reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 30 - Board of Crop Seed Improvement. › § 106-275 - False certification of purebred crop seeds made misdemeanor.

§ 106-275. False certification of purebred crop seeds made misdemeanor.
It shall be a Class 1 misdemeanor for any person, firm, association, or corporation, selling seeds, tubers, plants, or plant parts in North Carolina, to use any evidence of certification, such as a blue tag or the word "certified" or both, on any package of seed, tubers, plants, or plant parts, nor shall the word "certified" be used in any advertisement of seeds, tubers, plants, or plant parts, unless such commodities used for plant propagation shall have been duly inspected and certified by the agency of certification provided for in this Article, or by a similar legally constituted agency of another state or foreign country. (1933, c. 340, s. 1; 1993, c. 539, s. 757; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 30 - Board of Crop Seed Improvement. › § 106-276 - Supervision of certification of crop seeds.

§ 106-276. Supervision of certification of crop seeds.
Certification of crop seeds shall be subject to the supervision of the Board of Crop Seed Improvement. The North Carolina Crop Improvement Association is recognized as the official agency for seed certification. (1929, c. 325, s. 7; 1955, c. 330, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277 - Purpose.

§ 106-277. Purpose.
The purpose of this Article is to regulate the labeling, possessing for sale, sale and offering or exposing for sale or otherwise providing for planting purposes of agricultural seeds and vegetable seeds; to prevent misrepresentation thereof; and for other purposes. (1963, c. 1182; 1987 (Reg. Sess., 1988), c. 1034, s. 1; 2009-455, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.1 - Short title.

§ 106-277.1. Short title.
This Article shall be known by the short title of "The North Carolina Seed Law of 1963." (1941, c. 114, s. 1; 1945, c. 828; 1949, c. 725; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.3 - Label or tag requirements generally.

§ 106-277.3. Label or tag requirements generally.
Each container of agricultural and vegetable seeds which is sold, offered or exposed for sale, or transported within or into this State for seeding purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language giving the information required under G.S. 106-277.4 through 106-277.7, which information shall not be modified or denied in the labeling or on another label attached to the container. (1941, c. 114, s. 4; 1943, c. 203, s. 2; 1945, c. 828; 1949, c. 725; 1959, c. 585, s. 1; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.5 - Labels for agricultural seeds.

§ 106-277.5. Labels for agricultural seeds.
Agricultural seeds sold, offered or exposed for sale, transported for sale, or otherwise distributed within this State shall be labeled to show the following information:
(1) The commonly accepted name of the kind and the variety, or kind and the phrase "variety not stated" for each agricultural seed component, in excess of five percent (5%) of the whole, and the percentage by weight of each in order of its predominance. The Board of Agriculture may, pursuant to G.S. 106-277.15, require the variety to be stated on the labeling for certain kinds of agricultural seed, and the phrase "variety not stated" shall not be used on the labeling of such seed. When more than one component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label. Second generation from hybrid seeds, if sold, shall be labeled "second generation (of the parent), variety not stated." "F" designations on labels, unless used as a part of a variety name, will refer only to size and shape of corn seeds.
(2) Lot identification.
(3) Net weight.
(4) Origin, if known. If the origin is unknown, the fact shall be stated.
(5) Percentage by weight of inert matter.
(6) Percentage by weight of agricultural seeds and/or vegetable seeds (which shall be designated as "other crop seeds") other than those named on the label. Different varieties of the same kind of seed, when in quantities of less than five percent (5%) will be considered as other crop seed.
(7) Percentage by weight of all weed seeds, including noxious-weed seeds.
(8) For each named agricultural seed:
a. Percentage of germination, exclusive of hard seed.
b. Percentage of hard seeds, if present.
c. The calendar month and year the test was completed to determine such percentages.
In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired.
(9) The name and number per pound of each kind of restricted noxious-weed seed present.
(10) Name and address of person who labeled said seed or who sells, offers or exposes said seed for sale within this State. If the seeds are labeled by the shipper for a consignee within this State, the shipper may use his approved code designation with the name and address of the consignee.
(11) Such other information as the Board shall prescribe by rule. (1941, c. 114, s. 4; 1943, c. 203, s. 2; 1945, c. 828; 1949, c. 725; 1959, c. 585, s. 1; 1963, c. 1182; 1971, c. 637, s. 3; 1987 (Reg. Sess., 1988), c. 1034, s. 6; 1995, c. 47, s. 1; 2009-455, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.6 - Labels for vegetable seeds in containers of one pound or less.

