GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-261
The General Assembly of North Carolina enacts:
Section 1. G.S. 19A-22 reads as rewritten:
"§ 19A-22. Animal Welfare Section in Animal Health Division of Department of Agriculture created; Director.
There is hereby created within the Animal Health Division of
the North Carolina Department of Agriculture, Agriculture and
Consumer Services, a new section thereof, to be known as the Animal Welfare
Section of said division.
The Commissioner of Agriculture is hereby authorized to appoint a Director of said section whose duties and authority shall be determined by the Commissioner subject to the approval of the Board of Agriculture and subject to the provisions of this Article.
Section 2. G.S. 19A-23(8) reads as rewritten:
"(8) 'Director' means the
Director of the Animal Welfare Section of the Animal Health Division of the
Department of Agriculture. Agriculture and Consumer Services."
Section 3. G.S. 62-102(b)(6) reads as rewritten:
"(6) The Department of Agriculture;
Agriculture and Consumer Services;".
Section 4. G.S. 66-58(b)(2) reads as rewritten:
"(2) The Department of Human Resources, the Department of Environment, Health, and Natural Resources, or the Department of Agriculture and Consumer Services for the sale of serums, vaccines, and other like products."
Section 5. G.S. 66-58(b)(13b) reads as rewritten:
"(13b) The Department of Agriculture and Consumer Services with regard to its lessees at farmers' markets operated by the Department."
Section 6. G.S. 66-58(c)(7) and (8) read as rewritten:
"(7) The operation by
penal, correctional or facilities operated by the Department of Human Resources
or by the State Department of Agriculture, Agriculture and
Consumer Services, of dining rooms for the inmates or clients or members of
the staff while on duty and for the accommodation of persons visiting such
inmates or clients, and other bona fide visitors.
(8) The sale by the Department of Agriculture and Consumer Services of livestock, poultry and publications in keeping with its present livestock and farm program."
Section 7. G.S. 81A-9(2) reads as rewritten:
"(2) Authorized Agent. - An 'authorized agent' is any employee of the North Carolina Department of Agriculture and Consumer Services designated by the Commissioner to enforce any provisions of this Chapter and who is designated by an official identification card issued by the Commissioner."
Section 8. G.S. 81A-29 reads as rewritten:
"§ 81A-29. Offenses and penalties.
Any person who violates any provision of this section or any provision of this Chapter or regulations promulgated pursuant thereto for which a specific penalty has not been prescribed shall be guilty of a Class 2 misdemeanor upon a first conviction. Upon a subsequent conviction thereof, said person shall be guilty of a Class 1 misdemeanor. No person shall:
(1) Use or have in possession for use in commerce any incorrect weight or measure.
(2) Remove any tag, seal, or mark from any weight or measure without specific written authorization from the Commissioner or his authorized agent.
(3) Hinder or obstruct any weights-and-measures official in the performance of his duties.
(4) Impersonate in any way any employee of the North Carolina Department of Agriculture and Consumer Services designated by the Commissioner to enforce any part of this Chapter.
(5) Use in retail trade, except in the preparation of packages put up in advance of sale, a weighing or measuring device which is not so positioned so that its indications may be accurately read and the weighing or measuring operation observed from some position which may be reasonably assumed by a customer.
(6) Manufacture, use or possess a counterfeit seal, tag, mark, certificate, label or decal representing, imitating or copying the same issued by the Commissioner under this Chapter."
Section 9. G.S. 81A-51(3) reads as rewritten:
"(3) 'Department' means the
North Carolina Department of Agriculture. Agriculture and Consumer
Services."
Section 10. G.S. 81A-71 reads as rewritten:
"§ 81A-71. Prerequisites for scale technician. It shall be unlawful for any scale technician to render service as a scale technician until after he or she has compiled with the following requirements:
(1) Obtained from the Department of Agriculture and Consumer Services a copy of this Article, a copy of regulations pertinent to said Article, and an application form for registration.
(2) to (4) Repealed by Session Laws 1983, c. 111, s. 2, effective July 1, 1983.
(5) Obtained a registration card or certificate from the Commissioner or his authorized agent and a model form of service certificate.
(6) Obtained from the Department an annual certification of the standards of weight which will be used by the scale technician.
The provisions of this Article shall not apply to a full-time employee who renders service only on a scale or weighing device, or on scales or weighing devices, owned solely by his or her employer unless additional pay or compensation is received for such service."
Section 11. G.S. 90-187.10(10) reads as rewritten:
"(10) Any person employed by the North Carolina Department of Agriculture and Consumer Services as a livestock inspector or by the U.S. Department of Agriculture as an animal health technician from performing regular duties assigned to him or her during the course and scope of that person's employment."
Section 12. G.S. 105-130.37(b)(2) reads as rewritten:
"(2) 'Market price' means
the season average price of the crop as determined by the North Carolina Crop
and Livestock Reporting Service in the Department of Agriculture, Agriculture
and Consumer Services, or the average price of the crop in the nearest
local market for the month in which the crop is gleaned if the Crop and
Livestock Reporting Service does not determine the season average price for
that crop; and".
Section 13. G.S. 105-151.14(b)(2) reads as rewritten:
"(2) 'Market price' means
the season average price of the crop as determined by the North Carolina Crop
and Livestock Reporting Service in the Department of Agriculture, Agriculture
and Consumer Services, or the average price of the crop in the nearest
local market for the month in which the crop is gleaned if the Crop and Livestock
Reporting Service does not determine the season average price for that crop;
and".
Section 14. G.S. 105-259(b)(14) reads as rewritten:
"(14) To exchange information concerning a tax imposed by Subchapter V of this Chapter with the Standards Division of the Department of Agriculture and Consumer Services when the information is needed to administer the Gasoline and Oil Inspection Act, Article 3 of Chapter 119 of the General Statutes."
Section 15. The Title to Article 1 of Chapter 106 reads as rewritten:
"ARTICLE 1.
Department of Agriculture.
Agriculture and Consumer Services."
Section 16. G.S. 106-2 reads as rewritten:
"§ 106-2. Department of Agriculture and Consumer Services established; Board of Agriculture, membership, terms of office, etc.
The Department of Agriculture and Consumer Services is created and established and shall be under the control of the Commissioner of Agriculture, with the consent and advice of a board to be styled "The Board of Agriculture." The Board of Agriculture shall consist of the Commissioner of Agriculture, who shall be ex officio a member and chairman thereof and shall preside at all meetings, and of 10 other members from the State at large, so distributed as to reasonably represent the different sections and agriculture of the State. In the appointment of the members of the Board the Governor shall also take into consideration the different agricultural interests of the State, and shall appoint one member who shall be a practical tobacco farmer to represent the tobacco farming interest, one who shall be a practical cotton grower to represent the cotton interest, one who shall be a practical truck farmer or general farmer to represent the truck and general farming interest, one who shall be a practical dairy farmer to represent the dairy and livestock interest of the State, one who shall be a practical poultryman to represent the poultry interest of the State, one who shall be a practical peanut grower to represent the peanut interests, one who shall be experienced in marketing to represent the marketing of products of the State. The members of such Board shall be appointed by the Governor by and with the consent of the Senate, when the terms of the incumbents respectively expire. The term of office of such members shall be six years and until their successors are duly appointed and qualified. The terms of office of the five members constituting the present Board of Agriculture shall continue for the time for which they were appointed. In making appointments for the enlarged Board of Agriculture, the Governor shall make the appointments so that the term of three members will be for two years, three for four and four for six years. Thereafter the appointments shall be made for six years. Vacancies in such Board shall be filled by the Governor for the unexpired term. The Commissioner of Agriculture and the members of the Board of Agriculture shall be practical farmers engaged in their profession."
