑forming drug to which G.S. 106‑134(4) applies; or (2) Because of its toxicity...
  • § 106-135   Regulations for sale of new drugs
    (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless: (1) An application with respect thereto...
  • § 106-136   Cosmetics deemed adulterated
    A cosmetic shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to...
  • § 106-137   Cosmetics deemed misbranded
    A cosmetic shall be deemed to be misbranded: (1) a. If its labeling is false or misleading in any particular; or b. If its labeling...
  • § 106-138   False advertising
    (a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular....
  • § 106-139   Regulations by Board of Agriculture
    (a) The authority to promulgate regulations for the efficient enforcement of this Article is hereby vested in the Board of Agriculture, except the Commissioner of...
  • § 106-139.1   Declaration of net quantity of contents
    (a) All labels of consumer commodities, as defined by this Article, shall conform with the requirement for the declaration of net quantity of contents of...
  • § 106-140   Further powers of Commissioner of Agriculture for enforcement of Article; report by inspector to owner of establishment
    (a) For purposes of enforcement of this Article, the Commissioner or any of his authorized agents, are authorized upon presenting appropriate credentials and a written...
  • § 106-140.1   Registration of producers of prescription drugs and devices
    (a) On or before December 31 of each year, every person doing business in North Carolina and operating as a wholesaler, manufacturer, or repackager, as...
  • § 106-141   Examinations and investigations
    (a) Repealed by Session Laws 1975, c. 614, s. 39. (b) The Commissioner of Agriculture is authorized to conduct the examinations and investigations for the...
  • § 106-141.1   Inspections of donated food
    (a) The Department of Agriculture and Consumer Services is authorized to inspect for compliance with the provisions of Article 12 of Chapter 106 of the...
  • § 106-142   Publication of reports of judgments, decrees, etc
    (a) The Commissioner of Agriculture may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been...
  • § 106-143   Article construed supplementary
    Nothing in this Article shall be construed as in any way amending, abridging, or otherwise affecting the validity of any law or ordinance relating to...
  • § 106-144   Exemptions
    Meats and meat products subject to the Federal Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 71...
  • § 106-145   Effective date
    This Article shall be in full force and effect from and after January 1, 1940: Provided, that the provisions of G.S. 106‑139 shall become effective...

Article 12A - Wholesale Prescription Drug Distributors.

  • § 106-145.1   Purpose and interpretation of Article
    This Article establishes a State licensing program for wholesale distributors to enable wholesale distributors to comply with federal law. This Article shall be construed to...
  • § 106-145.2   Definitions
    The following definitions apply in this Article: (1) Blood. Whole blood collected from a single donor and processed either for transfusion or further manufacturing. (2)...
  • § 106-145.3   Wholesale distributor must have license
    (a) Requirement. Every wholesale distributor engaged in the wholesale distribution of prescription drugs in interstate commerce in this State shall obtain a license from the...
  • § 106-145.4   Application and fee for license
    (a) Application. An application for a wholesale distributor license or for renewal of a wholesale distributor license shall be on a form prescribed by the...
  • § 106-145.5   Review of application and qualifications of applicant
    The Commissioner shall determine whether to issue or deny a wholesale distributor license within 90 days after an applicant files an application for a license...
  • § 106-145.6   Denial, revocation, and suspension of license; penalties for violations
    (a) Adverse Action. The Commissioner may deny a license to an applicant if the Commissioner determines that granting the applicant a license would not be...
  • § 106-145.7   Storage, handling, and records of prescription drugs
    (a) Facilities. All facilities at which prescription drugs are stored, warehoused, handled, held, offered, marketed, or displayed for wholesale distribution shall meet the following requirements:...
  • § 106-145.8   Records of prescription drugs
    (a) Records. A wholesale distributor shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of prescription...
  • § 106-145.9   Written procedures concerning prescription drugs and lists of responsible persons
    (a) Procedures. A wholesale distributor shall establish, maintain, and adhere to written procedures for the receipt, security, storage, inventory, and distribution of prescription drugs. These...
  • § 106-145.10   Application of other laws
    A wholesale drug distributor shall comply with applicable federal, State, and local laws and regulations. A wholesale distributor that deals in controlled substances shall register...
  • § 106-145.11   Wholesale Distributor Advisory Committee
    (a) Organization. The Wholesale Distributor Advisory Committee is created in the Department. The Committee shall consist of five members appointed by the Commissioner as follows:...
  • § 106-145.12   Enforcement and implementation of Article
    The Commissioner shall enforce this Article by using employees of the Department. The Commissioner may enter into agreements with federal, State, or local agencies to...
  • § 106-145.13   Submittal of reports by wholesale distributors of transactions involving pseudoephedrine products
    Every 30 calendar days, a wholesale distributor of pseudoephedrine products licensed as provided in this Article shall submit a report electronically to the State Bureau...

Article 13 - Canned Dog Foods.

Article 14 - State Inspection of Slaughterhouses.

Article 14A - Licensing and Regulation of Rendering Plants and Rendering Operations.

  • § 106-168.1   Definitions
    For the purposes of this Article, unless the context or subject matter otherwise clearly requires, (1) "Collector" means any person, as defined in this section,...
  • § 106-168.2   License required
    No person shall engage in rendering operations unless such person shall hold a valid license to do so issued as hereinafter provided. (1953, c. 732.)
  • § 106-168.3   Exemptions
    Nothing in this Article shall apply to the premises or the rendering operations on the premises of any establishment operating under a numbered permit from...
  • § 106-168.4   Application for license
    Application for license shall be made to the Commissioner of Agriculture, hereinafter called the "Commissioner," on forms provided by him. The application shall set forth...
  • § 106-168.5   Duties of Commissioner upon receipt of application; inspection committee
    Upon receipt of the application, the Commissioner shall promptly cause the rendering plant and equipment, or the plans, specifications, and selected site, of the applicant...
  • § 106-168.6   Inspection by committee; certificate of specific findings
    The committee upon notification by the Commissioner shall promptly inspect the plans, specifications, and selected site in the case of proposed rendering plants and shall...
  • § 106-168.7   Issuance of license
    Upon receipt of the certificate of compliance from the committee, the Commissioner shall issue a license to the applicant to conduct rendering operations as specified...
  • § 106-168.8   Minimum standards for conducting rendering operations
    The following minimum standards shall be required for all rendering operations subject to the provisions of this Article: (1) Buildings utilized in connection with the...
  • § 106-168.9   Transportation by licensee
    Any person holding a license under the provisions of this Article, or acting as a collector as herein defined, may haul and transport raw material,...
  • § 106-168.10   Disposal of diseased animals
    Any person holding a license under the provisions of this Article is authorized to kill diseased, sick, old or crippled animals on the premises of...
  • § 106-168.11   Authority of agents of licensee
    Authority granted to any person holding a valid license under the provisions of this Article shall extend also to the agents and employees of such...
  • § 106-168.12   Commissioner authorized to adopt rules and regulations
    The Commissioner of Agriculture is hereby authorized to make and establish reasonable rules and regulations, not inconsistent with the provisions of this Article, after consulting...
  • § 106-168.13   Effect of failure to comply
    Failure to comply with the provisions of this Article or rules and regulations not inconsistent therewith shall be cause of revocation of license, if such...
  • § 106-168.14   Collectors subject to certain provisions
    Any collector, as defined in this Article, shall be subject to the provisions of subdivision (5) and subdivision (6) of G.S. 106‑ 168.8 and the...
  • § 106-168.15   Violation a misdemeanor
    Any person conducting rendering operations or collecting raw material in violation of the provisions of this Article shall be guilty of a Class 1 misdemeanor....
  • § 106-168.16   Civil penalties
    The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article...

Article 15 - Inspection of Meat and Meat Products by Counties and Cities.

Article 15A - Meat Grading Law.

Article 16 - Bottling Plants for Soft Drinks.

Article 17 - Marketing and Branding Farm Products.

Article 18 - Shipper's Name on Receptacles.

Article 19 - Trademark for Standardized Farm Products.

Article 19A - Records of Sales of Farm Products.

Article 19B - Plant Protection and Conservation Act.

Article 20 - Standard Weight of Flour and Meal.

Article 21 - Artificially Bleached Flour.

Article 21A - Enrichment of Flour, Bread, Cornmeal and Grits.

Article 22 - Inspection of Bakeries.

Article 23 - Oleomargarine.

Article 24 - Excise Tax on Certain Oleomargarines.

Article 25 - North Carolina Egg Law.

Article 25A - North Carolina Egg Law.

