reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 52 - Agricultural Development. › § 106-583 - Policy of State; cooperation of departments and agencies with Agricultural Extension Service.

§ 106-583. Policy of State; cooperation of departments and agencies with Agricultural Extension Service.
It is declared to be the policy of the State of North Carolina to promote the efficient production and utilization of the products of the soil as essential to the health and welfare of our people and to promote a sound and prosperous agriculture and rural life as indispensable to the maintenance of maximum prosperity. For the attainment of these objectives the North Carolina Department of Agriculture and Consumer Services, the School of Agriculture of North Carolina College and each and every other department and agency of the State of North Carolina is hereby empowered to cooperate with the Agricultural Extension Service and the committees authorized by this Article to provide: Development of new and improved methods of production, marketing, distribution, processing and utilization of plant and animal commodities at all stages from the original producer through to the ultimate consumer; development of present, new, and extended uses and markets for agricultural commodities and by-products as food or in commerce, manufacture or trade; introduction and breeding of new and useful agricultural crops, plants and animals, particularly those plants and crops which may be adapted to utilization in chemical and manufacturing industries; research, counsel and advice on new and more profitable uses of our resources of agricultural manpower, soils, plants, animals and equipment than those to which they are now devoted; methods of conservation, development, and use of land, forest, and water resources for agricultural purposes; guidance in the design, development, and more efficient and satisfactory use of farm buildings, farm homes, farm machinery, including the application of electricity, water and other forms of power; techniques relating to the diversification of farm enterprises, both as to the type of commodities produced, and as to the types of operations performed, on the individual farm; and assistance in appraising opportunities for making fuller use of the natural, human and community resources in the various counties of this State to the end that the income and level of living of rural people be increased. (1959, c. 1177, s. 4; 1997-261, s. 109; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 52 - Agricultural Development. › § 106-584 - Maximum use of existing research facilities.

§ 106-584. Maximum use of existing research facilities.
In effectuating the purposes of this Article, maximum use may be made of existing research facilities owned or controlled by the State of North Carolina or by the federal government and of the facilities of the State and federal extension services. (1959, c. 1177, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 52 - Agricultural Development. › § 106-585 - Appropriations by counties; funds made available by Congress.

§ 106-585. Appropriations by counties; funds made available by Congress.
The several counties of this State are hereby authorized to make such appropriations and expend such funds as shall be necessary to defray any part of the expenses of the programs authorized by this Article, including the salaries of the extension agents, special agents and other necessary personnel, and any funds made available by the Congress of the United States for this purpose may be accepted and used therefor. (1959, c. 1177, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 52 - Agricultural Development. › § 106-586 - Authority granted by Article supplementary.

§ 106-586. Authority granted by Article supplementary.
The authority granted by this Article is in addition to that granted to the Extension Service by the Congress of the United States and in no way infringes upon the administrative authority of the director of the Extension Service or the existing policies of the Extension Service. (1959, c. 1177, s. 7.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 52 - Agricultural Development. › § 106-587 - Local appropriations.

§ 106-587. Local appropriations.
Each county and city in this State is authorized to make appropriations for the purposes of this Article and to fund them by levy of property taxes pursuant to G.S. 153A-149 and G.S. 160A-209 and by the allocation of other revenues whose use is not otherwise restricted by law. (1959, c. 1177, s. 8; 1973, c. 803, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 52 - Agricultural Development. › § 106-590 - Annual report on funds allocated to the North Carolina Agricultural Foundation, Inc.

§ 106-590. Annual report on funds allocated to the North Carolina Agricultural Foundation, Inc.
The North Carolina Agricultural Foundation, Inc., shall do the following if the Department of Agriculture and Consumer Services allocates funds to it for programs of the North Carolina Future Farmers of America Association:
(1) By September 1 of each year, and more frequently as requested, report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division on prior State fiscal year program activities, objectives, and accomplishments and prior State fiscal year itemized expenditures and fund sources.
(2) Provide to the Fiscal Research Division a copy of the organization's annual audited financial statement within 30 days of issuance of the statement. (2013-360, s. 13.7(b); 2020-78, s. 5.1(j).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-601 - Definitions.

§ 106-601. Definitions.
(a) "Cash buyer" means any grain dealer who pays the producer, or his representative at the time of obtaining title, possession or control of grain, the full agreed price of such grain in coin or currency, lawful money of the United States, certified checks, cashier's checks or drafts issued by a bank.
(b) "Commissioner" means the North Carolina Commissioner of Agriculture.
(c) "Department" means the North Carolina Department of Agriculture and Consumer Services.
(d) "Grain" as used herein shall be construed to include, but not by way of limitation, corn, wheat, rye, oats, sorghum, barley, mixed grain and soybeans.
(e) "Grain dealer" means any person owning, controlling or operating an elevator, mill, warehouse or other similar structure or truck or tractor-trailer unit or both who buys, solicits for sale or resale, processes for sale or resale, contracts for storage or exchange, or transfers grain of a North Carolina producer. The term "grain dealer" shall exclude producers or groups of producers buying grain for consumption on their farms.
(f) "Person" means an individual, partnership, corporation, association, syndicate or other legal entity.
(g) "Producer" means the owner, tenant or operator of land in this State who has an interest in and receives all or any part of the proceeds from the sale of the grain produced thereon. (1973, c. 665, s. 1; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-603 - Application for license or renewal thereof.

§ 106-603. Application for license or renewal thereof.
Every grain dealer before transacting business within the State of North Carolina shall on or before July 1, 1974, and annually on or before June 15 of each year thereafter, file a written application for a license or for the renewal of a license with the Commissioner. The application shall be on a form furnished by the Commissioner and shall contain the following information:
(1) The name and address of the applicant and that of its local agent or agents, if any, and the location of its principal place of business within this State.
(2) The kinds of grain the applicant proposes to handle.
(3) The type of grain business proposed to be conducted. (1973, c. 665, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-604 - License fee; bond required; exemption.

§ 106-604. License fee; bond required; exemption.
All applications shall be accompanied by an initial or renewal license fee of fifty dollars ($50.00) plus thirty dollars ($30.00) per certificate or decal for each separate buying station or truck and a good and sufficient bond in the amount of one hundred thousand dollars ($100,000) to satisfy the initial license application. A fee of five dollars ($5.00) shall be charged for each duplicate license, certificate or decal. "Cash buyers" upon written request to the Commissioner showing proof satisfactory to the Commissioner that the person is a "cash buyer" under this Article shall be exempted from the bonding requirements of this section. The exemption shall be granted within 20 days of the receipt of the exemption request or unless the Commissioner requests the dealer to provide additional necessary information or unless the request is denied. (1973, c. 665, s. 4; 1989, c. 544, s. 1; 2013-102, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-605 - Execution, terms and form of bond; action on bond.

§ 106-605. Execution, terms and form of bond; action on bond.
(a) Such bond shall be signed by the grain dealer and by a company authorized to execute surety bonds in North Carolina and shall be made payable to the State of North Carolina. The bond shall be conditioned on the grain dealer's faithful performance of his duties as a grain dealer and his compliance with this Article, and shall be for the use and benefit of any person from whom the grain dealer has purchased grain and who has not been paid by the grain dealer. The bond shall be given for the period for which the grain dealer's license is issued.
(b) Any person claiming to be injured by nonpayment, fraud, deceit, negligence or other misconduct of a grain dealer may institute a suit or suits against said grain dealer and his sureties upon the bond in the name of the State, without any assignment thereof. (1973, c. 665, s. 5; 1979, c. 589, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-606 - Posting of license; decal on truck, etc.

§ 106-606. Posting of license; decal on truck, etc.
The grain dealer license shall be posted in a conspicuous place in the place of business. In the case of a licensee operating a truck or tractor-trailer unit, the licensee is required to have a decal that the license is in effect and that a bond has been filed, such decal to be carried in each truck or tractor-trailer unit used in connection with the purchase of grain from producers. (1973, c. 665, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-607 - Renewal of license.

§ 106-607. Renewal of license.
Licenses shall be renewed upon application and payment of renewal fees on or before the fifteenth day of June following the date of expiration of any license hereunder issued. Applications received after June 15 of any year shall be subject to a late filing fee of twenty dollars ($20.00) in addition to other applicable fees. (1973, c. 665, s. 7; 1989, c. 544, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-608 - Disposition of fees.

§ 106-608. Disposition of fees.
All fees payable under this Article shall be collected by the North Carolina Department of Agriculture and Consumer Services for the administration of this Article. (1973, c. 665, s. 8; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-609 - Records to be kept by dealers; uniform scale ticket.

§ 106-609. Records to be kept by dealers; uniform scale ticket.
It shall be the duty of every person doing business as a grain dealer in this State to keep records of grain transactions for reasonable periods of time and in accordance with good business practices.
The Board of Agriculture may, by regulation, require the use of, and prescribe the form of a uniform scale ticket by all grain dealers. (1973, c. 665, s. 9; 1983, c. 482.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-610 - Grounds for refusal, suspension or revocation of license.

