NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1187

SENATE BILL 816

 

 

AN ACT AMENDING ARTICLE 31A OF CHAPTER 106 RELATING TO THE SALE AND USE OF SEED POTATOES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The last paragraph of G.S. 106-284.6 is rewritten as follows:

"Irish potatoes and sweet potatoes, when the same are intended for propagation purposes, shall mean Irish and sweet potatoes which conform to the standards of the U.S. Department of Agriculture for 'U.S. No. 1' potatoes except that Irish and sweet potatoes which have no serious damage from sunburn, hollow heart and growth cracks shall be deemed to meet the requirements of this Article. 'Serious damage' as used herein shall be defined as defined in the U.S. Standards for Potatoes."

Sec. 2.  The first paragraph of G.S. 106-284.7 is rewritten as follows:

"It shall be unlawful for any person, firm or corporation to pack for sale, offer or expose for sale, sell, ship into this State, or accept or receive in this State for propagation purposes, or plant in this State, any Irish potatoes, sweet potatoes or parts thereof which do not conform to the standards set out in G.S. 106-284.6."

Sec. 3.  G.S. 106-284.8 is amended by inserting the words "or use" after the word "sale" and before the word "for" in line 5 thereof.

Sec. 4.  G.S. 106-284.9(b) and (c) are rewritten as follows:

"(b)      When the Commissioner or his authorized agent finds Irish potatoes and sweet potatoes or parts thereof offered or exposed for sale or held for the purpose of propagation in violation of any provision of this Article or any rule or regulation adopted pursuant thereto, he shall issue and deliver a written order to the owner or custodian of any such potatoes prohibiting the sale or use of such potatoes for propagation purposes and it shall be unlawful for anyone, after receipt of such order, to use, sell or dispose of such potatoes for propagation purposes.

(c)        When any Irish or sweet potatoes are found to be in violation of this Article, the owner or person in whose possession such potatoes are found shall be required to furnish the Commissioner evidence acceptable to him that the potatoes are or will be disposed of for purposes other than propagation."

Sec. 5.  G.S. 106-284.10 is rewritten as follows:

"§ 106-284.10.  Notwithstanding any other provision of this Article, the Commissioner is authorized, in his discretion, when the public necessity, welfare, economy or an emergency situation requires, to permit, for such time as he deems necessary, the shipment into the State, sale and propagation in the State of potatoes which do not meet the standards contained in G.S. 106-284.6 but which meet such other lower standards as the Commissioner shall by regulation require.

The Commissioner of Agriculture may permit any person, firm or corporation to receive Irish and sweet potatoes or parts thereof, which are below the standards set forth in G.S. 106‑284.6, for experimental or scientific purposes, provided written permission has been obtained from the Commissioner prior to the receipt of said Irish and sweet potatoes or parts thereof."

Sec. 6.  G.S. 106-284.11 is rewritten as follows:

"§ 106-284.11.  Nothing in this Article shall prohibit the sale or use for propagation purposes in this State of Irish or sweet potatoes or parts thereof grown in any State when sold by the grower thereof to a planter having personal knowledge of the conditions under which such potatoes were grown."

Sec. 7.  This act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.