Chapter 106 Agriculture
Article 1 - Department of Agriculture and Consumer Services.
- § 106-1 Repealed by Session Laws 1995, c. 509, s. 52
- § 106-2 Department of Agriculture and Consumer Services established; Board of Agriculture, membership, terms of office, etc
The Department of Agriculture and Consumer Services is created and established and shall be under the control of the Commissioner of Agriculture, with the consent...
- § 106-3 Repealed by Session Laws 1995, c. 509, s. 54
- § 106-4 Meetings of Board
The Board of Agriculture, herein established, hereafter called "the Board," shall meet for the transaction of business in the City of Raleigh at least twice...
- § 106-5 Repealed by Session Laws 1997-74, s. 1
- § 106-6 Repealed by Session Laws 1995, c. 509, s. 54
- § 106-6.1 Fees
A board or commission within the Department of Agriculture and Consumer Services may establish fees or charges for the services it provides. The Board of...
- § 106-6.2 Create special revenue funds for certain agricultural centers
(a) The Eastern North Carolina Agricultural Center Fund is created within the Department of Agriculture and Consumer Services as a special revenue fund. This Fund...
- § 106-7 through 106-8 Repealed by Session Laws 1995, c. 509, s. 54
- § 106-9 Repealed by Session Laws 1997-74, s. 2
- § 106-9.1 Repealed by Session Laws 1995, c. 509, s. 54
- § 106-9.2 Records and reports required of persons paying fees or taxes to Commissioner or Department; examination of records; determination of amount due by Commissioner in case of noncompliance
(a) Every person paying fees or taxes to the Commissioner of Agriculture or to the Department of Agriculture and Consumer Services under the provisions of...
- § 106-9.3 Procedure for assessment of fees and taxes
(a) If the Commissioner of Agriculture discovers from the examination of any report filed by a taxpayer or otherwise that any fee or tax or...
- § 106-9.4 Collection of delinquent fees and taxes
(a) If any fee or tax imposed by this Chapter, or any other fee or tax levied by the State and payable to the Commissioner...
- § 106-9.5 Refund of overpayment
If the Commissioner of Agriculture discovers from the examination of any report, or otherwise, that any taxpayer has overpaid the correct amount of any fee...
- § 106-9.6 Suits to prevent collection prohibited; payment under protest and recovery of fee or tax so paid
No court of this State shall entertain a suit of any kind brought for the purpose of preventing the collection of any fee or tax...
- § 106-10 Election; term; vacancy
The Commissioner of Agriculture shall be elected at the general election for other State officers, shall be voted for on the same ballot with such...
- § 106-11 Salary of Commissioner of Agriculture
The salary of the Commissioner of Agriculture shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary...
- § 106-12 through 106-13 Repealed by Session Laws 1997-74, ss. 3, 4
- § 106-14 To establish regulations for transportation of livestock
The Commissioner of Agriculture, by and with the consent and advice of the Board of Agriculture, shall promulgate and enforce such rules and regulations as...
- § 106-15 through 106-19 Repealed by Session Laws 1997-74, s. 5
- § 106-20 Repealed by Session Laws 1987, c. 244, s. 1(a)
- § 106-21 Repealed by Session Laws 1997-74, s. 7
- § 106-21.1 Feed Advisory Service; fee
The Department of Agriculture and Consumer Services shall operate a Feed Advisory Service for the analysis of animal feeds in order to provide a feeding...
- § 106-21.2 Food Bank information and referral service
The Department of Agriculture and Consumer Services may maintain an information and referral service for persons and organizations that have notified the department of their...
- § 106-22 Joint duties of Commissioner and Board
The Commissioner of Agriculture, by and with the consent and advice of the Board of Agriculture shall: (1) General. Investigate and promote such subjects relating...
- § 106-22.1 State farms
State‑owned farmland, including timberland, allocated to the Department of Agriculture and Consumer Services for the State Farm Program, shall be managed by the Department for...
- § 106-22.2: Recodified as § 143B-344.23 by Session Laws 1998-212, s 21(a)
- § 106-22.3 Organic Production Program
(a) The Board of Agriculture may establish rules, standards, guidelines, and policies for the establishment and implementation of a voluntary program for the certification of...
- § 106-22.4 Llamas as livestock
Any rules adopted by the Board of Agriculture that affect llamas shall not refer to llamas as exotic or wild animals. It is the intent...
- § 106-22.5 Agricultural tourism signs
(a) The Department of Agriculture and Consumer Services shall provide directional signs on major highways at or in reasonable proximity to the nearest interchange or...
- § 106-23 Legislative assent to Adams Act for experiment station
Legislative assent be and the same is hereby given to the purpose of an act of Congress approved March 16, 1906, entitled "An Act to...
- § 106-24 Collection and publication of information relating to agriculture; cooperation
The Department of Agriculture and Consumer Services shall collect, compile, systematize, tabulate, and publish statistical information relating to agriculture. The Department is authorized to use...
- § 106-24.1 Confidentiality of information collected and published
All information published by the Department of Agriculture and Consumer Services pursuant to this Part shall be classified so as to prevent the identification of...
- § 106-25 through 106-26.2 Repealed by Session Laws 1979, c. 288, s. 2
- § 106-26.3 through 106-26.6 Reserved for future codification purposes
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.
- § 106-65.22 Title
This Article shall be known by the title of "Structural Pest Control Act of North Carolina of 1955." It is declared to be the policy...
- § 106-65.23 Structural Pest Control Division of Department of Agriculture and Consumer Services recreated; Director; powers and duties of Commissioner; Structural Pest Control Committee created; appointment; terms; powers and duties; quorum
(a) There is recreated, within the North Carolina Department of Agriculture and Consumer Services, a Division to be known as the Structural Pest Control Division....
- § 106-65.24 Definitions
As used in this Article: (1) "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and...
- § 106-65.25 Phases of structural pest control; prohibited acts; license required; exceptions
(a) The Committee shall classify license phases to be issued under this Article. Separate phases or subphases shall be specified for: (1) Control of household...
- § 106-65.26 Qualifications for certified applicator and licensee; applicants for certified applicator's identification card and license
(a) An applicant for a certified applicator's identification card or license must present satisfactory evidence to the Committee concerning his qualifications for such card or...
- § 106-65.27 Examinations of applicants; fee; license not transferable
(a) Certified Applicator. All applicants for a certified applicator's identification card shall demonstrate practical knowledge of the principles and practices of pest control and safe...
- § 106-65.28 Revocation or suspension of license or identification card
(a) Any license or certified applicator's identification card or registered technician's identification card may be denied, revoked or suspended by a majority vote of the...
- § 106-65.29 Rules and regulations
In order to ensure that persons licensed and certified under this Article are capable of performing a high quality of workmanship, the Committee may adopt...
- § 106-65.30 Inspectors; inspections and reports of violations; designation of resident agent
(a) For the enforcement of the provisions of this Article the Commissioner is authorized to appoint one or more qualified inspectors and such other employees...
- § 106-65.31 Annual certified applicator card and license fee; registration of servicemen, salesmen, solicitors, and estimators; identification cards
(a) Certified Applicator's Identification Card. The fee for issuance or renewal of a certified applicator's identification card shall be thirty dollars ($30.00). Within 75 days...
- § 106-65.32 Administrative Procedure Act applicable
A denial, suspension, or revocation of a license, certified applicator card, or identification card under this Article shall be made in accordance with Chapter 150B...
- § 106-65.33 Violation of Article, falsification of records, or misuse of registered pesticide a misdemeanor
(a) Any person who shall be adjudged to have violated any provision of this Article or who falsifies any records required to be kept by...
- § 106-65.34 Repealed by Session Laws 1967, c. 1184, s. 13
- § 106-65.35 Repealed by Session Laws 1973, c. 556, s. 12
- § 106-65.36 Reciprocity; intergovernmental cooperation
The Committee may cooperate or enter into formal agreements with any other agency of this State or its subdivisions or with any agency of any...
- § 106-65.37 Financial responsibility
(a) The Committee may require by regulation from a licensee or certified applicator or an applicant for a license or certified applicator's identification card under...
- § 106-65.38 Disposition of fees and charges
Except as otherwise provided in G.S. 106‑65.41, all fees and charges received by the Division under this Article shall be deposited in the Department of...