§ 106-610. Grounds for refusal, suspension or revocation of license.
The Commissioner may refuse to grant or renew any license, may suspend or may revoke any license upon a showing by substantial and competent evidence of any of the following:
(1) The dealer has suffered a final money judgment to be entered against him and such judgment remains unsatisfied.
(2) The dealer has failed to promptly and properly account and pay for grain.
(3) The dealer has failed to keep and maintain business records of his grain transactions as required by this Article.
(4) The dealer has engaged in fraudulent or deceptive practices in the transaction of his business as a dealer.
(5) The dealer has failed to collect from a producer and remit to the Commissioner of Agriculture such assessments as have been approved by the producers and are required to be collected under the provisions of Article 50 of Chapter 106 of the General Statutes.
(6) The dealer or applicant has been convicted, pled guilty or nolo contendere within three years in any state or federal court of a crime involving moral turpitude.
(7) The dealer has failed either to file the required bond or to keep such bond in force.
(8) The applicant has acted or held himself or herself out as a grain dealer without first having obtained a license under the provisions of this Article.
(9) The dealer has hired a person who has been convicted of a crime involving fraud, deceit, or misrepresentation in any capacity involving the buying or selling of grain, or the handling of payments for grain.
(10) The dealer or applicant has violated any provision of this Article or rules adopted pursuant to this Article. (1973, c. 665, s. 10; 1979, c. 589, s. 2; 2013-102, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-611 - Procedure for denial, suspension, or revocation of license; effect of revocation.

§ 106-611. Procedure for denial, suspension, or revocation of license; effect of revocation.
(a) A denial, suspension, or revocation of a license under this Article shall be made in accordance with Chapter 150B of the General Statutes.
(b) A license may not be suspended for more than one year. A person whose license is revoked may not obtain another license under this Article until at least two years have elapsed from the date of the final decision revoking the license or, if the decision is appealed, from the date of the final judgment sustaining the revocation. (1973, c. 611, s. 11; c. 1331, s. 3; 1987, c. 827, s. 38.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-612 - Commissioner's authority to investigate.

§ 106-612. Commissioner's authority to investigate.
In furtherance of any such investigation, inspection or hearing, the Commissioner or his duly authorized agent shall have full authority to make any and all necessary investigations relative to the complaint or matter being investigated; and they shall have free and unimpeded access during normal business hours to all buildings, yards, warehouses, storage and transportation facilities in which grain is kept, stored, handled, or transported, or where records of grain transactions are kept. (1973, c. 665, s. 12.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-614 - Violation a misdemeanor.

§ 106-614. Violation a misdemeanor.
Any person who violates any provision of this Article or any rule or regulation of the Board of Agriculture promulgated hereunder shall be guilty of a Class 2 misdemeanor. In case of a continuing violation or violations, each day and each violation occurring constitutes a separate and distinct offense. (1973, c. 665, s. 14; 1993, c. 539, s. 808; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 53 - Grain Dealers. › § 106-615 - Operation without license unlawful; injunction for violation.

§ 106-615. Operation without license unlawful; injunction for violation.
It shall be unlawful for any person to be a grain dealer without securing a license as herein provided. In addition to the criminal penalties provided for herein, the Commissioner of Agriculture may apply to any superior court judge and the court may temporarily restrain or preliminarily or permanently enjoin any violation of this Article. (1973, c. 665, s. 15.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 54 - Adulteration of Grains. › § 106-621 - Definitions.

§ 106-621. Definitions.
For purposes of this Article, the following words or terms shall mean as follows:
(1) Adulterated grain: Grain which contains any substance, such as, but not limited to, Captan, carbon tetrachloride, Malathion, Parathion, DDT, Dieldrin, Thiram, Endrin, Heptachlor, Maneb, Methoxychlor, 2, 6-dichloro, 4-nitroaniline, pentachloronitrobenzene, hexachlorobenzene, Demeton, Phorate, Carbophenothion, in excess of the tolerance for human or animal consumption established for such substances by the laws of the State or the regulations of the North Carolina Department of Agriculture and Consumer Services, or both the State and the Department.
(2) Commissioner: North Carolina Commissioner of Agriculture.
(3) Grain: Corn, soybeans, milo, barley, oats, rye, and mixtures of them.
(4) Grain dealer: Any person owning, controlling or operating an elevator, mill, warehouse or other similar structure or truck or tractor-trailer unit or both who buys, solicits for sale or resale, processes for sale or resale, contracts for storage or exchange or transfers grain after obtaining title to the grain of a North Carolina producer. The term "grain dealer" shall exclude producers, groups of producers, or contract feeders buying grain for consumption in their operations.
(5) Person: Any individual, partnership, corporation, association, syndicate or other legal entity. (1975, c. 659, s. 1; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 54 - Adulteration of Grains. › § 106-622 - Prohibited acts.

