NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 961

HOUSE BILL 919

AN ACT TO AMEND THE NORTH CAROLINA FEED LAW OF 1973 TO EXEMPT CERTAIN MANUFACTURERS OF COMMERCIAL FEED FROM THE INSPECTION FEE.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 106-284.33 is hereby amended by adding a subsection (24) to read as follows:

"The term 'contract feeder' means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract between that person and a manufacturer of commercial feeds whereby such commercial feed is supplied, furnished, or otherwise provided to such person by the said manufacturer and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product produced by the independent contractor."

Sec. 2.  G.S. 106-284.40(b) is hereby amended by adding a subsection (6) to read as follows:

"Manufacturers of commercial feeds may appear before the board, and after finding there exists a contract feeder relationship between a manufacturer of commercial feeds and an independent contractor, the board may issue annual numbered permits exempting that manufacturer of commercial feed from paying the inspection fee assessed by the provisions of this law for that feed delivered to the contract feeder. The manufacturer of ingredients who sells such ingredients to manufacturers of commercial feeds under this subsection shall have in his possession the exemption number of the permit referred to in G.S. 106-284.34(b) and/or the permit issued by the board under this subsection before the supplier may be relieved of the responsibility for payment of the inspection fee.

The holder of said permit may voluntarily return said permit to the commissioner for cancellation at which time said holder may not apply for or receive another exemption permit under this subsection for a period of 12 months. The exemption permits under this subsection shall be renewable automatically every year by the board without additional findings of fact unless it is brought to the board's attention by the commissioner or his duly designated officer or employee that there no longer exists the relationship of a contract feeder between the manufacturer of commercial feeds and an independent contractor. In the event the commissioner or his duly designated officer or employee notifies the board when the permit is to be automatically renewed or anytime the permit is in effect, that there no longer exists a contract feeder relationship for the permit holder, the board shall determine the veracity of the notification and revoke said permit if the facts are found to be true by the board.

Commercial feeds exempt from inspection fees under this subsection shall not be subject to sampling and analysis other than as may be necessary to determine compliance with Good Manufacturing Practice Regulations pertaining to medicated animal feed and medicated feed premixes established under G.S. 106-284.38(d) of this law."

Sec. 3.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 26th day of June, 1975.