reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.18 - Container labeling.

§ 106-245.18. Container labeling.
(a) Any container or subcontainer in which eggs are marketed shall bear on the outside portion of the container, but not be limited to, the following:
(1) The applicable consumer grade provided for in this Article.
(2) The applicable size or weight class provided for in this Article.
(3) The word "eggs."
(4) The numerical count of the contents.
(5) The name and address of the packer or distributor. Words and numerals used to designate the grade and size shall be in clearly legible bold-faced type at least three-eighths inch in height. Any person intending to reuse a container shall obscure any inappropriate labeling thereon and relabel the container in accordance with this section prior to refilling the container with eggs. In any case, the address of the packer or distributor shall be shown in letters not exceeding three-eighths inch in height.
(b) The term "fresh" may only be applied to eggs conforming to the specifications for Grade A or better. No other descriptive term other than applicable grade and size may be applied. (1965, c. 1138, s. 1; 1973, c. 739, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.19 - Invoices.

§ 106-245.19. Invoices.
(a) Any person, except a producer marketing eggs to another person for candling and grading, when marketing eggs to a retailer, institutional consumer, or other person shall furnish to the purchaser at the time of delivery an invoice showing date of sale, name and address of the seller, name of purchaser, quantity, grade and size-weight classification.
(b) A copy of such invoice shall be kept on file by both the person selling and the purchaser at their respective places of business for a period of at least 30 days. (1955, c. 213, s. 7; 1965, c. 1138, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.20 - Advertisements.

§ 106-245.20. Advertisements.
No person shall advertise eggs for sale at a given price unless the unabbreviated grade or quality and size-weight are conspicuously designated in block letters at least half as high as the tallest letter in the word "eggs" or the tallest figure in the price, whichever is larger. The provisions of this section shall not apply to retailers who (i) display egg prices in the same manner as other products sold by the retailer at the retail establishment, excluding any items on sale or subject to a promotion, and (ii) comply with G.S. 106-245.15. (1955, c. 213, s. 7; 1965, c. 1138, s. 1; 2013-265, s. 11.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.21 - Rules and regulations.

§ 106-245.21. Rules and regulations.
The North Carolina Board of Agriculture is authorized to make and amend, from time to time, such rules and regulations as may be necessary to administer and enforce the provisions of this Article. Such rules and regulations shall be published and copies thereof made available to interested parties upon request therefor. (1955, c. 213, s. 8; 1965, c. 1138, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.22 - Sanitation.

§ 106-245.22. Sanitation.
(a) Any person engaged in the marketing of or the processing of eggs for marketing shall, in addition to maintaining egghandling facilities in a manner commensurate with laws governing food establishments, keep the eggs in a proper environment, in accordance with regulations promulgated by the North Carolina Board of Agriculture, to maintain quality. In addition, any container, including the packaging material therein, when used for the marketing of eggs shall be clean, unbroken and free from foreign odor. In all instances eggs shall, so far as possible and by use of all reasonable means, be protected from being soiled or dirtied by foreign matter. When cleaning is necessary a sanitary method approved by the Commissioner shall be employed.
(b) Repealed by Session Laws 1973, c. 739, s. 3. (1965, c. 1138, s. 1; 1973, c. 739, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.23 - Power of Commissioner.

§ 106-245.23. Power of Commissioner.
The Commissioner, or his authorized agents or representatives, may enter, during the regular business hours, any establishment or facility where eggs are bought, stored, offered for sale, or processed, in order to inspect and examine eggs, egg containers, and the premises, and to examine the records of such establishments or facilities relating thereto. (1955, c. 213, s. 10; 1965, c. 1138, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.24 - Penalties for violations; enjoining violations; venue.

§ 106-245.24. Penalties for violations; enjoining violations; venue.
(a) Any person who violates any provision of this Article shall be guilty of a Class 3 misdemeanor.
(b) In addition to the criminal penalties provided for above, the Commissioner of Agriculture may apply by equity to a court of competent jurisdiction, and such court shall have jurisdiction and for cause shown to grant temporary or permanent injunction, or both, restraining any person from violating, or continuing to violate, any provisions of this Article.
(c) Any proceeding for a violation of this Article may be brought in the county where the violator resides, has a place of business or principal office or where the act or omission or part thereof, complained of occurred. (1955, c. 213, s. 12; 1965, c. 1138, s. 1; 1993, c. 539, s. 750; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.25 - Warnings in lieu of criminal prosecutions.

§ 106-245.25. Warnings in lieu of criminal prosecutions.
Nothing in this Article shall be construed as requiring the Commissioner to report for criminal prosecution violations of this Article whenever he believes that the public interest will be adequately served and compliance with the Article obtained by a suitable written notice or warning. (1965, c. 1138, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.27 - Persons punishable as principals.