Section 21. G.S. 106-21.1 reads as rewritten:
"§ 106-21.1. Feed Advisory Service; fee.
The Department of Agriculture and Consumer Services shall operate a Feed Advisory Service for the analysis of animal feeds in order to provide a feeding management service to all animal producers in North Carolina. A fee of ten dollars ($10.00) shall accompany each feed sample sent to the Department for testing. A fee of seventy-five dollars ($75.00) shall accompany each feed sample which is to be tested for the presence of fumonisin."
Section 22. G.S. 106-21.2 reads as rewritten:
"§ 106-21.2. Food Bank information and referral service.
The Department of Agriculture and Consumer Services may maintain an information and referral service for persons and organizations that have notified the department of their desire to donate food to a nonprofit organization or a nonprofit corporation."
Section 23. G.S. 106-22.1 reads as rewritten:
"§ 106-22.1. State farms. State-owned farmland, including timberland, allocated to the Department of Agriculture and Consumer Services for the State Farm Program, shall be managed by the Department for research, teaching, and demonstration in agriculture, forestry, and aquaculture. Research projects on the State farms shall be approved by the Department. The Department may sell surplus commodities produced on the farms."
Section 24. G.S. 106-22.2 reads as rewritten:
"§ 106-22.2. Museum of Natural Sciences; Maritime Museum; disposition of objects.
Notwithstanding Article 3A of Chapter 143 of the General Statutes, G.S. 143-49(4), or any other law pertaining to surplus State property, the Department of Agriculture and Consumer Services may sell or exchange any object from the collections of the Museum of Natural Sciences and the Maritime Museum when it would be in the best interests of the Museums to do so. Sales or exchanges shall be conducted in accordance with generally accepted practices for accredited museums. If an object is sold, the net proceeds of the sale shall be deposited in the State treasury to the credit of a special fund to be used for the improvement of the Museums' collections or exhibits."
Section 25. G.S. 106-24 reads as rewritten:
"§ 106-24. Collection and publication of information relating to agriculture; cooperation.
The Department of Agriculture and Consumer Services shall collect, compile, systematize, tabulate, and publish statistical information relating to agriculture. The Department is authorized to use sample surveys to collect primary data relating to agriculture. The Department is authorized to cooperate with the United States Department of Agriculture and the several boards of county commissioners of the State, to accomplish the purpose of this Part."
Section 26. G.S. 106-24.1 reads as rewritten:
"§ 106-24.1. Confidentiality of information collected and published.
All information published by the Department of Agriculture and Consumer Services pursuant to this Part shall be classified so as to prevent the identification of information received from individual farm operators. All information received pursuant to this Part from individual farm operators shall be held confidential by the Department and its employees. Information collected by the Department from individual farm operators for the purposes of its animal health programs may be disclosed by the State Veterinarian when, in his judgment, the disclosure will assist in the implementation of these programs."
Section 27. G.S. 106-65.23 reads as rewritten:
"§ 106-65.23. Structural Pest Control Division of Department of Agriculture and Consumer Services recreated; Director; Structural Pest Control Committee created; appointment; terms; quorum.
There is hereby recreated, within the North Carolina
Department of Agriculture, Agriculture and Consumer Services, a
Division thereof, to be known as the Structural Pest Control Division of said
Department. The Commissioner of Agriculture is hereby authorized to
appoint a Director of said Division whose duties and authority shall be
determined by the Commissioner. Said Director shall act as secretary to
the Structural Pest Control Committee herein created.
There is hereby created a Structural Pest Control Committee
to be composed of the following members. The Commissioner shall appoint
one member of the Committee who is not in the structural pest control business
for a four-year term. The Commissioner of Agriculture shall designate an
employee of the Department of Agriculture and Consumer Services to serve
on said Committee at the pleasure of the Commissioner. The dean of the School
of Agriculture of North Carolina State University at Raleigh shall appoint one
member of the Committee who shall serve for one term of two years and who shall
be a member of the entomology faculty of said University. The vacancy occurring
on the Committee by the expired term of the member from the entomology faculty
of said University shall be filled by the dean of the School of Agriculture of
North Carolina State University at Raleigh who shall designate any person of
his choice from the entomology faculty of said University to serve on said
Committee at the pleasure of the dean. The Secretary of Environment,
Health, and Natural Resources shall appoint one member of the Committee who
shall be an epidemiologist in the Division of Health Services and who shall
serve at the pleasure of the Secretary. The Governor shall appoint two
members of said Committee who are actively engaged in the pest control
industry, who are licensed in at least two phases of structural pest control as
provided under G.S. 106-65.25(a), and who are residents of the State of North
Carolina but not affiliates of the same company. The initial Committee
members from the pest control industry shall be appointed as follows: one for a
two-year term and one for a three-year term. The Governor shall appoint
one member of the Committee who is a public member and who is unaffiliated with
the structural pest control industry, the pesticide industry, the Department of
Agriculture, Agriculture and Consumer Services, the
Department of Environment, Health, and Natural Resources and the School of Agriculture
at North Carolina State University at Raleigh. The initial public member
shall be appointed for a term of two years, commencing July 1, 1991.
After the initial appointments by the Governor, all ensuing appointments by the
Governor shall be for terms of four years. Any vacancy occurring on the
Committee by reason of death, resignation, or otherwise shall be filled by the
Governor or the Commissioner of Agriculture, as the case may be, for the
unexpired term of the member whose seat is vacant. A member of the Committee
appointed by the Governor shall not succeed himself.
The Committee shall make final decisions under this Article concerning licenses, certified applicator cards, and identification cards. The Committee shall report annually to the Board of Agriculture the action taken in the Committee's final decisions and the financial status of the Structural Pest Control Division.
The Director shall be responsible for and answerable to the Commissioner of Agriculture as to the operation and conduct of the Structural Pest Control Division.
Each member of the Committee who is not an employee of the State shall receive as compensation for services per diem and necessary travel expenses and registration fees in accordance with the provisions as outlined for members of occupational licensing boards and currently provided for in G.S. 93B-5. Such per diem and necessary travel expenses and registration fees shall apply to the same effect that G.S. 93B-5 might hereafter be amended.
Four members of the Committee shall constitute a quorum but no action at any meeting of the Committee shall be taken without four votes in accord. The chairman shall be entitled to vote at all times.
The Committee shall meet at such times and such places in North Carolina as the chairman shall direct; provided, however, that four members of the Committee may call a special meeting of the Committee on five days' notice to the other members thereof.
Except as otherwise provided herein, all members of the Committee shall be appointed or designated, as the case may be, prior to and shall commence their respective terms on July 1, 1967.
