North Carolina General Statutes Chapter 106 Agriculture

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 Repealed by Session Laws 1995, c. 509, s. 52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
(a) Department and Board Established. - The Department of Agriculture and Consumer Services is created and established and shall be under the control of...
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 Repealed by Session Laws 1995, c. 509, s. 54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...
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 Repealed by Session Laws 1997-74, s. 1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 Repealed by Session Laws 1995, c. 509, s. 54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...
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...
N.C. Gen. Stat. § 106-6.3. Create special revenue fund for research stations
The Research Stations Fund is established as a special revenue fund within the Department of Agriculture and Consumer Services, Division of Research Stations. This...
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 Repealed by Session Laws 1995, c. 509, s. 54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 Repealed by Session Laws 1997-74, s. 2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 Repealed by Session Laws 1995, c. 509, s. 54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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-22.6. Exercise of enforcement powers
When any board, commission, or official within the North Carolina Department of Agriculture and Consumer Services has the authority to assess civil penalties, such...
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...
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...
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...
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...
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...
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)...
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...
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...
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...
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...
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...
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...
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...
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...
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...

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...
N.C. Gen. Stat. § 106-65.23. Structural Pest Control and Pesticides 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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...

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...
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...
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...
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...
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...
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...
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...
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 through 106-65.61. Repealed by Session Laws 2013-265, s. 12, effective July 17, 2013
N.C. Gen. Stat. § 106-65.55 through 106-65.61. Repealed by Session Laws 2013-265, s. 12, effective July 17, 2013
N.C. Gen. Stat. § 106-65.55 through 106-65.61. Repealed by Session Laws 2013-265, s. 12, effective July 17, 2013
N.C. Gen. Stat. § 106-65.55 through 106-65.61. Repealed by Session Laws 2013-265, s. 12, effective July 17, 2013
N.C. Gen. Stat. § 106-65.55 through 106-65.61. Repealed by Session Laws 2013-265, s. 12, effective July 17, 2013
N.C. Gen. Stat. § 106-65.55 through 106-65.61. Repealed by Session Laws 2013-265, s. 12, effective July 17, 2013
N.C. Gen. Stat. § 106-65.55 through 106-65.61. Repealed by Session Laws 2013-265, s. 12, effective July 17, 2013
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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,...
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...
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...
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...
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...
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.)
N.C. Gen. Stat. § 106-65.92. Reserved for future codification purposes
N.C. Gen. Stat. § 106-65.93. Reserved for future codification purposes
N.C. Gen. Stat. § 106-65.94. Reserved for future codification purposes

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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),

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...

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...
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...
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...
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...
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...
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,...
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....
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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....
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...

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...

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, Rendering Operations, and Waste Kitchen Grease Collection.

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...
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.
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-168.14A. Collectors of waste kitchen grease subject to certain provisions
(a) For purposes of this section, "collector of waste kitchen grease" means any person who collects waste kitchen grease for the purpose of selling...
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...
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 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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...

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...
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....
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...
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...
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...
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...
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...
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...
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 to engage in any of the...
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...
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...
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...

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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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,...
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...
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...
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,...
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...
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...
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...
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)...
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...
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...
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...
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...
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...
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...
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...
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.

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

N.C. Gen. Stat. § 106-246. Repealed by Session Laws 2013-265, s. 13, effective July 17, 2013
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,...
N.C. Gen. Stat. § 106-248. Repealed by Session Laws 2013-265, s. 14, effective July 17, 2013
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...
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,...
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...
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...
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...
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...
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...

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,...
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,...
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...
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...
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...
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...
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...

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,...
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...
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...
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...
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...
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...
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...

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...
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...
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...
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...
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...
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...
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...
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...

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...
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...
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...
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...
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...
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...
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,...
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...

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...
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....
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-277.19. Revocation, suspension, or refusal of license for cause; hearing; appeal
In accordance with Chapter 150B of the General Statutes, the Commissioner is authorized to suspend any seed license issued for a period not to...
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...
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...
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...
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...
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...
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...
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...
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...
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:...
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...
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...
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:...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...

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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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.,...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...