§ 106-277.6. Labels for vegetable seeds in containers of one pound or less.
Labels for vegetable seeds in containers of one pound or less shall show the following information:
(1) Name of kind and variety of seed.
(2) Repealed by Session Laws 2009-455, s. 4, effective October 1, 2009.
(2a) Lot identification.
(3) Repealed by Session Laws 2009-455, s. 4, effective October 1, 2009.
(3a) One of the following, as applicable:
a. The statement "Packed for (year)" or "Sell by (year)."
b. The statement "Sell by (month)(year)" where the month and year in which the germination test was complete is no more than 12 months from the date of the test, exclusive of the month and year of the test.
c. The percentage germination and the calendar month and year that the test was completed to determine the percentage, provided that the germination test was completed within 12 months, exclusive of the month and year of the test.
(4) For seeds which germinate less than the standards last established by the Commissioner and approved by the Board of Agriculture under the Article:
a. Percentage of germination, exclusive of hard seed.
b. Percentage of hard seed, if present.
c. The calendar month and year the test was completed to determine such percentage.
In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired.
d. The words "Below Standard" in not less than eight-point type.
(5) Name and address of person who labeled said seed or who sells, offers or exposes said seed for sale within this State. If the seeds are labeled by the shipper for a consignee within this State, the shipper may use his approved code designation with the name and address of the consignee.
(6) Such other information as the Board shall prescribe by rule. (1941, c. 114, s. 4; 1943, c. 203, s. 2; 1945, c. 828; 1949, c. 725; 1959, c. 585, s. 1; 1963, c. 1182; 1971, c. 637, s. 4; 1995, c. 47, s. 2; 2009-455, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.7 - Labels for vegetable seeds in containers of more than one pound.

§ 106-277.7. Labels for vegetable seeds in containers of more than one pound.
Vegetable seeds in containers of more than one pound shall be labeled to show the following information:
(1) The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance.
(2) Lot identification.
(3) Repealed by Session Laws 2009-455, s. 5, effective October 1, 2009.
(4) For each named vegetable seed:
a. The percentage of germination exclusive of hard seed.
b. The percentage of hard seed, if present.
c. The calendar month and year the test was completed to determine such percentages.
In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired.
(5) Net weight, except when in bulk as defined in this Article.
(6) Name and address of persons who labeled said seed or who sells, offers or exposes said seed for sale within this State. If the seeds are labeled by the shipper for a consignee within this State, the shipper may use his approved code designation with the name and address of the consignee.
(7) No tag or label shall be required, unless requested, on seeds sold directly to and in the presence of the purchaser and taken from a bag or container properly labeled.
(8) Such other information as the Board shall prescribe by rule. (1941, c. 114, s. 4; 1943, c. 203, s. 2; 1945, c. 828; 1949, c. 725; 1959, c. 585, s. 1; 1963, c. 1182; 1971, c. 637, s. 5; 1995, c. 47, s. 3; 2009-455, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.8 - Responsibility for presence of labels.

§ 106-277.8. Responsibility for presence of labels.
(a) The immediate vendor of any lot of seed which is sold, offered or exposed for sale shall be responsible for the presence of the labels required to be attached to any lots of seed whether he is offering for sale or selling seed which bears labels of a previous vendor, with or without endorsement, or bears his own label.
(b) The labeler of any original or unbroken lot of seed shall be responsible for the presence of and the information on all labels attached to said lot of seed at the time he sells or offers for sale such lot of seed. (1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.11 - Disclaimers, nonwarranties and limited warranties.

§ 106-277.11. Disclaimers, nonwarranties and limited warranties.
The use of a disclaimer, nonwarranty or limited warranty clause in any invoice, advertising [or] written, printed or graphic matter pertaining to any seed shall not constitute a defense, or be used as a defense in any way, in any prosecution or in any proceedings for confiscation of seeds brought under the provisions of this Article or rules and regulations made and promulgated thereunder. (1945, c. 828; 1949, c. 725; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.12 - Records.

