North Carolina Administrative Code

02 NCAC 43L .0608 GAMBLING The market manager shall have authority to order from the market any person gambling or under the influence of intoxicants or disorderly in conduct. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is…

02 NCAC 43L .0609 EMPLOYEES In order to effectuate these Rules of the market, all renters and users of the market are responsible for the actions of their employees. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary…

02 NCAC 43L .0610 PUBLIC OUTCRY No person shall make any public outcry, do "hawking" or give any musical or other entertainment for the purpose of drawing customers or to attract attention, or shoot fireworks or firearms at any time. History Note: Authority G.S. 106-22; 106-530; …

02 NCAC 43L .0611 CHURCHES Churches or other organizations selling food must have permission of the market manager to sell on the 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 …

02 NCAC 43L .0612 ADVERTISING No person shall distribute, scatter about, or post on the market any advertising, signs, pamphlets, cards, and bills, or other printed matter without the consent of the market manager. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 198…

02 NCAC 43L .0613 SANITATION Any renter or user of space on the market must keep his immediate premises reasonably clean, sanitary, and orderly. Persistent failure to carry out the market manager's orders in this respect shall constitute just and sufficient cause for the revocati…

02 NCAC 43L .0614 ABANDONMENT No buyer, vendor, renter or user or other person shall abandon produce, vehicles or other articles on the market. If such is done the manager may have such item(s) removed from the market at owner's expense or donate to a person who will dispose of s…

02 NCAC 43L .0615 HOUSEKEEPING Housekeeping or homesteading in the market is prohibited. 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 Eff. September 23, 2017.

02 NCAC 43L .0616 VEHICLES All vehicles must enter and leave the market area through entrances and exits so marked. 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 Eff. Septembe…

02 NCAC 43L .0617 SPEED Every person operating a vehicle on the property of the market shall drive such vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or do physical harm to any person. All parking signs, speed limit s…

02 NCAC 43L .0618 MECHANICAL EQUIPMENT All market leasees, renters or users are required to use all possible care in the operation of mechanical equipment used on the market property. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A,…

02 NCAC 43L .0619 PARKING The parking of automobiles and other motor vehicles of market tenants and their employees, shall be confined to spaces designated by the manager. Such automobiles shall not be parked on the market pavement where they will obstruct traffic or take up spac…

02 NCAC 43L .0620 UNSOUND PRODUCE No person shall sell produce which is unsound or unwholesome or which fails to meet the standards or requirements of federal, state or local laws and regulations. All North Carolina regulatory laws applying to weights, measures, marking of contai…

02 NCAC 43L .0621 INSPECTIONS The market manager may make or cause to be made any inspection or inspections which may be necessary and may prohibit the sale of any produce which does not conform with legal and stated market standards. History Note: Authority G.S. 106-22; 106-530;…

02 NCAC 43L .0622 PRICE AGREEMENTS No buyer or seller on the market shall enter into any price agreement or join any organization for the purpose of raising, lowering, or fixing abnormal or artificial prices of products on the market, or for the purpose of keeping products off th…

02 NCAC 43L .0623 DECEPTIVE PRACTICES Fraudulent, dishonest, and deceptive practices carried on at the market may be punishable by revocation of permit to sell on the market. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is …

02 NCAC 43L .0624 INSULTS No vendor shall do any act or use any language which appears to be intended thereby to insult another vendor or shopper or to intimidate a shopper into purchasing the produce which is his. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 198…

02 NCAC 43L .0625 FALSE REPORTS Persons who circulate false reports tending to upset or destroy the operations of the market or that may cause upset or damage to vendors in loss in prices shall be subject to expulsion from the market. History Note: Authority G.S. 106-22; 106-530;…

02 NCAC 43L .0626 TIPS OR GRATUITIES The market manager and all other employees of the market shall not engage in the buying or selling of any produce on the market, and shall not receive any tips or gratuities from any buyer or seller on the market. History Note: Authority G.S. …

02 NCAC 43L .0627 FAIR PRACTICES Vendors on the market must not approach a buyer for the purpose of making a sale while said buyer is in conversation with another vendor. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is nece…

02 NCAC 43L .0628 PILING Market tenants shall confine the piling and display of produce to the space leased by them. 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 Eff. Septemb…

02 NCAC 43L .0629 CULLS The manager may require that all produce sorted out as culls or otherwise considered of no commercial value shall be placed in containers and destroyed or removed from the market premises. The disposition of such product(s) shall be the responsibility of t…

02 NCAC 43L .0630 ABANDONED PRODUCE Abandoned produce and/or containers will be disposed of as follows, 24 hours after the rent has expired: (1) Produce. Inspectors will check and donate edible products to charitable institutions; (2) Containers. Will be removed and disposed of b…

02 NCAC 43L .0631 CHILDREN Children under 14 years of age shall not be permitted to roam or wander around the market unless accompanied by an adult who shall be responsible for the conduct of such minor. Wholesalers, retailers, truckers, farmers, and buyers who bring minors to th…

02 NCAC 43L .0632 PETS Tenants are not permitted to keep animals on the market without permission of market manager. 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 Eff. Septemb…

02 NCAC 43L .0633 SALAMANDER STOVES History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Repealed Eff. June 1, 1990.

