North Carolina General Statutes Chapter 106 Agriculture

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Article 1 - Department of Agriculture and Consumer Services.

N.C. Gen. Stat. § 106-1. Repealed by Session Laws 1995, c. 509, s. 52
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-3. Repealed by Session Laws 1995, c. 509, s. 54
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-5. Repealed by Session Laws 1997-74, s. 1
N.C. Gen. Stat. § 106-6. Repealed by Session Laws 1995, c. 509, s. 54
N.C. Gen. Stat. § 106-6.1. Fees
(a) A board or commission within the Department of Agriculture and Consumer Services may establish fees or charges for the services it provides. The Board...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-7 through 106-8. Repealed by Session Laws 1995, c. 509, s. 54
N.C. Gen. Stat. § 106-9. Repealed by Session Laws 1997-74, s. 2
N.C. Gen. Stat. § 106-9.1. Repealed by Session Laws 1995, c. 509, s. 54
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-12 through 106-13. Repealed by Session Laws 1997-74, ss. 3, 4
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-15 through 106-19. Repealed by Session Laws 1997-74, s. 5
N.C. Gen. Stat. § 106-20. Repealed by Session Laws 1987, c. 244, s. 1(a)
N.C. Gen. Stat. § 106-21. Repealed by Session Laws 1997-74, s. 7
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-22.2: Recodified as § 143B-344.23 by Session Laws 1998-212, s. 21(a)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-24. Collection and publication of information relating to agriculture; cooperation
(a) The Department of Agriculture and Consumer Services shall collect, compile, systematize, tabulate, and publish statistical information relating to agriculture. The Department is authorized to...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-25 through 106-26.2. Repealed by Session Laws 1979, c. 288, s. 2
N.C. Gen. Stat. § 106-26.3 through 106-26.6. Reserved for future codification purposes

Article 1A - State Farm Operations Commission.

N.C. Gen. Stat. § 106-26.7 through 106-26.12. Repealed by Session Laws 1977, c. 1122, s. 10

Article 1B - State Farm Operations Commission.

N.C. Gen. Stat. § 106-26.13 through 106-26.21. Repealed by Session Laws 1989, c. 500, s. 107(a)

Article 2 - North Carolina Fertilizer Law of 1947.

N.C. Gen. Stat. § 106-27 through 106-50. Superseded by G.S. 106-50.1 through 106-50.22
N.C. Gen. Stat. § 106-50.1 through 106-50.22. Repealed by Session Laws 1977, c. 303, s. 24
N.C. Gen. Stat. § 106-50.23 through 106-50.27. Reserved for future codification purposes

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

N.C. Gen. Stat. § 106-50.28. Short title
This Article shall be known as the North Carolina Soil Additives Act of 1977. (1977, c. 233, s. 1.)
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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;...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-51. Repealed by Session Laws 1987, c. 244, s. 1(b)

Article 4 - Insecticides and Fungicides.

N.C. Gen. Stat. § 106-52 through 106-65. Repealed by Session Laws 1971, c. 832, s. 4

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

N.C. Gen. Stat. § 106-65.1 through 106-65.12. Repealed by Session Laws 1971, c. 832, s. 4

Article 4B - Aircraft Application of Pesticides.

N.C. Gen. Stat. § 106-65.13 through 106-65.21. Repealed by Session Laws 1971, c. 832, s. 4

Article 4C - Structural Pest Control Act.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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 fifty dollars ($50.00). Within 75 days...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-65.34. Repealed by Session Laws 1967, c. 1184, s. 13
N.C. Gen. Stat. § 106-65.35. Repealed by Session Laws 1973, c. 556, s. 12
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-65.42. Short title
This Article shall be known as the "North Carolina Biological Organism Act." (1973, c. 713, s. 2.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 106-65.50 through 106-65.54. Reserved for future codification purposes

Article 4E - Pest Control Compact.

N.C. Gen. Stat. § 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:...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 106-65.62 through 106-65.66. Reserved for future codification purposes

Article 4F - Uniform Boll Weevil Eradication Act.

N.C. Gen. Stat. § 106-65.67. Short title
This Article may be cited as the Uniform Boll Weevil Eradication Act. (1975, c. 958, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 106-65.79 through 106-65.83. Reserved for future codification purposes

Article 4G - Official Cotton Growers' Organization.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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 4H - Bedding.

N.C. Gen. Stat. § 106-65.95. Definitions
The following definitions shall apply throughout this Article: (1) "Bedding" means any mattress, upholstered spring, sleeping bag, pad, comforter, cushion, pillow, decorative pillow, and any...
N.C. Gen. Stat. § 106-65.96. Sanitizing
(a) No person shall sell any renovated bedding or secondhand bedding unless it is sanitized in accordance with rules adopted by the Board of Agriculture....
N.C. Gen. Stat. § 106-65.97. Manufacture regulated
All materials used in the manufacture of bedding in this State or used in manufactured bedding to be sold in this State shall be free...
N.C. Gen. Stat. § 106-65.98. Storage of used materials
No establishment shall store any unsanitized previously used materials in the same room with bedding or materials that are new or have been sanitized unless...
N.C. Gen. Stat. § 106-65.99. Tagging requirements
(a) A tag of durable material approved by the Board of Agriculture shall be sewed securely to all bedding. The tag shall be at least...
N.C. Gen. Stat. § 106-65.100. Altering tags prohibited
No person, other than one purchasing bedding for personal use or a representative of the Department of Agriculture and Consumer Services shall remove, deface or...
N.C. Gen. Stat. § 106-65.101. Selling regulated
(a) No person shall sell any bedding in this State (whether manufactured within or without this State) which has not been manufactured, tagged, and labeled...
N.C. Gen. Stat. § 106-65.102. Registration numbers
All persons manufacturing or sanitizing bedding in this State or manufacturing bedding to be sold in this State shall apply for a registration number on...
N.C. Gen. Stat. § 106-65.103. Payment of fees; licenses
(a) The Department of Agriculture and Consumer Services shall administer and enforce this Article. A person who has done business in this State throughout the...
N.C. Gen. Stat. § 106-65.104. Bedding Law Account
The Bedding Law Account is established as a nonreverting account within the Department of Agriculture and Consumer Services. All fees collected under this Article shall...
N.C. Gen. Stat. § 106-65.105. Enforcement by the Department of Agriculture and Consumer Services
(a) The Department of Agriculture and Consumer Services shall enforce the provisions of this Article and the rules adopted by the Board of Agriculture. (b)...
N.C. Gen. Stat. § 106-65.106. Exemptions for blind persons and State institutions
(a) In cases where bedding is manufactured, sanitized or renovated in a plant or place of business which has qualified as a nonprofit agency for...
N.C. Gen. Stat. § 106-65.107. Rules
The Board shall adopt rules required by this Article in order to protect the public health. (1983, c. 891, s. 2; 2011‑145, s. 13.3(v), (hh).)

Article 5 - Seed Cotton and Peanuts.

N.C. Gen. Stat. § 106-66 through 106-67. Repealed by Session Laws 1987, c. 244, s. 1(c)

Article 5A - Marketing of Farmers Stock Peanuts.

N.C. Gen. Stat. § 106-67.1 through 106-67.8. Repealed by Session Laws 1983, c. 248, s. 1

Article 6 - Cottonseed Meal.

N.C. Gen. Stat. § 106-68 through 106-78. Repealed by Session Laws 1987, c. 244, s. 1(d)

Article 7 - Pulverized Limestone and Marl.