§ 106-245.27. Persons punishable as principals.
(a) Whoever commits any act prohibited by any section of this Article or aids, abets, induces, or procures its commission, is punishable as a principal.
(b) Whoever causes an act to be done which if directly performed by him or another would be a violation of the provisions of this Article, is punishable as a principal. (1965, c. 1138, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25A - North Carolina Egg Law. › § 106-245.28 - Act of agent as that of principal.

§ 106-245.28. Act of agent as that of principal.
In construing and enforcing the provisions of this Article, the act, omission, or failure, of any agent, officer or other person acting for or employed by an individual, association, partnership, corporation, or firm, within the scope of his employment or office shall be deemed to be the act, omission, or failure to [of] the individual, association, partnership, corporation, or firm as well as that of the person. (1965, c. 1138, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.30 - Legislative findings; purpose of Article.

§ 106-245.30 Legislative findings; purpose of Article.
The General Assembly finds and declares that eggs are important to the prosperity of this State and are a major source of income to a large segment of the State's population. Additional research, education, publicity, advertising and other means of promoting the sale and use of eggs are required to enhance the economical production and marketing of eggs and will be beneficial to the State as a whole. (1987, c. 815, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.31 - Definitions.

§ 106-245.31. Definitions.
As used in this Article:
(1) "Board" means the North Carolina Board of Agriculture.
(2) "Commissioner" means the Commissioner of Agriculture.
(3) "Department" means the North Carolina Department of Agriculture and Consumer Services. (1987, c. 815, s. 1; 1997-261, s. 43.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.32 - Levy of tax; rules.

§ 106-245.32. Levy of tax; rules.
An excise tax is levied on eggs and processed eggs sold for use in this State. The tax on eggs is five cents (5¢) for each case of 30 dozen eggs. The tax on processed eggs is eleven cents (11¢) for each 100 pounds of processed eggs sold for use in this State. The tax imposed by this section is payable only once on the same eggs or processed eggs.
Processed eggs include frozen eggs, liquid eggs, and hard-cooked eggs. "Use" means consumption by the consumer. The Board may adopt rules necessary to administer this tax. (1987, c. 815, s. 1; 1989 (Reg. Sess., 1990), c. 1001, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.33 - Report and payment of tax by handler; definition and functions of handler.

§ 106-245.33. Report and payment of tax by handler; definition and functions of handler.
(a) The tax imposed by this Article is payable monthly to the Department by the handler of eggs or processed eggs. The tax is due when a report is required to be filed. A handler shall file a report with the Department on a form provided by the Department within 20 days after the end of each month. The report shall state the volume of eggs or processed eggs handled by the handler during the preceding month.
(b) The term "handler" means any person who operates a grading station in North Carolina, a packer, huckster, or distributor who handles eggs in North Carolina, a farmer who packs, processes, or otherwise performs the functions of a handler in North Carolina, or a distributor or seller of processed eggs. The term "handler" includes any person in North Carolina who purchases eggs for sale or distribution or any farmer in North Carolina who sells or distributes eggs to anyone other than a registered handler.
For purposes of this Article, the functions of a handler of eggs or processed eggs include the sale, distribution, or other disposition of eggs or processed eggs in North Carolina regardless of where the eggs or processed eggs were produced or purchased.
The term "registered handler" means any person who has registered with the Department to receive monthly return forms for reporting the tax levied by this Article.
Every person, whether inside or outside the State, who engages in business in North Carolina as a handler is required to register and to collect and pay the tax due on all eggs or processed eggs sold for use in this State. A handler shall maintain a certificate of registration, file returns, and perform all other duties required of handlers. (1987, c. 815, s. 1; 1989 (Reg. Sess., 1990), c. 1001, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.34 - Exemptions.

§ 106-245.34. Exemptions.
Eggs sold by a handler who sells less than 500 cases a year are exempt from the tax levied under this Article. Processed eggs sold by a handler who sells less than 1,000 pounds of processed eggs a year are exempt from the tax levied under this Article. The Board shall establish a procedure for returning taxes paid on exempt eggs or processed eggs. (1987, c. 815, s. 1; 1989 (Reg. Sess., 1990), c. 1001, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.34A - Additional exemption.

§ 106-245.34A. Additional exemption.
The tax provided for herein shall not be levied upon any eggs which are assessed under the Agricultural Marketing Agreement Act of 1937 (7 USC 601 et seq.). (1987, c. 815, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.35 - Records to be kept by handler.

