GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 464
Committee Substitute Favorable 4/17/91

Short Title:  Seed Fees Revised/ No Bond.	(Public)
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Sponsors:
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Referred to:  
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April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO MODIFY THE FEES PAYABLE BY SEED GROWERS AND DEALERS, TO AUTHORIZE THE BOARD OF AGRICULTURE TO ISSUE A STOP-SALE ORDER WHEN A DEALER OR GROWER FAILS TO PAY THE SEED FEE, AND TO ELIMINATE THE REQUIREMENT THAT A SEED DEALER OR GROWER FURNISH A BOND.
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 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
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 who has seed, whether originated or labeled by the dealer or grower, that is offered for sale in this State 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.  This fee does not apply to seed grown by a farmer and offered for sale by the farmer at the farm where the seed was grown.
		Each seed dealer or grower shall keep accurate records of the quantity of seeds and container weights sold from each distribution point in the State.  These records shall be available to the Commissioner or an authorized representative of the Commissioner at any and all reasonable hours for the purpose of verifying 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 is 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."
Sec. 2.  This act becomes effective July 1, 1992.