- § 106-65.39 Judicial enforcement
The commissioner may apply to either the superior or district court for an injunction to prevent and restrain violations of this Article and the rules...
- § 106-65.40 City privilege license tax prohibited
A city, as defined in G.S. 160A‑1(2), may not levy a privilege license tax on persons engaged in a business licensed under this Article. (1983,...
- § 106-65.41 Civil penalties
A civil penalty of not more than two thousand dollars ($2,000) may be assessed by the Committee against any person for any one or more...
Article 4D - North Carolina Biological Organism Act.
- § 106-65.42 Short title
This Article shall be known as the "North Carolina Biological Organism Act." (1973, c. 713, s. 2.)
- § 106-65.43 Purpose
The purpose of this Article is to regulate the production, sale, use and distribution of biological organisms that may have an adverse effect on the...
- § 106-65.44 Definitions
For the purposes of this Article, unless the context clearly requires otherwise: (1) The term "biological organism" means any plant, lower animal, virus or disease...
- § 106-65.45 Authority of the Board to adopt regulations
The Board of Agriculture is hereby authorized to adopt regulations to implement and carry out the purposes of this Article so as to protect the...
- § 106-65.46 Commissioner of Agriculture to enforce Article; further authority of Board
It shall be the duty of the Commissioner to exercise the powers and duties imposed upon him by this Article and such regulations as shall...
- § 106-65.47 Authority under other statutes not abrogated; memoranda of understanding
The provisions of this Article shall in no way abrogate the authority as defined in other Articles of the General Statutes of the State of...
- § 106-65.48 Criminal penalties; violation of law or regulations
If anyone shall interfere with or attempt to interfere with the Commissioner or any of his agents, while engaged in the performance of his duties...
- § 106-65.49 Article not applicable in certain cases
The provisions of this Article and/or regulations promulgated hereunder shall not apply to: (1) Any virus, serum, toxin, antitoxin, vaccine, blood, blood component or derivative,...
- § 106-65.50 through 106-65.54 Reserved for future codification purposes
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.
- § 106-65.67 Short title
This Article may be cited as the Uniform Boll Weevil Eradication Act. (1975, c. 958, s. 1.)
- § 106-65.68 Declaration of policy
The Anthonomus grandis Boheman, known as the boll weevil, is hereby declared to be a public nuisance, a pest, and a menace to the cotton...
- § 106-65.69 Definitions
As used in this Article, the following words shall have the meaning stated below, unless the context requires otherwise: (1) Boll Weevil. Anthonomus grandis Boheman,...
- § 106-65.70 Cooperative programs authorized
The Commissioner is hereby authorized and directed to carry out programs to destroy and eliminate boll weevils in this State. The Commissioner is authorized to...
- § 106-65.71 Entry of premises; eradication activities; inspections
The Commissioner, or his authorized representative, shall have authority, as provided in this section, to enter cotton fields and other premises in order to carry...
- § 106-65.72 Reports
Every person growing cotton in this State shall furnish to the Commissioner, or his authorized representative, on forms supplied by the Commissioner, such information as...
- § 106-65.73 Quarantine
The Commissioner is authorized to promulgate regulations, quarantining this State, or any portion thereof, and governing the storage or other handling in the quarantined areas...
- § 106-65.74 Authority to designate elimination zones; authority to prohibit planting of cotton and to require participation in eradication program
The Commissioner, subject to the provisions of section 13 of this act [Session Laws 1975, chapter 958, section 13] is authorized to designate by regulation...
- § 106-65.75 Authority for destruction or treatment of cotton in elimination zones; when compensation payable
The Commissioner or his authorized representative shall have authority to destroy, or in his discretion, to treat with pesticides volunteer or other noncommercial cotton and...
- § 106-65.76 Authority to regulate pasturage, entry, and honeybee colonies in elimination zones and other areas
The Commissioner is authorized to promulgate regulations restricting the pasturage of livestock, entry by persons, and location of honeybee colonies in any premises in an...
- § 106-65.77 Rules and regulations
The Commissioner shall have authority to adopt such other rules and regulations as he deems necessary to further effectuate the purposes of this Article. All...
- § 106-65.78 Penalties
(a) Any person who shall violate any of the provisions of this Article or the regulations promulgated hereunder, or who shall alter, forge or counterfeit,...
- § 106-65.79 through 106-65.83 Reserved for future codification purposes
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.
- § 106-185 Scope of Article; federal-State cooperation
(a) Scope. This Article gives the Department of Agriculture and Consumer Services the authority to investigate marketing conditions for and establish and maintain standard grades,...
- § 106-186 Power to employ agents and assistants
The Board of Agriculture is charged with the execution of the provisions of this Article, and has authority to employ such agents and assistants as...
- § 106-187 Board of Agriculture to investigate marketing of farm products
It shall be the duty of the Board of Agriculture to investigate the subject of marketing farm products, to diffuse useful information relating thereto, and...
- § 106-188 Promulgation of standards for receptacles, etc
After investigation, and from time to time as may be practical and advisable, the Board shall have authority to establish and promulgate standards of opened...
- § 106-189 Sale and receptacles of standardized products must conform to requirements
Whenever any standard for the grade or other classification of any farm product becomes effective under this Article no person thereafter shall pack for sale,...
- § 106-189.1 Repealed by Session Laws 1983, c. 248, s. 3
- § 106-189.2 Sale of immature apples
(a) Notwithstanding any other provision of law, the Board of Agriculture shall adopt requirements for apple grade standards. The apple grade standards shall include the...
- § 106-190 Inspectors or graders authorized; revocation of license
The Board is authorized to employ, license, or designate persons to inspect and classify farm products and to certify as to the grade or other...
- § 106-190.1 Aggregate State service credit for graders
All fruit, vegetable, grain, poultry, egg and egg products graders employed by the Board in positions in fact permanent and full‑time, but who were inadvertently...
- § 106-191 Appeal from classification
The owner or person in possession of any farm product classified in accordance with the provisions of this Article may appeal from such classification under...
- § 106-192 Certificate of grade prima facie evidence
A certificate of the grade or other classification of any farm product issued under this Article shall be accepted in any court of this State...
- § 106-193 Unwholesome products not classified; health officer notified
Any person employed, licensed, or designated shall neither classify nor certify as to the grade or other classification of any farm product which, in his...
- § 106-194 Inspection and sampling of farm products authorized
Agents and employees are authorized from time to time to ascertain the amount of any farm products in this State, to inspect the same in...
- § 106-194.1 Farm Product Inspection Account
The Farm Product Inspection Account is established as a nonreverting account within the Department of Agriculture and Consumer Services. Interest and other investment income earned...
- § 106-195 Rules and regulations; how prescribed
The Board of Agriculture is authorized to make and promulgate such rules and regulations as may be necessary to carry out the provisions of this...
- § 106-196 Violation of Article or regulations a misdemeanor
Any person who violates any provision of this Article, or of the rules and regulations made under the Article for carrying out its provisions, or...
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.
- § 106-202.12 Definitions
As used in this Article, unless the context requires otherwise: (1) "Board" means the North Carolina Plant Conservation Board as provided in this Article. (2)...
- § 106-202.13 Declaration of policy
The General Assembly finds that the recreational needs of the people, the interests of science, and the economy of the State require that threatened and...
- § 106-202.14 Creation of Board; membership; terms; chairman; quorum; board actions; compensation
(a) The North Carolina Plant Conservation Board is created within the Department of Agriculture and Consumer Services. (b) The Board shall consist of seven members...
- § 106-202.15 Powers and duties of the Board
The Board shall have all of the following powers and duties: (1) To adopt and maintain a list of protected plant species for North Carolina,...
- § 106-202.16 Criteria and procedures for placing plants on protected plant lists
(a) All native or resident plants which are on the current federal lists of endangered or threatened plants pursuant to the Endangered Species Act have...
- § 106-202.17 Creation of committee; membership; terms; chairman; meetings; committee action; quorum; compensation
(a) The North Carolina Plant Conservation Scientific Committee is created within the Department of Agriculture and Consumer Services. (b) The Scientific Committee shall consist of...
- § 106-202.18 Powers and duties of the Scientific Committee
The Scientific Committee shall have all of the following powers and duties: (1) To gather and provide information and data and advise the Board with...
- § 106-202.19 Unlawful acts; penalties; enforcement
(a) Unless the conduct is covered under some other provision of law providing greater punishment, it is unlawful: (1) To uproot, dig, take or otherwise...
