§ 106-202.19. Unlawful acts; penalties; enforcement.
§ 106‑202.19. Unlawfulacts; penalties; enforcement.
(a) Unless the conductis covered under some other provision of law providing greater punishment, itis unlawful:
(1) To uproot, dig, takeor otherwise disturb or remove for any purpose from the lands of another, anyplant on a protected plant list without a written permit from the owner whichis dated and valid for no more than 180 days and which indicates the species orhigher taxon of plants for which permission is granted; except that theincidental disturbance of protected plants during agricultural, forestry ordevelopment operations is not illegal so long as the plants are not collectedfor sale or commercial use;
(2) To sell, barter,trade, exchange, export, offer for sale, barter, trade, exchange or export orgive away for any purpose including advertising or other promotional purposeany plant on a protected plant list, except as authorized according to therules and regulations of the Board;
(3) To violate any ruleof the Board promulgated under this Article;
(4) To dig ginseng onanother person's land, except for the purpose of replanting, between the firstday of April and the first day of September;
(5) To buy ginsengoutside of a buying season as provided by the Board without obtaining the requireddocuments from the person selling the ginseng;
(6) To buy ginseng forthe purpose of resale or trade without holding a currently valid permit as aginseng dealer;
(7) To fail to keeprecords as required under this Article, to refuse to make records available forinspection by the Board or its agent, or to use forms other than those providedfor the current year or harvest season by the Department of Agriculture andConsumer Services;
(8) To provide falseinformation on any record or form required under this Article;
(9) To make falsestatements or provide false information in connection with any investigationconducted under this Article;
(10) To possess anyprotected plant, or part thereof, which was obtained in violation of thisArticle or any rule adopted hereunder; or
(11) To violate a stopsale order issued by the Board or its agent.
(a1) Any person convictedof violating this Article, or any rule of the Board adopted pursuant to thisArticle shall be guilty of a Class 2 misdemeanor. Each illegal movement ordistribution of a protected plant shall constitute a separate violation. Inaddition, if any person continues to violate or further violates any provisionof this Article after written notice from the Board, the court may determinethat each day during which the violation continued or is repeated constitutes aseparate violation subject to the foregoing penalties.
(a2) A civil penalty ofnot more than two thousand dollars ($2,000) may be assessed by the Boardagainst any person guilty of violating this Article a second or subsequenttime. The clear proceeds of civil penalties assessed pursuant to thissubsection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.
(b) The Commissioner orany employee or agent of the Department of Agriculture and Consumer Servicesdesignated by the Commissioner to enforce the provisions of this Article, mayenter any place within the State at all reasonable times where plant materialsare being grown, transported, or offered for sale and require the presentationfor inspection of all pertinent papers and records relative to the provisionsof this Article, after giving notice in writing to the owner or custodian ofthe premises to be entered. If he refuses to consent to the entry, theCommissioner may apply to any district court judge and the judge may order,without notice, that the owner or custodian of the place permit theCommissioner to enter the place for the purposes herein stated and failure byany person to obey the order may be punished as for contempt.
(c) The Commissioner ofAgriculture is authorized to apply to the superior court for, and the courtshall have jurisdiction upon hearing and, for cause shown, to grant a temporaryor permanent injunction restraining any person from violating any provision ofG.S. 106‑202.19(a), regardless of whether there exists an adequate remedyat law. (1979,c. 964, s. 1; 1989, c. 508, s. 2; 1993, c. 539, s. 749; 1994, Ex. Sess., c. 24,s. 14(c); 1997‑261, ss. 40, 41; 1998‑215, s. 9; 2001‑487, s.43(b); 2007‑456, ss. 4, 5.)