reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 3 - Miscellaneous Provisions. › § 117-28 - Foreign corporations; domestication; rights and privileges.

§ 117-28. Foreign corporations; domestication; rights and privileges.
Any electric or telephone membership corporation created and existing under and by virtue of the laws of any adjoining state, which corporation desires to extend its lines into this State for the purpose of obtaining its power and energy needs, or an exchange interconnection, or for the purpose of supplying electric or telephone service to citizens and residents of this State, shall be and is hereby granted the right to domesticate in this State as such electric or telephone membership corporation, and, after such domestication, any such corporation shall have and enjoy all the rights, privileges, benefits and immunities granted to electric or telephone membership corporations under the laws of this State and shall be subject to the terms, provisions and conditions of this Chapter, and other applicable laws, to the same extent as such laws are now applicable to membership corporations organized under the laws of this State. (1941, c. 12; 1959, c. 387, s. 3.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 3 - Miscellaneous Provisions. › § 117-28.1 - Electric membership corporations; easements.

§ 117-28.1. Electric membership corporations; easements.
(a) Any easement owned, held, or otherwise used by an electric membership corporation for the purpose of electrification, as stated in G.S. 117-10 may also be used by the corporation, or its wholly owned subsidiary, for the ancillary purpose of supplying high-speed broadband service, where such use does not require additional construction and is ancillary to the electrification purposes for which broadband fiber is or was installed. Nothing in this subsection shall affect, abrogate, or eliminate in any way any obligation of the corporation or its wholly owned subsidiary to comply with any applicable requirements related to notice, safety, or permitting when constructing or maintaining lines or broadband fiber on, over, under, or across property owned or operated by a railroad company.
(b) Notwithstanding G.S. 1A-1, Rule 23, a class action may not be maintained against an electric membership corporation or its wholly owned subsidiary in a suit in trespass or inverse condemnation based on a claim of expanded use of an easement. If, in a suit in trespass or inverse condemnation based on a claim of expanded use of an easement, an individual property owner prevails over a corporation or its wholly owned subsidiary, the trespass shall be deemed permanent and the actual damages awarded shall be the fair market value which, notwithstanding any other provision of law, shall always be greater than zero but shall not exceed the difference between the fair market value of the property owner's entire property immediately before the taking and the fair market value of the property owner's property immediately after the taking. Evidence of revenues or profits derived or the rental value of an assembled communications corridor shall not be admissible in determining fair market value. A property owner's actual damages shall be fixed at the time of the initial trespass and shall not be deemed to continue, accumulate, or accrue. Upon payment of damages, the corporation or its wholly owned subsidiary shall be granted a permanent easement for the trespass that was the subject of the claim. (2019-17, s. 2; 2020-74, s. 30.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 4 - Telephone Service and Telephone Membership Corporations. › § 117-29 - Assistance from Rural Electrification Authority in procuring adequate telephone service.

§ 117-29. Assistance from Rural Electrification Authority in procuring adequate telephone service.
Any number of persons residing in any rural community who are not provided with telephone service or are inadequately provided with same, may make application to the Rural Electrification Authority, upon such form as may be provided by the Rural Electrification Authority for assistance in securing telephone service, showing the circumstances of such community or communities with regard to telephone service and the need therefor. The Rural Electrification Authority shall make an investigation of the situation with respect to telephone service in such rural community or communities and if, upon investigation, it appears that such community or communities are not served with needed telephones or are inadequately served, the facts with reference thereto shall be collected by the Rural Electrification Authority and the Rural Electrification Authority shall promptly bring these facts to the attention of any telephone company serving the area, and shall make reasonable efforts to get such telephone company to provide the needed telephone service in such community or communities. (1945, c. 853, s. 1.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 4 - Telephone Service and Telephone Membership Corporations. › § 117-31 - Power of Rural Electrification Authority to prosecute requested investigations.

§ 117-31. Power of Rural Electrification Authority to prosecute requested investigations.
In investigating the application filed with the Rural Electrification Authority under the provisions of G.S. 117-30 of this Article, the Rural Electrification Authority shall have the authority to employ such personnel as shall be necessary to conduct surveys; to contact the telephone companies serving the general area for the purpose of arranging for extension of telephone service by such companies to such community or communities; to make estimates of the cost of the extension of telephone service to such community or communities; to call upon the Utilities Commission of the State to fix such rates as will be applicable to such service; to secure for such community or communities any assistance which may be available from the federal government by gift or loan or in any other manner; to investigate all applications for the creation of telephone membership corporations and determine and pass upon the question of granting authority to form such corporation; to provide forms for making such applications, and to do all things necessary to a proper determination of the question of the establishment of such telephone membership corporations in keeping with the provisions of this Article; to act as agent for any such telephone membership corporation in securing loans or grants from any agency of the United States government; to prescribe rules and regulations and the necessary blanks for such membership corporations in making applications for grants or loans from any agency of the United States government; to do all other acts and things which may be necessary to aid the rural communities in North Carolina in securing telephone service. (1945, c. 853, s. 3.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 4 - Telephone Service and Telephone Membership Corporations. › § 117-32 - Loans from federal agencies; authority of county, etc., to engage in telephone business.

