North Carolina General Statutes
Article 31 - North Carolina Seed Law.
§ 106-277.34 - Actions regarding defective seed claims; evidence.

106-277.34. Actions regarding defective seed claims; evidence.
(a) In any court action involving a complaint that has been the subject of an investigation under G.S. 106-277.32, any party may introduce evidence of seed quality, cultivation practices and procedures, and scientific opinion contained in the report of the Seed Board. Statements of the parties and recommendations of the Seed Board as resolution of the dispute are not admissible as evidence unless such evidence is otherwise discoverable.
(b) In any court action where a buyer alleges that he or she suffered damages due to the failure of agricultural or vegetable seed to produce or perform as labeled or warranted, or as the result of negligence, and the buyer failed to make a sworn complaint against the dealer as set forth in G.S. 106-277.30, the buyer's right to recover damages shall be limited to actual expenditures paid by the buyer to other persons for the cost of seed, labor, equipment, fertilizer, insecticide, herbicide, land rent, or other expenses incurred in connection with the cultivation of the seed alleged to be defective, less any value received by the buyer arising from the sale or transfer of any crops grown from the seed in question. (1998-210, s. 3.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 106 - Agriculture

Article 31 - North Carolina Seed Law.

§ 106-277 - Purpose.

§ 106-277.1 - Short title.

§ 106-277.2 - Definitions.

§ 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.

§ 106-277.9 - Prohibitions.

§ 106-277.10 - Exemptions.

§ 106-277.11 - Disclaimers, nonwarranties and limited warranties.

§ 106-277.12 - Records.

§ 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.