N.C. Gen. Stat. § 106-79 through 106-80. Repealed by Session Laws 1987, c. 244, s. 1(e)

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

N.C. Gen. Stat. § 106-81 through 106-92. Repealed by Session Laws 1981, c. 284

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

N.C. Gen. Stat. § 106-92.1. Title of Article
This Article shall be known as the North Carolina Agricultural Liming Materials and Landplaster Act. (1979, c. 590.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-93 through 106-110. Repealed by Session Laws 1973, c. 771, s. 19

Article 10 - Mixed Feed Oats.

N.C. Gen. Stat. § 106-111. Repealed by Session Laws 1987, c. 244, s. 1(f)

Article 11 - Stock and Poultry Tonics.

N.C. Gen. Stat. § 106-112 through 106-119. Repealed by Session Laws 1975, c. 39

Article 12 - Food, Drugs and Cosmetics.

N.C. Gen. Stat. § 106-120. Title of Article
This Article may be cited as the North Carolina Food, Drug and Cosmetic Act. (1939, c. 320, s. 1.)
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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:...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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:...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-146 through 106-158. Repealed by Session Laws 1973, c. 771, s. 19

Article 14 - State Inspection of Slaughterhouses.

N.C. Gen. Stat. § 106-159 through 106-168. Repealed by Session Laws 1981, c. 284

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

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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 provisions...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-169 through 106-173. Repealed by Session Laws 1997-74, s. 8

Article 15A - Meat Grading Law.

N.C. Gen. Stat. § 106-173.1 through 106-173.16. Repealed by Session Laws 1983, c. 248, s. 2

Article 16 - Bottling Plants for Soft Drinks.

N.C. Gen. Stat. § 106-174 through 106-184.1. Repealed by Session Laws 1975, c. 614, s. 42

Article 17 - Marketing and Branding Farm Products.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 106-189.1. Repealed by Session Laws 1983, c. 248, s. 3
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-197. Repealed by Session Laws 1997-74, s. 9

Article 19 - Trademark for Standardized Farm Products.

N.C. Gen. Stat. § 106-198 through 106-202. Repealed by Session Laws 1987, c. 244, s. 1(g)
N.C. Gen. Stat. § 106-202.1 through 106-202.5. Reserved for future codification purposes

Article 19A - Records of Sales of Farm Products.

N.C. Gen. Stat. § 106-202.6. Dated sales confirmation slips; inapplicable to consumers
(a) In every sales transaction of farm or horticultural crops, or animal products, the buyer, broker, or authorized agent shall give to the seller a...
N.C. Gen. Stat. § 106-202.7 through 106-202.11. Reserved for future codification purposes

Article 19B - Plant Protection and Conservation Act.

N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-203 through 106-209. Repealed by Session Laws 1945, c. 280, s. 2

Article 21 - Artificially Bleached Flour.

N.C. Gen. Stat. § 106-210 through 106-219. Repealed by Session Laws 1975, c. 614, s. 42

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

N.C. Gen. Stat. § 106-219.1 through 106-219.9. Repealed by Session Laws 1975, c. 614, s. 42

Article 22 - Inspection of Bakeries.

N.C. Gen. Stat. § 106-220 through 106-232. Repealed by Session Laws 1975, c. 614, s. 42

Article 23 - Oleomargarine.

N.C. Gen. Stat. § 106-233. Repealed by Session Laws 1975, c. 614, s. 42
N.C. Gen. Stat. § 106-234. Repealed by Session Laws 1949, c. 978, s. 2
N.C. Gen. Stat. § 106-235. Repealed by Session Laws 1963, c. 1135
N.C. Gen. Stat. § 106-236 through 106-238. Repealed by Session Laws 1975, c. 614, s. 42

Article 24 - Excise Tax on Certain Oleomargarines.

N.C. Gen. Stat. § 106-239. Repealed by Session Laws 1975, c. 614, s. 42

Article 25 - North Carolina Egg Law.

N.C. Gen. Stat. § 106-240 through 106-245. Repealed by Session Laws 1955, c. 213, s. 14
N.C. Gen. Stat. § 106-245.1 through 106-245.12. Repealed by Session Laws 1965, c. 1138, s. 3

Article 25A - North Carolina Egg Law.

N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-245.29. Reserved for future codification purposes

Article 25B - Egg Promotion Tax.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-256 through 106-259. Repealed by Session Laws 1987, c. 244, s. 1(h)

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-266.1 through 106-266.5. Repealed by Session Laws 1979, c. 157, s. 1

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

N.C. Gen. Stat. § 106-266.6. Reserved for future codification purposes
N.C. Gen. Stat. § 106-266.7. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.8. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.9. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.10. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.11. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.12. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.13. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.14. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.15. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.16. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.17. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.18. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.19. Repealed by Session Laws 2004-199, s. 27(a), effective August 17, 2004
N.C. Gen. Stat. § 106-266.20 through 106-266.21. Repealed by Session Laws 1971, c. 779, s. 1

Article 28C - Grade "A" Milk Sanitation.

N.C. Gen. Stat. § 106-266.30. Definitions
The following definitions shall apply throughout this Article: (1) "Grade 'A' milk" means fluid milk and milk products which have been produced, transported, handled, processed...
N.C. Gen. Stat. § 106-266.31. Board to adopt rules
The Board of Agriculture shall adopt rules relating to the sanitary production, transportation, processing and distribution of Grade "A" milk. The rules, in order to...
N.C. Gen. Stat. § 106-266.32. Permits required
No person shall produce, transport, process, or distribute Grade "A" milk without first having obtained a valid permit from the Department of Agriculture and Consumer...
N.C. Gen. Stat. § 106-266.33. Duties of the Department
The Department of Agriculture and Consumer Services shall enforce the rules of the Board of Agriculture governing Grade "A" milk by making sanitary inspections of...
N.C. Gen. Stat. § 106-266.34. Certain other authorities of Department of Agriculture and Consumer Services not replaced
This Article shall not repeal or limit the Department of Agriculture and Consumer Services' authority to carry out labeling requirements, required butterfat testing, aflatoxin testing,...
N.C. Gen. Stat. § 106-266.35. Sale or dispensing of milk
Only milk that is Grade "A" pasteurized milk may be sold or dispensed directly to consumers for human consumption. Raw milk and raw milk products...
N.C. Gen. Stat. § 106-266.36. Milk embargo
If the Commissioner of Agriculture or a local health director has probable cause to believe that any milk designated as Grade "A" milk is misbranded...

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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;...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-277.4. Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1034, s. 5
N.C. Gen. Stat. § 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:...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-277.25. Seizure and disposition of seeds violating Article
Any lot of agricultural or vegetable seeds, mixtures of such seeds being sold, exposed for sale, offered for sale or held with intent to sell...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 106-277.29. Repealed by Session Laws 1998-210, s. 2
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-278 through 106-284.4. Reserved for future codification purposes

Article 31A - Seed Potato Law.

N.C. Gen. Stat. § 106-284.5 through 106-284.13. Repealed by Session Laws 1973, c. 294

Article 31B - Vegetable Plant Law.

N.C. Gen. Stat. § 106-284.14. Title
This Article shall be known as the "Vegetable Plant Law." (1959, c. 91, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-284.23. Not set out
N.C. Gen. Stat. § 106-284.24 through 106-284.29. Reserved for future codification purposes

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

N.C. Gen. Stat. § 106-284.30. Title
This Article shall be known as the "North Carolina Commercial Feed Law of 1973." (1973, c. 771, s. 2.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-285 through 106-302. Repealed by Session Laws 1977, c. 42

Article 33 - Adulterated Turpentine.

N.C. Gen. Stat. § 106-303. Repealed by Session Laws 1987, c. 244, s. 1(i)

Article 34 - Animal Diseases.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 106-316.5. Repealed by Session Laws 1963, c. 1084, s. 2
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-320. Repealed by Session Laws 1963, c. 1084, s. 2
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-364 through 106-387. Repealed by Session Laws 1983, c. 891, s. 8
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-399. Repealed by Session Laws 1967, c. 511
N.C. Gen. Stat. § 106-399.1 through 106-399.3. Reserved for future codification purposes
N.C. Gen. Stat. § 106-399.4. 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...
N.C. Gen. Stat. § 106-399.5. 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...
N.C. Gen. Stat. § 106-400. Sale or transportation of animals affected with disease prohibited
No person shall sell, trade, offer for sale or trade, or transport by motor vehicle on any public road or other public place within the...
N.C. Gen. Stat. § 106-400.1. 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 an authorized...
N.C. Gen. Stat. § 106-401. State Veterinarian authorized to quarantine
(a) The State Veterinarian or an authorized representative may enter any property in the State or stop any motor vehicle on a public or private...
N.C. Gen. Stat. § 106-401.1. Inspection and quarantine of poultry
The State Veterinarian or an authorized representative may enter any property in the State or stop any motor vehicle to examine any poultry that the...
N.C. Gen. Stat. § 106-402. Confinement and isolation of diseased animals required
Any animal or poultry affected with or exposed to a contagious animal disease shall be confined by the owner of the animal or poultry or...
N.C. Gen. Stat. § 106-402.1. 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...
N.C. Gen. Stat. § 106-403. Disposition of dead domesticated animals
It is the duty of the owner of domesticated animals that die from any cause and the owner or operator of the premises upon which...
N.C. Gen. Stat. § 106-404. Animals affected with glanders to be killed
If the owner of any animal having the glanders or farcy omits or refuses, upon discovery or knowledge of its condition, to destroy the animal...
N.C. Gen. Stat. § 106-405. Prohibited acts; penalties
(a) Except as provided in G.S. 106‑404, any person who knowingly and willfully violates any provision of this Part is guilty of a Class 2...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-405.10 through 106-405.14. Reserved for future codification purposes
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-418.15. Short title
This Article may be cited as the "Livestock Dealer Licensing Act." (1973, c. 196.)
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-424 through 106-429. Repealed by Session Laws 1999-44, s. 3, effective May 13, 1999

Article 38 - Marketing Cotton and Other Agricultural Commodities.

N.C. Gen. Stat. § 106-429.1 through 106-434. Repealed by Session Laws 1997-74, s. 10
N.C. Gen. Stat. § 106-435. Fund for support of system; collection and investment
In order to provide a sufficient indemnifying or guarantee fund to cover any loss not covered by the bonds hereinbefore mentioned, in order to provide...
N.C. Gen. Stat. § 106-436 through 106-451.1. Repealed by Session Laws 1997-74, s. 11
N.C. Gen. Stat. § 106-451.2 through 106-451.5. Reserved for future codification purposes

Article 38A - Cotton Warehouse Act.

N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-451.29 through 106-451.39. Reserved for future codification purposes

Article 38B - Cotton Gins, Warehouses, Merchants.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 106-451.45 through 106-451.49. Reserved for future codification purposes

Article 39 - Leaf Tobacco Warehouses.

N.C. Gen. Stat. § 106-452. Repealed by Session Laws 2006-162, s. 29, effective July 24, 2006
N.C. Gen. Stat. § 106-453. Oath of tobacco weigher; duty of weigher to furnish list of number and weight of baskets weighed
All leaf tobacco sold upon the floor of any tobacco warehouse shall first be weighed by some reliable person 18 years of age or older,...
N.C. Gen. Stat. § 106-454. Warehouse proprietor, etc., to render bill of charges; penalty
The owner, operator, or person in charge of each warehouse shall render to each seller of tobacco at the warehouse a bill plainly stating the...
N.C. Gen. Stat. § 106-455. Tobacco purchases to be paid for by cash or check to order
The proprietor of each and every warehouse shall pay for all tobacco sold in said warehouse either in cash or by giving to the seller...

Article 40 - Leaf Tobacco Sales.

N.C. Gen. Stat. § 106-456 through 106-460. Repealed by Session Laws 1999-44, s.4
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-466 through 106-470. Repealed by Session Laws 1999-44, s. 5, effective May 13, 1999

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

N.C. Gen. Stat. § 106-471 through 106-489. Repealed by Session Laws 1955, c. 188, s. 1

Article 43 - Combines and Power Threshers.

N.C. Gen. Stat. § 106-490 through 106-495. Repealed by Session Laws 1955, c. 268, s. 2
N.C. Gen. Stat. § 106-495.1 through 106-495.2. Repealed by Session Laws 1975, c. 24

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-521 through 106-527. Repealed by Session Laws 1987, c. 244, s. 1(j)

Article 47 - State Marketing Authority.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-535 through 106-538. Repealed by Session Laws 1987, c. 244, s. 1(k)

Article 49 - Poultry; Hatcheries; Chick Dealers.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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;...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-549.1 through 106-549.14. Repealed by Session Laws 1981, c. 284

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

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-549.29:1. Repealed by Session Laws 1969, c. 893, s. 26
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-549.40 through 106-549.48. Repealed by Session Laws 1969, c. 893, s. 26

Article 49D - Poultry Products Inspection Act.

N.C. Gen. Stat. § 106-549.49. Short title
This Article shall be designated as the North Carolina Poultry Products Inspection Act. (1971, c. 677, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-549.51A. Repealed by Session Laws 2009-102, s. 2, effective June 15, 2009
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-549.73 through 106-549.80. Reserved for future codification purposes

Article 49F - Biological Residues in Animals.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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;...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-549.90 through 106-549.93. Reserved for future codification purposes

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

N.C. Gen. Stat. § 106-549.94. Regulation of pen-raised quail by Department of Agriculture and Consumer Services; certain authority of North Carolina Wildlife Resources Commission not affected
(a) The Department of Agriculture and Consumer Services is given exclusive authority to regulate the production and sale of pen‑raised quail for food purposes. The...
N.C. Gen. Stat. § 106-549.95. Reserved for future codification purposes
N.C. Gen. Stat. § 106-549.96. Reserved for future codification purposes

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

N.C. Gen. Stat. § 106-549.97. Regulation by Department of Agriculture and Consumer Services of certain cervids produced and sold for commercial purposes; certain authority of North Carolina Wildlife Resources Commission not affected; definitions
(a) The Department of Agriculture and Consumer Services shall regulate the production and sale of farmed cervids. The Board of Agriculture shall adopt rules for...
N.C. Gen. Stat. § 106-549.98. Inspection fees
The Commissioner may establish a fee at an hourly rate to be paid by the owner, proprietor, or operator of each slaughtering, meat‑canning, salting, packing,...

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

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

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-568.32. Repealed by Session Laws 1987, c. 294. s. 11
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-569 through 106-579. Repealed by Session Laws 1975, c. 179, s. 16

Article 51A - North Carolina Antifreeze Law of 1975.

N.C. Gen. Stat. § 106-579.1. Short title
This Article shall be known as the "North Carolina Antifreeze Law of 1975." (1975, c. 719, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-580. Short title
This Article may be cited as the "Agricultural Development Act." (1959, c. 1177, s. 1.)
N.C. Gen. Stat. § 106-581. Intent and purpose
It is hereby declared to be the intent and purpose of this Article to provide for a plan of assistance to the farmers and other...
N.C. Gen. Stat. § 106-581.1. Agriculture defined
For purposes of this Article, the terms "agriculture", "agricultural", and "farming" refer to all of the following: (1) The cultivation of soil for production and...
N.C. Gen. Stat. § 106-582. Counties authorized to utilize facilities to promote programs
The several counties of this State are hereby authorized to utilize the facilities of existing extension and other agricultural advisory committees for the purpose of...
N.C. Gen. Stat. § 106-583. Policy of State; cooperation of departments and agencies with Agricultural Extension Service
It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the products of the...
N.C. Gen. Stat. § 106-584. Maximum use of existing research facilities
In effectuating the purposes of this Article, maximum use may be made of existing research facilities owned or controlled by the State of North Carolina...
N.C. Gen. Stat. § 106-585. Appropriations by counties; funds made available by Congress
The several counties of this State are hereby authorized to make such appropriations and expend such funds as shall be necessary to defray any part...
N.C. Gen. Stat. § 106-586. Authority granted by Article supplementary
The authority granted by this Article is in addition to that granted to the Extension Service by the Congress of the United States and in...
N.C. Gen. Stat. § 106-587. Local appropriations
Each county and city in this State is authorized to make appropriations for the purposes of this Article and to fund them by levy of...
N.C. Gen. Stat. § 106-588 through 106-600. Reserved for future codification purposes

Article 53 - Grain Dealers.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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.
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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:...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-616 through 106-620. Reserved for future codification purposes

Article 54 - Adulteration of Grains.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 106-629 through 106-633. Reserved for future codification purposes

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-645 through 106-654. Reserved for future codification purposes

Article 56 - North Carolina Commercial Fertilizer Law.

N.C. Gen. Stat. § 106-655. Short title
This Article shall be known as the "North Carolina Commercial Fertilizer Law." (1977, c. 303, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-678 through 106-699. Reserved for future codification purposes

Article 57 - Nuisance Liability of Agricultural and Forestry Operations.

N.C. Gen. Stat. § 106-700. Legislative determination and declaration of policy
It is the declared policy of the State to conserve and protect and encourage the development and improvement of its agricultural land and forestland for...
N.C. Gen. Stat. § 106-701. When agricultural and forestry operation, etc., not constituted nuisance by changed conditions in locality
(a) No agricultural or forestry operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions in...
N.C. Gen. Stat. § 106-702 through 106-705. Reserved for future codification purposes

Article 57A - Civil Liability of Farmers.

N.C. Gen. Stat. § 106-706. Exemption from civil liability for farmers permitting gleaning
Any farmer, as an owner, lessee, occupant, or otherwise in control of land, who allows without compensation another person to enter upon the land for...

Article 58 - North Carolina Biologics Law of 1981.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-716 through 106-718. Reserved for future codification purposes

Article 59 - Northeastern North Carolina Farmers Market Commission.

N.C. Gen. Stat. § 106-719 through 106-725. Repealed by Session Laws 1999-44, s. 6, effective May 13, 1999

Article 60 - Southeastern North Carolina Farmers Market Commission.

N.C. Gen. Stat. § 106-726 through 106-734. Repealed by Session Laws 1999-44, s. 7, effective May 13, 1999

Article 61 - Agricultural Development and Preservation of Farmland.

N.C. Gen. Stat. § 106-735. Short title, purpose, and administration
(a) This Article shall be known as "The Agricultural Development and Farmland Preservation Enabling Act." (b) The purpose of this Article is to authorize counties...
N.C. Gen. Stat. § 106-736. Agricultural Development/Farmland preservation programs authorized
(a) A county or a city may by ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualifying farms, as defined...
N.C. Gen. Stat. § 106-737. Qualifying farmland
In order for farmland to qualify for inclusion in a voluntary agricultural district or an enhanced voluntary agricultural district under Part 1 or Part 2...
N.C. Gen. Stat. § 106-737.1. Revocation of conservation agreement
By written notice to the county, the landowner may revoke this conservation agreement. Such revocation shall result in loss of qualifying farm status. (1985 (Reg....
N.C. Gen. Stat. § 106-738. Voluntary agricultural districts
(a) An ordinance adopted under this Part shall provide: (1) For the establishment of voluntary agricultural districts consisting initially of at least the number of...
N.C. Gen. Stat. § 106-739. Agricultural advisory board
An ordinance adopted under this Part or Part 3 of this Article shall provide for the establishment of an agricultural advisory board, organized and appointed...
N.C. Gen. Stat. § 106-740. Public hearings on condemnation of farmland
An ordinance adopted under this Part or Part 3 of this Article may provide that no State or local public agency or governmental unit may...
N.C. Gen. Stat. § 106-741. Record notice of proximity to farmlands
(a) Any county that has a computerized land records system may require that such records include some form of notice reasonably calculated to alert a...
N.C. Gen. Stat. § 106-742. Waiver of water and sewer assessments
(a) A county or a city that has adopted an ordinance under this Part may provide by ordinance that its water and sewer assessments be...
N.C. Gen. Stat. § 106-743. Local ordinances
A county or a city adopting an ordinance under this Part or Part 3 of this Article may consult with the North Carolina Commissioner of...
N.C. Gen. Stat. § 106-743.1. Enhanced voluntary agricultural districts
(a) A county or a municipality may adopt an ordinance establishing an enhanced voluntary agricultural district. An ordinance adopted pursuant to this Part shall provide:...
N.C. Gen. Stat. § 106-743.2. Conservation agreements for farmland in enhanced voluntary agricultural districts; limitation
A conservation agreement entered into between a county or city and a landowner pursuant to G.S. 106‑743.1(a)(2) shall be irrevocable for a period of at...
N.C. Gen. Stat. § 106-743.3. Enhanced voluntary agricultural districts entitled to all benefits of voluntary agricultural districts
The provisions of G.S. 106‑739 through G.S. 106‑741 and G.S. 106‑743 apply to an enhanced voluntary agricultural district under this Part, to an ordinance adopted...
N.C. Gen. Stat. § 106-743.4. Enhanced voluntary agricultural districts; additional benefits
(a) Property that is subject to a conservation agreement under G.S. 106‑743.2 that remains in effect may receive up to twenty‑five percent (25%) of its...
N.C. Gen. Stat. § 106-743.5. Waiver of utility assessments
(a) In the ordinance establishing an enhanced voluntary agricultural district under this Part, a county or a city may provide that all assessments for utilities...
N.C. Gen. Stat. § 106-744. Purchase of agricultural conservation easements; establishment of North Carolina Agricultural Development and Farmland Preservation Trust Fund and Advisory Committee
(a) A county may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined by G.S. 106‑737. (b)...
N.C. Gen. Stat. § 106-745 through 106-749. Reserved for future codification purposes

Article 62 - Grape Growers Council.

N.C. Gen. Stat. § 106-750 through 106-755. Redesignated as Part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s. 4(a), effective September 8, 2005
N.C. Gen. Stat. § 106-750 through 106-755. Redesignated as part 2J of Article 10 of Chapter 143B by Session Laws 2005-380, s. 4(a), effective September 8, 2005

Article 63 - Aquaculture Development Act.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-757. Short title
This Article shall be known as the Aquaculture Development Act. (1989, c. 752, s. 147.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-760. Repealed by Session Laws 2011-266, s. 1.4, effective July 1, 2011
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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.

N.C. Gen. Stat. § 106-765 through 106-777. Expired
N.C. Gen. Stat. § 106-778 through 106-780. Reserved for future codification purposes

Article 65 - Strawberry Assessment Act.

N.C. Gen. Stat. § 106-781. Title
This Article shall be known as the "Strawberry Assessment Act." (1989 (Reg. Sess., 1990), c. 1027, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-787 through 106-789. Reserved for future codification purposes

Article 66 - Pork Promotion Assessment Act.

