GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 588

HOUSE BILL 464

 

AN ACT TO MODIFY THE FEES PAYABLE BY SEED GROWERS AND DEALERS, TO AUTHORIZE THE BOARD OF AGRICULTURE TO ISSUE A STOP-SALE ORDER WHEN A DEALER OR GROWER FAILS TO PAY THE SEED FEE, AND TO ELIMINATE THE REQUIREMENT THAT A SEED DEALER OR GROWER FURNISH A BOND.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 106-277.28, as amended by Chapter 98 of the 1991 Session Laws, reads as rewritten:

"§ 106-277.28. Fees for tags, stamps and licenses. License and inspection fees.

For the purpose of providing a fund to defray the expense of inspection, examination, analyses and analysis of seeds and the enforcement of the provisions of the this 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 stamp on the seedman's label) to each container holding 10 pounds or more of seed; provided, however, that a seed dealer or grower who sells only seed lots originated by his company may request to pay these applicable fees through the reporting system prescribed in subdivision (3) hereof; provided, further, that this subdivision 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, distributing, offering, or exposing for sale in, or exporting from, this State who offers for sale any agricultural, vegetable, or lawn or turf seeds for seeding purposes shall register with the Commissioner and shall obtain an annual license, for each location where activities are conducted, by January 1 of each year and shall pay for such license as follows: the following license fee:

a.         Wholesale or combined wholesale and retail

........... seed dealer.................................................................................. $100.00

b.         Retail seed dealer with sales of no

........... more than $500.00........................................................................... 5.00

c.         Retail seed dealer with sales of more

........... than $500.00 but no more than $1,000........................................ 15.00

d.         Retail seed dealer with sales of more

........... than $1,000..................................................................................... 25.00.

(3)       A seed Each seed dealer or grower who sells only seed lots originated by his company may request of  the Commissioner of Agriculture authority to 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 sold and to pay the fees pay an inspection fee of two cents (2¢) for each applicable under G.S. 106-277.28(1) in lieu of attaching an official North Carolina tag or stamp to each container of seeds weighing 10 pounds or more.  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.

                  Upon granting authority, the Commissioner of Agriculture shall require each Each seed dealer or grower to shall keep such accurate records as may be necessary to indicate accurately of the quantity of seeds and container weights sold from each distribution point in the State.  Such These records shall be available to the Commissioner or his duly an authorized representative of the Commissioner at any and all reasonable hours for the purpose of making such examination as is necessary to verify verifying the quantity of seed sold 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 sold. The reports shall be made on the first day of January, April, July, and October, or within 10 days thereafter, and the inspection fee shall be due and payable with the report. If the report is not filed and the inspection fee paid to the Department of Agriculture by the tenth day following the date due, or if the report of the quantity or container weights be is false, the Commissioner may revoke the authority to use the reporting system. issue a stop-sale order for all seed offered for sale by the dealer or grower. If the inspection fee is 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 fee due."

Sec. 2.  This act becomes effective July 1, 1992.

In the General Assembly read three times and ratified this the 8th day of July, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives