reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-11 - Salary of Commissioner of Agriculture.

§ 106-11. Salary of Commissioner of Agriculture.
The salary of the Commissioner of Agriculture shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay shall be paid on the same basis as is provided to employees of the State who are subject to the North Carolina Human Resources Act. (1901, c. 479, s. 4; 1905, c. 529; Rev., s. 2749; 1907, c. 887, s. 1; 1913, c. 58; C. S., s. 3872; 1921, c. 25, s. 1; 1933, c. 282, s. 5; 1935, c. 293; 1937, c. 415; 1939, c. 338; 1943, c. 499, s. 1; 1947, c. 1041; 1949, c. 1278; 1953, c. 1, s. 2; 1957, c. 1; 1963, c. 1178, s. 4; 1967, c. 1130; c. 1237, s. 4; 1969, c. 1214, s. 4; 1971, c. 912, s. 4; 1973, c. 778, s. 4; 1975, 2nd Sess., c. 983, s. 19; 1977, c. 802, s. 42.10; 1983, c. 761, s. 208; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1987, c. 738, s. 32(b); 2013-382, s. 9.1(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-14 - To establish regulations for transportation of livestock.

§ 106-14. To establish regulations for transportation of livestock.
The Commissioner of Agriculture, by and with the consent and advice of the Board of Agriculture, shall promulgate and enforce such rules and regulations as may be necessary for the proper transporting of livestock by motor vehicle, and may require a permit for such vehicles if it becomes necessary in order to prevent the spread of animal diseases. This section shall not apply to any county having a local law providing for the vaccination of hogs against cholera. (1937, c. 427, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-21.1 - Feed Advisory Service; fee.

§ 106-21.1. Feed Advisory Service; fee.
The Department of Agriculture and Consumer Services shall operate a Feed Advisory Service for the analysis of animal feeds in order to provide a feeding management service to all animal producers in North Carolina. A fee of ten dollars ($10.00) shall accompany each feed sample sent to the Department for testing. A fee of seventy-five dollars ($75.00) shall accompany each feed sample which is to be tested for the presence of fumonisin. (1979, c. 1026; 1989, c. 544, s. 9; 1991, c. 649, s. 1; 1997-261, s. 21.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-21.2 - Food Bank information and referral service.

§ 106-21.2. Food Bank information and referral service.
The Department of Agriculture and Consumer Services may maintain an information and referral service for persons and organizations that have notified the department of their desire to donate food to a nonprofit organization or a nonprofit corporation. (1979, 2nd Sess., c. 1188, s. 2; 1997-261, s. 22.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-22.1 - State farms.

§ 106-22.1. State farms.
State-owned farmland, including timberland, allocated to the Department of Agriculture and Consumer Services for the State Farm Program, shall be managed by the Department for research, teaching, and demonstration in agriculture, forestry, and aquaculture. Research projects on the State farms shall be approved by the Department. The Department may sell surplus commodities produced on the farms. (1989, c. 500, s. 107(c); 1997-261, s. 23.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › §§ 106-22.2: Recodified as § 143B-344.23 by Session Laws 1998-212, s. 21(a).

§ 106-22.2: Recodified as § 143B-344.23 by Session Laws 1998-212, s. 21(a).
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-22.3 - Organic Production Program.

§ 106-22.3. Organic Production Program.
(a) The Board of Agriculture may establish rules, standards, guidelines, and policies for the establishment and implementation of a voluntary program for the certification of organically produced agricultural products.
(b) The Commissioner of Agriculture may enter into agreements with the United States Department of Agriculture and may apply for approval, accreditation, certification, or similar authority as may be necessary to comply with the requirements of the Organic Foods Production Act of 1990, Public Law 101-624. (1993, c. 147.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-22.4 - Llamas as livestock.

§ 106-22.4. Llamas as livestock.
Any rules adopted by the Board of Agriculture that affect llamas shall not refer to llamas as exotic or wild animals. It is the intent of the General Assembly that llamas be treated as domesticated livestock in order to promote the development and improvement of the llama industry in the State. This section does not prohibit the Board of Agriculture from classifying llamas for animal health purposes in accordance with generally accepted standards of veterinary medicine. For purposes of the section, "llama" means a South American camelid that is an animal of the genus llama. Llama includes llamas, alpacas, and guanacos. Llama does not include vicunas. (1997-84, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-22.5 - Agricultural tourism signs.

