S.L. 1963-1182

NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 1182

HOUSE BILL 462

AN ACT TO REWRITE THE NORTH CAROLINA SEED LAW, ARTICLE 31 OF CHAPTER 106 OF THE GENERAL STATUTES OF NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Section 1. Chapter 106 of the General Statutes of North Carolina is hereby amended by rewriting Article 31 to read as follows:

"ARTICLE 31

North Carolina Seed Law

§ 106-277. Purpose. The purpose of this Article is to regulate the labeling, possessing for sale, sale and offering or exposing for sale of agricultural seeds, vegetable seeds and screenings; to prevent misrepresentation thereof; and for other purposes.

§ 106-277.1. Short Title. This Article shall be known by the short title of 'The North Carolina Seed Law of 1963'.

§ 106-277.2. Definitions. As used in this Article, unless the context clearly requires otherwise:

(1) The term 'advertisement' means all representations, other than those required on the label, disseminated in any manner or by any means, relating to seed within the scope of this Article.

(2) The term 'agricultural seeds' shall include the seed of grass, forage, cereal, fiber crops and any other kinds of seeds commonly recognized within this State as agricultural or field seeds, lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the Commissioner determines that such seed is being used as agricultural seed.

(3) The term 'Board' means the North Carolina Board of Agriculture as established under § 106-2.

(4) The terms 'certified seeds', 'registered seeds' or 'foundation seeds' mean seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of an official seed certifying agency.

(5) The term 'clone' means all the individuals derived by vegetative propagation from a single, original individual.

(6) The term 'code designation' means a series of numbers or letters approved by the United States Department of Agriculture and used in lieu of the full name and address of the person who tags or labels seeds.

(7) The term 'Commissioner' means the Commissioner of Agriculture of North Carolina or his designated agent or agents.

(8) The term 'date of test' means the month and year the percentage of germination appearing on the label was obtained by laboratory test.

(9) The term 'dealer' or 'vendor' shall mean any person, not classified as a grower, who buys, sells or offers for sale any seed for seeding purposes and shall include any person who has seed grown under contract for resale for seeding purposes.

(10) The term 'germination' means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions.

(11) The term 'grower' shall mean any person who produces seed, directly as a landlord, tenant, sharecropper or lessee, which are offered or exposed for sale.

(12) The term 'hard seeds' means seeds which, because of hardness or impermeability, do not absorb moisture and germinate but remain hard during the normal period of germination.

(13) The term 'hybrid' means the first generation seed of a cross produced by controlling cross-fertilization and combining (a) two or more inbred lines or clones, or (b) one or more inbred lines or clones with an open-pollinated variety, or (c) two or more varieties or species, clonal or otherwise, except open-pollinated varieties of normally cross-fertilized species. The second generation or subsequent generation seed from such crosses shall not be designated as hybrids. Hybrid designations shall be treated as variety names.

(14) The term 'inbred line' means a relatively stable and pure breeding strain resulting from not less than four successive generations of controlled self‑pollination or four successive generations of back-crossing in the case of male sterile lines or their genetic equivalent.

(15) The term 'in bulk' refers to loose seed in bins, or open containers, and not to seed in bags or packets.

(16) The term 'inert matter' means all matter not seeds, including broken seeds, sterile florets, chaff, fungus bodies, stones and other substances found not to be seed when examined according to procedures prescribed by rules and regulations promulgated pursuant to the provisions of this Article.

(17) The term 'kind' means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, wheat, striate lespedeza, alfalfa, tall fescue.

(18) The term 'labeling' includes all labels and other written, printed or graphic representations in any manner whatsoever accompanying and pertaining to any seed whether in bulk or in containers and includes representations on invoices.

(19) The term 'lot' means a definite quantity of seed, identified by a lot number or other identification, which shall be uniform throughout for the factors which appear on the label.

(20) The term 'mixture' means seeds consisting of more than one kind or kind and variety, each present in excess of five per centum (5%) of the whole.