- § 106-202.20 Forfeiture of illegally possessed plants; disposition of plants
Upon conviction of any defendant for a violation of G.S. 106‑202.19, the court, in its discretion, may order the defendant to forfeit any plant or...
- § 106-202.21 Ginseng dealer permits
(a) No person shall act in the capacity of a ginseng dealer, or shall engage, or offer to engage in the business of, advertise as,...
- § 106-202.22 Denial, suspension, or revocation of permit
(a) The Board may deny, suspend, revoke, or modify any permit issued under this Article if it finds that the applicant or permit holder has...
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.
- § 106-246 Cleanliness and sanitation required; washrooms and toilets, living and sleeping rooms; animals
For the protection of the health of the people of the State, all places where ice cream, milk shakes, milk sherbet, sherbet, water ices and...
- § 106-247 Cleaning and sterilization of vessels and utensils
Suitable means or appliances shall be provided for the proper cleaning or sterilizing of freezers, vats, mixing cans or tanks, conveyors, and all utensils, tools...
- § 106-248 Purity of products
All cream, ice cream, butter, cheese or other product produced in places named herein shall be pure, wholesome and not deleterious to health, and shall...
- § 106-249 Receivers of products to clean utensils before return
Every person, company, or corporation who shall receive milk, cream, or ice cream which is delivered in cans, bottles, or other receptacles, shall thoroughly clean...
- § 106-250 Correct tests of butterfat; tests by Board of Agriculture
Creameries and factories that purchase milk and cream from producers of same on a butterfat basis, and pay for same on their own test, shall...
- § 106-251 Department of Agriculture and Consumer Services to enforce law; examinations
It shall be the duty of the Department of Agriculture and Consumer Services to enforce this Article, and the Board of Agriculture shall cause to...
- § 106-252 Closure of plants for violation of Article; certificate to district attorney of district
If it shall appear from the examinations that any provision of this Article has been violated, the Commissioner of Agriculture shall have authority to order...
- § 106-253 Standards of purity and sanitation; regulating trade or brand names of frozen or semifrozen desserts
The Board of Agriculture is authorized to make such definitions and to establish such standards of purity for products and sanitation for plants or places...
- § 106-254 Inspection fees; wholesalers; retailers and cheese factories
For the purpose of defraying the expenses incurred in the enforcement of this Article, the owner, proprietor or operator of each ice cream factory where...
- § 106-255 Violation of Article a misdemeanor; punishment
Any person, firm, or corporation who shall violate any of the provisions of this Article shall be guilty of a Class 3 misdemeanor, and upon...
Article 27 - Records of Purchases of Milk Products.
Article 28 - Records and Reports of Milk Distributors and Processors.
- § 106-260 "Milk" defined
Wherever the word "milk" appears hereinafter in this Article, it shall be construed to include all whole milk, cream, chocolate milk, buttermilk, skim milk, special...
- § 106-261 Reports to Commissioner of Agriculture as to milk purchased and sold
Every person, firm or corporation that purchases milk for processing or distribution or sale, or that purchases milk for processing and distribution and sale, in...
- § 106-262 Powers of Commissioner of Agriculture
The Commissioner of Agriculture is hereby authorized and empowered: (1) To require such reports as will enable him to determine the quantities of milk purchased...
- § 106-263 Distribution of milk in classification higher than that in which purchased
It shall be unlawful for any operator of a milk processing plant or any milk distributor, required to make reports under this Article, or their...
- § 106-264 Inspections and investigations by Commissioner
For the purpose of administering this Article the Commissioner of Agriculture or his agent is hereby authorized to enter at all reasonable hours all places...
- § 106-265 Failure to file reports, etc., made unlawful
It shall be unlawful for any person, firm or corporation engaged in the business herein regulated to fail to furnish the information and file the...
- § 106-266 Violation made misdemeanor
Any person, firm, or corporation violating any of the provisions of this Article and/or any rule, regulation or order promulgated in accordance with the provisions...
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.
- § 106-267 Inspection, grading and testing dairy products; authority of State Board of Agriculture
The State Board of Agriculture shall have full power to make and promulgate rules and regulations for the Department of Agriculture and Consumer Services in...
- § 106-267.1 License required; fee; term of license; examination required
Every person who shall test milk or cream in this State by, or sample milk for, the Babcock method or otherwise for the purpose of...
- § 106-267.2 Rules and regulations
The Commissioner of Agriculture shall establish and promulgate rules and regulations not inconsistent with this Article that shall govern the granting of licenses under this...
- § 106-267.3 Revocation of license; hearing
The Commissioner of Agriculture shall have power to revoke any license granted under the provisions of this Article, upon good and sufficient evidence that the...
- § 106-267.4 Representative average sample; misdemeanor, what deemed
In taking samples of milk or cream from any milk can, cream can or any container of milk or cream, the contents of such milk...
- § 106-267.5 Standard Babcock testing glassware; scales and weights
In the use of the Babcock test all persons shall use the "standard Babcock testing glassware, scales, and weights." The term "standard Babcock testing glassware,...
- § 106-268 Definitions; enforcement of Article
(a) The definitions set forth in this section shall apply to milk, dairy products, ice cream, frozen desserts, frozen confections or any other products which...
- § 106-268.1 Penalties
Any person, firm or corporation violating any of the provisions of this Article, or any of the rules, regulations or standards promulgated hereunder, shall be...
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.
- § 106-284.14 Title
This Article shall be known as the "Vegetable Plant Law." (1959, c. 91, s. 1.)
- § 106-284.15 Purpose of Article
The purpose of this Article is to improve vegetable production in North Carolina and to enable vegetable producers to secure vegetable plants for transplanting that...
- § 106-284.16 Definitions
For the purpose of this Article, the following terms shall be construed respectively to mean: (1) "Certified vegetable plants for transplanting" shall mean plants which...
- § 106-284.17 Unlawful to sell plants not up to standard and not appropriately tagged or labeled
It shall be unlawful for any person, firm, or corporation to pack for sale, offer or expose for sale, or ship into this State any...
- § 106-284.18 Rules and regulations
The State Board of Agriculture is hereby authorized to adopt reasonable rules and regulations to carry out the intent, purposes and provisions of this Article....
- § 106-284.19 Inspection; interference with inspectors; "stop-sale" notice
To enforce the provisions of this Article effectively, the Commissioner of Agriculture and his duly authorized agents are authorized to inspect vegetable plants, and may...
- § 106-284.20 Interference with Commissioner, etc., or other violation a misdemeanor; penalties
If anyone shall interfere with or attempt to interfere with the Commissioner or any of his agents, while engaged in the performance of his duties...
- § 106-284.21 Authority to permit sale of substandard plants
Notwithstanding any other provision of this Article, the Commissioner of Agriculture is authorized when the public necessity, welfare, economy, or any emergency situation requires it,...
- § 106-284.22 When Article not applicable
The provisions of this Article shall not apply: (1) To the sale by a grower or retail merchant of vegetable plants grown within this State...
- § 106-284.23 Not set out
- § 106-284.24 through 106-284.29 Reserved for future codification purposes
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.
- § 106-304 Proclamation of livestock and poultry quarantine
Upon the recommendation of the Commissioner of Agriculture, it shall be lawful for the Governor to issue his proclamation forbidding the importation into this State...
- § 106-305 Proclamation of infected feedstuff quarantine
Upon the recommendation of the Commissioner of Agriculture, it shall be lawful for the Governor to issue his proclamation forbidding the importation into this State...
- § 106-306 Rules to enforce quarantine
Upon such proclamation being made, the Commissioner of Agriculture shall have power to make rules and regulations to make effective the proclamation and to stamp...
- § 106-307 Violation of proclamation or rules
Any person, firm, or corporation violating the terms of the proclamation of the Governor, or any rule or regulation made by the Commissioner of Agriculture...
- § 106-307.1 Serums, vaccines, etc., for control of animal diseases
The North Carolina Department of Agriculture and Consumer Services is authorized and empowered to purchase for resale serums, viruses, vaccines, biologics, and other products for...
- § 106-307.2 Reports of infectious disease in livestock and poultry to State Veterinarian
(a) All persons practicing veterinary medicine in North Carolina shall report promptly to the State Veterinarian the existence of any reportable contagious or infectious disease...
