reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0500 - REGISTRATION AND BRANDING › Section 42 .0502 - OCTANE RANGE NUMBER OF COMMERCIAL GASOLINE

Current through Register Vol. 39, No. 2, July 15, 2024
No number within the octane range of commercial gasolines
				  shall be used as a prefix, suffix, or any part of a brand name, except aviation
				  gasolines, unless the registered octane index is at least equivalent to said
				  number.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0500 - REGISTRATION AND BRANDING › Section 42 .0503 - CETANE RANGE OF COMMERCIAL DIESEL FUELS

Current through Register Vol. 39, No. 2, July 15, 2024
No number within the cetane range of commercial diesel fuels
				  shall be used as a prefix, suffix, or any part of a brand name, unless the
				  registered cetane number is at least equivalent to said
				  number.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0500 - REGISTRATION AND BRANDING › Section 42 .0504 - REGISTRATION PROVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The director
				may decline to register any brand name containing a qualitative word or term
				inconsistent with any quality specification certified on the application for
				registration.
(b) Any person who
				registered a brand name for a motor fuel and fails to or discontinues to sell
				or deliver the registered product shall notify the director within 60 days
				after registration or last invoice or delivery ticket. Failure to notify shall
				automatically terminate and cancel the registration of the brand name and the
				quality specifications.
(c) The
				director may decline to register any brand name which actually or by
				implication would deceive or tend to deceive a purchaser as to the identity or
				the quality of the motor fuel.
(d)
				Any denied application for registration may be appealed to the Board.
(e) The director may establish and maintain a
				normal prevailing range of quality specifications of motor fuels for similar or
				customary classifications, grades, or designations of motor fuels intended for
				the same use or application. For automotive gasolines and gasoline/oxygenate
				blends, the minimum octane index shall be 87 except that for those designated
				as "Premium" or by a word or term of equivalent meaning, the minimum octane
				index shall be 91.
(f) The director
				shall provide for amendments to registered specifications. Said amendments
				shall in no way limit liability for violation of these Regulations or
				G.S.
				119-14 et. seq. prior to submission of said
				amendments.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Amended Eff. March 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0500 - REGISTRATION AND BRANDING › Section 42 .0505 - PROPANE AND BUTANE BRANDING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Commercial grade propane shall be branded and designated as "propane," and
				commercial grade butane shall be branded and designated as "butane."
(b) Mixtures of butane and propane shall be
				branded and designated as "butane-propane mixtures."
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0600 - CONDEMNED MOTOR FUELS AND LIQUID FUELS › Section 42 .0601 - NONCONFORMITY OF MOTOR FUELS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever a motor fuel fails to conform with its registered
				  specifications, all outlets to the container or tank shall be sealed, and the
				  motor fuel shall not be removed or disposed of except as provided for in this
				  Section.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Amended Eff. November 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0600 - CONDEMNED MOTOR FUELS AND LIQUID FUELS › Section 42 .0602 - REMEDIES IN MOTOR FUELS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The owner of
				the condemned motor fuel may add a registered motor fuel of such quantity and
				quality to the condemned motor fuel to cause quality specifications of the
				condemned motor fuel to conform to its registered specifications so that said
				motor fuel may be offered for sale, sold, or delivered, provided this procedure
				is supervised by the director and is in accordance with
				G.S.
				119-27.
(b) The owner may remove the condemned motor
				fuel from its container and blend it with a registered motor fuel so that the
				quality specifications of the blended motor fuel conform to or exceed the
				quality specifications of the brand with which it was blended, provided this
				procedure is supervised by the director and is in accordance with
				G.S.
				119-27.
Authority
				  G.S.
				  119-26;
				  119-27;
Eff. December
				  1, 1981;
Amended Eff. November 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0600 - CONDEMNED MOTOR FUELS AND LIQUID FUELS › Section 42 .0603 - NONCONFORMITY OF LIQUID FUELS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever a liquid fuel product other than motor fuel fails to
				  conform to its required specifications, all outlets to the container or tank
				  shall be sealed, and the liquid fuel shall not be removed or disposed of except
				  as provided for in this Section.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Amended Eff. November 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0600 - CONDEMNED MOTOR FUELS AND LIQUID FUELS › Section 42 .0604 - REMEDIES IN LIQUID FUELS

Current through Register Vol. 39, No. 2, July 15, 2024
The owner may remove the condemned liquid fuel from the
				  container and blend it with other liquid fuel so that when blended, the quality
				  of the blend will conform to the required specifications of the particular
				  liquid fuel, provided this procedure is supervised by the
				  director.
Authority
				  G.S.
				  119-26;
Eff. December 1,
				  1981;
Amended Eff. November 1, 1984;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0700 - PETROLEUM DEVICE TECHNICIANS › Section 42 .0701 - QUALIFICATIONS AND REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				person seeking to be a petroleum device technician shall make application to
				the director on forms provided by the director, supported by two letters of
				endorsement satisfactory to the director.
(b) Qualifications necessary for approved
				registration shall include:
(1) Not less than
				one year of actual experience in the installation, maintenance, adjustment,
				calibration and repairing of liquid fuel pumps, meters, and other measuring
				devices;
(2) Possession of
				calibrated test measures necessary for making repairs to a rejected liquid fuel
				pump, meter, or measuring device which shall consist of one or more of the
				following test measures as applicable: a five-gallon test measure calibrated in
				customary and metric units, five-gallon test measure, or a twenty liter test
				measure;
(3) Certification that if
				registered, said person will test each pump, meter, or other measuring device
				which he repairs or adjusts with test measures which have been sealed by the
				director within the last 12 months, except for test measures for terminal
				meters which must have been sealed by the director within the last five years;
				and
(4) Any other qualifications
				found necessary by the director.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0700 - PETROLEUM DEVICE TECHNICIANS › Section 42 .0702 - RE-REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
A petroleum device technician shall complete the registration
				  form of 2
				  NCAC 42 .0701 annually except the two letters
				  of endorsement. Failure to re-register will result in termination of the
				  registration and prohibit said person from exercising the duties of
				  2 NCAC
				  42 .0701.
Authority
				  G.S.
				  119-26;
				  119-33;
Eff. December
				  1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 19,
				  2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 42 - GAS AND OIL INSPECTION › Section .0800 - OXYGENATED GASOLINE › Section 42 .0801 - .0806