N.C. Gen. Stat. § 106-790. Title
This Article shall be known as the "Pork Promotion Assessment Act." (1991, c. 605, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-797 through 106-799. Reserved for future codification purposes

Article 66A - Transportation of Swine.

N.C. Gen. Stat. § 106-798. Identification required to transport swine
(a) No live swine shall be transported on a public road within the State unless the swine has an official form of identification approved by...
N.C. Gen. Stat. § 106-798.1. (Effective October 1, 2012) Penalty for unlawful transport of swine without identification
Any person who fails to obtain identification as required under this Article shall be subject to a civil penalty of up to five thousand dollars...
N.C. Gen. Stat. § 106-798.2. (Effective October 1, 2012) Penalty for misuse of identification
Any person who misuses the identification required under this Article shall be subject to a civil penalty of one thousand dollars ($1,000) for each occurrence....

Article 67 - Swine Farms.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 106-806. Construction or renovation of swine houses at preexisting swine farms
(a) As used in this section, the following definitions apply: (1) "New swine farm" means any swine farm the operations of which were sited on...
N.C. Gen. Stat. § 106-807. Reserved for future codification purposes
N.C. Gen. Stat. § 106-808. Reserved for future codification purposes
N.C. Gen. Stat. § 106-809. Reserved for future codification purposes

Article 68 - Southern Dairy Compact.

N.C. Gen. Stat. § 106-810. Southern Dairy Compact entered into; form of Compact
The Southern Dairy Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ...
N.C. Gen. Stat. § 106-811. Appointment of members to the Southern Dairy Compact Commission
(a) The delegation from the State of North Carolina to the Southern Dairy Compact Commission, as established in Article IV of the Compact, shall be...

Article 68A - North Carolina Dairy Stabilization and Growth Program.

N.C. Gen. Stat. § 106-812. Findings
(a) The General Assembly finds that North Carolina has suffered a significant loss of its traditional industrial and agricultural economic base. The State's dairy industry...
N.C. Gen. Stat. § 106-813. North Carolina Dairy Stabilization and Growth Fund
(a) The North Carolina Dairy Stabilization and Growth Fund is created as a nonreverting account in the Department of Agriculture and Consumer Services. The Fund...
N.C. Gen. Stat. § 106-814. Dairy Stabilization and Growth Program
(a) On July 1 of each year the Board of Agriculture shall set a milk support baseline price. The baseline price per hundredweight of milk...
N.C. Gen. Stat. § 106-815. Report
The Commissioner of Agriculture shall file a report no later than 31 March of each year with the Chairs of the House of Representatives Appropriations...
N.C. Gen. Stat. § 106-816. Reserved for future codification purposes
N.C. Gen. Stat. § 106-817. Reserved for future codification purposes
N.C. Gen. Stat. § 106-818. Reserved for future codification purposes
N.C. Gen. Stat. § 106-819. Reserved for future codification purposes

Article 69 - Horse Industry Promotion Act.

N.C. Gen. Stat. § 106-820. Title
This Article may be cited as the Horse Industry Promotion Act. (1998‑154, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 70 - North Carolina Sustainable Local Food Advisory Council.

N.C. Gen. Stat. § 106-830. (For expiration date, see note) Purpose; definitions
(a) Purpose. It is the purpose of the North Carolina Sustainable Local Food Advisory Council to contribute to building a local food economy, thereby benefiting...
N.C. Gen. Stat. § 106-831. (For expiration date, see note) The North Carolina Sustainable Local Food Advisory Council; creation; membership; terms
(a) Council Established; Membership. The North Carolina Sustainable Local Food Advisory Council is hereby created within the Department of Agriculture and Consumer Services. The Council...
N.C. Gen. Stat. § 106-832. (For expiration date, see note) The North Carolina Sustainable Local Food Advisory Council; duties
In developing sustainable local food programs and policies for North Carolina, the Council may consider any of the following programmatic and policy issues: (1) An...
N.C. Gen. Stat. § 106-833. (For expiration date, see note) The North Carolina Sustainable Local Food Advisory Council; report requirement
No later than October 1 of each year, the Council shall report its findings and recommendations, including any legislative proposals or proposals for administrative action,...

Article 71 - Soil and Water Conservation Commission.

N.C. Gen. Stat. § 106-840. Soil and Water Conservation Commission - creation; powers and duties; compliance inspections
(a) There is hereby created the Soil and Water Conservation Commission of the Department of Agriculture and Consumer Services with the power and duty to...
N.C. Gen. Stat. § 106-841. Soil and Water Conservation Commission - members; selection; removal; compensation; quorum; services
(a) The Soil and Water Conservation Commission of the Department of Agriculture and Consumer Services shall be composed of seven members appointed by the Governor....
N.C. Gen. Stat. § 106-842. Soil and Water Conservation Commission - officers
The Soil and Water Conservation Commission shall have a chair and a vice‑chair. The chair shall be designated by the Governor from among the members...
N.C. Gen. Stat. § 106-843. Soil and Water Conservation Commission meetings
The Soil and Water Conservation Commission shall meet at least quarterly and may hold special meetings at any time and place within the State at...
N.C. Gen. Stat. § 106-844. Soil and Water Conservation Account
The Soil and Water Conservation Account is established as a nonreverting account within the Department of Agriculture and Consumer Services. The Account consists of revenue...

Article 72 - Nonpoint Source Pollution Control Program.

N.C. Gen. Stat. § 106-850. Agriculture cost share program
(a) There is created the Agriculture Cost Share Program for Nonpoint Source Pollution Control. The program shall be created, implemented, and supervised by the Soil...
N.C. Gen. Stat. § 106-851. Program participation
Participation in the program shall be voluntary. All participants in the program shall be required to match State funds at the same rate, and assistance...
N.C. Gen. Stat. § 106-852. Committee established
Detailed plans for implementing the program shall be reviewed and suggested changes and reasons therefor shall be given by a committee consisting of the Master...

Article 73 - Community Conservation Assistance Program.

N.C. Gen. Stat. § 106-860. Community Conservation Assistance Program
(a) Program Established. There is established the Community Conservation Assistance Program. The Program shall be implemented and supervised by the Soil and Water Conservation Commission...

Article 74 - Acquisition and Control of State Forests and State Recreational Forests.