- § 106-307.3 Quarantine of infected or inoculated livestock
Hog cholera and other contagious and infectious diseases of livestock are hereby declared to be a menace to the livestock industry and all livestock infected...
- § 106-307.4 Quarantine of inoculated poultry
All poultry that are inoculated with a product containing a living virus or other organism capable of causing disease shall be quarantined at the time...
- § 106-307.5 Livestock and poultry brought into State
All livestock and poultry transported or otherwise brought into this State shall be in compliance with regulations promulgated by the State Board of Agriculture. (1943,...
- § 106-307.6 Violation made misdemeanor
Any person, firm or corporation who shall violate any provisions set forth in G.S. 106‑307.1 to 106‑307.5 or any rule or regulation duly established by...
- § 106-307.7 Diseased livestock running at large
Whenever the State Veterinarian is informed or reasonably believes that certain livestock is infected with or has been exposed to any contagious or infectious disease,...
- § 106-308 Appropriation to combat animal and fowl diseases
If the foot and mouth disease, rinderpest (cattle plague), fowl pest, or Newcastle disease (Asiatic or European types), or any other type of foreign infectious...
- § 106-309 Disposition of surplus funds
If said disease shall have appeared and shall have been eradicated and work is no longer necessary in connection with it, the State Treasurer shall...
- § 106-310 Burial of hogs dying natural death required
It shall be the duty of every person, firm, or corporation who shall lose a hog by any form of natural death to have the...
- § 106-311 Hogs affected with cholera to be segregated and confined
If any person having swine affected with the disease known as hog cholera, or any other infectious or contagious disease, who discovers the same, or...
- § 106-312 Shipping hogs from cholera-infected territory
It shall be unlawful for any person, firm or corporation in any district or territory infected by cholera to bring, carry, or ship hogs into...
- § 106-313 Price of serum to be fixed
The Department of Agriculture and Consumer Services shall fix the price of anti‑hog‑cholera serum at such an amount as will cover the cost of production....
- § 106-314 Manufacture and use of serum and virus restricted
It shall be unlawful for any person, firm, or corporation to distribute, sell, or use in the State anti‑hog‑cholera serum unless said anti‑hog‑cholera serum is...
- § 106-315 Written permit from State Veterinarian for sale, use or distribution of hog-cholera virus, etc
No hog‑cholera virus or other product containing live virus or organisms of animal diseases shall be distributed, sold, or used within the State unless permission...
- § 106-316 Counties authorized to purchase and supply serum
If the county commissioners of any county in the State deem it necessary to use anti‑hog‑cholera serum to control or eradicate the disease known as...
- § 106-316.1 Purpose of §§ 106-316.1 to 106-316.5
It is the purpose and intent of G.S. 106‑316.1 to 106‑316.5 to safeguard the swine industry in North Carolina through a program designed to prevent...
- § 106-316.2 Use of virulent hog-cholera virus prohibited without permit; virulent hog-cholera virus defined; use of modified live virus vaccines
Notwithstanding any other provision of the law, either general, public‑local, special or private, and except as herein provided, the possession, sale and use of virulent...
- § 106-316.3 Unlawful to import hogs inoculated with virulent virus; exceptions for immediate slaughter; health certificate and permit required
It shall be unlawful to bring hogs into North Carolina that have been inoculated with virulent hog‑cholera virus less than 30 days prior to the...
- § 106-316.4 Penalties for violation of §§ 106-316.1 to 106-316.5
Any person, firm or corporation violating the provisions of G.S. 106‑316.1 to 106‑316.5 shall be guilty of a Class 1 misdemeanor. (1955, c. 824, s....
- § 106-316.5 Repealed by Session Laws 1963, c. 1084, s. 2
- § 106-317 Regulation of the transportation or importation of hogs and other livestock into State
To prevent the spread of hog cholera, vesicular exanthema, vesicular stomatitis, foot‑and‑mouth disease, or any other contagious, infectious and communicable swine disease in North Carolina,...
- § 106-318 Issuance of health certificates for swine and livestock; inspection
Such health certificates that may be required under the rules and regulations by the Board of Agriculture or the emergency rules and regulations of the...
- § 106-319 Burial of hogs and other livestock dying in transit
It shall be the duty of any owner or agent having in charge any swine or other livestock imported or transported into this State who...
- § 106-320 Repealed by Session Laws 1963, c. 1084, s. 2
- § 106-321 Penalties for violation
Any person, firm or corporation who shall violate any provision set forth in this Article or any rule or regulation duly established by the State...
- § 106-322 Effect of §§ 106-317 to 106-322
Sections 106‑317 to 106‑322 shall not repeal Article 34, Chapter 106, but shall be complementary thereto. (1941, c. 373, s. 6.)
- § 106-322.1 State-federal hog-cholera cooperative agreements; establishment of hog-cholera eradication areas
The Commissioner of Agriculture is authorized to enter into cooperative State‑federal agreements with the United States Department of Agriculture for the purpose of State‑federal programs...
- § 106-322.2 Destruction of swine affected with or exposed to hog cholera; indemnity payments
If it appears in the judgment of the State Veterinarian to be necessary for the control and eradication of hog cholera to destroy or slaughter...
- § 106-322.3 When indemnity payments not to be made
No payments shall be made for any swine slaughtered in the following cases: (1) If the owner does not clean up and disinfect premises as...
- § 106-323 State to pay part of value of animals killed on account of disease; purchase by State of animals exposed to certain diseases
If it appears to be necessary for the control or eradication of Bang's disease and tuberculosis and paratuberculosis in cattle, or glanders in horses and...
- § 106-324 Appraisal of cattle affected with Bang's disease and tuberculosis
Cattle affected with Bang's disease and tuberculosis and paratuberculosis shall be appraised by three men one to be chosen by the owner, one by the...
- § 106-325 Appraisal of animals affected with glanders; report
Animals affected with glanders shall be appraised by three men one to be chosen by the owner, one to be chosen by the State Veterinarian,...
- § 106-326 Report of appraisal of cattle affected with Bang's disease and tuberculosis to State Veterinarian; contents
Appraisals of cattle affected with Bang's disease or tuberculosis shall be reported on forms furnished by the State Veterinarian, which shall show the number of...
- § 106-327 Marketing of cattle affected with Bang's disease and tuberculosis
Each owner of cattle affected with Bang's disease or tuberculosis, which have been appraised, and which have been authorized by the State Veterinarian to be...
- § 106-328 Report on salvage
When the appraised cattle have been slaughtered and the amount of salvage ascertained, a report, on forms furnished by the State Veterinarian, in triplicate shall...
- § 106-329 Compensation when killing ordered
Compensation for animals destroyed on account of glanders will only be paid when such destruction is ordered by the State Veterinarian or his authorized representative....
- § 106-330 Ownership of destroyed animals; outstanding liens
When animals have been destroyed pursuant to this Article the inspector shall take reasonable precautions to determine, prior to his approval of vouchers in which...
- § 106-331 State not to pay for feed of animals ordered killed
Expense for the care and feeding of animals held for slaughter shall not be paid by the State. (1919, c. 62, s. 9; C.S., s.
- § 106-332 Disinfection of stockyards by owners
Stockyards, pens, cars, vessels and other premises and conveyances will be disinfected whenever necessary for the control and eradication of disease by the owners at...
- § 106-333 Payments made only on certain conditions
No payments shall be made for any animal slaughtered in the following cases: (1) If the owner does not disinfect premises, etc., as directed by...
- § 106-334 Owner's claim for indemnity supported by reports
The owner must present his claim for indemnity to the State Veterinarian for approval, and the claim shall be supported with the original report of...
- § 106-335 State Veterinarian to carry out provisions of Article; how moneys paid out
The State Veterinarian is authorized, himself or by his representative, to do all things specified in this Article. All moneys authorized to be paid shall...
- § 106-336 Animals reacting to tuberculin test
All animals reacting to a tuberculin test applied by a qualified veterinarian shall be known as reactors and be forever considered as affected with tuberculosis....
- § 106-337 Animals to be branded
All veterinarians who, either by clinical examination or by tuberculin test, find an animal affected with tuberculosis, shall, unless the animal is immediately slaughtered, properly...
- § 106-338 Quarantine; removal or sale; sale and use of milk
The owner or owners of an animal affected with tuberculosis shall keep said animal isolated and quarantined in such a manner as to prevent the...