At the first meeting of the Committee they shall elect a chairman who shall serve as such at the pleasure of the Committee."
Section 28. G.S. 106-65.24(8a) reads as rewritten:
"(8a) 'Director' means the Director of
the Structural Pest Control Division of the Department of Agriculture. Agriculture
and Consumer Services."
Section 29. G.S. 106-65.24(9a) reads as rewritten:
"(9a) 'Enforcement agency' means the
Structural Pest Control Division of the Department of Agriculture. Agriculture
and Consumer Services."
Section 30. G.S. 106-65.44(4) reads as rewritten:
"(4) The term 'Division of
Entomology' means the Division of the Department of Agriculture so named. and
Consumer Services."
Section 31. G.S. 106-65.69(3) reads as rewritten:
"(3) Commissioner. - The
Commissioner of the Department of Agriculture of this State or any
officer or employee of said the Department of Agriculture and
Consumer Services or designated cooperator to whom authority to act in his
stead has been or hereafter may be delegated."
Section 32. G.S. 106-121(2) reads as rewritten:
"(2) The term
'Commissioner' means the Commissioner of Agriculture; the term 'Department'
means the Department of Agriculture, Agriculture and Consumer
Services, and the term 'Board' means the Board of Agriculture."
Section 33. G.S. 106-134(8) reads as rewritten:
"(8) If it has been found by the Department of Agriculture and Consumer Services to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the Board of Agriculture shall by regulations require as necessary for the protection of public health. No such regulation shall be established for any drug recognized in an official compendium until the Commissioner of Agriculture shall have informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements."
Section 34. G.S. 106-141.1 reads as rewritten:
"§ 106-141.1. Inspections of donated food.
(a) The Department of Agriculture and Consumer Services is authorized to inspect for compliance with the provisions of Article 12 of Chapter 106 of the North Carolina General Statutes, food items donated for use or distribution by nonprofit organizations or nonprofit corporations, and may establish procedures for the handling of the food items, including reporting procedures concerning the donation of food.
(b) The Department of Agriculture and Consumer Services may apply to Superior Court for injunctive relief restraining the violation of this section.
(c) Nothing in this section shall limit the duties or responsibilities of the Commission for Health Services or the local boards of health."
Section 35. G.S. 106-145.2(5) reads as rewritten:
"(5) Department. - The
Department of Agriculture. Agriculture and Consumer Services."
Section 36. G.S. 106-185(a) reads as rewritten:
"(a) Scope. - This Article gives the Department of Agriculture and Consumer Services the authority to investigate marketing conditions for and establish and maintain standard grades, packages, and State brands for farm products. As used in this Article, the term 'farm products' means farm crops, horticultural crops, and animal products."
Section 37. G.S. 106-202.14(a) reads as rewritten:
"(a) The North Carolina
Plant Conservation Board is created within the Department of Agriculture. Agriculture
and Consumer Services."
Section 38. G.S. 106-202.14(b)(6) reads as rewritten:
"(6) The Department of Agriculture;
Agriculture and Consumer Services;".
Section 39. G.S. 106-202.15(12) reads as rewritten:
"(12) To promulgate regulations under which the Department of Agriculture and Consumer Services may issue permits to licensed nurserymen, commercial growers, scientific supply houses and botanical gardens for the sale or distribution of plants on the protected list provided that the plants are nursery propagated and grown horticulturally from seeds or by vegetative propagation of cuttings, meristems or other similar materials and that the plants bear the grower's permit number."
Section 40. G.S. 106-202.19(a)(7) reads as rewritten:
"(7) To fail to keep
records as required under this Article, to refuse to make records available for
inspection by the Board or its agent, or to use forms other than those provided
for the current year or harvest season by the Department of Agriculture; Agriculture
and Consumer Services;".
Section 41. G.S. 106-202.19(b) reads as rewritten:
"(b) The Commissioner or any employee of the Department of Agriculture and Consumer Services designated by the Commissioner to enforce the provisions of this Article, may enter any place within the State at all reasonable times where plant materials are being grown, transported or offered for sale and require the presentation for inspection of all pertinent papers and records relative to the provisions of this Article, after giving notice in writing to the owner or custodian of the premises to be entered. If he refuses to consent to the entry, the Commissioner may apply to any district court judge and the judge may order, without notice, that the owner or custodian of the place permit the Commissioner to enter the place for the purposes herein stated and failure by any person to obey the order may be punished as for contempt."
Section 42. G.S. 106-245.14(12) reads as rewritten:
"(12) 'Lots' means a physical grouping of
eggs or containers with eggs therein, as determined by the North Carolina
Department of Agriculture. Agriculture and Consumer Services."
Section 43. G.S. 106-245.31(3) reads as rewritten:
"(3) 'Department' means the
North Carolina Department of Agriculture. Agriculture and Consumer
Services."
Section 44. G.S. 106-251 reads as rewritten:
"§ 106-251. Department of Agriculture and Consumer Services to enforce law; examinations.
It shall be the duty of the Department of Agriculture and Consumer Services to enforce this Article, and the Board of Agriculture shall cause to be made by the experts of the Department such examinations of plants and products named herein as are necessary to insure the compliance with the provisions of this Article. For the purpose of inspection, the authorized experts of the Department shall have authority, during business hours, to enter all plants or storage rooms where cream, ice cream, butter, or cheese or ingredients used in the same are made, stored, or kept, and any person who shall hinder, prevent, or attempt to prevent any duly authorized expert of the Department in the performance of his duty in connection with this Article shall be guilty of a violation of this Article."
Section 45. G.S. 106-266.6(5) reads as rewritten:
"(5)
'Health authorities' includes the Department of Environment, Health, and
Natural Resources, the State North Carolina Department of Agriculture,
Agriculture and Consumer Services, the Commissioner of Agriculture,
and the local health authorities."
Section 46. G.S. 106-268 reads as rewritten:
"§ 106-268. Definitions; enforcement of Article.
The definitions set forth in this section shall apply to milk, dairy products, ice cream, frozen desserts, frozen confections or any other products which purport to be milk, dairy products or frozen desserts for which a definition and standard of identity has been established and when any of such products heretofore enumerated shall be sold, offered for sale or held with intent to sell by a milk producer, manufacturer or distributor, and insofar as practicable and applicable, the definitions contained in Article 12 of Chapter 106 of the General Statutes, as amended, shall be effective as to the products enumerated in this Article and section.
The term 'adulteration' means:
(1) Failure to meet definitions and standards as established by the Board of Agriculture.
(2) If any valuable constituent has been in whole or in part omitted or abstracted therefrom.
(3) If any substance has been substituted wholly or in part thereof.
(4) If it is adjudged to be unfit for human consumption.
The term 'misbranded' means:
(1) If its labeling is false or misleading in any particular.
(2) If it is offered for sale under the name of another dairy product or frozen dessert.
(3) If it is sold in package form unless it bears a prominent label containing the name of the defined product, name and address of the producer, processor or distributor and carries an accurate statement of the quantity of contents in terms of weight or measure.
