§ 106-131. Permits governing manufacture of foods subject to contamination with microorganisms.
§ 106‑131. Permitsgoverning manufacture of foods subject to contamination with microorganisms.
(a) Whenever the Commissioner of Agriculture finds afterinvestigation by himself or his duly authorized agents, that the distributionin North Carolina of any class of food may, by reason of contamination withmicroorganisms during manufacture, processing, or packing thereof in anylocality in this State, be injurious to health, and that such injurious naturecannot be adequately determined after such articles have entered commerce, theCommissioner, then, and in such case only, shall promulgate regulationsproviding for the issuance, to manufacturers, processors, or packers of suchclass of food in such locality, of permits to which shall be attached such conditionsgoverning the manufacture, processing, or packing of such class of food, forsuch temporary period of time, as may be necessary to protect the publichealth; and after the effective date of such regulations, and during suchtemporary period, no person shall introduce or deliver for introduction intocommerce any such food manufactured, processed, or packed by any suchmanufacturer, processor, or packer unless such manufacturer, processor, orpacker holds a permit issued by the Commissioner as provided by suchregulations.
(b) The Commissioner of Agriculture is authorized to suspendimmediately upon notice any permit issued under authority of this section if itis found that any of the conditions of the permit have been violated. Theholder of a permit so suspended shall be privileged at any time to apply forthe reinstatement of such permit, and the Commissioner shall immediately afterprompt hearing and an inspection of the establishment, reinstate such permit ifit is found that adequate measures have been taken to comply with and maintainthe conditions of the permit, as originally issued, or as amended.
(c) Any officer or employee duly designated by the Commissionerof Agriculture shall have access to any factory or establishment, the operatorof which holds a permit from the Commissioner of Agriculture for the purpose ofascertaining whether or not the conditions of the permit are being compliedwith, and denial of access for such inspection shall be ground for suspensionof the permit until such access is freely given by the operator. (1939, c. 320, s. 12.)