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  119-26;
				  119-26.1;
				  119-27;
				  143-215.107;
Eff.
				  September 1, 1992;
Repealed Eff. July 1,
				  2008.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter A - STRUCTURE AND POLICY › Section 43A .0101 - REPEALED - ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-185;
				  106-186;
				  106-187;
				  106-195;
Eff. August
				  1, 1982;
Repealed Eff. October 1,
				  1987.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter A - STRUCTURE AND POLICY › Section 43A .0102 - POLICY REGARDING SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
All services are rendered by the Markets Division as
				  expeditiously as possible in light of constraints on time, personnel and other
				  resources. No request is refused if it is within the means of the Division to
				  handle it.
Authority
				  G.S.
				  106-185;
				  106-186;
				  106-187;
				  106-195;
Eff. August
				  1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter B - MARKET NEWS SECTION › Section 43B .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Market News Section shall accurately collect, analyze,
				  summarize and disseminate market information (prices, supply, demand,
				  conditions) on all major agricultural commodities in North
				  Carolina.
Authority
				  G.S.
				  106-187;
				  106-195;
Eff. August
				  1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter B - MARKET NEWS SECTION › Section 43B .0102 - SOURCES OF INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Market News Section shall determine which sources of
				  information it will seek and rely on to provide what the service determines to
				  be adequate and factual information on the basis of prescribed reporting
				  procedures. Toward this end, the following criteria will be used:
(1) No sources of market information will be
				sought, recognized or used in the market reports from any person or firm that
				cannot report prices based on official grades for the commodities handled.
				(Existing sources not meeting this requirement will be dropped as soon as this
				is deemed advisable.)
(2) No
				sources of market information will be sought, recognized or used in the market
				reports from any person or firm when justifiable reasons are known to question
				the accuracy of the information provided. (Should such reasons become known
				relative to existing sources of official market information, these sources will
				be excluded immediately.)
(3) No
				sources of market information will be sought, used or recognized in the market
				reports that would be inconsistent with cooperative agreements existing between
				the North Carolina and United States Departments of Agriculture or that would
				prevent new agreements from being made between the two agencies.
(4) Other factors that will be evaluated and
				considered in determining whether or not a sale will be reported are number of
				head being sold, location, and production in the region:
(a) In general, a sale will not be covered
				that does not average 500 head of cattle or 500 head of hogs per sale; however,
				for coverage to be provided throughout the state, it may be necessary to cover
				some sales with less numbers.
(b)
				For prices to be most meaningful for farmers, regional coverage is needed. As
				resources are available, coverage will be extended to all regions of the state
				with emphasis on number of animals in those areas. The distance between sales
				covered will generally be 60 miles for those sales being considered for future
				coverage; however, population of animals in a region could alter the distances
				between sales to be covered.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section 43C .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definitions
				  referred to in this Subchapter shall be in effect throughout
				  02 NCAC
				  43C.
(b) Words used in the following regulations
				  in the singular form shall be deemed to import the plural, and vice versa, as
				  the case may demand:
(1) "Person" means
				  individuals, associations, partnerships or corporations.
(2) "Commissioner of Agriculture" means the
				  Commissioner of Agriculture or his employees or agents.
(3) "Official Graders or Inspectors" means
				  employees of the Department of Agriculture or other persons authorized by the
				  Commissioner of Agriculture to investigate and certify to shippers and other
				  interested parties, the class, quality or condition of farm, horticultural
				  crops and animal products under the act.
(4) "Office of Grading and Inspection" means
				  the office of an official grader authorized to grade farm, horticultural crops
				  and animal products under the act.
(5) "Inspection Certificate" means a
				  certificate showing the grade, class, quality and condition of the products by
				  an official inspector under the act.
(6) "Regulations" are the rules and
				  regulations of the Board of Agriculture under the act, G.S. 106, Article
				  17.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section 43C .0102 - WHERE SERVICE IS OFFERED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Inspection may be made wherever products are offered for shipment or sale,
				  including fields, orchards, packing houses, common and cold storage warehouses,
				  loading platforms and railway and express cars, dressing plants and
				  hatcheries.
(b) The inspection
				  service may be established at such points as the commissioner or his agents may
				  decide and the service be made available on such commodities and to such
				  persons as is deemed advisable.
Authority
					 G.S.
					 106-190;
					 106-195;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 23,
					 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section 43C .0103 - APPLICATION FOR INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  application for inspection under the act may be made by any person having
				  financial interest in the products involved, including the grower, shipper,
				  receiver, or the carrier, or by authorized person in behalf of such
				  applicant.
(b) Such application may
				  be filed at the office of inspection or with any authorized inspector at or
				  nearest the point where inspection is desired.
(c) Applications may also be made to:
Division of Markets
North Carolina Department of Agriculture
Raleigh, North Carolina 27611
(d) Such application may be received in
				  writing or orally, by telegraph, telephone or otherwise. The inspector in
				  charge of any office may require that the application be made in writing and
				  upon such forms as may be furnished from his office.
(e) Inspections may be rejected when in the
				  opinion of the inspector the applicant had failed to make proper application or
				  time does not permit it. In such case, the inspector shall immediately notify
				  the applicant.
Authority
					 G.S.
					 106-190;
					 106-195;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 23,
					 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section 43C .0104 - INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant
				  shall cause the product of which inspection is requested to be made accessible
				  for inspection and to be so placed as to disclose its quality and
				  condition.
(b) As many inspections
				  shall be made as facilities permit and as far as practicable in the order in
				  which applications are received.
(c) No inspector shall inspect any products
				  in which he is directly or indirectly financially interested.
(d) The inspector may issue and transmit to
				  the shipper of such products and other parties interested therein certificates
				  or copies thereof showing the results of such investigations or such reports as
				  he may deem necessary.
Authority
					 G.S.
					 106-190;
					 106-195;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 23,
					 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section 43C .0106 - PAYMENT OF FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When payment of
				  fees is not made as directed, additional grading service may be refused until
				  the applicant remits payment for all outstanding bills due the Department of
				  Agriculture for grading services rendered. This fee may be collected in advance
				  if deemed advisable by the inspector.
(b) Fees for inspection made shall be
				  promptly remitted to the Department of Agriculture.
(c) Such charges may be made for traveling
				  expenses and other items in connection with an inspection made at a place where
				  no inspector is located as will reimburse the department.
(d) Additional copies of a single certificate
				  may be had by any person financially interested in the product for two dollars
				  and twenty-five cents ($2.25) each.
Authority
					 G.S.
					 106-190;
					 106-195;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 23,
					 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section 43C .0107 - FRAUD

