106-277.23. Notice of violations; hearings, prosecutions or warnings.
It shall be the duty of the Commissioner to give notice of every violation of the provisions of this Article with respect to agricultural or vegetable seeds, or mixtures of such seeds, to the person in whose hands such seeds are found, and to send copies of such notice to the shipper of such seed and to the person whose "analysis tag or label" is attached to the container of such seeds, in which notice the Commissioner may designate a time and place for a hearing. The person or persons involved shall have the right to introduce evidence either in person or by agent or attorney. If, after hearing, or without such hearing in the event the person fails or refuses to appear, the Commissioner is of the opinion that the evidence warrants prosecution he may institute proceedings in a court of competent jurisdiction in the locality which the violation occurred or, if he believes the public interest will be adequately served thereby, he may direct to the alleged violator a suitable written notice or warning. (1941, c. 114, s. 8; 1945, c. 828; 1949, c. 725; 1963, c. 1182; 2009-455, s. 9.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 31 - North Carolina Seed Law.
§ 106-277.3 - Label or tag requirements generally.
§ 106-277.5 - Labels for agricultural seeds.
§ 106-277.6 - Labels for vegetable seeds in containers of one pound or less.
§ 106-277.7 - Labels for vegetable seeds in containers of more than one pound.
§ 106-277.8 - Responsibility for presence of labels.
§ 106-277.11 - Disclaimers, nonwarranties and limited warranties.
§ 106-277.13 - Tolerances to be established and used in enforcement.
§ 106-277.14 - Administration.
§ 106-277.15 - Rules, regulations and standards.
§ 106-277.16 - Seed-testing facilities.
§ 106-277.17 - Registration and variety testing.
§ 106-277.18 - Registration and licensing of dealers.
§ 106-277.19 - Revocation, suspension, or refusal of license for cause; hearing; appeal.
§ 106-277.20 - Right of entry for purposes of inspection; duty of vendors.
§ 106-277.21 - Sampling, inspecting and testing; notice of violations.
§ 106-277.22 - Stop-sale orders; penalty covering expenses; appeal.
§ 106-277.23 - Notice of violations; hearings, prosecutions or warnings.
§ 106-277.24 - Penalty for violations.
§ 106-277.25 - Seizure and disposition of seeds violating Article.
§ 106-277.26 - Publication of test results and other information.
§ 106-277.27 - Cooperation with United States Department of Agriculture.
§ 106-277.28 - License and inspection fees.
§ 106-277.30 - Filing complaint; investigation; referral to Seed Board.
§ 106-277.31 - Notice required.
§ 106-277.32 - Seed Board created; membership; duties.
§ 106-277.33 - Duties of Seed Board.
§ 106-277.34 - Actions regarding defective seed claims; evidence.