106-644. Penalties.
(a) If anyone shall attempt to prevent inspection as provided in this Article or shall otherwise interfere with the Commissioner of Agriculture, or any of his agents, while engaging in the performance of his duties under this Article, or shall violate any provisions of this Article or any regulation of the Board of Agriculture adopted pursuant to this Article, he shall be guilty of a Class 3 misdemeanor. Each day's violation shall constitute a separate offense.
(b) The Commissioner may assess a civil penalty of not more than ten thousand dollars ($10,000) against a person who violates this Article or a rule adopted to implement this Article. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused by the violation. No civil penalty may be assessed under this section unless the person has been given the opportunity for a hearing pursuant to the Administrative Procedure Act, Chapter 150B of the General Statutes. If not paid within 30 days after the effective date of a final decision by the Commissioner, the penalty may be collected by any lawful means for the collection of a debt.
The clear proceeds of civil penalties assessed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1977, c. 238, s. 11; 1991, c. 349, s. 2; 1993, c. 539, s. 809; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 20.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 55 - North Carolina Bee and Honey Act of 1977.
§ 106-634 - Declaration of policy.
§ 106-636 - Powers and duties of Commissioner generally.
§ 106-637 - Authority of Board to accept gifts, enter contracts, etc.
§ 106-638 - Authority of Board to adopt regulations, standards, etc.
§ 106-639 - Regulations for control and prevention of diseases and disorders.
§ 106-639.1 - Permit to sell bees.
§ 106-640 - Authority of Commissioner to protect industry from diseases and disorders, etc.
§ 106-641 - Giving false information to Commissioner; hives; certificates, permits, etc.
§ 106-642 - Emergency action by Commissioner.
§ 106-643 - Designation of persons to administer Article; inspections, etc.
§ 106-645 - Limitations on local government regulation of hives.