GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 200*

Short Title:  Penalties/Viol. of Ag. Laws.	(Public)

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Sponsors: Senators Albertson; and Carpenter.

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Referred to:  Agriculture/Environment/Natural Resources.

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February 15, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATIONS OF THE GASOLINE AND OIL INSPECTION LAW, THE MEAT INSPECTION LAW, AND THE ANIMAL WELFARE AND ANIMAL HEALTH LAWS.
The General Assembly of North Carolina enacts:
PART I.  GASOLINE AND OIL INSPECTION ACT.
Section 1.  Article 3 of Chapter 119 of the General Statutes is amended by adding the following new section:
"§ 119-39.1.  Civil Penalties.
The Commissioner of Agriculture may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation."
PART II. MEAT INSPECTION LAWS.
Sec. 2.  G.S. 106-549.35 is amended by adding the following new subsection:
"( c)	The Director of the Meat and Poultry Inspection Service may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or Article 49B, or any rule promulgated thereunder.  In determining the amount of the penalty, the Director shall consider the degree and extent of harm caused by the violation."
PART III.  ANIMAL WELFARE ACT.
Sec. 3.  Article 3 of Chapter 19A of the General Statutes, Animal Welfare Act, is amended by adding the following new section:
"§ 19A-40.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
PART IV.  ANIMAL HEALTH LAWS.
Sec. 4.  Article 14A of Chapter 106 of the  General Statutes, Licensing and Regulation of Rendering Plants and Rendering Operations, is amended by adding the following new section:
"§ 106-168.16.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 5.  Article 34 of Chapter 106 of the General Statutes, Animal Diseases, is amended by adding the following:
"Part 12.  Penalties.
"§ 106-405.20.  Civil Penalties.
	The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 6.  Article 35 of Chapter 106 of the General Statutes, Public Livestock Markets, is amended by adding the following new section:
"§ 106-417.1.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 7.  Article 35A of Chapter 106 of the General Statutes, Livestock Prompt Pay Law, is amended by adding the following new section:
"§ 106-418.7A.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 8.  Article 35B of Chapter 106 of the General Statutes, Livestock Dealer Licensing Act, is amended by adding the following new section:
"§ 106-418.16.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 9.  Article 49 of Chapter 106 of the General Statutes, Poultry, Hatcheries and Chick Dealers, is amended by adding the following new section:
"§ 106-549.1.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 10.  Article 49E of Chapter 106 of the General Statutes, Disposal of Dead Diseased Poultry, is amended by adding the following new section:
"§ 106-549.72.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 11.  Article 49F of Chapter 106 of the General Statutes, Biological Residues, is amended by adding the following new section:
"§ 106-549.89.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 12.  Article 58 of Chapter 106 of the General Statutes, Biologics Laws, is amended by adding the following new section:
"§ 106-715.  Civil Penalties.
The State Veterinarian may assess a civil penalty of not more than five thousand dollars ($5,000) against any person who violates a provision of this Article or any rule promulgated thereunder.  In determining the amount of the penalty, the State Veterinarian shall consider the degree and extent of harm caused by the violation."
Sec. 13.  The organizational headings to the parts of this act, set forth in bolded upper case, are a convenience to the reader and are for reference only.  The headings do not expand, limit, or define the text of this act.
Sec. 14.  This act is effective upon ratification and shall apply to violations occurring on or after that date.