16 payments pursuant to N.C. Gen. Stat. sec. 166-665 be made to the consumer. The legislature likely anticipated that the payments pursuant to N.C. Gen. Stat. sec. 166-665 would provide the consumer a modicum of relief in circumstances where the amounts involved would not justify the cost of a civil action for damages. Respondent attempted to discredit Stevens using the fertilizer inspectors manual (inspectors manual) published by the Association of American Plant Food Control Officials (AAPFCO). North Carolina and Virginia are members of AAPFCO. Stevens edited the inspectors manual, and he authored a large portion of it. The inspectors manual instructs inspectors to treat the official fertilizer samples as evidence in a crime. Respondent seems to argue that since the inspectors are told to treat the fertilizer samples as evidence in a crime, then the fertilizer inspectors must be investigating a crime. Respondent reasons that the payments at issue are punishment for a criminal act. Respondent overlooks the several categories of conduct dealt with in the fertilizer laws. Some acts are punishable as misdemeanors. See N.C. Gen. Stat. sec. 106-668. Thus, instructing the fertilizer inspectors to treat every sample as evidence in a crime seems logical since, at the time the sample is taken, the inspector is unaware of which, if any, provision of the fertilizer law has been violated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011