N.C. Gen. Stat. § 106-870. Policy and plan to be inaugurated by Department of Agriculture and Consumer Services
(a) In this Article, unless the context requires otherwise, "Department" means the Department of Agriculture and Consumer Services and "Commissioner" means Commissioner of Agriculture. (b)...
N.C. Gen. Stat. § 106-871. Growing of timber on unused State lands authorized
The Department of Administration may allocate to the Department, for management as a State forest, any vacant and unappropriated lands, any marshlands or swamplands, and...
N.C. Gen. Stat. § 106-872. Use of lands acquired by counties through tax foreclosures as demonstration forests
The boards of county commissioners of the various counties of North Carolina are herewith authorized to turn over to the said Department title to such...
N.C. Gen. Stat. § 106-873. Procedure for acquisition of delinquent tax lands from counties
In the carrying out of the provisions of G.S. 106‑872, the several boards of county commissioners shall furnish forthwith on written request of the Department...
N.C. Gen. Stat. § 106-874. Purchase of lands for use as demonstration forests
Where no suitable tax‑delinquent lands are available and, in the judgment of the Department, the establishment of a demonstration forest is advisable, the Department may...
N.C. Gen. Stat. § 106-875. Forest management appropriation
Necessary funds for carrying out the provisions of G.S. 106‑870 and G.S. 106‑872 to G.S. 106‑875 shall be set up in the regular budget as...
N.C. Gen. Stat. § 106-876. Power to acquire lands as State forests; donations or leases by United States; leases for recreational purposes
(a) The Governor may, upon recommendation of the Department, accept gifts of land to the State to be held, protected, and administered by the Department...
N.C. Gen. Stat. § 106-877. State timber may be sold by Department; forest nurseries; operation of public service facilities; concessions to private concerns; authority to charge fees and adopt rules
(a) Timber and other products of State forests may be sold, cut, and removed under rules of the Department. The Department may establish and operate...
N.C. Gen. Stat. § 106-878. Applications of proceeds from sale of products
(a) Application of Proceeds Generally. Except as provided in this section, all money received from the sale of wood, timber, minerals, or other products from...
N.C. Gen. Stat. § 106-879. Legislative authority necessary for payment
Nothing in this Article shall operate or be construed as authority for the payment of any money out of the State treasury for the purchase...
N.C. Gen. Stat. § 106-880. Distribution of funds from sale of forestlands
All funds paid by the National Forest Commission, by authority of an act of Congress, approved May 23, 1908, (35 Stat. 260), for the Counties...
N.C. Gen. Stat. § 106-881. License fees for hunting and fishing on government-owned property unaffected
No wording in G.S. 113‑307.1(a), or any other North Carolina public, local, or special act, shall be construed to abrogate the vested rights of the...
N.C. Gen. Stat. § 106-882. Donations of property for forestry purposes; agreements with federal government or agencies for acquisition
The Department may accept gifts, donations, or contributions of land suitable for forestry purposes and to enter into agreements with the federal government or other...
N.C. Gen. Stat. § 106-883. Expenditure of funds for development, etc.; disposition of products from lands; rules
When lands are acquired or leased under G.S. 106‑882, the Department may make expenditures from any funds not otherwise obligated, for the management, development, and...
N.C. Gen. Stat. § 106-884. Disposition of revenues received from lands acquired
All revenues derived from lands now owned or later acquired under the provisions of G.S. 106‑882 to G.S. 106‑886 shall be set aside for the...
N.C. Gen. Stat. § 106-885. State not obligated for debts created hereunder
Obligations for the acquisition of land incurred by the Department under the authority of G.S. 106‑882 to G.S. 106‑886 shall be paid solely and exclusively...
N.C. Gen. Stat. § 106-886. Disposition of lands acquired
The Department shall have full power and authority to sell, exchange, or lease lands under its jurisdiction when in its judgment it is advantageous to...
N.C. Gen. Stat. § 106-887. Management of DuPont State Recreational Forest
(a) DuPont State Forest is designated as a State Recreational Forest. The Department shall manage DuPont State Recreational Forest: (i) primarily for natural resource preservation,...

Article 75 - Protection and Development of Forests; Fire Control.

N.C. Gen. Stat. § 106-895. Powers of Department of Agriculture and Consumer Services
(a) The Department of Agriculture and Consumer Services may take such action as it may deem necessary to provide for the prevention and control of...
N.C. Gen. Stat. § 106-896. Forest rangers
The Commissioner may appoint one county forest ranger and one or more deputy forest rangers in each county of the State in which, after careful...
N.C. Gen. Stat. § 106-897. Forest laws defined
The forest laws consist of: (1) G.S. 14‑136 to G.S. 14‑140; (2) Articles 74 through 84 of this Chapter; (3) G.S. 77‑13 and G.S. 77‑14;...
N.C. Gen. Stat. § 106-898. Duties of forest rangers; payment of expenses by State and counties
Forest rangers shall have charge of measures for controlling forest fires, protection of forests from pests and diseases, and the development and improvement of the...
N.C. Gen. Stat. § 106-899. Powers of forest rangers to prevent and extinguish fires; authority to issue citations and warning tickets
(a) Forest rangers shall prevent and extinguish forest fires and shall have control and direction of all persons and equipment while engaged in the extinguishing...
N.C. Gen. Stat. § 106-900. Powers of forest law-enforcement officers
The Commissioner is authorized to appoint as many forest law‑enforcement officers as he deems necessary to carry out the forest law‑enforcement responsibilities of the Department....
N.C. Gen. Stat. § 106-901. Warning tickets for violations of the forest laws
(a) To encourage the cooperation of the public in achieving the objectives of the forest laws, the Commissioner may provide for the issuance of warning...
N.C. Gen. Stat. § 106-902. Compensation of forest rangers
Forest rangers shall receive compensation from the Department at a reasonable rate to be fixed by said Department for the time actually engaged in the...
N.C. Gen. Stat. § 106-903. Overtime compensation for forest fire fighting
The Department shall, within funds appropriated to the Department, provide overtime compensation to the professional employees of the Division of Forest Resources involved in fighting...
N.C. Gen. Stat. § 106-904. Woodland defined
For the purposes of this Article, woodland is taken to include all forest areas, both timber and cutover land, and all second‑growth stands on areas...
N.C. Gen. Stat. § 106-905. Misdemeanor to destroy posted forestry notice
Any person who shall maliciously or willfully destroy, deface, remove, or disfigure any sign, poster, or warning notice, posted by order of the Commissioner, under...
N.C. Gen. Stat. § 106-906. Cooperation between counties and State in forest protection and development
The board of county commissioners of any county is hereby authorized and empowered to cooperate with the Department in the protection, reforestation, and promotion of...
N.C. Gen. Stat. § 106-907. Instructions on forest preservation and development
(a) It shall be the duty of all district, county, township rangers, and all deputy rangers provided for in this Chapter to distribute in all...
N.C. Gen. Stat. § 106-908. Authority of Governor to close forests and woodlands to hunting, fishing and trapping
During periods of protracted drought or when other hazardous fire conditions threaten forest and water resources and appear to require extraordinary precautions, the Governor of...
N.C. Gen. Stat. § 106-909. Publication of proclamation; annulment thereof
Such proclamation shall become effective 24 hours after certified time of issue, and shall be published in such newspapers and posted in such places and...
N.C. Gen. Stat. § 106-910. Violation of proclamation a misdemeanor
Any person, firm or corporation who enters upon any woodlands or inland waters of the State for the purpose of hunting, fishing or trapping, or...

Article 76 - Protection of Forest Against Insect Infestation and Disease.

N.C. Gen. Stat. § 106-920. Purpose and intent
(a) The purpose of this Article is to place within the Department of Agriculture and Consumer Services the authority and responsibility for investigating insect infestations...
N.C. Gen. Stat. § 106-921. Authority of the Department
The authority and responsibility for carrying out the purpose, intent and provisions of this Article are hereby delegated to the Department. The administration of the...
N.C. Gen. Stat. § 106-922. Definitions
As used in this Article, unless the context clearly requires otherwise: (1) "Control zone" means an area of potential or actual infestation or infection, boundaries...
N.C. Gen. Stat. § 106-923. Action against insects and diseases
Whenever the Commissioner, or his agent, determines that there exists an infestation of forest insect pests or an infection of forest tree diseases, injurious or...
N.C. Gen. Stat. § 106-924. Authority of Commissioner and his agents to go upon private land within control zones
The Commissioner or his agents shall have the power to go upon the land within any zone of infestation or infection and take measures to...
N.C. Gen. Stat. § 106-925. Cooperative agreements
In order to more effectively carry out the purposes of this Article, the Department is authorized to enter into cooperative agreement with the federal government...
N.C. Gen. Stat. § 106-926. Annulment of control zone
Whenever the Commissioner determines that the forest insect or disease control work within a designated control zone is no longer necessary or feasible, then the...

