NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 799

HOUSE BILL 387

 

 

AN ACT TO AMEND VARIOUS SECTIONS OF ARTICLE 9, CHAPTER 106 OF THE GENERAL STATUTES OF NORTH CAROLINA, RELATING TO INSPECTION FEES ON COMMERCIAL FEEDING STUFFS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 9, Chapter 106 of the General Statutes of North Carolina, is hereby amended by adding a new Section at the beginning to be designated as G.S. 106-93 and to read as follows:

"§ 106-93.  Purpose. The purpose of this Article is to protect a farmer-buyer from the manufacturer-seller of concentrated, commercial feeds who might sell substandard or mislabeled feed stuff, and not to protect from himself a farmer who mixes his own feed."

Sec. 2.  G.S. 106-93, as the same appears in the General Statutes of North Carolina, is hereby amended by designating said Section as G.S. 106-93.1, and is further amended by inserting the words "or distributed" immediately following the word "sale" and immediately preceding the word "within" in line 2.

Sec. 3.  G.S. 106-95.1, as the same appears in the General Statutes of North Carolina, is hereby rewritten to read as follows:

"§ 106-95.1.  Customer Formula Feed. A 'customer formula feed' is a feed, each batch of which is mixed according to the formula of the customer, furnished in writing over the signature of the customer or his designated agent, not to be stocked or displayed in sales areas and not to be sold commercially by any person, firm or corporation in the course of his or its regular business."

Sec. 4.  G.S. 106-96, as the same appears in the General Statutes of North Carolina, is hereby amended by inserting the words "or distributing" immediately following the word "sale" and immediately preceding the word "in" in line 2.

Sec. 5.  G.S. 106-99, as the same appears in the General Statutes of North Carolina, is hereby rewritten to read as follows:

"§ 106-99.  Inspection Fee on Commercial Feeding Stuffs. Each and every manufacturer, importer, jobber, agent, seller, or distributor of any concentrated commercial feeding stuffs, as denned in this Article, shall pay to the Commissioner of Agriculture an inspection fee of twelve cents (12˘) per ton for each ton of such commercial feeding stuffs sold, offered or exposed for sale or distributed in this State. This shall apply to all commercial feeding stuffs furnished, supplied or used, for the growing or feeding under contract or agreement, of livestock, domestic animals and poultry, and shall also apply to any feeding stuffs which are produced by the purchase of grain or other materials and the grinding and mixing of same with concentrated commercial feeding stuffs being used as a supplement or base. The requirements of this Section, however, are subject to the following conditions:

(1)        If the concentrated commercial feeding stuffs, used as a supplement or a base, has already been assessed under this Article and the inspection fee paid, then the amount paid shall be deducted from the gross amount of fee due on the total feeding stuffs produced.

(2)        Only concentrates and so-called mineral feeds used in manufacturing customer formula feed shall be subject to the inspection fee as provided in this Article.

(3)        Whenever any concentrated commercial feeding stuff is kept for sale in bulk, stored in bins or otherwise, the manufacturer, dealer, jobber, or importer keeping the same for sale shall keep on hand cards of proper size, upon which the statement required in § 106-93.1 is plainly printed; and if the feeding stuff is sold at retail in bulk, or if it is put up in packages belonging to the purchaser, the manufacturer, dealer, jobber, or importer shall furnish the purchaser with one of said cards upon which is or are printed the statement or statements described in this Section, except that 'customer formula feed' shall be labeled by invoice as follows:

      The invoice, which is to accompany delivery and be supplied to the customer at the time of delivery, shall bear the following information:

1.         Name and address of the manufacturer.

2.         Name and address of the customer.

3.         Date of sale.

4.         The product name and brand, if any, and number of pounds of each registered commercial feed used in the mixture and the name and number of pounds of each other feed ingredient added; unless the invoice carries a code which identifies a formula on file with the manufacturer.

      If a customer formula feed contains a non-nutritive substance which is used or intended for use in the diagnosis, cure mitigation, treatment or prevention of disease or which is intended to affect the structure or any function of the animal body, the invoice shall show the amount present, directions for use, and/or warnings against misuse of the feed.

(4)        Manufacturers of registered feeds may apply for, and the Commissioner in his discretion may issue, numbered permits authorizing manufacturers of registered feeds to purchase commercial feeding stuffs, as defined in G.S. 106-95, and the responsibility for the payment of the inspection fee assessed by the provisions of this Article will be assumed by the purchaser to whom such permit has been issued. The Commissioner may in his discretion, and without notice, cancel any permit issued under the provisions of this Section.

      The use of permits issued under the provisions of this Section shall be governed by rules and regulations promulgated by the Commissioner."

Sec. 6.  G.S. 106-99.1, as the same appears in the 1963 Cumulative Supplement to Volume 3A of the General Statutes, is hereby amended by striking the words and figures "tax of twenty-five cents (25˘)" immediately following the word "inspection" in line 5 and immediately preceding the word "per" in line 6, and inserting the words and figures "fee of twelve cents (12˘)".

Sec. 7.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 3rd day of June, 1965.