reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35A - North Carolina Livestock Prompt Pay Law. › § 106-418.7 - Authority of Board of Agriculture, North Carolina Public Livestock Market Advisory Board and the Commissioner.

§ 106-418.7. Authority of Board of Agriculture, North Carolina Public Livestock Market Advisory Board and the Commissioner.
The Board of Agriculture shall establish rules and regulations pertaining to the purchase and payment of livestock sold in this State at public livestock markets. The North Carolina Public Livestock Market Advisory Board shall recommend rules and regulations pertaining to the administration of this Article to the Board of Agriculture for their consideration. The Commissioner is authorized to revoke any livestock market operator's license issued or to refuse to issue a livestock market license to any person as hereinafter provided upon satisfactory proof that said person has repeatedly violated any of the provisions of this Article or any of the rules and regulations made and promulgated thereunder; provided that no license shall be revoked or refused until the person, firm or corporation shall have first been given an opportunity to appear at a hearing before the Commissioner or his agent. Any person who is refused a license, or whose license is revoked by any order of the Commissioner, may appeal within 30 days from said order to the Superior Court of Wake County or the superior court of the county of his residence. (1973, c. 38, s. 7; 1989, c. 770, s. 25.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35A - North Carolina Livestock Prompt Pay Law. › § 106-418.7A - Civil penalties.

§ 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 or any rule promulgated thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation.
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. (1995, c. 516, s. 10; 1998-215, s. 14.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.8 - Definitions.

§ 106-418.8. Definitions.
When used in this Article,
(1) The term "Commissioner" means the Commissioner of Agriculture of North Carolina;
(2) The term "livestock" means cattle, sheep, goats, swine, horses and mules;
(3) The term "livestock dealer" means any person who buys livestock (i) for his own account for purposes of resale, or (ii) for the account of others; and
(4) The term "person" means an individual, partnership, corporation, association, or other legal entity. (1973, c. 196.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.9 - Exemptions.

§ 106-418.9. Exemptions.
The provisions of this Article shall not apply to a person who offers for sale or trade only livestock which he has raised or livestock which he owns or has had in his possession for a period of 30 days or longer or who has had the livestock grown under contract, and is not engaged in the business of buying, selling, trading, or negotiating the transfer of livestock. Neither shall this Article apply to a livestock market operator conducting sales in compliance with the Public Livestock Markets Act (General Statutes Chapter 106, Article 35). (1973, c. 196.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.10 - Prohibited conduct.

§ 106-418.10. Prohibited conduct.
It shall be unlawful for any person to:
(1) Carry on or conduct the business of a livestock dealer without a current valid license issued by the North Carolina Department of Agriculture and Consumer Services under the provisions of this Article;
(2) Fail to keep the records required by G.S. 106-418.13. (1973, c. 196; 1997-261, s. 52.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.11 - Licenses.

§ 106-418.11. Licenses.
(a) Any person desiring to be licensed as a livestock dealer shall make application to the Commissioner. Such application shall contain the address, both business and personal, of the applicant. No financial information shall be required from the applicant.
Whenever an applicant has complied with this Article, the Commissioner shall issue to such applicant a license which shall entitle the licensee to engage in the business of livestock dealer for a period of one year, unless such license is sooner suspended, or revoked in accordance with the provisions of this Article.
The license may be renewed annually by written request to the Commissioner on a form prepared by the Department of Agriculture and Consumer Services, which form shall require only the name and current address of the licensee. No renewal fee shall be charged.
(b) The Commissioner may suspend for a period not to exceed 120 days the license of any livestock dealer whom the Commissioner finds has violated G.S. 106-418.10(2). For a second violation of G.S. 106-418.10(2) within a period of two years, the Commissioner may revoke a dealer's license.
(c) The Commissioner may refuse to issue a license to any person who has (i) within five years of his application therefor, been finally adjudicated as having on two or more occasions violated the provisions of G.S. 106-418.10(1) or (ii) on three or more occasions within five years of his application therefor been finally adjudicated as violating G.S. 106-418.10(2).
(d) All proceedings relative to the suspension, revocation, or refusal of a license shall be conducted pursuant to the provisions of Chapter 150B of the General Statutes. (1973, c. 196; c. 1331, s. 3; 1975, c. 19, s. 34; 1987, c. 827, s. 1; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.12 - Hearings.