  • § 106-245.13   Short title; scope; rule of construction
    This Article is named and may be cited as the North Carolina Egg Law and relates to eggs sold in the State of North Carolina....
  • § 106-245.14   Definitions
    The following words, terms, and phrases shall be construed for the purpose of this Article as follows: (1) "Authorized representative" means the Commissioner or any...
  • § 106-245.15   Designation of grade and class on containers required; conformity with designation; exemption
    No person shall market to consumers, institutional consumers or retailers or expose for that purpose any eggs unless there is clearly designated therewith on the...
  • § 106-245.16   Standards, grades and weight classes
    The Board of Agriculture shall establish and promulgate such standards of quality, grades and weight classes for eggs sold or offered for sale in this...
  • § 106-245.17   Stop-sale orders
    If an authorized representative of the North Carolina Department of Agriculture and Consumer Services shall determine, after inspection, that any lot of eggs is in...
  • § 106-245.18   Container labeling
    (a) Any container or subcontainer in which eggs are marketed shall bear on the outside portion of the container, but not be limited to, the...
  • § 106-245.19   Invoices
    (a) Any person, except a producer marketing eggs to another person for candling and grading, when marketing eggs to a retailer, institutional consumer, or other...
  • § 106-245.20   Advertisements
    No person shall advertise eggs for sale at a given price unless the unabbreviated grade or quality and size‑weight are conspicuously designated in block letters...
  • § 106-245.21   Rules and regulations
    The North Carolina Board of Agriculture is authorized to make and amend, from time to time, such rules and regulations as may be necessary to...
  • § 106-245.22   Sanitation
    (a) Any person engaged in the marketing of or the processing of eggs for marketing shall, in addition to maintaining egghandling facilities in a manner...
  • § 106-245.23   Power of Commissioner
    The Commissioner, or his authorized agents or representatives, may enter, during the regular business hours, any establishment or facility where eggs are bought, stored, offered...
  • § 106-245.24   Penalties for violations; enjoining violations; venue
    (a) Any person who violates any provision of this Article shall be guilty of a Class 3 misdemeanor. (b) In addition to the criminal penalties...
  • § 106-245.25   Warnings in lieu of criminal prosecutions
    Nothing in this Article shall be construed as requiring the Commissioner to report for criminal prosecution violations of this Article whenever he believes that the...
  • § 106-245.26   Remedies cumulative
    Each remedy provided in this Article shall be in addition to and not exclusive of any other remedy provided for in this Article. (1965, c....
  • § 106-245.27   Persons punishable as principals
    (a) Whoever commits any act prohibited by any section of this Article or aids, abets, induces, or procures its commission, is punishable as a principal....
  • § 106-245.28   Act of agent as that of principal
    In construing and enforcing the provisions of this Article, the act, omission, or failure, of any agent, officer or other person acting for or employed...
  • § 106-245.29   Reserved for future codification purposes

Article 25B - Egg Promotion Tax.

  • § 106-245.31   Definitions
    As used in this Article: (1) "Board" means the North Carolina Board of Agriculture. (2) "Commissioner" means the Commissioner of Agriculture. (3) "Department" means the...
  • § 106-245.32   Levy of tax; rules
    An excise tax is levied on eggs and processed eggs sold for use in this State. The tax on eggs is five cents (5) for...
  • § 106-245.33   Report and payment of tax by handler; definition and functions of handler
    (a) The tax imposed by this Article is payable monthly to the Department by the handler of eggs or processed eggs. The tax is due...
  • § 106-245.34   Exemptions
    Eggs sold by a handler who sells less than 500 cases a year are exempt from the tax levied under this Article. Processed eggs sold...
  • § 106-245.34A   Additional exemption
    The tax provided for herein shall not be levied upon any eggs which are assessed under the Agricultural Marketing Agreement Act of 1937 (7 USC...
  • § 106-245.35   Records to be kept by handler
    The handler shall keep a complete record of the eggs or processed eggs handled by him for a period of not less than two years...
  • § 106-245.36   Interest on tax; collection of delinquent tax
    The tax imposed under the provisions of this Article and unpaid on the date on which the tax was due and payable shall bear interest...
  • § 106-245.37   North Carolina Egg Fund
    All moneys levied and collected under the provisions of this Article shall be deposited with the State Treasurer to a fund to be known as...
  • § 106-245.38   Violations
    (a) It shall be a Class 1 misdemeanor for any handler knowingly to report falsely to the Department the quantity of eggs or processed eggs...
  • § 106-245.39   Effect on Article 50 of Chapter 106
    After October 1, 1987 no egg assessment shall be collected under Article 50 of Chapter 106 of the General Statutes. (1987, c. 815, s. 3.)

Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories.

Article 27 - Records of Purchases of Milk Products.

Article 28 - Records and Reports of Milk Distributors and Processors.

Article 28A - Regulation of Milk Brought into North Carolina from other states.

Article 28B - Regulation of Production, Distribution, etc., of Milk and Cream.

Article 29 - Inspection, Grading and Testing Milk and Dairy Products.

Article 30 - Board of Crop Seed Improvement.

  • § 106-269   Creation and purpose
    There is hereby created a Board of Crop Seed Improvement. It shall be the duty and function of this Board, in cooperation with the Agricultural...
  • § 106-270   Board membership
    The Board of Crop Seed Improvement shall consist of the Commissioner of Agriculture, the Dean of the School of Agriculture, President of the North Carolina...
  • § 106-271   Powers of Board
    The said Board shall have control, management and supervision of the production, distribution and certification of purebred crop seeds under the provisions of this Article....
  • § 106-272   Cooperation of other departments with Board; rules and regulations
    Insofar as any of the State departments or agencies shall have to do with the testing, development, production, certification and distribution of farm crop seeds,...
  • § 106-273   North Carolina Crop Improvement Association
    For the purpose of carrying out more fully the provisions of this Article and of fostering the development, certification and distribution of pure seeds the...
  • § 106-274   Certification of crop seeds
    For the purposes of this Article the certification of seed, tubers, plants, or plant parts hereunder shall be defined as being produced, conditioned, and distributed...
  • § 106-275   False certification of purebred crop seeds made misdemeanor
    It shall be a Class 1 misdemeanor for any person, firm, association, or corporation, selling seeds, tubers, plants, or plant parts in North Carolina, to...
  • § 106-276   Supervision of certification of crop seeds
    Certification of crop seeds shall be subject to the supervision of the Board of Crop Seed Improvement. The North Carolina Crop Improvement Association is recognized...

Article 31 - North Carolina Seed Law.

  • § 106-277   Purpose
    The purpose of this Article is to regulate the labeling, possessing for sale, sale and offering or exposing for sale or otherwise providing for planting...
  • § 106-277.1   Short title
    This Article shall be known by the short title of "The North Carolina Seed Law of 1963." (1941, c. 114, s. 1; 1945, c. 828;...
  • § 106-277.2   Definitions
    As used in this Article, unless the context clearly requires otherwise: (1) The term "advertisement" means all representations, other than those required on the label,...
  • § 106-277.3   Label or tag requirements generally
    Each container of agricultural and vegetable seeds which is sold, offered or exposed for sale, or transported within or into this State for seeding purposes...
  • § 106-277.4   Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1034, s. 5
  • § 106-277.5   Labels for agricultural seeds
    Agricultural seeds sold, offered or exposed for sale, transported for sale, or otherwise distributed within this State shall be labeled to show the following information:...
  • § 106-277.6   Labels for vegetable seeds in containers of one pound or less
    Labels for vegetable seeds in containers of one pound or less shall show the following information: (1) Name of kind and variety of seed. (2)...
  • § 106-277.7   Labels for vegetable seeds in containers of more than one pound
    Vegetable seeds in containers of more than one pound shall be labeled to show the following information: (1) The name of each kind and variety...
  • § 106-277.8   Responsibility for presence of labels
    (a) The immediate vendor of any lot of seed which is sold, offered or exposed for sale shall be responsible for the presence of the...
  • § 106-277.9   Prohibitions
    It shall be unlawful for any person: (1) To transport, to offer for transportation, to sell, distribute, offer for sale or expose for sale within...
  • § 106-277.10   Exemptions
    (a) When the required analysis and other information regarding the seed is present on a seedman's label or tag which bears an official North Carolina...
  • § 106-277.11   Disclaimers, nonwarranties and limited warranties
    The use of a disclaimer, nonwarranty or limited warranty clause in any invoice, advertising [or] written, printed or graphic matter pertaining to any seed shall...
  • § 106-277.12   Records
    All persons transporting or delivering for transportation, selling, offering or exposing for sale agricultural or vegetable seeds if their name appears on the label shall...
  • § 106-277.13   Tolerances to be established and used in enforcement
    Due to variations which may occur between the analyses or tests and likewise between label statements and the results of subsequent analyses and tests, recognized...
  • § 106-277.14   Administration
    The duty of enforcing this Article and its rules and regulations and carrying out its provisions and requirements shall be vested in the Commissioner of...
  • § 106-277.15   Rules, regulations and standards
    The Board of Agriculture, in accordance with the Administrative Procedure Act, may adopt such rules, regulations and standards which they may find to be advisable...
  • § 106-277.16   Seed-testing facilities
    The Commissioner is authorized to establish and maintain or make provision for seed‑testing facilities, to employ educationally qualified persons, to make or provide for making...
  • § 106-277.17   Registration and variety testing
    The Commissioner is authorized to require the registration, after field testing for performance and trueness‑to‑variety, of any variety, blend, or hybrid as a prerequisite to...
  • § 106-277.18   Registration and licensing of dealers
    It shall be the duty of the Commissioner and he is hereby authorized to require each seed dealer selling, offering or exposing for sale in,...
  • § 106-277.19   Revocation or refusal of license for cause; hearing; appeal
    The Commissioner is authorized to revoke any seed license issued, or to refuse to issue a seed license to any person as hereinafter provided, upon...
  • § 106-277.20   Right of entry for purposes of inspection; duty of vendors
    For the purpose of carrying out this Article the Commissioner or his agent is authorized to enter upon any public or private premises during regular...
  • § 106-277.21   Sampling, inspecting and testing; notice of violations
    It shall be the duty of the Commissioner, who may act through his authorized agents, to sample, inspect, make analysis of and test agricultural and...
  • § 106-277.22   Stop-sale orders; penalty covering expenses; appeal
    The Commissioner is authorized to issue and enforce a written or printed "stop‑sale" order to the owner or custodian of any lot of agricultural or...
  • § 106-277.23   Notice of violations; hearings, prosecutions or warnings
    It shall be the duty of the Commissioner to give notice of every violation of the provisions of this Article with respect to agricultural or...
  • § 106-277.24   Penalty for violations
    Any person, firm or corporation violating any provision of this Article or any rule or regulation adopted pursuant thereto shall be guilty of a Class...
  • § 106-277.25   Seizure and disposition of seeds violating Article
    Any lot of agricultural or vegetable seeds, mixtures of such seeds or screenings being sold, exposed for sale, offered for sale or held with intent...
  • § 106-277.26   Publication of test results and other information
    The Commissioner is authorized to publish the results of analyses, tests, examinations, studies and investigations made as authorized by this Article, together with any other...
  • § 106-277.27   Cooperation with United States Department of Agriculture
    The Commissioner is authorized to cooperate with the United States Department of Agriculture in seed law enforcement and testing seed for trueness as to kind...
  • § 106-277.28   License and inspection fees
    For the purpose of providing a fund to defray the expense of inspection, examination, and analysis of seeds and the enforcement of this Article: (1)...
  • § 106-277.29   Repealed by Session Laws 1998-210, s. 2
  • § 106-277.30   Filing complaint; investigation; referral to Seed Board
    (a) Complaint by Buyer. When a buyer believes that he or she has suffered damages due to the failure of agricultural or vegetable seed to...
  • § 106-277.31   Notice required
    Dealers shall legibly print or type on each seed container or affix a label on each seed container a notice in the following form or...
  • § 106-277.32   Seed Board created; membership; duties
    (a) The Commissioner shall appoint a Seed Board composed of five members, three of whom shall be appointed upon the recommendation of the following: Director...
  • § 106-277.33   Duties of Seed Board
    (a) In conducting its investigation of claims referred by the Commissioner, the Seed Board may engage in the following activities: (1) Examine the buyer regarding...
  • § 106-277.34   Actions regarding defective seed claims; evidence
    (a) In any court action involving a complaint that has been the subject of an investigation under G.S. 106‑277.32, any party may introduce evidence of...
  • § 106-278 through 106-284.4   Reserved for future codification purposes

Article 31A - Seed Potato Law.

Article 31B - Vegetable Plant Law.

Article 31C - North Carolina Commercial Feed Law of 1973.

  • § 106-284.30   Title
    This Article shall be known as the "North Carolina Commercial Feed Law of 1973." (1973, c. 771, s. 2.)
  • § 106-284.31   Purpose
    The purpose of this Article is to regulate the manufacture and distribution of commercial feeds in the State of North Carolina and to protect a...
  • § 106-284.32   Enforcing official
    This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina, hereinafter referred to as the "Commissioner." (1973, c. 771,...
  • § 106-284.33   Definitions of words and terms
    When used in this Article: (1) The term "Board" means the North Carolina State Board of Agriculture. (2) The term "brand name" means any word,...
  • § 106-284.34   Registration
    (a) No person shall manufacture or distribute a commercial feed in this State, unless he has filed with the Commissioner on forms provided by the...
  • § 106-284.35   Labeling
    A commercial feed shall be labeled as follows: (1) In case of commercial feed, except a customer‑formula feed, it shall be accompanied by a label...
  • § 106-284.36   Bag weights
    All commercial feed, except that in bags or packages of five pounds or less, shall be in such standard‑weight bags or packages as the Board...
  • § 106-284.37   Misbranding
    A commercial feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular. (2) If it is distributed...
  • § 106-284.38   Adulteration
    A commercial feed shall be deemed to be adulterated: (1) a. If it bears or contains any poisonous or deleterious substance which may render it...
  • § 106-284.39   Prohibited acts
    The following acts and the causing thereof within the State of North Carolina are hereby prohibited: (1) The manufacture or distribution of any commercial feed...
  • § 106-284.40   Inspection fees and reports
    (a) An inspection fee at the rate of three cents (3) for each carton of 48 cans shall be paid on canned pet food distributed...
  • § 106-284.41   Rules and regulations
    (a) The Board is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this Article and...
  • § 106-284.42   Inspection, sampling, and analysis
    (a) For the purpose of enforcement of this Article, and in order to determine whether its provisions have been complied with, including whether or not...
  • § 106-284.43   Detained commercial feeds
    (a) "Withdrawal from distribution" orders: When the Commissioner or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed...
  • § 106-284.44   Penalties; enforcement of Article; judicial review; confidentiality of information
    (a) Any person who shall be adjudged to have violated any provision of this Article, or any regulation of the Board adopted pursuant to this...
  • § 106-284.45   Cooperation with other entities
    The Commissioner may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations...
  • § 106-284.46   Publication
    The Commissioner shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such...

Article 32 - Linseed Oil.

Article 33 - Adulterated Turpentine.

Article 34 - Animal Diseases.

Article 35 - Public Livestock Markets.

Article 35A - North Carolina Livestock Prompt Pay Law.

  • § 106-418.1   Short title
    This Article shall be known by the short title of "North Carolina Livestock Prompt Pay Law." (1973, c. 38, s. 2.)
  • § 106-418.2   Legislative intent and purpose
    The purpose of the Article is to regulate the sale of livestock by auction at public livestock markets and to assure prompt payment for livestock...
  • § 106-418.3   Definitions
    As used in this Article, unless the context clearly requires otherwise: (1) "Banking business day" means a day in which banks are normally open for...
  • § 106-418.4   Duties of Commissioner
    The Commissioner shall regulate, by and with the consent of the Board of Agriculture as provided herein, the payment for livestock sold at auction. (1973,...
  • § 106-418.5   Collection of payment
    Collection of payment for livestock purchased at auction shall be made by the public livestock market on the same date of purchase of the livestock,...
  • § 106-418.6   Action upon failure of payment
    It shall be the duty and responsibility of each public livestock market to report to the Commissioner within 24 hours after having knowledge that a...
  • § 106-418.7   Authority of Board of Agriculture, North Carolina Public Livestock Market Advisory Board and the Commissioner
    The Board of Agriculture shall establish rules and regulations pertaining to the purchase and payment of livestock sold in this State at public livestock markets....
  • § 106-418.7A   Civil penalties
    The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article...

Article 35B - Livestock Dealer Licensing Act.

  • § 106-418.8   Definitions
    When used in this Article, (1) The term "Commissioner" means the Commissioner of Agriculture of North Carolina; (2) The term "livestock" means cattle, sheep, goats,...
  • § 106-418.9   Exemptions
    The provisions of this Article shall not apply to a person who offers for sale or trade only livestock which he has raised or livestock...
  • § 106-418.10   Prohibited conduct
    It shall be unlawful for any person to: (1) Carry on or conduct the business of a livestock dealer without a current valid license issued...
  • § 106-418.11   Licenses
    (a) Any person desiring to be licensed as a livestock dealer shall make application to the Commissioner. Such application shall contain the address, both business...
  • § 106-418.12   Hearings
    Any hearing required or permitted to be held pursuant to this Article may be conducted by the Commissioner or his delegate and his decision shall...
  • § 106-418.13   Maintenance of records
    Every livestock dealer shall keep complete records for at least one year of all transactions involving livestock and permit any authorized agent of the Commissioner...
  • § 106-418.14   Penalties
    Any person who violates G.S. 106‑418.10(1) is guilty of a Class 3 misdemeanor. For a second or subsequent violation of G.S. 106‑418.10(1), a person is...
  • § 106-418.15   Short title
    This Article may be cited as the "Livestock Dealer Licensing Act." (1973, c. 196.)
  • § 106-418.16   Civil penalties
    The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article...

