State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-277_22

§ 106‑277.22.  Stop‑saleorders; penalty covering expenses; appeal.

The Commissioner is authorized to issue and enforce a written orprinted "stop‑sale" order to the owner or custodian of any lotof agricultural or vegetable seeds which the Commissioner, or his authorizedagent, finds is in violation of any of the provisions of this Article or therules and regulations promulgated thereunder, which order shall prohibitfurther sale or movement of such seed until such officer has evidence that thelaw has been complied with and a written release has been issued to the owneror custodian of said seed by the enforcement officer. Any person violating thelabeling requirements of the law shall be subject to a penalty covering allcosts and expenses incurred in connection with the withdrawal from sale and therelease of said seed. With respect to seeds which have been denied sale asprovided in this section, the owner, custodian or the person labeling suchseeds shall have the right to appeal from such order to the superior court ofthe county in which the seeds are  found, praying for judgment as to thejustification of said order and for discharge of such seed from the orderprohibiting the same in accordance with the findings of the court; andprovided, further, that the provisions of this section shall not be construedas limiting the right of the enforcement officer to proceed as authorized byother sections of this Article. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725;1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)

State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-277_22

§ 106‑277.22.  Stop‑saleorders; penalty covering expenses; appeal.

The Commissioner is authorized to issue and enforce a written orprinted "stop‑sale" order to the owner or custodian of any lotof agricultural or vegetable seeds which the Commissioner, or his authorizedagent, finds is in violation of any of the provisions of this Article or therules and regulations promulgated thereunder, which order shall prohibitfurther sale or movement of such seed until such officer has evidence that thelaw has been complied with and a written release has been issued to the owneror custodian of said seed by the enforcement officer. Any person violating thelabeling requirements of the law shall be subject to a penalty covering allcosts and expenses incurred in connection with the withdrawal from sale and therelease of said seed. With respect to seeds which have been denied sale asprovided in this section, the owner, custodian or the person labeling suchseeds shall have the right to appeal from such order to the superior court ofthe county in which the seeds are  found, praying for judgment as to thejustification of said order and for discharge of such seed from the orderprohibiting the same in accordance with the findings of the court; andprovided, further, that the provisions of this section shall not be construedas limiting the right of the enforcement officer to proceed as authorized byother sections of this Article. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725;1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_106 > GS_106-277_22

§ 106‑277.22.  Stop‑saleorders; penalty covering expenses; appeal.

The Commissioner is authorized to issue and enforce a written orprinted "stop‑sale" order to the owner or custodian of any lotof agricultural or vegetable seeds which the Commissioner, or his authorizedagent, finds is in violation of any of the provisions of this Article or therules and regulations promulgated thereunder, which order shall prohibitfurther sale or movement of such seed until such officer has evidence that thelaw has been complied with and a written release has been issued to the owneror custodian of said seed by the enforcement officer. Any person violating thelabeling requirements of the law shall be subject to a penalty covering allcosts and expenses incurred in connection with the withdrawal from sale and therelease of said seed. With respect to seeds which have been denied sale asprovided in this section, the owner, custodian or the person labeling suchseeds shall have the right to appeal from such order to the superior court ofthe county in which the seeds are  found, praying for judgment as to thejustification of said order and for discharge of such seed from the orderprohibiting the same in accordance with the findings of the court; andprovided, further, that the provisions of this section shall not be construedas limiting the right of the enforcement officer to proceed as authorized byother sections of this Article. (1941, c. 114, s. 6; 1943, c. 203, s. 4; 1945, c. 828; 1949, c. 725;1953, c. 856, s. 5; 1957, c. 263, s. 3; 1963, c. 1182.)