§ 106-520.3A. Animal exhibition regulation; permit required; civil penalties.
§ 106‑520.3A. Animal exhibition regulation;permit required; civil penalties.
(a) Title. This section may be referred to as "Aedin'sLaw". This section provides for the regulation of animal exhibitions asthey may affect the public health and safety.
(b) Definitions. As used in this section, unless the contextclearly requires otherwise:
(1) "Animal" means only those animals that maytransmit infectious diseases.
(2) "Animal exhibition" means any sanctionedagricultural fair where animals are displayed on the exhibition grounds forphysical contact with humans.
(c) Permit Required. No animal exhibition may be operated foruse by the general public unless the owner or operator has obtained anoperation permit issued by the Commissioner. The Commissioner may issue anoperation permit only after physical inspection of the animal exhibition and adetermination that the animal exhibition meets the requirements of this sectionand rules adopted pursuant to this section. The Commissioner may deny, suspend,or revoke a permit on the basis that the exhibition does not comply with thissection or rules adopted pursuant to this section.
(d) Rules. For the protection of the public health and safety,the Commissioner of Agriculture, with the advice and approval of the StateBoard of Agriculture, and in consultation with the Division of Public Health ofthe Department of Health and Human Services, shall adopt rules concerning theoperation of and issuance of permits for animal exhibitions. The rules shallinclude requirements for:
(1) Education and signage to inform the public of health andsafety issues.
(2) Animal areas.
(3) Animal care and management.
(4) Transition and nonanimal areas.
(5) Hand‑washing facilities.
(6) Other requirements necessary for the protection of thepublic health and safety.
(e) Educational Outreach. The Department shall continue itsconsultative and educational efforts to inform agricultural fair operators,exhibitors, agritourism business operators, and the general public about thehealth risks associated with diseases transmitted by physical contact withanimals.
(f) Civil Penalty. In addition to the denial, suspension, orrevocation of an operation permit, the Commissioner may assess a civil penaltyof not more than five thousand dollars ($5,000) against any person who violatesa provision of this section or a rule adopted pursuant to this section. Indetermining the amount of the penalty, the Commissioner shall consider thedegree and extent of harm caused by the violation.
The clear proceeds of civil penalties assessed pursuant to this sectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.
(g) Legal Representation by Attorney General. It shall be theduty of the Attorney General to represent the Department of Agriculture andConsumer Services or designate a member of the Attorney General's staff torepresent the Department in all actions or proceedings in connection with thissection. (2005‑191, s. 1(b).)