GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-455
HOUSE BILL 1103
AN ACT to update the seed law and to increase fees for seed dealer licenses.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 106-277 reads as rewritten:
"§ 106-277. Purpose.
The purpose of this Article is to regulate the labeling,
possessing for sale, sale and offering or exposing for sale or otherwise
providing for planting purposes of agricultural seeds,seeds and
vegetable seeds and screenings; seeds; to prevent
misrepresentation thereof; and for other purposes."
SECTION 2. G.S. 106-277.2 reads as rewritten:
"§ 106-277.2. Definitions.
As used in this Article, unless the context clearly requires otherwise:
…
(7a) The term "conditioning" means cleaning, scarifying, or blending to obtain uniform quality and other operations that would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind, or kind and variety, without cleaning, or preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed.
…
(21) The term "North
Carolina seed analysis tag" shall meanmeans the tag designed
and prescribed by the Commissioner as the official North Carolina seed analysis
tag, said tag to be purchased from the Commissioner. tag.
…
(27) The term
"processing" means cleaning, scarifying or blending to obtain uniform
quality and other operations which would change the purity or germination of
the seed and therefore require retesting to determine the quality of the seed,
but does not include operations such as packaging, labeling, blending together
of uniform lots of the same kind or kind and variety without cleaning, or
preparation of a mixture without cleaning, any of which would not require
retesting to determine the quality of the seed.
…
(31) The term
"screenings" includes seed, inert matter and other materials removed
from agricultural or vegetable seed by cleaning or processing.
.…"
SECTION 3. G.S. 106-277.5(2) reads as rewritten:
"(2) Lot number or other
lot identification."
SECTION 4. G.S. 106-277.6 reads as rewritten:
"§ 106-277.6. Labels for vegetable seeds in containers of one pound or less.
Labels for vegetable seeds in containers of one pound or less shall show the following information:
(1) Name of kind and variety of seed.
(2) Origin,
for pepper seed in containers of one ounce or more. If unknown, so stated.
(2a) Lot identification.
(3) The
year for which the seed is packed, provided the words "packed for"
shall precede the year, or the percentage of germination, month and year
tested.
(3a) One of the following, as applicable:
a. The statement "Packed for (year)" or "Sell by (year)."
b. The statement "Sell by (month) (year)" where the month and year in which the germination test was complete is no more than 12 months from the date of the test, exclusive of the month and year of the test.
c. The percentage germination and the calendar month and year that the test was completed to determine the percentage, provided that the germination test was completed within 12 months, exclusive of the month and year of the test.
.…"
SECTION 5. G.S. 106-277.7 reads as rewritten:
"§ 106-277.7. Labels for vegetable seeds in containers of more than one pound.
Vegetable seeds in containers of more than one pound shall be labeled to show the following information:
(1) The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance.
(2) Lot number or
other lot identification.
(3) Origin,
for snap bean and pepper seed only. If unknown, so stated.
.…"
SECTION 6. G.S. 106-277.9 reads as rewritten:
"§ 106-277.9. Prohibitions.
It shall be unlawful for any person:
(1) To transport, to offer for transportation, to sell, distribute, offer for sale or expose for sale within this State agricultural or vegetable seeds for seeding purposes:
a. Unless a seed license has been obtained in accordance with the provisions of this Article.
b. Unless the
test to determine the percentage of germination required by G.S. 106-277.5
through 106-277.7 shall have been completed (i) on agricultural seed
within a nine-month period, exclusive of the calendar month in which the test
was completed, (ii) on cool season lawn seeds and mixtures of cool season
lawn seeds, including, but not limited to, Kentucky bluegrass, red fescue,
chewings fescue, hard fescue, tall fescue, perennial ryegrass, intermediate
ryegrass, annual ryegrass, colonial bent grass, and creeping bent grass, within
a 15-month period, exclusive of the calendar month in which the test was
completed, and (iii) on vegetable seed within a 12-month period, exclusive of
the calendar month in which the test was completed, immediately prior to
sale, exposure for sale, or offering for sale or transportation; provided, the
North Carolina Board of Agriculture may adopt after a public hearing,
following public notice, rules and regulations to designate a longer
period for any kind of agricultural or vegetable seed which is packaged in such
container materials (hermetically sealed), and under such other conditions
prescribed, that will, during such longer period, maintain the viability of
said seed under ordinary conditions of handling.
…
i.
Pepper seed in containers holding one ounce or more of seed, unless treated
in accordance with a procedure approved by the North Carolina Commissioner of
Agriculture and labeled to reflect the procedure used.
…
(2) To transport,
offer for transportation, sell, offer for sale sale, or expose
for sale seeds, whole grain and screenings not for seeding purposes
unless labeled "not for seeding purposes."