- § 106-339 Seller liable in civil action
Any person or persons who sell or otherwise dispose of to another an animal affected with tuberculosis shall be liable in a civil action to...
- § 106-340 Responsibility of owner of premises where sale is made
When cattle are sold or otherwise disposed of in this State by a nonresident of this State, the person or persons on whose premises the...
- § 106-341 Sale of tuberculin
No person, firm, or corporation shall sell or distribute or administer tuberculin, or keep the same on hand for sale, distribution, or administration, except qualified...
- § 106-342 Notice to owner of suspected animals; quarantine
When the State Veterinarian receives information, or has reason to believe, that tuberculosis exists in any animal or animals, he shall promptly notify the owner...
- § 106-343 Appropriations by counties; elections
The several boards of county commissioners in the State are hereby expressly authorized and empowered to make such appropriations from the general funds of their...
- § 106-344 Petition for election if commissioners refuse cooperation; order; effect
If the board of commissioners of any county should exercise their discretion and refuse to cooperate as set out in G.S. 106‑343, then if a...
- § 106-345 Importation of cattle
Whenever a county board shall cooperate with the State and federal governments, whether with or without an election, no cattle except for immediate slaughter shall...
- § 106-346 Amount of appropriation
When cooperative tuberculosis eradication shall be taken up in any county as provided for in G.S. 106‑336 to 106‑350, the county commissioners of such counties...
- § 106-347 Qualified veterinarian
The words "qualified veterinarian" which appear in G.S. 106‑336 to 106‑350 shall be construed to mean a veterinarian approved by the State Veterinarian and the...
- § 106-348 Rules and regulations
The Commissioner of Agriculture, by and with the consent of the State Board of Agriculture, shall have full power to promulgate and enforce such rules...
- § 106-349 Violation of law a misdemeanor
Any person or persons who shall violate any provision set forth in G.S. 106‑336 to 106‑350, or any rule or regulation duly established by the...
- § 106-350 Sale of tubercular animal a felony
Any person or persons who shall willfully and knowingly sell or otherwise dispose of any animal or animals known to be affected with tuberculosis without...
- § 106-351 Systematic dipping of cattle or horses
Systematic dipping of all cattle or horses infested with or exposed to the cattle tick (Margaropus annulatus) shall be taken up in all counties or...
- § 106-352 Counties not embraced in quarantine zones
If it shall be determined by the State Veterinarian or an authorized quarantine inspector, that any county or counties shall be partially or completely infested...
- § 106-353 Dipping vats; counties to provide; cost
The county commissioners of the aforesaid counties shall provide such numbers of dipping vats as may be fixed by the State Veterinarian or his authorized...
- § 106-354 Local State inspectors; commissioned as quarantine inspectors; salaries, etc
The State Veterinarian shall appoint the necessary number of local State inspectors to assist in systematic tick eradication, who shall be commissioned by the Commissioner...
- § 106-355 Enforcement of compliance with law
If the county commissioners shall fail, refuse or neglect to comply with the provisions of G.S. 106‑351 to 106‑363, the State Veterinarian shall apply to...
- § 106-356 Owners of stock to have same dipped; supervision of dipping; dipping period
Any person or persons, firms or corporations, owning or having in charge any cattle, horses or mules in any county where tick eradication shall be...
- § 106-357 Service of notice
Quarantine and dipping notice for cattle, horses and mules, the owner or owners of which cannot be found, shall be served by posting copy of...
- § 106-358 Cattle placed in quarantine; dipping at expense of owner
Cattle, horses or mules infested with or exposed to the cattle tick (Margaropus annulatus) the owner or owners of which, after five days' written notice...
- § 106-359 Expense of dipping as lien on animals; enforcement of lien
Any expense incurred in the enforcement of G.S. 106‑358 and the cost of feeding and caring for animals while undergoing the process of tick eradication...
- § 106-360 Duty of sheriff
It shall be the duty of the sheriff, in any county in which the work of tick eradication is in progress, to render all quarantine...
- § 106-361 Rules and regulations
The Commissioner of Agriculture, by and with the consent of the State Board of Agriculture, shall have full power to promulgate and enforce such rules...
- § 106-362 Penalty for violation
Any person, firm or corporation who shall violate any provisions set forth in G.S. 106‑351 to 106‑363 or any rule or regulation duly established by...
- § 106-363 Damaging dipping vats a felony
Any person or persons who shall willfully damage or destroy by any means any vat erected, or in the process of being erected, as provided...
- § 106-364 through 106-387 Repealed by Session Laws 1983, c. 891, s. 8
- § 106-388 Animals affected with, or exposed to, brucellosis declared subject to quarantine, etc
It is hereby declared that the disease of animals known as brucellosis, or Bang's disease, is of an infectious and contagious nature, and animals affected...
- § 106-389 Brucellosis defined; program for vaccination; sale, etc., of vaccine; cooperation with the United States Department of Agriculture
"Brucellosis" shall mean the disease wherein an animal is infected with Brucella organisms (including Brucella Abortus, B. Melitensis and B. Suis), irrespective of the occurrence...
- § 106-390 Blood sample testing; diseased animals to be branded and quarantined; sale; removal of identification, etc
All blood samples for the brucellosis test shall be drawn by persons whose qualifications are set by regulation of the Board of Agriculture. Animals from...
- § 106-391 Civil liability of vendors
Any person or persons who knowingly sells, or otherwise disposes of, to another, an animal affected with brucellosis shall be liable in a civil action...
- § 106-392 Sales by nonresidents
When cattle are sold, or otherwise disposed of, in this State, by a nonresident of this State, the person or persons on whose premises the...
- § 106-393 Duties of State Veterinarian; quarantine of animals; required testing
When the State Veterinarian receives information, or has reasonable grounds to believe, that brucellosis exists in any animal, or animals, or that it has been...
- § 106-394 Cooperation of county boards of commissioners
The several boards of county commissioners in the State are hereby expressly authorized and empowered within their discretion to make such appropriations from the general...
- § 106-395 Compulsory testing
Whenever a county board of commissioners shall cooperate with the State and the United States governments, as provided for in G.S. 106‑388 to 106‑398, the...
- § 106-396 Authority to promulgate and enforce rules and regulations
The Commissioner of Agriculture, by and with the consent of the State Board of Agriculture, shall have full power to promulgate and enforce such rules...
- § 106-397 Violation made misdemeanor
Any person or persons who shall violate any provision set forth in G.S. 106‑388 to 106‑398, or any rule or regulation duly established pursuant to...
- § 106-398 Punishment for sale of animals known to be infected, or under quarantine
Any person or persons who shall willfully and knowingly sell or otherwise dispose of any animal or animals known to be affected with brucellosis, or...
- § 106-399 Repealed by Session Laws 1967, c. 511
- § 106-399.1 through 106-399.3 Reserved for future codification purposes
- § 106-399.4 (Expires October 1, 2009) Imminent threat of contagious animal disease; emergency measures and procedures
(a) When determined by the State Veterinarian, in consultation with the Commissioner of Agriculture and with the approval of the Governor, that there is an...
- § 106-399.5 (Expires October 1, 2009) Warrantless inspections
When determined by the State Veterinarian, in consultation with the Commissioner of Agriculture and with the approval of the Governor, that there is an imminent...
- § 106-400 (Effective until October 1, 2009) Sale or transportation of animals affected with disease prohibited
No person or persons shall sell, trade, offer for sale or trade, or transport by truck or other conveyance on any public road or other...
- § 106-400.1 (Effective until October 1, 2009) Swine disease testing
In order to control or prevent the spread of swine diseases, the Board of Agriculture may adopt rules authorizing the State Veterinarian or his representative...
- § 106-401 (Effective until October 1, 2009) State Veterinarian authorized to quarantine
(a) The State Veterinarian or his authorized representative is authorized to go upon or enter any property in the State, or to stop any motor...
- § 106-401.1 (Effective until October 1, 2009) Inspection and quarantine of poultry
The State Veterinarian, or his authorized representative, is hereby authorized to go upon or enter any property in the State, or to stop any motor...
- § 106-402 (Effective until October 1, 2009) Confinement and isolation of diseased animals required
Any animal, animals or poultry affected with or exposed to a contagious or infectious disease shall be confined by the owner or person in charge...