Current through Register Vol. 39, No. 2, July 15, 2024
Any willful misrepresentation or any deceptive or
					 fraudulent practice made or committed by any person in connection with the
					 making or filing of an application, the use of a grading certificate or a
					 certificate of quality issued under these Regulations; or the use of an
					 official grading stamp, tag, seal, or approved label or any willful violation
					 of these Regulations, or of the supplementary rules and instructions issued by
					 the Board of Agriculture may be deemed sufficient cause for debarring such
					 person from any benefits of G.S. 106, Article 17.
Authority
					 G.S.
					 106-185;
					 106-189;
					 106-190;
					 106-195;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 23,
					 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS › Section 43C .0108 - MISUSE OF OFFICIAL SEALS: BRANDS: TAGS: ETC

Current through Register Vol. 39, No. 2, July 15, 2024
It shall be the duty of every official inspector of
					 products to report each and every misuse of official seals, brands, tags, etc.,
					 which might be considered improper or would tend to approximate those used
					 under these official rules.
Authority
					 G.S.
					 106-186;
					 106-190;
					 106-193;
					 106-194;
					 106-195;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 23,
					 2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter D - STANDARDS AND FEES › Section 43D .0101 - GRAIN

Current through Register Vol. 39, No. 2, July 15, 2024
The Board of Agriculture hereby incorporates by reference,
				  including the subsequent amendments and editions of the referenced
				  materials:
(1) The United States Grain
				Standards Act codified in 7 U.S. Code 1621 et. seq. except parts 79(a) and
				79(b);
(2)
									7 C.F.R.
				800.115 through
				7 C.F.R 800.119 (original
				inspections);
(3)
									7 C.F.R.
				800.125 through
				7 C.F.R. 800.131
				(reinspection);
(4)
									7 C.F.R.
				800.135 through
				7 C.F.R. 800.140
				(appeals);
(5)
									7 C.F.R.
				800.145 through
				7 C.F.R. 800.155
				(records);
(6)
									7 C.F.R.
				800.70 through
				7 C.F.R. 800.73 (fees);
(7) Federal Grain Inspection Service Document
				12-36-A-4001, published by the United States Department of
				Agriculture;
(8)
									7 C.F.R.
				800.170 through
				7 C.F.R. 800.180
				(licenses);
(9)
									7 C.F.R.
				800.185 through
				7 C.F.R. 800.189 (duties of
				licensed personnel);
(10)
									7 C.F.R.
				800.195 through
				7 C.F.R. 800.208 (contracts).
Copies of the Code of Federal Regulations may be obtained
				  from the Superintendent of Documents, Government Printing Office, Washington,
				  DC 20402, at a cost determined by that office.
Authority
				  G.S.
				  106-188;
				  106-190;
				  106-195;
Eff. August
				  1, 1982;
Amended Eff. December 1, 1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter D - STANDARDS AND FEES › Section 43D .0102 - FRESH FRUITS AND VEGETABLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Board of Agriculture hereby incorporates by reference, including subsequent
				amendments and editions of the referenced materials,
				7 C.F.R.
				51.
(b) Copies of the Code of Federal Regulations
				may be obtained from the Superintendent of Documents, Government Printing
				Office, Washington, DC 20402, at a cost determined by that office.
Authority
				  G.S.
				  106-188;
				  106-190;
				  106-195;
Eff. August
				  1, 1982;
Amended Eff. December 1, 1991; April 1, 1985;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter D - STANDARDS AND FEES › Section 43D .0103 - POULTRY AND EGGS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board of Agriculture hereby incorporates by reference,
				  including the subsequent amendments and editions of the referenced
				  materials:
(1) 7 C.F.R. Parts 55, 56,
				59 and 70, relating to eggs and poultry products;
(2) The following standards of the United
				States Department of Agriculture:
(a) "General
				Index",
(b) "Egg Grader's
				Index",
(c) "Poultry Grader's
				Index".
Copies of the Code of Federal Regulations may be obtained
				  from the Superintendent of Documents, Government Printing Office, Washington,
				  DC 20402, at a cost determined by that office.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter D - STANDARDS AND FEES › Section 43D .0104 - LIVESTOCK

