Food & Drug Protection Division
Commercial Animal Feed and Pet Food Program
North Carolina Commercial Feed Law of 1973.
§ 106-284.30. Title.
This Article shall be known as the "North Carolina
Commercial Feed Law of 1973." (1973, c. 771, s. 2.)
§ 106-284.31. Purpose.
The purpose of this Article is to regulate the
manufacture and distribution of commercial feeds in the State of
North Carolina and to protect a farmer-buyer from the
manufacturer-seller of concentrated, commercial feed who might
sell substandard or mislabeled feedstuff, and not to protect
from himself a farmer who mixes his own feed. (1973, c. 771, s.
§ 106-284.32. Enforcing official.
This Article shall be administered by the Commissioner of
Agriculture of the State of North Carolina, hereinafter referred
to as the "Commissioner." (1973, c. 771, s. 3.)
§ 106-284.33. Definitions of words and terms.
When used in this Article:
(1) The term "Board" means the North Carolina State
Board of Agriculture.
(2) The term "brand name" means any word, name, symbol,
or device, or any combination thereof, identifying
the commercial feed of a distributor or registrant
and distinguishing it from that of others.
(3) The term "canned pet food" means any commercial
feed packed in cans or hermetically sealed
containers, and used or intended for use as food
(4) The term "commercial feed" means all materials,
except whole unmixed seed such as corn, including
physically altered entire unmixed seeds when not
adulterated within the meaning of G.S. 106-
284.38(1), which are distributed for use as feed or
for mixing in feed; provided, that the Board by
regulation may exempt from this definition, or from
specific provisions of this Article, hay, straw,
stover, silage, cobs, husks, hulls, unpasteurized milk, and individual
chemical compounds or substances which are not
intermixed or mixed with other materials, and are
not adulterated within the meaning of G.S. 106-
(4a) The term "contract feeder" means a person who, as
an independent contractor, feeds commercial feed to
animals pursuant to a contract between that person
and a manufacturer of commercial feeds whereby such
commercial feed is supplied, furnished, or
otherwise provided to such person by the said
manufacturer and whereby such person's remuneration
is determined all or in part by feed consumption,
mortality, profits, or amount or quality of product
produced by the independent contractor.
(5) The term "customer-formula feed" means commercial
feed, each batch of which is mixed according to the
formula of the customer, furnished in writing over
the signature of the customer or his designated
agent with each batch moved directly from the
manufacturer to the customer and not stocked or
displayed in a dealer's warehouse or sales area and
not resold or redistributed to any person.
(6) The term "distribute" means to offer for sale,
sell, exchange, or barter, commercial feed.
(7) The term "distributor" means any person who
(8) The term "drug" means any article intended for use
in the diagnosis, cure, mitigation, treatment, or
prevention of disease in animals other than man and
articles other than feed intended to affect the
structure or any function of the animal body.
(9) The term "feed ingredient" means each of the
constituent materials making up a commercial feed.
(10) The term "label" means a display of written,
printed, or graphic matter upon or affixed to the
container in which a commercial feed is
distributed, or on the invoice or delivery slip
with which a commercial feed is distributed.
(11) The term "labeling" means all labels and other
written, printed, or graphic matter (i) upon a
commercial feed or any of its containers or wrapper
or (ii) accompanying such commercial feed, or
advertisement, brochures, posters, television and
radio announcements used in promoting the sale of
such commercial feed.
(12) The term "manufacture" means to grind, mix or
blend, or further process a commercial feed for
(13) The term "mineral feed" means a commercial feed
intended to supply primarily mineral elements or
(14) The term "official sample" means a sample of feed
taken by the Commissioner or his agent in
accordance with the provisions of G.S. 106-
284.42(a), (c) or (e).
(15) The terms "percent" or "percentage" means
percentage by weight, except in G.S. 106-284.42
where these terms refer to the retail value of the
lot of commercial feed.
(16) The term "permitted analytical variation" means
allowance for the inherent variability in sampling
and laboratory analysis in guaranteed components.
Manufacturing variations and their effect on the
guaranteed components are not included in such
(17) The term "person" means an individual, a
partnership, a corporation, an association, and any
other legal entity.