§ 106-22.5. Agricultural tourism signs.
(a) The Department of Agriculture and Consumer Services shall work with the Department of Transportation to provide directional signs on major highways at or in reasonable proximity to the nearest interchange leading to an agricultural facility that promotes tourism by providing tours and on-site sales or samples of North Carolina agricultural products to area tourists. The Department shall follow the sign location and placement rules of the Department of Transportation's Tourist-Oriented Directional Signs and Logo Signs programs.
(b) An agricultural facility must be open for business at least four days a week, 10 months of the year in order to qualify for the directional signs provided for in this section. The Department shall assess the facility the actual reasonable costs of the sign and its installation. (1999-356, s. 1; 2014-58, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-22.6 - Exercise of enforcement powers.

§ 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 authority shall not be construed to require the issuance of a monetary penalty when the board, commission, or official determines that nonmonetary sanctions, education, or training are sufficient to address the underlying violation. (2013-265, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-22.7 - New and emerging crops program.

§ 106-22.7. New and emerging crops program.
The Department of Agriculture and Consumer Services is authorized to create a program to advance and promote new and emerging crops. If the Department creates a new and emerging crops program, the Department shall merge its research initiative in bioenergy research into the program. (2018-5, s. 12.5(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-23 - Legislative assent to Adams Act for experiment station.

§ 106-23. Legislative assent to Adams Act for experiment station.
Legislative assent be and the same is hereby given to the purpose of an act of Congress approved March 16, 1906, entitled "An Act to provide for an increased annual appropriation for agricultural experiment stations, and regulating the expenditure thereof," known as the Adams Act, and the money appropriated by this act be and the same is hereby accepted on the part of the State for the use of the agricultural experiment station, and the whole amount shall be used for the benefit of the said agricultural experiment station, in accordance with the act of Congress making appropriations for agricultural experiment stations and governing the expenditure thereof. (1907, c. 793; C.S., s. 4689.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-24 - Collection and publication of information relating to agriculture; cooperation.

§ 106-24. Collection and publication of information relating to agriculture; cooperation.
(a) The Department of Agriculture and Consumer Services shall collect, compile, systematize, tabulate, and publish statistical information relating to agriculture. The Department is authorized to use sample surveys to collect primary data relating to agriculture. The Department is authorized to cooperate with the United States Department of Agriculture and the several boards of county commissioners of the State, to accomplish the purpose of this Part.
(b) The Department of Agriculture and Consumer Services shall biennially collect information on water use by persons who withdraw 10,000 gallons per day or more of water from the surface or groundwater sources of the State for activities directly related or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy products, livestock, poultry, and other agricultural products. The information shall be collected by survey conducted pursuant to subsection (a) of this section and in accordance with Title 7 United States Code Section 2276 (Confidential Information Protection and Statistical Efficiency Act). The Department shall develop the survey form in consultation with the Department of Environmental Quality. The Department shall report the results of the water use survey to the Environmental Review Commission no later than July 1 of each year in which the survey was collected and shall provide a copy of the report to the Department of Environmental Quality. The report shall include recommendations about modifications to the survey, including changes in the gallons per day threshold for water use data collection. The report shall provide agricultural water use data by county. If the county is located in more than one river basin, the report shall separate the county data to show agricultural water use by river basin within the county. If publication of county or watershed data would result in disclosure of an individual operation's water use, the data will be combined with data from another county or watershed. (1921, c. 201, s. 1; C.S., s. 4689(a); 1941, c. 343; 1975, c. 611, s. 1; 1979, c. 228, s. 1; 1997-261, s. 25; 2008-143, s. 2(a); 2013-265, s. 6; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-24.1 - Confidentiality of information collected and published.

§ 106-24.1. Confidentiality of information collected and published.
All information published by the Department of Agriculture and Consumer Services pursuant to this Part shall be classified so as to prevent the identification of information received from individual farm operators. All information generated by any federal agency received pursuant to this Chapter that is confidential under federal law shall be held confidential by the Department and its employees, unless confidentiality is waived by the federal agency. All information collected by the Department from farm owners or animal owners, including, but not limited to, certificates of veterinary inspection, animal medical records, laboratory reports received or generated from samples submitted for analysis, or other records that may be used to identify a person or private business entity subject to regulation by the Department shall not be disclosed without the permission of the owner unless the State Veterinarian determines that disclosure is necessary to prevent the spread of an animal disease or to protect the public health, or the disclosure is necessary in the implementation of these animal health programs. (1979, c. 228, s. 3; 1993, c. 5, s. 1; 1997-261, s. 26; 2002-179, s. 8; 2013-265, s. 7; 2015-263, s. 31; 2018-113, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 1 - Department of Agriculture and Consumer Services. › § 106-26.3 - Declaration of policy supporting sound science in agriculture.

