§ 106-50.28 – Short title.
106-50.28. Short title. This Article shall be known as the North Carolina Soil Additives Act of 1977. (1977, c. 233, s. 1.)
§ 106-50.29 – Administration of Article.
106-50.29. Administration of Article. This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina. (1977, c. 233, s. 2.)
§ 106-50.30 – Definitions.
106-50.30. Definitions. Words used in this Article shall be defined as follows: (1) "Adulterated" means any soil additive: a. Which contains any deleterious substance in sufficient quantity to be injurious to desirable terrestrial or aquatic organisms when applied in accordance with the directions for use shown on the label; or b. Whose composition differs from […]
§ 106-50.31 – Registration of additives.
106-50.31. Registration of additives. Every soil additive distributed in North Carolina shall be registered with the Commissioner by the person whose name appears on the label on forms furnished by the Commissioner. The applicant shall furnish such information as the Commissioner may require. In determining the acceptability of any product for registration, the Commissioner may […]
§ 106-50.32 – Labeling of containers.
106-50.32. Labeling of containers. Every soil additive container shall be labeled on the face or display side in readable and conspicuous form showing: (1) The product name; (2) The guaranteed analysis; (3) A statement of claim or purpose; (4) Adequate directions for use; (5) Net weight or volume; (6) Name and address of registrant. (1977, […]
§ 106-50.33 – When additive considered misbranded.
106-50.33. When additive considered misbranded. A soil additive shall be considered misbranded if: (1) Its label or labeling is false or misleading in any particular; (2) It is distributed under the name of another soil additive; (3) It is represented as a soil additive or is represented to contain a soil additive unless such soil […]
§ 106-50.34 – Records and reports of registrants.
106-50.34. Records and reports of registrants. Each registrant shall keep accurate records of his sales, and shall file a semiannual report covering the periods January 1 through June 30, and July 1 through December 31. Such reports shall be due within 30 days from the close of each period. If the report is not filed […]
§ 106-50.35 – Violations of Article.
106-50.35. Violations of Article. It shall be a violation of this Article for any person: (1) To distribute an unregistered soil additive; (2) To distribute an unlabeled soil additive; (3) To distribute a misbranded soil additive; (4) To distribute an "adulterated" soil additive; (5) To fail to comply with a "stop sale, use or removal" […]
§ 106-50.36 – Inspection and sampling of additives.
106-50.36. Inspection and sampling of additives. The Commissioner is authorized to enter upon any public or private property with permission or with a proper court order during normal business hours for the purpose of inspecting or sampling any soil additive to determine if such additive is being distributed in compliance with the provisions of this […]
§ 106-50.37 – Stop sale, etc., orders.
106-50.37. Stop sale, etc., orders. The Commissioner may issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of soil additive, and hold at a designated place, any such lot of soil additive which the Commissioner determines does not comply with the provisions of […]
§ 106-50.38 – Injunctions.
106-50.38. Injunctions. The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Article or regulations adopted hereunder, in the Superior Court of Wake County, or in the superior court of the county in which such violation occurs or is about to occur. (1977, c. 233, s. 11.)
§ 106-50.39 – Refusal or revocation of registration.
106-50.39. Refusal or revocation of registration. The Commissioner shall refuse to register any soil additive which fails to comply with the provisions of this Article, and may revoke, after opportunity for a hearing, any registration, upon sufficient evidence that the registrant or any of his designated agents has used misleading, fraudulent, or deceptive practices in […]
§ 106-50.40 – Rules and regulations.
106-50.40. Rules and regulations. The Board of Agriculture is authorized to promulgate and adopt, pursuant to Chapter 150B of the General Statutes of North Carolina, such rules and regulations as may be necessary to enforce the provisions of this Article. Such regulations may relate to, but shall not be limited to: (1) Methods of inspection […]
§ 106-50.41 – Penalties.
106-50.41. Penalties. Any person violating the provisions of this Article or the regulations adopted thereunder, shall be guilty of a Class 2 misdemeanor. In addition, if any person continues to violate or further violates any provision of this Article after written notice from the Commissioner each day during which the violation continued or is repeated […]