North Carolina Administrative Code

02 NCAC 43H .0104 SANITATION AND MATERIALS (transferred to 02 NCAC 09O .0104)

02 NCAC 43H .0105 SALE OF INEDIBLE OR LOSS EGGS TO CONSUMER PROHIBITED (transferred to 02 NCAC 09O .0105)

02 NCAC 43H .0106 DETERMINING GRADES (transferred to 02 NCAC 09O .0106)

02 NCAC 43H .0107 SPECIAL REQUIREMENTS (Transferred to 02 NCAC 09O .0107)

02 NCAC 43I .0448 VIOLATION History Note: Authority G.S. 106-530; Eff. July 26, 1977; Repealed Eff. November 1, 1982.

02 NCAC 43I .0449 REGULATORY ENFORCEMENT History Note: Authority G.S. 106-530(2)(9)(10); Eff. November 1, 1982; Repealed Eff. January 1, 1985.

02 NCAC 43L .0303 CLASSIFICATION OF EVENT For the purposes of applying equitable rental rates based on the purposes for which the facilities are used, an event shall be classified in one of the following categories by Western North Carolina Agricultural Center Manager: (1) Agricu…

02 NCAC 43L .0306 INTERPRETATION AND VIOLATION (a) The Western North Carolina Agricultural Center Manager shall have authority to enforce these Rules and settle and determine all matters, questions and differences in regard thereto, or otherwise arising out of, connected with or …

02 NCAC 43L .0307 TRAFFIC REGULATIONS (a) North Carolina laws relating to traffic, parking and the operation of motor vehicles shall be in full force and effect as to all parts of the Western North Carolina Agricultural Center. (b) Parking on the Agricultural Center grounds is pe…

02 NCAC 43L .0308 ADVERTISING MATTER (a) Distribution of advertising material or matter of any kind, nature, or description by concessionaires, exhibitors, patrons attending annual exhibitions on the Western North Carolina Agricultural Center grounds, political parties, or by any…

02 NCAC 43L .0309 ADMISSION REGULATIONS (a) All persons entering the Western North Carolina Agricultural Center grounds during the North Carolina Mountain State Fair must have an admission ticket, except persons holding worker's permits. Fair management shall issue one-time-only …

02 NCAC 43L .0310 GENERAL (a) Any person or persons who shall make, aid, countenance or assist in making any noise, riot, disturbance and all persons who shall collect in bodies or crowds on the Western North Carolina Agricultural Center grounds for unlawful purposes or to the an…

02 NCAC 43L .0311 BOOTH RULE (a) Solicitation of donations or the sale, offering for sale or distribution of any item, including written or printed material, is prohibited, except from an assigned space in compliance with 02 NCAC 43L. This Rule does not apply to wholesale vendors…

02 NCAC 43L .0312 COMMERCIAL EXHIBITS AND CONCESSIONS (a) The Western North Carolina Agricultural Center management shall allow the lessee to handle the sale of all exhibit space within the confined leased facilities, with the exception of the North Carolina Mountain State Fair. …

02 NCAC 43L .0313 APPLICATIONS Mountain State Fair Application for space either in buildings or on the grounds shall be directed to: Western North Carolina Agricultural Center 1301 Fanning Bridge Road Fletcher, North Carolina 28732 History Note: Authority G.S. 106-530; 106-6.1; E…

02 NCAC 43L .0314 OCCUPANCY OF SPACE (a) This Rule applies only to the North Carolina Mountain State Fair. Any other event occupancy of space will be handled by the event promoter. (b) No space shall be occupied until full payment is made. The original copy of the rental contract…

02 NCAC 43L .0315 FORFEITURE (a) This Rule applies only to the North Carolina Mountain State Fair. For any other event, the promoter of the event may establish their own forfeiture rule. (b) Space assigned and not occupied by 4:00 p.m. on the first day of the fair, as well as all…

02 NCAC 43L .0316 EXTORTION OF FAIR PATRONS OF THE WNC AGRICULTURAL CENTER Any extortion practiced by a lessee or anyone working under the lessee's contract may, in the discretion of the Agricultural Center management, serve as grounds for the forfeiture of contract money paid, o…

02 NCAC 43L .0317 REMOVAL OF STRUCTURES AND MATERIAL Any person, firm or corporation owning buildings or materials upon the Agricultural Center grounds without lease, or whose lease has expired, who shall fail to remove same within 72 hours, shall forfeit all claim thereto and th…

02 NCAC 43L .0318 AREA RESTRICTIONS During the North Carolina Mountain State Fair a lessee must confine his business, and the promotion and advertising of same on the Agricultural Center grounds to the space assigned him. Failure to comply with this Rule may subject lessee to for…

02 NCAC 43L .0319 LOUDSPEAKERS No loudspeaker, amplifier, radio or other broadcasting device is permitted on the Agricultural Center grounds unless written permission is obtained from the Western North Carolina Agricultural Center Manager. Approved loudspeakers must be kept at a …

02 NCAC 43L .0320 DRESS OF LESSEES Lessees and their employees must wear reasonably clean clothing. Persons found working, in violation of this Rule, shall be required to comply or leave the grounds. History Note: Authority G.S. 106-530; 106-6.1; Eff. June 1, 1994; Pursuant to G.…

02 NCAC 43L .0321 STORAGE TRAILERS Storage trailers will be allowed for any event where a lessee has rented or leased an entire building or the entire grounds. During the Mountain State Fair trailers used for storage of supplies or offices as a direct part of the concessions or e…

02 NCAC 43L .0322 DISPLAY OR SALE OF WEAPONS The display or sale of weapons of any type is prohibited on the Agricultural Center grounds unless such display, sale or distribution is specifically authorized under the terms of an exhibit or concession contract executed by the Agric…

02 NCAC 43L .0323 AUTHORITY TO PROHIBIT CERTAIN EXHIBITS The Agricultural Center Manager shall have authority to deny acceptance or prohibit the showing of any exhibit, animal, concession or show that may be falsely entered or represented; to deny acceptance or prohibit the showi…

02 NCAC 43L .0324 ASSIGNMENT OF CONTRACTS Contracts or portions thereof may not be assigned, interest therein sublet, or otherwise disposed of without the written consent of the manager. Obligations provided for in said contracts, including payments for space, electrical hook-up,…

02 NCAC 43L .0325 GAS OR ELECTRIC SERVICE (a) The Agricultural Center is not responsible or liable for failure of electric service. (b) No one shall tamper with, or change, any of the general lighting in any of the Agricultural Center buildings, and no electric connection, exclud…

02 NCAC 43L .0326 EXHIBITS AND EXHIBITORS (a) The entry department will be open to receive and return exhibits two days prior to the North Carolina Mountain State Fair and two days following the fair, 9:00 a.m. to 5:00 p.m. (b) On the last night of the fair, after closing of the …

02 NCAC 43L .0327 LIVESTOCK SANITATION AND OFFICIAL VETERINARIAN (a) All livestock exhibits will be subject to the rules and policies as established by the State Veterinarian. (b) Premises and Management: (1) All buildings for the use of animals, including exhibition halls or rin…

02 NCAC 43L .0328 ENTRY REQUIREMENTS (a) All applications for entry must be made in accordance with instructions and rules of the department premium list. Entry blanks and department rules may be obtained from: Entry Department Western North Carolina Agricultural Center 1301 Fann…

02 NCAC 43L .0329 JUDGES AND JUDGING (a) The judges shall read carefully the general rules and all special rules under the head of the department or class in which they are to serve, and especially note and follow those rules bearing on the classes to be judged by them. (b) Judge…

02 NCAC 43L .0330 PROTESTS AND APPEALS (a) All protests from a decision of a judge must be made by noon the day after the award has been made to: Fair Manager Western North Carolina Agricultural Center 1301 Fanning Bridge Road Fletcher, North Carolina 28732 An award is made when …

02 NCAC 43L .0331 PREMIUMS AND AWARDS (a) The following colors will be used in designating awards except for a horse show: (1) Championship or Sweepstakes Royal Purple (2) Reserve Champion Lavender (3) First Premium Blue (4) Second Premium Red (5) Third Premium White (6) Fourth P…

