AN ACT to increase penalties for violation of the Seed law.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 106‑277.19 reads as rewritten:
"§ 106‑277.19.  Revocation, suspension, or refusal of license for cause; hearing; appeal.
In accordance with Chapter 150B of the General Statutes, the Commissioner is authorized to suspend any seed license issued for a period not to exceed three years, revoke any seed license issued, or to refuse to issue a seed license to any person upon satisfactory proof that said person has repeatedly violated any of the provisions of this Article or any of the rules adopted thereunder."
SECTION 1.(b)  G.S. 106‑277.24 reads as rewritten:
"§ 106‑277.24.  Penalty for violations.
Any person, firm or corporation violating any provision of this Article or any rule or regulation adopted pursuant thereto shall be guilty of a Class 3 misdemeanor and upon conviction thereof shall pay a fine of not more than ten thousand dollars ($10,000). This fine shall not apply, however, to a retailer with respect to any transaction where the seed sold by the retailer was acquired by the retailer in a sealed container or package, or the retailer did not have reasonable knowledge that the seed sold was in violation of this Article. In determining the amount of the fine, the court shall consider the retail value of the seed sold in violation of the law, and in cases involving the unlawful sale of seed protected under the federal Plant Variety Protection Act, the court shall order the payment of restitution to any injured party for any losses incurred as a result of the unlawful sale."
SECTION 2.  This act becomes effective December 1, 2013, and applies to violations committed on or after that date.
In the General Assembly read three times and ratified this the 17th day of July, 2013.

	s/	 Daniel J. Forest
	 President of the Senate

	s/	 Thom Tillis
	 Speaker of the House of Representatives

	s/	 Pat McCrory
	 Governor

Approved 4:30 p.m. this 23rd day of July, 2013