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§ 106-601 – Definitions.

106-601. Definitions. (a) "Cash buyer" means any grain dealer who pays the producer, or his representative at the time of obtaining title, possession or control of grain, the full agreed price of such grain in coin or currency, lawful money of the United States, certified checks, cashier’s checks or drafts issued by a bank. (b) […]

§ 106-602 – License required.

106-602. License required. No person shall act or hold himself out as a grain dealer without first having obtained a license as herein provided. (1973, c. 665, s. 2.)

§ 106-603 – Application for license or renewal thereof.

106-603. Application for license or renewal thereof. Every grain dealer before transacting business within the State of North Carolina shall on or before July 1, 1974, and annually on or before June 15 of each year thereafter, file a written application for a license or for the renewal of a license with the Commissioner. The […]

§ 106-604 – License fee; bond required; exemption.

106-604. License fee; bond required; exemption. All applications shall be accompanied by an initial or renewal license fee of fifty dollars ($50.00) plus thirty dollars ($30.00) per certificate or decal for each separate buying station or truck and a good and sufficient bond in the amount of one hundred thousand dollars ($100,000) to satisfy the […]

§ 106-605 – Execution, terms and form of bond; action on bond.

106-605. Execution, terms and form of bond; action on bond. (a) Such bond shall be signed by the grain dealer and by a company authorized to execute surety bonds in North Carolina and shall be made payable to the State of North Carolina. The bond shall be conditioned on the grain dealer’s faithful performance of […]

§ 106-606 – Posting of license; decal on truck, etc.

106-606. Posting of license; decal on truck, etc. The grain dealer license shall be posted in a conspicuous place in the place of business. In the case of a licensee operating a truck or tractor-trailer unit, the licensee is required to have a decal that the license is in effect and that a bond has […]

§ 106-607 – Renewal of license.

106-607. Renewal of license. Licenses shall be renewed upon application and payment of renewal fees on or before the fifteenth day of June following the date of expiration of any license hereunder issued. Applications received after June 15 of any year shall be subject to a late filing fee of twenty dollars ($20.00) in addition […]

§ 106-608 – Disposition of fees.

106-608. Disposition of fees. All fees payable under this Article shall be collected by the North Carolina Department of Agriculture and Consumer Services for the administration of this Article. (1973, c. 665, s. 8; 1997-261, s. 109.)

§ 106-609 – Records to be kept by dealers; uniform scale ticket.

106-609. Records to be kept by dealers; uniform scale ticket. It shall be the duty of every person doing business as a grain dealer in this State to keep records of grain transactions for reasonable periods of time and in accordance with good business practices. The Board of Agriculture may, by regulation, require the use […]

§ 106-610 – Grounds for refusal, suspension or revocation of license.

106-610. Grounds for refusal, suspension or revocation of license. The Commissioner may refuse to grant or renew any license, may suspend or may revoke any license upon a showing by substantial and competent evidence of any of the following: (1) The dealer has suffered a final money judgment to be entered against him and such […]

§ 106-612 – Commissioner's authority to investigate.

106-612. Commissioner’s authority to investigate. In furtherance of any such investigation, inspection or hearing, the Commissioner or his duly authorized agent shall have full authority to make any and all necessary investigations relative to the complaint or matter being investigated; and they shall have free and unimpeded access during normal business hours to all buildings, […]

§ 106-613 – Rules and regulations.

106-613. Rules and regulations. The Board of Agriculture may adopt such rules and regulations as may be necessary to carry out the administration and enforcement of this Article. (1973, c. 665, s. 13.)

§ 106-614 – Violation a misdemeanor.

106-614. Violation a misdemeanor. Any person who violates any provision of this Article or any rule or regulation of the Board of Agriculture promulgated hereunder shall be guilty of a Class 2 misdemeanor. In case of a continuing violation or violations, each day and each violation occurring constitutes a separate and distinct offense. (1973, c. […]

§ 106-615 – Operation without license unlawful; injunction for violation.

106-615. Operation without license unlawful; injunction for violation. It shall be unlawful for any person to be a grain dealer without securing a license as herein provided. In addition to the criminal penalties provided for herein, the Commissioner of Agriculture may apply to any superior court judge and the court may temporarily restrain or preliminarily […]