§ 106-245.35. Records to be kept by handler.
The handler shall keep a complete record of the eggs or processed eggs handled by him for a period of not less than two years from the time the eggs or processed eggs were handled. These records shall be open for inspection by the Commissioner or his duly authorized agents and shall be established and maintained as required by the Commissioner. (1987, c. 815, s. 1; 1989 (Reg. Sess., 1990), c. 1001, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.36 - Interest on tax; collection of delinquent tax.

§ 106-245.36. Interest on tax; collection of delinquent tax.
The tax imposed under the provisions of this Article and unpaid on the date on which the tax was due and payable shall bear interest at the rate determined in accordance with G.S. 105-241.21 from and after such due date until paid. If any person defaults in any payment of the tax or interest thereon, the amount shall be collected by a civil action in the name of the State and the person adjudged in default shall pay the cost of such action. The Attorney General, at the request of the Commissioner, shall institute such action in the proper court for the collection of the amount of any tax past due under this Article including interest thereon. (1987, c. 815, s. 1; 2007-491, s. 44(1)a.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.37 - North Carolina Egg Fund.

§ 106-245.37. North Carolina Egg Fund.
All moneys levied and collected under the provisions of this Article shall be deposited with the State Treasurer to a fund to be known as the "North Carolina Egg Fund". All moneys credited to the "North Carolina Egg Fund" are hereby appropriated to the North Carolina Egg Association, a North Carolina nonprofit corporation, for research, education, publicity, advertising, and other promotional activities for the benefit of producers of eggs sold in North Carolina. Moneys in the North Carolina Egg fund are held in trust for the benefit of producers of eggs sold in North Carolina and such moneys shall not be or become part of the General Fund. (1987, c. 738, s. 138(a); c. 815, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.38 - Violations.

§ 106-245.38. Violations.
(a) It shall be a Class 1 misdemeanor for any handler knowingly to report falsely to the Department the quantity of eggs or processed eggs handled by him during any period, to falsify the records of the eggs or processed eggs handled by him, to fail to keep a complete record of the eggs or processed eggs handled by him, or to fail to preserve the records for a period of not less than two years from the time the eggs or processed eggs are handled.
(b) It shall be a violation of the North Carolina Egg Law, Article 25A of this Chapter, for a handler to fail to register as required by this Article. Any eggs transported, sold, or offered for sale by a handler who is not a registered handler shall be subject to the stop-sale and penalty provisions of the North Carolina Egg Law. (1987, c. 815, s. 1; 1989 (Reg. Sess., 1990), c. 1001, s. 5; 1993, c. 539, s. 751; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 25B - Egg Promotion Tax. › § 106-245.39 - Effect on Article 50 of Chapter 106.

§ 106-245.39. Effect on Article 50 of Chapter 106.
After October 1, 1987 no egg assessment shall be collected under Article 50 of Chapter 106 of the General Statutes. (1987, c. 815, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-247 - Cleaning and sterilization of vessels and utensils.

§ 106-247. Cleaning and sterilization of vessels and utensils.
Suitable means or appliances shall be provided for the proper cleaning or sterilizing of freezers, vats, mixing cans or tanks, conveyors, and all utensils, tools and implements used in making or handling cream, ice cream, butter or cheese and all such apparatus shall be thoroughly cleaned as promptly after use as practicable. (1921, c. 169, s. 2; C.S., s. 7251(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-249 - Receivers of products to clean utensils before return.

§ 106-249. Receivers of products to clean utensils before return.
Every person, company, or corporation who shall receive milk, cream, or ice cream which is delivered in cans, bottles, or other receptacles, shall thoroughly clean same as soon as practicable after the contents are removed and before the said receptacles are returned to shipper or person from whom the same was received or before such receptacles are delivered to any carrier to be returned to shipper. (1921, c. 169, s. 4; C.S., s. 7251(d).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-250 - Correct tests of butterfat; tests by Board of Agriculture.

§ 106-250. Correct tests of butterfat; tests by Board of Agriculture.
Creameries and factories that purchase milk and cream from producers of same on a butterfat basis, and pay for same on their own test, shall make and pay on correct test, and any failure to do so shall constitute a violation of this Article. The Board of Agriculture, under regulations provided for in G.S. 106-253, shall have such test made of milk and cream sold to factories named herein that will show if dishonest tests and practices are used by the purchasers of such products. (1921, c. 169, s. 5; C.S., s. 7251(e).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-251 - Department of Agriculture and Consumer Services to enforce law; examinations.

