North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 10 - WILDLIFE RESOURCES AND WATER SAFETY › Subchapter H - REGULATED ACTIVITIES › Section .0900 - GAME BIRD PROPAGATORS › Section 10H .0904 - DISPOSITION OF GAME BIRDS OR GAME BIRD EGGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It shall be
				  unlawful for a game bird propagation license holder to knowingly sell or
				  transfer possession of a live game bird that shows evidence of a communicable
				  disease, except for transfers to a veterinarian or pathologist for examination
				  and diagnostic purposes. Disposition of any game bird with a communicable
				  disease not likely to infect wild game bird populations shall be the
				  responsibility of the license holder.
(b) Subject to the limitations set forth in
				  Rule .0901 of this Section, game birds that are authorized to be propagated
				  under this Section, or their eggs, may be sold or transferred alive by a
				  licensed game bird propagator to another licensed game bird propagator or
				  licensed controlled hunting preserve operator or to a person that holds a valid
				  license or permit that authorizes possession.
(c) Upon sale or transfer, a written receipt
				  of the transaction shall be prepared in duplicate showing the date, the names
				  and license or permit numbers of both parties, and the species and quantity of
				  the game birds or game bird eggs transferred. A copy of the receipt shall be
				  retained by the parties as provided by Rule .0906 of this Section.
(d) Live migratory waterfowl sold or
				  transferred to a person for use in training retrievers or conducting retriever
				  trials shall be marked by one of the methods provided by
				  50 CFR
				  21.45, which is hereby incorporated by
				  reference, including subsequent amendments and editions. This document may be
				  found free of charge at
www.ecfr.gov
.
(e) Subject to Rule .0901 of this Section and
				  to applicable laws and regulations relating to pure foods, public health, and
				  advertising, domestically raised waterfowl and game birds produced by licensed
				  game bird propagators shall not be killed by shooting during the closed season.
				  Dead game birds, except for dead pen-raised quail, and game bird eggs may be
				  sold for food purposes as follows:
(1) Sale
				  Direct to Consumer. Unprocessed dead domestically raised waterfowl and game
				  birds may be sold directly to a consumer when accompanied by a receipt showing
				  the name of the consumer, the name and license number of the propagator, and
				  the quantity and species of the birds sold. A copy of the receipt shall be
				  retained by the propagator for one year after the transaction. It shall be
				  unlawful for the consumer to resell unprocessed dead domestically raised
				  waterfowl and game birds.
(2) Sale
				  to or Through a Processor.
(A) Unprocessed
				  dead domestically raised waterfowl and game birds may be sold to a commercial
				  food processor that holds a permit to possess them or transferred to a
				  commercial food processor for processing and packaging prior to sale. Sale or
				  transfer shall be evidenced by written receipt retained by each party for a
				  year after the sale or transfer, that includes the following information:
(i) the processor's name and permit
				  number;
(ii) the propagator's name
				  and license number; and
(iii) the
				  number and species of birds sold or transferred.
(B) Domestically raised waterfowl and game
				  bird carcasses processed by a commercial food processor for wholesale or retail
				  sale shall be enclosed in a wrapper or container marked with the following:
(i) the number and species of birds
				  contained;
(ii) the license number
				  of the propagator; and
(iii) the
				  words "domestically raised."
(3) Domestically raised waterfowl and game
				  bird eggs shall not be sold for food.