§ 106-418.12. Hearings.
Any hearing required or permitted to be held pursuant to this Article may be conducted by the Commissioner or his delegate and his decision shall be treated for all purposes as that of the Commissioner. (1973, c. 196.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.13 - Maintenance of records.

§ 106-418.13. Maintenance of records.
Every livestock dealer shall keep complete records for at least one year of all transactions involving livestock and permit any authorized agent of the Commissioner to have access to and to copy all records relating to such transactions. Such records shall consist of the approximate age, breed and species of the livestock, the date of sale, name and address of persons from whom and to whom livestock are sold and traded. (1973, c. 196.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.14 - Penalties.

§ 106-418.14. Penalties.
Any person who violates G.S. 106-418.10(1) is guilty of a Class 3 misdemeanor. For a second or subsequent violation of G.S. 106-418.10(1), a person is guilty of a Class 2 misdemeanor. (1973, c. 196; 1999-408, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 35B - Livestock Dealer Licensing Act. › § 106-418.16 - Civil penalties.

§ 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 or any rule promulgated thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation.
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. (1995, c. 516, s. 11; 1998-215, s. 15.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-419 - Plant pest defined.

§ 106-419. Plant pest defined.
A plant pest is hereby defined to mean any insect, mite, nematode, other invertebrate animal, disease, noxious weed, plant or animal parasite in any stage of development which is injurious to plants and plant products. (1957, c. 985.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-419.1 - Plants, plant products and other objects exposed to plant pests.

§ 106-419.1. Plants, plant products and other objects exposed to plant pests.
Any plant, plant product, object or article which has been, or which the Commissioner of Agriculture or his agents have reasonable grounds to believe has been exposed to a plant pest, may be treated as a plant pest for the purposes of this Article. (1971, c. 526.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-420 - Authority of Board of Agriculture to adopt regulations.

§ 106-420. Authority of Board of Agriculture to adopt regulations.
The Board of Agriculture is hereby authorized to adopt reasonable regulations to implement and carry out the purposes of this Article as to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside the State, and (iii) from outside the State to points within the State. The Board of Agriculture shall adopt regulations for eradicating such plant pests as it may deem capable of being economically eradicated, for repressing such as cannot be economically eradicated, and for preventing their spread within the State. Regulations may provide for quarantine of areas. It may also adopt reasonable regulations for preventing the introduction of dangerous plant pests from without the State, and for governing common carriers in transporting plants, articles or things liable to harbor such pests into, from and within the State. The Board is authorized, in order to control plant pests, to adopt regulations governing the inspection, certification and movement of nursery stock, (i) into the State from outside the State, (ii) within the State, and (iii) from within the State to points outside the State. The Board is further authorized to prescribe and collect a schedule of fees to be collected for its nursery inspection, nursery dealer certification, narcissus bulb inspection, plant pest inspection, phytosanitary certification, and plant pest certification activities. (1957, c. 985; 1991, c. 442, s. 1; 2021-180, s. 10.2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-420.1 - Agreements against plant pests.

§ 106-420.1. Agreements against plant pests.
The North Carolina Board of Agriculture is authorized to enter into agreements with any agency of the United States or any agency of another state for the eradication, suppression, control and prevention of spread of plant pests. The Commissioner of Agriculture is authorized to enter into agreements with any unit of local government in this State or any organization incorporated or unincorporated who has an interest in the control of plant pests for the eradication, suppression, control and prevention of spread of plant pests. (1971, c. 526.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-421 - Permitting uncontrolled existence of plant pests; nuisance; method of abatement.

§ 106-421. Permitting uncontrolled existence of plant pests; nuisance; method of abatement.
No person shall knowingly and willfully keep upon his premises any plant or plant product infested or infected by any dangerous plant pest, or permit dangerous plants or plant parasites to mature seed or otherwise multiply upon his land, except under such regulations as the Board of Agriculture may prescribe. All such infested or infected plants and premises are hereby declared public nuisances. The owner of such plants or premises shall, when notified to do so by the Commissioner of Agriculture, take such measures as may be prescribed to eradicate such pests. The notice shall be in writing and shall be mailed to the usual or last known address, or left at the ordinary place of business, of the owner or his agent. If such person fails to comply with such notice within such reasonable time as the notice prescribes, the Commissioner of Agriculture, through his duly authorized agents, shall proceed to take such measures as shall be necessary to eradicate such pests, and shall compute the actual costs of labor and materials used in eradicating such pests, and the owner of the premises in question shall pay to the Commissioner of Agriculture such assessed costs. No damages shall be awarded the owner of such premises for entering thereon and destroying or otherwise treating any infected or infested plants or soil when done by the order of the Commissioner of Agriculture. (1957, c. 985.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-421.1 - Authority of Board of Agriculture to regulate plants.