Current through Register Vol. 39, No. 2, July 15, 2024
Fees for grading livestock are thirty cents (30 cents) per
				  head, with one hundred fifty dollars ($150.00) minimum per
				  herd.
Authority
				  G.S.
				  106-185;
				  106-188;
				  106-189;
				  106-190;
				  106-195;
Eff. August
				  1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter D - STANDARDS AND FEES › Section 43D .0105 - FEE ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All fees
				established in these Rules shall be maximum fees. Every effort is made to
				adjust fees downward if economic and agricultural conditions will permit such
				an adjustment.
(b) Notification to
				all concerned parties shall be made immediately upon adjustment of
				fees.
Authority
				  G.S.
				  106-185;
				  106-188;
				  106-189;
				  106-190;
				  106-195;
Eff. August
				  1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter D - STANDARDS AND FEES › Section 43D .0106 - MEATS AND MEAT PRODUCTS

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
				  G.S.
				  150B-14(c), the Board of
				  Agriculture hereby adopts by reference 7 C.F.R. Part 54 - Meats, Prepared Meats
				  and Meat Products.
Authority
				  G.S.
				  106-188;
				  106-190;
				  106-195;
Eff.
				  December 1, 1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter E - UNFAIR PRACTICES OF HANDLERS OF FRUITS AND VEGETABLES › Section 43E .0101 - REPEALED - HANDLERS ON CASH BASIS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-496;
				  106-497;
				  106-500(3);
Eff. August 1, 1982;
Repealed Eff. January 1,
				  1985.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter E - UNFAIR PRACTICES OF HANDLERS OF FRUITS AND VEGETABLES › Section 43E .0102 - HANDLERS PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The applicant
				for a permit shall furnish to the Commissioner of Agriculture the following
				information:
(1) place of business;
(2) ownership of business;
(3) date business was organized;
(4) three references as to financial
				responsibility;
(5) three
				references as to general reputation;
(6) three producers with whom the handler has
				had business dealings within the past three years, and he may require that a
				certified financial statement showing assets and liabilities be furnished
				together with such additional information as may be necessary to determine the
				applicant's ability to carry out his contract.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter E - UNFAIR PRACTICES OF HANDLERS OF FRUITS AND VEGETABLES › Section 43E .0104 - APPLICATION FOR PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The application
				for a permit as a handler of fruits and vegetables, on all spring crops, must
				be filed in writing with the Commissioner of Agriculture, along with two copies
				of the applicant's proposed contract, on or before March 1 of each
				year.
(b) The application for
				permit as a handler of fruits and vegetables on all fall crops must be filed in
				writing with the Commissioner of Agriculture, along with two copies of the
				applicant's proposed contract on or before July 31 of each year.
(c) Applications should be sent to:
Markets Division
North Carolina Department of Agriculture
Post Office Box 27647
Raleigh, North Carolina 27611
(d) The amount of a handler's bond is set in
				accordance with the estimated gross value of the product or products
				contracted.
(e) The maximum bond
				will be fifty thousand dollars ($50,000).
(f) A new bond may be required or the
				existing bond may be increased as follows:
(1)
				by 50 percent when payment is not made within the time specified in the
				contract for the previous year's crop;
(2) by 50 percent on the handler's first
				violation of any term in his contract.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter E - UNFAIR PRACTICES OF HANDLERS OF FRUITS AND VEGETABLES › Section 43E .0105 - REPEALED - VIOLATIONS INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  106-496;
				  106-500;
Eff. August
				  1, 1982;
Repealed Eff. January 1,
				  1985.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose
				  of these Regulations reference is made, unless otherwise specified to Chapter
				  106, Articles 17 and 18 of the General Statutes:
(1) "Regulations" is defined to mean rules
				  and regulations of the Board of Agriculture under this Section.
(2) "Deception" is defined to mean any of the
				  following:
(A) any false representation or
				  misleading statement printed, stamped, labeled, branded or attached to any open
				  or closed receptacle designating the name of product, variety, count, size,
				  quality, condition or grade of the product; or
(B) when the face, top layer or exposed
				  portion of the contents of any open or closed container is not representative
				  of remaining portion of the receptacle as to variety, count, size, color,
				  quality, condition or grade.
(3) "Principal Display Panel" is defined to
				  mean that part of a label, bag, bag insert, or other container that is most
				  likely to be displayed, presented, shown or examined under normal and customary
				  conditions of display for retail sale.
(4) "Fairly Uniform Size" is defined to mean
				  not more than one-fourth of one inch variation between the diameter of the
				  smallest and the largest apple in the package.
(5) "Closed Container" is defined to mean any
				  container on which the customary top, lid or other covering has been placed or
				  any other container or wrapping in which apples or peaches are enclosed for use
				  in delivery, display or sale of the commodity.
(6) "Mature" is defined as follows: Apples
				  shall be deemed mature when the soluble solids of Red Delicious or Delicious
				  are not less than 9.5 and Golden Delicious are not less than 10.5 as determined
				  by use of an NCDA approved standard refractometer calibrated to zero with
				  distilled water; and when the firmness of Red Delicious or Delicious does not
				  exceed 20 pounds and of Golden Delicious does not exceed 19 pounds, as
				  determined by an NCDA approved pressure tester. The tests detailed in this Rule
				  when administered by an approved NCDA official will constitute the final
				  decision of the Department of Agriculture. In case of extreme weather
				  conditions, the Commissioner of Agriculture, upon request of the Board of
				  Directors of the N. C. Apple Growers Association, may adjust the percent
				  soluble solids and pounds of firmness criteria.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0102 - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Commissioner of Agriculture and his agents are charged
					 with the supervision of the performance of all duties rising in the
					 administration of this Section.
Authority
					 G.S.
					 106-186;
					 106-187;
					 106-195;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0103 - STANDARDS FOR RECEPTACLES: LABELING: ETC