§ 117-32. Loans from federal agencies; authority of county, etc., to engage in telephone business.
Whenever any corporation organized under the provisions of this Article desires to secure a grant or loan from any agency of the United States government now in existence or hereafter authorized, it shall apply through the North Carolina Rural Electrification Authority and not direct to the United States agency, and the said North Carolina Rural Electrification Authority alone shall have the authority to make application for grants or loans to any such corporation. Nothing in this Article shall be deemed to authorize any county, city or town to engage in the telephone business. (1945, c. 853, s. 4.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 4 - Telephone Service and Telephone Membership Corporations. › § 117-33 - Declared public agency of State; taxes and assessments.

§ 117-33. Declared public agency of State; taxes and assessments.
A telephone membership corporation heretofore or hereafter organized under this Article shall be, and is hereby declared to be a public agency, and shall have within its limits for which it was formed the same rights as any other political subdivision of the State, and all property owned by said telephone membership corporation and used exclusively for the purpose of said corporation shall be held in the same manner and subject to the same taxes and assessments as property owned by any county or municipality of the State so long as said property is owned by said telephone membership corporation and is used for the purposes for which the corporation was formed. Notwithstanding the foregoing, a telephone membership corporation shall not be eligible to receive a permanent registration plate issued under G.S. 20-84. (1965, c. 345, s. 2; 2012-159, s. 2.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 4 - Telephone Service and Telephone Membership Corporations. › § 117-34 - Dissolution.

§ 117-34. Dissolution.
Any telephone membership corporation created under this Article may be dissolved by filing, as hereinafter provided, a certificate which shall be entitled and endorsed "Certificate of Dissolution of ______" (the blank space being filled in with the name of the corporation) and shall state:
(1) Name of the corporation, and if such corporation is a corporation resulting from a consolidation as herein provided, the names of the original corporations.
(2) The date of filing of the certificate of incorporation, and if such corporation is a corporation resulting from a consolidation as herein provided, the dates on which the certificates of incorporation of the original corporations were filed.
(3) That the corporation elects to dissolve.
(4) The name and post-office address of each of its directors, and the name, title and post-office address of each of its officers.
Such certificate shall be subscribed and acknowledged in the same manner as an original certificate of incorporation by the president or a vice-president, and the secretary or an assistant secretary, who shall make and annex an affidavit, stating that they have been authorized to execute and file such certificate by the votes cast in person by at least two-thirds of its total membership, without proxies.
A certificate of dissolution and a certified copy or copies thereof shall be filed in the same place as an original certificate of incorporation and thereupon the corporation shall be deemed to be dissolved.
Such corporation shall continue for the purpose of paying, satisfying and discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name. Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall pass to and become the property of the State. (1965, c. 345, s. 2; 1987, c. 448, s. 3.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 4 - Telephone Service and Telephone Membership Corporations. › § 117-35 - Article complete in itself and controlling.

§ 117-35. Article complete in itself and controlling.
Article 4 is complete in itself and shall be controlling. The provisions of any other law, general, special, or local except as provided in this Article, shall not apply to a telephone membership corporation formed under this Article. (1965, c. 345, s. 2.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 5 - Consolidation and Merger. › § 117-41 - Consolidation.

§ 117-41. Consolidation.
(a) Any two or more electric membership corporations or any two or more telephone membership corporations, organized and operating under this Chapter (each of which is hereinafter designated a "consolidating corporation"), may consolidate into a new corporation (hereinafter designated the "new corporation"), by complying with the provisions of subsections (b) and (c) hereof and of G.S. 117-43.
(b) The proposition for the consolidation of the consolidating corporations into the new corporation and proposed articles of consolidation to give effect thereto shall be submitted to a meeting of the members of each consolidating corporation, the notice of which shall have attached thereto a copy of the proposed articles of consolidation.
(c) If the proposed consolidation and the proposed articles of consolidation, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each consolidating corporation voting thereon at each such meeting, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating corporation by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of consolidation shall recite that they are executed pursuant to this Chapter and shall state:
(1) The name of each consolidating corporation and the address of its principal office;
(2) The name of the new corporation and the address of its principal office;
(3) A statement that each consolidating corporation agrees to the consolidation;
(4) The names and addresses of the directors of the new corporation; and
(5) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner in which members of the consolidating corporations may or shall become members of the new corporation; and may contain any provisions not inconsistent with this Chapter deemed necessary or advisable for the conduct of the business of the new corporation. The president or vice-president of each consolidating corporation executing such articles of consolidation shall make and annex thereto an affidavit stating that the provisions of this section in respect of such articles were duly complied with by such corporation. (1979, c. 285, s. 4.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 5 - Consolidation and Merger. › § 117-42 - Merger.

§ 117-42. Merger.
(a) Any one or more electric membership corporations or any one or more telephone membership corporations, organized and operating under this Chapter (each of which is hereinafter designated a "merging corporation"), may merge into another like corporation (hereinafter designated the "surviving corporation"), by complying with the provision of G.S. 117-42(b) and (c), and G.S. 117-43.
(b) The proposition for the merger of the merging corporation(s) into the surviving corporation and proposed articles of merger to give effect thereto shall be submitted to a meeting of the members of such merging corporation(s) and of the surviving corporation, the notice of which shall have attached thereto a copy of the proposed articles of merger.
(c) If the proposed merger and the proposed articles of merger, with any amendments, are approved by the affirmative vote of not less than two thirds of those members of each corporation voting thereon at each such meeting, articles of merger in the form approved shall be executed and acknowledged on behalf of each such corporation by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of merger shall recite that they are executed pursuant to this Chapter and shall state:
(1) The name of each merging corporation and the address of its principal office;
(2) The name of the surviving corporation and the address of its principal office;
(3) A statement that each merging corporation and the surviving corporation agree to the merger;
(4) The names and addresses of the directors of the surviving corporation; and
(5) The terms and conditions of the merger and the mode of carrying the same into effect, including the manner in which members of the merging corporations may or shall become members of the surviving corporation; and may contain any provisions not inconsistent with this Chapter deemed necessary or advisable for the conduct of the business of the surviving corporation. The president or vice-president of each corporation executing such articles of merger shall make and annex thereto an affidavit stating that the provisions of this section in respect of such article were duly complied with by such corporation. (1979, c. 285, s. 4.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 5 - Consolidation and Merger. › § 117-43 - Filing and recording of articles of consolidation or merger.

§ 117-43. Filing and recording of articles of consolidation or merger.
Articles of consolidation or merger shall be filed with the Secretary of State, who shall forthwith prepare one or more certified copies thereof and forward one to the register of deeds of each county in which a portion of the territory of the filing corporation is authorized to furnish service, which registers of deeds shall forthwith file such certified copy in their respective offices and record the same as articles of incorporation are recorded. As soon as the provisions of this section have been complied with, the new consolidated corporation or the surviving merged corporation, described and named in the articles so filed, shall become and constitute a body corporate in accordance with the provisions of such articles. (1979, c. 285, s. 4.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 5 - Consolidation and Merger. › § 117-44 - Effect of consolidation or merger.

§ 117-44. Effect of consolidation or merger.
Upon compliance with the provisions of G.S. 117-44:
(1) a. In the case of a consolidation, the existence of the consolidating corporations shall cease and the articles of consolidation shall be deemed to be the articles of incorporation of the new corporation; and
b. In the case of a merger, the separate existence of the merging corporations shall cease and the articles of incorporation of the surviving corporation shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger.
(2) All the rights, privileges, immunities and franchises and all property, real and personal, including without limitation applications for membership, all debts due on whatever account and all other choses in action, of each of the consolidating or merging corporations shall be deemed to be transferred to and vested in the new or surviving corporation without further act or deed.
(3) The new or surviving corporation shall be responsible and liable for all the liabilities and obligations of each of the consolidating or merging corporations and any claim existing or action or proceeding pending by or against any of the consolidating or merging corporations may be prosecuted as if the consolidation or merger had not taken place, but the new or surviving corporation may be substituted in its place.
(4) Neither the rights of creditors nor any liens upon the property of any of such corporations shall be impaired by such consolidation or merger. (1979, c. 285, s. 4.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 5 - Consolidation and Merger. › § 117-45 - Validation.