The Department of Agriculture, Agriculture and Consumer
Services, through its agents or inspectors, shall have free access during
business hours to all places of business, buildings, vehicles, cars, storage
places, containers and vessels used in the production, testing, processing and
distribution of milk, cream, butter, cheese, ice cream, frozen dessert or any
dairy product for which standards of purity and of identity have been
established, as well as any substance which purports to be milk, dairy
products, frozen dessert or confection for which a definition and standard of
purity has been established; the Department of Agriculture, acting
through its duly authorized agents and inspectors, may open any box, carton,
parcel, package or container holding or containing, or supposed to hold or
contain any of the above-enumerated dairy products, as well as related
products, and may take therefrom samples for analysis, test or inspection. If
it appears that any of the provisions of this Article or of this section have
been violated, or whenever a duly authorized agent of the Department of
Agriculture has cause to believe that any milk, cream, butter, cheese, ice
cream, frozen dessert or any dairy product for which standards of purity and of
identity have been established or any substance which purports to be milk, a
dairy product or a frozen dessert for which a definition and standard of
identity has been established, is adulterated or misbranded or by reason of
contamination with microorganisms has become deleterious to health during
production, processing or distribution, and such products, or any of them, are
in a stage of production, or are being exposed for sale, or are being held for
processing or distribution or such products are being held with intent to sell
the same, such agent or inspector is hereby authorized to issue a 'stop-sale'
order which shall prohibit further sale of any of the products above enumerated
or which shall prohibit further processing, production or distribution of any
of the products above enumerated. The agent or inspector shall affix to such
product a tag or other appropriate marking giving notice that such product is,
or is suspected of, being adulterated, misbranded or contaminated and that the
same has been detained or embargoed, and warning all persons not to remove or
dispose of such product, by sale or otherwise, until permission for removal or
disposal is given by such agent or inspector, until the law or regulation has
been complied with or said violation has otherwise been legally disposed
of. It shall be unlawful for any person to remove or dispose of any embargoed
product, by sale or otherwise, without such permission: Provided, that if such
adulteration or misbranding can be corrected by proper labeling or processing
of the products so that the products meet the definitions and standards of
purity and identity, then with the approval of such agent or inspector, sale
and removal may be made. Any milk, dairy products or any of the products
enumerated in this Article or section not in compliance with this Article or
section shall be subject to seizure upon complaint of the Commissioner of
Agriculture, or any of the agents or inspectors of the Department of Agriculture,
Agriculture and Consumer Services, to a court of competent
jurisdiction in the area in which said products are located. In the event the
court finds said products, or any of them, to be in violation of this Article
or of this section, the court may order the condemnation of said products, and
the same shall be disposed of in any manner consistent with the rules and regulations
of the Board of Agriculture and the laws of the State and in such a manner as
to minimize any loss or damage as far as possible: Provided, that in no
instance shall the disposition of said products be ordered by the court without
first giving the claimant or owner of same an opportunity to apply to the court
for the release of said products or for permission to again process or relabel
the same so as to bring the product in compliance with this Article or section.
In the event any 'stop-sale' order shall be issued under the provisions of this
Article or section, the agents, inspectors or representatives of the Department
of Agriculture and Consumer Services shall release the products, or any
of them, so withdrawn from sale when the requirements of the provisions of this
Article and section have been complied with and upon payment of all costs and
expenses incurred in connection with the withdrawal."
Section 47. G.S. 106-277.9(7) reads as rewritten:
"(7) To use the name of the Department of Agriculture and Consumer Services or the results of tests and inspections made by the Department for advertising purposes."
Section 48. G.S. 106-277.28(3) reads as rewritten:
"(3) Each seed dealer or grower who has seed, whether originated or labeled by the dealer or grower, that is offered for sale in this State shall report the quantity of seed offered for sale and pay an inspection fee of two cents (2¢) for each container of seeds weighing 10 pounds or more. Seed shall be subject to the inspection fee and reporting requirements only once in any 12-month period. This fee does not apply to seed grown by a farmer and offered for sale by the farmer at the farm where the seed was grown.
Each seed dealer or grower shall keep accurate records of the quantity of seeds and container weights offered for sale from each distribution point in the State. These records shall be available to the Commissioner or an authorized representative of the Commissioner at any and all reasonable hours for the purpose of verifying the quantity of seed offered for sale and the fees paid. Each seed dealer or grower shall report quarterly on forms furnished by the Commissioner the quantity and container weight of seeds first offered for sale that quarter. The reports shall be made on the first day of January, April, July, and October, or within 10 days thereafter. Inspection fees shall be due and paid with the next quarterly report filed after the seed is first offered for sale. If the report is not filed and the inspection fees paid to the Department of Agriculture and Consumer Services by the tenth day following the date due, or if the report of the quantity or container weights is false, the Commissioner may issue a stop-sale order for all seed offered for sale by the dealer or grower. If the inspection fees are unpaid more than 15 days after the due date, the amount due shall bear a penalty of ten percent (10%) which shall be added to the inspection fees due."
Section 49. G.S. 106-307.1 reads as rewritten:
"§ 106-307.1. Serums, vaccines, etc., for control of animal diseases.
The North Carolina Department of Agriculture and Consumer Services is authorized and empowered to purchase for resale serums, viruses, vaccines, biologics, and other products for the control of animal and poultry diseases. The resale of said serums, viruses, vaccines, biologics and other products shall be at a reasonable price to be determined by the Commissioner of Agriculture."
Section 50. G.S. 106-313 reads as rewritten:
"§ 106-313. Price of serum to be fixed.
The Department of Agriculture and Consumer Services shall fix the price of anti-hog-cholera serum at such an amount as will cover the cost of production."
Section 51. G.S. 106-322.3(10) reads as rewritten:
"(10) Where the owner has failed to submit
the reports required by the United States Department of Agriculture and the
North Carolina Departments Department of Agriculture and
Consumer Services for animals on which indemnity is paid under
Article 34."
Section 52. G.S. 106-418.10 reads as rewritten:
"§ 106-418.10. Prohibited conduct.
It shall be unlawful for any person to:
(1) Carry on or conduct the business of a livestock dealer without a current valid license issued by the North Carolina Department of Agriculture and Consumer Services under the provisions of this Article;
(2) Fail to keep the records required by G.S. 106-418.13."
Section 53. G.S. 106-426 reads as rewritten:
"§ 106-426. Expert graders to be employed; cooperation with United States Department of Agriculture.
The North Carolina Department of Agriculture and Consumer
Services shall have authority to employ expert cotton graders to grade
cotton in this State under such rules and regulations as it may adopt. The North
Carolina Department of Agriculture may seek the aid of the United
States Department of Agriculture in the prosecution of this work, and shall
have authority to enter into such contracts or arrangements as shall be
mutually agreeable in furtherance of the object and purpose of this
Article."
Section 54. G.S. 106-451.7(7) reads as rewritten:
"(7) 'Warehouseman' means a person licensed by North Carolina Department of Agriculture and Consumer Services to engage in the business of storing cotton for hire."
Section 55. G.S. 106-451.9(2) and (3) read as rewritten:
"(2) To assign and reassign
the administrative and enforcement duties and functions assigned to him in this
Article to one or more divisions within the Department of Agriculture. Agriculture
and Consumer Services.