(21) 'Noxious-weed seeds' shall be divided into two classes:

a. 'Prohibited noxious-weed seeds' are the seeds of weeds which, when established on the land, are highly destructive and are not controlled in this State by cultural practices commonly used, and shall include any crop seed found to be harmful when fed to poultry or livestock.

b. 'Restricted noxious-weed seeds' are the seeds of weeds which are very objectionable in fields, lawns and gardens in this State and are difficult to control by cultural practices commonly used.

(22) The term 'official certifying agency' means an agency authorized or recognized and designated as a certifying agency by the laws of a state, the United States, a province of Canada or the government of a foreign country.

(23) The term 'other crop seeds' means seeds of kinds or varieties of agricultural or vegetable crops other than those shown on the label as the primary kind or kind and variety.

(24) The term 'origin' means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown.

(25) The term 'person' shall include any individual, partnership, corporation, company, society or association.

(26) The term 'processing' means cleaning, scarifying or blending to obtain uniform quality and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or kind and variety without cleaning, or preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed.

(27) The term 'pure seed' means agricultural or vegetable seeds, exclusive of inert matter, weed seeds and all other seeds distinguishable from the kind or kind and variety being considered when examined according to procedures prescribed by rules and regulations promulgated pursuant to the provisions of this Article.

(28) The term 'purity' means the name or names of the kind, type or variety and the percentage or percentages thereof; the percentage of other crop seed; the percentage of weed seeds, including noxious-weed seeds; the percentage of inert matter; and the name and rate of occurrence of each noxious-weed seed.

(29) The terms 'recognized variety name' and 'recognized hybrid designation' mean the name or designation which was first assigned the variety or hybrid by the person who developed it or the person who first introduced it for production or sale after legal acquisition. Such terms shall be used only to designate the varieties or hybrids to which they were first assigned.

(30) The term 'screenings' includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or processing.

(31) The term 'North Carolina Seed Analysis Tag' shall mean the tag designed and prescribed by the Commissioner as the official North Carolina seed analysis tag, said tag to be purchased from the Commissioner.

(32) The term 'seed offered for sale' means any seed or grain, whether in bags, packets, bins or other containers, exposed in salesrooms, storerooms, warehouses or other places where seed is sold or delivered for seeding purposes, and shall be subject to the provisions of the seed law, unless clearly labeled 'not for sale as seed'.

(33) The term 'stop-sale' means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed.

(34) The term 'seizure' means a legal process carried out by court order against a definite amount of seed.

(35) The term 'treated' means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests which attack seeds or seedlings growing therefrom, or to improve the planting value of the seed.

(36) The term 'variety' means a subdivision of a kind characterized by growth, plant, fruit, seed or other constant characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example, Dixie 82 Corn, Knox Wheat, Kobe Striate Lespedeza, Ranger Alfalfa, Kentucky 31 Tall Fescue.

(37) The term 'vegetable seeds' shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seed in this State.

(38) The term 'weed seeds' means the seeds, bulblets or tubers of all plants generally recognized as weeds within this State or which may be classified as weed seed by regulations promulgated under this Article.

(39) The term 'wholesaler' shall mean a dealer engaged in the business of selling seed to retailers or jobbers as well as to consumers.

G.S. 106-277.3. Label Requirements; General. 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 G.S. 106-277.7, which information shall not be modified or denied in the labeling or on another label attached to the container.

G.S. 106-277.4. Label Requirements for Treated Seeds. (a) All seeds which are treated, as defined in this Article, shall be labeled to show the following information on a separate label, or on the same label as used for other information (purity, germination, etc.) required by this Article, or on the container of seed.

(1) A word or statement in type no smaller than eight (8) points indicating that the seed has been treated.

(2) The commonly accepted coined, chemical (generic) or abbreviated chemical name of a substance or a description of any process (other than application of a substance) used in such treatment in type no smaller than eight (8) points.

(3) A caution statement if the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals.

(b) Seed treated with a mercurial or similarly toxic substance, if any amount remains with the seed, shall be labeled to show a statement such as 'Poison', 'Poison Treated', or 'Treated with Poison'. The word 'Poison' shall be in type no smaller than eight (8) points and shall be in red letters on a distinctly contrasting background. In addition, the label shall show a representation of a skull and crossbones at least twice the size of the type used for the word 'Poison' and the statement indicating that the seed has been treated.