§ 106-251. Department of Agriculture and Consumer Services to enforce law; examinations.
It shall be the duty of the Department of Agriculture and Consumer Services to enforce this Article, and the Board of Agriculture shall cause to be made by the experts of the Department such examinations of plants and products named herein as are necessary to insure the compliance with the provisions of this Article. For the purpose of inspection, the authorized experts of the Department shall have authority, during business hours, to enter all plants or storage rooms where cream, ice cream, butter, or cheese or ingredients used in the same are made, stored, or kept, and any person who shall hinder, prevent, or attempt to prevent any duly authorized expert of the Department in the performance of his duty in connection with this Article shall be guilty of a violation of this Article. (1921, c. 169, s. 6; C.S., s. 7251(f); 1997-261, s. 44.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-252 - Closure of plants for violation of Article; certificate to district attorney of district.

§ 106-252. Closure of plants for violation of Article; certificate to district attorney of district.
If it shall appear from the examinations that any provision of this Article has been violated, the Commissioner of Agriculture shall have authority to order the plant or place of manufacture closed until the law is complied with. If the owner or operator of the place refuses or fails to comply with the order, law or regulations, the Commissioner shall then certify the facts in the case to the district attorney in the district in which the violation was committed. (1921, c. 169, s. 7; C.S., s. 7251(g); 1973, c. 47, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-253 - Standards of purity and sanitation; regulating trade or brand names of frozen or semifrozen desserts.

§ 106-253. Standards of purity and sanitation; regulating trade or brand names of frozen or semifrozen desserts.
The Board of Agriculture is authorized to make such definitions and to establish such standards of purity for products and sanitation for plants or places of manufacture named herein with such regulations, not in conflict with this Article, as shall be necessary to make provisions of this Article effective and insure the proper enforcement of same, and the violation of said standards of purity or regulations shall be deemed to be a violation of this Article. The Board is authorized to require the posting of inspection certificates. It shall be unlawful for any person, firm or corporation to use the words "cream," "milk," or "ice cream," or either of them, or any similar sounding word or terms, as a part of or in connection with any product, trade name or brand of any frozen or semifrozen dessert manufactured, sold or offered for sale and not in fact made from dairy products under and in accordance with regulations, definitions or standards approved or promulgated by the Board of Agriculture. (1921, c. 169, s. 8; C.S., s. 7251(h); 1933, c. 431, s. 3; 1945, c. 846; 1959, c. 707, s. 3; 1981 (Reg. Sess., 1982), c. 1359, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-254 - Inspection fees; wholesalers; retailers and cheese factories.

§ 106-254. Inspection fees; wholesalers; retailers and cheese factories.
For the purpose of defraying the expenses incurred in the enforcement of this Article, the owner, proprietor or operator of each ice cream factory where ice cream, milk shakes, milk sherbet, sherbet, water ices, mixes for frozen or semifrozen desserts and other similar frozen or semifrozen food products are made or stored, or any cheese factory or butter-processing plant that disposes of its products at wholesale to retail dealers for resale in this State shall pay to the Commissioner of Agriculture each year an inspection fee of one hundred dollars ($100.00). Each maker of ice cream, milk shakes, milk sherbet, sherbet, water ices and/or other similar frozen or semifrozen food products who disposes of his product at retail only, and cheese factories, shall pay to the Commissioner of Agriculture an inspection fee of fifty dollars ($50.00) each year. The inspection fee of fifty dollars ($50.00) shall not apply to conventional spindle-type milk-shake mixers, but shall apply to milk-shake dispensing and vending machines, which operate on a continuous or automatic basis. (1921, c. 169, s. 9; C.S., s. 7251(i); 1933, c. 431, s. 4; 1959, c. 707, s. 4; 1961, c. 791; 1989, c. 544, s. 15; 2015-241, s. 13.5(a); 2015-268, ss. 5.2(a), (b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 26 - Inspection of Ice Cream Plants, Creameries, and Cheese Factories. › § 106-255 - Violation of Article a misdemeanor; punishment.

§ 106-255. Violation of Article a misdemeanor; punishment.
Any person, firm, or corporation who shall violate any of the provisions of this Article shall be guilty of a Class 3 misdemeanor, and upon conviction thereof shall only be fined not to exceed twenty-five dollars ($25.00) for the first offense, and for each subsequent offense in the discretion of the court. (1921, c. 169, s. 10; C.S., s. 7251(j); 1993, c. 539, s. 752; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28 - Records and Reports of Milk Distributors and Processors. › § 106-260 - "Milk" defined.

§ 106-260. "Milk" defined.
Wherever the word "milk" appears hereinafter in this Article, it shall be construed to include all whole milk, cream, chocolate milk, buttermilk, skim milk, special milk and all flavored milk, including flavored drinks, skim condensed, whole condensed, dry milks and evaporated. (1941, c. 162, s. 1; 1951, c. 1133, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28 - Records and Reports of Milk Distributors and Processors. › § 106-262 - Powers of Commissioner of Agriculture.

§ 106-262. Powers of Commissioner of Agriculture.
The Commissioner of Agriculture is hereby authorized and empowered:
(1) To require such reports as will enable him to determine the quantities of milk purchased and the classification in which it was used or disposed;
(2) To designate any area of the State as a natural marketing area for the sale or use of milk or milk products;
(3) To set up classifications for the sale or use of milk or milk products for each marketing area after full, complete and impartial hearing. Due notice of such hearing shall be given.
(4) To make rules and regulations and issue orders necessary to carry out and enforce the provisions of this Article, including the supervision of producer bases and other production incentive plans; methods of uniform and equitable payments to all producers selling milk to the same firm, person or corporation; uniform methods of computing weights of milk and/or milk products; and maximum handling and transportation charges for milk sold and/or transferred between plants. (1941, c. 162, s. 3; 1951, c. 1133, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28 - Records and Reports of Milk Distributors and Processors. › § 106-263 - Distribution of milk in classification higher than that in which purchased.

§ 106-263. Distribution of milk in classification higher than that in which purchased.
It shall be unlawful for any operator of a milk processing plant or any milk distributor, required to make reports under this Article, or their affiliates or subsidiaries, to sell, use, transfer, or distribute any milk in a classification higher than the classification in which it was purchased, except in an emergency declared and approved in writing by the local board of health having supervision of operators and distributors on such market for a period of two weeks, and such period may be extended if, in the opinion of the local board of health, an emergency still exists at the end of such two weeks' period. (1941, c. 162, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28 - Records and Reports of Milk Distributors and Processors. › § 106-264 - Inspections and investigations by Commissioner.

§ 106-264. Inspections and investigations by Commissioner.
For the purpose of administering this Article the Commissioner of Agriculture or his agent is hereby authorized to enter at all reasonable hours all places where milk is being stored, bottled, or processed, or where milk is being bought, sold, or handled, or where books, papers, records, or documents relating to such transactions are kept, and shall have the power to inspect and copy the same in any place within the State, and may take testimony for the purpose of ascertaining facts which in the judgment of the Commissioner are necessary to administer this Article. The Commissioner shall have the power to determine the truth and accuracy of said books, records, papers, documents, accounts, and reports required to be furnished by milk distributors, their affiliates or subsidiaries in accordance with the provisions of this Article. (1941, c. 162, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28 - Records and Reports of Milk Distributors and Processors. › § 106-265 - Failure to file reports, etc., made unlawful.

§ 106-265. Failure to file reports, etc., made unlawful.
It shall be unlawful for any person, firm or corporation engaged in the business herein regulated to fail to furnish the information and file the reports required by this Article, and each day's failure to furnish the reports required hereunder shall constitute a separate offense. (1941, c. 162, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28 - Records and Reports of Milk Distributors and Processors. › § 106-266 - Violation made misdemeanor.

§ 106-266. Violation made misdemeanor.
Any person, firm, or corporation violating any of the provisions of this Article and/or any rule, regulation or order promulgated in accordance with the provisions of this Article shall be guilty of a Class 1 misdemeanor. (1941, c. 162, s. 7; 1951, c. 1133, s. 4; 1993, c. 539, s. 753; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28C - Grade "A" Milk Sanitation. › § 106-266.30 - Definitions.

§ 106-266.30. Definitions.
The following definitions shall apply throughout this Article:
(1) "Grade 'A' milk" means fluid milk and milk products which have been produced, transported, handled, processed and distributed in accordance with the provisions of the rules adopted by the Board of Agriculture.
(2) "Milk" means the lacteal secretion practically free from colostrum obtained by the milking of one or more cows, goats, or other lactating animals. (1983, c. 891, s. 2; 2004-195, s. 6.1; 2011-145, s. 13.3(l), (m).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28C - Grade "A" Milk Sanitation. › § 106-266.31 - Board to adopt rules.

§ 106-266.31. Board to adopt rules.
The Board of Agriculture shall adopt rules relating to the sanitary production, transportation, processing and distribution of Grade "A" milk. The rules, in order to protect and promote the public health, shall provide definitions and requirements for: (i) the sanitary production and handling of milk on Grade "A" dairy farms; (ii) the sanitary transportation of Grade "A" raw milk for processing; (iii) the sanitary processing of Grade "A" milk; (iv) the sanitary handling and distribution of Grade "A" milk; (v) the requirements for the issuance, suspension and revocation of permits; and (vi) the establishment of quality standards for Grade "A" milk. The rules shall be no less stringent than the 1978 Pasteurized Milk Ordinance recommended by the U.S. Public Health Service/Food and Drug Administration as amended effective January 1, 1982. The Board of Agriculture may adopt by reference the U.S. Public Health Service/Food and Drug Administration 1978 Pasteurized Milk Ordinance, as amended. (1983, c. 891, s. 2; 1985, c. 462, s. 15; 2011-145, s. 13.3(l), (n).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28C - Grade "A" Milk Sanitation. › § 106-266.32 - Permits required.