§ 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 G.S. 106-202.12. This section shall not prevent the designation of plants as noxious aquatic weeds pursuant to Article 15 of Chapter 113A of the General Statutes, nor shall it prevent the adoption or enforcement of city or county ordinances regulating the appearance of property or the handling and collection of solid waste. (2013-197, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-422 - Agents of Board; inspection.

§ 106-422. Agents of Board; inspection.
The Commissioner of Agriculture shall be the agent of the Board in enforcing these regulations, and shall have authority to designate such employees of the Department as may seem expedient 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 of Agriculture as agents for the purpose of this Article. The Commissioner of Agriculture, and any duly authorized agent of the Commissioner, shall have the authority to inspect vehicles or other means of transportation and its cargo suspected of carrying plant pests and to enter upon and inspect any premises between the hours of sunrise and sunset during every working day of the year to determine the presence or absence of injurious plant pests. Any duly authorized agent of the Commissioner shall have authority to stop or cause to be stopped on any highway or other public place, by any law-enforcement officer at the request of said authorized agent of the Commissioner, any vehicle or other means of transportation that is being used, or that the representative of the Commissioner has reasonable grounds to believe is being used, to transport or move any plant, plant product or seed in violation of the provisions of this Article. (1957, c. 985; 1967, c. 976.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-423 - Nursery inspection; nursery dealer's certificate; narcissus inspection.

§ 106-423. Nursery inspection; nursery dealer's certificate; narcissus inspection.
The Board of Agriculture shall have the authority to define nursery stock. The Commissioner of Agriculture shall have the right to cause all plant nurseries, and narcissus bulb fields where narcissus bulbs are commercially raised, within the State to be inspected at least once each year for serious plant pests. Every person, firm or corporation buying and reselling nursery stock shall register and secure a dealer's certificate for each location from which plants are sold. (1957, c. 985.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 36 - Plant Pests. › § 106-423.1 - Criminal penalties; violation of laws or regulations.

§ 106-423.1. Criminal penalties; violation of laws or regulations.
If anyone shall attempt to prevent inspection of his premises as provided in the preceding sections, or shall otherwise interfere with the Commissioner of Agriculture, or any of his agents, while engaged in the performance of his duties under this Article, or shall violate any provisions of this Article or any regulations 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. (1957, c. 985; 1993, c. 539, s. 782; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.7 - Definitions.

§ 106-451.7. Definitions.
As used in the Article, unless the context otherwise requires:
(1) "Board" means the North Carolina Board of Agriculture.
(2) "Commissioner" means the North Carolina Commissioner of Agriculture.
(3) "Person" means an individual, partnership, firm, corporation, association, or two or more people having a joint or common interest.
(4) "Producer" means a farmer or grower of cotton.
(5) "Receipt" means a warehouse receipt issued pursuant to this Article.
(6) "Warehouse" means any building, structure or other protected enclosure in which cotton is or may be stored for hire.
(7) "Warehouseman" means a person licensed by North Carolina Department of Agriculture and Consumer Services to engage in the business of storing cotton for hire. (1987, c. 840, s. 1; 1997-261, s. 54.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.8 - Board of Agriculture makes rules.

§ 106-451.8. Board of Agriculture makes rules.
The Board is empowered to make and enforce such rules and regulations as may be necessary to make effective the provisions of this Article, including fees for inspection of warehouses. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.9 - Commissioner of Agriculture to administer and enforce Article.

