GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	3 

HOUSE BILL 468
Second Edition Engrossed 4/23/91
Senate Judiciary I Committee Substitute Adopted 6/11/91

Short Title:  Bee and Honey Act Enforcement.	(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 REQUIRE A PERMIT TO SELL BEES AND TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO IMPOSE CIVIL PENALTIES FOR VIOLATIONS OF THE BEE AND HONEY ACT.
The General Assembly of North Carolina enacts:
Section 1.  Article 55 of Chapter 106 of the General Statutes is amended by adding a new section to read:
"§ 106-639.1.  Permit to sell bees.
Prior to selling bees in North Carolina, a person shall obtain a permit from the Commissioner.  Application for the permit shall be made on a form provided by the Commissioner, and shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00).  The Commissioner may deny, suspend, or revoke a permit for any violation of this Article or rules adopted to implement the Article.  Permits shall expire annually on December 31 and may be renewed upon payment of a fee of twenty-five dollars ($25.00).  All proceedings concerning the denial, suspension, or revocation of a permit shall be conducted in accordance with the Administrative Procedure Act, Chapter 150B of the General Statutes.  No permit shall be required for (i) the sale of less than 10 bee hives in a calendar year, (ii) a one-time going-out-of-business sale of less than 50 bee hives, or (iii) the renting of bees for pollination purposes or the movement of bees to gather honey."
Sec. 2.  G.S. 106-644 reads as rewritten:
"§ 106-644.  Penalties.
(a)	If anyone shall attempt to prevent inspection as provided in this Article or shall otherwise interfere with the Commissioner of Agriculture, or any of his agents, while engaging in the performance of his duties under this Article, or shall violate any provisions of this Article or any regulation of the Board of Agriculture adopted pursuant to this Article, he shall be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) or imprisoned for not more than 30 days, for each offense. Each day's violation shall constitute a separate offense.
(b)	The Commissioner may assess a civil penalty of not more than ten thousand dollars ($10,000) against a person who violates this Article or a rule adopted to implement this Article.  In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation.  No civil penalty may be assessed under this section unless the person has been given the opportunity for a hearing pursuant to the Administrative Procedure Act, Chapter 150B of the General Statutes.  If not paid within 30 days after the effective date of a final decision by the Commissioner, the penalty may be collected by any lawful means for the collection of a debt."
Sec. 3.  This act becomes effective January 1, 1992.