106-277.24. Penalty for violations.
Any person, firm or corporation violating any provision of this Article or any rule or regulation adopted pursuant thereto shall be guilty of a Class 3 misdemeanor and upon conviction thereof shall pay a fine of not more than ten thousand dollars ($10,000). This fine shall not apply, however, to a retailer with respect to any transaction where the seed sold by the retailer was acquired by the retailer in a sealed container or package, or the retailer did not have reasonable knowledge that the seed sold was in violation of this Article. In determining the amount of the fine, the court shall consider the retail value of the seed sold in violation of the law, and in cases involving the unlawful sale of seed protected under the federal Plant Variety Protection Act, the court shall order the payment of restitution to any injured party for any losses incurred as a result of the unlawful sale. (1941, c. 114, s. 8; 1945, c. 828; 1949, c. 725; 1963, c. 1182; 1993, c. 539, s. 758; 1994, Ex. Sess., c. 24, s. 14(c); 2013-345, s. 1(b).)
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.