§ 106-451.9. Commissioner of Agriculture to administer and enforce Article.
The Commissioner of Agriculture shall have the following powers and duties under this Article:
(1) To administer and enforce the provisions of this Article.
(2) To assign and reassign the administrative and enforcement duties and functions assigned to him in this Article to one or more divisions within the Department of Agriculture and Consumer Services.
(3) To delegate to any division head and other officer or employee of the Department of Agriculture and Consumer Services any of the powers and duties given to the Department by statute or by rules promulgated pursuant to this Article.
(4) To investigate and determine upon application, whether the warehouse is suitable for the proper storage of cotton.
(5) To conduct investigations of the daily operations of every State licensed warehouse.
(6) To prescribe, within the limits of this Article, the duties of the warehousemen with respect to their care of and responsibility for cotton stored in licensed warehouses.
(7) To issue licenses for the operation of warehouses under this Article.
(8) To 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 administering or enforcing any of the provisions of this Article. (1987, c. 840, s. 1; 1997-261, s. 55.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.10 - Licensing of warehousemen.

§ 106-451.10. Licensing of warehousemen.
(a) The Commissioner, or his designated representative, is authorized, upon application to him, to issue to any person a license for the conduct of a cotton warehouse in accordance with this Article and such rules and regulations as may be made hereunder: Provided, that each such warehouse be found suitable for the proper storage of cotton, and that such person agree, as a condition to the granting of the license, to comply with and abide by all terms of this Article and the rules and regulations prescribed hereunder. All licenses issued pursuant to this Article shall expire on December 31 of each year. Any warehouseman may renew his license by filing a renewal application with the Commissioner on or before January 1 of each year.
(b) Each license application and license renewal application must include:
(1) A current financial statement prepared by a certified public accountant;
(2) Proof of the bond required by G.S. 106-451.11;
(3) A license fee of one hundred dollars ($100.00); and
(4) A certificate of insurance if insurance is required. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.11 - Bond required.

§ 106-451.11. Bond required.
(a) Any person applying for a license to conduct a warehouse pursuant to this Article shall, as a condition to the granting thereof, execute and file with the Commissioner a good and sufficient bond to the State to secure the faithful performance of his obligations as a warehouseman. Said bond shall be in such form and amount, shall have such surety or sureties, subject to service of process in suits on the bond within the State and shall contain such terms and conditions as the Commissioner may prescribe to carry out the purposes of this Article. Whenever the Commissioner, or his designated representative, shall determine that a previously approved bond is, or for any cause has become, insufficient, he may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this section, and unless the same be given within the time fixed by a written demand therefor the license of such warehouseman may be suspended or revoked.
(b) The Board may require as a condition to the granting of a license that the warehouseman maintain casualty insurance on the cotton stored in a warehouse licensed under this Article. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.12 - Action on bond by person injured.

§ 106-451.12. Action on bond by person injured.
Any person injured by the breach of any obligation to secure which a bond is given, under the provisions of this Article, shall be entitled to sue on the bond in his own name in any court of competent jurisdiction to recover the damages he may have sustained by such breach. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.13 - Suspension and revocation of license.

§ 106-451.13. Suspension and revocation of license.
The Commissioner, or his designated representative, may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license to any warehouseman conducting a warehouse under this Article, for any violation of or failure to comply with any provision of this Article or of the rules and regulations made hereunder, or upon the ground that unreasonable or exorbitant charges have been made for services rendered. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.14 - License to classify, grade and weigh cotton stored.

§ 106-451.14. License to classify, grade and weigh cotton stored.
The Commissioner or his designated representative, may upon presentation of satisfactory proof of competency, issue to any person a license to inspect, sample, or classify any cotton stored or to be stored in a warehouse licensed under this Article, according to condition, grade, or otherwise and to certificate the condition, grade, or other class thereof, or to weigh the same and certificate the weight thereof, or both to inspect, sample, or classify and weigh the same and to certificate the condition, grade, or other class and the weight thereof, upon condition that such person agree to comply with and abide by the terms of this Article and of the rules and regulations prescribed hereunder. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.15 - Suspension and revocation of license to classify, grade or weigh.

§ 106-451.15. Suspension and revocation of license to classify, grade or weigh.
Any license issued to any person to inspect, sample, or classify, or to weigh cotton under this Article may be suspended or revoked by the Commissioner or his designated representative, whenever he is satisfied, after opportunity afforded to the licensee concerned for a hearing, that such licensee has failed to inspect, sample, or classify, or to weigh the cotton correctly, or has violated any of the provisions of this Article or of the rules and regulations prescribed hereunder or that he has used his license or allowed it to be used for any improper purpose whatever. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.17 - Deposit of cotton deemed subject to Article.