§ 117-45. Validation.
No provision of Article 5 nor any provision thereof shall, or shall be construed to, express or imply the invalidity or invalidation of the incorporation or operations of any electric or telephone membership corporation heretofore organized and operating under Chapter 117 of the General Statutes, including but not limited to North Carolina Electric Membership Corporation and any two or more electric or telephone membership corporations which have substantively merged or consolidated; and any such substantive mergers or consolidations are hereby specifically validated. (1979, c. 285, s. 4.)
2023 North Carolina General Statutes › Chapter 117 - Electrification › Article 6 - Indemnification. › § 117-46 - Indemnification of directors, officers, employees, or agents.

§ 117-46. Indemnification of directors, officers, employees, or agents.
The powers, authority and requirements as to indemnification, payment of expenses, and purchase of liability insurance for directors, officers, employees and agents, as set out in G.S. 55A-17.1, 55A-17.2 and G.S. 55A-17.3 shall apply to and may be exercised by any corporation formed under this Chapter. The indemnification of a director, officer, employee or agent of a corporation provided by this section shall not be deemed exclusive of any other rights to which such director, officer, employee or agent may be entitled, under any bylaw, agreement, vote of board of directors or members, or otherwise with respect to any liability or litigation expenses arising out of his activities as director, officer, employee, or agent. (1987, c. 107.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 1 - Lubricating Oils. › § 119-1 - Unlawful substitution.

§ 119-1. Unlawful substitution.
It shall be unlawful for any person, firm or corporation to fill any order for lubricating oil, designated by a trademark or distinctive trade name for an automobile or other internal combustion engine with a spurious or substitute oil unless and until it is explained to the person giving the order that the oil offered is not the oil that he has ordered, and the purchaser shall thereupon elect to take the substitute article that is being offered to him. (1927, c. 174, s. 1.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 1 - Lubricating Oils. › § 119-2 - Brand or trade name of lubricating oil to be displayed.

§ 119-2. Brand or trade name of lubricating oil to be displayed.
It shall be unlawful for any person, firm or corporation to sell, offer for sale or delivery, or to cause or permit to be sold, offered for sale or delivery, any oil represented as lubricating oil for internal combustion engines unless there shall be firmly attached to or painted at or near the point or outlet from which said oil represented as lubricating oil for internal combustion engines is drawn or poured out for sale or delivery, a sign or label consisting of the word or words in at all times legible letters not less than one-half inch in height comprising the brand or trade name of said lubricating oil: Provided, that if any of said lubricating oil shall have no brand or trade name, the above required sign or label shall consist of the words in letters not less than three inches high, "Lubricating Oil No Brand." (1927, c. 174, s. 2.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 1 - Lubricating Oils. › § 119-3 - Misrepresentation of brands for sale.

§ 119-3. Misrepresentation of brands for sale.
It shall be unlawful for any person, firm or corporation to display, at the place of sale, any sign, label or other designating mark which describes any lubricating oil for internal combustion engines not actually sold or offered for sale or delivered at the location at which the sign, label or other designating mark is displayed, or to display any label upon any container which label names or describes any lubricating oil for internal combustion engines not actually contained therein, but offered for sale or sold as such: Provided, this section shall not prevent the advertising of such products when no lubricating oil is offered for sale at such place of advertisement. (1927, c. 174, s. 3.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 1 - Lubricating Oils. › § 119-4 - Misdemeanor.

§ 119-4. Misdemeanor.
Any person, firm or corporation violating any of the provisions of this Article shall for each offense be deemed guilty of a Class 2 misdemeanor. (1927, c. 174, s. 4; 1993, c. 539, s. 899; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 1 - Lubricating Oils. › § 119-5 - Person violating or allowing employee to violate Article to forfeit $100.00.

§ 119-5. Person violating or allowing employee to violate Article to forfeit $100.00.
Any person violating this Article, or any person, firm or corporation whose servant, agent or other employee violates this Article in the course of his employment shall forfeit to the manufacturer whose oil was ordered, or to the proprietor of the trademark or trade name by which the oil order was designated by the purchaser, as the case may be, one hundred dollars ($100.00) for each such offense, to be recovered by suit by the person, firm or corporation claiming the penalty against the person, firm or corporation from whom the penalty is claimed. (1927, c. 174, s. 5.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 1 - Lubricating Oils. › § 119-6 - Inspection duties devolve upon Commissioner of Agriculture.

§ 119-6. Inspection duties devolve upon Commissioner of Agriculture.
The duties of inspection required by G.S. 119-1 through 119-5 shall be performed by the Commissioner of Agriculture. (1933, c. 214, s. 9; 1949, c. 1167.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc. › § 119-7 - Sale of automobile fuels and lubricants by deception as to quality, etc., prohibited.