(3) To delegate to any
division head and other officer or employee of the Department of Agriculture
Agriculture and Consumer Services any of the powers and duties given
to the Department by statute or by rules promulgated pursuant to this
Article."
Section 56. G.S. 106-542 reads as rewritten:
"§ 106-542. Hatcheries, chick dealers and others to obtain license to operate.
(a) It shall be unlawful for any person, firm or corporation to operate a hatchery within this State without first obtaining a hatchery license from the Department of Agriculture and Consumer Services for a fee of twenty-five dollars ($25.00) per year.
(b) It shall be unlawful for any person, firm or corporation to operate as a hatching egg dealer, chick dealer or jobber within this State without first obtaining a license from the Department of Agriculture and Consumer Services for a fee of ten dollars ($10.00) per year.
(c) The Department of Agriculture and Consumer Services may deny, suspend, revoke or refuse to renew the license of any person, firm or corporation for violation of this Article or any rule or regulation promulgated thereunder."
Section 57. G.S. 106-549.01 reads as rewritten:
"§ 106-549.01. Civil penalties.
The Department of Agriculture and Consumer Services may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder. In determining the amount of the penalty, the Department shall consider the degree and extent of harm caused by the violation."
Section 58. G.S. 106-549.15(3) reads as rewritten:
"(3) 'Authorized
representative' means the Director of the Meat and Poultry Inspection Service
of the North Carolina Department of Agriculture. Agriculture and
Consumer Services."
Section 59. G.S. 106-549.29 reads as rewritten:
"§ 106-549.29. North Carolina Department of Agriculture and Consumer Services responsible for cooperation.
(a) The North Carolina Department of Agriculture and Consumer Services is hereby designated as the State agency which shall be responsible for cooperating with the Secretary of Agriculture of the United States under the provisions of section 301 of the Federal Meat Inspection Act and such agency is directed to cooperate with the Secretary of Agriculture of the United States in developing and administering the meat inspection program of this State under this and the previous Article in such a manner as will effectuate the purposes of this and the previous Article.
(b) In such cooperative efforts, the North Carolina Department of Agriculture and Consumer Services is authorized to accept from said Secretary advisory assistance in planning and otherwise developing the State program, technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program.
(c) The North Carolina Department of Agriculture and Consumer Services is further authorized to recommend to the said Secretary of Agriculture such officials or employees of this State as the Commissioner shall designate, for appointment to the advisory committees provided for in Section 301 of the Federal Meat Inspection Act; and the Commissioner or his authorized representative shall serve as the representative of the Governor for consultation with said Secretary under paragraph (c) of Section 301 of said act."
Section 60. G.S. 106-549.38 reads as rewritten:
"§ 106-549.38.
Rules and regulations of State Department of Agriculture. Agriculture
and Consumer Services.
All rules and regulations of the North Carolina Department
of Agriculture and Consumer Services not inconsistent with the
provisions of this Article shall remain in full force and effect until amended
or repealed by the Board."
Section 61. G.S. 106-549.51(12) and (13) read as rewritten:
"(12) 'Inspection service' means the official
government service within this State the Department of
Agriculture and Consumer Services designated by the Commissioner as
having the responsibility for carrying out the provisions of this Article.
(13) 'Inspector' means an employee or
official of the State Department of Agriculture and Consumer
Services authorized by the Commissioner to inspect poultry and poultry
products under the authority of this Article, or any employee or official of
the government of any county or other governmental subdivision of this State
authorized by the Commissioner to inspect poultry and poultry products under
authority of this Article, under an agreement entered into between the
Department of Agriculture and such governmental subdivision."
Section 62. G.S. 106-549.52 reads as rewritten:
"(a) The Department of Agriculture and Consumer Services is hereby designated as the State agency which shall be responsible for cooperating with the Secretary of Agriculture of the United States under the provisions of section 5 of the Federal Poultry Products Inspection Act and such agency is directed to cooperate with the Secretary of Agriculture of the United States in developing and administering the poultry products inspection program of this State under this Article and in developing and administering the program of this State under G.S. 106-549.58 in such a manner as will effectuate the purposes of this Article and said federal act.
(b) In such cooperative
efforts, the Department of Agriculture is authorized to accept from said
Secretary advisory assistance in planning and otherwise developing the State
program, technical and laboratory assistance and training (including necessary
curricular and instructional materials and equipment), and financial and other
aid for administration of such a program.
(c) The Department of
Agriculture is further authorized to recommend to the Secretary of
Agriculture such officials or employees of this State as the Commissioner shall
designate, for appointment to the advisory committees provided for in section 5
of the Federal Poultry Products Inspection Act; and the Commissioner shall
serve as the representative of the Governor for consultation with said
Secretary under subsection (c) of section 5 of said act."
Section 63. G.S. 106-549.94 reads as rewritten:
"§
106-549.94. Regulation of pen-raised quail by Department of Agriculture;
and Consumer Services; certain authority of North Carolina Wildlife
Resources Commission not affected.
(a) The North Carolina
Department of Agriculture and Consumer Services is given exclusive
authority to regulate the production and sale of pen-raised quail for food
purposes. The Board of Agriculture shall promulgate rules and regulations for
the production and sale of pen-raised quail for food purposes in such a manner
as to provide for close supervision of any person, firm, or corporation
producing and selling pen-raised quail for food purposes.
(b) The North Carolina Wildlife Resources Commission shall retain its authority to regulate the possession and transportation of live pen-raised quail."
Section 66. G.S. 106-627 reads as rewritten:
"§ 106-627. Determination of adulteration.
For purposes of evidence under this Article, the grain dealer or his agent, upon receipt or pending receipt of suspected adulterated grain, may, at his discretion, call any law-enforcement officer to verify the sampling technique, [and] origin of sampled grain and subsequently send or request the law-enforcement officer to send the sample of grain in a sealed package to the Department of Agriculture and Consumer Services for inspection and analysis in order to protect only the chain of evidence.
Upon [a] finding by the Department of Agriculture that
said sample is adulterated grain, the Department shall notify the grain dealer
of the results and return the sample to the original sender in a sealed
package."
Section 67. G.S. 106-635(10) reads as rewritten:
"(10) The term 'Department' means the North
Carolina Department of Agriculture. Agriculture and Consumer
Services."
Section 68. G.S. 106-662(b)(6) reads as rewritten:
"(6) In the trial of any
suit or action wherein there is called in question the value or composition of
any lot of commercial fertilizer, a certificate signed by the fertilizer
chemist and attested with the seal of the Department of Agriculture, Agriculture
and Consumer Services, setting forth the analysis made by the chemist of
the Department of Agriculture, of any sample of said commercial
fertilizer, drawn under the provisions of this section and analyzed by them
under the provisions of the same, shall be prima facie proof that the lot of
fertilizer represented by the sample was of the value and constituency shown by
said analysis. And the said certificate of the chemist shall be admissible in
evidence."