(18) The term "pet" means any domesticated animal
normally maintained in or near the household(s) of
the owner(s) thereof.
(19) The term "pet food" means any commercial feed
prepared and distributed for consumption by pets.
(20) The term "product name" means the name of the
commercial feed which identifies it as to kind,
class, or specific use.
(21) The term "specialty pet" means any domesticated
animal pet normally maintained in a cage or tank,
such as, but not limited to, gerbils, hamsters,
canaries, psittacine birds, mynahs, finches,
tropical fish, goldfish, snakes and turtles.
(22) The term "specialty pet food" means any commercial
feed prepared and distributed for consumption by
(23) The term "ton" means a net weight of 2,000 pounds
avoirdupois. (1973, c. 771, s. 4; 1975, c. 900, s.
1; c. 961, s. 1.)
§ 106-284.34. Registration.
(a)No person shall manufacture or distribute a commercial
feed in this State, unless he has filed with the Commissioner on
forms provided by the Commissioner, his name, place of business,
and location of each manufacturing facility in this State, if
any, and made application to the Commissioner for a permit to
report the quantity of commercial feed distributed in this
(b) Manufacturers of registered feeds may apply for, and the
Commissioner at his discretion may issue, numbered permits
authorizing manufacturers of registered feeds to purchase
commercial feed as defined in G.S. 106-284.33(4), and the
responsibility for the payment of the inspection fee assessed by
the provisions of this Article will be assumed by the purchaser
to whom such permit has been issued. The Commissioner may at his
discretion, and without notice, cancel any permit issued under
the provision of this section. The use of permits issued under
the provisions of this section shall be governed by rules and
regulations promulgated by the Commissioner.
(c) No person shall distribute in this State a commercial
feed, except a customer-formula feed, which has not been
registered pursuant to the provisions of this section. The
application for registration shall be submitted in the manner
prescribed by the Commissioner. Upon approval by the
Commissioner or his duly designated agent the registration shall
be issued to the applicant. All registrations expire on the
thirty-first day of December of each year. An annual
registration fee of three dollars ($3.00) for each commercial
feed other than canned pet food shall accompany each request for
registration. An annual registration fee of ten dollars ($10.00)
for each canned pet food shall accompany each request for
(d) The Commissioner is empowered to refuse registration of
any commercial feed not in compliance with the provisions of
this Article and to cancel any registration subsequently found
not to be in compliance with any provisions of this Article:
Provided, that no registration shall be refused or canceled
unless the registrant shall have been given an opportunity to be
heard before the Commissioner or his duly designated agent and
to amend his application in order to comply with the
requirements of this Article.
(e) The manufacturer of commercial feed that has not been
registered and is found being distributed in the State shall pay
a thirty-dollar ($30.00) delinquent registration fee in addition
to the regular registration fee. (1973, c. 771, s. 5; 1989, c.
544, s. 7.)
§ 106-284.35. Labeling.
A commercial feed shall be labeled as follows:
(1) In case of commercial feed, except a customer-
formula feed, it shall be accompanied by a label
bearing the following information:
a. The net weight.
b. The product name and the brand name, if any,
under which the commercial feed is
c. The guaranteed analysis stated in such terms
as the Board by regulation determines is
required to advise the users of the
composition of the feed or to support claims
made in the labeling. In all cases the
substances or elements must be determinable by
laboratory methods such as the methods
published by the Association of Official
d. The common or usual name of each ingredient
used in the manufacture of the commercial
feed: Provided, that the Board by regulation
may permit the use of collective terms for a
group of ingredients which perform a similar
function, or the Board may exempt such
commercial feeds, or any group thereof, from
this requirement of an ingredient statement if
it finds that such statement is not required
in the interest of consumers.
e. The name and principal mailing address of the
manufacturer or the person distributing the
f. Adequate directions for use for all commercial
feeds containing drugs and for such other
feeds as the Board may require by regulations
as necessary for their safe and effective use.
g. Such precautionary statements as the Board by
regulation determines are necessary for the
safe and effective use of the commercial feed.
(2) In the case of a customer-formula feed, it shall be
accompanied by a label, invoice, delivery slip, or
other shipping document to be presented to the
purchaser at time of delivery, bearing the
a. Name and address of the manufacturer.
b. Name and address of the purchaser.
c. Date of delivery.
d. The product name and brand name, if any, and
the net weight of each registered commercial
feed used in the mixture, and the net weight
of each other ingredient used.
e. Adequate directions for use for all customer-
formula feeds containing drugs and for such
other feeds as the Board may require by
regulation as necessary for their safe and
f. Such precautionary statements as the Board by
regulation determines are necessary for the
safe and effective use of the customer-formula
feed. (1973, c. 771, s. 6.)
§ 106-284.36. Bag weights.
All commercial feed, except that in bags or packages of
five pounds or less, shall be in such standard-weight bags or
packages as the Board by regulation shall prescribe. (1973, c.
771, s. 7.)
§ 106-284.37. Misbranding.
A commercial feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any
(2) If it is distributed under the name of another
(3) If it is not labeled as required in G.S. 106-
(4) If it purports to be or is represented as a
commercial feed, or if it purports to contain or
is represented as containing a commercial feed
ingredient, unless such commercial feed or feed
ingredient conforms to the definition, if any,
prescribed by regulation by the Board.
(5) If any word, statement, or other information
required by or under authority of this Article to
appear on the label or labeling is not prominently
placed thereon with such conspicuousness (as
compared with other words, statements, designs, or
devices in the labeling) and in such terms as to
render it likely to be read and understood by the
ordinary individual under customary conditions of
purchase and use. (1973, c. 771, s. 8.)
§ 106-284.38. Adulteration.
A commercial feed shall be deemed to be adulterated:
(1) a. If it bears or contains any poisonous or
deleterious substance which may render it
injurious to health; but in case the substance
is not an added substance, such commercial
feed shall not be considered adulterated under
this subdivision if the quantity of such
substance in such commercial feed does not
ordinarily render it injurious to health; or
b. If it bears or contains any added poisonous,
added deleterious, or added nonnutritive
substance which is unsafe within the meaning
of section 406 of the Federal Food, Drug and
Cosmetic Act (other than one which is (i) a
pesticide chemical in or on a raw agricultural
commodity; or (ii) a food additive); or
c. If it is, or it bears or contains, any food
additive which is unsafe within the meaning of
section 409 of the Federal Food, Drug and
Cosmetic Act; or
d. If it is a raw agricultural commodity and it
bears or contains a pesticide chemical which
is unsafe within the meaning of section 408(a)
of the Federal Food, Drug and Cosmetic Act;
provided, that where a pesticide chemical has
been used in or on a raw agricultural
commodity in conformity with an exemption
granted or a tolerance prescribed under
section 408 of the Federal Food, Drug and
Cosmetic Act and such raw agricultural
commodity has been subjected to processing
such as canning, cooking, freezing,
dehydrating, or milling, the residue of such
pesticide chemical remaining in or on such
processed feed shall not be deemed unsafe if
such residue in or on the raw agricultural
commodity has been removed to the extent
possible in good manufacturing practice and
the concentration of such residue in the
processed feed is not greater than the
tolerance prescribed for the raw agricultural
commodity unless the feeding of such processed
feed will result or is likely to result in a
pesticide residue in the edible product of the
animal, which is unsafe within the meaning of
section 408(a), of the Federal Food, Drug and
e. If it is, or it bears or contains, any color
additive which is unsafe within the meaning of
section 706 of the Federal Food, Drug and
(2) If any valuable constituent has been in whole or in
part omitted or abstracted therefrom or any less
valuable substance substituted therefor.
(3) If its composition or quality falls below or
§ 106-284.39. Prohibited acts.
The following acts and the causing thereof within the
State of North Carolina are hereby prohibited:
(1) The manufacture or distribution of any commercial
feed that is adulterated or misbranded.
(2) The adulteration or misbranding of any commercial
(3) The distribution of agricultural commodities such
as whole seed, hay, straw, stover, silage, cobs,
husks, and hulls, which are adulterated within the
meaning of G.S. 106- 284.38(1).