§ 106-26.3. Declaration of policy supporting sound science in agriculture.
The General Assembly hereby finds and declares that it shall be the policy of this State to support and promote sound science in agriculture. For purposes of this section, "sound science in agriculture" means the use of science-based agricultural practices, technologies, or biological systems supported by research or otherwise demonstrated to lead to broad outcomes-based improvements, including such critical outcomes as increasing agricultural productivity and improving human health through access to safe, nutritious, affordable food and other agricultural products, including organically produced foods and products, while enhancing agricultural and surrounding environmental conditions through the stewardship of water, soil, air quality, biodiversity, and wildlife habitat. Further, the General Assembly finds and declares that it is in the interest of the people of this State to use sound science in agriculture to meet the needs of the present and to improve the ability of future generations to meet their own needs, while advancing progress toward environmental and economic goals and the well-being of agricultural producers and rural communities. (2015-263, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2 - North Carolina Fertilizer Law of 1947. › § 106-27 - through 106-50Superseded by G.S106-50.1 through 106-50.22.

Article 2.
North Carolina Fertilizer Law of 1947.
§§ 106-27 through 106-50: Superseded by G.S. 106-50.1 through 106-50.22.
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.31 - Registration of additives.

§ 106-50.31. Registration of additives.
Every soil additive distributed in North Carolina shall be registered with the Commissioner by the person whose name appears on the label on forms furnished by the Commissioner. The applicant shall furnish such information as the Commissioner may require. In determining the acceptability of any product for registration, the Commissioner may require proof of claims made for the soil additive. If no specific claims are made, the Commissioner may require proof of usefulness and value of the soil additive. As evidence of proof, the Commissioner may rely on experimental data furnished by the applicant and may require that such data be developed by a recognized research or experimental institution. The Commissioner may further require that such data be developed from tests conducted under conditions identical to or closely related to those present in North Carolina. The Commissioner may reject any data not developed under such conditions and may rely on the advice of the Director of the North Carolina Agricultural Experiment Station in evaluating data for registration.
The registration fee shall be one hundred dollars ($100.00) per year for each product. Registration shall expire on December 31, annually, unless an application for renewal has been received prior to the expiration date.
The application for registration shall include the following:
(1) The name and address of the registrant;
(2) Product name;
(3) Guaranteed analysis;
a. Active ingredients (name of each ingredient and percent)
b. Inert ingredients (name of each ingredient and percent)
(4) Directions for use;
(5) Purpose of product.
The application shall be accompanied by the label for the product and all advertisements including brochures, posters, or other information promoting the product. The registrant is responsible for all guaranteed analysis and claims appearing on the label. (1977, c. 233, s. 4; 1989, c. 544, s. 8.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.32 - Labeling of containers.

§ 106-50.32. Labeling of containers.
Every soil additive container shall be labeled on the face or display side in readable and conspicuous form showing:
(1) The product name;
(2) The guaranteed analysis;
(3) A statement of claim or purpose;
(4) Adequate directions for use;
(5) Net weight or volume;
(6) Name and address of registrant. (1977, c. 233, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.33 - When additive considered misbranded.

§ 106-50.33. When additive considered misbranded.
A soil additive shall be considered misbranded if:
(1) Its label or labeling is false or misleading in any particular;
(2) It is distributed under the name of another soil additive;
(3) It is represented as a soil additive or is represented to contain a soil additive unless such soil additive conforms to the soil additive definition in this Article. (1977, c. 233, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.34 - Records and reports of registrants.

§ 106-50.34. Records and reports of registrants.
Each registrant shall keep accurate records of his sales, and shall file a semiannual report covering the periods January 1 through June 30, and July 1 through December 31. Such reports shall be due within 30 days from the close of each period. If the report is not filed within the 30-day period or is false in any respect, the Commissioner may revoke the registration. For the purpose of auditing reports, each registrant shall make his records available for audit from time to time as the Commissioner may deem necessary. (1977, c. 233, s. 7.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.35 - Violations of Article.