(c) Seed treated with other harmful substances (other than mercurials or similarly toxic substances), if the amount remaining with the seed is harmful to humans or other vertebrate animals, shall be labeled to show the word 'Caution' in red letters in type no smaller than eight (8) points, followed by the statement 'Do not use for food, feed, or oil' in type no smaller than eight (8) points. Seed treated with substances other than mercurials or similarly toxic substance in containers of four (4) ounces or less need not be labeled to show the caution statement.

(d) Seed co-mingled with treated seed shall be labeled 'treated', and the percentage of treated seed and the substance used shall be stated.

(e) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration) shall be declared on the label.

§ 106-277.5. Labeling Requirements for Agricultural Seeds. Agricultural seeds sold, offered or exposed for sale, or transported for sale within this State shall be labeled to show the following information:

(1) The recognized name of the kind or kind and variety of each agricultural seed component in excess of five per cent (5%) of the whole and the percentage by weight of each in the order of its predominance. When more than one component is required to be named, the word 'mixture' or 'mixed' shall be shown conspicuously on the label.

(2) Lot number or other 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 per cent (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 or code designation of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State.

G.S. 106-277.6. Labeling Requirements 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) Origin, for pepper seed in containers of one ounce or more. If unknown, so stated.

(3) The year for which the seed is packed, provided the words 'packed for' shall precede the year, or the percentage of germination, month and year tested.

(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 he stated as such, if desired.

d. The words 'Below Standard' in not less than eight (8) point type.

(5) Name and address of the person who labeled said seed or who sells or exposes said seed for sale within this State.

§ 106-277.7. Label Requirements 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 per cent (5%) and the percentage by weight of each in order of its predominance.

(2) Lot number or other lot identification.

(3) Origin, for snap bean and pepper seed only. If unknown, so stated.

(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 or code designation of the person who labeled said seed or who sells, offers or exposes said seed for sale within this State.

(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.

§ 106-277.8. Responsibility for 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.

§ 106-277.9. Prohibitions. It shall be unlawful for any person:

(1) To transport, to offer for transportation, to sell, offer for sale or expose for sale within this State agricultural or vegetable seeds for seeding purposes:

a. Unless a seed license has been obtained in accordance with the provisions of this Article.

b. Unless the test to determine the percentage of germination required by § 106-277.5 through § 106-277.7 shall have been completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation.

c. Not labeled in accordance with the provisions of this Article or having a false or misleading labeling or claim.

d. Pertaining to which there has been a false or misleading advertisement.

e. Consisting of or containing prohibited noxious-weed seeds.

f. Containing restricted noxious-weed seeds, except as prescribed by rules and regulations promulgated under this Article.

g. Containing weed seeds in excess of two per cent (2%) by weight unless otherwise provided in rules and regulations promulgated under this Article.

h. That have been treated and not labeled as required in this Article.

i. Pepper seed in containers holding one ounce or more of seed, not produced in the arid regions of the western United States, unless treated in accordance with a procedure approved by the North Carolina Commissioner of Agriculture and labeled to reflect the procedure used.

j. To which there is affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds.

k. Represented to be certified, registered or foundation seed unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an officially recognized certifying agency.

l. Represented to be a hybrid unless such seed conforms to the definition of a hybrid as defined in this Article.

m. Unless it conforms to the definition of a 'lot'.

n. Any variety or hybrid not recorded with the Commissioner as required under rules and regulations promulgated pursuant to this Article.

o. Seed of any variety or hybrid that has been found by official variety tests to be inferior, misrepresented or unsuited to conditions within the State. The Commissioner may prohibit the sale of such seed by and with the advice of the director of research of the North Carolina Agricultural Experiment Station.

p. Using a designation on seed tag in lieu of the full name and address of the person who labels or tags seed unless such designation qualifies as a code designation under this Article.

(2) To transport, offer for transportation, sell, offer for sale or expose for sale seeds, whole grain and screenings not for seeding purposes unless labeled 'not for seeding purposes'.