(4) The removal or disposal of a commercial feed in
violation of an order under G.S. 106-284.43.
(5) The failure or refusal to register in accordance
with G.S. 106-284.34.
(6) The violation of G.S. 106-284.44(f).
(7) Failure to pay inspection fees and file reports as
required by G.S. 106-284.40.
(8) The use of metal fasteners as bag fasteners or for
attaching labels to the containers of commercial
feed. (1973, c. 771, s. 10.)
§ 106-284.40. Inspection fees and reports.
(a)An inspection fee at the rate of three cents (3¢) for
each carton of 48 cans shall be paid on canned pet food
distributed in this State by the person whose name appears on
the label as the manufacturing distributor or guarantor subject
to (b)(1), (2), (3), and (5) of this section.
(b) An inspection fee at the rate of twelve cents (12¢) per
ton shall be paid on commercial feeds distributed in the State
by the person whose name appears on the label of the commercial
feed as the manufacturer, distributor or guarantor of the
commercial feed, subject to the following:
(1) No fee shall be paid on a commercial feed if the
payment has been made by a previous distributor.
(2) No fee shall be paid on customer-formula feeds if
the inspection fee is paid on the commercial feeds
which are used as ingredients therein.
(3) No fee shall be paid on commercial feeds which are
used as ingredients or a base for the manufacture
of commercial feeds which are registered, if the
fee has already been paid. If the inspection fee
has already been paid on such commercial feed, the
amount paid shall be deducted from the gross amount
due on the total feed produced.
(4) In the case of a commercial feed other than canned
pet food which is distributed in the State only in
packages of five pounds or less, an annual
registration fee of thirty dollars ($30.00) shall
be paid in lieu of the inspection fee specified
(5) The minimum inspection fee shall be ten dollars
($10.00) per quarter unless no feed was sold in the
State during the quarter.
(6) Manufacturers of commercial feeds may appear before
the Board, and after finding there exists a
contract feeder relationship between a manufacturer
of commercial feeds and an independent contractor,
the Board may issue annual numbered permits
exempting that manufacturer of commercial feed from
paying the inspection fee assessed by the
provisions of this law for that feed delivered to
the contract feeder. The manufacturer of
ingredients who sells such ingredients to
manufacturers of commercial feeds under this
subdivision shall have in his possession the
exemption number of the permit referred to in G.S.
106-284.34(b) and/or the permit issued by the Board
under this subdivision before the supplier may be
relieved of the responsibility for payment of the
inspection fee. The holder of a valid contract
feeder exemption permit shall be exempt from paying
the inspection fee on all ingredients purchased for
its own use, provided that at least one-half of the
ingredients purchased in the previous calendar year
were used in feed delivered to contract feeders.
The holder of said permit may voluntarily
return said permit to the Commissioner for
cancellation at which time said holder may not
apply for or receive another exemption permit under
this subdivision for a period of 12 months. The
exemption permits under this subdivision shall be
renewable automatically every year by the Board
without additional findings of fact unless it is
brought to the Board's attention by the
Commissioner or his duly designated officer or
employee that there no longer exists the
relationship of a contract feeder between the
manufacturer of commercial feeds and an independent
contractor. In the event the Commissioner or his
duly designated officer or employee notifies the
Board when the permit is to be automatically
renewed or anytime the permit is in effect, that
there no longer exists a contract feeder
relationship for the permit holder, the Board shall
determine the veracity of the notification and
revoke said permit if the facts are found to be
true by the Board.
Commercial feeds exempt from inspection fees
under this subdivision shall not be subject to
sampling and analysis other than as may be
necessary to determine compliance with good
manufacturing practice regulations pertaining to
medicated animal feed and medicated feed premixes
established under G.S. 106-284.38(4) of this law.
(c) Each person who is liable for the payment of such fee
(1) File, not later than the last day of January,
April, July and October of each year, a quarterly
statement setting forth the number of net tons of
commercial feeds and/or cases of canned pet food
distributed in this State during the preceding
calendar quarter, and upon filing such statements
shall pay the inspection fee at the rate stated in
subsections (a) and (b) of this section. Inspection
fees which are due and owing and have not been
remitted to the Commissioner within 15 days
following the due date shall have a penalty fee of
ten percent (10%) (minimum ten dollars ($10.00))
added to the amount due when payment is finally
made. The assessment of this penalty fee shall not
prevent the Commissioner from taking other actions
as provided in this Chapter.