Article 36 - Plant Pests.

Article 37 - Cotton Grading.

Article 38 - Marketing Cotton and Other Agricultural Commodities.

Article 38A - Cotton Warehouse Act.

  • § 106-451.6   Short title
    The provisions of this Article may be known and designated as the "North Carolina Cotton Warehouse Act". (1987, c. 840, s. 1.)
  • § 106-451.7   Definitions
    As used in the Article, unless the context otherwise requires: (1) "Board" means the North Carolina Board of Agriculture. (2) "Commissioner" means the North Carolina...
  • § 106-451.8   Board of Agriculture makes rules
    The Board is empowered to make and enforce such rules and regulations as may be necessary to make effective the provisions of this Article, including...
  • § 106-451.9   Commissioner of Agriculture to administer and enforce Article
    The Commissioner of Agriculture shall have the following powers and duties under this Article: (1) To administer and enforce the provisions of this Article. (2)...
  • § 106-451.10   Licensing of warehousemen
    (a) The Commissioner, or his designated representative, is authorized, upon application to him, to issue to any person a license for the conduct of a...
  • § 106-451.11   Bond required
    (a) Any person applying for a license to conduct a warehouse pursuant to this Article shall, as a condition to the granting thereof, execute and...
  • § 106-451.12   Action on bond by person injured
    Any person injured by the breach of any obligation to secure which a bond is given, under the provisions of this Article, shall be entitled...
  • § 106-451.13   Suspension and revocation of license
    The Commissioner, or his designated representative, may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license to any...
  • § 106-451.14   License to classify, grade and weigh cotton stored
    The Commissioner or his designated representative, may upon presentation of satisfactory proof of competency, issue to any person a license to inspect, sample, or classify...
  • § 106-451.15   Suspension and revocation of license to classify, grade or weigh
    Any license issued to any person to inspect, sample, or classify, or to weigh cotton under this Article may be suspended or revoked by the...
  • § 106-451.16   Delivery to warehouse presumed for storage
    Any cotton delivered to a warehouse under this Article shall be presumed to be delivered for storage. (1987, c. 840, s. 1.)
  • § 106-451.17   Deposit of cotton deemed subject to Article
    Any producer who deposits cotton for storage in a warehouse licensed under this Article shall be deemed to have deposited the same subject to the...
  • § 106-451.18   Receipts for cotton stored
    For all cotton stored in a warehouse licensed under this Article original receipts shall be issued by the warehouseman conducting the same, but no receipt...
  • § 106-451.19   Contents of receipts
    Every receipt issued for cotton stored in a warehouse licensed under this Article shall contain the information required under the United States Warehouse Act, 7...
  • § 106-451.20   Issuance of further receipt with original outstanding
    While an original receipt issued under this Article is outstanding and uncanceled by the warehouseman issuing the same no other or further receipt shall be...
  • § 106-451.21   Delivery of products stored on demand; conditions to delivery
    A warehouseman conducting a warehouse licensed under this Article, in the absence of some lawful excuse, shall, without unnecessary delay, deliver the cotton stored therein...
  • § 106-451.22   Cancellation of receipt on delivery of cotton stored
    A warehouseman conducting a warehouse licensed under this Article shall plainly cancel upon the face thereof each receipt returned to him upon the delivery by...
  • § 106-451.23   Records; report to Commissioner; compliance with provisions of Article, rules, and regulations
    Every warehouseman conducting a warehouse licensed under this Article shall keep in a place of safety complete and correct records of all cotton stored therein...
  • § 106-451.24   Examination of books, records, etc., of warehousemen
    The Commissioner is authorized through officials, employees, or agents of the Department of Agriculture and Consumer Services designated by him to examine all books, records,...
  • § 106-451.25   Inspectors to be bonded
    Each inspector employed by the Commissioner for the inspection and examination of warehouses licensed under this Article shall be bonded in an amount not less...
  • § 106-451.26   Liability of officials and employees
    No action may be brought in any court of this State against any State official or State employee on account of any act or omission...
  • § 106-451.27   Use of income from Warehouse Fund to administer
    Income from the Warehouse Fund established under G.S. 106‑435 may be used for the administration of this Article. (1987, c. 840, s. 1.)
  • § 106-451.28   Violation a misdemeanor; fraudulent or deceptive acts
    Any person who shall violate any provision of this Article or who shall engage in any fraudulent or deceptive practice in the operation of a...
  • § 106-451.29 through 106-451.39   Reserved for future codification purposes

Article 38B - Cotton Gins, Warehouses, Merchants.

  • § 106-451.40   Definitions
    (1) "Cotton gin" means any cotton gin. (2) "Cotton merchant" means any person who buys cotton from the producer for the purpose of resale, or...
  • § 106-451.41   Registration required
    No person shall engage in business as a cotton gin, cotton warehouse, or cotton merchant without first having registered with the Commissioner of Agriculture. This...
  • § 106-451.42   Application; bond; display of certificate of registration
    (a) A cotton gin, cotton warehouse, cotton merchant, or cotton marketing cooperative or association shall, on or before July 1 of each year, file an...
  • § 106-451.43   Records; receipts; other duties; denial of registration
    (a) Cotton gins, cotton warehouses, cotton merchants, and cotton cooperatives or associations shall keep records of producer‑owned cotton transactions for seven years, showing the producer's...
  • § 106-451.44   Operation without registration unlawful; injunction
    Engaging in business as a cotton gin, cotton warehouse, or cotton merchant without being registered under G.S. 106‑451.41 is punishable as a Class 2 misdemeanor....
  • § 106-451.45 through 106-451.49   Reserved for future codification purposes

Article 39 - Leaf Tobacco Warehouses.

Article 40 - Leaf Tobacco Sales.

Article 41 - Dealers in Scrap Tobacco.

Article 42 - Production, Sale, Marketing and Distribution of Tobacco.

Article 43 - Combines and Power Threshers.

Article 44 - Unfair Practices by Handlers of Fruits and Vegetables.

  • § 106-496   Protection against unfair trade practices
    The Board of Agriculture is hereby authorized to make such rules and regulations as it deems necessary to protect producers of fruits and vegetables from...
  • § 106-497   Permits required
    A handler of fruits and vegetables shall not enter into a written contract with a producer until he obtains a written permit from the Commissioner...
  • § 106-498   Bond required
    No permit shall be issued to a handler until such handler has furnished the Commissioner of Agriculture a bond satisfactory to the Commissioner in an...
  • § 106-499   Contracts between handlers and producers; approval of Commissioner
    All contracts filed with the Commissioner by an applicant shall be approved by the Commissioner before a permit is issued. The Commissioner may withhold his...
  • § 106-500   Additional powers of Commissioner to enforce Article
    In order to enforce this Article, the Commissioner of Agriculture, upon his own motion or upon the verified complaint of any producer, shall have the...
  • § 106-501   Violation of Article or rules made misdemeanor
    Any person who violates the provisions of this Article or the rules and regulations promulgated thereunder shall be guilty of a Class 1 misdemeanor. (1941,...

Article 45 - Agricultural Societies and Fairs.