§ 119-7. Sale of automobile fuels and lubricants by deception as to quality, etc., prohibited.
It shall be unlawful for any person, firm, copartnership, partnership or corporation to store, sell, offer or expose for sale any liquid fuels, lubricating oils, greases or other similar products in any manner whatsoever which may deceive, tend to deceive or have the effect of deceiving the purchaser of said products, as to the nature, quality or quantity of the products so sold, exposed or offered for sale. (1933, c. 108, s. 1.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc. › § 119-8 - Sale of fuels, etc., different from advertised name prohibited.

§ 119-8. Sale of fuels, etc., different from advertised name prohibited.
No person, firm, partnership, copartnership, or corporation shall keep, expose or offer for sale, or sell any liquid fuels, lubricating oils, greases or other similar products from any container, tank, pump or other distributing device other than those manufactured or distributed by the manufacturer or distributor indicated by the name, trademark, symbol, sign or other distinguishing mark or device appearing upon said tank, container, pump or other distributing device in which said products were sold, offered for sale or distributed. (1933, c. 108, s. 2.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc. › § 119-9 - Imitation of standard equipment prohibited.

§ 119-9. Imitation of standard equipment prohibited.
It shall be unlawful for any person, firm or corporation to disguise or camouflage his or their own equipment, by imitating the design, symbol, or trade name of the equipment under which recognized brands of liquid fuels, lubricating oils and similar products are generally marketed. (1933, c. 108, s. 3.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc. › § 119-10 - Juggling trade names, etc., prohibited.

§ 119-10. Juggling trade names, etc., prohibited.
It shall be unlawful for any person, firm or corporation to expose or offer for sale or sell under any trademark, trade name or name or other distinguishing mark any liquid fuels, lubricating oils, greases or other similar products other than those manufactured or distributed by the manufacturer or distributor marketing such products under such trade name, trademark or name or other distinguishing mark. (1933, c. 108, s. 4.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc. › § 119-11 - Mixing different brands for sale under standard trade name prohibited.

§ 119-11. Mixing different brands for sale under standard trade name prohibited.
It shall be unlawful for any person or persons, firm or firms, corporation or corporations or any of their servants, agents or employees, to mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of the manufacturer or distributor with the products of any other manufacturer or distributor, or adulterate the same, and expose or offer for sale or sell such mixed, blended or compounded products under the trade name, trademark or name or other distinguishing mark of either of said manufacturers or distributors, or as the adulterated products of such manufacturer or distributor: Provided, however, that nothing herein shall prevent the lawful owner thereof from applying its own trademark, trade name or symbol to any product or material. (1933, c. 108, s. 5.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc. › § 119-12 - Aiding and assisting in violation of Article prohibited.

§ 119-12. Aiding and assisting in violation of Article prohibited.
It shall be unlawful, and upon conviction punishable as will hereinafter be stated, for any person or persons, firm or firms, partnership or copartnership, corporation or corporations or any of their agents or employees, to aid or assist any other person in violating any of the provisions of this Article by depositing or delivering into any tank, pump, receptacle or other container any liquid fuels, lubricating oils, greases or other like products other than those intended to be stored, therein, as indicated by the name of the manufacturer or distributor, or the trademark, the trade name, name or other distinguishing mark of the product displayed in the container itself, or on the pump or other distributing device used in connection therewith, or shall by any other means aid or assist another in the violation of any of the provisions of this Article. (1933, c. 108, s. 6.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2 - Liquid Fuels, Lubricating Oils, Greases, etc. › § 119-13 - Violation made misdemeanor.

§ 119-13. Violation made misdemeanor.
Every person, firm or firms, partnership or copartnership, corporation or corporations, or any of their agents, servants or employees, violating any of the provisions of this Article shall be guilty of a Class 1 misdemeanor. (1933, c. 108, s. 7; 1993, c. 539, s. 900; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2A - Regulation of Rerefined or Reprocessed Oil. › § 119-13.1 - Definitions.

§ 119-13.1. Definitions.
As used in this Article:
(1) "Lubricating oil" means any oil classified for the use in an internal combustion engine, hydraulic system, gear box, differential, or wheel bearings.
(1a) "Recycled oil" means any oil prepared from used oil for energy recovery or reuse as a petroleum product by reclaiming, reprocessing, rerefining, or other means that use properly treated used oil as a substitute for petroleum products.
(1b) "Rerefined oil" means used oil that is refined to remove the physical and chemical contaminants acquired through use and that, by itself or when blended with new lubricating oil or additives, meets applicable American Petroleum Institute (A.P.I.) service classifications.
(2) "Specifications" means the minimum chemical properties or analysis as determined by the American Society for Testing Materials (A.S.T.M.) test methods using current ASTM analytical procedures.
(3) "Used oil" means any oil that has been refined from crude or synthetic oil and, as a result of use, storage, or handling becomes unsuitable for its original purpose due to the loss of its original properties or the presence of impurities, but that may be rerefined for further use. (1953, c. 1137; 1979, c. 158, s. 1; 1995, c. 516, s. 1.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2A - Regulation of Rerefined or Reprocessed Oil. › § 119-13.2 - Labels required on sealed containers; oil to meet minimum specifications.

§ 119-13.2. Labels required on sealed containers; oil to meet minimum specifications.
(a) It shall be unlawful to offer for sale or sell or deliver in this State previously used oil that has not been rerefined or recycled oil that has not been rerefined, as defined in G.S. 119-13.1, in a sealed container unless this container be labeled or bear a label on which shall be expressed the brand or trade name of the oil and the words "made from previously used lubricating oil"; the name and address of the person, firm, or corporation that has rerefined or reprocessed said oil or placed it in the container; the Society of Automotive Engineers (S.A.E.) viscosity grade; the net contents of the container expressed in U.S. liquid measure of quarts, gallons, or pints; which label has been registered and approved by the Gasoline and Oil Inspection Division of the Department of Agriculture and Consumer Services; and that the oil in each container shall meet the minimum specifications. The Gasoline and Oil Inspection Board shall adopt minimum quality specifications, the measurement of which shall be accomplished using current A.S.T.M. analytical procedures.
(b) A person may represent a product made in whole or in part from rerefined oil to be substantially equivalent to a product made from virgin oil for a particular end use if the product conforms with the applicable American Petroleum Institute (A.P.I.) service classifications. (1953, c. 1137; 1979, c. 158, s. 2; 1995, c. 516, s. 2; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 2A - Regulation of Rerefined or Reprocessed Oil. › § 119-13.3 - Violation a misdemeanor.

§ 119-13.3. Violation a misdemeanor.
Any person, firm, or corporation violating any of the provisions of this Article shall for each offense be guilty of a Class 1 misdemeanor. For a second or subsequent offense, the person shall also be enjoined from selling or distributing previously used oil for not less than one year nor more than five years. (1953, c. 1137; 1993, c. 539, s. 901; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 516, s. 3.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-15 - Definitions that apply to Article.

§ 119-15. Definitions that apply to Article.
The following definitions apply in this Article:
(1) Alternative fuel. – Defined in G.S. 105-449.130.
(2) Aviation gasoline. – Defined in G.S. 105-449.60.
(3) Dyed diesel fuel. – Defined in G.S. 105-449.60.
(4) Dyed diesel fuel distributor. – A person who acquires dyed diesel fuel from either of the following:
a. A person who is not required to be licensed under Part 2 of Article 36C of Chapter 105 of the General Statutes and who maintains storage facilities for dyed diesel fuel to be used for nonhighway purposes.
b. Another dyed diesel fuel distributor.
(5) Gasoline. – Defined in G.S. 105-449.60.
(6) Jet fuel. – Defined in G.S. 105-449.60.
(7) Kerosene. – Defined in G.S. 105-449.60.
(8) Kerosene distributor. – A person who acquires kerosene from any of the following for subsequent sale:
a. A supplier licensed under Part 2 of Article 36C of Chapter 105 of the General Statutes.
b. A kerosene supplier.
c. Another kerosene distributor.
(9) Kerosene supplier. – Either of the following:
a. A person who supplies both kerosene and motor fuel and, consequently, is required to be licensed under Part 2 of Article 36C of Chapter 105 of the General Statutes.
b. A person who is not required to be licensed as a supplier under Part 2 of Article 36C of Chapter 105 of the General Statutes and who maintains storage facilities for kerosene to be used to fuel an airplane.
(10) Motor fuel. – Defined in G.S. 105-449.60.
(11) Person. – Defined in G.S. 105-229.90.
(12) Terminal. – Defined in G.S. 105-449.60.
(13) Terminal operator. – Defined in G.S. 105-449.60. (1937, c. 425, s. 2; 1995, c. 390, s. 19; 1995 (Reg. Sess., 1996), c. 647, s. 53; 1997-6, s. 17; 2003-349, s. 10.12; 2005-435, s. 19; 2008-134, s. 59.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-15.1 - List of persons who must have a license.

