(a) An inspection fee at the rate of three cents (3¢) for eachcarton of 48 cans shall be paid on canned pet food distributed in this State bythe person whose name appears on the label as the manufacturing distributor orguarantor subject to (b)(1), (2), (3), and (5) of this section.
(b) An inspection fee at the rate of twelve cents (12¢) per tonshall be paid on commercial feeds distributed in the State by the person whosename appears on the label of the commercial feed as the manufacturer,distributor or guarantor of the commercial feed, subject to the following:
(1) No fee shall be paid on a commercial feed if the payment hasbeen made by a previous distributor.
(2) No fee shall be paid on customer‑formula feeds if theinspection fee is paid on the commercial feeds which are used as ingredientstherein.
(3) No fee shall be paid on commercial feeds which are used asingredients or a base for the manufacture of commercial feeds which areregistered, if the fee has already been paid. If the inspection fee has alreadybeen paid on such commercial feed, the amount paid shall be deducted from thegross amount due on the total feed produced.
(4) In the case of a commercial feed other than canned pet foodwhich is distributed in the State only in packages of five pounds or less, anannual registration fee of forty dollars ($40.00) shall be paid in lieu of theinspection fee specified above.
(5) The minimum inspection fee shall be ten dollars ($10.00) perquarter unless no feed was sold in the State during the quarter.
(6) Manufacturers of commercial feeds may appear before theBoard, and after finding there exists a contract feeder relationship between amanufacturer of commercial feeds and an independent contractor, the Board mayissue annual numbered permits exempting that manufacturer of commercial feedfrom paying the inspection fee assessed by the provisions of this law for thatfeed delivered to the contract feeder. The manufacturer of ingredients whosells such ingredients to manufacturers of commercial feeds under thissubdivision shall have in his possession the exemption number of the permitreferred to in G.S. 106‑284.34(b) and/or the permit issued by the Boardunder this subdivision before the supplier may be relieved of theresponsibility for payment of the inspection fee. The holder of a validcontract feeder exemption permit shall be exempt from paying the inspection feeon all ingredients purchased for its own use, provided that at least one‑halfof the ingredients purchased in the previous calendar year were used in feeddelivered to contract feeders.
The holder of said permit may voluntarilyreturn said permit to the Commissioner for cancellation at which time saidholder may not apply for or receive another exemption permit under thissubdivision for a period of 12 months. The exemption permits under thissubdivision shall be renewable automatically every year by the Board withoutadditional findings of fact unless it is brought to the Board's attention bythe Commissioner or his duly designated officer or employee that there nolonger exists the relationship of a contract feeder between the manufacturer ofcommercial feeds and an independent contractor. In the event the Commissioneror his duly designated officer or employee notifies the Board when the permitis to be automatically renewed or anytime the permit is in effect, that thereno longer exists a contract feeder relationship for the permit holder, theBoard shall determine the veracity of the notification and revoke said permitif the facts are found to be true by the Board.
Commercial feeds exempt from inspectionfees under this subdivision shall not be subject to sampling and analysis otherthan as may be necessary to determine compliance with good manufacturingpractice regulations pertaining to medicated animal feed and medicated feedpremixes established under G.S. 106‑284.38(4) of this law.
(c) Each person who is liable for the payment of such fee shall:
(1) File, not later than the last day of January, April, Julyand October of each year, a quarterly statement setting forth the number of nettons of commercial feeds and/or cases of canned pet food distributed in thisState during the preceding calendar quarter, and upon filing such statementsshall pay the inspection fee at the rate stated in subsections (a) and (b) ofthis section. Inspection fees which are due and owing and have not beenremitted to the Commissioner within 15 days following the due date shall have apenalty fee of ten percent (10%) (minimum ten dollars ($10.00)) added to theamount due when payment is finally made. The assessment of this penalty feeshall not prevent the Commissioner from taking other actions as provided inthis Chapter.
(2) Keep such records as may be necessary or required by theCommissioner to indicate accurately the tonnage of commercial feed distributedin this State, and the Commissioner or his duly designated agent shall have theright to examine such records during normal business hours, to verify statementsof tonnage. Failure to make an accurate statement of tonnage or to pay theinspection fee or comply as provided herein shall constitute sufficient causefor the cancellation of all registrations on file for the distributor. (1973, c. 771, s. 11; 1975, c. 900, s. 2; c. 961, s. 2; 1987 (Reg.Sess., 1988), c. 1043; 1989, c. 544, s. 6; 2005‑276, s. 42.1(b).)