- § 106-402.1 (Expires October 1, 2009) Movement of animals prohibited; destruction of animals to control animal disease authorized
(a) When determined by the State Veterinarian, in consultation with the Commissioner of Agriculture and with the approval of the Governor, that there is an...
- § 106-403 (Effective until October 1, 2009) Disposition of dead domesticated animals
It shall be the duty of the owner or person in charge of any of his domesticated animals that die from any cause and the...
- § 106-404 (Effective until October 1, 2009) Animals affected with glanders to be killed
If the owner of any animal having the glanders or farcy shall omit or refuse, upon discovery or knowledge of its condition, to deprive the...
- § 106-405 (Effective until October 1, 2009) Prohibited acts; penalties
(a) Any person or persons who shall knowingly and willfully violate any provision of G.S. 106‑400 to 106‑403 shall be guilty of a Class 2...
- § 106-405.1 Definitions
For the purpose of this Part, the following words shall have the meanings ascribed to them in this section: (1) "Garbage" means consisting in whole...
- § 106-405.2 Permit for feeding garbage to swine
(a) No person shall feed garbage to swine without first securing a permit therefor from the North Carolina Commissioner of Agriculture or his authorized agent....
- § 106-405.3 Application for permit
(a) Any person desiring to obtain a permit to feed garbage to swine shall make written application therefor to the North Carolina Commissioner of Agriculture...
- § 106-405.4 Revocation of permits
Upon determination that any person, having a permit issued under this Part or one who has applied for a permit hereunder, has violated or failed...
- § 106-405.5 Sanitation
Premises on which garbage feeding is permitted under this Part must be equipped with feeding platforms constructed of concrete, wood or other impervious material, or...
- § 106-405.6 Cooking or other treatment
All garbage, regardless of previous processing, shall, before being fed to swine, be thoroughly heated to at least 212 degrees F. for at least 30...
- § 106-405.7 Inspection and investigation; maintenance of records
(a) Any authorized representative of the North Carolina Commissioner of Agriculture shall have the power to enter at reasonable times upon any private or public...
- § 106-405.8 Enforcement of Part; rules and regulations
The North Carolina Commissioner of Agriculture is hereby charged with the administration and enforcement of the provisions of this Part. The North Carolina Commissioner of...
- § 106-405.9 Penalties
Any person, firm or corporation who shall knowingly violate any provisions set forth in this Part or any rule or regulation duly established by the...
- § 106-405.10 through 106-405.14 Reserved for future codification purposes
- § 106-405.15 "Equine infectious anemia" defined
Equine infectious anemia shall mean the disease wherein an animal is infected with the virus of equine infectious anemia, irrespective of the occurrence or absence...
- § 106-405.16 Animals infected with or exposed to equine infectious anemia declared subject to quarantine
It is hereby declared that the disease of horses, ponies, mules and asses (and other equine animals) known as equine infectious anemia is of an...
- § 106-405.17 Authority to promulgate and enforce rules and regulations
The State Board of Agriculture shall have full power to promulgate and enforce such rules and regulations as it deems necessary for the control and...
- § 106-405.18 Implementation of control and eradication program
The control and eradication of equine infectious anemia in North Carolina shall be conducted as far as available funds will permit, and in accordance with...
- § 106-405.19 Violation made misdemeanor
Any person who shall willfully move, direct the movement, or allow to be moved, from the premises where quartered any animal or animals known to...
- § 106-405.20 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 35 - Public Livestock Markets.
- § 106-406 Permits from Commissioner of Agriculture for operation of public livestock markets; application therefor; hearing on application
Any person, firm or corporation desiring to operate a public livestock market within the State of North Carolina shall be required to file an application...
- § 106-407 Bonds required of operators; exemption of certain market operations
The Commissioner of Agriculture shall require the owner of each public livestock market issued a permit under the provisions of G.S. 106‑406 to furnish a...
- § 106-407.1 North Carolina Public Livestock Market Advisory Board created; appointment; membership; duties
There is hereby created the North Carolina Public Livestock Market Advisory Board composed of eight persons, all of whom shall be residents of North Carolina,...
- § 106-407.2 Revocation of permit by Board of Agriculture; restraining order for violations
The Board of Agriculture may revoke a permit authorizing the operation of a public livestock market for a violation of this Article or a rule...
- § 106-408 Marketing facilities prescribed; records of purchases and sales; time of sales; notice
All public livestock markets operating under this Article shall have proper facilities for handling livestock and such other equipment as specified by regulation of the...
- § 106-408.1 Market operation fees
A fee of twenty‑five dollars ($25.00) shall be paid by the market operator to the North Carolina Department of Agriculture and Consumer Services for each...
- § 106-409 Removal of cattle from market for slaughter and nonslaughter purposes; identification; permit needed
No cattle except those for immediate slaughter, shall be removed from any public livestock market except in accordance with this Article and regulations adopted by...
- § 106-410 Removal of swine from market for slaughter and nonslaughter purposes; identification; permit needed; resale for feeding or breeding; out-of-state shipment
No swine, except those for immediate slaughter, shall be removed from any public livestock market except in accordance with regulations adopted by the North Carolina...
- § 106-411 Regulation of use of livestock removed from market; swine shipped out of State
Any person or persons who shall remove, or whose agent or employee at the direction of the employer, shall remove from a public livestock market...
- § 106-412 Admission of animals to markets; quarantine of diseased animals; sale restricted; regulation of trucks, etc
No animal known to be affected with or having visible symptoms of a contagious or infectious disease shall be received or admitted into any public...
- § 106-413 Sale, etc., of certain diseased animals restricted; application of Article; sales by farmers
No person or persons shall sell or offer for sale, trade or otherwise dispose of any animal or animals that are affected with a contagious...
- § 106-414 Transportation, sale, etc., of diseased livestock; burden of proving health; movement to laboratory; removal of identification
No cattle, swine, or other livestock with visible symptoms of a contagious or infectious disease shall be transported or otherwise moved on any public highway...
- § 106-415 Cost of tests, serums, etc
The cost of all tests, serums, vaccines and other medical supplies necessary for the enforcement of this Article and the protection of livestock against contagious...
- § 106-416 Rules and regulations
The Commissioner of Agriculture, by and with the consent of the State Board of Agriculture, shall have full power to promulgate and enforce such rules...
- § 106-417 Violation made misdemeanor; responsibility for health, etc., of animals
Any person, firm, or corporation who shall knowingly violate any provisions set forth in this Article or any rule or regulation duly established by the...
- § 106-417.1 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...
- § 106-418 Exemption from health provisions
The health provisions of this Article shall not apply to "no‑sale" cattle offered for sale at a public livestock market by a bona fide farmer...
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.
- § 106-419 Plant pest defined
A plant pest is hereby defined to mean any insect, mite, nematode, other invertebrate animal, disease, noxious weed, plant or animal parasite in any stage...
- § 106-419.1 Plants, plant products and other objects exposed to plant pests
Any plant, plant product, object or article which has been, or which the Commissioner of Agriculture or his agents have reasonable grounds to believe has...
- § 106-420 Authority of Board of Agriculture to adopt regulations
The Board of Agriculture is hereby authorized to adopt reasonable regulations to implement and carry out the purposes of this Article as to eradicate, repress...
- § 106-420.1 Agreements against plant pests
The North Carolina Board of Agriculture is authorized to enter into agreements with any agency of the United States or any agency of another state...
- § 106-421 Permitting uncontrolled existence of plant pests; nuisance; method of abatement
No person shall knowingly and willfully keep upon his premises any plant or plant product infested or infected by any dangerous plant pest, or permit...
- § 106-422 Agents of Board; inspection
The Commissioner of Agriculture shall be the agent of the Board in enforcing these regulations, and shall have authority to designate such employees of the...
- § 106-423 Nursery inspection; nursery dealer's certificate; narcissus inspection
The Board of Agriculture shall have the authority to define nursery stock. The Commissioner of Agriculture shall have the right to cause all plant nurseries,...
- § 106-423.1 Criminal penalties; violation of laws or regulations
If anyone shall attempt to prevent inspection of his premises as provided in the preceding sections, or shall otherwise interfere with the Commissioner of Agriculture,...
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.
- § 106-456 through 106-460 Repealed by Session Laws 1999-44, s.4
- § 106-461 Nested, shingled or overhung tobacco
It shall be unlawful for any person, firm or corporation to sell or offer to sale, upon any leaf tobacco warehouse floor, any pile or...