§ 106-266.32. Permits required.
No person shall produce, transport, process, or distribute Grade "A" milk without first having obtained a valid permit from the Department of Agriculture and Consumer Services. (1983, c. 891, s. 2; 2011-145, s. 13.3(l), (o).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28C - Grade "A" Milk Sanitation. › § 106-266.33 - Duties of the Department.

§ 106-266.33. Duties of the Department.
The Department of Agriculture and Consumer Services shall enforce the rules of the Board of Agriculture governing Grade "A" milk by making sanitary inspections of Grade "A" dairy farms, Grade "A" processing plants, Grade "A" milk haulers and Grade "A" distributors; by determining the quality of Grade "A" milk; and by evaluating methods of handling Grade "A" milk to insure compliance with the provisions of the rules of the Board of Agriculture. The Department of Agriculture and Consumer Services shall issue permits for the operation of Grade "A" dairy farms, processing plants and haulers in accordance with the provisions of the rules of the Board of Agriculture and shall suspend or revoke permits for violations in accordance with the rules. (1983, c. 891, s. 2; 1995, c. 123, s. 3; 2011-145, s. 13.3(l), (p).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28C - Grade "A" Milk Sanitation. › § 106-266.34 - Certain other authorities of Department of Agriculture and Consumer Services not replaced.

§ 106-266.34. Certain other authorities of Department of Agriculture and Consumer Services not replaced.
This Article shall not repeal or limit the Department of Agriculture and Consumer Services' authority to carry out labeling requirements, required butterfat testing, aflatoxin testing, pesticide testing, other testing performed by the Department of Agriculture and Consumer Services, and any other function of the Department of Agriculture and Consumer Services concerning Grade "A" milk under any other Article under this Chapter that is not inconsistent with this Article. (1983, c. 891, s. 2; 1997-261, s. 87; 2011-145, s. 13.3(l), (q).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28C - Grade "A" Milk Sanitation. › § 106-266.35 - Sale or dispensing of milk.

§ 106-266.35. Sale or dispensing of milk.
(a) Except as provided in subsection (d) of this section:
(1) Only milk that is Grade "A" pasteurized milk may be sold or dispensed directly to consumers for human consumption.
(2) Raw milk and raw milk products shall be sold or dispensed only to a permitted milk hauler or to a processing facility at which the processing of milk is permitted, graded, or regulated by a local, State, or federal agency.
(b) The Board of Agriculture may adopt rules to provide exceptions for dispensing raw milk and raw milk products for nonhuman consumption. Any raw milk or raw milk product dispensed as animal feed shall include on its label the statement "NOT FOR HUMAN CONSUMPTION" in letters at least one-half inch in height. Any raw milk or raw milk product dispensed as animal feed shall also include on its label the statement "IT IS NOT LEGAL TO SELL RAW MILK FOR HUMAN CONSUMPTION IN NORTH CAROLINA." This labeling requirement does not apply to raw milk or raw milk products dispensed for personal use or consumption to the independent or partial owner of a cow, goat, or other lactating animal.
(c) As used in this section, the term "sale" or "sold" means any transaction that involves the transfer or dispensing of milk and milk products or the right to acquire milk and milk products through barter or contractual arrangement or in exchange for any other form of compensation. The term "sale" or "sold" does not include the transfer or dispensing of raw milk or raw milk products to, or the right to acquire raw milk or raw milk products by, the independent or partial owner of a cow, goat, or other lactating animal.
(d) Nothing in this section shall prohibit the dispensing of raw milk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use or consumption by, an independent or partial owner of a cow, goat, or other lactating animal. (1983, c. 891, s. 2; 2004-195, s. 6.2; 2008-88, s. 2; 2011-145, s. 13.3(l), (r); 2018-113, s. 15.2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 28C - Grade "A" Milk Sanitation. › § 106-266.36 - Milk embargo.