§ 106-622. Prohibited acts.
It shall be unlawful for any person to commit a prohibited act under G.S. 106-122 with adulterated grain as defined in this Article and as the particular grain qualifies as adulterated food under G.S. 106-129. (1975, c. 659, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 54 - Adulteration of Grains. › § 106-623 - Penalty.

§ 106-623. Penalty.
Any person violating the provisions of this Article shall be subject to the provisions of G.S. 106-123, 106-124 and 106-125. (1975, c. 659, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 54 - Adulteration of Grains. › § 106-624 - Sign furnished by Commissioner.

§ 106-624. Sign furnished by Commissioner.
It shall be the duty of the Commissioner to cause to be prepared and furnished for a fee of ten dollars ($10.00) each to all grain dealers, as defined in this Article, in the State a sign not less than 11 x 15 inches, which shall contain information that it is a violation of law for any person to sell, offer for sale or deliver adulterated grain. Said sign shall also set out the penalties for violation of this Article. Duplicate signs, and replacement for signs lost, stolen, worn or otherwise unusable, shall be purchased from the Department of Agriculture and Consumer Services for a fee of five dollars ($5.00) per sign. (1975, c. 659, s. 4; 1989, c. 544, s. 2; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 54 - Adulteration of Grains. › § 106-625 - Posting of sign.

§ 106-625. Posting of sign.
It shall be the duty of the owner, manager, or person in charge of the elevator, mill, warehouse or other similar structure to post in a conspicuous place, in view of the public, a sign or signs furnished to the grain dealer by the Commissioner pursuant to this Article. (1975, c. 659, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 54 - Adulteration of Grains. › § 106-626 - Nonposting not a defense.

§ 106-626. Nonposting not a defense.
It shall not be a defense to a prosecution under this Article that the sign required to be posted by G.S. 106-625 hereof was not posted on the date of the alleged violation. (1975, c. 659, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 54 - Adulteration of Grains. › § 106-627 - Determination of adulteration.

§ 106-627. Determination of adulteration.
For purposes of evidence under this Article, the grain dealer or his agent, upon receipt or pending receipt of suspected adulterated grain, may, at his discretion, call any law-enforcement officer to verify the sampling technique, [and] origin of sampled grain and subsequently send or request the law-enforcement officer to send the sample of grain in a sealed package to the Department of Agriculture and Consumer Services for inspection and analysis in order to protect only the chain of evidence.
Upon [a] finding by the Department that said sample is adulterated grain, the Department shall notify the grain dealer of the results and return the sample to the original sender in a sealed package. (1975, c. 659, s. 7; 1997-261, s. 66.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-634 - Declaration of policy.

§ 106-634. Declaration of policy.
The General Assembly hereby declares that it is in the public interest to promote and protect the bee and honey industry in North Carolina and to authorize the Commissioner of Agriculture and the Board of Agriculture to perform services and conduct activities to promote, improve, and enhance the bee and honey industry in North Carolina particularly relative to small beekeepers; to regulate all bees of the superfamily Apoidea in any stage of development; the causal agents of their disease or disorders, and their pests; to protect the bee and honey industry in North Carolina from bee diseases and disorders and to provide regulatory services in the areas of pollination of plants, honeybee poisonings, thefts, bee management and marketing. (1977, c. 238, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-636 - Powers and duties of Commissioner generally.

§ 106-636. Powers and duties of Commissioner generally.
The Commissioner shall promote the bee and honey industry in North Carolina. The Commissioner may perform services, cooperate in research activities, conduct investigations, publish information and cooperate with the beekeeping industry to protect and improve beekeeping in North Carolina. He may work toward enhancing honey plants and improving honeybees. He may investigate thefts of honeybees, equipment or products; cooperate in preventative measures; and assist in prosecution of suspects. (1977, c. 238, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-637 - Authority of Board to accept gifts, enter contracts, etc.