  • § 106-502   Land set apart
    For the purpose of the operating of a State fair, expositions and other projects which properly represent the agricultural, manufacturing, industrial and other interests of...
  • § 106-503   Board of Agriculture to operate fair
    (a) The State fair and other projects provided for in G.S. 106‑502, shall be managed, operated and conducted by the Board of Agriculture established in...
  • § 106-503.1   Board authorized to construct and finance facilities and improvements for fair
    (a) Borrowing Money and Issuing Bonds. For the purpose of building, enlarging and improving the facilities on the properties of the State fair, the State...
  • § 106-504   Lands dedicated by State may be repossessed at will of General Assembly
    Any lands which may be dedicated and set apart under the provisions of this Article may be taken possession of and repossessed by the State...
  • § 106-505   Incorporation; powers and term of existence
    Any number of resident persons, not less than 10, may associate together in any county, under written articles of association, subscribed by the members thereof,...
  • § 106-506   Organization; officers; new members
    Such society shall be organized by the appointment of a president, two vice‑presidents, a secretary and treasurer, and such other officers as they may deem...
  • § 106-507   Exhibits exempt from State and county taxes
    Any society or association organized under the provisions of this Chapter, desiring to be exempted from the payment of State, county, and city license taxes...
  • § 106-508   Funds to be used in paying premiums
    All moneys so subscribed, as well as that received from the State treasury as herein provided, shall after paying the necessary incidental expenses of such...
  • § 106-509   Annual statements to State Treasurer
    Each agricultural society entitled to receive money from the State Treasurer shall, through its treasurer, transmit to the Treasurer of the State, in the month...
  • § 106-510   Publication of statements required
    Each agricultural society receiving money from the State under this Chapter shall, in each year, publish at its own expense a full statement of its...
  • § 106-511   Records to be kept; may be read in evidence
    The secretary of such society shall keep a fair record of its proceedings in a book provided for that purpose, which may be read in...
  • § 106-512   Lien against licensees' property to secure charge
    All agricultural fairs which shall grant any privilege, license, or concession to any person, persons, firm, or corporation for vending wares or merchandise within any...
  • § 106-513   Notice of sale to owner
    Written notice of such sale shall be served on the owner of such goods, wares, merchandise, or fixtures or other property 10 days before such...
  • § 106-514   Unlawful entry on grounds a misdemeanor
    If any person, after having been expelled from the fairgrounds of any agricultural or horticultural society, shall offer to enter the same again without permission...
  • § 106-515   Assisting unlawful entry on grounds a misdemeanor
    It shall be unlawful for any person or persons to assist any other person or persons to enter upon the grounds of any fair association...
  • § 106-516   Vendors and exhibitors near fairs to pay license
    Every person, firm, officer, or agent of any corporation who shall temporarily expose for sale any goods, wares, foods, soft drinks, ice cream, fruits, novelties,...
  • § 106-516.1   Carnivals and similar amusements not to operate without permit
    Every person, firm, or corporation engaged in the business of a carnival company or a show of like kind, including menageries, merry‑go‑rounds, Ferris wheels, riding...
  • § 106-517   Application for license to county commissioners
    Every such person mentioned in G.S. 106‑516 shall apply in advance for a license to the board of county commissioners of the county in which...
  • § 106-518   Unlicensed vending, etc., near fairs a misdemeanor
    Any person violating the provisions of G.S. 106‑516 and 106‑517 shall be guilty of a Class 3 misdemeanor. (1915, c. 242, s. 7; C.S., s....
  • § 106-519   Commissioners may refuse to license shows within five miles
    The county commissioners of any county in North Carolina in which there is a regularly organized agricultural fair may refuse to allow any circus, menagerie,...
  • § 106-520   Local aid to agricultural, animal, and poultry exhibits
    Any city, town, or county may appropriate not to exceed one hundred dollars ($100.00) to aid any agricultural, animal, or poultry exhibition held within such...
  • § 106-520.1   Definition
    As used in this Article, the word "fair" means a bona fide exhibition designed, arranged and operated to promote, encourage and improve agriculture, horticulture, livestock,...
  • § 106-520.2   Use of "fair" in name of exhibition
    It shall be unlawful for any person, firm, corporation, association, club, or other group of persons to use the word "fair" in connection with any...
  • § 106-520.3   Commissioner of Agriculture to regulate
    The Commissioner of Agriculture, with the advice and approval of the State Board of Agriculture, is hereby authorized, empowered and directed to make rules and...
  • § 106-520.3A   Animal exhibition regulation; permit required; civil penalties
    (a) Title. This section may be referred to as "Aedin's Law". This section provides for the regulation of animal exhibitions as they may affect the...
  • § 106-520.4   Local supervision of fairs
    No county or regional fairs shall be licensed to be held unless such fair is operated under supervision of a local board of directors who...
  • § 106-520.5   Reports
    Every fair shall make such reports to the Commissioner of Agriculture, as said Commissioner may require. (1949, c. 829, s. 1.)
  • § 106-520.6   Premiums and premium lists supplemented
    The State Board of Agriculture may supplement premiums and premium lists for county and regional fairs and the North Carolina State Fair, and improve and...
  • § 106-520.7   Violations made misdemeanor
    Any person who violates any provision of G.S. 106‑520.1 through G.S. 106‑520.6 is guilty of a Class 1 misdemeanor. (1949, c. 829, s. 1; 1993,...

Article 46 - Erosion Equipment.

Article 47 - State Marketing Authority.

Article 48 - Relief of Potato Farmers.

Article 49 - Poultry; Hatcheries; Chick Dealers.

  • § 106-539   National poultry improvement plan
    In order to promote the poultry industry of the State, the North Carolina Department of Agriculture and Consumer Services is hereby authorized to cooperate with...
  • § 106-540   Rules and regulations
    The North Carolina Board of Agriculture is hereby authorized to adopt such regulations as may be necessary to: (1) Carry out the provisions of the...
  • § 106-541   Definitions
    For the purpose of this Article, the following definitions apply: (1) "Hatchery" means any establishment that operates hatchery equipment for the production of baby chicks...
  • § 106-542   Hatcheries, chick dealers and others to obtain license to operate
    (a) It shall be unlawful for any person, firm or corporation to operate a hatchery within this State without first obtaining a hatchery license from...
  • § 106-543   Requirements of national poultry improvement plan must be met
    All baby chicks, turkey poults and hatching eggs produced, sold or offered for sale shall originate in flocks that meet the requirements of the national...
  • § 106-544   Shipments from out of State
    All baby chicks, turkey poults and hatching eggs shipped or otherwise brought into this State shall originate in flocks that meet the minimum requirements of...
  • § 106-545   False advertising
    No hatchery, hatchery dealer, chick dealer or jobber shall use false or misleading advertising in the sale of their products. (1945, c. 616, s. 7;...
  • § 106-546   Notice describing grade of chicks to be posted
    All hatcheries, chick dealers or jobbers offering chicks for sale to the public shall post in a conspicuous manner in their place of business a...
  • § 106-547   Records to be kept
    Every hatchery, hatching egg dealer, chick dealer, poultry dealer, ratite dealer, or jobber shall keep such records of operation as the regulations of the Department...
  • § 106-548   Quarantine
    When the State Veterinarian receives information or has reason to believe that pullorum disease or fowl typhoid exists in any poultry or that they have...
  • § 106-549   Violation a misdemeanor
    Any person, firm or corporation who shall willfully violate any provision of this Article or any rule or regulation duly established by authority of this...
  • § 106-549.01   Civil penalties
    The Department of Agriculture and Consumer Services may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates...

Article 49A - Voluntary Inspection of Poultry.

Article 49B - Meat Inspection Requirements; Adulteration and Misbranding.

  • § 106-549.15   Definitions
    As used in this Article, except as otherwise specified, the following terms shall have the meanings stated below: (1) "Adulterated" shall apply to any carcass,...
  • § 106-549.16   Statement of purpose
    Meat and meat food products are an important source of the nation's total supply of food. It is essential in the public interest that the...
  • § 106-549.17   Inspection of animals before slaughter; humane methods of slaughtering
    (a) For the purpose of preventing the use in intrastate commerce, as hereinafter provided, of meat and meat food products which are adulterated, the Commissioner...
  • § 106-549.18   Inspection; stamping carcass
    For the purposes hereinbefore set forth the Commissioner shall cause to be made by inspectors appointed for that purpose, as hereinafter provided, a post mortem...
  • § 106-549.19   Application of Article; place of inspection
    The foregoing provisions shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, goats, fallow deer, red deer, bison, horses, mules, and...
  • § 106-549.20   Inspectors' access to businesses
    For the purposes hereinbefore set forth the Commissioner or his authorized representative shall cause to be made by inspectors appointed for that purpose an examination...
  • § 106-549.21   Stamping container or covering; regulation of container
    (a) When any meat or meat food product prepared for intrastate commerce which has been inspected as hereinbefore provided and marked "North Carolina Department of...
  • § 106-549.22   Rules and regulations of Board
    The Commissioner or his authorized representative shall cause to be made, by experts in sanitation, or by other competent inspectors, such inspection of all slaughtering,...
  • § 106-549.23   Prohibited slaughter, sale and transportation
    No person, firm, or corporation shall, with respect to any cattle, sheep, swine, goats, fallow deer, red deer, bison, horses, mules, or other equines, or...
  • § 106-549.24   Prohibited acts regarding certificate
    (a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or...
  • § 106-549.25   Slaughter, sale and transportation of equine carcasses
    No person, firm, or corporation shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses, mules,...
  • § 106-549.26   Inspection of establishment; bribery of or malfeasance of inspector
    The Commissioner or his authorized representative shall appoint from time to time inspectors to make examination and inspection of all cattle, sheep, swine, goats, fallow...
  • § 106-549.27   Exemptions from Article
    (a) The provisions of this Article requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat and meat food...
  • § 106-549.28   Regulation of storage of meat
    The Board may by regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, fallow deer,...

