§ 106-579.4. Registrations.
§ 106‑579.4. Registrations.
On or before the first day of July of each year, and before anyantifreeze may be distributed for the permit year beginning July 1, themanufacturer, packager, or person whose name appears on the label shall makeapplication to the Commissioner on forms provided by the latter forregistration for each brand of antifreeze which he desires to distribute. Theapplication shall be accompanied by specimens or facsimiles of labeling for allcontainer sizes to be distributed, when requested by the Commissioner; alicense and inspection fee of two hundred fifty dollars ($250.00) for eachbrand of antifreeze and a properly labeled sample of the antifreeze shall alsobe submitted at this time. The Commissioner may inspect, test, or analyze theantifreeze and review the labeling. If the antifreeze is not adulterated ormisbranded, if it meets the standards established and promulgated by the Board,and if the said antifreeze is not such a type or kind that is in violation ofthis Article, the Commissioner shall thereafter issue a written license orpermit authorizing the sale of such antifreeze in this State for the fiscalyear in which the license or inspection fee is paid. If the antifreeze isadulterated or misbranded, if it fails to meet standards promulgated by theBoard, or is in violation of this Article or regulations thereunder, theCommissioner shall refuse to register the antifreeze, and he shall return theapplication to the applicant, stating how the antifreeze or labeling is not inconformity. If the Commissioner shall, at a later date, find that a properlyregistered antifreeze product has been materially altered or adulterated, or achange has been made in the name, brand or trademark under which the antifreezeis sold, or that it violates the provisions of this Article, or that itviolates regulations, definitions or standards duly promulgated by the Board,he shall notify the applicant that the license authorizing sale of theantifreeze is canceled. No antifreeze license shall be canceled unless theregistrant shall have been given an opportunity to be heard before theCommissioner or his duly designated agent and to modify his application inorder to comply with the requirements of this Article and regulations,definitions, and standards promulgated by the Board. All fees received by theCommissioner shall be placed in the Department of Agriculture and ConsumerServices fund for the purpose of supporting the antifreeze enforcement andtesting program. (1949, c. 1165;1975, c. 719, s. 4; 1997‑261, s. 109.)