- § 106-462 Sale under name other than that of true owner prohibited
It shall be unlawful for any person, firm or corporation to sell or offer for sale or cause to be sold, or offered for sale,...
- § 106-463 Allowance for weight of baskets and trucks
It shall be unlawful for any person, firm or corporation in weighing tobacco for sale to permit or allow the basket and truck upon which...
- § 106-464 Violation made misdemeanor
Any person, firm or corporation violating the provisions of G.S. 106‑461 to 106‑463 shall be guilty of a Class 3 misdemeanor. (1933, c. 467, s....
- § 106-465 Organization and membership of tobacco boards of trade; rules and regulations; fire insurance and extended coverage required; price fixing prohibited
Tobacco warehousemen and the purchasers of leaf tobacco, at auction, on warehouse floors, are hereby authorized to organize, either as nonstock corporations, or voluntary associations,...
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.
- § 106-528 State policy and purpose of Article
It is declared to be the policy of the State of North Carolina and the purpose of this Article to promote, encourage and develop the...
- § 106-529 State Marketing Authority created; members and officers; commodity advisers; meetings and expenses
To secure these aims, there is hereby created an incorporated public agency of the State, to be known as the State Marketing Authority, hereinafter referred...
- § 106-530 Powers of Authority
The Authority shall have the following powers: (1) To sue and be sued in its corporate name in any court or before any administrative agency...
- § 106-531 Discrimination prohibited; restriction on use of funds
The Authority shall not permit: (1) Any discrimination against the sale, on any of the markets under their control, of any farm product because of...
- § 106-532 Fiscal year; annual report to Governor
The Authority shall operate on a fiscal year, which shall be from July first to June thirtieth. The Commissioner of Agriculture shall file an annual...
- § 106-533 Application of revenues from operation of warehouses
All rentals and charges, fees, tolls, storage and sales commissions and revenues of any sort from operation of each warehouse shall be applied to the...
- § 106-534 Exemption from taxes and assessments
The Authority shall be regarded as performing an essential governmental function in constructing, operating or maintaining these markets, and shall be required to pay no...
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.
- § 106-549.29 North Carolina Department of Agriculture and Consumer Services responsible for cooperation
(a) The North Carolina Department of Agriculture and Consumer Services is hereby designated as the State agency which shall be responsible for cooperating with the...
- § 106-549.29:1 Repealed by Session Laws 1969, c. 893, s. 26
- § 106-549.30 Refusal of Commissioner to inspect and certify meat
The Commissioner may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this and the previous Article) refuse to provide,...
- § 106-549.31 Enforcement against uninspected meat
Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines, or any product...
- § 106-549.32 Enforcement against condemned meat; appeal
(a) Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead,...
- § 106-549.33 Jurisdiction of superior court
The superior court is vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this and the previous Article, and shall have...
- § 106-549.34 Interference with inspector
Any person who willfully assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his...
- § 106-549.35 Punishment for violation
(a) Any person, firm, or corporation who violates any provision of this or the previous Article or any regulation of the Board for which no...
- § 106-549.36 Gathering information; reports required; use of subpoena
(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,...
- § 106-549.37 Jurisdiction coterminous with federal law
The requirements of this Article shall apply to persons, firms, corporation establishments, animals, and articles regulated under the Federal Meat Inspection Act only to the...
- § 106-549.38 Rules and regulations of State Department of Agriculture and Consumer Services
All rules and regulations of the Department of Agriculture and Consumer Services not inconsistent with the provisions of this Article shall remain in full force...
- § 106-549.39 Hours of inspection; overtime work; fees
(a) Overtime Fees. The Commissioner is not required to furnish meat inspection services during the following times unless the establishment under inspection pays the Department...
- § 106-549.40 through 106-549.48 Repealed by Session Laws 1969, c. 893, s. 26
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.
- § 106-550 Policy as to promotion of use of, and markets for, farm products
It is declared to be in the interest of the public welfare that the North Carolina farmers who are producers of livestock, poultry, field crops...
- § 106-551 Federal Agricultural Marketing Act
The passage by the Seventy‑Ninth Congress of a law designated as Public Law 733, and more particularly Title II of that act, cited as "Agricultural...
- § 106-552 Associations, activity, etc., deemed not in restraint of trade
No association, meeting or activity undertaken in pursuance of the provisions of this Article and intended to benefit all of the producers, handlers and processors...
- § 106-553 Policy as to referenda, assessments, etc., for promoting use and sale of farm products
It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the State that farmers, producers and...
- § 106-554 Application to Board of Agriculture for authorization of referendum
Any existing commission, council, board or other agency fairly representative of the growers and producers of any agricultural commodity herein referred to, and any such...
- § 106-555 Action by Board on application
Upon the filing with the Board of Agriculture of such application on the part of any commission, council, board or other agency, the said Board...
- § 106-555.1 Official State board for federal assessment programs; no subsequent referenda required
For the purpose of any federal commodity assessment program, the producers' agency certified by the Board of Agriculture pursuant to G.S. 106‑555 shall be deemed...
- § 106-556 Conduct of referendum among growers and producers on question of assessments
Upon being so certified by the said Board of Agriculture in the manner hereinbefore set forth, such commission, council, board or other agency shall thereupon...
- § 106-557 Notice of referendum; statement of amount, basis and purpose of assessment; maximum assessment
With respect to any referendum conducted under the provisions of this Article, the duly certified commission, council, board or other agency shall, before calling and...
- § 106-557.1 Ballot by mail
(a) As an alternative method of conducting a referendum under the provisions of this Article, the certified agency in its discretion may conduct the referendum...
- § 106-558 Management of referendum; expenses
The arrangements for and management of any referendum conducted under the provisions of this Article shall be under the direction of the commission, council, board...
- § 106-559 Basis of referendum; eligibility for participation; question submitted; special provisions for North Carolina Cotton Promotion Association
Any referendum conducted under the provisions of this Article may be held either on an area or statewide basis, as may be determined by the...
- § 106-559.1 Basis of vote on milk product assessment
Notwithstanding any other provision of this Article, any milk product assessment referendum shall be conducted on the basis of one vote per base holder. (1981,...
- § 106-560 Effect of more than one-third vote against assessment
If in such referendum with respect to any agricultural commodity herein referred to more than one third of the farmers and producers in the area...
- § 106-561 Effect of two-thirds vote for assessment
If in such referendum called under the provisions of this Article two thirds or more of the farmers or producers in the area in which...
- § 106-562 Regulations as to referendum; notice to farm organizations and county agents
The hours, voting places, rules and regulations and the area within which such referendum herein authorized with respect to any of the agricultural commodities herein...
- § 106-563 Distribution of ballots; arrangements for holding referendum; declaration of results
The duly certified agency of the producers of any agricultural product among whom a referendum shall be conducted under the provisions of this Article shall...
- § 106-563.1 Supervision of referendum on milk product assessment
Notwithstanding any other provision of this Article, any milk product assessment referendum shall be conducted under the supervision of the County Extension Chairman in each...
- § 106-564 Collection of assessments; custody and use of funds
In the event two thirds or more of the farmers eligible for participation in such referendum and voting therein shall vote in favor of such...
- § 106-564.1 Alternate method for collection of assessments
As an alternate method for the collection of assessments provided for in G.S. 106‑564, and upon the request of the duly certified agency of the...
- § 106-564.2 Further alternative method for collection of assessments
As an alternate method for the collection of assessments provided for in G.S. 106‑564, the duly certified agency representing the producers of peaches, apples or...
- § 106-564.3 Alternative method for collection of assessments relating to cattle
As an alternative method for the collection of assessments provided for in Article 50 of Chapter 106 of the General Statutes, as amended, and as...
- § 106-564.4 Alternative method for collection of assessments relating to sweet potatoes
(a) In the event the producers of sweet potatoes approve an assessment pursuant to G.S. 106‑564, which assessment shall be paid by the producer based...
- § 106-565 Subsequent referendum
In the event such referendum so to be conducted as herein provided shall not be supported by two thirds or more of those eligible for...
- § 106-566 Referendum as to continuance of assessments approved at prior referendum
In the event the first such referendum or any subsequent referendum is carried by the votes of two thirds or more of the eligible farmers...
- § 106-567 Rights of farmers dissatisfied with assessments; time for demanding refund
In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to...