(3) To detach, alter, deface or destroy any label provided for in this Article or the rules and regulations promulgated thereunder, or to alter or substitute seed in any manner that defeats the purposes of this Article.

(4) To disseminate false or misleading advertisement in any manner concerning agricultural seeds, vegetable seeds or screenings.

(5) To hinder or obstruct in any manner an authorized agent of the Commissioner in the performance of his lawful duties.

(6) To fail to comply with or to supply inaccurate information in reply to a stop‑sale order; or to remove tags attached to or to move or dispose of seed or screenings held under a stop-sale order unless authorized by the Commissioner.

(7) To use the name of the Department of Agriculture or the results of tests and inspections made by the Department for advertising purposes.

(8) To use the words 'type' or 'trace' in lieu of information required by § 106‑277.4 through § 106-277.7.

(9) To label and offer for sale seed under the scope of this Article without keeping complete records as specified in § 106-277.12.

§ 106-277.10. Exemptions. (a) When the required analysis and other information regarding the seed is present on a seedsman's label or tag which bears an official North Carolina Seed Stamp or is accompanied by the North Carolina seed analysis tag on which is written, stamped or printed the words 'See Attached Tag for Seed Analysis', the provisions of § 106-277.5 through § 106-277.7 shall be deemed to have been complied with.

(b) The official tag or label of the North Carolina Crop Improvement Association shall be considered an 'official North Carolina seed analysis tag' when attached to containers of seed duly certified by the said Association or when it refers to an accompanying tag which carries the same information required in § 106-277.5 through § 106-277.7 and when fees applicable to the North Carolina Seed Analysis Tag have been paid to the Commissioner.

(1) Lot number or other identification.

(2) Origin, if known. If unknown, so stated.

(3) Commonly accepted name of kind and variety.

(4) Name and number per pound of noxious-weed seeds.

(5) Percentage of germination with month and year of tests.

(6) Name and address of person who labeled said seed or who sells, offers, or exposes said seed for sale.

(d) The provisions of § 106-277.3 through § 106-277.7 do not apply:

(1) To seed or grain sold or represented to be sold for purposes other than for seeding provided that said seed is labeled 'not for seeding purposes' and that the vendor shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes.

(2) To seed for processing when consigned to, being transported to or stored in an approved processing establishment, provided that the invoice or labeling accompanying said seed bears the statement 'Seed for processing' and provided further that other labeling or representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this Article.

(3) To seed sold by a farmer grower to a seed dealer or processor, or to seed in storage in or consigned to a seed cleaning or processing plant; provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this Article.

(4) To any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided that such carrier is not engaged in producing, processing or marketing agricultural or vegetable seeds or screenings subject to provisions of this Article.

(e) No person shall be subject to the penalties of this Article for having sold, offered or exposed for sale in this State any agricultural or vegetable seeds which were incorrectly labeled or represented as to origin, kind or variety when such seeds cannot be identified by examination thereof unless such person has failed to obtain an invoice or grower's declaration giving origin, kind and variety or to take such other precautions as may be necessary to insure the identity to be that stated.

§ 106-277.11. Disclaimers, Non-Warranties and Limited Warranties. The use of a disclaimer, non-warranty or limited warranty clause in any invoice, advertising 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 seed brought under the provisions of this Article or rules and regulations made and promulgated thereunder.

G.S. 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 (2) 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 his 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.

G.S. 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.

G.S. 106-277.14. Administration. The duty of enforcing this Article and its rules and regulations and carrying out its provisions and requirements shall be vested in the Commissioner of Agriculture.

G.S. 106-277.15. Rules, Regulations and Standards. The Commissioner of Agriculture, jointly with the Board of Agriculture, after public hearing immediately following ten (10) days public notice 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 Commissioner and 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 sales 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.

§ 106-277.16. Seed Testing. 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.

§ 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 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 or hybrid or any kind of crop, by and with the advice of the director of research of the North Carolina Agricultural Experiment Station, that has been found by official field tests to be inferior, misrepresented or unsuited to conditions within the State.