§ 106-451.17. Deposit of cotton deemed subject to Article.
Any producer who deposits cotton for storage in a warehouse licensed under this Article shall be deemed to have deposited the same subject to the provisions of this Article and the rules and regulations prescribed hereunder. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.18 - Receipts for cotton stored.

§ 106-451.18. Receipts for cotton stored.
For all cotton stored in a warehouse licensed under this Article original receipts shall be issued by the warehouseman conducting the same, but no receipt shall be issued except for cotton actually stored in the warehouse at the time of the issuance thereof. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.19 - Contents of receipts.

§ 106-451.19. Contents of receipts.
Every receipt issued for cotton stored in a warehouse licensed under this Article shall contain the information required under the United States Warehouse Act, 7 U.S.C. § 214, et seq., and the regulations promulgated thereunder. (1987, c. 840, s. 1; 2006-112, s. 57.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.20 - Issuance of further receipt with original outstanding.

§ 106-451.20. Issuance of further receipt with original outstanding.
While an original receipt issued under this Article is outstanding and uncanceled by the warehouseman issuing the same no other or further receipt shall be issued for the cotton covered thereby or for any part thereof, except that in the case of a lost or destroyed receipt a new receipt, upon the same terms and subject to the same conditions and bearing on its face the number and date of the receipt in lieu of which it is issued, may be issued. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.21 - Delivery of products stored on demand; conditions to delivery.

§ 106-451.21. Delivery of products stored on demand; conditions to delivery.
A warehouseman conducting a warehouse licensed under this Article, in the absence of some lawful excuse, shall, without unnecessary delay, deliver the cotton stored therein upon a demand made either by the holder of a receipt for such cotton or by the depositor thereof if such demand be accompanied with (a) an offer to satisfy the warehouseman's lien; (b) an offer to surrender the receipt, if negotiable, with such endorsements as would be necessary for the negotiation of the receipt; and (c) a readiness and willingness to sign, when the cotton is delivered, an acknowledgment that it has been delivered if such signature is requested by the warehouseman. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.22 - Cancellation of receipt on delivery of cotton stored.

§ 106-451.22. Cancellation of receipt on delivery of cotton stored.
A warehouseman conducting a warehouse licensed under this Article shall plainly cancel upon the face thereof each receipt returned to him upon the delivery by him of the cotton for which the receipt is issued. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.23 - Records; report to Commissioner; compliance with provisions of Article, rules, and regulations.

§ 106-451.23. Records; report to Commissioner; compliance with provisions of Article, rules, and regulations.
Every warehouseman conducting a warehouse licensed under this Article shall keep in a place of safety complete and correct records of all cotton stored therein and withdrawn therefrom, of all warehouse receipts issued by him, and of the receipts returned to and canceled by him, shall make reports to the Commissioner concerning such warehouse and the condition, contents, operation, and business thereof in such form and at such times as he may require, and shall conduct said warehouse in all other respects in compliance with this Article and the rules and regulations made hereunder. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.24 - Examination of books, records, etc., of warehousemen.

§ 106-451.24. Examination of books, records, etc., of warehousemen.
The Commissioner is authorized through officials, employees, or agents of the Department of Agriculture and Consumer Services designated by him to examine all books, records, papers, and accounts of warehouses and all cotton stored in warehouses licensed under this Article and of the warehousemen conducting such warehouse relating thereof. (1987, c. 840, s. 1; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.25 - Inspectors to be bonded.

§ 106-451.25. Inspectors to be bonded.
Each inspector employed by the Commissioner for the inspection and examination of warehouses licensed under this Article shall be bonded in an amount not less than five thousand dollars ($5,000), or in such greater amount as the Commissioner deems necessary, for the faithful performance of his duties and for the proper accounting of all funds coming into his hands. The cost of the bond shall be paid by the Department of Agriculture and Consumer Services. (1987, c. 840, s. 1; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.26 - Liability of officials and employees.

§ 106-451.26. Liability of officials and employees.
No action may be brought in any court of this State against any State official or State employee on account of any act or omission in connection with the administration of this Article unless it be shown that such official or employee acted in bad faith and with corrupt intent. (1987, c. 840, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38A - Cotton Warehouse Act. › § 106-451.28 - Violation a misdemeanor; fraudulent or deceptive acts.

