North Carolina Administrative Code

02 NCAC 42 .0505 PROPANE AND BUTANE BRANDING (a) Commercial grade propane shall be branded and designated as "propane," and commercial grade butane shall be branded and designated as "butane." (b) Mixtures of butane and propane shall be branded and designated as "butane-propane m…

SECTION .0600 - CONDEMNED MOTOR FUELS AND LIQUID FUELS 02 NCAC 42 .0601 NONCONFORMITY OF MOTOR FUELS Whenever a motor fuel fails to conform with its registered specifications, all outlets to the container or tank shall be sealed, and the motor fuel shall not be removed or dispose…

02 NCAC 42 .0602 REMEDIES IN MOTOR FUELS (a) The owner of the condemned motor fuel may add a registered motor fuel of such quantity and quality to the condemned motor fuel to cause quality specifications of the condemned motor fuel to conform to its registered specifications so t…

02 NCAC 42 .0603 NONCONFORMITY OF LIQUID FUELS Whenever a liquid fuel product other than motor fuel fails to conform to its required specifications, all outlets to the container or tank shall be sealed, and the liquid fuel shall not be removed or disposed of except as provided fo…

02 NCAC 42 .0604 REMEDIES IN LIQUID FUELS The owner may remove the condemned liquid fuel from the container and blend it with other liquid fuel so that when blended, the quality of the blend will conform to the required specifications of the particular liquid fuel, provided this …

SECTION .0700 - PETROLEUM DEVICE TECHNICIANS 02 NCAC 42 .0701 QUALIFICATIONS AND REQUIREMENTS (a) Any person seeking to be a petroleum device technician shall make application to the director on forms provided by the director, supported by two letters of endorsement satisfactory …

02 NCAC 42 .0702 RE-REGISTRATION A petroleum device technician shall complete the registration form of 2 NCAC 42 .0701 annually except the two letters of endorsement. Failure to re-register will result in termination of the registration and prohibit said person from exercising th…

CHAPTER 43 - MARKETS SUBCHAPTER 43A - STRUCTURE AND POLICY 02 NCAC 43A .0101 ORGANIZATION History Note: Authority G.S. 106-185; 106-186; 106-187; 106-195; Eff. August 1, 1982; Repealed Eff. October 1, 1987.

02 NCAC 43A .0102 POLICY REGARDING SERVICES All services are rendered by the Markets Division as expeditiously as possible in light of constraints on time, personnel and other resources. No request is refused if it is within the means of the Division to handle it. History Note: A…

SUBCHAPTER 43B - MARKET NEWS SECTION 02 NCAC 43B .0101 PURPOSE The Market News Section shall accurately collect, analyze, summarize and disseminate market information (prices, supply, demand, conditions) on all major agricultural commodities in North Carolina. History Note: Autho…

02 NCAC 43B .0102 SOURCES OF INFORMATION The Market News Section shall determine which sources of information it will seek and rely on to provide what the service determines to be adequate and factual information on the basis of prescribed reporting procedures. Toward this end, t…

SUBCHAPTER 43C - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS SECTION .0100 - INSPECTION OF FARM: HORTICULTURAL CROPS AND ANIMAL PRODUCTS 02 NCAC 43C .0101 DEFINITIONS (a) Definitions referred to in this Subchapter shall be in effect throughout 02 NCAC 43C. (b) Wor…

02 NCAC 43C .0102 WHERE SERVICE IS OFFERED (a) Inspection may be made wherever products are offered for shipment or sale, including fields, orchards, packing houses, common and cold storage warehouses, loading platforms and railway and express cars, dressing plants and hatcheries…

02 NCAC 43C .0103 APPLICATION FOR INSPECTION (a) An application for inspection under the act may be made by any person having financial interest in the products involved, including the grower, shipper, receiver, or the carrier, or by authorized person in behalf of such applicant.…

02 NCAC 43C .0104 INSPECTION (a) The applicant shall cause the product of which inspection is requested to be made accessible for inspection and to be so placed as to disclose its quality and condition. (b) As many inspections shall be made as facilities permit and as far as prac…

02 NCAC 43C .0105 INSPECTION CERTIFICATES (a) The inspector shall sign and issue a separate certificate for each lot of produce inspected by him. In case two or more lots are loaded together, one certificate may be used; provided, that in case of inspection for any branch of the …

02 NCAC 43C .0106 PAYMENT OF FEES (a) When payment of fees is not made as directed, additional grading service may be refused until the applicant remits payment for all outstanding bills due the Department of Agriculture for grading services rendered. This fee may be collected in…

02 NCAC 43C .0107 FRAUD Any willful misrepresentation or any deceptive or fraudulent practice made or committed by any person in connection with the making or filing of an application, the use of a grading certificate or a certificate of quality issued under these Regulations; or…

02 NCAC 43C .0108 MISUSE OF OFFICIAL SEALS: BRANDS: TAGS: ETC. It shall be the duty of every official inspector of products to report each and every misuse of official seals, brands, tags, etc., which might be considered improper or would tend to approximate those used under thes…

SUBCHAPTER 43D - STANDARDS AND FEES 02 NCAC 43D .0101 GRAIN The Board of Agriculture hereby incorporates by reference, including the subsequent amendments and editions of the referenced materials: (1) The United States Grain Standards Act codified in 7 U.S. Code 1621 et. seq. exc…

02 NCAC 43D .0102 FRESH FRUITS AND VEGETABLES (a) The Board of Agriculture hereby incorporates by reference, including subsequent amendments and editions of the referenced materials, 7 C.F.R. 51. (b) Copies of the Code of Federal Regulations may be obtained from the Superintenden…

02 NCAC 43D .0103 POULTRY AND EGGS The Board of Agriculture hereby incorporates by reference, including the subsequent amendments and editions of the referenced materials: (1) 7 C.F.R. Parts 55, 56, 59 and 70, relating to eggs and poultry products; (2) The following standards of …

02 NCAC 43D .0104 LIVESTOCK Fees for grading livestock are thirty cents (30 cents) per head, with one hundred fifty dollars ($150.00) minimum per herd. History Note: Authority G.S. 106-185; 106-188; 106-189; 106-190; 106-195; Eff. August 1, 1982; Pursuant to G.S. 150B-21.3A, rule…

02 NCAC 43D .0105 FEE ASSESSMENT (a) All fees established in these Rules shall be maximum fees. Every effort is made to adjust fees downward if economic and agricultural conditions will permit such an adjustment. (b) Notification to all concerned parties shall be made immediately…

02 NCAC 43D .0106 MEATS AND MEAT PRODUCTS Pursuant to G.S. 150B-14(c), the Board of Agriculture hereby adopts by reference 7 C.F.R. Part 54 - Meats, Prepared Meats and Meat Products. History Note: Authority G.S. 106-188; 106-190; 106-195; Eff. December 1, 1991; Pursuant to G.S. 1…

SUBCHAPTER 43E - UNFAIR PRACTICES OF HANDLERS OF FRUITS AND VEGETABLES 02 NCAC 43E .0101 HANDLERS ON CASH BASIS History Note: Authority G.S. 106-496; 106-497; 106-500(3); Eff. August 1, 1982; Repealed Eff. January 1, 1985.

02 NCAC 43E .0102 HANDLERS-PERMITS (a) The applicant for a permit shall furnish to the Commissioner of Agriculture the following information: (1) place of business; (2) ownership of business; (3) date business was organized; (4) three references as to financial responsibility; (5…

02 NCAC 43E .0103 PROVISIONS TO BE COVERED IN ALL CONTRACTS The following provisions must be covered in all fruit and vegetable contracts: (1) Product. The kind of product and variety or type shall be specified in the contract. (2) Delivery. The opening and closing dates, the day…

02 NCAC 43E .0104 APPLICATION FOR PERMITS (a) The application for a permit as a handler of fruits and vegetables, on all spring crops, must be filed in writing with the Commissioner of Agriculture, along with two copies of the applicant's proposed contract, on or before March 1 o…

02 NCAC 43E .0105 VIOLATIONS-INVESTIGATION History Note: Authority G.S. 106-496; 106-500; Eff. August 1, 1982; Repealed Eff. January 1, 1985.

SUBCHAPTER 43F - MARKETING AND BRANDING: APPLES AND PEACHES SECTION .0100 - DEFINITIONS AND STANDARDS 02 NCAC 43F .0101 DEFINITIONS (a) For the purpose of these Regulations reference is made, unless otherwise specified to Chapter 106, Articles 17 and 18 of the General Statutes: (…

02 NCAC 43F .0102 ADMINISTRATION The Commissioner of Agriculture and his agents are charged with the supervision of the performance of all duties rising in the administration of this Section. History Note: Authority G.S. 106-186; 106-187; 106-195; Eff. August 1, 1982; Pursuant to…

02 NCAC 43F .0103 STANDARDS FOR RECEPTACLES: LABELING: ETC. All closed containers in which apples or peaches are packed for sale, exposed for sale, or offered for sale, shall clearly and conspicuously be marked immediately after the containers are closed in accordance with the fo…

02 NCAC 43F .0104 INSERTS Inserts may be used only where the outer wrapper is fully transparent (no printing of any type on the wrapper) and the printed information on the insert can be clearly read through the wrapper. History Note: Authority G.S. 106-185; 106-188; 106-189; 106-…

02 NCAC 43F .0105 SPLIT-LABELING "Split-Labeling" is not allowed, except for "Variety" which may be shown on the bag closure. All other markings and lettering must be shown on the principal display panel. History Note: Authority G.S. 106-185; 106-188; 106-189; 106-189.1; 106-189.…

02 NCAC 43F .0106 EXEMPTIONS All gift packages containing four or more different fruits are exempt from marking requirements. History Note: Authority G.S. 106-185; 106-188; 106-189; 106-189.1; 106-189.2; 106-195; 106-197; Eff. August 1, 1982; Pursuant to G.S. 150B-21.3A, rule is …

02 NCAC 43F .0107 ENROUTE OR AT DESTINATION TOLERANCES FOR APPLES A total of 40 percent for apples which fail to meet the requirements of the United States Standards for apples; provided, that included in this amount not more than 10 percent shall be allowed for permanent defects…

02 NCAC 43F .0108 POSSESSION AND OWNERSHIP OF APPLES AND PEACHES (a) It shall be unlawful for any person, firm or corporation to possess for purposes of sale any apples or peaches in closed containers which are not marked, branded or labeled according to the regulations adopted b…

02 NCAC 43F .0109 FRAUDULENT ADVERTISEMENT Any words, phrases, pictures or other representatives used in advertising the official grades, classifications or variety which misrepresent the product, whether written or oral, are prohibited. History Note: Authority G.S. 106-185; 106-…

02 NCAC 43F .0110 CUCUMBERS SIZE STANDARDS There are hereby established three cucumber size standards which shall be used when cucumbers are offered for sale or bought according to size and there shall be no other size standard used. The "Number One" size standard shall be any cu…

02 NCAC 43F .0111 THE STANDARD OF MEASURE Any person, firm or corporation who buys or sells cucumbers according to size shall provide ways and means of separating cucumbers into one or more of the standard sizes hereby established. However, said ways and means may provide for fur…

SUBCHAPTER 43G - AGRICULTURAL FAIRS 02 NCAC 43G .0101 CLASSIFICATION OF FAIRS Fairs shall be classified in two categories and shall be known as: (1) non-commercial community fairs; or (2) commercial agricultural fairs. A non-commercial community fair is one at which no admission …

02 NCAC 43G .0102 COMMERCIAL AGRICULTURAL FAIRS REGULATED All commercial agricultural fairs shall comply with the requirements set forth in this Section, but this Section shall not apply to non-commercial community fairs. History Note: Authority G.S. 106-520.3; Eff. August 1, 198…

02 NCAC 43G .0103 MINIMUM EXHIBITS (a) All commercial agricultural fairs shall be required to have the following minimum entries, but this shall not be construed as a limitation on the number of the entries which such fairs may have: (1) three 4-H clubs, or Future Farmers (FFA) o…

02 NCAC 43G .0104 PREMIUMS History Note: Authority G.S. 106-520.3; Eff. August 1, 1982; Amended Eff. May 1, 1983; Expired Eff. October 1, 2017 pursuant to G.S. 150B-21.3A.

02 NCAC 43G .0105 REPORTS Each organization holding a fair shall furnish such financial statements and such other reports as the Commissioner of Agriculture deems necessary and on such forms as the Commissioner of Agriculture may furnish, not later than 90 days after the closing …

02 NCAC 43G .0106 INSPECTION The Commissioner of Agriculture or his agents shall have access to the premises upon which any fair is held and shall have the right to inspect all records of such fairs. History Note: Authority G.S. 106-520.3; Eff. August 1, 1982; Pursuant to G.S. 15…

SUBCHAPTER 43H - MARKETING OF SHELL EGGS SECTION .0100 - DEFINITIONS AND STANDARDS (Transferred to 02 NCAC 09O .0101-.0107) 02 NCAC 43H .0101 DEFINITIONS (transferred to 02 NCAC 09O .0101)

02 NCAC 43H .0102 LOOSE EGG DISPLAYS (TRANSFERRED TO 02 ncac 09o .0102)

02 NCAC 43H .0103 STANDARDS FOR SHELL EGGS (transferred to 02 NCAC 09O .0103)