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 .0103 - PROVISIONS TO BE COVERED IN ALL CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following provisions must be covered in all fruit and
				  vegetable contracts:
(1) Product. The
				kind of product and variety or type shall be specified in the
				contract.
(2) Delivery. The opening
				and closing dates, the days of week, and hours of day for deliveries by
				producers shall be specified in the contract.
(3) Quantity. Any limitations as to quantity
				handler will accept shall be specified in the contract. Unless limitations are
				set forth in the contract, it shall be the responsibility of the handler to
				accept all produce meeting the terms of the contract during the specified
				period stated in the contract.
(4)
				Containers. The contract shall specify the kind of containers to be used for
				deliveries and who shall furnish such containers. If deliveries are to be made
				in bulk, state bulk delivery.
(5)
				Size of Commodities. The contract shall specify any limitation as to minimum
				and maximum diameter or length of commodities to be received by the handler,
				and any limitations as to the percentages of sizes under or over the specified
				sizes.
(6) Quality and Condition.
				These factors shall be clearly defined. If official United States Standards are
				used as the quality and condition basis the contract shall so specify. If
				United States Standards are not used, the contract shall define the meaning of
				the quality and condition terms used. The contract shall specify any
				limitations as to percentage of defects a lot may contain before considered
				cause for rejection.
(7)
				Insecticides and Pesticides. When handlers specify the use of insecticides and
				pesticides the contract shall state that such shall comply with the requirement
				of the United States Environmental Protection Agency, Pesticide Regulation
				Division and the United States Pure Food, Drug and Cosmetic Act.
(8) Statement or Terms. Statements or terms
				used in contracts shall be clear. Such vague terms as "satisfactory stock" or
				"cull material", etc., shall not be used unless defined.
(9) Time of Payment. The time of payment for
				deliveries shall be definitely fixed and specified in the contract.
(10) The time of payment for the products to
				be set at a date within 30 days from date of harvest.
(11) Provisions to show the price to be paid
				for the product.
(12) Provisions to
				show that the final acceptance of all products by the handler, will be in North
				Carolina.
(13) Provisions to show
				who, by what method and at whose cost products will be harvested and
				delivered.
(14) Provisions to
				release either party from the contract for reasons due to an act of God or any
				similar circumstances beyond their control.
(15) No statement will be used in any
				contract that conflicts with the required provisions.
Authority
				  G.S.
				  106-496;
				  106-497;
				  106-498;
				  106-499;
				  106-500(3);
Eff. August 1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 23,
				  2017.