§ 106-50.35. Violations of Article.
It shall be a violation of this Article for any person:
(1) To distribute an unregistered soil additive;
(2) To distribute an unlabeled soil additive;
(3) To distribute a misbranded soil additive;
(4) To distribute an "adulterated" soil additive;
(5) To fail to comply with a "stop sale, use or removal" order; or
(6) To fail to submit semiannual reports. (1977, c. 233, s. 8.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.36 - Inspection and sampling of additives.

§ 106-50.36. Inspection and sampling of additives.
The Commissioner is authorized to enter upon any public or private property with permission or with a proper court order during normal business hours for the purpose of inspecting or sampling any soil additive to determine if such additive is being distributed in compliance with the provisions of this Article. In the examination of such samples, the Commissioner may rely on such tests as he may establish as necessary for the enforcement of this Article. (1977, c. 233, s. 9.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.37 - Stop sale, etc., orders.

§ 106-50.37. Stop sale, etc., orders.
The Commissioner may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil additive, and hold at a designated place, any such lot of soil additive which the Commissioner determines does not comply with the provisions of this Article. When such soil additive has been made to comply with the provisions of this Article, it shall then be released in writing by the Commissioner. (1977, c. 233, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.38 - Injunctions.

§ 106-50.38. Injunctions.
The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Article or regulations adopted hereunder, in the Superior Court of Wake County, or in the superior court of the county in which such violation occurs or is about to occur. (1977, c. 233, s. 11.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.39 - Refusal or revocation of registration.

§ 106-50.39. Refusal or revocation of registration.
The Commissioner shall refuse to register any soil additive which fails to comply with the provisions of this Article, and may revoke, after opportunity for a hearing, any registration, upon sufficient evidence that the registrant or any of his designated agents has used misleading, fraudulent, or deceptive practices in the distribution of any soil additive. (1977, c. 233, s. 12.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.40 - Rules and regulations.

§ 106-50.40. Rules and regulations.
The Board of Agriculture is authorized to promulgate and adopt, pursuant to Chapter 150B of the General Statutes of North Carolina, such rules and regulations as may be necessary to enforce the provisions of this Article. Such regulations may relate to, but shall not be limited to:
(1) Methods of inspection and sampling;
(2) Examination and analysis of samples;
(3) Designation of ingredients;
(4) Identity of product;
(5) Monetary penalties for samples not meeting guarantees;
(6) Acceptable ingredients for registration;
(7) Labeling format. (1977, c. 233, s. 13; 1987, c. 827, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 2A - North Carolina Soil Additives Act of 1977. › § 106-50.41 - Penalties.

§ 106-50.41. Penalties.
Any person violating the provisions of this Article or the regulations adopted thereunder, shall be guilty of a Class 2 misdemeanor. In addition, if any person continues to violate or further violates any provision of this Article after written notice from the Commissioner each day during which the violation continued or is repeated constitutes a separate violation subject to the foregoing penalties. (1977, c. 233, s. 14; 1993, c. 539, s. 739; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.22 - Title.

§ 106-65.22. Title.
This Article shall be known by the title of "Structural Pest Control Act of North Carolina of 1955." It is declared to be the policy of this State that the regulation of persons, corporations and firms engaged in the business of structural pest control in this State, as defined in G.S. 106-65.25, is in the public interest in order to ensure a high quality of workmanship and in order to prevent deception, fraud and unfair trade practices in the conduct of said business. The General Assembly finds that quality of structural pest control work is not easily determined by the general public due to the inaccessibility of the areas treated and the complexity of the methods of treatment. (1955, c. 1017; 1977, c. 231, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.29 - Rules and regulations.