§ 106-451.28. Violation a misdemeanor; fraudulent or deceptive acts.
Any person who shall violate any provision of this Article or who shall engage in any fraudulent or deceptive practice in the operation of a warehouse licensed under this Article shall be guilty of a Class 1 misdemeanor. (1987, c. 840, s. 1; 1993, c. 539, s. 786; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38B - Cotton Gins, Warehouses, Merchants. › § 106-451.40 - Definitions.

§ 106-451.40. Definitions.
(1) "Cotton gin" means any cotton gin.
(2) "Cotton merchant" means any person who buys cotton from the producer for the purpose of resale, or acts as a broker or agent for the producer in arranging the sale of cotton. It does not include a person who buys cotton for his own use.
(3) "Cotton warehouse" means any enclosure in which producer-owned cotton is stored or held for longer than 48 hours. (1999-412, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38B - Cotton Gins, Warehouses, Merchants. › § 106-451.41 - Registration required.

§ 106-451.41. Registration required.
No person shall engage in business as a cotton gin, cotton warehouse, or cotton merchant without first having registered with the Commissioner of Agriculture. This shall include a cotton marketing cooperative or association that performs any of these functions. (1999-412, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38B - Cotton Gins, Warehouses, Merchants. › § 106-451.42 - Application; bond; display of certificate of registration.

§ 106-451.42. Application; bond; display of certificate of registration.
(a) A cotton gin, cotton warehouse, cotton merchant, or cotton marketing cooperative or association shall, on or before July 1 of each year, file an application for registration on a form provided by the Commissioner of Agriculture. A fee of twenty-five dollars ($25.00) shall be submitted with each application.
(b) An application for registration as a cotton warehouse shall also be accompanied by a bond in the amount of three hundred thousand dollars ($300,000) issued by a company authorized to issue surety bonds in North Carolina and shall be conditioned upon fulfillment of contractual obligations related to the purchase or storage of cotton. A bond shall not be required for a person who is licensed and bonded under the U.S. Warehouse Act.
(c) The registration certificate shall be conspicuously displayed at the place of business. (1999-412, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38B - Cotton Gins, Warehouses, Merchants. › § 106-451.43 - Records; receipts; other duties; denial of registration.

§ 106-451.43. Records; receipts; other duties; denial of registration.
(a) Cotton gins, cotton warehouses, cotton merchants, and cotton cooperatives or associations shall keep records of producer-owned cotton transactions for seven years, showing the producer's name, bale number, and bale weight.
(b) Cotton gins shall, within 48 hours of ginning, make available to the person from whom cotton was received, a paper document showing the bale number and weight for each bale of cotton ginned.
(c) Cotton gins, cotton warehouses, cotton merchants, and cotton cooperatives or associations shall not market, obligate for sale, or otherwise dispose of producer-owned cotton without written consent from the producer.
(d) Cotton gins, cotton warehouses, cotton merchants, and cotton cooperatives or associations shall assist the Commissioner of Agriculture or his agents in inspecting records of producer-owned cotton transactions. Cotton gins, cotton warehouses, cotton merchants, and cotton cooperatives or associations shall assist the Commissioner or his agents in weighing or reweighing a representative sample of cotton bales stored or held at their premises, using sampling procedures approved by the Board of Agriculture.
(e) Violation of any of the requirements of this section shall be grounds for denial, suspension, or revocation of registration under G.S. 106-451.41. (1999-412, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 38B - Cotton Gins, Warehouses, Merchants. › § 106-451.44 - Operation without registration unlawful; injunction.

§ 106-451.44. Operation without registration unlawful; injunction.
Engaging in business as a cotton gin, cotton warehouse, or cotton merchant without being registered under G.S. 106-451.41 is punishable as a Class 2 misdemeanor. In addition, the Commissioner of Agriculture may apply to any court of competent jurisdiction to obtain injunctive relief to prevent violations of this act. (1999-412, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 39 - Leaf Tobacco Warehouses. › § 106-453 - Oath of tobacco weigher; duty of weigher to furnish list of number and weight of baskets weighed.