§ 106-277.18. Registration and Licensing. 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.

§ 106-277.19. Revocation or Refusal of License for Cause; Hearing; Appeal. The Commissioner is authorized to revoke any seed license issued, or to refuse to issue a seed license to any person as hereinafter provided, upon satisfactory proof that said person has repeatedly violated any of the provisions of this Article or any of the rules and regulations made and promulgated thereunder; provided that no license shall be revoked or refused until the person shall have first been given an opportunity to appear at a hearing before the Commissioner. Any person who is refused a license, or whose license is revoked by any order of the Commissioner, may appeal within thirty (30) days from said order to the Superior Court of Wake County or the Superior Court of the county of his residence.

§ 106-277.20. Right of Commissioner to Enter Business Premises for Purposes of Inspection; Duty of Vendor. 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 this 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.

§ 106-277.21. Sampling, Inspecting and Testing. 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.

§ 106-277.22. Stop-Sale Order. 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.

§ 106-277.23. Notice of Violations; Hearings, Prosecution or Warning. 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, mixtures of such seeds, or screenings to the person in whose hands such seeds or screenings are found, and to send copies of such notice to the shipper of such seed or screenings and to the person whose 'analysis tag or label' is attached to the container of such seeds or screenings, in which notice he 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.

§ 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 misdemeanor and upon conviction thereof shall pay a fine of not more than five hundred dollars ($500.00).

§ 106-277.25. Seizure, Disposition of Seeds. Any lot of agricultural or vegetable seeds, mixtures of such seeds or screenings 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, mixtures of such seeds or screenings are located. In the event the court finds the seeds or screenings to be in violation of the provisions of this Article and orders the condemnation thereof, such seeds or screenings 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, mixtures of such seeds or screenings with permission to process or relabel to bring them into compliance with the provisions of this Article.

§ 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.

§ 106-277.27. Cooperation with U. S. 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.

§ 106-277.28. Financing. For the purpose of providing a fund to defray the expense of inspection, examination, analyses of seeds and enforcement of the provisions of the Article:

(1) Each seed dealer or grower selling, offering or exposing for sale in this State any agricultural or vegetable seeds for seeding purposes shall purchase from the Commissioner for two cents (2¢) each official North Carolina seed analysis tags or stamps and shall attach a tag (or a stamp on the seedsman's label) to each container holding ten pounds or more of seed, provided that this subsection shall not apply to the sale of seed by a farmer who sells only seed grown on his farm and when such sales are confined to his farm.

(2) Each seed dealer selling, offering, or exposing for sale in, or exporting from, this State any agricultural or vegetable seeds for seeding purposes shall register with the Commissioner and shall obtain a license annually on January 1 of each year and shall pay for such license as follows:

a. Wholesale, or wholesale and retail, seed dealer in one location…………………………………………………………$25.00

b. Central office of chain stores, or wholesale cooperatives operating within this State selling or furnishing seeds for retail……………………………………………………………$25.00

c. Each retailer of seeds of branch of wholesale dealer or cooperative selling seeds at different locations with sales in excess of five hundred dollars ($500.00)…………………………………….$15.00

d. Each retailer of seeds, including chain stores, with sales more than three hundred dollars ($300.00) but not in excess of five hundred dollars ($500.00)………………………………………………$10.00

e. Each retailer of seeds, including chain stores, with sales more than one hundred dollars ($100.00) but not in excess of three hundred dollars ($300.00)……………………………………………….$5.00

f. Each retailer of seeds, including chain stores with sales not in excess of one hundred dollars ($100.00)………………………………$1.00

g. Each retail dealer or place of business selling only 'packet' vegetable and flower seeds: One dollar ($1.00) for retail value less than one hundred dollars ($100.00); two dollars ($2.00) for the first one hundred dollars ($100.00); and two dollars ($2.00) for each one hundred dollars ($100.00) thereafter, based on commission or consignment. Containers which hold one pound or less of seed are considered packets."

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect on and after January 1, 1964.

In the General Assembly read three times and ratified, this the 25th day of June, 1963.