§ 106-65.29. Rules and regulations.
In order to ensure that persons licensed and certified under this Article are capable of performing a high quality of workmanship, the Committee may adopt rules with respect to:
(1) The amount and kind of training required of an applicant for a license and certified applicator's card to engage in any one or more of the three phases of structural pest control, and the amount and kind of training required of an applicant for a registered technician's identification card.
(2) The type, frequency and passing score of any examination given an applicant for a license and certified applicator's card under this Article.
(3) The amount, kind and frequency of continuing education required of a licensee and certified applicator.
(4) The methods and materials to be used in performing any work authorized by the issuance of a license and certified applicator's card under this Article.
(5) The business records to be made and maintained by licensees and certified applicators under this Article necessary for the Committee to determine whether the licensee and certified applicator is performing a high quality of workmanship.
(6) The credentials and identification required of licensees and certified applicators, their employees and equipment, including service vehicles, when engaged in any work defined under this Article.
(7) Safety methods and procedures for structural pest control work.
(8) Fees for reinspection following a finding of a deviation, as defined by the Committee.
(9) Fees for training materials provided by the Committee or the Division. Such fees may be placed in a revolving fund to be used for training and continuing education purposes and shall not revert to the General Fund.
(9a) Efficacy data and other technical information to be submitted by registrants and manufacturers of pesticides and other materials or devices for review and approval, in order for the Committee and the enforcement agency to ensure the efficacy of pesticides and other materials or devices used in structural pest control in this State. This subdivision does not require either the Committee or the enforcement agency to disclose any information that is confidential information within the meaning of G.S. 132-1.2.
(10) The policies and programs set forth in this Article. (1955, c. 1017; 1967, c. 1184, s. 8; 1975, c. 570, s. 14; 1977, c. 231, s. 9; 1981, c. 495, s. 3; 1987, c. 368, s. 2; c. 827, s. 28; 1989, c. 725, s. 5; 1999-381, s. 7.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.30 - Inspectors; inspections and reports of violations; designation of resident agent.

§ 106-65.30. Inspectors; inspections and reports of violations; designation of resident agent.
(a) For the enforcement of the provisions of this Article the Commissioner is authorized to appoint one or more qualified inspectors and such other employees as are necessary in order to carry out and enforce the provisions of this Article. The inspectors shall be known as "structural pest control inspectors." The Commissioner may enforce compliance with the provisions of this Article by making or causing to be made periodical and unannounced inspections of work done by licensees and certified applicators under this Article who engage in or supervise any one or more phases of structural pest control as defined in G.S. 106-65.25. The Commissioner shall cause the prompt and diligent investigation of all reports of violations of the provisions of this Article and all rules and regulations adopted pursuant to the provisions hereof; provided, however, no inspection shall be made by a representative of the Commissioner of any property without first securing the permission of the owner or occupant thereof.
(b) Prior to the issuance or renewal of a license or certified applicator's identification card, every nonresident owner of a business performing any phase of structural pest control work shall designate in writing to the Commissioner or his authorized agent a resident agent upon whom service of notice or process may be made to enforce the provisions of this Article and rules and regulations adopted pursuant to the provisions hereof or any civil or criminal liabilities arising hereunder.
(c) The Commissioner shall have authority to appoint personnel of the Structural Pest Control and Pesticides Division as special inspectors and said special inspectors are hereby vested with the authority to arrest with a warrant, or to arrest without a warrant when a violation of this Article is being committed in their presence or they have reasonable grounds to believe that a violation of this Article is being committed in their presence. Said special inspectors shall take offenders before the several courts of this State for prosecution or other proceedings. The provisions of this section do not apply to any person holding a valid structural pest control license, or a certified applicator's identification card, or a registered technician's identification card as issued under the provisions of this Article. Special inspectors shall not be entitled to the benefits of the Law Enforcement Officers' Benefit and Retirement Fund or the benefits of the Law Enforcement Officers' and Others Death Benefit Act as provided for in Articles 12 and 12A of Chapter 143 of the General Statutes, respectively. (1955, c. 1017; 1967, c. 1184, s. 9; 1973, c. 556, s. 9; 1975, c. 570, s. 15; 1977, c. 231, s. 10; 1989, c. 725, s. 6; 1999-381, s. 8; 2013-265, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.32 - Administrative Procedure Act applicable.

§ 106-65.32. Administrative Procedure Act applicable.
A denial, suspension, or revocation of a license, certified applicator card, or identification card under this Article shall be made in accordance with Chapter 150B of the General Statutes. (1955, c. 1017; 1957, c. 1243, s. 5; 1967, c. 1184, s. 11; 1973, c. 556, s. 11; 1975, c. 570, s. 17; 1987, c. 827, s. 29.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.33 - Violation of Article, falsification of records, or misuse of registered pesticide a misdemeanor.

