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) Diseased
				  Birds. It shall be unlawful for a game bird propagation license holder to
				  knowingly sell or otherwise transfer possession of any 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) Sale of Live Birds or
				  Eggs. Subject to the limitations set forth in Rule .0901 of this Section, any
				  game birds that are authorized to be propagated under this Section, or the eggs
				  thereof, may be sold or transferred alive by a licensed game bird propagator to
				  another licensed game bird propagator or licensed controlled shooting preserve
				  operator or to any person that holds a valid license or permit that authorizes
				  possession.
(c) Receipt Required.
				  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 each of the parties as
				  provided by Rule .0906 of this Section.
(d) Bird Marking. Any live migratory
				  waterfowl sold or transferred to any 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 incorporated by reference,
				  including subsequent amendments and editions. This document may be accessed at
www.ecfr.gov
at no cost. All other
				  domestically raised game birds sold or transferred for the same purposes shall
				  be individually marked on one leg with a band imprinted with the propagator's
				  license number.
(e) Sale of Dead
				  Game Birds as Food. Subject to Rule .0901 of this Section and to any applicable
				  laws and regulations relating to pure foods, public health, and advertising,
				  game birds produced by licensed game bird propagators may be killed at any time
				  in any manner, except 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 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 game 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 game birds.
(2) Sale to or
				  Through a Processor.
(A) Unprocessed dead 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 game birds
				  sold or transferred.
(B)
				  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 game
				  birds contained;
(ii) the license
				  number of the propagator; and
(iii)
				  the words "domestically raised."
(3) Propagated game bird eggs shall not be
				  sold for food.