§ 106-277.12. Records.
All persons transporting or delivering for transportation, selling, offering or exposing for sale agricultural or vegetable seeds if their name appears on the label shall keep for a period of two years a file sample and a complete record of such seed, including invoices showing lot number, kind and variety, origin, germination, purity, treatment, and the labeling of each lot. The Commissioner or the Commissioner's duly authorized agents shall have the right to inspect such records in connection with the administration of this Article at any time during customary business hours. If the records are available electronically, the electronic records shall be made available to the Commissioner or the Commissioner's authorized representative. (1945, c. 828; 1949, c. 725; 1963, c. 1182; 2021-78, s. 8(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.13 - Tolerances to be established and used in enforcement.

§ 106-277.13. Tolerances to be established and used in enforcement.
Due to variations which may occur between the analyses or tests and likewise between label statements and the results of subsequent analyses and tests, recognized tolerances shall be employed in the enforcement of the provisions of this Article, except as otherwise established by appropriate rules and regulations promulgated under authority of this Article. (1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.15 - Rules, regulations and standards.

§ 106-277.15. Rules, regulations and standards.
The Board of Agriculture, in accordance with the Administrative Procedure Act, may adopt such rules, regulations and standards which they may find to be advisable or necessary to carry out and enforce the purposes and provisions of this Article, which shall have the force and effect of law. The Board of Agriculture shall adopt rules, regulations and standards as follows:
(1) Prescribing the methods of sampling, inspecting, analyzing, testing and examining agricultural and vegetable seed, and determining the tolerance to be followed in the administration of this Article.
(2) Declaring a list of prohibited and restricted noxious weeds, conforming with the definitions stated in this Article, and to add to or subtract therefrom, from time to time, after a public hearing following due public notice.
(3) Declaring the maximum percentage of total weed seed content permitted in agricultural seed.
(4) Declaring the maximum number of "restricted" noxious-weed seeds per pound of agricultural seed permitted to be sold, offered or exposed for sale.
(5) Declaring the minimum percentage of germination permitted for sale as "Agricultural Seeds."
(6) Declaring germination standards for vegetable seeds.
(7) Prescribing the form and use of tags or stamps to be used in labeling seed.
(8) Prescribing such other rules and regulations as may be necessary to secure the efficient enforcement of this Article.
(9) Establishing fees and charges for agricultural and vegetable seed testing and analysis.
(10) Prescribing minimum hybrid percentage for labeling for each species hybridized.
(11) Prescribing labeling and coloring requirements for treated seed.
(12) Establishing a Tobacco Seed Committee which shall approve flue-cured tobacco varieties prior to registration with the Department.
(13) Prescribing labeling requirements for agricultural and vegetable seed. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182; 1981, c. 495, s. 6; 1987 (Reg. Sess., 1988), c. 1034, s. 10; 1995, c. 47, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.16 - Seed-testing facilities.

§ 106-277.16. Seed-testing facilities.
The Commissioner is authorized to establish and maintain or make provision for seed-testing facilities, to employ educationally qualified persons, to make or provide for making purity and germination tests of seeds, upon request, for farmers or seedsmen, and to prescribe rules and regulations governing such testing, and to incur such expenses as may be necessary to comply with these provisions. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.17 - Registration and variety testing.

§ 106-277.17. Registration and variety testing.
The Commissioner is authorized to require the registration, after field testing for performance and trueness-to-variety, of any variety, blend, or hybrid as a prerequisite to sale in this State and to promulgate rules and regulations pertaining to same. The Commissioner is further authorized to prohibit the sale of any variety, blend, or hybrid or any kind of crop, by and with the advice of the Director of the North Carolina Agricultural Research Service, that has been found by official field tests to be inferior, misrepresented or unsuited to conditions within the State. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182; 1987 (Reg. Sess., 1988), c. 1034, ss. 11, 12; 1989, c. 770, s. 24.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.18 - Registration and licensing of dealers.

§ 106-277.18. Registration and licensing of dealers.
It shall be the duty of the Commissioner and he is hereby authorized to require each seed dealer selling, offering or exposing for sale in, or exporting from, this State any agricultural or vegetable seeds for seeding purposes, including packet or package seeds, to register with the Commissioner and to obtain a license annually. (1941, c. 114, s. 7; 1945, c. 828; 1947, c. 928; 1949, c. 725; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.19 - Revocation, suspension, or refusal of license for cause; hearing; appeal.

