§ 106-549.59. Punishment for violations; carriers exempt; interference with enforcement.
§ 106‑549.59. Punishment for violations; carriers exempt; interference with enforcement.
(a) Any person whoviolates the provisions of G.S. 106‑549.56, 106‑549.57, 106‑549.58or 106‑549.61 is guilty of a Class 1 misdemeanor; but if such violationinvolves intent to defraud, or any distribution or attempted distribution of anarticle that is adulterated (except as defined in G.S. 106‑549.51(1)h),such person is guilty of a Class H felony which may include a fine of not morethan ten thousand dollars ($10,000). When construing or enforcing theprovisions of said sections the act, omission, or failure of any person actingfor or employed by any individual, partnership, corporation, or associationwithin the scope of his employment or office shall in every case be deemed theact, omission, or failure of such individual, partnership, corporation, orassociation, as well as of such person.
(a1) The Commissioner mayassess a civil penalty of not more than five thousand dollars ($5,000) againstany person who violates a provision of this Article or any rule adopted underthis Article. In determining the amount of the penalty, the Commissioner shallconsider the degree and extent of harm caused by the violation. The clearproceeds of civil penalties assessed pursuant to this subsection shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(b) No carrier shall besubject to the penalties of this Article, other than the penalties forviolation of G.S. 106‑549.58, by reason of his receipt, carriage,holding, or delivery, in the usual course of business, as a carrier, of poultryor poultry products, owned by another person unless the carrier has knowledge,or is in possession of facts which would cause a reasonable person to believe thatsuch poultry or poultry products were not inspected or marked in accordancewith the provisions of this Article or were otherwise not eligible fortransportation under this Article or unless the carrier refuses to furnish onrequest of a representative of the Department of Agriculture and ConsumerServices the name and address of the person from whom he received such poultryor poultry products, and copies of all documents, if any there be, pertainingto the delivery of the poultry or poultry products to such carrier.
(c) Any person whoforcibly assaults, resists, opposes, impedes, intimidates, or interferes withany person while engaged in or on account of the performance of his officialduties under this Article is guilty of a Class 2 misdemeanor which may includea fine of not more than five thousand dollars ($5,000). Whoever, in thecommission of any such acts, uses a deadly or dangerous weapon, is guilty of aClass A1 misdemeanor which may include a fine of not more than ten thousanddollars ($10,000). (1971,c. 677, s. 12; 1997‑261, s. 109; 1999‑408, s. 7; 2007‑361, s.1.)