(2) Keep such records as may be necessary or required
by the Commissioner to indicate accurately the
tonnage of commercial feed distributed in this
State, and the Commissioner or his duly designated
agent shall have the right to examine such records
during normal business hours, to verify statements
of tonnage. Failure to make an accurate statement
of tonnage or to pay the inspection fee or comply
as provided herein shall constitute sufficient
cause for the cancellation of all registrations on
file for the distributor. (1973, c. 771, s. 11;
1975, c. 900, s. 2; c. 961, s. 2; 1987 (Reg. Sess.,
1988), c. 1043; 1989, c. 544, s. 6.)
§ 106-284.41. Rules and regulations.
(a)The Board is authorized to promulgate such rules and
regulations for commercial feeds and pet foods as are
specifically authorized in this Article and such other
reasonable rules and regulations as may be necessary for the
efficient enforcement of this Article. In the interest of
uniformity the Board shall by regulation adopt, unless it
determines that they are inconsistent with the provisions of
this Article or are not appropriate to conditions which exist in
this State, the following:
(1) The official definitions of feed ingredients and
official feed terms adopted by the Association of
American Feed Control Officials and published in
the official publication of that organization, and
(2) Any regulations promulgated pursuant to the
authority of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. section 301 et seq.).
(b) Before the issuance, amendment, or repeal of any rule or
regulation authorized by this Article, the Board shall publish
the proposed regulation, amendment, or notice to repeal an
existing regulation in a manner reasonably calculated to give
interested parties, including all current registrants, adequate
notice and shall afford all interested persons an opportunity to
present their views thereon, orally or in writing, within a
reasonable period of time. After consideration of all views
presented by interested persons, the Board shall take
appropriate action to issue the proposed rule or regulation or
to amend or repeal an existing rule or regulation. The
provisions of this subsection notwithstanding, if the Board
pursuant to the authority of this Article, adopts the official
definitions of feed ingredients or official feed terms as
adopted by the Association of American Feed Control Officials,
or regulations promulgated pursuant to the authority of the
Federal Food, Drug and Cosmetic Act, any amendment or
modification adopted by said Association or by the Secretary of
Health, Education and Welfare in the case of regulations
promulgated pursuant to the Federal Food, Drug and Cosmetic Act,
shall be deemed adopted automatically under this Article without
regard to the publication of the notice required by this
subsection (b), unless the Board by resolution specifically
determines that said amendment or modification shall not be
adopted. (1973, c. 771, s. 12; 1975, c. 19, s. 32.)
§ 106-284.42. Inspection, sampling, and analysis.
(a)For the purpose of enforcement of this Article, and in
order to determine whether its provisions have been complied
with, including whether or not any operations may be subject to
such provisions, officers or employees duly designated by the
Commissioner upon presenting appropriate credentials, to the
owner, operator, or agent in charge, are authorized (i) to
enter, during normal business hours or actual operation, any
factory, warehouse, or establishment within the State in which
commercial feeds are manufactured, processed, packed, or held
for distribution and take samples therefrom or to enter any
vehicle being used to transport or hold such feeds and take
samples therefrom; and (ii) to inspect during normal business
hours or while in operation, such factory, warehouse,
establishment or vehicle and all pertinent equipment, finished
or unfinished materials, containers, and labeling therein. The
inspection may include the verification of such records, and
production and control procedures as may be necessary to
determine compliance with this Article.
(b) A separate presentation of appropriate credentials shall
be given for each such inspection, but a presentation shall not
be required for each entry made during the period covered by the
inspection. Each such inspection shall be commenced and
completed with reasonable promptness. Upon completion of the
inspection, the person in charge of the facility or vehicle
shall be so notified.
(c) If the officer or employee making such inspection of a
factory, warehouse, or other establishment has obtained a
sample(s) in the course of the inspection, upon completion of
the inspection and prior to leaving the premises he shall give
to the owner, operator, or agent in charge a receipt describing
the sample(s) obtained.