§ 106-277.19. Revocation, suspension, or refusal of license for cause; hearing; appeal.
In accordance with Chapter 150B of the General Statutes, the Commissioner is authorized to suspend any seed license issued for a period not to exceed three years, revoke any seed license issued, or to refuse to issue a seed license to any person upon satisfactory proof that said person has repeatedly violated any of the provisions of this Article or any of the rules adopted thereunder. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182; 2013-345, s. 1(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.20 - Right of entry for purposes of inspection; duty of vendors.

§ 106-277.20. Right of entry for purposes of inspection; duty of vendors.
For the purpose of carrying out this Article the Commissioner or his agent is authorized to enter upon any public or private premises during regular business hours in order to have access to seeds subject to his Article and the rules and regulations thereunder. It shall be the duty of the dealer or vendor to arrange seed lots so as to be accessible for inspection, and to provide such information and records as may be deemed necessary. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.21 - Sampling, inspecting and testing; notice of violations.

§ 106-277.21. Sampling, inspecting and testing; notice of violations.
It shall be the duty of the Commissioner, who may act through his authorized agents, to sample, inspect, make analysis of and test agricultural and vegetable seeds transported, held in storage, sold, offered or exposed for sale within this State for sowing purposes at such time and place and to such extent as he may deem necessary to determine whether said seeds are in compliance with the provisions of this Article, and to notify promptly the person or persons who transported, had in his possession, sold, offered or exposed the seeds for sale of any violation. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.22 - Stop-sale orders; penalty covering expenses; appeal.

§ 106-277.22. Stop-sale orders; penalty covering expenses; appeal.
The Commissioner is authorized to issue and enforce a written or printed "stop-sale" order to the owner or custodian of any lot of agricultural or vegetable seeds which the Commissioner, or his authorized agent, finds is in violation of any of the provisions of this Article or the rules and regulations promulgated thereunder, which order shall prohibit further sale or movement of such seed until such officer has evidence that the law has been complied with and a written release has been issued to the owner or custodian of said seed by the enforcement officer. Any person violating the labeling requirements of the law shall be subject to a penalty covering all costs and expenses incurred in connection with the withdrawal from sale and the release of said seed. With respect to seeds which have been denied sale as provided in this section, the owner, custodian or the person labeling such seeds shall have the right to appeal from such order to the superior court of the county in which the seeds are found, praying for judgment as to the justification of said order and for discharge of such seed from the order prohibiting the same in accordance with the findings of the court; and provided, further, that the provisions of this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this Article. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.23 - Notice of violations; hearings, prosecutions or warnings.

§ 106-277.23. Notice of violations; hearings, prosecutions or warnings.
It shall be the duty of the Commissioner to give notice of every violation of the provisions of this Article with respect to agricultural or vegetable seeds, or mixtures of such seeds, to the person in whose hands such seeds are found, and to send copies of such notice to the shipper of such seed and to the person whose "analysis tag or label" is attached to the container of such seeds, in which notice the Commissioner may designate a time and place for a hearing. The person or persons involved shall have the right to introduce evidence either in person or by agent or attorney. If, after hearing, or without such hearing in the event the person fails or refuses to appear, the Commissioner is of the opinion that the evidence warrants prosecution he may institute proceedings in a court of competent jurisdiction in the locality which the violation occurred or, if he believes the public interest will be adequately served thereby, he may direct to the alleged violator a suitable written notice or warning. (1941, c. 114, s. 8; 1945, c. 828; 1949, c. 725; 1963, c. 1182; 2009-455, s. 9.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.24 - Penalty for violations.

§ 106-277.24. Penalty for violations.
Any person, firm or corporation violating any provision of this Article or any rule or regulation adopted pursuant thereto shall be guilty of a Class 3 misdemeanor and upon conviction thereof shall pay a fine of not more than ten thousand dollars ($10,000). This fine shall not apply, however, to a retailer with respect to any transaction where the seed sold by the retailer was acquired by the retailer in a sealed container or package, or the retailer did not have reasonable knowledge that the seed sold was in violation of this Article. In determining the amount of the fine, the court shall consider the retail value of the seed sold in violation of the law, and in cases involving the unlawful sale of seed protected under the federal Plant Variety Protection Act, the court shall order the payment of restitution to any injured party for any losses incurred as a result of the unlawful sale. (1941, c. 114, s. 8; 1945, c. 828; 1949, c. 725; 1963, c. 1182; 1993, c. 539, s. 758; 1994, Ex. Sess., c. 24, s. 14(c); 2013-345, s. 1(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.25 - Seizure and disposition of seeds violating Article.