§ 106-637. Authority of Board to accept gifts, enter contracts, etc.
The Board is authorized to accept gifts, grants, or donations from any source for the purpose of promoting and protecting the bee and honey industry. The Board is authorized to issue grants or enter contracts or agreements for the furtherance of the purpose of this Article. (1977, c. 238, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-638 - Authority of Board to adopt regulations, standards, etc.

§ 106-638. Authority of Board to adopt regulations, standards, etc.
The Board may adopt regulations and set procedures for the purpose of carrying out the provisions of this Article. The Board may adopt minimum standards for colony strength and disease tolerance levels for hives rented for pollination of crops, and the Commissioner shall certify hives meeting those standards. The Board may adopt regulations to regulate or prohibit entrance into North Carolina of bees or regulated articles to protect the bee and honey industry from bee diseases, disorders, overcrowding of honey pasture, or other encroachments deemed by the Board not to be in the best interest of the beekeepers of North Carolina. The Board may adopt regulations relating to, but shall not be limited to, providing for inspection of bees; and surveying and developing regulations to control, eradicate, abate, prevent exposure to, or prevent the introduction of or movement into or within North Carolina of bee diseases, disorders, pests or enemies of bees; or products that are a threat to beekeeping in North Carolina. The diseases, disorders, and products regulated shall include, but not be confined to bee diseases, poisons, bee pests, pollen, causal agents of disease, bee parasites and predators and toxic substances. The Board may regulate undesirable species or strains of bees including but not limited to Brazilian or African strains of bees. Regulations may include articles, exposed to infection or infestation, bees, honey, honeycomb, beeswax, beeswax refuse, royal jelly, containers, and beekeeping equipment to include sale, exposure and shipment of said and like items. The Board may adopt regulations governing beeyards or sites of commercial beekeepers. The Board is authorized to adopt regulations and set fees for extra or special inspections, issuance of certificates, permits, registrations, and regulatory activities. (1977, c. 238, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-639 - Regulations for control and prevention of diseases and disorders.

§ 106-639. Regulations for control and prevention of diseases and disorders.
The Board may adopt regulations and procedures for the disposition of bees infected or infested with diseases or disorders, beekeeping equipment, and other regulated articles kept or moved in violation of this Article and pursuant regulations. Such regulations may authorize the Commissioner to quarantine, destroy, confiscate, or otherwise dispose of, eradicate, establish cleanup areas, and require owners to disinfect, fumigate, treat with drugs, or destroy bees or articles at their own expense or to take measures to eradicate bee diseases or disorders.
The Board shall have authority to either allow, require, or forbid use of drugs in the control of bee diseases or disorders, and may define as infested or infected symptomless carriers of a disease or disorder, declare bees that have been treated with disease-masking drugs to be infested or infected, and consider bees or articles which have been exposed to a disease or disorder to be infected or infested.
The Board may also adopt regulations governing beeswax salvage operations and honey house sanitation for disease prevention. (1977, c. 238, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-639.1 - Permit to sell bees.

§ 106-639.1. Permit to sell bees.
Prior to selling bees in North Carolina, a person shall obtain a permit from the Commissioner. Application for the permit shall be made on a form provided by the Commissioner, and shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00). The Commissioner may deny, suspend, or revoke a permit for any violation of this Article or rules adopted to implement the Article. Permits shall expire annually on December 31 and may be renewed upon payment of a fee of twenty-five dollars ($25.00). All proceedings concerning the denial, suspension, or revocation of a permit shall be conducted in accordance with the Administrative Procedure Act, Chapter 150B of the General Statutes. No permit shall be required for (i) the sale of less than 10 bee hives in a calendar year, (ii) a one-time going-out-of-business sale of less than 50 bee hives, or (iii) the renting of bees for pollination purposes or the movement of bees to gather honey. (1991, c. 349, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-640 - Authority of Commissioner to protect industry from diseases and disorders, etc.

§ 106-640. Authority of Commissioner to protect industry from diseases and disorders, etc.
The Commissioner shall protect the bee and honey industry from diseases and disorders of the honeybee (Apis mellifera) and other insects in the superfamily (Apoidea) and shall provide services and enforce provisions of this Article and pursuant regulations. The Commissioner may adopt regulations for prohibiting or regulating the movement of bees and regulated articles into and from quarantine or cleanup areas and enforce procedures for control and cleanup of diseases or disorders in such areas.
The Commissioner is authorized to establish postentry quarantines and issue hold orders for inspection of bees or regulated articles imported into North Carolina. (1977, c. 238, s. 7.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-641 - Giving false information to Commissioner; hives; certificates, permits, etc.

§ 106-641. Giving false information to Commissioner; hives; certificates, permits, etc.
It is unlawful to knowingly give false information to the Commissioner concerning diseased bees or bees exposed to disease, their treatment, or disposition.
The Commissioner may require that bees be kept in moveable frame hives and be maintained in an inspectable condition or in other hives where an inspection for disease or disorder can be readily made.
The Board may adopt regulations for issuance of health certificates, moving permits, and the registration of honeybees and may require marking or identification of honeybee colonies or apiaries. (1977, c. 238, s. 8.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-642 - Emergency action by Commissioner.

§ 106-642. Emergency action by Commissioner.
The Commissioner may take emergency action with respect to Board authority in the provisions of this Article if needed to protect the bee and honey industry in North Carolina. Such action shall remain in force until rescinded by the Commissioner or acted on by the Board. (1977, c. 238, s. 9.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-643 - Designation of persons to administer Article; inspections, etc.

§ 106-643. Designation of persons to administer Article; inspections, etc.
The Commissioner shall have the authority to designate such employees of the Department or persons collaborating with the Department as may seem expedient to carry out the duties and exercise the powers provided by this Article. The Commissioner is authorized to survey or inspect premises for the presence of bees or other regulated articles, inspect colonies for bee diseases and disorders, and otherwise enforce the provisions of this Article and pursuant regulations. The Commissioner or his designated agent shall have authority to inspect vehicles or other means of transportation and their cargo suspected of carrying bees or regulated articles, and enter upon any premises to inspect any bees or regulated articles to determine the presence or absence of diseases or disorders.
Such inspections and other activities may be conducted with the permission of the owner or person in charge. If permission is denied the Commissioner or his designated agent, such inspections and other activities may be conducted in a reasonable manner, with a warrant, with respect to any premises or vehicles. Such warrant shall be issued pursuant to Article 4A of Chapter 15. A superior court or district court judge may issue confiscation orders on any bees or articles for which confiscation is authorized in this Article or pursuant regulations. (1977, c. 238, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-644 - Penalties.

§ 106-644. Penalties.
(a) If anyone shall attempt to prevent inspection as provided in this Article or shall otherwise interfere with the Commissioner of Agriculture, or any of his agents, while engaging in the performance of his duties under this Article, or shall violate any provisions of this Article or any regulation of the Board of Agriculture adopted pursuant to this Article, he shall be guilty of a Class 3 misdemeanor. Each day's violation shall constitute a separate offense.
(b) The Commissioner may assess a civil penalty of not more than ten thousand dollars ($10,000) against a person who violates this Article or a rule adopted to implement this Article. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation. No civil penalty may be assessed under this section unless the person has been given the opportunity for a hearing pursuant to the Administrative Procedure Act, Chapter 150B of the General Statutes. If not paid within 30 days after the effective date of a final decision by the Commissioner, the penalty may be collected by any lawful means for the collection of a debt.
The clear proceeds of civil penalties assessed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1977, c. 238, s. 11; 1991, c. 349, s. 2; 1993, c. 539, s. 809; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 20.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55 - North Carolina Bee and Honey Act of 1977. › § 106-645 - Limitations on local government regulation of hives.

§ 106-645. Limitations on local government regulation of hives.
(a) Notwithstanding Article 6 of Chapter 153A of the General Statutes, no county shall adopt or continue in effect any ordinance or resolution that prohibits any person or entity from owning or possessing five or fewer hives.
(b) Notwithstanding Article 8 of Chapter 160A of the General Statutes, a city may adopt an ordinance to regulate hives in accordance with this subsection. The city shall comply with all of the following:
(1) Any ordinance shall permit up to five hives on a single parcel within the land use planning jurisdiction of the city.
(2) Any ordinance shall require that the hive be placed at ground level or securely attached to an anchor or stand. If the hive is securely attached to an anchor or stand, the city may permit the anchor or stand to be permanently attached to a roof surface.
(3) Any ordinance may include regulation of the placement of the hive on the parcel, including setbacks from the property line and from other hives.
(4) Any ordinance may require removal of the hive if the owner no longer maintains the hive or if removal is necessary to protect the health, safety, and welfare of the public.
(c) For purposes of this section, the term "hive" has the same definition as in G.S. 106-635(15). (2015-246, s. 8.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55A - Beehive Grants. › § 106-650 - Beehive Grant Fund.