(a) An inspection fee at the rate of three cents (3¢) for eachcarton of 48 cans shall be paid on canned pet food distributed in this State bythe person whose name appears on the label as the manufacturing distributor orguarantor subject to (b)(1), (2), (3), and (5) of this section.
(b) An inspection fee at the rate of twelve cents (12¢) per tonshall be paid on commercial feeds distributed in the State by the person whosename appears on the label of the commercial feed as the manufacturer,distributor or guarantor of the commercial feed, subject to the following:
(1) No fee shall be paid on a commercial feed if the payment hasbeen made by a previous distributor.
(2) No fee shall be paid on customer‑formula feeds if theinspection fee is paid on the commercial feeds which are used as ingredientstherein.
(3) No fee shall be paid on commercial feeds which are used asingredients or a base for the manufacture of commercial feeds which areregistered, if the fee has already been paid. If the inspection fee has alreadybeen paid on such commercial feed, the amount paid shall be deducted from thegross amount due on the total feed produced.
(4) In the case of a commercial feed other than canned pet foodwhich is distributed in the State only in packages of five pounds or less, anannual registration fee of forty dollars ($40.00) shall be paid in lieu of theinspection fee specified above.
(5) The minimum inspection fee shall be ten dollars ($10.00) perquarter unless no feed was sold in the State during the quarter.
(6) Manufacturers of commercial feeds may appear before theBoard, and after finding there exists a contract feeder relationship between amanufacturer of commercial feeds and an independent contractor, the Board mayissue annual numbered permits exempting that manufacturer of commercial feedfrom paying the inspection fee assessed by the provisions of this law for thatfeed delivered to the contract feeder. The manufacturer of ingredients whosells such ingredients to manufacturers of commercial feeds under thissubdivision shall have in his possession the exemption number of the permitreferred to in G.S. 106‑284.34(b) and/or the permit issued by the Boardunder this subdivision before the supplier may be relieved of theresponsibility for payment of the inspection fee. The holder of a validcontract feeder exemption permit shall be exempt from paying the inspection feeon all ingredients purchased for its own use, provided that at least one‑halfof the ingredients purchased in the previous calendar year were used in feeddelivered to contract feeders.
The holder of said permit may voluntarilyreturn said permit to the Commissioner for cancellation at which time saidholder may not apply for or receive another exemption permit under thissubdivision for a period of 12 months. The exemption permits under thissubdivision shall be renewable automatically every year by the Board withoutadditional findings of fact unless it is brought to the Board's attention bythe Commissioner or his duly designated officer or employee that there nolonger exists the relationship of a contract feeder between the manufacturer ofcommercial feeds and an independent contractor. In the event the Commissioneror his duly designated officer or employee notifies the Board when the permitis to be automatically renewed or anytime the permit is in effect, that thereno longer exists a contract feeder relationship for the permit holder, theBoard shall determine the veracity of the notification and revoke said permitif the facts are found to be true by the Board.
Commercial feeds exempt from inspectionfees under this subdivision shall not be subject to sampling and analysis otherthan as may be necessary to determine compliance with good manufacturingpractice regulations pertaining to medicated animal feed and medicated feedpremixes established under G.S. 106‑284.38(4) of this law.
(c) Each person who is liable for the payment of such fee shall:
(1) File, not later than the last day of January, April, Julyand October of each year, a quarterly statement setting forth the number of nettons of commercial feeds and/or cases of canned pet food distributed in thisState during the preceding calendar quarter, and upon filing such statementsshall pay the inspection fee at the rate stated in subsections (a) and (b) ofthis section. Inspection fees which are due and owing and have not beenremitted to the Commissioner within 15 days following the due date shall have apenalty fee of ten percent (10%) (minimum ten dollars ($10.00)) added to theamount due when payment is finally made. The assessment of this penalty feeshall not prevent the Commissioner from taking other actions as provided inthis Chapter.
(2) Keep such records as may be necessary or required by theCommissioner to indicate accurately the tonnage of commercial feed distributedin this State, and the Commissioner or his duly designated agent shall have theright to examine such records during normal business hours, to verify statementsof tonnage. Failure to make an accurate statement of tonnage or to pay theinspection fee or comply as provided herein shall constitute sufficient causefor the cancellation of all registrations on file for the distributor. (1973, c. 771, s. 11; 1975, c. 900, s. 2; c. 961, s. 2; 1987 (Reg.Sess., 1988), c. 1043; 1989, c. 544, s. 6; 2005‑276, s. 42.1(b).)
(a) An inspection fee at the rate of three cents (3¢) for eachcarton of 48 cans shall be paid on canned pet food distributed in this State bythe person whose name appears on the label as the manufacturing distributor orguarantor subject to (b)(1), (2), (3), and (5) of this section.
(b) An inspection fee at the rate of twelve cents (12¢) per tonshall be paid on commercial feeds distributed in the State by the person whosename appears on the label of the commercial feed as the manufacturer,distributor or guarantor of the commercial feed, subject to the following:
(1) No fee shall be paid on a commercial feed if the payment hasbeen made by a previous distributor.
(2) No fee shall be paid on customer‑formula feeds if theinspection fee is paid on the commercial feeds which are used as ingredientstherein.
(3) No fee shall be paid on commercial feeds which are used asingredients or a base for the manufacture of commercial feeds which areregistered, if the fee has already been paid. If the inspection fee has alreadybeen paid on such commercial feed, the amount paid shall be deducted from thegross amount due on the total feed produced.
(4) In the case of a commercial feed other than canned pet foodwhich is distributed in the State only in packages of five pounds or less, anannual registration fee of forty dollars ($40.00) shall be paid in lieu of theinspection fee specified above.
(5) The minimum inspection fee shall be ten dollars ($10.00) perquarter unless no feed was sold in the State during the quarter.
(6) Manufacturers of commercial feeds may appear before theBoard, and after finding there exists a contract feeder relationship between amanufacturer of commercial feeds and an independent contractor, the Board mayissue annual numbered permits exempting that manufacturer of commercial feedfrom paying the inspection fee assessed by the provisions of this law for thatfeed delivered to the contract feeder. The manufacturer of ingredients whosells such ingredients to manufacturers of commercial feeds under thissubdivision shall have in his possession the exemption number of the permitreferred to in G.S. 106‑284.34(b) and/or the permit issued by the Boardunder this subdivision before the supplier may be relieved of theresponsibility for payment of the inspection fee. The holder of a validcontract feeder exemption permit shall be exempt from paying the inspection feeon all ingredients purchased for its own use, provided that at least one‑halfof the ingredients purchased in the previous calendar year were used in feeddelivered to contract feeders.
The holder of said permit may voluntarilyreturn said permit to the Commissioner for cancellation at which time saidholder may not apply for or receive another exemption permit under thissubdivision for a period of 12 months. The exemption permits under thissubdivision shall be renewable automatically every year by the Board withoutadditional findings of fact unless it is brought to the Board's attention bythe Commissioner or his duly designated officer or employee that there nolonger exists the relationship of a contract feeder between the manufacturer ofcommercial feeds and an independent contractor. In the event the Commissioneror his duly designated officer or employee notifies the Board when the permitis to be automatically renewed or anytime the permit is in effect, that thereno longer exists a contract feeder relationship for the permit holder, theBoard shall determine the veracity of the notification and revoke said permitif the facts are found to be true by the Board.
Commercial feeds exempt from inspectionfees under this subdivision shall not be subject to sampling and analysis otherthan as may be necessary to determine compliance with good manufacturingpractice regulations pertaining to medicated animal feed and medicated feedpremixes established under G.S. 106‑284.38(4) of this law.
(c) Each person who is liable for the payment of such fee shall:
(1) File, not later than the last day of January, April, Julyand October of each year, a quarterly statement setting forth the number of nettons of commercial feeds and/or cases of canned pet food distributed in thisState during the preceding calendar quarter, and upon filing such statementsshall pay the inspection fee at the rate stated in subsections (a) and (b) ofthis section. Inspection fees which are due and owing and have not beenremitted to the Commissioner within 15 days following the due date shall have apenalty fee of ten percent (10%) (minimum ten dollars ($10.00)) added to theamount due when payment is finally made. The assessment of this penalty feeshall not prevent the Commissioner from taking other actions as provided inthis Chapter.
(2) Keep such records as may be necessary or required by theCommissioner to indicate accurately the tonnage of commercial feed distributedin this State, and the Commissioner or his duly designated agent shall have theright to examine such records during normal business hours, to verify statementsof tonnage. Failure to make an accurate statement of tonnage or to pay theinspection fee or comply as provided herein shall constitute sufficient causefor the cancellation of all registrations on file for the distributor. (1973, c. 771, s. 11; 1975, c. 900, s. 2; c. 961, s. 2; 1987 (Reg.Sess., 1988), c. 1043; 1989, c. 544, s. 6; 2005‑276, s. 42.1(b).)