(3) To detach,
alter, deface deface, or destroy any label provided for in this
Article or the rules and regulations promulgated hereunder, or to alter or
substitute seed in any manner that defeats the purposes of this Article.
(4) To disseminate
false or misleading advertisement in any manner concerning agricultural seeds,
seeds or vegetable seeds or screenings. seeds.
.…"
SECTION 7. G.S. 106-277.10(c)(1) reads as rewritten:
"(c) The label requirements for peanuts, cotton and tobacco seed may be limited to:
(1) Lot number or
other identification."
SECTION 8. G.S. 106-277.10(d) reads as rewritten:
"(d) The provisions of G.S. 106-277.3 through 106-277.7 do not apply:
(1) To seed or grain sold or represented to be sold for purposes other than for seeding provided that said seed is labeled "not for seeding purposes" and that the vendor shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes.
(2) To seed for processing
conditioning when consigned to, being transported to or stored in an
approved processing conditioning establishment, provided that the
invoice or labeling accompanying said seed bears the statement "seed for processing"
conditioning" and provided further that other labeling or
representation which may be made with respect to the unlearned or unprocessed
unconditioned seed shall be subject to this Article.
(3) To seed sold by
a farmer grower to a seed dealer or processor, conditioner, or to
seed in storage in or consigned to a seed-cleaning or processing conditioning
plant; provided that any labeling or other representation which may be made
with respect to the unlearned or unprocessed unconditioned seed
shall be subject to this Article.
(4) To any carrier
in respect to any seed or screenings transported or delivered for
transportation in the ordinary course of its business as a carrier; provided
that such carrier is not engaged in producing, processing conditioning,
or marketing agricultural or vegetable seeds or screenings subject to
provisions of this Article."
SECTION 9. G.S. 106-277.23 reads as rewritten:
"§ 106-277.23. Notice of violations; hearings, prosecutions or warnings.
It shall be the duty of the Commissioner to give notice of
every violation of the provisions of this Article with respect to agricultural
or vegetable seeds, or mixtures of such seeds, or screenings to
the person in whose hands such seeds or screenings are found, and to
send copies of such notice to the shipper of such seed or screenings and
to the person whose "analysis tag or label" is attached to the container
of such seeds or screenings, seeds, in which notice he the
Commissioner may designate a time and place for a hearing. The person or
persons involved shall have the right to introduce evidence either in person or
by agent or attorney. If, after hearing, or without such hearing in the event
the person fails or refuses to appeal, the Commissioner is of the opinion that
the evidence warrants prosecution he may institute proceedings in a court of
competent jurisdiction in the locality which the violation occurred or, if he
believes the public interest will be adequately served thereby, he may direct
to the alleged violator a suitable written notice or warning."
SECTION 10. G.S. 106-277.25 reads as rewritten:
"§ 106-277.25. Seizure and disposition of seeds violating Article.
Any lot of agricultural or vegetable seeds, mixtures of such
seeds or screenings being sold, exposed for sale, offered for sale or
held with intent to sell in this State contrary to the provisions of this
Article shall be subject to seizure on complaint of the Commissioner to the
resident judge of the superior court in the county in which the seeds, seeds
or mixtures of such seeds or screenings are located. In the event
the court finds the seeds or screenings to be in violation of the
provisions of this Article and orders the condemnation thereof, such seeds or
screenings shall be denatured, processed, destroyed, relabeled, or
otherwise disposed of in compliance with the laws of this State; provided that
in no instance shall such disposition be ordered by the court without first
having given the claimant an opportunity to apply to the court for the release
of the seeds, mixtures of such seeds or screenings with
permission to process or relabel to bring them into compliance with the
provisions of this Article."
SECTION 11. G.S. 106-277.28(2) reads as rewritten:
"(2) Each seed dealer who offers for sale any agricultural, vegetable, or lawn or turf seeds for seeding purposes shall register with the Commissioner and shall obtain an annual license, for each location where activities are conducted, by January 1 of each year and shall pay the following license fee:
a. Wholesale or combined wholesale and retail
........... seed dealer...........................................................................
$100.00 $125.00
b. Retail seed
dealer with sales of no more than
........... $500.00.....................................................................................
5.00
c. Retail
seed dealer with sales of more than
........... $500.00 but no more than
$1,000............................................. 15.00
d. Retail
seed dealer with sales of more than
........... $1,000.....................................................................................
25.00. $30.00."
SECTION 12. This act becomes effective October 1, 2009.
In the General Assembly read three times and ratified this the 30th day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 12:20 p.m. this 7th day of August, 2009