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...
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...
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....
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...
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...
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...
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 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,...
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...
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...
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...
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...
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...
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...
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 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...
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...
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,...
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...
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...
N.C. Gen. Stat. § 106-421.1. Authority of Board of Agriculture to regulate plants
The Board of Agriculture shall have the sole authority to prohibit the planting, cultivation, harvesting, disposal, handling, or movement of plants as defined in...
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...
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...
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...

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...
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...
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,...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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,...
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...
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...
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...
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,...
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....
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...
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...
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...
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...
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...
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...

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...
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...
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...
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,...
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...

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...
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...
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...
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...
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...
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....

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...
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...
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,...
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...
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...
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...
N.C. Gen. Stat. § 106-507. Repealed by Session Laws 2013-316, s. 5(d), effective January 1, 2014, and applicable to admissions purchased on or after that date
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...
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...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-516. Repealed by Session Laws 2013-316, s. 5(d), effective January 1, 2014
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,...
N.C. Gen. Stat. § 106-517 through 106-520. Repealed by Session Laws 2013-316, s. 5(d), effective January 1, 2014, and applicable to admissions purchased on or after that date
N.C. Gen. Stat. § 106-517 through 106-520. Repealed by Session Laws 2013-316, s. 5(d), effective January 1, 2014, and applicable to admissions purchased on or after that date
N.C. Gen. Stat. § 106-517 through 106-520. Repealed by Session Laws 2013-316, s. 5(d), effective January 1, 2014, and applicable to admissions purchased on or after that date
N.C. Gen. Stat. § 106-517 through 106-520. Repealed by Session Laws 2013-316, s. 5(d), effective January 1, 2014, and applicable to admissions purchased on or after that date
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,...
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...
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...
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...
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...
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...
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;...

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...
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...
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...
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...
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...
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...
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...

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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...

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...
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...
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...
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...
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,...
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...
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...
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...
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,...
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...
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,...
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,...
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...
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...

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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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,...
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...
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...

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...
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,...
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...
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...
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...
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...
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...
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...
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...
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,...
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....
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...
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....
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...
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,...

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...

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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...

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....
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:...
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...
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...
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...

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-568.38. Reserved for future codification purposes
N.C. Gen. Stat. § 106-568.39. Reserved for future codification purposes

Article 50D - Tobacco Growers Assessment Act.

N.C. Gen. Stat. § 106-568.40. Title
This Article shall be known as the "Tobacco Growers Assessment Act." (2013-311, s. 1.)
N.C. Gen. Stat. § 106-568.41. Purpose
It is in the public interest for the State to enable growers of tobacco to assess themselves in order to raise funds to promote...
N.C. Gen. Stat. § 106-568.42. Definitions
The following definitions apply in this Article: (1) Association. - The Tobacco Growers Association of North Carolina, Inc., a North Carolina nonprofit corporation. (2)...
N.C. Gen. Stat. § 106-568.43. Referendum
(a) The Association may conduct among tobacco growers a referendum upon the question of whether an assessment shall be levied on tobacco sold in...
N.C. Gen. Stat. § 106-568.44. Payment and collection of assessment
(a) The assessment shall not be collected unless more than two-thirds of the votes cast in the referendum are in favor of the assessment....
N.C. Gen. Stat. § 106-568.45. Use of assessments; refunds; annual audit
(a) At least once per month, the Department shall remit all funds collected under this Article to the Association. The Association shall use the...
N.C. Gen. Stat. § 106-568.46. Termination of assessment
Upon receipt of a petition signed by at least ten percent (10%) of the tobacco growers in North Carolina known to the Association, 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...
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...
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...
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...
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)...
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...
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...
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...
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...
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...
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...
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...
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....

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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-610. Grounds for refusal, suspension or revocation of license
The Commissioner may refuse to grant or renew any license, may suspend or may revoke any license upon a showing by substantial and competent...
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....
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...
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....
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...
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...
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,...
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...
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.
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...
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...
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...
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...
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.
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...
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)...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-701. When agricultural and forestry operation, etc., not constituted nuisance by changed conditions in or about the locality outside of the operation
(a) No agricultural or forestry operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions...
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...

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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 62A - Wine and Grape Growers Council.