Section 69. G.S. 106-662(e)(2) reads as rewritten:
"(2) The sample shall be drawn in the presence of the manufacturer, seller, or representative designated by either party together with two disinterested adult persons; or in case the manufacturer, seller, or representative of either refuses or is unable to witness the drawing of such a sample, a sample may be drawn in the presence of three disinterested adult persons; provided, any such sample shall be taken with the same type of sampler as used by the inspector of the Department of Agriculture and Consumer Services in taking samples and shall be drawn, mixed, and divided, as directed in subdivisions (1), (2), (3), and (4) of subsection (b) of this section, except that the sample shall be divided into two parts each to consist of at least one pound. Each of these is to be placed into a separate, tight container, securely sealed, properly labeled, and one sent to the Commissioner for analysis and the other to the manufacturer. A certificate statement in a form which will be prescribed and supplied by the Commissioner must be signed by the parties taking and witnessing the taking of the sample. Such certificate is to be made and signed in duplicate and one copy sent to the Commissioner and the other to the manufacturer or seller of the brand sampled. The witnesses of the taking of any sample, as provided for in this section, shall be required to certify that such sample has been continuously under their observation from the taking of the sample up to and including the delivery of it to an express agency, a post office or to the office of the Commissioner."
Section 70. G.S. 106-708(5) reads as rewritten:
"(5) 'Department' means the
Department of Agriculture. Agriculture and Consumer Services."
Section 71. G.S. 106-758(5) reads as rewritten:
"(5) 'Department' means the
North Carolina Department of Agriculture. Agriculture and Consumer
Services."
Section 72. G.S. 106-760(a) and (b) read as rewritten:
"(a) There is created within the Department of Agriculture and Consumer Services the Aquaculture Advisory Board, to consist of the following persons:
(1) The Commissioner of Agriculture, or his designee;
(2) The Secretary of Commerce, or his designee;
(3) The Secretary of Environment, Health, and Natural Resources, or his designee;
(4) The President of the North Carolina Biotechnology Center, or his designee;
(5) The President of the University of North Carolina, or his designee;
(6) One Senator designated by the President Pro Tempore of the Senate; and
(7) One Representative designated by the Speaker of the House of Representatives.
(b) The Commissioner of
Agriculture or his designee shall serve as Chairman of the Board. A majority of
the Board shall constitute a quorum for the transaction of business. Clerical
and other assistance shall be provided by the Department of Agriculture. Agriculture
and Consumer Services. The Commissioner may appoint advisory committees,
pursuant to G.S. 143B-10(d), to assist the Board in carrying out its
duties."
Section 73. G.S. 106-761(a) reads as rewritten:
"(a) Authority. The
North Carolina Department of Agriculture and Consumer Services shall
regulate the production and sale of commercially raised freshwater fish and
freshwater crustacean species. The Board of Agriculture shall promulgate
rules for the registration of facilities for the production and sale of
freshwater aquaculturally raised species. The Board may prescribe standards
under which commercially reared fish may be transported, possessed, bought, and
sold. The Department of Agriculture and Board of Agriculture
authority shall be limited to commercially reared fish and shall not include
authority over the wild fishery resource which is managed under the authority
of the North Carolina Wildlife Resources Commission. The authority
granted herein to regulate facilities licensed pursuant to this section does
not authorize the Department of Agriculture or the Board of Agriculture to
promulgate rules that (i) are inconsistent with rules adopted by any other
State agency; or (ii) exempt such facilities from the rules adopted by any
other State agency."
Section 74. G.S. 106-761(d) reads as rewritten:
"(d) Aquaculture
Propagation and Production Facility License. The Board of Agriculture
may, by rule, authorize and license the operation of fish hatcheries and
production facilities for species of fish listed in subsection (b) of this
section. The Board may prescribe standards of operation, qualifications
of operators, and the conditions under which fish may be commercially reared,
transported, possessed, bought, and sold. Aquaculture Propagation and
Production Licenses issued by the North Carolina Department of
Agriculture shall be valid for a period of five years."
Section 75. G.S. 106-761(e)(1) reads as rewritten:
"(1) Commercial catchout
facilities must be stocked exclusively with hatchery reared fish obtained from
hatcheries approved by the Department of Agriculture to prevent
the introduction of diseases. The Board of Agriculture may, by rule,
prescribe standards of operation and conditions under which fish from such
ponds may be taken, transported, possessed, bought, and sold."
Section 76. G.S. 106-761(g) reads as rewritten:
"(g) Possession of species
other than those listed in subsection (b) of this section or as authorized in
writing by the Wildlife Resources Commission shall be a violation which shall
result in the revocation of the Aquaculture Propagation and Production Facility
or Commercial Catchout Facility License until such time that proper
authorization is received from the Wildlife Resources Commission or the
unauthorized species is removed from the facility. In the event of
possession of unauthorized fish species, the Wildlife Resources Commission may
take further regulatory action. The Department of Agriculture and
the Wildlife Resources Commission shall have authority to enter the premises of
such facilities to inspect for the possession of a species other than those
authorized in subsection (b) of this section or authorized by written
permission of the Wildlife Resources Commission."
Section 77. G.S. 106-762(a) reads as rewritten:
"(a) The North Carolina Department of Agriculture and Consumer Services shall, with the assistance of the Wildlife Resources Commission, develop and implement a fish disease management plan to prevent the introduction of fish diseases through aquaculture facilities subject to the provisions and duly adopted rules of this section into the State."
Section 78. G.S. 106-783(3) reads as rewritten:
"(3) 'Department' means the
North Carolina Department of Agriculture. Agriculture and Consumer
Services."
Section 79. G.S. 106-792(3) reads as rewritten:
"(3) Department. - The
North Carolina Department of Agriculture. Agriculture and Consumer
Services."
Section 80. G.S. 113-129(16) reads as rewritten:
"(16) Wildlife. - Wild animals; wild birds; all fish found in inland fishing waters; and inland game fish. Unless the context clearly requires otherwise, the definitions of wildlife, wildlife resources, wild animals, wild birds, fish, and the like are deemed to include species normally wild, or indistinguishable from wild species, which are raised or kept in captivity. Nothing in this definition is intended to abrogate the exclusive authority given the Department of Agriculture and Consumer Services to regulate the production and sale of pen-raised quail for food purposes."
Section 81. G.S. 113-273(h) reads as rewritten:
"(h) Game Bird Propagation License. - No person may propagate game birds in captivity or possess game birds for propagation without first procuring a license under this subsection. The Wildlife Resources Commission may by rule prescribe the activities to be covered by the propagation license, which species of game birds may be propagated, and the manner of keeping and raising the birds, in accordance with the overall objectives of conservation of wildlife resources. Except as limited by this subsection, propagated game birds may be raised and sold for purposes of propagation, stocking, food, or taking in connection with dog training as authorized in G.S. 113-291.1(d). Migratory game bird operations authorized under this subsection must also comply with any applicable provisions of federal law and rules. The Wildlife Resources Commission may impose requirements as to shipping, marking packages, banding, tagging, or wrapping the propagated birds and other restrictions designed to reduce the change of illicit game birds being disposed of under the cover of licensed operations. The Wildlife Resources Commission may make a reasonable charge for any bands, tags, or wrappers furnished propagators. The game bird propagation license is issued by the Wildlife Resources Commission upon payment of a fee of five dollars ($5.00). It authorizes a person or individual to propagate and sell game birds designated in the license, in accordance with the rules of the Wildlife Resources Commission, except:
(1) Wild turkey and ruffed grouse may not be sold for food.