§ 106-277.25. Seizure and disposition of seeds violating Article.
Any lot of agricultural or vegetable seeds, mixtures of such seeds being sold, exposed for sale, offered for sale or held with intent to sell in this State contrary to the provisions of this Article shall be subject to seizure on complaint of the Commissioner to the resident judge of the superior court in the county in which the seeds or mixtures of such seeds are located. In the event the court finds the seeds to be in violation of the provisions of this Article and orders the condemnation thereof, such seeds shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this State; provided that in no instance shall such disposition be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of the seeds, with permission to process or relabel to bring them into compliance with the provisions of this Article. (1945, c. 828; 1949, c. 725; 1963, c. 1182; 2009-455, s. 10.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.26 - Publication of test results and other information.

§ 106-277.26. Publication of test results and other information.
The Commissioner is authorized to publish the results of analyses, tests, examinations, studies and investigations made as authorized by this Article, together with any other information he may deem advisable. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.27 - Cooperation with United States Department of Agriculture.

§ 106-277.27. Cooperation with United States Department of Agriculture.
The Commissioner is authorized to cooperate with the United States Department of Agriculture in seed law enforcement and testing seed for trueness as to kind and variety. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725; 1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.28 - License and inspection fees.

§ 106-277.28. License and inspection fees.
For the purpose of providing a fund to defray the expense of inspection, examination, and analysis of seeds and the enforcement of this Article:
(1) Repealed by Session Laws 1991, c. 588, s. 1.
(2) Each seed dealer who offers for sale any agricultural, vegetable, or lawn or turf seeds for seeding purposes shall register with the Commissioner and shall obtain an annual license, for each location where activities are conducted, by January 1 of each year and shall pay the following license fee:
a. Wholesale or combined wholesale and retail
seed dealer $125.00
b. Retail seed dealer $30.00.
c.,d. Repealed by Session Laws 2009-455, s. 11, effective October 1, 2009.
(3) Each seed dealer or grower who has seed, whether originated or labeled by the dealer or grower, that is offered for sale in this State shall report the quantity of seed offered for sale and pay an inspection fee of four cents (4¢) for each container of seeds weighing 10 pounds or more. Seed shall be subject to the inspection fee and reporting requirements only once in any 12-month period. This fee does not apply to seed grown by a farmer and offered for sale by the farmer at the farm where the seed was grown.
Each seed dealer or grower shall keep accurate records of the quantity of seeds and container weights offered for sale from each distribution point in the State. These records shall be available to the Commissioner or an authorized representative of the Commissioner at any and all reasonable hours for the purpose of verifying the quantity of seed offered for sale and the fees paid. Each seed dealer or grower shall report quarterly on forms furnished by the Commissioner the quantity and container weight of seeds first offered for sale that quarter. The reports shall be made on the first day of January, April, July, and October, or within 10 days thereafter. Inspection fees shall be due and paid with the next quarterly report filed after the seed is first offered for sale. If the report is not filed and the inspection fees paid to the Department of Agriculture and Consumer Services by the tenth day following the date due, or if the report of the quantity or container weights is false, the Commissioner may issue a stop-sale order for all seed offered for sale by the dealer or grower. If the inspection fees are unpaid more than 15 days after the due date, the amount due shall bear a penalty of ten percent (10%) which shall be added to the inspection fees due. (1941, c. 114, s. 7; 1945, c. 828; 1947, c. 928; 1949, c. 725; 1963, c. 1182; 1969, c. 105; 1987 (Reg. Sess., 1988), c. 1034, s. 13; 1989, c. 37, s. 8; 1991, c. 98, s. 1; c. 588, s. 1; 1995, c. 47, s. 5; 1997-261, s. 48; 2005-276, s. 42.1(c); 2009-455, s. 11.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.30 - Filing complaint; investigation; referral to Seed Board.