Article 77 - Southeastern Interstate Forest Fire Protection Compact.

N.C. Gen. Stat. § 106-930. Execution of Compact authorized; terms of Compact
The legislature on behalf of this State is hereby authorized to execute a Compact, in substantially the following form, with any one or more of...
N.C. Gen. Stat. § 106-931. When Compact to become effective; authority of Governor
When the legislature shall have executed said Compact on behalf of this State and shall have caused a verified copy thereof to be filed with...
N.C. Gen. Stat. § 106-932. Assent of legislature to mutual aid provisions of other compacts
The legislature of this State hereby gives its assent to the mutual aid provisions of Articles IV and V of the South Central Interstate Forest...
N.C. Gen. Stat. § 106-933. Compact Administrator; North Carolina members of advisory committee
The Commissioner of Agriculture is hereby designated as Compact Administrator for this State and shall consult with like officials of the other member states and...
N.C. Gen. Stat. § 106-934. Agreements with noncompact states
The Department of Agriculture and Consumer Services is hereby authorized to enter into written agreements with the State forest fire control agency of any other...

Article 78 - Regulation of Open Fires.

N.C. Gen. Stat. § 106-940. Purpose and findings
The purpose of this Article is to regulate certain open burning in order to protect the public from the hazards of forest fires and air...
N.C. Gen. Stat. § 106-941. Definitions
As used in this Article: (1) "Department" means the Department of Agriculture and Consumer Services. (2) "Forest ranger" means the county forest ranger or deputy...
N.C. Gen. Stat. § 106-942. High hazard counties; permits required; standards
(a) The provisions of this section apply only to the counties of Beaufort, Bladen, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Duplin, Gates, Hyde, Jones,...
N.C. Gen. Stat. § 106-943. Open burning in non-high hazard counties; permits required; standards
(a) The provisions of this section apply only to the counties not designated as high hazard counties in G.S. 106‑942(a). (b) It shall be unlawful...
N.C. Gen. Stat. § 106-944. Open burning prohibited statewide
During periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the General Statutes, the...
N.C. Gen. Stat. § 106-945. Permit conditions
Permits issued under this Article shall be issued in the name of the person undertaking the burning and shall specify the specific area in which...
N.C. Gen. Stat. § 106-946. Permit suspension and cancellation
Upon a determination that hazardous forest fire conditions exist the Commissioner is authorized to cancel any permit issued under this Article and suspend the issuance...
N.C. Gen. Stat. § 106-947. Control of existing fires
(a) If a fire is set without a permit required by G.S. 106‑942, 106‑943, or 106‑944, and is set in an area in which permits...
N.C. Gen. Stat. § 106-948. Penalties
Any person violating the provisions of this Article or of any permit issued under the authority of this Article shall be guilty of a Class...
N.C. Gen. Stat. § 106-949. Effect on other laws
This Article shall not be construed as affecting or abridging the lawful authority of local governments to pass ordinances relating to open burning within their...
N.C. Gen. Stat. § 106-950. Exempt fires; no permit fees
(a) This Article shall not apply to any fires started, or caused to be started, within 100 feet of an occupied dwelling house if such...

Article 79 - Fire Fighters on Standby Duty.

N.C. Gen. Stat. § 106-955. Definitions
As used in this Article: (1) "Fire fighter" means an employee of the Division of Forest Resources of the Department of Agriculture and Consumer Services...
N.C. Gen. Stat. § 106-956. Standby duty
(a) Standby duty is time during which a fire fighter is required to remain within 25 miles of his duty station and be available to...

Article 80 - North Carolina Prescribed Burning Act.

N.C. Gen. Stat. § 106-965. Legislative findings
The General Assembly finds that prescribed burning of forestlands is a management tool that is beneficial to North Carolina's public safety, forest and wildlife resources,...
N.C. Gen. Stat. § 106-966. Definitions
As used in this Article: (1) "Certified prescribed burner" means an individual who has successfully completed a certification program approved by the Division of Forest...
N.C. Gen. Stat. § 106-967. Immunity from liability
(a) Any prescribed burning conducted in compliance with G.S. 106‑968 is in the public interest and does not constitute a public or private nuisance. (b)...
N.C. Gen. Stat. § 106-968. Prescribed burning
(a) Prior to conducting a prescribed burning, the landowner shall obtain a prescription for the prescribed burning prepared by a certified prescribed burner and filed...
N.C. Gen. Stat. § 106-969. Adoption of rules
The Division of Forest Resources, Department of Agriculture and Consumer Services, may adopt rules that govern prescribed burning under this Article. (1999‑121, s. 1; 2011‑145,...
N.C. Gen. Stat. § 106-970. Exemption
This Article does not apply when the Commissioner of Agriculture has cancelled burning permits pursuant to G.S. 106‑946 or prohibited all open burning pursuant to...

Article 81 - Corporations for Protection and Development of Forests.

N.C. Gen. Stat. § 106-980. Private limited dividend corporations may be formed
(a) In this Article, unless the context requires otherwise, "Department" means the Department of Agriculture and Consumer Services, and "Commissioner" means the Commissioner of Agriculture....
N.C. Gen. Stat. § 106-981. Manner of organizing
A corporation formed under this Article shall be organized and incorporated in the manner provided for organization of corporations under the general corporation laws of...
N.C. Gen. Stat. § 106-982. Directors
There shall not be less than three directors, one of whom shall always be a person designated by the Secretary, which one need not be...
N.C. Gen. Stat. § 106-983. Duties of supervision by Commissioner
Corporations formed under this Article shall be regulated by the Commissioner in the manner provided in this Article. Traveling and other expenses incurred by him...
N.C. Gen. Stat. § 106-984. Powers of Commissioner
The Commissioner may: (1) Examine at any time all books, contracts, records, documents and papers of any such corporation. (2) In his discretion prescribe uniform...
N.C. Gen. Stat. § 106-985. Provision for appeal by corporations to Governor
If any corporation organized under this Article is dissatisfied with or aggrieved at any rule or order imposed upon it by the Commissioner, or any...
N.C. Gen. Stat. § 106-986. Limitations as to dividends
The shares of stock of corporations organized under this Article shall have a par value and, except as provided in G.S. 106‑988 in respect to...
N.C. Gen. Stat. § 106-987. Issuance of securities restricted
No such corporation shall issue stock, bonds or other securities except for money, timberlands, or interests therein, located in the State of North Carolina or...
N.C. Gen. Stat. § 106-988. Limitation on bounties to stockholders
Stockholders shall at no time receive or accept from any such corporation in repayment of their investment in its stock any sums in excess of...
N.C. Gen. Stat. § 106-989. Earnings above dividend requirements payable to State
Any earnings of such corporation in excess of the amounts necessary to pay dividends to stockholders at the rate set forth in G.S. 106‑986 shall...
N.C. Gen. Stat. § 106-990. Dissolution of corporation
Any such corporation may be dissolved at any time in the manner provided by and under the provisions of the general corporation laws of the...
N.C. Gen. Stat. § 106-991. Cutting and sale of timber
Any such corporation may cut and sell the timber on its land or permit the cutting thereof, but all such cuttings shall be in accordance...
N.C. Gen. Stat. § 106-992. Corporation may not sell or convey without consent of Commissioner, or pay higher interest rate than 6%
No such corporation shall do any of the following: (1) Sell, assign or convey any real property owned by it or any right, title or...
N.C. Gen. Stat. § 106-993. Power to borrow money limited
Any such corporation formed under this Article may, subject to the approval of the Commissioner, borrow funds and secure their payment thereof by note or...
N.C. Gen. Stat. § 106-994. Commissioner to approve development of forests
No project for the protection and development of forests proposed by any such corporation shall be undertaken without the approval of the Commissioner, and such...
N.C. Gen. Stat. § 106-995. Application of corporate income
The gross annual income of any such corporation, whether received from sales of timber, timber operations, stumpage permits or other sources, shall be applied as...
N.C. Gen. Stat. § 106-996. Reorganization of corporations
Reorganization of corporations organized under this Article shall be subject to the supervision of the Commissioner and no such reorganization shall be had without the...