§ 119-15.1. List of persons who must have a license.
(a) License. – A person may not engage in business in this State as any of the following unless the person has a license issued by the Secretary authorizing the person to engage in business:
(1) A kerosene supplier.
(2) A kerosene distributor.
(3) A kerosene terminal operator.
(4) A dyed diesel fuel distributor.
(b) Exception. – A kerosene supplier license is not required if the supplier is licensed as a supplier under Part 2 of Article 36C of Chapter 105 of the General Statutes. A kerosene distributor is required to have a kerosene distributor license only if the distributor imports kerosene. Other kerosene distributors may elect to have a kerosene license. A kerosene terminal operator license is not required if the terminal operator is licensed as a terminal operator under Part 2 of Article 36C of Chapter 105 of the General Statutes. (2003-349, s. 10.14; 2004-170, s. 33; 2004-203, s. 82; 2005-435, s. 20.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-15.2 - How to apply for a license.

§ 119-15.2. How to apply for a license.
To obtain a license, an applicant must file an application with the Secretary of Revenue on a form provided by the Secretary. An application must include the applicant's name, address, federal employer identification number, and any other information required by the Secretary. An applicant must meet the requirements for obtaining a license set out in G.S. 105-449.69(b) and (c). (2003-349, s. 10.14.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-15.3 - Bond or letter of credit required as a condition of obtaining and keeping certain licenses.

§ 119-15.3. Bond or letter of credit required as a condition of obtaining and keeping certain licenses.
(a) Initial Bond. – An applicant for a license as a kerosene supplier, kerosene distributor, or kerosene terminal operator must file with the Secretary of Revenue a bond or an irrevocable letter of credit. A bond or irrevocable letter of credit must be conditioned upon compliance with the requirements of this Article, be payable to the State, and be in the form required by the Secretary. The amount of the bond or irrevocable letter of credit may not be less than five hundred dollars ($500.00) and may not be more than twenty thousand dollars ($20,000).
(b) Adjustments to Bond. – When notified by the Secretary of Revenue, a person that has filed a bond or irrevocable letter of credit and that holds a license listed in this Article must file an additional bond or irrevocable letter of credit in the amount requested by the Secretary. The person must file the additional bond or irrevocable letter of credit within 30 days after receiving the notice from the Secretary. The amount of the initial bond or irrevocable letter of credit and the additional bond or irrevocable letter of credit by the license holder, however, may not exceed the limits set in subsection (a) of this section.
(c) Class 1. – A person who fails to comply with this section is guilty of a Class 1 misdemeanor. (2003-349, s. 10.14; 2004-203, s. 82; 2005-435, s. 21.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-16.3 - Certain kerosene sales prohibited.

§ 119-16.3. Certain kerosene sales prohibited.
It shall be a Class 1 misdemeanor for any distributor to sell kerosene dispensed from a pump located on the same island where there are pumps dispensing gasoline or gasohol. An island is a group of two or more dispensing pumps within 15 feet of each other. This section shall apply only to pumps installed after October 1, 1985. (1985, c. 314; 1993, c. 539, s. 903; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-21 - On failure to report, Secretary may determine tax.

§119-21. On failure to report, Secretary may determine tax.
Whenever any person shall neglect or refuse to make and file any report as required by this Article, or shall file an incorrect or fraudulent report, the Secretary of Revenue shall determine after an investigation the number of gallons of kerosene oil and other motor fuel with respect to which the person has incurred liability under the tax laws of the State of North Carolina, and shall fix the amount of the taxes and penalties payable by the person under this Article accordingly. In any action or proceeding for the collection of the inspection tax for kerosene oil or motor fuel and/or any penalties or interest imposed in connection therewith, an assessment by the Secretary of Revenue of the amount of tax due, and/or interest and/or penalties due to the State, shall constitute prima facie evidence of the claim of the State; and the burden of proof shall be upon the person to show that the assessment was incorrect and contrary to law; and the Secretary of Revenue may institute action therefor in the Superior Court of Wake County, regardless of the residence of such person or the place where the default occurred. (1933, c. 544, s. 12; 1973, c. 476, s. 193.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-23 - Administration by Commissioner of Agriculture; collection of fees by Department of Revenue and payment into State treasury; disposition of moneys by State Treasurer.

