State Codes and Statutes
Statutes > North-carolina > Chapter_106 > GS_106-277_34§ 106‑277.34. Actions regarding defective seed claims; evidence.
(a) In any court action involving a complaint that has been thesubject of an investigation under G.S. 106‑277.32, any party mayintroduce evidence of seed quality, cultivation practices and procedures, andscientific opinion contained in the report of the Seed Board. Statements of theparties and recommendations of the Seed Board as resolution of the dispute arenot admissible as evidence unless such evidence is otherwise discoverable.
(b) In any court action where a buyer alleges that he or shesuffered damages due to the failure of agricultural or vegetable seed toproduce or perform as labeled or warranted, or as the result of negligence, andthe buyer failed to make a sworn complaint against the dealer as set forth inG.S. 106‑277.30, the buyer's right to recover damages shall be limited toactual expenditures paid by the buyer to other persons for the cost of seed,labor, equipment, fertilizer, insecticide, herbicide, land rent, or other expensesincurred in connection with the cultivation of the seed alleged to bedefective, less any value received by the buyer arising from the sale ortransfer of any crops grown from the seed in question. (1998‑210, s. 3.)