Article 82 - Forestry Services and Advice for Owners and Operators of Forestland.

N.C. Gen. Stat. § 106-1001. Authority to render scientific forestry services
(a) In this Article, unless the context requires otherwise: (1) "Commissioner" means the Commissioner of Agriculture. (2) "Department" means the Department of Agriculture and Consumer...
N.C. Gen. Stat. § 106-1002. Services under direction of Commissioner; compensation; when services without charge
(a) The administration of the provisions of this Article shall be under the direction of the Commissioner. The Commissioner, or his authorized agent, upon receipt...
N.C. Gen. Stat. § 106-1003. Deposit of receipts with State treasury
All moneys paid to the Secretary for services rendered under the provisions of this Article shall be deposited into the State treasury to the credit...

Article 83 - Forest Development Act.

N.C. Gen. Stat. § 106-1010. Title
This Article shall be known as the "Forest Development Act." (1977, c. 562, s. 1; 2011‑145, s. 13.25(gg).)
N.C. Gen. Stat. § 106-1011. Statement of purpose
(a) The General Assembly finds that: (1) It is in the public interest of the State to encourage the development of the State's forest resources...
N.C. Gen. Stat. § 106-1012. Definitions
As used in this Article: (1) "Approved forest management plan" means the forest management plan submitted by the eligible landowner and approved by the Commissioner....
N.C. Gen. Stat. § 106-1013. Powers and duties
(a) The Commissioner shall have the powers and duties to administer the provisions of this Article. (b) The Department shall serve as the disbursing agency...
N.C. Gen. Stat. § 106-1014. Administration of cost sharing
The Commissioner shall have authority to administer the cost sharing provisions of this Article, including but not limited to the following: (1) Prescribe the manner...
N.C. Gen. Stat. § 106-1015. Cost-share agreements
(a) In order to receive forest development cost‑share payments, an eligible landowner shall enter into a written agreement with the Department describing the eligible land,...
N.C. Gen. Stat. § 106-1016. Limitation of payments
(a) An eligible landowner may receive forest development cost sharing payments for satisfactory completion of approved practices as determined by the Commissioner, except that the...
N.C. Gen. Stat. § 106-1017. Participation by government political subdivisions
No governmental agency, federal, State or local, will be eligible for forest development payments under the provision of this Article. (1977, c. 562, s. 7;...
N.C. Gen. Stat. § 106-1018. Forest Development Fund
(a) The Forest Development Fund is created in the Department as a special fund. Revenue in the Fund does not revert at the end of...

Article 84 - Primary Forest Product Assessment Act.

N.C. Gen. Stat. § 106-1025. Short title
This Article shall be known as the Primary Forest Product Assessment Act. (1977, c. 573, s. 1; 2011‑145, s. 13.25(ii).)
N.C. Gen. Stat. § 106-1026. Statement of purpose
(a) The purpose of this Article is to create an assessment on primary forest products processed from North Carolina timber to provide a source of...
N.C. Gen. Stat. § 106-1027. Definitions
The following words, terms and phrases hereinafter used for the purpose of this Article are defined as follows: (1) "Primary forest product" shall include those...
N.C. Gen. Stat. § 106-1028. Operation of assessment system
(a) The General Assembly hereby levies an assessment on all primary forest products harvested from lands within the State of North Carolina. (b) This assessment...
N.C. Gen. Stat. § 106-1029. Duties
(a) The Secretary, Department of Revenue, shall: (1) Develop the necessary administrative procedures to collect the assessment; (2) Collect the assessment from the primary forest...
N.C. Gen. Stat. § 106-1030. Assessment rates
(a) The assessment rates shall be based on the following standards: (1) For primary forest products customarily measured in board feet, the "International 1/4 Inch...
N.C. Gen. Stat. § 106-1031. Collection of assessment
(a) The assessment shall be levied against the processor of the primary forest product. (b) The assessment shall be submitted on a quarterly basis of...
N.C. Gen. Stat. § 106-1032. Enforcement of collection
The Secretary of Revenue shall enforce collection of the primary forest product assessment in accordance with the remedies and procedures contained in Article 9 of...

Last modified: February 21, 2012

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North Carolina General Statutes Chapter 106 Agriculture

Article 1 - Department of Agriculture and Consumer Services.

Article 1A - State Farm Operations Commission.

Article 1B - State Farm Operations Commission.

Article 2 - North Carolina Fertilizer Law of 1947.

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

Article 3 - Fertilizer Laboratories.

Article 4 - Insecticides and Fungicides.

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

Article 4B - Aircraft Application of Pesticides.

Article 4C - Structural Pest Control Act.

Article 4D - North Carolina Biological Organism Act.

Article 4E - Pest Control Compact.

Article 4F - Uniform Boll Weevil Eradication Act.

Article 4G - Official Cotton Growers' Organization.

Article 4H - Bedding.

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.

Article 9 - Commercial Feedingstuffs.

Article 10 - Mixed Feed Oats.

Article 11 - Stock and Poultry Tonics.

Article 12 - Food, Drugs and Cosmetics.

Article 12A - Wholesale Prescription Drug Distributors.

Article 13 - Canned Dog Foods.

Article 14 - State Inspection of Slaughterhouses.

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

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

Article 15A - Meat Grading Law.

Article 16 - Bottling Plants for Soft Drinks.

Article 17 - Marketing and Branding Farm Products.

Article 18 - Shipper's Name on Receptacles.

Article 19 - Trademark for Standardized Farm Products.

Article 19A - Records of Sales of Farm Products.

Article 19B - Plant Protection and Conservation Act.

Article 20 - Standard Weight of Flour and Meal.

Article 21 - Artificially Bleached Flour.

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

Article 22 - Inspection of Bakeries.

Article 23 - Oleomargarine.

Article 24 - Excise Tax on Certain Oleomargarines.

Article 25 - North Carolina Egg Law.

Article 25A - North Carolina Egg Law.

Article 25B - Egg Promotion Tax.

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

Article 27 - Records of Purchases of Milk Products.

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

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

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

Article 28C - Grade "A" Milk Sanitation.

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

Article 30 - Board of Crop Seed Improvement.

Article 31 - North Carolina Seed Law.

Article 31A - Seed Potato Law.

Article 31B - Vegetable Plant Law.

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

Article 32 - Linseed Oil.

Article 33 - Adulterated Turpentine.

Article 34 - Animal Diseases.

Article 35 - Public Livestock Markets.

Article 35A - North Carolina Livestock Prompt Pay Law.

Article 35B - Livestock Dealer Licensing Act.

Article 36 - Plant Pests.

Article 37 - Cotton Grading.

Article 38 - Marketing Cotton and Other Agricultural Commodities.

Article 38A - Cotton Warehouse Act.

Article 38B - Cotton Gins, Warehouses, Merchants.

Article 39 - Leaf Tobacco Warehouses.

Article 40 - Leaf Tobacco Sales.

Article 41 - Dealers in Scrap Tobacco.

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

Article 43 - Combines and Power Threshers.

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