§ 106-65.33. Violation of Article, falsification of records, or misuse of registered pesticide a misdemeanor.
(a) Any person who shall be adjudged to have violated any provision of this Article or who falsifies any records required to be kept by this Article or by the rules and regulations pursuant to this Article or who uses a registered pesticide in a manner inconsistent with its labeling shall be guilty of a Class 2 misdemeanor. In addition, if any person continues to violate or further violates any provision of this Article after written notice from the Committee, the court may determine that each day during which the violation continued or is repeated constitutes a separate violation subject to the foregoing penalties.
(b) Nothing in this Article shall be construed to require the Committee or the Commissioner to initiate, or attempt to initiate, any criminal or administrative proceedings under this Article for a minor violation of this Article whenever the Committee or Commissioner determines that the public interest will be adequately served in the circumstances by a suitable written notice or warning. (1955, c. 1017; 1957, c. 1243, s. 6; 1967, c. 1184, s. 12; 1977, c. 231, s. 11; 1993, c. 539, s. 740; 1994, Ex. Sess., c. 24, s. 14(c); 1999-381, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.36 - Reciprocity; intergovernmental cooperation.

§ 106-65.36. Reciprocity; intergovernmental cooperation.
The Committee may cooperate or enter into formal agreements with any other agency of this State or its subdivisions or with any agency of any other state or of the federal government for the purpose of enforcing any of the provisions of this Article. (1973, c. 556, s. 13.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.37 - Financial responsibility.

§ 106-65.37. Financial responsibility.
(a) The Committee may require by regulation from a licensee or certified applicator or an applicant for a license or certified applicator's identification card under this Article evidence of his financial ability to properly indemnify persons suffering from the use or application of pesticides in the form of liability insurance or other means acceptable to the Committee. The amount of this insurance or financial ability shall be determined by the Committee.
(b) Any regulation adopted by the Committee pursuant to G.S. 106-65.29 to implement this section may provide for such conditions, limitations and requirements concerning the financial responsibility required by this section as the Committee deems necessary including but not limited to notice or reduction or cancellation of coverage and deductible provisions. Such regulations may classify financial responsibility requirements according to the separate license classifications and subclassifications as may be prescribed by the Committee. (1975, c. 570, s. 18.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.38 - Disposition of fees and charges.

§ 106-65.38. Disposition of fees and charges.
Except as otherwise provided in G.S. 106-65.41, all fees and charges received by the Division under this Article shall be deposited in the Department of Agriculture and Consumer Services General Fund Budget for the purpose of administration and enforcement of this Article, with proper approved accounting procedures accounting for all expenditures and receipts. (1977, c. 231, s. 12; 1997-261, s. 109; 1998-215, s. 5(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.39 - Judicial enforcement.

§ 106-65.39. Judicial enforcement.
The commissioner may apply to either the superior or district court for an injunction to prevent and restrain violations of this Article and the rules and regulations adopted under this Article, provided however, that the district court shall have original jurisdiction to hear and determine alleged misdemeanor violations of the Article and the rules and regulations of the committee. (1977, c. 231, s. 13; 1981, c. 836.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.40 - City privilege license tax prohibited.

§ 106-65.40. City privilege license tax prohibited.
A city, as defined in G.S. 160A-1(2), may not levy a privilege license tax on persons engaged in a business licensed under this Article. (1983, c. 193.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4C - Structural Pest Control Act. › § 106-65.41 - Civil penalties.

§ 106-65.41. Civil penalties.
A civil penalty of not more than two thousand dollars ($2,000) may be assessed by the Committee against any person for any one or more of the causes set forth in G.S. 106-65.28(a)(1) through (12) and G.S. 106-65.28(a)(14) and (15), or who violates or directly causes a violation of any provision of this Article or any rule adopted pursuant to this Article. In determining the amount of any penalty, the Committee shall consider the degree and extent of harm caused by the violation. No civil penalty may be assessed under this section unless the person has been given an opportunity for a hearing pursuant to Chapter 150B of the General Statutes. Assessments may be collected, following judicial review, if any, of the Committee's final decision imposing the assessment, in any lawful manner for the collection of a debt.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1987, c. 368, s. 1; 1989, c. 725, s. 8; 1998-215, s. 5(a); 1999-381, s. 11.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4D - North Carolina Biological Organism Act. › § 106-65.44 - Definitions.