§ 106-277.30. Filing complaint; investigation; referral to Seed Board.
(a) Complaint by Buyer. – When a buyer believes that he or she has suffered damages due to the failure of agricultural or vegetable seed to produce or perform as labeled or as warranted, or as the result of negligence, the buyer may make a sworn complaint against the dealer from whom the seeds were purchased, alleging the damages sustained or to be sustained, and file the complaint with the Commissioner within such time as to permit inspection of the seed, crops, or plants. The buyer shall send a copy of the complaint to the dealer by registered or certified mail. A filing fee of one hundred dollars ($100.00) shall be paid to the Department with each complaint filed. This fee may be used by the Commissioner to offset the expenses of the Seed Board incurred under G.S. 106-277.32. Within 10 days after receipt of a copy of the complaint, the dealer may file an answer to the complaint and, in that event, shall send a copy to the buyer by registered or certified mail.
(b) Investigation Requested by Dealer. – Any dealer who has received notice, either orally or in writing, that a buyer believes that he or she has suffered damage due to the failure of agricultural or vegetable seed sold by the dealer to perform as labeled or as warranted, or as a result of negligence, may request an investigation by the Seed Board pursuant to G.S. 106-277.32. A filing fee of one hundred dollars ($100.00) shall be paid to the Department by the party requesting the investigation. The dealer shall send a copy of the request to the buyer by registered or certified mail. The buyer may file a response to the request with the Commissioner within 10 days of receipt of the request for an investigation.
(c) Referral to Seed Board. – The Commissioner shall refer the complaint or request for investigation to the Seed Board to investigate and make findings and recommendations on the matters complained of pursuant to G.S. 106-277.32. (1998-210, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.31 - Notice required.

§ 106-277.31. Notice required.
Dealers shall legibly print or type on each seed container or affix a label on each seed container a notice in the following form or using reasonably equivalent language:
North Carolina provides an opportunity for persons who believe that they have suffered damage from the failure of agriculture or vegetable seeds to perform as labeled or warranted, or as a result of negligence, to have the matter investigated and heard before a special seed board as an alternative to filing a court action. To take advantage of this procedure, a purchaser of seed must file a complaint with the North Carolina Commissioner of Agriculture in time for the seed, crop, or plants to be inspected. Failure to follow this procedure will limit the amount of damages you may be able to recover. Please contact the Commissioner of Agriculture for information about this claims procedure." (1998-210, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.32 - Seed Board created; membership; duties.

§ 106-277.32. Seed Board created; membership; duties.
(a) The Commissioner shall appoint a Seed Board composed of five members, three of whom shall be appointed upon the recommendation of the following: Director of the Agricultural Research Service, North Carolina State University; Director of the North Carolina Cooperative Extension Service, North Carolina State University; and President of the North Carolina Seedsmen's Association. The other two members shall include: one farmer who is not connected in any way to selling seeds at retail or wholesale and one employee of the Department. An alternate for each member shall also be appointed in the same manner as that member was appointed to serve whenever that member is unable or unwilling to serve. Each member of the Board shall serve a four-year term at the discretion of the Commissioner. The Board shall elect a chairperson. The chairperson shall conduct all meetings and deliberations and direct all other activities of the Board. Three members of the Board shall constitute a quorum and at least three board members must vote affirmatively for the Board to take any action.
(b) A clerk shall be appointed to serve the Board. The clerk shall be an employee of the Department. The clerk shall keep accurate and correct records of all meetings and deliberations and perform other duties for the Board as directed by the chairperson.
(c) The Department shall provide administrative support for the investigation under this section. The Board shall adopt rules to govern investigations and hearings. A copy of the rules shall be mailed to each party to a dispute upon receipt of a complaint.
(d) Members of the Board appointed by the Commissioner who are not governmental employees shall be entitled to receive reimbursement for necessary travel and subsistence expenses pursuant to G.S. 138-5. Members of the Board who are State employees shall be entitled to receive reimbursement for necessary travel and subsistence expenses pursuant to G.S. 138-6.
(e) The Attorney General shall represent the Board in any and all legal proceedings that may arise concerning or against the Board. (1998-210, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.33 - Duties of Seed Board.