§ 106-650. Beehive Grant Fund.
(a) Establishment. – The North Carolina Beehive Grant Fund is established as a special fund in the Department of Agriculture and Consumer Services. The Department is responsible for administering the Fund using personnel and other administrative resources of the Agricultural Development and Farmland Preservation Trust Fund program. The Fund may receive funds appropriated by the General Assembly and any gifts, grants, or donations from any public or private sources.
(b) Purposes. – Funds in the North Carolina Beehive Grant Fund shall be used, as available, to encourage the establishment of new beehives in the State. Grants from the Fund shall be made upon application to the Beehive Grant Program as set forth in G.S. 106-651. (2017-57, s. 12.6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 55A - Beehive Grants. › § 106-651 - Beehive Grant Program.

§ 106-651. Beehive Grant Program.
(a) Definitions. – The definitions in G.S. 105-164.3 and the following definitions apply in this Article:
(1) Eligible activity. – Any of the following:
a. The purchase of a new hive for bees.
b. The purchase of materials or supplies to be used for the construction of a new hive for bees.
(2) Eligible beekeeper. – A resident of the State who meets the following requirements:
a. The person is at least 18 years of age.
b. The person is a Certified Beekeeper as determined by the North Carolina State Beekeepers Association at the time of filing of the grant application.
(3) Fund. – The Beehive Grant Fund established by G.S. 106-650.
(b) Grants. – Any eligible beekeeper may apply for a grant from the Fund for an eligible activity. The Department shall specify the form and contents of the application, including procedures for the submission of applications electronically. The Board may establish a fee for grant applicants to recover the reasonable costs of reviewing and processing applications. Grants shall be limited to two hundred dollars ($200.00) per new hive, up to a maximum grant of two thousand four hundred dollars ($2,400) per grant recipient in any year, and shall be issued in the order that each completed eligible application is received. In the event that the amount of eligible grants requested in a fiscal year exceeds the funds available in the Fund, the grants shall be paid in the next fiscal year in which funds are available.
(c) Rulemaking. – The Board may issue rules to implement the requirements of this Article. (2017-57, s. 12.6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-656 - Purpose of Article.

§ 106-656. Purpose of Article.
The purpose of this Article shall be to assure the manufacturer, distributor, and consumer of the correct quality and quantity of all commercial fertilizer sold in this State, and to assure the safe handling of fluid fertilizers. (1977, c. 303, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-658 - Enforcing official.

§ 106-658. Enforcing official.
This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina, or his authorized agent, hereinafter referred to as the "Commissioner." (1947, c. 1086, s. 2; 1977, c. 303, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-659 - Minimum plant food content.

§ 106-659. Minimum plant food content.
Except as provided in this section, superphosphate containing less than eighteen percent (18%) available phosphate, or any mixed fertilizer in which the guarantees for the nitrogen, available phosphate, or soluble potash are in fractional percentages shall not be offered for sale, sold, or distributed in this State. Packages of 32 fluid ounces or less when in liquid form, or 32 ounces or less avoirdupois when in a dry form, may be sold in fractional percentages, but these packages are not exempt from any other requirements of this Article. (1947, c. 1086, s. 10; 1951, c. 1026, s. 7; 1973, c. 611, s. 6; 1975, c. 126; 1977, c. 303, s. 5; 1983, c. 146, s. 4; 1987, c. 292, s. 1; 1993, c. 216, s. 4; 2003-71, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-661 - Labeling.

§ 106-661. Labeling.
(a) Any commercial fertilizer offered for sale, sold, or distributed in this State in bags, barrels, or other containers shall have placed on or affixed to the container the net weight and the data in written or printed form, required by G.S. 106-660(a), either (i) on tags to be affixed to the end of the package or (ii) directly on the package. In case the brand name appears on the package, the grade shall also appear on the package, immediately preceding the guaranteed analysis or as a part of the brand name. The size of the type of numerals indicating the grade on the containers shall not be less than two inches in height for containers of 100 pounds or more; not less than one inch for containers of 50 to 99 pounds; and not less than 1/2 inch for packages of 25 to 49 pounds. On packages of less than 25 pounds, the grade must appear in numerals at least one half as large as the letters in the brand name. In case of fertilizers sold in containers on which the brand name or other designations of the distributor do not appear, the grade must appear in a manner prescribed by the Commissioner on tags attached to the container.
(b) If transported in bulk, the net weight and the data, in written or printed form, as required by G.S. 106-660(a), shall accompany delivery and be supplied to the purchaser.
(c) If mixed fertilizer is sold or intended to be sold in bags weighing more than 100 pounds, each bag must have a tag attached thereto, of a type approved by the Commissioner, showing the grade of the fertilizer contained therein. Such tag must be attached on the end of each bag, approximately at the center of the sewed end of the bag: Provided, that in lieu of such tag the grade of the fertilizer may be printed on the end of the bag in readily legible numerals.
(d) All labels and registrations shall carry identical guarantees for each fertilizer product requiring registration. (1947, c. 1086, s. 5; 1949, c. 637, s. 2; 1955, c. 354, s. 2; 1975, c. 127; 1977, c. 303, s. 7; 1981, c. 448, s. 7; 1989, c. 770, s. 28.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-663 - False or misleading statements.