§ 106-65.44. Definitions.
For the purposes of this Article, unless the context clearly requires otherwise:
(1) The term "biological organism" means any plant, lower animal, virus or disease causal agent intended for release into the environment; or, an organism which affects the environment by its presence or absence.
(2) The term "Board" means North Carolina Board of Agriculture.
(3) The term "Commissioner" means the Commissioner of Agriculture of North Carolina or his designated agent or agents.
(4) The term "Division of Entomology" means the Division of the Department of Agriculture and Consumer Services. (1973, c. 713, s. 3; 1997-261, s. 30.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4D - North Carolina Biological Organism Act. › § 106-65.45 - Authority of the Board to adopt regulations.

§ 106-65.45. Authority of the Board to adopt regulations.
The Board of Agriculture is hereby authorized to adopt regulations to implement and carry out the purposes of this Article so as to protect the environment from detrimental importation, rearing, sale, and/or release of insects, parasites, predators and other biological organisms in North Carolina, and to protect organisms that are beneficial to man and/or his environment. No viable biological organism shall be brought into North Carolina, reared, collected, propagated or offered for sale or released except under such conditions as are prescribed by regulations adopted under the provisions of this Article. (1973, c. 713, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4D - North Carolina Biological Organism Act. › § 106-65.46 - Commissioner of Agriculture to enforce Article; further authority of Board.

§ 106-65.46. Commissioner of Agriculture to enforce Article; further authority of Board.
It shall be the duty of the Commissioner to exercise the powers and duties imposed upon him by this Article and such regulations as shall be adopted under these provisions for the purpose of protecting the environment from adverse effects of biological organisms released into the environment of North Carolina and to protect beneficial biological organisms in the State. The Board is hereby authorized to cause importation, collection, release, destruction and propagation of beneficial organisms when such action is deemed to be in the best interest of North Carolina and its environment. The Board is authorized to promote and/or regulate businesses, persons or agencies engaged in the importation, collection, rearing, sales, release, or use of biological organisms. The Board is authorized to establish standards of positive identification, purity of culture or colony, freedom from disease and hyperparasites of biological organisms and to establish standards of competence and responsibility for the private practitioner engaged in the propagation, use, distribution, release or sale of biological organisms.
The Commissioner is hereby authorized to cause or cooperate in management or mitigation programs to be conducted against such plant, environmental, or nuisance pests as can be controlled in an economically, ecologically, and biologically sound manner. The Board is authorized to cause use of pesticides, parasites, predators, pheromones, genetic material, and other control techniques which are consistent with the pesticide, environmental and other laws applicable in the State of North Carolina.
The Commissioner shall have authority to designate such employees of the North Carolina Department of Agriculture and Consumer Services and/or to enter into cooperative agreements with other governmental agencies as may be needed to carry out the duties and exercise the powers provided by this Article. Persons collaborating with the Division of Entomology may also be designated by the Commissioner as agents for the purpose of this Article. (1973, c. 713, s. 5; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4D - North Carolina Biological Organism Act. › § 106-65.47 - Authority under other statutes not abrogated; memoranda of understanding.

§ 106-65.47. Authority under other statutes not abrogated; memoranda of understanding.
The provisions of this Article shall in no way abrogate the authority as defined in other Articles of the General Statutes of the State of North Carolina as previously enacted. The Commissioner is hereby authorized to enter into memoranda of understanding with other State and federal agencies and individuals concerning biological organisms or pest mitigation programs when such action is desirable to ensure cooperation and prevent conflicts of interest. (1973, c. 713, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4D - North Carolina Biological Organism Act. › § 106-65.48 - Criminal penalties; violation of law or regulations.

§ 106-65.48. Criminal penalties; violation of law or regulations.
If anyone shall interfere with or attempt to interfere with the Commissioner or any of his agents, while engaged in the performance of his duties under this Article, or shall violate any provision of this Article or any regulation of the Board of Agriculture adopted pursuant to this Article, he shall be guilty of a Class 3 misdemeanor. Each day's violation shall constitute a separate offense. (1973, c. 713, s. 7; 1993, c. 539, s. 741; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4D - North Carolina Biological Organism Act. › § 106-65.49 - Article not applicable in certain cases.