§ 106-277.33. Duties of Seed Board.
(a) In conducting its investigation of claims referred by the Commissioner, the Seed Board may engage in the following activities:
(1) Examine the buyer regarding the buyer's use of the seed of which the buyer complains and examine the dealer on the dealer's packaging, labeling, and selling of the seed alleged to be faulty.
(2) Grow a representative sample of the alleged faulty seed to production when such action is deemed by the Board to be necessary.
(3) Hold informal hearings at a time and place directed by the chairperson upon reasonable notice to the buyer and the dealer.
(4) Seek evaluations from authorities in allied disciplines, when deemed necessary by the Board.
(5) Visit and inspect the affected site and take samples, make plant counts, and take pictures of affected and unaffected areas.
(b) The Board shall keep a record of its activities and reports on file in the Department. The Department shall transmit all findings and recommendations to the buyer and to the dealer within 30 days of completion of the investigation.
(c) No investigation shall be made by less than the whole membership of the Board unless the chairperson directs such investigation in writing. Such investigation shall be summarized in writing and considered by the Board in reporting its findings and making its recommendations.
(d) The report of the investigation and the recommendations of the Seed Board shall be binding upon all parties to the extent, if any, that they have so agreed in writing subsequent to the filing of the complaint pursuant to G.S. 106-277.30. (1998-210, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31 - North Carolina Seed Law. › § 106-277.34 - Actions regarding defective seed claims; evidence.

§ 106-277.34. Actions regarding defective seed claims; evidence.
(a) In any court action involving a complaint that has been the subject of an investigation under G.S. 106-277.32, any party may introduce evidence of seed quality, cultivation practices and procedures, and scientific opinion contained in the report of the Seed Board. Statements of the parties and recommendations of the Seed Board as resolution of the dispute are not admissible as evidence unless such evidence is otherwise discoverable.
(b) In any court action where a buyer alleges that he or she suffered damages due to the failure of agricultural or vegetable seed to produce or perform as labeled or warranted, or as the result of negligence, and the buyer failed to make a sworn complaint against the dealer as set forth in G.S. 106-277.30, the buyer's right to recover damages shall be limited to actual expenditures paid by the buyer to other persons for the cost of seed, labor, equipment, fertilizer, insecticide, herbicide, land rent, or other expenses incurred in connection with the cultivation of the seed alleged to be defective, less any value received by the buyer arising from the sale or transfer of any crops grown from the seed in question. (1998-210, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.15 - Purpose of Article.

§ 106-284.15. Purpose of Article.
The purpose of this Article is to improve vegetable production in North Carolina and to enable vegetable producers to secure vegetable plants for transplanting that are free from diseases and insects, and in order to prevent the spread of diseases and insects affecting the future stability of the vegetable industry and the general welfare of the public. (1959, c. 91, s. 2; 1973, c. 1370, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.16 - Definitions.

§ 106-284.16. Definitions.
For the purpose of this Article, the following terms shall be construed respectively to mean:
(1) "Certified vegetable plants for transplanting" shall mean plants which have been tagged or labeled so as to indicate that such plants have been inspected by an authorized agent of an officially recognized State inspecting or certifying agency of some state, and found to conform to the appropriate standards set by the North Carolina Board of Agriculture.
(2) "Vegetable plants" shall mean such plants as asparagus, pepper, eggplant, sweet potato, onion, cabbage and other cole crops, tomato plants, white seed potatoes and onion sets intended for transplanting purposes and such other vegetable plants intended for transplanting purposes as the North Carolina Board of Agriculture may designate by regulation in order to protect the vegetable industry.
(3) As applied to vegetable plants "standards" include the qualities of color, freshness, firmness, strength, straightness, unbroken and undamaged condition, uniformity of size, and freedom from injurious insects, diseases, nematodes, snails, and other pests and means the standards with respect thereto as established and fixed in regulations adopted by the North Carolina Board of Agriculture. (1959, c. 91, s. 3; 1973, c. 1370, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.17 - Unlawful to sell plants not up to standard and not appropriately tagged or labeled.

§ 106-284.17. Unlawful to sell plants not up to standard and not appropriately tagged or labeled.
It shall be unlawful for any person, firm, or corporation to pack for sale, offer or expose for sale, or ship into this State any vegetable plants which do not meet the appropriate standards as set by the North Carolina Board of Agriculture and which have not been appropriately tagged or labeled as certified vegetable plants for transplanting. (1959, c. 91, s. 4; 1973, c. 1370, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.18 - Rules and regulations.

