Terms Used In North Carolina General Statutes > Chapter 10B > Article 2 - Electronic Notary Act

• advertisement: means all representations, other than those required on the label, disseminated in any manner or by any means, relating to seed within the scope of this Article. See North Carolina General Statutes 106-277.2
• agricultural seeds: shall include the seed of grass, forage, cereal, fiber crops and any other kinds of seeds commonly recognized within this State as agricultural or field seeds, lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the Commissioner determines that such seed is being used as agricultural seed. See North Carolina General Statutes 106-277.2
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Banking business day: means a day in which banks are normally open for business in North Carolina. See North Carolina General Statutes 106-418.3
• blend: means a mechanical combination of varieties identified by a blend designation in which each component variety is equal to or above the minimum standard germination for its class; which is always present in the same percentage in each lot identified by the same "blend" designation; and for which research data supports an advantage of the "blend" over the singular use of either component variety. See North Carolina General Statutes 106-277.2
• Board: means the North Carolina Plant Conservation Board as provided in this Article. See North Carolina General Statutes 106-202.12
• Board: means the North Carolina Board of Agriculture. See North Carolina General Statutes 106-245.31
• Board: means the North Carolina Board of Agriculture as established under N. See North Carolina General Statutes 106-277.2
• Board: means the North Carolina State Board of Agriculture. See North Carolina General Statutes 106-284.33
• brand: means an identifying numeral, letter, word, or any combination of these, used with the word "brand" to designate source of seeds. See North Carolina General Statutes 106-277.2
• 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. See North Carolina General Statutes 106-284.33
• 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
• canned pet food: means any commercial feed packed in cans or hermetically sealed containers, and used or intended for use as food for pets. See North Carolina General Statutes 106-284.33
• code designation: means a series of numbers or letters approved by the United States Department of Agriculture and used in lieu of the full name and address of the person who labels seeds, as required in this Article in N. See North Carolina General Statutes 106-277.2
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• 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 N. See North Carolina General Statutes 106-284.33
• Commissioner: means the Commissioner of Agriculture. See North Carolina General Statutes 106-202.12
• Commissioner: means the Commissioner of Agriculture. See North Carolina General Statutes 106-245.31
• Commissioner: means the Commissioner of Agriculture of North Carolina or his designated agent or agents. 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 106-418.3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• conditioning: means cleaning, scarifying, or blending to obtain uniform quality and other operations that would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind, or kind and variety, without cleaning, or preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed. See North Carolina General Statutes 106-277.2
• Contract: A legal written agreement that becomes binding when signed.
• 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. See North Carolina General Statutes 106-284.33
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Custodial accounts: means custodial accounts for trust funds as explained in the Code of Federal Regulations, January 1, 1972, § 201. See North Carolina General Statutes 106-418.3
• 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. See North Carolina General Statutes 106-284.33
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the North Carolina Department of Agriculture and Consumer Services. See North Carolina General Statutes 106-245.31
• Department: means the Department of Agriculture and Consumer Services as established in N. See North Carolina General Statutes 106-277.2
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• distribute: means to provide seed for seeding purposes to more than five persons, but shall not include seed provided for educational purposes. See North Carolina General Statutes 106-277.2
• distribute: means to offer for sale, sell, exchange, or barter, commercial feed. See North Carolina General Statutes 106-284.33
• distributor: means any person who distributes. See North Carolina General Statutes 106-284.33
• 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. See North Carolina General Statutes 106-284.33
• Endangered species: means any species or higher taxon of plant whose continued existence as a viable component of the State's flora is determined to be in jeopardy by the Board; also, any species of plant determined to be an "endangered species" pursuant to the Endangered Species Act. See North Carolina General Statutes 106-202.12
• Endangered Species Act: means the Endangered Species Act of 1973, Public Law 93-205 (87 Stat. See North Carolina General Statutes 106-202.12
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exotic species: means a species or higher taxon of plant not native or naturalized in North Carolina but appearing in the Federal Endangered and Threatened Species List or in the appendices to the International Treaty on Endangered and Threatened Species. See North Carolina General Statutes 106-202.12
• farm products: means farm crops, horticultural crops, and animal products. See North Carolina General Statutes 106-185
• feed ingredient: means each of the constituent materials making up a commercial feed. See North Carolina General Statutes 106-284.33
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• germination: means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions. See North Carolina General Statutes 106-277.2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• grower: shall mean any person who produces seed, directly as a landlord, tenant, sharecropper or lessee, which are offered or exposed for sale. See North Carolina General Statutes 106-277.2
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• hard seeds: means seeds which, because of hardness or impermeability, do not absorb moisture and germinate but remain hard during the normal period of germination. See North Carolina General Statutes 106-277.2
• hybrid: means the first generation seed of a cross produced by controlling cross-fertilization within prescribed limits and combining (i) two or more inbred lines or clones, or (ii) one or more inbred lines or clones with an open-pollinated variety, or (iii) two or more varieties or species, clonal or otherwise, except open-pollinated varieties of normally cross-fertilized species. See North Carolina General Statutes 106-277.2
• in bulk: refers to loose seed in bins, or open containers, and not to seed in bags or packets. See North Carolina General Statutes 106-277.2
• 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
• inert matter: means all matter not seeds, including broken seeds, sterile florets, chaff, fungus bodies, stones and other substances found not to be seed when examined according to procedures prescribed by rules and regulations promulgated pursuant to the provisions of this Article. See North Carolina General Statutes 106-277.2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• kind: means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, wheat, striate lespedeza, alfalfa, tall fescue. See North Carolina General Statutes 106-277.2
• 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. See North Carolina General Statutes 106-284.33
• 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
• 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. See North Carolina General Statutes 106-284.33
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• lot: means a definite quantity of seed, identified by a lot number or other identification, which shall be uniform throughout for the factors which appear on the label. See North Carolina General Statutes 106-277.2
• manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See North Carolina General Statutes 106-284.33
• mixture: means seeds consisting of more than one kind or kind and variety, each present in excess of five per centum (5%) of the whole. See North Carolina General Statutes 106-277.2
• month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
• North Carolina Public Livestock Market Advisory Board: means the Board established under N. See North Carolina General Statutes 106-418.3
• North Carolina seed analysis tag: means the tag designed and prescribed by the Commissioner as the official North Carolina seed analysis tag. See North Carolina General Statutes 106-277.2
• Oath: A promise to tell the truth.
• oath: shall be construed to include "affirmation" in all cases where by law an affirmation may be substituted for an oath, and in like cases the word "sworn" shall be construed to include the word "affirmed. See North Carolina General Statutes 12-3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• official sample: means a sample of feed taken by the Commissioner or his agent in accordance with the provisions of N. See North Carolina General Statutes 106-284.33
• origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See North Carolina General Statutes 106-277.2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means percentage by weight, except in N. See North Carolina General Statutes 106-284.33
• permitted analytical variation: means allowance for the inherent variability in sampling and laboratory analysis in guaranteed components. See North Carolina General Statutes 106-284.33
• person: shall include any individual, partnership, corporation, company, society or association. See North Carolina General Statutes 106-277.2
• person: means an individual, a partnership, a corporation, an association, and any other legal entity. See North Carolina General Statutes 106-284.33
• pet: means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof. See North Carolina General Statutes 106-284.33
• pet food: means any commercial feed prepared and distributed for consumption by pets. See North Carolina General Statutes 106-284.33
• Plant: means any member of the plant kingdom, including seeds, roots and other parts or their propagules. See North Carolina General Statutes 106-202.12
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• product name: means the name of the commercial feed which identifies it as to kind, class, or specific use. See North Carolina General Statutes 106-284.33
• property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
• Protected plant: means a species or higher taxon of plant adopted by the Board to protect, conserve, and/or enhance the plant species and includes those the Board has designated as endangered, threatened, or of special concern. See North Carolina General Statutes 106-202.12
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public livestock market: as used in this Article shall not be interpreted to mean any of the following:

