The following definitions shall apply when used under this Article:

(1) “Commissioner” means the Commissioner of Agriculture of the State of North Carolina.

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Terms Used In North Carolina General Statutes 106-501.1

  • 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
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3

(2) “Consignment” means any transfer of fruits and vegetables by a seller to the custody of another person who acts as the agent for the seller for the purpose of selling such fruits and vegetables.

(3) “Department” means the Department of Agriculture and Consumer Services.

(4) “Farmer” means any person who produces fruits or vegetables or both.

(5) “Handler” means any person in the business of buying, receiving, selling, exchanging, negotiating, processing for resale, or soliciting the sale, resale, exchange, or transfer of any fruits and vegetables purchased from a North Carolina farmer, received on consignment from a North Carolina farmer, or received to be handled on net return basis from a North Carolina farmer.

(6) “Net return basis” means a purchase for sale of fruits and vegetables from a farmer or shipper at an unfixed or unstated price at the time the fruits and vegetables are shipped from the point of origin, and it shall include all purchases made “at the market price,” “at net worth,” and on similar terms, which indicate that the buyer is the final arbiter of the price to be paid.

(7) “Processing” means any act or operation that freezes, dehydrates, cans, or otherwise changes the physical form or characteristic of fruits and vegetables. (2018-113, s. 1(b).)