Current through Register Vol. 39, No. 2, July 15, 2024
All closed containers in which apples or peaches are packed
					 for sale, exposed for sale, or offered for sale, shall clearly and
					 conspicuously be marked immediately after the containers are closed in
					 accordance with the following regulations:
(1) The name and address (including zip code)
				  of grower, packer, shipper, or distributor must be shown on the principal
				  display panel.
(2) The name of the
				  product must be shown on the principal display panel.
(3) The variety of apples must be shown;
				  however, it may be shown on the principal display panel or on the bag closure.
				  The words "Variety Unknown" may be used in lieu of the variety on containers in
				  which apples are packed that are normally marketed during the summer months and
				  meet the grade U.S. No. 1, Early.
(4) The variety of peaches must be shown on
				  the principal display panel. The words "Clingstone Peaches," "Semi-clingstone
				  Peaches," or "Freestone Peaches," as applicable, may be used in lieu of
				  variety.
(5) The net quantity of
				  contents (weight, measure or count) must be shown on the principal display
				  panel in a uniform location, as required by the Federal Fair Packaging and
				  Labeling Act.
(6) The minimum size
				  must be shown on the principal display panel; however, when fairly uniform size
				  apples or peaches are packed in a container and sold by count, count may be
				  used in lieu of net weight and minimum size markings. However, overwrap
				  packages that contain six or less apples or peaches that are fully visible to
				  the purchaser need not include a statement of count.
(7) Apple containers must show the applicable
				  U.S. Grade on the principal display panel or be marked "Unclassified," "Not
				  Graded," or "Grade Not Determined." Peach containers are not required to show
				  grade markings; however, when grade is shown, the product must meet that
				  standard.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-195;
Eff. August
					 1, 1982;
Amended Eff. July 1, 1998; July 1, 1986; February 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0104 - INSERTS

Current through Register Vol. 39, No. 2, July 15, 2024
Inserts may be used only where the outer wrapper is fully
					 transparent (no printing of any type on the wrapper) and the printed
					 information on the insert can be clearly read through the
					 wrapper.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-189.1;
					 106-189.2;
					 106-195;
					 106-197;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0105 - SPLIT LABELING