§ 106-453. Oath of tobacco weigher; duty of weigher to furnish list of number and weight of baskets weighed.
All leaf tobacco sold upon the floor of any tobacco warehouse shall first be weighed by some reliable person 18 years of age or older, who shall have first sworn and subscribed to the following oath, to wit: "I do solemnly swear (or affirm) that I will correctly and accurately weigh all tobacco offered for sale at the warehouse of _______________________, and correctly test and keep accurate the scales upon which the tobacco so offered for sale is weighed." Such oath shall be filed in the office of the clerk of the superior court of the county in which said warehouse is situated.
Immediately upon the weighing of any lot or lots of tobacco, the tobacco weigher shall furnish, upon request, to the person delivering such tobacco to the scale for weighing a true list showing the number of baskets of tobacco weighed and the individual weight of each such basket so presented. (1895, c. 81, s. 2; Rev., s. 3043; C.S., s. 5125; 1951, c. 1105, s. 1; 1971, c. 1085, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 39 - Leaf Tobacco Warehouses. › § 106-454 - Warehouse proprietor, etc., to render bill of charges; penalty.

§ 106-454. Warehouse proprietor, etc., to render bill of charges; penalty.
The owner, operator, or person in charge of each warehouse shall render to each seller of tobacco at the warehouse a bill plainly stating the amount charged for weighing and handling, the amount charged for auction fees, and the commission charged on such sale, and it shall be unlawful for any other charge or fees to be made or accepted. Any person, firm, corporation, or any employee thereof, violating the provisions of this section shall be guilty of a Class 3 misdemeanor for the first offense, and for the second or additional offenses a Class 2 misdemeanor. (1895, c. 81, ss. 3, 4; Rev., s. 3044; C.S., s. 5126; 1973, c. 1305; 1993, c. 539, s. 787; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 39 - Leaf Tobacco Warehouses. › § 106-455 - Tobacco purchases to be paid for by cash or check to order.

§ 106-455. Tobacco purchases to be paid for by cash or check to order.
The proprietor of each and every warehouse shall pay for all tobacco sold in said warehouse either in cash or by giving to the seller a check payable to his order in his full name or in his surname and initials and it shall be unlawful to use any other method. Every person, firm or corporation violating the provisions hereof shall, in addition to any and all civil liability which may arise by law, be guilty of a Class 3 misdemeanor. (1931, c. 101, s. 1; 1939, c. 348; 1993, c. 539, s. 788; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 40 - Leaf Tobacco Sales. › § 106-461 - Nested, shingled or overhung tobacco.

§ 106-461. Nested, shingled or overhung tobacco.
It shall be unlawful for any person, firm or corporation to sell or offer to sale, upon any leaf tobacco warehouse floor, any pile or piles of tobacco, which are nested, or shingled, or overhung, or either as hereinafter defined:
(1) Nesting tobacco: That is, so arranging tobacco in the pile offered for sale that it is impossible for the buyer thereof to pull leaves from the bottom of such pile for the purpose of inspection;
(2) Shingling tobacco: That is, so arranging a pile of tobacco that a better quality of tobacco appears upon the outside and tobacco of inferior quality appears on the inside of such pile; and
(3) Overhanging tobacco: This is, so arranging a pile of tobacco that there are alternate bundles of good and sorry tobacco. (1933, c. 467, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 40 - Leaf Tobacco Sales. › § 106-462 - Sale under name other than that of true owner prohibited.

§ 106-462. Sale under name other than that of true owner prohibited.
It shall be unlawful for any person, firm or corporation to sell or offer for sale or cause to be sold, or offered for sale, any leaf tobacco upon the floors of any leaf tobacco warehouse, in the name of any person, firm or corporation, other than that of the true owner or owners thereof, which true owner's name shall be registered upon the warehouse sales book in which it is being offered for sale. (1933, c. 467, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 40 - Leaf Tobacco Sales. › § 106-463 - Allowance for weight of baskets and trucks.

§ 106-463. Allowance for weight of baskets and trucks.
It shall be unlawful for any person, firm or corporation in weighing tobacco for sale to permit or allow the basket and truck upon which such tobacco is placed for the purpose of obtaining such weight to vary more than two pounds from the standard or uniform weight of such basket and truck. (1933, c. 467, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 40 - Leaf Tobacco Sales. › § 106-464 - Violation made misdemeanor.

§ 106-464. Violation made misdemeanor.
Any person, firm or corporation violating the provisions of G.S. 106-461 to 106-463 shall be guilty of a Class 3 misdemeanor. (1933, c. 467, s. 4; 1993, c. 539, s. 789; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 44A - Fruit and Vegetable Handlers Registration Act. › § 106-501.1 - Definitions.