- § 106-567.1 Refund of milk product assessments
Notwithstanding any other provision of this Article, on and after January 1, 1982, a milk producer shall be entitled to receive a monthly refund of...
- § 106-568 Publication of financial statement by treasurer of agency; bond required
In the event of the levying and collection of assessments as herein provided, the treasurer of the agency conducting same shall within 30 days after...
Article 50A - Promotion of Agricultural Research and Dissemination of Findings.
- § 106-568.1 Policy as to joint action of farmers
It is declared to be in the public interest that North Carolina farmers producing agricultural products of all kinds, including cotton, tobacco, peanuts, soybeans, potatoes,...
- § 106-568.2 Policy as to referendum and assessment
It is declared to be in the public interest and highly advantageous to the economic development of the State that farmers, producers, and growers of...
- § 106-568.3 Action of Board of Agriculture on petition for referendum; creation of the Tobacco Research Commission
(a) The State Board of Agriculture, upon a petition being filed with it so requesting and signed by the governing boards of the North Carolina...
- § 106-568.4 By whom referendum to be managed; announcement
The governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the North Carolina Agricultural Foundation, Inc., shall arrange for...
- § 106-568.5 When assessment shall and shall not be levied
If in such referendum more than one third of the farmers and producers eligible to participate therein and voting therein shall vote in the negative...
- § 106-568.6 Determination and notice of date, area, hours, voting places, etc
The three organizations herein designated to hold such referendum shall fix the date, area, hours, voting places, rules and regulations with respect to the holding...
- § 106-568.7 Preparation and distribution of ballots; poll holders; canvass and announcement of results
The governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the North Carolina Agricultural Foundation, Inc., shall prepare and...
- § 106-568.8 Collection and disposition of assessment; report of receipts and disbursements; audit
(a) Fertilizer and feed assessments. In the event two‑thirds or more of the eligible farmers and producers participating in said referendum vote in favor of...
- § 106-568.9 Refunds to farmers
In the event such a referendum is carried in the affirmative and the assessment is levied and collected as herein provided and under the regulations...
- § 106-568.10 Subsequent referenda; continuation of assessment
If the assessment is defeated in the referendum, the governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the...
- § 106-568.11 Effect of more than one-third vote against assessment
If in such referendum called under the provisions of this Article more than one third of the farmers and producers in the State of North...
- § 106-568.12 Effect of two-thirds vote in favor of assessment
If in such referendum called under the provisions of this Article two thirds or more of the farmers or producers in the State of North...
Article 50B - North Carolina Agricultural Hall of Fame.
Article 50C - Promotion of Sale and Use of Tobacco.
- § 106-568.18 Policy as to joint action of farmers
It is hereby declared to be in the public interest that the farmers of North Carolina who produce flue‑cured tobacco be permitted and encouraged to...
- § 106-568.19 Policy as to referendum on question of annual assessment
For the purpose of raising reasonable and necessary funds for producer participation in the operations of the agency set up under farmer sponsorship for the...
- § 106-568.20 Referendum on assessment for next three years
During the year 1989 or 1990 upon the exact date in such year as may be determined in the manner hereinafter set forth and under...
- § 106-568.21 Effect of more than one-third vote against assessment in referendum
If in such referendum more than one‑third of the tobacco farmers eligible to participate therein and voting therein shall vote in the negative and against...
- § 106-568.22 Effect of two-thirds vote for assessment in referendum
If in such referendum two‑thirds or more of the eligible tobacco farmers voting therein shall vote in the affirmative and in favor of the levying...
- § 106-568.23 Regulations as to referendum; notice to farm organizations and county agents
The exact date, on which such referendum shall be held and the hours, voting places, and rules and regulations under which such referendum shall be...
- § 106-568.24 Distribution of ballots; arrangements for holding referendum; declaration of results
The said board of directors of Tobacco Associates, Incorporated, shall likewise prepare and distribute in advance of said referendum all necessary ballots for the purpose...
- § 106-568.25 Question at referendum
Said referendum shall be upon the question of whether or not the farmers eligible for participation therein and voting therein shall favor an assessment upon...
- § 106-568.26 Collection of assessments; custody and use of funds
In the event two‑thirds or more of the eligible farmers voting therein shall vote in favor of such assessment, then the said assessment shall be...
- § 106-568.27 Required affirmative vote of directors of Tobacco Associates, Incorporated
No assessment shall be made pursuant to this Article unless same shall receive the affirmative vote of not less than two‑thirds of the members of...
- § 106-568.28 Right of farmers dissatisfied with assessments; time for demanding refund
In the event any referendum authorized by this Article is carried in the affirmative by such two‑thirds vote and the assessment is levied and collected...
- § 106-568.29 Subsequent referendum after defeat of assessment
In the event any referendum conducted as provided for in this Article shall not be supported by two‑thirds or more of those voting therein, then...
- § 106-568.30 Referendum as to continuance of assessments approved at prior referendum
In the event any referendum, held at any time under the provisions of this Article, is carried by the vote of two‑thirds or more of...
- § 106-568.31 Filing and publication of financial statement by treasurer of Tobacco Associates, Incorporated
The treasurer of Tobacco Associates, Incorporated shall, within 60 days after the end of any fiscal year, file with the State Auditor a financial statement...
- § 106-568.32 Repealed by Session Laws 1987, c. 294. s. 11
- § 106-568.33 Effect of Article on prior acts
Insofar as the provisions of this Article are different from and in conflict with the provisions of Chapter 511, Session Laws of 1947 and Chapter...
- § 106-568.34 Alternate method for levy of assessment
At any time when it may be found by the Board of Directors of Tobacco Associates, that it is not reasonably feasible to base the...
- § 106-568.35 Alternate provision for referendum voting by mail
(a) At any time when it may be found that it is not desirable or reasonably possible to conduct a referendum by written ballots to...
- § 106-568.36 Maximum levy after 1988
The maximum amount which may be authorized in any referendum held pursuant to the provisions of this Article during 1989 or thereafter, and the maximum...
- § 106-568.37 Report on use of assessments
The Board of Directors of the Tobacco Associates, Incorporated shall make an annual written report of the financial transactions and a financial statement concerning the...
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.
- § 106-634 Declaration of policy
The General Assembly hereby declares that it is in the public interest to promote and protect the bee and honey industry in North Carolina and...
- § 106-635 Definitions
As used in this Article: (1) The term "apiary" means bees, comb, hives, appliances, or colonies, wherever they are kept, located, or found. (2) The...
- § 106-636 Powers and duties of Commissioner generally
The Commissioner shall promote the bee and honey industry in North Carolina. The Commissioner may perform services, cooperate in research activities, conduct investigations, publish information...
- § 106-637 Authority of Board to accept gifts, enter contracts, etc
The Board is authorized to accept gifts, grants, or donations from any source for the purpose of promoting and protecting the bee and honey industry....
- § 106-638 Authority of Board to adopt regulations, standards, etc
The Board may adopt regulations and set procedures for the purpose of carrying out the provisions of this Article. The Board may adopt minimum standards...
- § 106-639 Regulations for control and prevention of diseases and disorders
The Board may adopt regulations and procedures for the disposition of bees infected or infested with diseases or disorders, beekeeping equipment, and other regulated articles...
- § 106-639.1 Permit to sell bees
Prior to selling bees in North Carolina, a person shall obtain a permit from the Commissioner. Application for the permit shall be made on a...
- § 106-640 Authority of Commissioner to protect industry from diseases and disorders, etc
The Commissioner shall protect the bee and honey industry from diseases and disorders of the honeybee (Apis mellifera) and other insects in the superfamily (Apoidea)...
- § 106-641 Giving false information to Commissioner; hives; certificates, permits, etc
It is unlawful to knowingly give false information to the Commissioner concerning diseased bees or bees exposed to disease, their treatment, or disposition. The Commissioner...
- § 106-642 Emergency action by Commissioner
The Commissioner may take emergency action with respect to Board authority in the provisions of this Article if needed to protect the bee and honey...
- § 106-643 Designation of persons to administer Article; inspections, etc
The Commissioner shall have the authority to designate such employees of the Department or persons collaborating with the Department as may seem expedient to carry...
- § 106-644 Penalties
(a) If anyone shall attempt to prevent inspection as provided in this Article or shall otherwise interfere with the Commissioner of Agriculture, or any of...
- § 106-645 through 106-654 Reserved for future codification purposes
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...