Current through Register Vol. 39, No. 2, July 15, 2024
"Split-Labeling" is not allowed, except for "Variety" which
					 may be shown on the bag closure. All other markings and lettering must be shown
					 on the principal display panel.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-189.1;
					 106-189.2;
					 106-195;
					 106-197;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0106 - EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
All gift packages containing four or more different fruits
					 are exempt from marking requirements.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-189.1;
					 106-189.2;
					 106-195;
					 106-197;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0107 - ENROUTE OR AT DESTINATION TOLERANCES FOR APPLES

Current through Register Vol. 39, No. 2, July 15, 2024
A total of 40 percent for apples which fail to meet the
					 requirements of the United States Standards for apples; provided, that included
					 in this amount not more than 10 percent shall be allowed for permanent defects
					 or not more than 10 percent shall be allowed for decay or internal
					 breakdown.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-189.1;
					 106-189.2;
					 106-195;
					 106-197;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0108 - POSSESSION AND OWNERSHIP OF APPLES AND PEACHES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) It
				  shall be unlawful for any person, firm or corporation to possess for purposes
				  of sale any apples or peaches in closed containers which are not marked,
				  branded or labeled according to the regulations adopted by the Board of
				  Agriculture.
(b) All apples and
				  peaches shall be considered the property of the person in whose possession or
				  on whose premises they are found except those in the custody of common
				  carriers, or persons, firms or corporations engaged only to haul apples and
				  peaches or public warehouses where the owner is identified by record.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-189.1;
					 106-189.2;
					 106-195;
					 106-197;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0109 - FRAUDULENT ADVERTISEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Any words, phrases, pictures or other representatives used
					 in advertising the official grades, classifications or variety which
					 misrepresent the product, whether written or oral, are
					 prohibited.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-189.1;
					 106-189.2;
					 106-195;
					 106-197;
Eff. August
					 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0110 - CUCUMBERS SIZE STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
There are hereby established three cucumber size standards
					 which shall be used when cucumbers are offered for sale or bought according to
					 size and there shall be no other size standard used. The "Number One" size
					 standard shall be any cucumber one and one-sixteenth inches in diameter or
					 less, regardless of length. The "Number Two" size standard shall be any
					 cucumber over one and one-sixteenth inches in diameter, but not over one and
					 one-half inches in diameter, regardless of length. The "Number Three" size
					 standard shall be any cucumber over one and one-half inches in diameter, but
					 not over two inches in diameter, regardless of length.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-195;
Eff. May 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter F - MARKETING AND BRANDING: APPLES AND PEACHES › Section .0100 - DEFINITIONS AND STANDARDS › Section 43F .0111 - THE STANDARD OF MEASURE

Current through Register Vol. 39, No. 2, July 15, 2024
Any person, firm or corporation who buys or sells cucumbers
					 according to size shall provide ways and means of separating cucumbers into one
					 or more of the standard sizes hereby established. However, said ways and means
					 may provide for further separation within the range of any one of the standard
					 sizes hereby established, provided that all cucumbers within the range of a
					 standard size shall constitute and be considered a part of the standard size
					 from which it was separated.
Authority
					 G.S.
					 106-185;
					 106-188;
					 106-189;
					 106-195;
Eff. May 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 22,
					 2015.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter G - AGRICULTURAL FAIRS › Section 43G .0101 - CLASSIFICATION OF FAIRS

Current through Register Vol. 39, No. 2, July 15, 2024
Fairs shall be classified in two categories and shall be
				  known as:
(1) non-commercial community
				fairs; or
(2) commercial
				agricultural fairs.
A non-commercial community fair is one at which no admission
				  fee is charged and which is not operated for profit but is operated by a bona
				  fide non-profit organization and at which no traveling shows, rides or games
				  are conducted. All fairs which do not come within this definition are
				  classified as commercial agricultural fairs.
Authority
				  G.S.
				  106-520.1;
Eff. August 1,
				  1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.
North Carolina Administrative Code › Title 02 - AGRICULTURE AND CONSUMER SERVICES › Chapter 43 - MARKETS › Subchapter G - AGRICULTURAL FAIRS › Section 43G .0102 - COMMERCIAL AGRICULTURAL FAIRS REGULATED

Current through Register Vol. 39, No. 2, July 15, 2024
All commercial agricultural fairs shall comply with the
				  requirements set forth in this Section, but this Section shall not apply to
				  non-commercial community fairs.
Authority
				  G.S.
				  106-520.3;
Eff. August 1,
				  1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.