A BILL TO BE ENTITLED
AN ACT to provide enforcement authority associated with the program governing bedding improperly made, sanitized, or tagged, As recommended by the environmental Review commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 106‑65.105 reads as rewritten:
"§ 106‑65.105.  Enforcement by the Department of Agriculture and Consumer Services.
(a)	General Authority. – The Department of Agriculture and Consumer Services shall enforce the provisions of this Article and the rules adopted by the Board of Agriculture.
(b)	Embargo. – The Commissioner of Agriculture may prohibit sale and place an "off sale" tag on any bedding which is not made, sanitized, or tagged as required by this Article and the rules of the Board of Agriculture. The bedding shall not be sold or otherwise removed until the violation is remedied and the Commissioner of Agriculture has reinspected it and removed the "off sale" tag.
(c)	Record Keeping. – A person supplying material to a bedding manufacturer shall furnish an itemized invoice of all furnished material. Each material entering into willowed or other mixtures shall be shown on the invoice. The bedding manufacturer shall keep the invoice on file for one year subject to inspection by the Department of Agriculture and Consumer Services.
(d)	Right to Seize and Sample. – When the Commissioner of Agriculture has reason to believe that bedding is not tagged or filled as required by this Article, the Commissioner of Agriculture shall have authority to open a seam of the bedding to examine the filling, and, if unable after this examination to determine if the filling is of the kind stated on the tag, shall have the authority to examine purchase or other records necessary to determine definitely the kind of material used in the bedding. The Commissioner of Agriculture shall have authority to seize and hold for evidence any records and any bedding or bedding material which in the opinion of the Commissioner of Agriculture is made, possessed or offered for sale in violation of this Article or the rules of the Board of Agriculture. The Commissioner of Agriculture shall have authority to take a sample of any bedding or bedding material for the purpose of examination or for evidence.
(e)	Right of Entry. – The Commissioner of Agriculture shall have the right of entry upon the premises of any place where entry is necessary to enforce the provisions of this Article or the rules adopted by the Board of Agriculture. If consent for entry is not obtained, an administrative search and inspection warrant shall be obtained pursuant to G.S. 15‑27.2.
(f)	Injunction. – If a person shall violate any provision of this Article or the rules implementing this Article adopted by the Board of Agriculture, the Commissioner may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides."
SECTION 2.  This act becomes effective December 1, 2016, and applies to violations of Article 4H of Chapter 106 of the General Statutes committed on or after that date.