02 NCAC 43L .0332 AVAILABILITY OF FACILITIES Use of buildings and grounds shall be subject to the approval of the manager of the Western North Carolina Agricultural Center on the basis of the following: (1) being in the public interest; (2) not in conflict with activities arrange…

02 NCAC 43L .0333 REHEARSALS: MOVE-IN AND MOVE-OUT PERIODS For setting up and closing down, the following shall apply: (1) Any horse shows under contract for more than one day shall have up to two days to move in and one day to move out. (2) Other livestock events shall have one …

02 NCAC 43L .0334 LIABILITY Lessee shall be responsible for any damage to buildings, their fixtures and furnishings, and to all other buildings, land and structures on the Western North Carolina Agricultural Center grounds resulting from or incident to contracted use. Lessee shal…

02 NCAC 43L .0335 RESERVATIONS AND PAYMENT OF CHARGES (a) A tentative reservation may be made for use of the building(s) by any organization, group, firm or individual approved by the manager of the Western North Carolina Agricultural Center, subject to the availability of the fa…

02 NCAC 43L .0336 CONCESSIONS The Western North Carolina Agricultural Center reserves the right to operate or lease any and all concession stands and sales within the arena building and elsewhere on the Agricultural Center grounds and lessee shall have no claim to any revenue fro…

02 NCAC 43L .0337 ALCOHOLIC BEVERAGES (a) The possession, sale, or consumption of any alcoholic beverage shall be in compliance with the State alcoholic beverage control laws set forth in G.S. 18B and rules set forth in 14B NCAC 15. (b) The sampling or sale of alcoholic beverages…

02 NCAC 43L .0338 CONDITIONS FOR RENTAL OF FACILITIES For purposes of this Chapter, "day" means the time used between 8:00 a.m. and 12:00 midnight or any fraction thereof. Time prior to or after the day shall be charged at a rate of fifty dollars ($50.00) per hour plus attending …

02 NCAC 43L .0409 FEES FOR SPECIAL EVENTS History Note: Authority G.S. 106-530; 106-6.1; Eff. October 1, 1989; Temporary Repeal Eff. January 1, 2004; Repealed Eff. June 1, 2004.

SECTION .0500 - AUTHORITY: DUTIES AND RESPONSIBILITY OF MANAGER 02 NCAC 43L .0501 APPLICABILITY The rules contained in this Subchapter are applicable to all facilities operated by the State Marketing Authority, including the Western North Carolina Horse and Livestock Facility in …

02 NCAC 43L .0502 SUPERVISION OF PERSONNEL The manager shall have the authority to employ and supervise such personnel as may be needed to properly conduct the general operations of the market, including but not limited to secretarial assistance, persons referred to as "gatemen" …

02 NCAC 43L .0503 FUTURE DEVELOPMENT The manager shall plan for future development of the market, design and modify buildings, and oversee all repairs needed. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary withou…

02 NCAC 43L .0504 COLLECTIONS The manager shall assess and collect the necessary fees, charges and rentals to cover the cost of market operations including salaries, wages, heat, lights, water, alterations, repairs to buildings and grounds, construction of new facilities, and oth…

02 NCAC 43L .0505 CREATION OF RULES The manager shall enforce or direct the enforcement of the operational rules contained in this Subchapter. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive pu…

SECTION .0600 - OPERATIONAL RULES 02 NCAC 43L .0601 APPLICABILITY (a) The rules contained in this Subchapter are applicable to all facilities operated by the North Carolina Department of Agriculture. (b) The rules contained in this Subchapter shall apply to the Western North Caro…

02 NCAC 43L .0602 GENERAL CONTROL The market manager shall have the general control and supervision of the market, its buildings, streets and alleyways and the adjoining areas, and shall collect all fees and rentals from all renters and users of the market. In all the rules and r…

02 NCAC 43L .0603 REQUIRED FEES All renters and users of the market must pay the required fee or rental of use of said market. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Ef…

02 NCAC 43L .0604 DENIAL The market manager has the authority to deny any person the privilege of operating on the market who, in his judgment, is using methods that are detrimental to attendance at the market or contrary to market policies. History Note: Authority G.S. 106-22; 1…