§ 106-501.1. Definitions.
The following definitions shall apply when used under this Article:
(1) "Commissioner" means the Commissioner of Agriculture of the State of North Carolina.
(2) "Consignment" means any transfer of fruits and vegetables by a seller to the custody of another person who acts as the agent for the seller for the purpose of selling such fruits and vegetables.
(3) "Department" means the Department of Agriculture and Consumer Services.
(4) "Farmer" means any person who produces fruits or vegetables or both.
(5) "Handler" means any person in the business of buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of any fruits and vegetables purchased from a North Carolina farmer, received on consignment from a North Carolina farmer, or received to be handled on net return basis from a North Carolina farmer.
(6) "Net return basis" means a purchase for sale of fruits and vegetables from a farmer or shipper at an unfixed or unstated price at the time the fruits and vegetables are shipped from the point of origin, and it shall include all purchases made "at the market price," "at net worth," and on similar terms, which indicate that the buyer is the final arbiter of the price to be paid.
(7) "Processing" means any act or operation that freezes, dehydrates, cans, or otherwise changes the physical form or characteristic of fruits and vegetables. (2018-113, s. 1(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 44A - Fruit and Vegetable Handlers Registration Act. › § 106-501.2 - Registration required.

§ 106-501.2. Registration required.
(a) Prior to conducting business in North Carolina, a handler shall register with the Department, free of cost, by providing to the Department the following information:
(1) The handler's name.
(2) The handler's principal place of business.
(3) The type of fruits and vegetables handled by the handler.
(4) The annual volume, in dollar amount, of fruits and vegetables handled by the handler in North Carolina.
(b) A handler shall update the Department within 60 calendar days of any change in information required under subdivision (a)(1), (a)(2), or (a)(3) of this section.
(c) A handler shall update the Department of the annual volume required under subdivision (a)(4) of this section by February 1st of each year.
(d) Information collected under this Article shall be held confidential by the Department and not subject to public records disclosure. (2018-113, s. 1(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 44A - Fruit and Vegetable Handlers Registration Act. › § 106-501.3 - Exemptions to registration.

§ 106-501.3. Exemptions to registration.
This Article shall not apply to:
(1) A farmer or group of farmers in the sale of fruits and vegetables produced by the farmer or group of farmers.
(2) A handler who pays at the time of purchase with United States cash currency or a cash equivalent, such as a money order, cashier's check, wire transfer, electronic funds transfer, or PIN-based debit transaction, or a credit card.
(3) A restaurant.
(4) A retailer that sells fruits and vegetables to end-use consumers through retail establishments or food stands operated by the company, its affiliates, or subsidiaries. (2018-113, s. 1(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 44A - Fruit and Vegetable Handlers Registration Act. › § 106-501.5 - Civil penalties.

§ 106-501.5. Civil penalties.
(a) The Commissioner may assess a civil penalty of not more than one hundred dollars ($100.00) per violation against any person or business entity who violates a provision of this Article or any rule adopted thereunder. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation. 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.
(b) Civil penalties for failure to register or provide updated information under this Article shall only be issued after a 15-calendar-day notice has been provided to the handler and the handler fails to remedy the deficiency within the 15 days. (2018-113, s. 1(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 44A - Fruit and Vegetable Handlers Registration Act. › § 106-501.6 - Injunctions.

§ 106-501.6. Injunctions.
In addition to the remedies provided in this Article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to any court of competent jurisdiction, and such court shall have jurisdiction upon hearing and for cause shown to grant, for a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this Article or any rule promulgated thereunder. Such injunction shall be issued without bond. (2018-113, s. 1(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 45 - Agricultural Societies and Fairs. › § 106-502 - Land set apart.

§ 106-502. Land set apart.
For the purpose of the operating of a State fair, expositions and other projects which properly represent the agricultural, manufacturing, industrial and other interests of the State of North Carolina, there is hereby dedicated and set apart 200 acres of land owned by the State or any department thereof within five miles of the State Capitol, the particular acreage to be selected, set apart, and approved by the Governor and Council of the State of North Carolina. (1927, c. 209, s. 1; 1959, c. 1186, s. 1.)