Article 49C - Federal and State Cooperation as to Meat Inspection; Implementation of Inspection.

Article 49D - Poultry Products Inspection Act.

  • § 106-549.49   Short title
    This Article shall be designated as the North Carolina Poultry Products Inspection Act. (1971, c. 677, s. 1.)
  • § 106-549.50   Purpose and policy
    (a) Poultry and poultry products are an important source of the nation's total supply of food. It is essential in the public interest that the...
  • § 106-549.51   Definitions
    For purposes of this Article, the following terms shall have the meanings stated below: (1) "Adulterated" shall apply to any poultry product under one or...
  • § 106-549.51A   Article applicable to domesticated rabbits
    The provisions of this Article shall apply to domesticated rabbits. (1971, c. 677, s. 25.)
  • § 106-549.52   State and federal cooperation
    (a) The Department of Agriculture and Consumer Services is hereby designated as the State agency which shall be responsible for cooperating with the Secretary of...
  • § 106-549.53   Inspection; condemnation of adulterated poultry
    (a) For the purpose of preventing the entry into or flow or movement in intrastate commerce of any poultry product which is capable of use...
  • § 106-549.54   Sanitation of premises; regulations
    (a) Each official establishment slaughtering poultry or processing poultry products solely for intrastate commerce shall have such premises, facilities, and equipment, and be operated in...
  • § 106-549.55   Labeling standards; false and misleading labels
    (a) All poultry products inspected at any official establishment under the authority of this Article and found to be not adulterated, shall at the time...
  • § 106-549.56   Prohibited acts
    (a) No person shall: (1) Slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing...
  • § 106-549.57   No poultry in violation of Article processed
    No establishment processing poultry or poultry products solely for intrastate commerce shall process any poultry or poultry product capable of use as human food except...
  • § 106-549.58   Poultry not for human consumption; records; registration
    (a) Inspection shall not be provided under this Article at any establishment for the slaughter of poultry or the processing of any carcasses or parts...
  • § 106-549.59   Punishment for violations; carriers exempt; interference with enforcement
    (a) Any person who violates the provisions of G.S. 106‑549.56, 106‑549.57, 106‑549.58 or 106‑549.61 is guilty of a Class 1 misdemeanor; but if such violation...
  • § 106-549.60   Notice of violation
    Before any violation of this Article is reported by the Commissioner to any North Carolina district attorney for institution of a criminal proceeding, the person...
  • § 106-549.61   Regulations authorized
    (a) The Commissioner may by regulations prescribe conditions under which poultry products capable of use as human food shall be stored or otherwise handled by...
  • § 106-549.62   Intrastate operations exemptions
    (a) The Board shall, by regulation and under such conditions, including requirements, as to sanitary standards, practices, and procedures as it may prescribe, exempt from...
  • § 106-549.63   Commissioner may limit entry of products to establishments
    The Commissioner may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure...
  • § 106-549.64   Refusal of inspection services; hearing; appeal
    (a) The Commissioner may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Article) refuse to provide, or withdraw,...
  • § 106-549.65   Product detained if in violation
    Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled, or diseased poultry is found...
  • § 106-549.66   Seizure or condemnation proceedings
    (a) Any poultry product, or any dead, dying, or disabled, or diseased poultry, that is being transported in intrastate commerce, subject to this Article, or...
  • § 106-549.67   Superior court jurisdiction; proceedings in name of State
    The superior court is vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Article, and shall have jurisdiction in all...
  • § 106-549.68   Powers of Commissioner; subpoenas; mandamus; self-incrimination; penalties
    (a) The Commissioner shall also have power: (1) To gather and compile information concerning and, to investigate from time to time the organization, business, conduct,...
  • § 106-549.68A   Article applicable to those regulated by federal act
    The requirements of this Article shall apply to persons, establishments, poultry, poultry products and other articles regulated under the Federal Poultry Products Inspection Act only...
  • § 106-549.69   Inspection costs
    The cost of inspection rendered under the requirements of this Article, shall be borne by this State, except as provided in G.S. 106‑549.52 and except...

Article 49E - Disposal of Dead Diseased Poultry at Commercial Farms.

  • § 106-549.70   Disposal pit, incinerator, or poultry composting facility required
    Every person, firm or corporation engaged in raising or producing poultry for commercial purposes shall provide and maintain a disposal pit, incinerator, or poultry composting...
  • § 106-549.71   Penalty for violation
    Any person, firm or corporation violating the provisions of this Article is guilty of a Class 1 misdemeanor. (1961, c. 1197, s. 2; 1999‑408, s.
  • § 106-549.72   Civil penalties
    The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article...
  • § 106-549.73 through 106-549.80   Reserved for future codification purposes

Article 49F - Biological Residues in Animals.

  • § 106-549.81   Definitions
    For the purpose of this Article, the following terms shall have the meanings ascribed to them in this section: (1) "Animal" means any member of...
  • § 106-549.82   Detention or quarantine; lifting quarantine; burden of proof
    Any animal, animal product, or animal feed which the Commissioner has reasonable cause to believe contains or bears any biological residue may be immediately detained...
  • § 106-549.83   Appellate review; order pending appeal; bond
    Any order or [of] quarantine or detention made by the Commissioner may be appealed by the aggrieved party to the superior court of the county...
  • § 106-549.84   Movement of contaminated animals forbidden
    (a) No person shall ship, transport, or otherwise move, or deliver, or receive for movement, any animal, animal product, or animal feed under detention or...
  • § 106-549.85   Inspection of animals, records, etc
    The Commissioner may enter any place within the State at all reasonable times where any animal, animal product or animal feed is kept to examine...
  • § 106-549.86   Investigation to discover violation
    The Commissioner shall make such investigations or inspections as he deems necessary to determine whether any person has violated, or is violating, any provision of...
  • § 106-549.87   Promulgation of regulation
    The North Carolina Board of Agriculture is hereby authorized to promulgate regulations as it may deem necessary to effectuate the purposes of this Article, including...
  • § 106-549.88   Penalties
    Any person who violates any provisions of this Article or any regulations thereunder is guilty of a Class 2 misdemeanor. (1971, c. 1183, s. 8;...
  • § 106-549.89   Civil penalties
    The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article...
  • § 106-549.90 through 106-549.93   Reserved for future codification purposes

Article 49G - Production and Sale of Pen-Raised Quail.

Article 49H - Production and Sale of Fallow Deer and Red Deer.

Article 50 - Promotion of Use and Sale of Agricultural Products.

Article 50A - Promotion of Agricultural Research and Dissemination of Findings.

Article 50B - North Carolina Agricultural Hall of Fame.

  • § 106-568.13   North Carolina Agricultural Hall of Fame created
    There is hereby created and established as an agency of the State of North Carolina the North Carolina Agricultural Hall of Fame. (1953, c. 1129,...
  • § 106-568.14   Board of directors; membership; compensation
    The North Carolina Agricultural Hall of Fame shall be under the general supervision and control of a board of directors consisting of the following: the...
  • § 106-568.15   Terms of directors
    One of the appointive members shall be appointed for a term of two years, one for a term of four years and one for a...
  • § 106-568.16   Admission of candidates to Hall of Fame
    The said board is hereby empowered to formulate rules and regulations governing acceptance and admission of candidates to said North Carolina Agricultural Hall of Fame,...
  • § 106-568.17   Acceptance of gifts, bequests and awards; display thereof
    The said board is hereby empowered to accept and receive gifts, bequests, and awards which are to become the sole property of said North Carolina...

Article 50C - Promotion of Sale and Use of Tobacco.

Article 51 - Inspection and Regulation of Sale of Antifreeze Substances and Preparations.

Article 51A - North Carolina Antifreeze Law of 1975.