(2) Production and sale of
pen-raised quail for food purposes is under the exclusive control of the
Department of Agriculture. Agriculture and Consumer Services. The
Wildlife Resources Commission, however, may regulate the possession,
propagation, and transportation of live pen-raised quail.
Wild turkey acquired or raised under a game bird propagation license shall be confined in a cage or pen approved by the Wildlife Resources Commission and no such wild turkey shall be released for any purpose or allowed to range free. It is a Class 3 misdemeanor to sell wild turkey or ruffed grouse for food purposes, to sell quail other than lawfully acquired pen-raised quail for food purposes, or to release or allow wild turkey to range free."
Section 82. G.S. 113A-164.4(3) reads as rewritten:
"(3) Maintain a Natural Heritage Program to provide assistance in the selection and nomination for registration or dedication of natural areas. The Program shall include classification of natural heritage resources, an inventory of their locations, and a data bank for that information. The Program shall cooperate with the Department of Agriculture and Consumer Services in the selection and nomination of areas that contain habitats for endangered and rare plant species, and shall cooperate with the Wildlife Resources Commission in the selection and nomination of areas that contain habitats for endangered and rare animal species. Information from the natural heritage data bank may be made available to public agencies and private persons for environmental assessment and land management purposes. Use of the inventory data for any purpose inconsistent with the Natural Heritage Program may not be authorized. The Program shall include other functions as may be assigned for registration, dedication, and protection of natural areas and nature preserves."
Section 83. G.S. 119-26.1 reads as rewritten:
"§ 119-26.1. Oxygen content standards and reformulated gasoline.
(a) Rules adopted pursuant to G.S. 143-215.107(a)(9) to regulate the oxygen content of gasoline or to require the use of reformulated gasoline shall be implemented by the Department of Agriculture and Consumer Services and the Gasoline and Oil Inspection Board. Such rules shall be implemented within any area specified by the Environmental Management Commission when the Commission certifies to the Commissioner of Agriculture that implementation:
(1) Will improve the ambient air quality within the specified county or counties;
(2) Is necessary to achieve attainment or preclude violations of the National Ambient Air Quality Standards; or
(3) Is otherwise necessary to meet federal requirements.
(b) The Department of Agriculture and Consumer Services and the Gasoline and Oil Inspection Board may adopt rules to implement this section. Rules shall be consistent with the implementation schedule and rules adopted by the Environmental Management Commission.
(c) The Commissioner of Agriculture may assess and collect civil penalties for violations of rules adopted under G.S. 143-215.107(a)(9) or this section in accordance with G.S. 143-215.114A. The Commissioner of Agriculture may institute a civil action for injunctive relief to restrain, abate, or prevent a violation or threatened violation of rules adopted under G.S. 143-215.107(a)(9) or this section in accordance with G.S. 143-215.114C. The assessment of a civil penalty under this section and G.S. 143-215.114A or institution of a civil action under G.S. 143-215.114C and this section shall not relieve any person from any other penalty or remedy authorized under this Article.
(d) The Commissioner of
Agriculture may delegate his powers and duties under this subsection to the Director
of the Standards Division of the Department of Agriculture. Agriculture
and Consumer Services."
Section 84. G.S. 119-27.1(b) reads as rewritten:
"(b) The North Carolina Department of Agriculture and Consumer Services shall have the responsibility for the enforcement of this section."
Section 85. G.S. 122D-3(6) reads as rewritten:
"(6) 'Department' means the
North Carolina Department of Agriculture. Agriculture and Consumer
Services."
Section 86. G.S. 130A-250(9) reads as rewritten:
"(9) Markets where meat food products or poultry products are prepared and sold and which are under the continuous inspection by the North Carolina Department of Agriculture and Consumer Services or the United States Department of Agriculture."
Section 87. G.S. 130A-278 reads as rewritten:
"§ 130A-278. Certain authorities of Department of Agriculture and Consumer Services not replaced.
This Part shall not repeal or limit the Department of Agriculture's
Agriculture and Consumer Services' authority to carry out labeling
requirements, required butterfat testing, aflatoxin testing, pesticide testing,
other testing performed by the Department of Agriculture and Consumer
Services any other function of the Department of Agriculture and
Consumer Services concerning Grade 'A' milk which is not inconsistent with
this Article."
Section 88. G.S. 136-18.2 reads as rewritten:
"§ 136-18.2. Seed planted by Department of Transportation to be approved by Department of Agriculture.
The Department of Transportation shall not cause any seed to
be planted on or along any highway or road right-of-way unless and until such
seed has been approved by the State Department of Agriculture and
Consumer Services as provided for in the rules and regulations of the
Department of Agriculture and Consumer Services for such seed."
Section 89. G.S. 143-64.5 reads as rewritten:
"§ 143-64.5. Department of Agriculture and Consumer Services exempted from application of Article.
Notwithstanding any provisions or limitations of Part 2 of
this Article, the North Carolina Department of Agriculture and Consumer
Services is authorized and empowered to distribute food, surplus
commodities and agricultural products under contracts and agreements with the
federal government or any of its departments or agencies, and the North
Carolina Department of Agriculture is authorized and empowered to adopt
rules in order to conform with federal requirements and standards for such
distribution and also for the proper distribution of such food, commodities and
agricultural products. To the extent set forth above and in this section, the
provisions of Part 2 of this Article shall not apply to the North Carolina
Department of Agriculture. Agriculture and Consumer Services."
Section 90. G.S. 143-436(b)(1) reads as rewritten:
"(1) One member each representing the North Carolina Department of Agriculture and Consumer Services and two members representing the North Carolina Department of Environment, Health, and Natural Resources, one of whom shall be the State Health Director or his designee and one of whom shall represent an environmental protection agency. The persons so selected may be either members of a policy board or departmental officials or employees."
Section 91. G.S. 143-438 reads as rewritten:
"§ 143-438. Commissioner of Agriculture to administer and enforce Article.
The Commissioner of Agriculture shall have the following powers and duties under this Article:
(1) To administer and enforce the provisions of this Article.
(2) To attend all meetings
of the Pesticide Board, but without power to vote (unless he be designated as
the ex officio member of the Board from the Department of Agriculture). Agriculture
and Consumer Services).
(3) To keep an accurate and complete record of all Board meetings and hearings, and to have legal custody of all books, papers, documents and other records of the Board.
(4) To assign and reassign
the administrative and enforcement duties and functions assigned to him in this
Article to one or more of the divisions and other units within the Department
of Agriculture. Agriculture and Consumer Services."
(5) To direct the work of the personnel employed by the Board and of the personnel of the Department of Agriculture and Consumer Services who have responsibilities concerning the programs set forth in this Article.
(6) To delegate to any division head or other officer or employee of the Department of Agriculture and Consumer Services any of the powers and duties given to the Department by statute or by the rules, regulations and procedures established pursuant to this Article.
(7) To perform such other duties as the Board may from time to time direct."