§ 106-266.36. Milk embargo.
If the Commissioner of Agriculture or a local health director has probable cause to believe that any milk designated as Grade "A" milk is misbranded or does not satisfy the milk sanitation rules adopted pursuant to G.S. 106-266.31, the Commissioner of Agriculture or a local health director may detain or embargo the milk by affixing a tag to it and warning all persons not to remove or dispose of the milk until permission for removal or disposal is given by the official by whom the milk was detained or embargoed or by the court. It shall be unlawful for any person to remove or dispose of the detained or embargoed milk without that permission.
The official by whom the milk was detained or embargoed shall petition a judge of the district or superior court in whose jurisdiction the milk is detained or embargoed for an order for condemnation of the article. If the court finds that the milk is misbranded or that it does not satisfy the milk sanitation rules adopted pursuant to G.S. 106-266.31, either the milk shall be destroyed under the supervision of the petitioner or the petitioner shall ensure that the milk will not be used for human consumption as Grade "A" milk. All court costs and fees, storage, expenses of carrying out the court's order and other expense shall be taxed against the claimant of the milk. If, the milk, by proper labelling or processing, can be properly branded and will satisfy the milk sanitation rules adopted pursuant to G.S. 106-266.31, the court, after the payment of all costs, fees, and expenses and after the claimant posts an adequate bond, may order that the milk be delivered to the claimant for proper labelling and processing under the supervision of the petitioner. The bond shall be returned to the claimant after the petitioner represents to the court either that the milk is no longer mislabelled or in violation of the milk sanitation rules adopted pursuant to G.S. 106-266.31, or that the milk will not be used for human consumption, and that in either case the expenses of supervision have been paid. (1983, c. 891, s. 2; 1997-443, s. 11A.63A; 2011-145, s. 13.3(s), (t).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 29 - Inspection, Grading and Testing Milk and Dairy Products. › § 106-267 - Inspection, grading and testing dairy products; authority of State Board of Agriculture.

§ 106-267. Inspection, grading and testing dairy products; authority of State Board of Agriculture.
The State Board of Agriculture shall have full power to make and promulgate rules and regulations for the Department of Agriculture and Consumer Services in its inspection and control of the purchase and sale of milk and other dairy products in North Carolina; to make and establish definitions, not inconsistent with the laws pertaining thereto; to qualify and determine the grade and contents of milk and of other dairy products sold in this State; to regulate the manner of testing the same and the handling, treatment and sale of milk and dairy products, to require processors of fortified milk and milk products to pay all costs for assays of vitamin-fortified products, to provide for the issuance of permits upon compliance with this Article and the rules and regulations promulgated thereunder and to promulgate such other rules and regulations not inconsistent with the law as may be necessary in connection with the authority hereby given to the Commissioner of Agriculture on this subject. (1933, c. 550, ss. 1-3; 1951, c. 1121, s. 1; 1981, c. 338; c. 495, s. 5; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 29 - Inspection, Grading and Testing Milk and Dairy Products. › § 106-267.1 - License required; fee; term of license; examination required.

§ 106-267.1. License required; fee; term of license; examination required.
Every person who shall test milk or cream in this State by, or sample milk for, the Babcock method or otherwise for the purpose of determining the percentage of butterfat or milk fat contained therein, where such milk or cream is bought and paid for on the basis of the amount of butterfat contained therein, shall first obtain a license from the Commissioner of Agriculture. Any person applying for such license or renewal of license shall make written and signed application on blanks to be furnished by the Commissioner of Agriculture. The granting of a license shall be conditioned upon the passing by the applicant of an examination, to be conducted by or under the direction of the Commissioner of Agriculture. All licenses so issued or renewed shall expire on December 31 of each year, unless sooner revoked, as provided in G.S. 106-267.3. A license fee of five dollars ($5.00) for each license so granted or renewed shall be paid to the Commissioner of Agriculture by the applicant before any license is granted. (1951, c. 1121, s. 1; 1959, c. 707, s. 5; 1989, c. 544, s. 14.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 29 - Inspection, Grading and Testing Milk and Dairy Products. › § 106-267.2 - Rules and regulations.

§ 106-267.2. Rules and regulations.
The Commissioner of Agriculture shall establish and promulgate rules and regulations not inconsistent with this Article that shall govern the granting of licenses under this Article and shall establish and promulgate rules and regulations not inconsistent with this Article that shall govern the manner of testing, including, but not in limitation thereof, the taking of samples, location where the testing of said samples shall be made and the length of time samples of milk or cream shall be held after testing. (1951, c. 1121, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 29 - Inspection, Grading and Testing Milk and Dairy Products. › § 106-267.3 - Revocation of license; hearing.

§ 106-267.3. Revocation of license; hearing.
The Commissioner of Agriculture shall have power to revoke any license granted under the provisions of this Article, upon good and sufficient evidence that the provisions of this Article or the rules and regulations of the Commissioner of Agriculture are not being complied with: Provided, that before any license shall be revoked, an opportunity shall be granted the licensee, upon being confronted with the evidence, to show cause why such license should not be revoked. (1951, c. 1121, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 29 - Inspection, Grading and Testing Milk and Dairy Products. › § 106-267.4 - Representative average sample; misdemeanor, what deemed.