§ 106-65.49. Article not applicable in certain cases.
The provisions of this Article and/or regulations promulgated hereunder shall not apply to:
(1) Any virus, serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, or other product propagated or manufactured and prepared at an establishment holding an unsuspended and unrevoked license issued pursuant to section 351 of the Public Health Service Act (42 U.S.C. section 262) and regulations promulgated thereunder;
(2) Any finished virus, serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product or other biological product shipped prior to licensing for development or investigational purposes in compliance with the requirements of the Federal Food, Drug and Cosmetic Act (21 U.S.C. section 301 et seq.) or the Animal Virus, Serum, and Toxin Law of March 4, 1913 (37 Stat. 832; 21 U.S.C. section 151 et seq.), and rules and regulations promulgated thereunder; and
(3) Any etiological agent shipped in accordance with regulations promulgated under section 361 of the Public Health Service Act (42 U.S.C. section 264). (1973, c. 1091.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4F - Uniform Boll Weevil Eradication Act. › § 106-65.68 - Declaration of policy.

§ 106-65.68. Declaration of policy.
The Anthonomus grandis Boheman, known as the boll weevil, is hereby declared to be a public nuisance, a pest, and a menace to the cotton industry. The purpose of this Article is to secure the eradication of the boll weevil. (1975, c. 958, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4F - Uniform Boll Weevil Eradication Act. › § 106-65.69 - Definitions.

§ 106-65.69. Definitions.
As used in this Article, the following words shall have the meaning stated below, unless the context requires otherwise:
(1) Boll Weevil. – Anthonomus grandis Boheman, the boll weevil, in any stage of development.
(2) Certificate. – A document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with boll weevils.
(3) Commissioner. – The Commissioner of Agriculture of this State or any officer or employee of the Department of Agriculture and Consumer Services or designated cooperator to whom authority to act in his stead has been or hereafter may be delegated.
(4) Cotton. – Any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(5) Host. – Any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(6) Infested. – Actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists.
(7) Permit. – A document issued or authorized by the Commissioner to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing.
(8) Person. – Any individual, corporation, company, society, or association, or other business entity.
(9) Regulated Article. – Any article of any character carrying or capable of carrying the boll weevil, including, but not limited to cotton plants, seed cotton, other hosts, gin trash, and mechanical cotton pickers, as designated by regulations of the Commissioner. (1975, c. 958, s. 3; 1997-261, s. 31.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4F - Uniform Boll Weevil Eradication Act. › § 106-65.70 - Cooperative programs authorized.

§ 106-65.70. Cooperative programs authorized.
The Commissioner is hereby authorized and directed to carry out programs to destroy and eliminate boll weevils in this State. The Commissioner is authorized to cooperate with any agency of the federal government or any state contiguous to this State, any other agency in this State, or any person engaged in growing, processing, marketing, or handling cotton, or any group of such persons, in this State, in programs to effectuate the purposes of this Article, and may enter into written agreements to effectuate such purposes. Such agreements may provide for cost sharing, and for division of duties and responsibilities under this Article and may include other provisions generally to effectuate the purposes of this Article. (1975, c. 958, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4F - Uniform Boll Weevil Eradication Act. › § 106-65.71 - Entry of premises; eradication activities; inspections.

§ 106-65.71. Entry of premises; eradication activities; inspections.
The Commissioner, or his authorized representative, shall have authority, as provided in this section, to enter cotton fields and other premises in order to carry out such activities, including but not limited to treatment with pesticides, monitoring, and destruction of growing cotton and/or other host plants, as may be necessary to carry out the provisions of this Article. The Commissioner, or his authorized representative, shall have authority to make inspection of any fields or premises in this State and any property located therein or thereon for the purpose of determining whether such property is infested with the boll weevil. Such inspection and other activities may be conducted at any hour with the permission of the owner or person in charge. If permission is denied the Commissioner or his authorized representative, such inspection and other activities may be conducted without a warrant with respect to any outdoor premises, if conducted in a reasonable manner between the hours of sunrise and sunset. Such inspections and other activities may be conducted in a reasonable manner, with a warrant, with respect to any premises. Any judge of this State may, within his territorial jurisdiction, and upon proper cause to believe that any cotton or other regulated article is in or upon any premises in this State, issue warrants for the purpose of conducting administrative inspections and other activities authorized by this Article. (1975, c. 958, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 4F - Uniform Boll Weevil Eradication Act. › § 106-65.72 - Reports.

§ 106-65.72. Reports.
Every person growing cotton in this State shall furnish to the Commissioner, or his authorized representative, on forms supplied by the Commissioner, such information as the Commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes. (1975, c. 958, s. 6.)