  • § 106-579.1   Short title
    This Article shall be known as the "North Carolina Antifreeze Law of 1975." (1975, c. 719, s. 1.)
  • § 106-579.2   Purpose
    It is desirable that there should be uniformity between the requirements of the several states. Therefore, the Board and Commission are directed, consistent with the...
  • § 106-579.3   Definitions
    As used in this Article, the following words and phrases have the following meanings: (1) "Advertisement" means all representations disseminated in any manner or by...
  • § 106-579.4   Registrations
    On or before the first day of July of each year, and before any antifreeze may be distributed for the permit year beginning July 1,...
  • § 106-579.5   Adulteration
    Antifreeze shall be deemed to be adulterated: (1) If, in the form in which it is sold and directed to be used, it would be...
  • § 106-579.6   Misbranding
    Antifreeze shall be deemed to be misbranded: (1) If it does not bear a label which (i) specifies the identity of the product, (ii) states...
  • § 106-579.7   Rules and regulations
    (a) The Board is authorized to promulgate such reasonable rules, regulations and standards for antifreezes as are specifically authorized in this Article and such other...
  • § 106-579.8   Inspection, sampling and analysis
    The Commissioner, or his authorized agent, shall have free access at reasonable hours to all places and property in this State where antifreeze is manufactured,...
  • § 106-579.9   Prohibited acts
    It shall be unlawful to: (1) Distribute any antifreeze which is adulterated or misbranded. (2) Distribute any antifreeze which has been banned by the Board....
  • § 106-579.10   Enforcement
    (a) When the Commissioner finds any antifreeze being distributed in violation of any of the provisions of this Article or of any of the rules...
  • § 106-579.11   Submission of formula
    When application for a license or permit to sell antifreeze in this State is made to the Commissioner, he may require the applicant to furnish...
  • § 106-579.12   Violation
    (a) Any person who shall be adjudged to have violated any provision of this Article, or any regulation of the Board adopted pursuant to this...
  • § 106-579.13   Publications
    (a) The Commission [Commissioner] may publish or furnish, upon request, a list of the brands and classes or types of antifreeze inspected by the State...
  • § 106-579.14   Exclusive jurisdiction
    Jurisdiction in all matters pertaining to the distribution, sale and transportation of antifreeze by this Article are vested exclusively in the Board and Commissioner. (1975,...

Article 52 - Agricultural Development.

Article 53 - Grain Dealers.

  • § 106-601   Definitions
    (a) "Cash buyer" means any grain dealer who pays the producer, or his representative at the time of obtaining title, possession or control of grain,...
  • § 106-602   License required
    No person shall act or hold himself out as a grain dealer without first having obtained a license as herein provided. (1973, c. 665, s.
  • § 106-603   Application for license or renewal thereof
    Every grain dealer before transacting business within the State of North Carolina shall on or before July 1, 1974, and annually on or before June...
  • § 106-604   License fee; bond required; exemption
    All applications shall be accompanied by an initial or renewal license fee of fifty dollars ($50.00) plus thirty dollars ($30.00) per certificate or decal for...
  • § 106-605   Execution, terms and form of bond; action on bond
    (a) Such bond shall be signed by the grain dealer and by a company authorized to execute surety bonds in North Carolina and shall be...
  • § 106-606   Posting of license; decal on truck, etc
    The grain dealer license shall be posted in a conspicuous place in the place of business. In the case of a licensee operating a truck...
  • § 106-607   Renewal of license
    Licenses shall be renewed upon application and payment of renewal fees on or before the fifteenth day of June following the date of expiration of...
  • § 106-608   Disposition of fees
    All fees payable under this Article shall be collected by the North Carolina Department of Agriculture and Consumer Services for the administration of this Article....
  • § 106-609   Records to be kept by dealers; uniform scale ticket
    It shall be the duty of every person doing business as a grain dealer in this State to keep records of grain transactions for reasonable...
  • § 106-610   Grounds for refusal, suspension or revocation of license
    The Commissioner may refuse to grant or renew license, may suspend or may revoke any license upon a showing by substantial and competent evidence that:...
  • § 106-611   Procedure for denial, suspension, or revocation of license; effect of revocation
    (a) A denial, suspension, or revocation of a license under this Article shall be made in accordance with Chapter 150B of the General Statutes. (b)...
  • § 106-612   Commissioner's authority to investigate
    In furtherance of any such investigation, inspection or hearing, the Commissioner or his duly authorized agent shall have full authority to make any and all...
  • § 106-613   Rules and regulations
    The Board of Agriculture may adopt such rules and regulations as may be necessary to carry out the administration and enforcement of this Article. (1973,...
  • § 106-614   Violation a misdemeanor
    Any person who violates any provision of this Article or any rule or regulation of the Board of Agriculture promulgated hereunder shall be guilty of...
  • § 106-615   Operation without license unlawful; injunction for violation
    It shall be unlawful for any person to be a grain dealer without securing a license as herein provided. In addition to the criminal penalties...
  • § 106-616 through 106-620   Reserved for future codification purposes

Article 54 - Adulteration of Grains.

  • § 106-621   Definitions
    For purposes of this Article, the following words or terms shall mean as follows: (1) Adulterated grain: Grain which contains any substance, such as, but...
  • § 106-622   Prohibited acts
    It shall be unlawful for any person to commit a prohibited act under G.S. 106‑122 with adulterated grain as defined in this Article and as...
  • § 106-623   Penalty
    Any person violating the provisions of this Article shall be subject to the provisions of G.S. 106‑123, 106‑124 and 106‑125. (1975, c. 659, s. 3.)
  • § 106-624   Sign furnished by Commissioner
    It shall be the duty of the Commissioner to cause to be prepared and furnished for a fee of ten dollars ($10.00) each to all...
  • § 106-625   Posting of sign
    It shall be the duty of the owner, manager, or person in charge of the elevator, mill, warehouse or other similar structure to post in...
  • § 106-626   Nonposting not a defense
    It shall not be a defense to a prosecution under this Article that the sign required to be posted by G.S. 106‑625 hereof was not...
  • § 106-627   Determination of adulteration
    For purposes of evidence under this Article, the grain dealer or his agent, upon receipt or pending receipt of suspected adulterated grain, may, at his...
  • § 106-628   Applicability of Article
    The terms of this Article shall not apply to grain sold, offered for sale or delivered for purposes of planting. (1975, c. 659, s. 8.)
  • § 106-629 through 106-633   Reserved for future codification purposes

Article 55 - North Carolina Bee and Honey Act of 1977.

Article 56 - North Carolina Commercial Fertilizer Law.

  • § 106-655   Short title
    This Article shall be known as the "North Carolina Commercial Fertilizer Law." (1977, c. 303, s. 1.)
  • § 106-656   Purpose of Article
    The purpose of this Article shall be to assure the manufacturer, distributor, and consumer of the correct quality and quantity of all commercial fertilizer sold...
  • § 106-657   Definitions
    When used in this Article: (1) The term "brand name" means the name under which any individual mixed fertilizer or fertilizer material is offered for...
  • § 106-658   Enforcing official
    This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina, or his authorized agent, hereinafter referred to as the...
  • § 106-659   Minimum plant food content
    Except as provided in this section, superphosphate containing less than eighteen percent (18%) available phosphate, or any mixed fertilizer in which the guarantees for the...
  • § 106-660   Registration of brands; licensing of manufacturers and distributors; fluid fertilizers
    (a) Each brand of commercial fertilizer for tobacco, specialty fertilizer, fertilizer materials, manipulated manure and fortified mulch shall be registered by the person whose name...
  • § 106-661   Labeling
    (a) Any commercial fertilizer offered for sale, sold, or distributed in this State in bags, barrels, or other containers shall have placed on or affixed...
  • § 106-662   Sampling, inspection and testing
    (a) It shall be the duty of the Commissioner to sample, inspect, make analysis of, and test commercial fertilizers offered for sale, sold, or distributed...
  • § 106-663   False or misleading statements
    It shall be unlawful to make, in any manner whatsoever, any false or misleading statement or representation with regard to any commercial fertilizer offered for...
  • § 106-664   Determination and publication of commercial values
    For the purpose of determining the commercial values to be applied under the provisions of G.S. 106‑665, the Commissioner shall determine and publish annually the...
  • § 106-665   Plant food deficiency
    (a) The Commissioner, in determining for administrative purposes, whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample...
  • § 106-666   "Stop sale," etc., orders
    (a) When the Commissioner finds that a lot of commercial fertilizer is being offered or exposed for sale in violation of any of the provisions...
  • § 106-667   Seizure, condemnation and sale
    Any lot of commercial fertilizer not in compliance with the provisions of this Article shall be subject to seizure on complaint of the Commissioner to...
  • § 106-668   Punishment for violations
    Each of the following offenses shall be a Class 1 misdemeanor and any person upon conviction thereof shall be punished as provided by law for...
  • § 106-669   Effect of violations on license and registration
    The Commissioner is authorized to suspend, revoke or terminate the license of any manufacturer or to refuse, suspend, revoke or terminate the registration of any...
  • § 106-670   Appeals from assessments and orders of Commissioner
    Nothing contained in this Article shall prevent any person from appealing to a court of competent jurisdiction from any assessment of penalty or other final...
  • § 106-671   Inspection fees; reporting system
    (a) For the purpose of defraying expenses on the inspection and of otherwise determining the value of commercial fertilizers in this State, there shall be...
  • § 106-672   Declaration of policy
    The General Assembly hereby finds and declares that it is in the public interest that the State regulate the activities of those persons engaged in...
  • § 106-673   Authority of Board of Agriculture to make rules and regulations
    Because legislation with regard to commercial fertilizer sold or offered for sale in this State must be adapted to complex conditions and standards involving numerous...
  • § 106-674   Short weight
    If any commercial fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the registrant of said commercial...
  • § 106-675   Publication of information concerning fertilizers
    The Commissioner shall publish at least annually, in such forms as he may deem proper, complete information concerning the sales of commercial fertilizers, together with...
  • § 106-676   Sales or exchanges between manufacturers, etc
    Nothing in this Article shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers or manufacturers who...
  • § 106-677   Grade-tonnage reports
    Each person registering commercial fertilizers under this Article shall furnish the Commissioner with a written statement of the tonnage of each grade of fertilizer sold...
  • § 106-678 through 106-699   Reserved for future codification purposes

Article 57 - Nuisance Liability of Agricultural and Forestry Operations.