  (1) A market where horses and mules exclusively are sold;

  (2) A market that sells only finished livestock to be used for immediate slaughter;

  (3) A dispersal sale of livestock by a farmer, dairyman, livestock breeder, or feeder when all animals offered for sale have been owned by him at least 30 days; provided that, no more than one dispersal sale shall be held by any person, firm or corporation within any period of six months. See North Carolina General Statutes 106-407

• Public livestock market: means livestock sales at a market duly licensed under N. See North Carolina General Statutes 106-418.3
• purity: means the name or names of the kind, type or variety and the percentage or percentages thereof, the percentage of other crop seed; the percentage of weed seeds, including noxious-weed seeds; the percentage of inert matter; and the name and rate of occurrence of each noxious-weed seed. See North Carolina General Statutes 106-277.2
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Scientific committee: means the North Carolina Plant Conservation Scientific Committee. See North Carolina General Statutes 106-202.12
• seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
• seed offered for sale: means any seed or grain, whether in bags, packets, bins or other containers, exposed in salesrooms, storerooms, warehouses or other places where seed is sold or delivered for seeding purposes, and shall be subject to the provisions of the seed law, unless clearly labeled "not for sale as seed. See North Carolina General Statutes 106-277.2
• seizure: means a legal process carried out by court order against a definite amount of seed. See North Carolina General Statutes 106-277.2
• 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
• Statute: A law passed by a legislature.
• stop-sale: means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed. See North Carolina General Statutes 106-277.2
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Threatened species: means any resident species of plant which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as threatened by the Federal Fish and Wildlife Service. See North Carolina General Statutes 106-202.12
• ton: means a net weight of 2,000 pounds avoirdupois. See North Carolina General Statutes 106-284.33
• treated: means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests which attack seeds or seedlings growing therefrom, or to improve the planting value of the seed. See North Carolina General Statutes 106-277.2
• Trustee: A person or institution holding and administering property in trust.
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• variety: means a subdivision of a kind characterized by growth, plant, fruit, seed or other constant characteristics by which it can be differentiated in successive generations from other sorts of the same kind; for example, Knox Wheat, Kobe Striate Lespedeza, Ranger Alfalfa, Kentucky 31 Tall Fescue. See North Carolina General Statutes 106-277.2
• vegetable seeds: shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seed in this State. See North Carolina General Statutes 106-277.2
• vendor: shall mean any person, not classified as a grower, who buys, sells or offers for sale any seed for seeding purposes and shall include any person who has seed grown under contract for resale for seeding purposes. See North Carolina General Statutes 106-277.2
• weed seeds: means the seeds, bulblets or tubers of all plants generally recognized as weeds within this State or which may be classified as weed seed by regulations promulgated under this Article. See North Carolina General Statutes 106-277.2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.