NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 564

SENATE BILL 650

 

 

AN ACT TO AMEND ARTICLE 52 OF CHAPTER 14 OF THE GENERAL STATUTES RELATING TO KNOWINGLY DISTRIBUTING CERTAIN FOOD WHICH CONTAINS ANY SUBSTANCE THAT COULD BE INJURIOUS TO A PERSON'S HEALTH.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 52 of Chapter 14 of the General Statutes is hereby amended by inserting immediately after G.S. 14401.10 a new section to be numbered G.S. 14-401.11 and to read as follows:

"§ 14-401.11.  Distribution of certain food at Halloween and all other times prohibited. — (a) It shall be unlawful for any person to knowingly distribute, sell, give away or otherwise cause to be placed in a position of human accessibility, any food or eatable substance which that person knows to contain:

(1)        Any noxious or deleterious substance, material or article which might be injurious to a person's health or might cause a person any physical discomfort, or

(2)        Any barbiturate, stimulant, narcotic or hallucinogenic drug as defined in Chapter 90, Articles 5 and 5A, of the North Carolina General Statutes, or

(3)        Any poisonous chemical or compound or any foreign substance such as, but not limited to, razor blades, pins, and ground glass, which might cause death, serious physical injury or serious physical pain and discomfort.

(b)        Penalties.

(1)        Any person violating the provisions of G.S. 14-401.11(a)(1):

a.         Where the actual or possible effect on a person eating the food or substance was or would be limited to mild physical discomfort without any lasting effect, shall be guilty of a misdemeanor punishable in the discretion of the court.

b.         Where the actual or possible effect on a person eating the food or substance was or would be greater than mild physical discomfort without any lasting effect, shall be guilty of a felony punishable in the discretion of the court.

(2)        Any person violating the provisions of G.S. 14-401.11(a)(2) shall be guilty of a felony punishable by imprisonment in the Department of Correction for not less than two (2) nor more than ten (10) years.

(3)        Any person violating the provisions of G.S. 14-401.11(a)(3) shall be guilty of a felony punishable by imprisonment in the Department of Correction for not less than five (5) nor more than forty (40) years."

Sec. 2.  This act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 15th day of June, 1971.