North Carolina General Statutes 106-277.33. Duties of Seed Board
(a) In conducting its investigation of claims referred by the Commissioner, the Seed Board may engage in the following activities:
(1) Examine the buyer regarding the buyer’s use of the seed of which the buyer complains and examine the dealer on the dealer’s packaging, labeling, and selling of the seed alleged to be faulty.
Terms Used In North Carolina General Statutes 106-277.33
- Board: means the North Carolina Board of Agriculture as established under N. See North Carolina General Statutes 106-277.2
- buyer: means a person who buys agricultural or vegetable seed for the purpose of planting and growing the seed. See North Carolina General Statutes 106-277.2
- Commissioner: means the Commissioner of Agriculture of North Carolina or his designated agent or agents. See North Carolina General Statutes 106-277.2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Agriculture and Consumer Services as established in N. See North Carolina General Statutes 106-277.2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- labeling: includes all labels and other written, printed or graphic representations in any manner whatsoever accompanying and pertaining to any seed whether in bulk or in containers and includes representations on invoices. See North Carolina General Statutes 106-277.2
(2) Grow a representative sample of the alleged faulty seed to production when such action is deemed by the Board to be necessary.
(3) Hold informal hearings at a time and place directed by the chairperson upon reasonable notice to the buyer and the dealer.
(4) Seek evaluations from authorities in allied disciplines, when deemed necessary by the Board.
(5) Visit and inspect the affected site and take samples, make plant counts, and take pictures of affected and unaffected areas.
(b) The Board shall keep a record of its activities and reports on file in the Department. The Department shall transmit all findings and recommendations to the buyer and to the dealer within 30 days of completion of the investigation.
(c) No investigation shall be made by less than the whole membership of the Board unless the chairperson directs such investigation in writing. Such investigation shall be summarized in writing and considered by the Board in reporting its findings and making its recommendations.
(d) The report of the investigation and the recommendations of the Seed Board shall be binding upon all parties to the extent, if any, that they have so agreed in writing subsequent to the filing of the complaint pursuant to N.C. Gen. Stat. § 106-277.30 (1998-210, s. 3.)