GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 98
AN ACT TO DELETE BOND REQUIREMENTS FOR SEED DEALERS AND FERTILIZER MANUFACTURERS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 106-277.28(3) reads as rewritten:
"(3) A seed dealer or grower who sells only seed lots originated by his company may request of the Commissioner of Agriculture authority to report the quantity of seed sold and to pay the fees applicable under G.S. 106-277.28(1) in lieu of attaching an official North Carolina tag or stamp to each container of seeds weighing 10 pounds or more.
Upon granting authority, the
Commissioner of Agriculture shall require each seed dealer or grower to keep
such records as may be necessary to indicate accurately the quantity of seeds
and container weights sold from each distribution point in the State. Such
records shall be available to the Commissioner or his duly authorized
representative at any and all reasonable hours for the purpose of making such
examination as is necessary to verify the quantity of seed sold and the fees
paid. Each seed dealer or grower shall report quarterly on forms furnished by
the Commissioner the quantity and container weight of seeds sold. The reports
shall be made on the first day of January, April, July, and October, or within
10 days thereafter, and the inspection fee shall be due and payable with the
report. If the report is not filed and the inspection fee paid to the
Department of Agriculture by the tenth day following the date due, or if the
report of the quantity or container weights be false, the Commissioner may
revoke the authority to use the reporting system. If the inspection fee is
unpaid more than 15 days after the due date, the amount due shall bear a
penalty of ten percent (10%) which shall be added to the inspection fee due
and the Commissioner shall have authority to deduct said amount due and penalty
from the cash, securities or bond which has been deposited with the Department
of Agriculture. due.
In order to guarantee faithful
performance with the provisions of this section, each seed dealer or grower,
before being granted a permit to use the reporting system, shall deposit with
the Commissioner cash in the amount of five hundred dollars ($500.00) or
securities acceptable to the Commissioner of a value of at least five hundred
dollars ($500.00) or shall post with the Commissioner a surety bond in like
amount, executed by some corporate surety company authorized to do business in
North Carolina."
Sec. 2. G.S. 106-671(b) reads as rewritten:
"(b) Reporting System. -
Each manufacturer, importer, jobber, firm, corporation or person who
distributes commercial fertilizers in this State shall make application to the
Commissioner for a permit to report the tonnage of commercial fertilizer sold
and shall pay to the North Carolina Department of Agriculture an inspection fee
of twenty-five cents (25¢) per ton. The Commissioner is authorized to require
each such distributor to keep such records as may be necessary to indicate
accurately the tonnage of commercial fertilizers sold in the State, and as are
satisfactory to the Commissioner. Such records shall be available to the
Commissioner, or his duly authorized representative, at any and all reasonable
hours for the purpose of making such examination as is necessary to verify the
tonnage statement and the inspection fees paid. Each registrant shall report
monthly the tonnage sold to non-registrants on forms furnished by the
Commissioner. Such reports shall be made and inspection fees shall be due and
payable monthly on the fifteenth of each month covering the tonnage and kind of
commercial fertilizers sold during the past month. If the report is not filed
and the inspection fee paid by the last day of the month it is due, the amount
due shall bear a penalty of ten percent (10%), which shall be added to the
inspection fee due and shall constitute a debt and become the basis of
judgment against the securities or bond which may be required. due. If
the report is not filed and the inspection fee paid within 60 days of the date
due, or if the report or tonnage be false, the Commissioner may revoke
the permit. In order to guarantee faithful performance with the provisions
of this subsection each manufacturer, importer, jobber, firm, corporation or
person shall, before being granted a permit to use the reporting system,
deposit with the Commissioner cash in the amount of one thousand dollars
($1,000) or securities acceptable to the Commissioner of a value of at least
one thousand dollars ($1,000) or shall post with the Commissioner a surety bond
in like amount, executed by some corporate surety company authorized to do business
in North Carolina. The Commissioner shall approve all such securities and
bonds before acceptance."
Sec. 3. This act becomes effective July 1, 1991.
In the General Assembly read three times and ratified this the 22nd day of May, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives