§ 106-668. Punishment for violations.
§ 106‑668. Punishment for violations.
Each of the following offenses shall be a Class 1 misdemeanor and anyperson upon conviction thereof shall be punished as provided by law for thepunishment of Class 1 misdemeanors:
(1) To manufacture, offer for sale, or sell in this State anymixed fertilizer or fertilizer materials containing any substance that isinjurious to crop growth or deleterious to the soil, or to use in such mixedfertilizer or fertilizer materials as a filler any substance with the effect ofdefrauding the purchaser.
(2) To offer for sale or to sell in this State for fertilizerpurposes any raw or untreated leather, hair, wool waste, hoof, horn, rubber orsimilar nitrogenous materials, the plant food content of which is largelyunavailable, either as such or mixed with other fertilizer materials.
(3) To make any false or misleading representation in regard toany mixed fertilizer or fertilizer material shipped, sold or offered for saleby him in this State, or to use any misleading or deceptive trademark or brandin connection therewith. The sale or offer for sale of any mixture ofnitrogenous fertilizer materials under a name or other designation descriptiveof only one of the components of the mixture shall be considered deceptive andfraudulent.
The Commissioner is authorized to refuse registrationfor any commercial fertilizer with respect to which this section is violated.
(4) The filing with the Commissioner of any false statement offact in connection with the registration under G.S. 106‑660 of anycommercial fertilizer.
(5) Forcibly obstructing the Commissioner or any officialinspector authorized by the Commissioner in the lawful performance by him ofhis duties in the administration of this Article.
(6) Knowingly taking a false sample of commercial fertilizer foruse under provisions of this Article; or knowingly submitting to theCommissioner for analysis a false sample thereof; or making to any person anyfalse representation with regard to any commercial fertilizer sold or offeredfor sale in this State for the purpose of deceiving or defrauding such otherperson.
(7) The fraudulent tampering with any lot of commercialfertilizer so that as a result thereof any sample of such commercial fertilizertaken and submitted for analysis under this Article may not correctly representthe lot; or tampering with any sample taken or submitted for analysis underthis Article, if done prior to such analysis and disposition of the sampleunder the direction of the Commissioner.
(8) The delivery to any person by the fertilizer chemist or hisassistants or other employees of the Commissioner of a report that is willfullyfalse and misleading on any analysis of commercial fertilizer made by theDepartment in connection with the administration of this Article.
(9) Selling or offering for sale in this State commercialfertilizer without marking the same as required by G.S. 106‑661.
(10) Selling or offering for sale in this State commercialfertilizer containing less than the minimum content required by G.S. 106‑659.
(11) Failure of any manufacturer, importer, jobber, agent, ordealer to have applied for and to have been issued a permit as required by G.S.106‑671 before selling, offering, or exposing for sale or distributingcommercial fertilizers in this State.
(12) Failure of any manufacturer or contractor to procure alicense under the provisions of G.S. 106‑660(d) before beginningoperations within the State. (1947, c. 1086, s. 20; 1959, c. 706, ss. 10, 11; 1977, c. 303, s. 14;1993, c. 539, s. 810; 1994, Ex. Sess., c. 24, s. 14(c).)