GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 464

Short Title:  Seed Fees Revised.	(Public)
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Sponsors: Representatives Thompson, James; and Mercer.
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Referred to:  Finance.
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April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO MODIFY THE FEES PAYABLE BY SEED GROWERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 106-277.28 reads as rewritten:
"§ 106-277.28. License and inspection fees.
For the purpose of providing a fund to defray the expense of inspection, examination, and analysis of seeds and the enforcement of this Article:
	(2)	Each seed dealer selling, distributing, offering, or exposing for sale in, or exporting from, this State 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 for such license as follows:
a.	Wholesale or combined wholesale and retail
	seed dealer	$100.00
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.
(3)	Each seed dealer or grower selling, offering, or exposing for sale in this State any seed originated or labeled by the dealer's or grower's company shall report the quantity of seed sold and pay an inspection fee of two cents (2¢) for each container of seeds weighing 10 pounds or more.
		The Commissioner 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 issue a stop-sale order for all seed offered for sale by the dealer or grower. 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.
		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.  This act becomes effective July 1, 1992.