§ 106-549.49 – Short title.
106-549.49. Short title. This Article shall be designated as the North Carolina Poultry Products Inspection Act. (1971, c. 677, s. 1.)
106-549.49. Short title. This Article shall be designated as the North Carolina Poultry Products Inspection Act. (1971, c. 677, s. 1.)
106-549.50. Purpose and policy. (a) Poultry and poultry products are an important source of the nation’s total supply of food. It is essential in the public interest that the health and welfare of consumers be protected by assuring that slaughtered poultry and poultry products distributed to them are wholesome, not adulterated, and properly marked, labeled, […]
106-549.51. Definitions. For purposes of this Article, the following terms shall have the meanings stated below: (1) "Adulterated" shall apply to any poultry product under one or more of the following circumstances: a. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance […]
106-549.52. State and federal cooperation. (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 […]
106-549.53. Inspection; condemnation of adulterated poultry. (a) For the purpose of preventing the entry into or flow or movement in intrastate commerce of any poultry product which is capable of use as human food and is adulterated, the Commissioner shall, where and to the extent considered by him necessary, cause to be made by inspectors […]
106-549.54. Sanitation of premises; regulations. (a) Each official establishment slaughtering poultry or processing poultry products solely for intrastate commerce shall have such premises, facilities, and equipment, and be operated in accordance with such sanitary practices, as are required by regulations promulgated by the Board for the purpose of preventing the entry into or flow or […]
106-549.55. Labeling standards; false and misleading labels. (a) All poultry products inspected at any official establishment under the authority of this Article and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate containers as the Commissioner may require, the information […]
106-549.56. Prohibited acts. (a) No person shall: (1) Slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles solely for intrastate commerce, except in compliance with the requirements of this Article; (2) Sell, transport, offer for sale or transportation, or receive for […]
106-549.57. No poultry in violation of Article processed. No establishment processing poultry or poultry products solely for intrastate commerce shall process any poultry or poultry product capable of use as human food except in compliance with the requirements of this Article. (1971, c. 677, s. 10.)
106-549.58. Poultry not for human consumption; records; registration. (a) Inspection shall not be provided under this Article at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry, which are not intended for use as human food, but such articles shall, prior to their offer for […]
106-549.59. Punishment for violations; carriers exempt; interference with enforcement. (a) Any person who violates the provisions of G.S. 106-549.56, 106-549.57, 106-549.58 or 106-549.61 is guilty of a Class 1 misdemeanor; but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated (except as defined in G.S. […]
106-549.60. Notice of violation. Before any violation of this Article is reported by the Commissioner to any North Carolina district attorney for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with […]
106-549.61. Regulations authorized. (a) The Commissioner may by regulations prescribe conditions under which poultry products capable of use as human food shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for intrastate commerce, such articles, whenever the Commissioner deems such action necessary […]
106-549.62. Intrastate operations exemptions. (a) The Board shall, by regulation and under such conditions, including requirements, as to sanitary standards, practices, and procedures as it may prescribe, exempt from specific provisions of this Article with respect to processing of poultry or poultry products solely for intrastate commerce and distribution of poultry or poultry products only […]
106-549.63. Commissioner may limit entry of products to establishments. The Commissioner may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this Article. (1971, […]
106-549.64. Refusal of inspection services; hearing; appeal. (a) The Commissioner may (for such period, or indefinitely, as he deems necessary to effectuate the purposes of this Article) refuse to provide, or withdraw, inspection service under this Article with respect to any establishment if he determines that such applicant or recipient is unfit to engage in […]
106-549.65. Product detained if in violation. Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled, or diseased poultry is found by any inspector of the Meat and Poultry Inspection Service of the Department of Agriculture and Consumer Services upon any premises where it is […]
106-549.66. Seizure or condemnation proceedings. (a) Any poultry product, or any dead, dying, or disabled, or diseased poultry, that is being transported in intrastate commerce, subject to this Article, or is held for sale in this State after such transportation, and that (1) Is or has been processed, sold, transported, or otherwise distributed or offered […]
106-549.67. Superior court jurisdiction; proceedings in name of State. The superior court is vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Article, and shall have jurisdiction in all other kinds of cases arising under this Article. All proceedings for the enforcement or to restrain violations of this Article shall […]
106-549.68. Powers of Commissioner; subpoenas; mandamus; self-incrimination; penalties. (a) The Commissioner shall also have power: (1) To gather and compile information concerning and, to investigate from time to time the organization, business, conduct, practices, and management of any person engaged in intrastate commerce, and the relation thereof to other persons; (2) To require, by general […]