106-92.7. Registration of brands.
(a) Each separately identified product shall be registered before being sold, offered for sale, or distributed in this State. Registration fee shall be twenty-five dollars ($25.00) for each separately identified product in packages of 10 pounds or less. For each other separately identified product registration fee shall be five dollars ($5.00). The application for registration shall be submitted to the Commissioner on forms furnished by the Commissioner and shall be accompanied by the appropriate registration fee. Upon approval by the Commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on June 30 of each year.
(b) A distributor shall not be required to register any brand of agricultural liming material or landplaster which is already registered under this Article by another person, providing the label does not differ in any respect.
(c) In determining the acceptability of any product for registration, the Commissioner may require proof of claims made for the product. If no specific claims are made, the Commissioner may require proof of usefulness and value of the product. As evidence of proof, the Commissioner may rely on experimental data furnished by the applicant and may require that the data be developed by a recognized research or experimental institution. The Commissioner may further require that the data be developed from tests conducted under conditions identical to or closely related to those present in North Carolina. The Commissioner may reject any data not developed under those conditions and may rely on advice from sources such as the Cooperative Extension Service of North Carolina State University. (1979, c. 590; 1993, s. 144, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 8A - Sale of Agricultural Liming Materials and Landplaster.
§ 106-92.1 - Title of Article.
§ 106-92.2 - Purpose of Article.
§ 106-92.3 - Definitions of terms.
§ 106-92.4 - Enforcing official.
§ 106-92.7 - Registration of brands.
§ 106-92.8 - Tonnage feesreporting system.
§ 106-92.9 - Report of tonnage.
§ 106-92.10 - Inspection, sampling, analysis.
§ 106-92.11 - Deficienciesrefunds to consumer.
§ 106-92.12 - "Stop sale" orders.
§ 106-92.13 - Appeals from assessments and orders of Commissioner.
§ 106-92.14 - Penalties for violations of this Article.
§ 106-92.15 - Declaration of policy.
§ 106-92.16 - Authority of Board of Agriculture to make rules and regulations.