N.C. Gen. Stat. § 106-755.1. North Carolina Wine and Grape Growers Council - Creation; powers and duties
There is created the North Carolina Wine and Grape Growers Council of the Department of Agriculture and Consumer Services. The North Carolina Wine and...
N.C. Gen. Stat. § 106-755.2. North Carolina Wine and Grape Growers Council - Composition; terms; reimbursement
(a) The North Carolina Wine and Grape Growers Council shall consist of 10 members who shall be appointed by the Commissioner of Agriculture as...

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...
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...
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...
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...
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...
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...
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...
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,...

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...
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....
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...
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....
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...
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...
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....
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...
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....
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...
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...
N.C. Gen. Stat. § 106-797. 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...
N.C. Gen. Stat. § 106-798.1. 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...
N.C. Gen. Stat. § 106-798.2. 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...

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);...
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...
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...
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...
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...
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...
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...
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...

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...
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...
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...
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...
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...
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"...
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....
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...
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...
N.C. Gen. Stat. § 106-826. Reserved for future codification purposes
N.C. Gen. Stat. § 106-827. Reserved for future codification purposes
N.C. Gen. Stat. § 106-828. Reserved for future codification purposes
N.C. Gen. Stat. § 106-829. Reserved for future codification purposes

Article 70 - North Carolina Sustainable Local Food Advisory Council.

N.C. Gen. Stat. § 106-830 through 106-833. Expired. See note
N.C. Gen. Stat. § 106-830 through 106-833. Expired. See note
N.C. Gen. Stat. § 106-830 through 106-833. Expired. See note
N.C. Gen. Stat. § 106-830 through 106-833. Expired. See note
N.C. Gen. Stat. § 106-834. Reserved for future codification purposes
N.C. Gen. Stat. § 106-835. Reserved for future codification purposes
N.C. Gen. Stat. § 106-836. Reserved for future codification purposes
N.C. Gen. Stat. § 106-837. Reserved for future codification purposes
N.C. Gen. Stat. § 106-838. Reserved for future codification purposes
N.C. Gen. Stat. § 106-839. Reserved for future codification purposes

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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-845. Reserved for future codification purposes
N.C. Gen. Stat. § 106-846. Reserved for future codification purposes
N.C. Gen. Stat. § 106-847. Reserved for future codification purposes
N.C. Gen. Stat. § 106-848. Reserved for future codification purposes
N.C. Gen. Stat. § 106-849. Reserved for future codification purposes

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...
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...
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...
N.C. Gen. Stat. § 106-853. Reserved for future codification purposes
N.C. Gen. Stat. § 106-854. Reserved for future codification purposes
N.C. Gen. Stat. § 106-855. Reserved for future codification purposes
N.C. Gen. Stat. § 106-856. Reserved for future codification purposes
N.C. Gen. Stat. § 106-857. Reserved for future codification purposes
N.C. Gen. Stat. § 106-858. Reserved for future codification purposes
N.C. Gen. Stat. § 106-859. Reserved for future codification purposes

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...
N.C. Gen. Stat. § 106-861. Reserved for future codification purposes
N.C. Gen. Stat. § 106-862. Reserved for future codification purposes
N.C. Gen. Stat. § 106-863. Reserved for future codification purposes
N.C. Gen. Stat. § 106-864. Reserved for future codification purposes
N.C. Gen. Stat. § 106-865. Reserved for future codification purposes
N.C. Gen. Stat. § 106-866. Reserved for future codification purposes
N.C. Gen. Stat. § 106-867. Reserved for future codification purposes
N.C. Gen. Stat. § 106-868. Reserved for future codification purposes
N.C. Gen. Stat. § 106-869. Reserved for future codification purposes

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....
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-888. Reserved for future codification purposes
N.C. Gen. Stat. § 106-889. Reserved for future codification purposes
N.C. Gen. Stat. § 106-890. Reserved for future codification purposes
N.C. Gen. Stat. § 106-891. Reserved for future codification purposes
N.C. Gen. Stat. § 106-892. Reserved for future codification purposes
N.C. Gen. Stat. § 106-893. Reserved for future codification purposes
N.C. Gen. Stat. § 106-894. Reserved for future codification purposes

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...
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...
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....
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...
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...
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...
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...
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...
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 North Carolina Forest Service involved in...
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...
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,...
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...
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...
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...
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...
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,...
N.C. Gen. Stat. § 106-911. Annual report on wildfires
No later than October 1 of each year, beginning October 1, 2012, the Commissioner shall submit a written report on wildfires in the State...
N.C. Gen. Stat. § 106-912. Reserved for future codification purposes
N.C. Gen. Stat. § 106-913. Reserved for future codification purposes
N.C. Gen. Stat. § 106-914. Reserved for future codification purposes
N.C. Gen. Stat. § 106-915. Reserved for future codification purposes
N.C. Gen. Stat. § 106-916. Reserved for future codification purposes
N.C. Gen. Stat. § 106-917. Reserved for future codification purposes
N.C. Gen. Stat. § 106-918. Reserved for future codification purposes
N.C. Gen. Stat. § 106-919. Reserved for future codification purposes

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...
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...
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,...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-927. Reserved for future codification purposes
N.C. Gen. Stat. § 106-928. Reserved for future codification purposes
N.C. Gen. Stat. § 106-929. Reserved for future codification purposes

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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-935. Reserved for future codification purposes
N.C. Gen. Stat. § 106-936. Reserved for future codification purposes
N.C. Gen. Stat. § 106-937. Reserved for future codification purposes
N.C. Gen. Stat. § 106-938. Reserved for future codification purposes
N.C. Gen. Stat. § 106-939. Reserved for future codification purposes

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...
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...
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,...
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...
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,...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-951. Reserved for future codification purposes
N.C. Gen. Stat. § 106-952. Reserved for future codification purposes
N.C. Gen. Stat. § 106-953. Reserved for future codification purposes
N.C. Gen. Stat. § 106-954. Reserved for future codification purposes

Article 79 - Firefighters on On-Call Status.

N.C. Gen. Stat. § 106-955. Definitions
As used in this Article: (1) "Firefighter" means an employee of the North Carolina Forest Service of the Department of Agriculture and Consumer Services...
N.C. Gen. Stat. § 106-956. On-call
(a) On-call is time during which a firefighter is required to be available to return to the duty station or respond to an emergency...
N.C. Gen. Stat. § 106-957. Reserved for future codification purposes
N.C. Gen. Stat. § 106-958. Reserved for future codification purposes
N.C. Gen. Stat. § 106-959. Reserved for future codification purposes
N.C. Gen. Stat. § 106-960. Reserved for future codification purposes
N.C. Gen. Stat. § 106-961. Reserved for future codification purposes
N.C. Gen. Stat. § 106-962. Reserved for future codification purposes
N.C. Gen. Stat. § 106-963. Reserved for future codification purposes
N.C. Gen. Stat. § 106-964. Reserved for future codification purposes

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...
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 North Carolina...
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....
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...
N.C. Gen. Stat. § 106-969. Adoption of rules
The North Carolina Forest Service of the Department of Agriculture and Consumer Services may adopt rules that govern prescribed burning under this Article. (1999-121,...
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...
N.C. Gen. Stat. § 106-971. Reserved for future codification purposes
N.C. Gen. Stat. § 106-972. Reserved for future codification purposes
N.C. Gen. Stat. § 106-973. Reserved for future codification purposes
N.C. Gen. Stat. § 106-974. Reserved for future codification purposes
N.C. Gen. Stat. § 106-975. Reserved for future codification purposes
N.C. Gen. Stat. § 106-976. Reserved for future codification purposes
N.C. Gen. Stat. § 106-977. Reserved for future codification purposes
N.C. Gen. Stat. § 106-978. Reserved for future codification purposes
N.C. Gen. Stat. § 106-979. Reserved for future codification purposes

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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
N.C. Gen. Stat. § 106-997. Reserved for future codification purposes
N.C. Gen. Stat. § 106-998. Reserved for future codification purposes
N.C. Gen. Stat. § 106-999. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1000. Reserved for future codification purposes

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...
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...
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...
N.C. Gen. Stat. § 106-1004. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1005. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1006. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1007. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1008. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1009. Reserved for future codification purposes

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...
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...
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...
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...
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...
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...
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....
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...
N.C. Gen. Stat. § 106-1019. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1020. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1021. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1022. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1023. Reserved for future codification purposes
N.C. Gen. Stat. § 106-1024. Reserved for future codification purposes

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...
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...
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...
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...
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...
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...
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...

Last modified: March 23, 2014