Article 57A - Civil Liability of Farmers.

Article 58 - North Carolina Biologics Law of 1981.

  • § 106-707   Short title and purpose
    This Article shall be known as "The North Carolina Biologics Law of 1981." The purpose of the law is to provide for the production and...
  • § 106-708   Definitions
    For purposes of this Article, the following words, terms and phrases are defined as follows: (1) "Animal" means all birds and mammals, other than man,...
  • § 106-709   Rules and regulations
    The Board of Agriculture shall adopt rules and regulations necessary for the implementation and administration of this Article. (1981, c. 552, s. 1.)
  • § 106-710   Biologics production license
    (a) No person shall engage in the production of biologics except in: (1) An establishment licensed by the Department; (2) An establishment licensed by the...
  • § 106-711   License revocation or suspension
    The Commissioner, upon a finding that a licensed establishment producing biologics is not in compliance with this Article or any rules or regulations promulgated thereunder,...
  • § 106-712   Registration of biologics
    (a) No person shall offer for sale or use any biologic in North Carolina unless it is registered with the Commissioner. The registration shall be...
  • § 106-713   Revocation or suspension of registration
    The Commissioner, upon a finding that a registered biologic is being produced, sold or distributed in violation of this Article or any rules or regulations...
  • § 106-714   Penalties for violation
    (a) Any person adjudged to have violated any provision of this Article or the rules and regulations promulgated thereunder is guilty of a Class 2...
  • § 106-715   Civil penalties
    The Commissioner may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article...
  • § 106-716 through 106-718   Reserved for future codification purposes

Article 59 - Northeastern North Carolina Farmers Market Commission.

Article 60 - Southeastern North Carolina Farmers Market Commission.

Article 61 - Agricultural Development and Preservation of Farmland.

Article 62 - Grape Growers Council.

Article 63 - Aquaculture Development Act.

  • § 106-756   Legislative findings and purpose
    The General Assembly finds and declares that it is in the best interest of the citizens of North Carolina to promote and encourage the development...
  • § 106-757   Short title
    This Article shall be known as the Aquaculture Development Act. (1989, c. 752, s. 147.)
  • § 106-758   Definitions
    In addition to the definitions in G.S. 113‑129, the following definitions shall apply as used in this Article, (1) "Aquaculture" means the propagation and rearing...
  • § 106-759   Lead agency; powers and duties
    (a) For the purposes of this Article, aquaculture is considered to be a form of agriculture and thus the Department of Agriculture and Consumer Services...
  • § 106-760   Advisory Board
    (a) There is created within the Department of Agriculture and Consumer Services the Aquaculture Advisory Board, to consist of the following persons: (1) The Commissioner...
  • § 106-761   Aquaculture facility registration and licensing
    (a) Authority. The North Carolina Department of Agriculture and Consumer Services shall regulate the production and sale of commercially raised freshwater fish and freshwater crustacean...
  • § 106-762   Fish disease management
    (a) The North Carolina Department of Agriculture and Consumer Services shall, with the assistance of the Wildlife Resources Commission, develop and implement a fish disease...
  • § 106-763   Fish passage and residual stream flow
    (a) Natural watercourses as designated by law or regulation shall not be blocked with a stand, dam, weir, hedge, or other water diversion structure to...
  • § 106-763.1   Propagation and production of American alligators
    (a) License Required. A person who intends to raise American alligators commercially must first obtain an Aquaculture Propagation and Production Facility License from the Department....
  • § 106-764   Violation
    A person who violates this act or a rule of the Board of Agriculture adopted hereunder is guilty of a Class 3 misdemeanor. (1993, c....

Article 64 - Genetically Engineered Organisms Act.

Article 65 - Strawberry Assessment Act.

  • § 106-781   Title
    This Article shall be known as the "Strawberry Assessment Act." (1989 (Reg. Sess., 1990), c. 1027, s. 1.)
  • § 106-782   Findings and purpose
    The General Assembly hereby finds that strawberry production makes an important contribution to the State's economy; and that it is appropriate for the State to...
  • § 106-783   Definitions
    As used in this Article: (1) "Association" means the North Carolina Strawberry Association, Inc. (2) "Commercial production" means the production of strawberries for sale. (3)...
  • § 106-784   Referendum
    (a) At any time after the effective date of this Article, the Association may conduct a referendum among strawberry producers upon the question of whether...
  • § 106-785   Two-thirds vote required; collection of assessment; penalties; audits
    (a) The assessment shall not be collected unless at least two‑thirds of the votes cast in the referendum are in favor of the assessment. If...
  • § 106-786   Use of funds; refunds
    The Department shall remit all funds collected under this Article to the Association at least monthly. The Association shall use such funds for research and...
  • § 106-787 through 106-789   Reserved for future codification purposes

Article 66 - Pork Promotion Assessment Act.

  • § 106-790   Title
    This Article shall be known as the "Pork Promotion Assessment Act." (1991, c. 605, s. 1.)
  • § 106-791   Purpose
    It is in the public interest for the State to enable producers of porcine animals to assess themselves in order to raise funds to promote...
  • § 106-792   Definitions
    The following definitions apply in this Article: (1) Association. The North Carolina Pork Producers Association, Inc., a North Carolina nonprofit corporation. (2) Buyer. Any person...
  • § 106-793   Referendum
    (a) The Association may conduct among pork producers a referendum upon the question of whether an assessment shall be levied on porcine animals sold in...
  • § 106-794   Payment and collection of assessment
    (a) The assessment shall not be collected unless more than half of the votes cast in the referendum are in favor of the assessment. If...
  • § 106-795   Use of assessments; Refunds
    (a) The Department shall remit all funds collected under this Article to the Association at least monthly. The Association shall use the funds to promote...
  • § 106-796   Termination of assessment
    Upon receipt of a petition signed by at least ten percent (10%) of the pork producers in North Carolina known to the Association, the Department...
  • § 106-797 through 106-799   Reserved for future codification purposes

Article 67 - Swine Farms.

  • § 106-800   Title
    This Article shall be known as the "Swine Farm Siting Act". (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997‑458,...
  • § 106-801   Purpose
    The General Assembly finds that certain limitations on the siting of swine houses and lagoons for swine farms can assist in the development of pork...
  • § 106-802   Definitions
    As used in this Article, unless the context clearly requires otherwise: (1) "Lagoon" means a confined body of water to hold animal byproducts including bodily...
  • § 106-803   Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms
    (a) A swine house or a lagoon that is a component of a swine farm shall be located: (1) At least 1,500 feet from any...
  • § 106-804   Enforcement
    (a) Any person who owns property directly affected by the siting requirements of G.S. 106‑803 pursuant to subsection (b) of this section may bring a...
  • § 106-805   Written notice of swine farms
    Any person who intends to construct a swine farm whose animal waste management system is subject to a permit under Part 1 or 1A of...
  • § 106-806 through 106-809   Reserved for future codification purposes

Article 68 - Southern Dairy Compact.

Article 69 - Horse Industry Promotion Act.

  • § 106-820   Title
    This Article may be cited as the Horse Industry Promotion Act. (1998‑154, s. 1.)
  • § 106-821   Findings
    The General Assembly finds that the horse industry makes an important contribution to the State's economy, and that it is appropriate for the State to...
  • § 106-822   Definitions
    As used in this Article: (1) "Commercial horse feed" means any commercial feed, as defined in G.S. 106‑284.33, labeled for equine use. (2) "Council" means...
  • § 106-823   Referendum
    (a) The Council may conduct a referendum among horse owners upon the question of whether an assessment shall be levied consistent with this Article. (b)...
  • § 106-824   Majority vote required; collection of assessment
    (a) The assessment shall not be collected unless a majority of the votes cast in the referendum are in favor of the assessment. If a...
  • § 106-825   Use of funds; refunds
    (a) The Department shall remit all funds collected under this Article to the Council at least quarterly. The Council shall use these funds to promote...