NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 637
SENATE BILL 570

AN ACT AMENDING ARTICLE 31 OF CHAPTER 106 OF THE GENERAL STATUTES, THE NORTH CAROLINA SEED LAW.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 106-277.2 is amended as follows: 1. By rewriting subdivision (6) as follows:
"(6)	The term 'code designation' means a series of numbers or letters approved by the United States Department of Agriculture and used in lieu of the full name and address of the person who labels seeds, as required m this Article in Section 106-277.5(10)." 
2.	By rewriting subdivision (23) as follows:
"(23)	The term 'official certifying agency' means a. an agency authorized under the laws of a state territory, or possession to officially certify seed which has stands and procedures approved by the U. S. Secretary of Agriculture to assure the genetic purity and identity of the seed certified, or b. an agency of a foreign country determined by the U. S. Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies under a."
3.	By striking the words and figure "Dixie 82 Corn" in line 4 of subdivision (36).
4.	By adding a subdivision (40) as follows:
"(40)	Blend ‑ A mechanical combination of varieties identified by a blend designation in which each component variety is equal to or above the minimum standard germination for its class; which is always present in the same percentage in each lot identified by the same 'blend' designation; and for which research data supports an advantage of the 'blend' over the singular use of either component variety. 'Blend' designations shall be treated as variety names.
5.	By adding a subdivision (41) as follows:
"(41)	Brand ‑ an identifying numeral, letter, word, or any combination of these, used with the word 'brand' to designate source of seeds
Sec. 2.  G.S. 106-277.4 is amended by adding at the end of subsection (a) the following subdivision (4):
"(4)	All seeds treated with a poisonous substance, if the amount remaining with the seed is in excess of a tolerance recognized by the U. S. Department of Agriculture, or treatment for which no tolerance or exemption from tolerance is recognized by the U. S. Department of Agriculture, shall be conspicuously colored to prevent their subsequent inadvertent use for purposes other than for seeding."
Sec. 3.  G.S. 106-277.5 is amended as follows:
1.	By rewriting subdivision (1) as follows:
"(1)	The commonly accepted name of the kind and the variety, or kind and the phrase 'variety not stated' for each agricultural seed component, in excess of five per cent (5%) of the whole, and the percentage by weight of each in order of its predominance. When more than one component is required to be named, the word 'mixture' or the word 'mixed' shall be shown conspicuously on the label. Second Generation from Hybrid seeds, if sold, shall be labeled 'Second Generation (of the parent), variety not stated'. 'F' designations on labels, unless used as a part of a variety name, will refer only to size and shape of corn seeds." 
2.	By rewriting subdivision (10) as follows:
"(10)	Name and address of person who labeled said seed or who sells, offers or exposes said seed for sale within this State. If the seeds are labeled by the shipper for a consignee within this State, the shipper may use his approved code designation with the name and address of the consignee."
Sec. 4.  G.S. 106-277.6 is amended by rewriting subdivision (5) as follows:
"(5)	Name and address of person who labeled said seed or who sells, offers or exposes said seed for sale within this State. If the seeds are labeled by the shipper for a consignee within this State, the shipper may use his approved code designation with the name and address of the consignee."
Sec. 5.  G.S. 106-277.7 is amended by rewriting subdivision (6) as follows:
"(6)	Name and address of person who labeled said seed or who sells, offers or exposes said seed for sale within this State. If the seeds are labeled by the shipper for a consignee within this State, the shipper may use his approved code designation with the name and address of the consignee."
Sec. 6.  G.S. 106-277.9(1) is amended as follows:
1.	By striking the period at the end of sub-subdivision b. and adding the following:
"; 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."
2.	By rewriting sub-subdivision h. as follows:
"h.	That have been treated and not labeled as required in this Article, or treated and not conspicuously colored."
3.	By rewriting sub-subdivision n. as follows:
"n.	Any variety, hybrid or blend of seeds not recorded with the Commissioner as required under rules and regulations promulgated pursuant to this Article."
4.	By adding a sub-subdivision q. as follows:
"q.	By variety name seed not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed; Provided, that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety."
5.	By adding a sub-subdivision r. as follows:
"r.	That employ a brand name on the label unless a variety or mixture of varieties is labeled as required in this Article. If a brand name other than a registered trade mark is used, it must be a separate statement from the variety name or the statement of a mixture, or blend, of genetic variations."