§ 119-23. Administration by Commissioner of Agriculture; collection of fees by Department of Revenue and payment into State treasury; disposition of moneys by State Treasurer.
Gasoline and oil inspection fees or taxes shall be collected by, and reports relating thereto, shall be made to, the Department of Revenue. The administration of the gasoline and oil inspection law shall otherwise be administered by the Commissioner of Agriculture. Except as provided in G.S. 119-26.1(c) and G.S. 119-39.1, all moneys received under the authority of this Article shall be paid into the State treasury and the State Treasurer shall place to the credit of the "State Highway Fund" that proportion of said funds representing inspection fees collected on highway use motor fuels, as certified monthly to the State Treasurer by the Secretary of Revenue, and the remainder of said funds shall be credited to the general fund. (1937, c. 425, s. 6; 1941, c. 36; 1949, c. 1167; 1963, c. 245; 1973, c. 476, s. 193; 1998-215, s. 23(b).)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-25 - Inspectors, clerks and assistants.

§ 119-25. Inspectors, clerks and assistants.
The Secretary of Revenue and the Commissioner of Agriculture, respectively, shall appoint and employ such number of inspectors, clerks and assistants as may be necessary to administer and effectively enforce all the provisions of the gasoline and oil inspection law with the administration or enforcement of which each said Commissioner [or Secretary] is charged. All inspectors shall be bonded in the sum of one thousand dollars ($1,000) in the usual manner provided for the bonding of State employees, and the expense of such bonding shall be paid from the Gasoline and Oil Inspection Fund created by this Article. Each inspector, before entering upon his duties, shall take an oath of office before some person authorized to administer oaths. Any inspector who, while in office, shall be interested directly or indirectly in the manufacture or vending of any illuminating oils or gasoline or other motor fuels shall be guilty of a Class 1 misdemeanor. (1937, c. 425, s. 8; 1949, c. 1167; 1973, c. 476, s. 193; 1993, c. 539, s. 904; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-26.1 - Content of motor fuels and reformulated gasoline.

§ 119-26.1. Content of motor fuels and reformulated gasoline.
(a) Rules adopted pursuant to G.S. 143-215.107(a)(9) to regulate the content of motor fuels or to require the use of reformulated gasoline shall be implemented by the Department of Agriculture and Consumer Services and the Gasoline and Oil Inspection Board. Such rules shall be implemented within any area specified by the Environmental Management Commission when the Commission certifies to the Commissioner of Agriculture that implementation:
(1) Will improve the ambient air quality within the specified county or counties;
(2) Is necessary to achieve attainment or preclude violations of the National Ambient Air Quality Standards; or
(3) Is otherwise necessary to meet federal requirements.
(b) The Department of Agriculture and Consumer Services and the Gasoline and Oil Inspection Board may adopt rules to implement this section. Rules shall be consistent with the implementation schedule and rules adopted by the Environmental Management Commission.
(c) The Commissioner of Agriculture may assess and collect civil penalties for violations of rules adopted under G.S. 143-215.107(a)(9) or this section in accordance with G.S. 143-215.114A. The Commissioner of Agriculture may institute a civil action for injunctive relief to restrain, abate, or prevent a violation or threatened violation of rules adopted under G.S. 143-215.107(a)(9) or this section in accordance with G.S. 143-215.114C. The assessment of a civil penalty under this section and G.S. 143-215.114A or institution of a civil action under G.S. 143-215.114C and this section shall not relieve any person from any other penalty or remedy authorized under this Article.
(c1) 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.
(d) The Commissioner of Agriculture may delegate his powers and duties under this subsection to the Director of the Standards Division of the Department of Agriculture and Consumer Services. (1991 (Reg. Sess., 1992), c. 889, s. 4; 1997-261, s. 83; 1998-215, s. 23(a); 1999-328, s. 2.3.)
2023 North Carolina General Statutes › Chapter 119 - Gasoline and Oil Inspection and Regulation › Article 3 - Gasoline and Oil Inspection. › § 119-26.3 - MTBE in motor fuels prohibited.

§ 119-26.3. MTBE in motor fuels prohibited.
(a) Definitions. – As used in this section:
(1) "Motor fuel" has the same meaning as in G.S. 105-449.60.
(2) "MTBE" means the fuel additive methyl tertiary butyl ether.
(b) Prohibition; De Minimis Exception. – No person shall knowingly add MTBE to any motor fuel manufactured, distributed, stored, sold, or offered for sale in this State. No person shall manufacture, distribute, store, sell, or offer for sale motor fuel that contains a concentration of MTBE of more than one-half of one percent (0.5%) by volume in this State. The presence of MTBE in a motor fuel caused solely by incidental commingling of the motor fuel with other motor fuel that contains MTBE during transfer or storage of the motor fuel does not constitute a violation of this section.
(c) Transportation Through State Not Prohibited. – This section shall not be construed to prohibit the transport of motor fuel containing MTBE through this State.
(d) Rules. – The Gasoline and Oil Inspection Board shall adopt rules to implement this section. (2005-93, s. 1.)