(d) If the owner of any factory, warehouse or establishment
described in subsection (a), or his agent, refuses to admit the
Commissioner or his agent to inspect in accordance with
subsections (a) and (b), the Commissioner or his agent is
authorized to obtain without notice from any district or
superior court judge within the county where the facility is
located, an order directing such owner or his agent to submit
the premises described in such order to inspection.
(e) Sampling and analysis shall be conducted in accordance
with methods published by the Association of Official Analytical
Chemists, or in accordance with other generally recognized
(f) The results of all analyses of official samples shall be
forwarded by the Commissioner to the person named on the label
and to the dealer. When the inspection and analysis of an
official sample indicates a commercial feed has been adulterated
or misbranded, and upon written request within 30 days following
receipt of the analysis, the Commissioner shall furnish to the
registrant a portion of the sample concerned.
(g) The Commissioner, in determining for administrative
purposes whether a commercial feed is deficient in any
component, shall be guided by the official sample as defined in
G.S. 106-284.33, subdivision (14), and obtained and analyzed as
provided for in subsections (a), (c), and (e) of this section.
(h) The Board is authorized to adopt regulations establishing
permitted analytical variation providing for reasonable
deviation from the guaranteed analysis.
(i) The registrant of a commercial feed found to be in
significant violative deviation from the guarantee shall be
subject to a penalty for this deviation.
(j) If the analysis of a sample shows a deviation from
permitted analytical variation established by the Board, the
registrant or other responsible person shall be penalized
according to the following schedule:
Component Deviating Method of Penalty Assessment
Crude protein Three times the relative percentage * of
deviation from the guarantee times the
retail value of the commercial feed.
Crude fat Ten percent (10%) of retail value of the
lot of commercial feed.
Crude fiber Ten percent (10%) of retail value of the
lot of commercial feed.
Vitamins Ten percent (10%) of retail value of the
lot of commercial feed.
Minerals Ten percent (10%) of retail value of the
lot of commercial feed.
nitrogen Ten percent (10%) of retail value of the
lot of commercial feed.
Animal drugs Twenty percent (20%) of retail value of
the lot of commercial feed.
Antibiotics Twenty percent (20%) of retail value of
the lot of commercial feed.
Other analysis Ten percent (10%) of retail value of the
lot of commercial feed.
* Example, a feed guaranteed 16.0% protein and assaying only
14.0%, will be considered as 2.0%/16.0%, or 12.5% deficient in
protein. The penalty will be computed as 3 x 0.125 x retail
value of the feed, or 0.375 x retail value of the feed.
(k) Penalties for multiple deficiencies within a sample shall
be additive; provided that in no case shall the penalty exceed
the retail value of the product. The minimum penalty under any
of the foregoing provisions shall be twenty-five dollars
($25.00) or the retail value of the product whichever is
smaller, regardless of the value of the deficiency.
(l) Within 60 days from the date of written notice by the
Commissioner or his duly designated agent to the manufacturer,
guarantor, dealer or agent, all penalties assessed and collected
under this section shall be paid to the purchaser of the lot of
feed or canned pet food represented by the sample analyzed. When
such penalties are paid, receipts shall be taken and promptly
forwarded to the Commissioner of Agriculture. If said consumers
cannot be found, the clear proceeds of the penalty assessed
shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C-457.2. (1973, ch. 771, s. 13; 1997-
261, s. 109; 1998-215, s. 11.)
§ 106-284.43. Detained commercial feeds.
(a)"Withdrawal from distribution" orders: When the
Commissioner or his authorized agent has reasonable cause to
believe any lot of commercial feed is being distributed in
violation of any of the provisions of this Article or of any of
the prescribed regulations under this Article, he may issue and
enforce a written or printed "withdrawal from distribution"
order, ordering the distributor not to dispose of the lot of
commercial feed in any manner until written permission is given
by the Commissioner or a court. The Commissioner shall release
the lot of commercial feed so withdrawn when said provisions and
regulations have been complied with. If compliance is not
obtained within 30 days, the Commissioner may begin, or upon
request of the distributor or registrant shall begin,
proceedings for condemnation.