§ 106-267.4. Representative average sample; misdemeanor, what deemed.
In taking samples of milk or cream from any milk can, cream can or any container of milk or cream, the contents of such milk can, cream can, or container of milk and cream shall first be thoroughly mixed either by stirring or otherwise, and the sample shall be taken immediately after mixing or by any other method which gives a representative average sample of the contents, and it is hereby made a Class 2 misdemeanor to take samples by any method or to fraudulently manipulate such samples so as not to give an accurate and representative average sample where milk or cream is bought or sold and where the value of said milk or cream is determined by the butterfat contained therein. (1951, c. 1121, s. 1; 1993, c. 539, s. 755; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 29 - Inspection, Grading and Testing Milk and Dairy Products. › § 106-267.5 - Standard Babcock testing glassware; scales and weights.

§ 106-267.5. Standard Babcock testing glassware; scales and weights.
In the use of the Babcock test all persons shall use the "standard Babcock testing glassware, scales, and weights." The term "standard Babcock testing glassware, scales and weights" shall apply to glassware, scales and weights. It shall be unlawful for any person, firm, company, association, corporation or agent thereof to falsely manipulate, underread or overread the Babcock test or any other contrivance used for determining the quality of value of milk or cream where the value of said milk or cream is determined by the percentage of butterfat contained in the same or to make a false determination by the Babcock test or otherwise, or to falsify the record of such test or to pay on the basis of any test, measurement or weight except the true test, measurement or weight. (1951, c. 1121, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 29 - Inspection, Grading and Testing Milk and Dairy Products. › § 106-268.1 - Penalties.

§ 106-268.1. Penalties.
Any person, firm or corporation violating any of the provisions of this Article, or any of the rules, regulations or standards promulgated hereunder, shall be deemed guilty of a Class 2 misdemeanor. (1951, c. 1121, s. 1; 1993, c. 539, s. 756; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 30 - Board of Crop Seed Improvement. › § 106-269 - Creation and purpose.

§ 106-269. Creation and purpose.
There is hereby created a Board of Crop Seed Improvement. It shall be the duty and function of this Board, in cooperation with the Agricultural Experiment Station of North Carolina State College of Agriculture and Engineering, and the Seed Testing Division of the North Carolina Department of Agriculture and Consumer Services, to foster and promote the development and distribution of pure strains of crop seeds among the farmers of North Carolina. (1929, c. 325, s. 1; 1955, c. 330, s. 1; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 30 - Board of Crop Seed Improvement. › § 106-270 - Board membership.

§ 106-270. Board membership.
The Board of Crop Seed Improvement shall consist of the Commissioner of Agriculture, the Dean of the School of Agriculture, President of the North Carolina Foundation Seed Producers Incorporated, and the Director of Research of the School of Agriculture of North Carolina State College of Agriculture and Engineering, the Head of the Seed Testing Division of the North Carolina Department of Agriculture and Consumer Services, and the President of the North Carolina Crop Improvement Association. (1929, c. 325, s. 2; 1955, c. 330, s. 2; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 30 - Board of Crop Seed Improvement. › § 106-272 - Cooperation of other departments with Board; rules and regulations.

§ 106-272. Cooperation of other departments with Board; rules and regulations.
Insofar as any of the State departments or agencies shall have to do with the testing, development, production, certification and distribution of farm crop seeds, such departments or agencies shall actively cooperate with the said Board in carrying out the purposes of this Article. The said Board shall have authority to make, establish and promulgate all needful rules and regulations, for certification necessary for the proper exercise of the duties conferred upon said Board and for the carrying out the full purposes of this Article. (1929, c. 325, s. 4; 1983, c. 800, ss. 1, 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 30 - Board of Crop Seed Improvement. › § 106-273 - North Carolina Crop Improvement Association.

§ 106-273. North Carolina Crop Improvement Association.
For the purpose of carrying out more fully the provisions of this Article and of fostering the development, certification and distribution of pure seeds the said Board shall have authority to promote the organization and incorporation of an association of farmers to be known as the North Carolina Crop Improvement Association, which said Association when so organized and incorporated shall, subject to the rules and regulations prescribed by said Board, adopt all necessary rules and regulations and collect from their members such fees as shall be necessary for the proper functioning of such organizations. (1929, c. 325, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 30 - Board of Crop Seed Improvement. › § 106-274 - Certification of crop seeds.

§ 106-274. Certification of crop seeds.
For the purposes of this Article the certification of seed, tubers, plants, or plant parts hereunder shall be defined as being produced, conditioned, and distributed under the rules and regulations for certification. (1929, c. 325, s. 6; 1983, c. 800, s. 3.)