6.	By adding a sub-subdivision s. as follows:
"s.	Labeled as a 'blend' unless the lot complies with the definition of 'blend' in G.S. 106‑277.2, and is registered with the Commissioner, as may be required in G.S.106‑277.9(1)n. Other mechanical combinations of varieties shall be labeled as a mixture according to the requirements in G.S. 106-277.5(1)."
Sec. 7.  Article 31 of Chapter 106 is amended by adding at the end thereof a new section to be designated G.S. 106-277.29 and to read as follows:
'"§ 106-277.29.  Investigation committee; appointment; duties; authority. — (a) When any farmer believes that he has been damaged by the failure of agricultural or vegetable seed to produce or perform as represented by the label attached to such seed as required by G.S. 106-277.3, such farmer may make a sworn complaint against the dealer from whom such seeds were purchased, alleging the damages sustained, or to be sustained, and file same with the Commissioner of Agriculture within 10 days after alleged defect or violation becomes apparent and the farmer shall send a copy of said complaint to said dealer by United States registered mail. A filing fee of ten dollars ($10.00) shall be paid to the Commissioner of Agriculture with each complaint filed. Within 10 days after receipt of a copy of the complaint, the dealer may file with the Commissioner of Agriculture his answer to said complaint and send a copy of same to the farmer by United States registered mail.
(b)	Any seed dealer against whom suit is brought in any court, state or federal, by a farmer who alleges that he has been damaged by the failure of seeds purchased from a seed dealer to perform as labeled, may request an investigation by the investigating committee.
(c)	The Commissioner of Agriculture shall refer the complaint and the answer thereto to the investigation committee provided in this Article for investigation, findings and recommendations on the matters complained of.
(d)	The Commissioner of Agriculture shall appoint an investigation committee composed of five members, one each to be appointed upon the recommendation of the following: Director of the North Carolina Agricultural Experiment Stations, N. C. State University; Director of the North Carolina Agricultural Extension Service, N.C. State University; and President of the North Carolina Seedmen's Association. The other two members shall be appointed by the Commissioner of Agriculture. One of the members appointed by the Commissioner of Agriculture must be a farmer who is not connected in any way in selling seeds at retail or wholesale. Each member shall continue to serve until replaced by the Commissioner of Agriculture. The committee shall elect a chairman and a secretary from its membership. It shall be the duty of the chairman to conduct all meetings and deliberations held by the committee and to direct all other activities of the committee. It shall be the duty of the secretary to keep accurate and correct records on all meetings and deliberations and perform other duties for the committee as directed by the chairman.
(e)	The purpose of the investigation committee is to assist farmers and agricultural seed dealers in determining the facts relating to matters alleged in complaints made by farmers against dealers. The committee may recommend money damages be paid the farmer as a result of alleged failure of seeds to produce as represented by the label on the seed container.
(f)	The investigation committee may be called into session by the Commissioner of Agriculture at his discretion or upon the direction of the chairman to consider matters referred to it by the Commissioner of Agriculture.
(g)	When the Commissioner of Agriculture refers to the investigation committee any complaint made by a farmer against a dealer, said committee shall make a full and complete investigation of the matters complained of, and at the conclusion of said investigation, report its finding to the Commissioner of Agriculture. Upon receipt of same, the Commissioner of Agriculture shall transmit the findings and recommendations of the investigation committee to the farmer and to the dealer by United States registered mail. Neither the farmer nor the dealer shall be bound by the recommendations of the investigation committee.
(h)	In conducting its investigation, the investigation committee is authorized:
(1)	to examine the farmer on his farming operation of which he complains and the dealer on his packaging, labeling and selling operation of the seed alleged to be faulty;
(2)	to grow to production a representative sample of the alleged faulty seed through the facilities of the State, under the supervision of the Commissioner of Agriculture when such action is deemed by the committee to be necessary;
(3)	to hold informal hearings at a time and place directed by the chairman of the committee upon reasonable notice to the farmer and the dealer;
(4)	to seek evaluations from authorities in allied disciplines, when deemed necessary.
(i)	The committee shall keep a record of its activities and reports on file in the North Carolina Department of Agriculture.
(j)	Any investigation made by less than the whole membership of the committee shall be by authority of a written directive by the chairman and such investigation shall be summarized in writing and considered by the committee in reporting its findings and making its recommendations."
Sec. 8.  This act shall be effective on October 1, 1971.
In the General Assembly read three times and ratified, this the 21st day of June, 1971.