INCREASED PENALTY/SEED LAW VIOLATIONS.-AB

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View NCGA Bill Details2013-2014 Session
Senate Bill 455 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO INCREASE PENALTIES FOR VIOLATION OF THE SEED LAW.
Intro. by Cook, Rabin, Barefoot.
Status: Ch. SL 2013-345 (Senate Action) (Jul 23 2013)

Bill History:

S 455/S.L. 2013-345

Bill Summaries:

  • Bill S 455 (SL 2013-345) (2013-2014)
    Summary date: Jul 25 2013 - View Summary

    AN ACT TO INCREASE PENALTIES FOR VIOLATION OF THE SEED LAW. Enacted July 23, 2013. Effective December 1, 2013.

    Agriculture
    GS 106
  • Bill S 455 (2013-2014)
    Summary date: Jul 11 2013 - View Summary

    House amendment to the 2nd edition makes the following changes. Amends GS 106-277.24 by adding that the fine for violations of the Article (NC Seed Law) does not apply to a retailer with respect to any transaction where the seed the retailer sold was acquired in a sealed container or package or the retailer did not have reasonable knowledge that the seed sold was in violation of the Article.

    Agriculture
    GS 106
  • Bill S 455 (2013-2014)
    Summary date: Apr 9 2013 - View Summary

    Senatecommittee substitute makes the following changes to the 1st edition. Amends GS 106-277.24 to delete provision that violators of the seed law have the ordinary right of appeal from judgments of the district and superior courts as provided by law. Also deletes language providing that the right of appeal to superior court provided by GS 106-277.19 is not available to a violator whose seed license is ordered suspended by the court. Deletes provision that the court may order the Commissioner of Agriculture (Commissioner)to suspend the violator's seed license as provided in GS 106-277.19 for up to three years.

    Amends GS 106-277.19 to provide that the Commissioner is authorized to suspend any seed license for a period of no more than three years in accordance with GS Chapter 150B. Deletes provision requiring the opportunity for a hearing before the Commissioner before a license can be revoked or refused. Also deletes provision permitting any person who is refused a license or whose license is revoked by any order of the Commissioner to appeal to the Superior Court of Wake County or the superior court of the county of residence of that person within 30 days from the issuance of that order.

    Agriculture
    GS 106
  • Bill S 455 (2013-2014)
    Summary date: Mar 26 2013 - View Summary

    Identical to H 369, filed 3/20/13.

    Amends GS 106-277.24 to increase the cap on the fine for a violation of the seed law from $500 to $10,000. Requires that the court consider the retail value of the seed when determining the fine amount and requires the payment of restitution for losses occurred when the case involves the unlawful sale of a protected seed. Allows the court to order the suspension of a violator's seed license for up to three years. Provides that violators have the ordinary right of appeal from judgments of the district and superior courts. Applies to offenses committed on or after December 1, 2013.

    Agriculture
    GS 106
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