02 NCAC 43L .0634 HOURS The manager shall have the authority to set opening and closing hours which are deemed to be in the best interest of market operations and the general public. Changes in hours currently in effect shall be posted in one or more conspicuous places and announ…

02 NCAC 43L .0635 PAYMENTS Payments for leases or rentals shall be made in advance. Persons or firms not paying by the 10th of the month for which the rental is due may be charged the maximum legal rate of interest for the amount due. History Note: Authority G.S. 106-22; 106-530;…

02 NCAC 43L .0636 DAMAGE TO MARKET PROPERTY Persons causing damage to market property shall be financially responsible for the cost of repairs or replacements. Such damage shall include, but not be limited to buildings, grounds, fences, gates, vehicles, and any other property own…

02 NCAC 43L .0637 SUB-LETTING The manager may prohibit the sub-letting or renting or leasing of any market facility or space by one tenant to any other person or firm. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessa…

02 NCAC 43L .0638 REMOVAL OF PROPERTY All tenants or users of the market shall remove any vehicle or item or property upon direction of the market manager. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without s…

02 NCAC 43L .0639 CUSTOMER COMPLAINTS It is the responsibility of all tenants on the market to satisfy customer complaints. Upon receipt of numerous complaints concerning the same tenant, the market manager may cancel the marketing privileges of the offending tenant. History Note…

02 NCAC 43L .0640 FALSE PACK No tenant shall use any false pack. As used herein, false pack means the topping or facing of containers with the best products exposed and poor products concealed underneath. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuan…

02 NCAC 43L .0641 ADDITIONAL FACILITIES No person shall erect any facility upon the market without the approval of the market manager. 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 int…

02 NCAC 43L .0642 SIGNS AND PRICE TAGS All signs and price tags must comply with market regulations. 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 Eff. September 23, 2017.

02 NCAC 43L .0643 VACATING SPACE Each trucker, when removing his truck from the assigned space (other than for short deliveries) shall leave the space clean for the next incoming vehicle. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21…

02 NCAC 43L .0644 DESIGNATING REPRESENTATIVE If a producer or dealer wishes to designate a person to represent him in his rented space, prior approval shall be obtained from the market manager or his representative. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 19…

02 NCAC 43L .0645 HOLDING SPACE Holding space by use of parked vehicles, small amount of produce, etc., will not be permitted. 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 .0646 STATIONARY VEHICLES Stationary vehicles designated for storage and/or refrigeration will be permitted only upon approval of the market manager. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary wit…

02 NCAC 43L .0647 ELECTRICITY Only those usages of electricity approved by the market will be permitted. 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 Eff. September 23, 2017.

02 NCAC 43L .0648 PRODUCE QUALITY At the discretion of the market manager, low quality produce may be required to be marked "Second Quality Produce". History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, rule is necessary without substan…

02 NCAC 43L .0649 REGULATORY ENFORCEMENT (a) The market manager may dispossess tenants for failure to abide by the regulations of the State Marketing Authority. (b) The market manager may cause to be removed from the market any person who fails to abide by the regulations of the …

02 NCAC 43L .0650 LIMITED SPACE If due to limited space available, the manager may restrict each payee to one space; may require all produce to be kept on trucks and not on pavement. History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Pursuant to G.S. 150B-21.3A, …

02 NCAC 43L .0651 SPUR TRACKS History Note: Authority G.S. 106-22; 106-530; Eff. January 1, 1985; Expired Eff. October 1, 2017 pursuant to G.S. 150B-21.3A.

SUBCHAPTER 43M - PROCESSING OF EGGS 02 NCAC 43M .0101 COMMINGLING OF SHELL AND EGG PROHIBITED History Note: Authority G.S. 106-245.16; 106-245.21; Eff. April 1, 1987; Expired Eff. October 1, 2017 pursuant to G.S. 150B-21.3A.

CHAPTER 46 - GRAIN DEALERS 02 NCAC 46 .0101 DEFINITION "Scale Ticket" means a written document or documents provided to the producer by the grain dealer in conjunction with the delivery of grain. History Note: Authority G.S. 106-609; Eff. August 1, 1984; Pursuant to G.S. 150B-21.…

02 NCAC 46 .0102 INFORMATION REQUIRED A grain dealer shall issue and make available to the producer a scale ticket within a reasonable time, not to exceed 24 hours after the delivery of grain. The scale ticket shall include at least the following information: (1) grain dealer's n…