Section 92. G.S. 143-468 reads as rewritten:
"§ 143-468. Disposition of fees and charges.
(a) Except as provided in subsection (b), all fees and charges received by the Board under this Article shall be credited to the Department of Agriculture and Consumer Services for the purpose of administration and enforcement of this Article.
(b) The Pesticide
Environmental Trust Fund is established as a nonreverting account within the
Department of Agriculture. Agriculture and Consumer Services. The
Department of Agriculture and Consumer Services shall administer the
Fund. The additional assessment imposed by G.S. 143-442(b) on the
registration of a brand or grade of pesticide shall be credited to the
Fund. The Department shall distribute money in the Fund as follows:
(1) Two and one-half percent (2.5%) to North Carolina State University Cooperative Extension Service to enhance its agromedicine efforts in cooperation with East Carolina University School of Medicine.
(2) Two and one-half percent (2.5%) to East Carolina University School of Medicine to enhance its agromedicine efforts in cooperation with North Carolina State University Cooperative Extension Service.
(3) Twenty percent (20%) to North Carolina State University, Department of Toxicology, to establish and maintain an extension agromedicine specialist position.
(4) Seventy-five percent (75%) to the Department of Agriculture and Consumer Services for its environmental programs, as directed by the Board, including establishing a pesticide container management program to enhance its pesticide disposal program and its water quality initiatives."
Section 93. G.S. 143A-11(8) reads as rewritten:
"(8) Department of Agriculture.
Agriculture and Consumer Services."
Section 94. The title to Article 7 of Chapter 143A of the General Statutes reads as rewritten:
"ARTICLE 7.
Department of Agriculture.
Agriculture and Consumer Services."
Section 95. G.S. 143A-56 reads as rewritten:
"§ 143A-56. Creation.
There is hereby created a Department of Agriculture. Agriculture
and Consumer Services. The head of the Department of Agriculture is
the Commissioner of Agriculture."
Section 96. G.S. 143A-58 reads as rewritten:
"§ 143A-58. Commissioner of Agriculture; transfer of powers and duties to Department.
Except as otherwise provided in the Constitution or in this
Chapter, all powers, duties and functions vested by law in the Commissioner of
Agriculture are transferred by a Type I transfer to the Department of Agriculture.
Agriculture and Consumer Services."
Section 97. G.S. 143A-59 reads as rewritten:
"§ 143A-59. Board of Agriculture; transfer.
The Board of Agriculture, as contained in Article 1 of
Chapter 106 of the General Statutes and the laws of this State, is hereby
transferred by a Type II transfer to the Department of Agriculture. Agriculture
and Consumer Services."
Section 98. G.S. 143A-60 reads as rewritten:
"§ 143A-60. Structural Pest Control Division; transfer.
The Structural Pest Control Division of the Department of
Agriculture, as contained in Article 4C of Chapter 106 of the General Statutes
and the laws of this State, is hereby transferred by a Type II transfer to the
Department of Agriculture. Agriculture and Consumer Services."
Section 99. G.S. 143A-61 reads as rewritten:
"§ 143A-61. The North Carolina Agricultural Hall of Fame; transfer.
The North Carolina Agricultural Hall of Fame, as contained in
Article 50B of Chapter 106 of the General Statutes and the laws of this State,
is hereby transferred by a Type I transfer to the Department of Agriculture.
Agriculture and Consumer Services."
Section 100. G.S. 143A-62 reads as rewritten:
"§ 143A-62. Gasoline and Oil Inspection Board; transfer.
The Gasoline and Oil Inspection Board, as contained in
Article 3 of Chapter 119 of the General Statutes and the laws of this State, is
hereby transferred by a Type II transfer to the Department of Agriculture. Agriculture
and Consumer Services."
Section 101. G.S. 143A-63 reads as rewritten:
"§ 143A-63. North Carolina Rural Rehabilitation Corporation; transfer.
The North Carolina Rural Rehabilitation Corporation, and
board of directors, as contained in Chapter 137 of the General Statutes and the
laws of this State, is hereby transferred by a Type II transfer to the
Department of Agriculture. Agriculture and Consumer Services."
Section 102. G.S. 143A-64 reads as rewritten:
"§ 143A-64. North Carolina Board of Crop Seed Improvement; transfer.
The North Carolina Board of Crop Seed Improvement, as
contained in Article 30 of Chapter 106 of the General Statutes and the laws of
this State, is hereby transferred by a Type II transfer to the Department of Agriculture.
Agriculture and Consumer Services."
Section 103. G.S. 143A-65 reads as rewritten:
"§ 143A-65. North Carolina Public Livestock Market Advisory Board; transfer.
The North Carolina Public Livestock Market Advisory Board, as
contained in Article 35 of Chapter 106 of the General Statutes and the laws of
this State, is hereby transferred by a Type I transfer to the Department of Agriculture.
Agriculture and Consumer Services."
Section 104. G.S. 143B-417(1)q. reads as rewritten:
"q. Department of Agriculture and Consumer Services ".
Section 105. G.S. 143B-434(c)(2) reads as rewritten:
"(2) The Department of Agriculture.
Agriculture and Consumer Services."
Section 106. G.S. 148-66 reads as rewritten:
"§ 148-66. Cities and towns and Department of Agriculture and Consumer Services may contract for prison labor.
The corporate authorities of any city or town may contract in writing with the State Department of Correction for the employment of convicts upon the highways or streets of such city or town, and such contracts when so exercised shall be valid and enforceable against such city or town, and the Attorney General may prosecute an action in the Superior Court of Wake County in the name of the State for their enforcement.
The Department of Agriculture and Consumer Services of
the State of North Carolina is hereby authorized and empowered to contract,
in writing, with the State Department of Correction for the employment and use
of convicts under its supervision to be worked on the State test farms and/or
State experimental stations."
Section 107. G.S. 148-67 reads as rewritten:
"§ 148-67.
Hiring to cities and towns and State Department of Agriculture. Agriculture
and Consumer Services.
The State Department of Correction shall in their discretion, upon application to them, hire to the corporate authorities of any city or town for the purposes specified in G.S. 148-66, such convicts as are mentally and physically capable of performing the work or labor contemplated and are not at the time of such application hired or otherwise engaged in labor under the direction of the Department; but the convicts so hired for services shall be fed, clothed and quartered while so employed by the Department.
Upon application to it, it shall be the duty of the State
Department of Correction, in its discretion, to hire to the Department of
Agriculture and Consumer Services of the State of North Carolina for
the purposes of working on the State test farms and/or State experimental
stations, such convicts as may be mentally and physically capable of performing
the work or labor contemplated; but the convicts so hired for services under
this paragraph shall be fed, clothed and quartered while so employed by the
State Department of Correction."
Section 108. G.S. 166A-26(a)(6) reads as rewritten:
"(6) The Department of Agriculture;
Agriculture and Consumer Services;".
Section 109. The Revisor of Statutes shall change all references in the General Statutes from the Department of Agriculture to the Department of Agriculture and Consumer Services.
Section. 110. This act becomes effective 1 July 1997.
In the General Assembly read three times and ratified this the 26th day of June, 1997.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 12:06 p.m. this 1st day of July, 1997