§ 106-663. False or misleading statements.
It shall be unlawful to make, in any manner whatsoever, any false or misleading statement or representation with regard to any commercial fertilizer offered for sale, sold, or distributed in this State, or to use any misleading or deceptive trademark or brand name in connection therewith. The Commissioner is authorized to refuse, suspend, revoke or terminate the license of any manufacturer or to refuse, suspend, revoke or terminate the registration of such commercial fertilizer for any violations of this section. (1947, c. 1086, s. 12; 1977, c. 303, s. 9; 1981, c. 448, s. 9.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-664 - Determination and publication of commercial values.

§ 106-664. Determination and publication of commercial values.
For the purpose of determining the commercial values to be applied under the provisions of G.S. 106-665, the Commissioner shall determine and publish annually the values per pound of nitrogen, available phosphate, and soluble potash in commercial fertilizers in this State. The values so determined and published shall be used in determining and assessing penalties. (1947, c. 1086, s. 9; 1977, c. 303, s. 10; 1993, c. 216, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-666 - "Stop sale," etc., orders.

§ 106-666. "Stop sale," etc., orders.
(a) When the Commissioner finds that a lot of commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this Article, the Commissioner shall issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and shall cause the fertilizer to be held at a designated place until (i) the law has been complied with and the commercial fertilizer is released in writing by the Commissioner or (ii) the violation has been otherwise legally disposed of by written authority. The Commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this Article have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
(b) If any manufacturer, dealer, or agent fails to pay a penalty owed on commercial fertilizer within 90 days after notice of assessment by the Commissioner, the Commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to that manufacturer, dealer, or agent and shall cause any commercial fertilizer distributed and offered by that manufacturer, dealer, or agent for sale in the State to be held until (i) the penalties are paid in full and the commercial fertilizer is released in writing by the Commissioner or (ii) the penalties have been otherwise legally disposed of by written authority. The Commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this Article have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal. (1947, c. 1086, s. 18; 1955, c. 354, s. 5; 1977, c. 303, s. 12; 1993, c. 216, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-667 - Seizure, condemnation and sale.

§ 106-667. Seizure, condemnation and sale.
Any lot of commercial fertilizer not in compliance with the provisions of this Article shall be subject to seizure on complaint of the Commissioner to a court of competent jurisdiction in the area in which said commercial fertilizer is located. In the event the court finds the said commercial fertilizer to be in violation of this Article and orders the condemnation of said commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the State; provided, that in no instance shall the disposition of said commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of said commercial fertilizer or for permission to process or relabel said commercial fertilizer to bring it into compliance with this Article. (1947, c. 1086, s. 19; 1977, c. 303, s. 13.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-669 - Effect of violations on license and registration.

§ 106-669. Effect of violations on license and registration.
The Commissioner is authorized to suspend, revoke or terminate the license of any manufacturer or to refuse, suspend, revoke or terminate the registration of any commercial fertilizer upon proof that the manufacturer has been guilty of fraudulent or deceptive practices, or in the evasion or attempted evasion of this Article or any rule promulgated thereunder. (1947, c. 1086, s. 17; 1977, c. 303, s. 15; 1981, c. 448, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 56 - North Carolina Commercial Fertilizer Law. › § 106-670 - Appeals from assessments and orders of Commissioner.

§ 106-670. Appeals from assessments and orders of Commissioner.
Nothing contained in this Article shall prevent any person from appealing to a court of competent jurisdiction from any assessment of penalty or other final order or ruling of the Commissioner or Board of Agriculture. (1947, c. 1086, s. 22; 1977, c. 303, s. 16.)