§ 106-92.1 – Title of Article.
106-92.1. Title of Article. This Article shall be known as the North Carolina Agricultural Liming Materials and Landplaster Act. (1979, c. 590.)
§ 106-92.10 – Inspection, sampling, analysis.
106-92.10. Inspection, sampling, analysis. (a) It shall be the duty of the Commissioner to sample, inspect, make analysis of, and test agricultural liming materials and landplaster distributed within this State as he may deem necessary to determine if such materials are in compliance with the provisions of this Article. The Commissioner is authorized to enter […]
§ 106-92.11 – Deficienciesrefunds to consumer.
106-92.11. Deficiencies: refunds to consumer. Should any of the agricultural liming and landplaster materials defined in this Article be found to be deficient in the components claimed by the manufacturer or registrant thereof, said manufacturer or registrant, upon official notification to [of] such deficiency by the Commissioner of Agriculture, shall, within 90 days, make refunds […]
§ 106-92.12 – "Stop sale" orders.
106-92.12. "Stop sale" 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 agricultural liming material or landplaster at a designated place when the Commissioner finds said material is being offered or exposed for sale in violation of any […]
§ 106-92.13 – Appeals from assessments and orders of Commissioner.
106-92.13. Appeals from assessments and orders of Commissioner. Nothing in this Article shall prevent any person from appealing to a court of competent jurisdiction from any assessment of penalty or other final order or ruling of the Commissioner or Board of Agriculture. (1979, c. 590.)
§ 106-92.14 – Penalties for violations of this Article.
106-92.14. Penalties for violations of this Article. Any person convicted of violating any provision of this Article or the rules and regulations promulgated thereunder shall be guilty of a Class 3 misdemeanor and fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000) in the discretion of the court. Nothing […]
§ 106-92.15 – Declaration of policy.
106-92.15. Declaration of policy. The General Assembly hereby finds and declares that it is in the public interest that the State regulate the activities of those persons engaged in the business of preparing, or manufacturing agricultural liming material and landplaster in order to insure the manufacturer, distributor, and consumer of the correct quantity and quality […]
§ 106-92.16 – Authority of Board of Agriculture to make rules and regulations.
106-92.16. Authority of Board of Agriculture to make rules and regulations. Because legislation with regard to agricultural liming material and landplaster sold or offered for sale in this State must be adopted (adapted) to complex conditions and standards involving numerous details with which the General Assembly cannot deal directly and in order to effectuate the […]
§ 106-92.17 – Lime and fertilizer mixtures.
106-92.17. Lime and fertilizer mixtures. The provisions of this Article shall apply to mixtures of agricultural liming material and fertilizer, except as follows: (1) Such mixtures shall meet the labeling requirements of G.S. 106-92.5(a) in addition to providing information including, but not limited to, a guaranteed analysis of the fertilizer element or plant nutrient; (2) […]
§ 106-92.2 – Purpose of Article.
106-92.2. Purpose of Article. The purpose of this Article shall be to assure the manufacturer, distributor, and consumer of the correct quality and quantity of all agricultural liming materials and landplaster sold in this State. (1979, c. 590.)
§ 106-92.3 – Definitions of terms.
106-92.3. Definitions of terms. For the purpose of this Article: (1) "Agricultural liming materials" means oxides, hydroxides, silicates or carbonates of calcium and/or magnesium compounds capable of neutralizing soil acidity. (1a) "Agricultural liming material and fertilizer mixture" means any agricultural liming material combined with a single fertilizer element or single plant nutrient. (2) "Brand" means […]
§ 106-92.4 – Enforcing official.
106-92.4. Enforcing official. This Article shall be administered by the Commissioner of Agriculture of the State of North Carolina, or his authorized agent, hereinafter referred to as the "Commissioner." (1979, c. 590.)
§ 106-92.5 – Labeling.
106-92.5. Labeling. (a) Agricultural liming materials sold, offered for sale or distributed in the State shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the […]
§ 106-92.6 – Prohibited acts.
106-92.6. Prohibited acts. (a) Agricultural liming material or landplaster shall not be sold or offered for sale or distributed in this State unless it complies with provisions of this law or regulations. (b) Agricultural liming material or landplaster shall not be sold or offered for sale in this State which contains toxic materials in quantities […]
§ 106-92.7 – Registration of brands.
106-92.7. Registration of brands. (a) Each separately identified product shall be registered before being sold, offered for sale, or distributed in this State. Registration fee shall be twenty-five dollars ($25.00) for each separately identified product in packages of 10 pounds or less. For each other separately identified product registration fee shall be five dollars ($5.00). […]
§ 106-92.8 – Tonnage feesreporting system.
106-92.8. Tonnage fees: reporting system. For the purpose of defraying expenses connected with the registration, inspection and analysis of the materials coming under this Article, each manufacturer or registrant shall pay to the Department of Agriculture and Consumer Services tonnage fees in addition to registration fees as follows: for agricultural liming material, fifty cents (50 […]
§ 106-92.9 – Report of tonnage.
106-92.9. Report of tonnage. (a) Within 30 days following the expiration of registration each registrant shall submit on a form furnished or approved by the Commissioner an annual statement, setting forth by counties, the number of net tons of each agricultural liming material and landplaster sold by him for use in the State during the […]