(b) "Condemnation and confiscation": Any lot of commercial
feed not in compliance with said provisions and regulations
shall be subject to seizure on complaint of the Commissioner to
the superior court in the county in which said commercial feed
is located. In the event the court finds the said commercial
feed to be in violation of this Article, and orders the
condemnation of said commercial feed, it shall be disposed of in
any manner consistent with the quality of the commercial feed
and the laws of the State, provided, that in no instance shall
the disposition of said commercial feed be ordered by the court
without first giving the claimant an opportunity to apply to the
court for release of said commercial feed or for permission to
process or relabel said commercial feed to bring it into
compliance with this Article. All costs and expenses incurred by
the Department of Agriculture and Consumer Services in any
proceedings associated with such seizure and confiscation shall
be paid by the claimant. (1973, c. 771, s. 14; 1997-261, s.
§ 106-284.44. Penalties; enforcement of Article; judicial
review; confidentiality of information.
(a)Any person who shall be adjudged to have violated any
provision of this Article, or any regulation of the Board
adopted pursuant to this Article, shall be guilty of a Class 2
misdemeanor. In addition, if any person continues to violate or
further violates any provision of this Article after written
notice from the Commissioner, or his duly designated agent, the
court may determine that each day during which the violation
continued or is repeated constitutes a separate violation
subject to the foregoing penalties.
(b) Nothing in this Article shall be construed as requiring
the Commissioner or his representative to: (i) report for
prosecution, or (ii) institute seizure proceedings, or (iii)
issue a withdrawal from distribution order, as a result of minor
violations of the Article, or when he believes the public
interest will best be served by suitable notice of warning in
(c) It shall be the duty of each district attorney to whom
any violation is reported to cause appropriate proceedings to be
instituted and prosecuted in a court of competent jurisdiction
without delay. Before the Commissioner reports a violation for
such prosecution, an opportunity shall be given the distributor
to present his view to the Commissioner or his designated agent.
(d) The Commissioner is hereby authorized to apply for and
the court to grant a temporary restraining order and a
preliminary or permanent injunction restraining any person from
violating or continuing to violate any of the provisions of this
Article or any rule or regulation promulgated under the Article
notwithstanding the existence of other remedies at law.
(e) Any person adversely affected by an act, order, or ruling
made pursuant to the provisions of this Article may within 30
days thereafter bring action in the Superior Court of Wake
County for judicial review of such act, order or ruling
according to the provisions of Chapter 150B of the General
(f) Any person who uses to his own advantage, or reveals to
other than the Board, or officers of the other State agencies
whose requests are deemed justifiable by the Commissioner, or to
the courts when relevant in any judicial proceeding, any
information acquired under the authority of this Article,
concerning any method, records, formulations, or processes which
as a trade secret is entitled to protection, is guilty of a
Class 2 misdemeanor; provided, that this prohibition shall not
be deemed as prohibiting the Commissioner, or his duly
authorized agent, from exchanging information of a regulatory
nature with duly appointed officials of the United States
government, or of the other states, who are similarly prohibited
by law from revealing this information. (1973, c. 47, s. 2; c.
771, s. 15; c. 1331, s. 3; 1987, c. 827, s. 1; 1993, c. 539, ss.
760, 761; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 106-284.45. Cooperation with other entities.
The Commissioner may cooperate with and enter into
agreements with governmental agencies of this State, other
states, agencies of the federal government, and private
associations in order to carry out the purpose and provisions of
this Article. (1973, c. 771, s. 16.)
§ 106-284.46. Publication.
The Commissioner shall publish at least annually, in such
forms as he may deem proper, information concerning the sales of
commercial feeds, together with such data on their production
and use as he may consider advisable, and a report of the
results of the analyses of official samples of commercial feeds
sold within the State as compared with the analyses guaranteed
in the registration and on the label; provided, that the
information concerning production and use of commercial feed
shall not disclose the operations of any person. (1973, c. 771,
Chapter 106 Article 31C North Carolina Commercial Feed Law of 1973