§ 106-284.18. Rules and regulations.
The State Board of Agriculture is hereby authorized to adopt reasonable rules and regulations to carry out the intent, purposes and provisions of this Article. (1959, c. 91, s. 5; 1973, c. 1370, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.19 - Inspection; interference with inspectors; "stop-sale" notice.

§ 106-284.19. Inspection; interference with inspectors; "stop-sale" notice.
To enforce the provisions of this Article effectively, the Commissioner of Agriculture and his duly authorized agents are authorized to inspect vegetable plants, and may enter any place of business, warehouse, common carrier or other places where such vegetable plants are stored or being held, for the purpose of making such an inspection; and it shall be unlawful for any person, firm or corporation in custody of such vegetable plants or of the place in which the same are held to interfere with the Commissioner or his duly authorized agents in making such inspections. When the Commissioner or his authorized inspectors find vegetable plants being held, offered or exposed for sale in violation of any of the provisions of this Article or any rule or regulation adopted pursuant thereto, he may issue a "stop-sale notice" to the owner or custodian of any such vegetable plants and shall tag such plants as are in violation. It shall be unlawful for anyone after notice or receipt of such "stop-sale notice" to remove such notice from plants or from any location to which attached; or to plant, sell, give away, move or exchange for transplanting purposes any plants in respect to which such notice has been issued unless and until so authorized by the Commissioner or his agent or a court of competent jurisdiction. (1959, c. 91, s. 6; 1973, c. 1370, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.20 - Interference with Commissioner, etc., or other violation a misdemeanor; penalties.

§ 106-284.20. Interference with Commissioner, etc., or other violation a misdemeanor; penalties.
If anyone shall interfere with or attempt to interfere with the Commissioner or any of his agents, while engaged in the performance of his duties under this law or shall violate any provision of this law or any rule or regulation of the Board of Agriculture adopted pursuant to this law, he shall be guilty of a Class 1 misdemeanor. Each day's violation shall constitute a separate offense. (1959, c. 91, s. 7; 1973, c. 1370, s. 6; 1993, c. 539, s. 759; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.21 - Authority to permit sale of substandard plants.

§ 106-284.21. Authority to permit sale of substandard plants.
Notwithstanding any other provision of this Article, the Commissioner of Agriculture is authorized when the public necessity, welfare, economy, or any emergency situation requires it, to permit for such periods of time as, in his discretion may seem necessary, the sale of vegetable plants for transplanting purposes which do not meet the standards referred to in G.S. 106-284.16. (1959, c. 91, s. 8.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31B - Vegetable Plant Law. › § 106-284.22 - When Article not applicable.

§ 106-284.22. When Article not applicable.
The provisions of this Article shall not apply:
(1) To the sale by a grower or retail merchant of vegetable plants grown within this State when such sale is made for home or garden or any noncommercial use; provided, however, the provisions shall apply to such sale when such plants are found to be infested with pests so that the exposure for sale or planting is deemed by the Commissioner or his agent to be a hazard to the commercial vegetable industry of North Carolina.
(2) To the sale of vegetable plants for commercial transplanting purposes in this State when grown within this State and sold by a plant producer to a planter having personal knowledge of the conditions under which such vegetable plants were grown or produced provided that such plants are transplanted within a 30-mile radius at which they were grown; but also provided, however, the provisions shall apply to such sale when such plants are found to be infested with pests so that the exposure for sale or planting is deemed by the Commissioner or his agent to be a hazard to the commercial vegetable industry of North Carolina. (1959, c. 91, s. 9; 1973, c. 1370, s. 7.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31C - North Carolina Commercial Feed Law of 1973. › § 106-284.31 - Purpose.

§ 106-284.31. Purpose.
The purpose of this Article is to regulate the manufacture and distribution of commercial feeds in the State of North Carolina and to protect a farmer-buyer from the manufacturer-seller of concentrated, commercial feed who might sell substandard or mislabeled feedstuff, and not to protect from himself a farmer who mixes his own feed. (1973, c. 771, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 31C - North Carolina Commercial Feed Law of 1973. › § 106-284.32 - Enforcing official.

§ 106-284.32. Enforcing official.
This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina, hereinafter referred to as the "Commissioner." (1973, c. 771, s. 3.)