§ 106-124. Violations made misdemeanor. - North Carolina Statutes

§ 106‑124. Violations made misdemeanor.

(a)        Any person, firm or corporation violating any provision ofthis Article, or any regulation of the Board adopted pursuant to this Article,shall be guilty of a Class 2 misdemeanor.  In addition, if any person continuesto violate or further violates any provision of this Article after writtennotice from the Commissioner, or his duly designated agent, the court maydetermine that each day during which the violation continued or is repeatedconstitutes a separate violation subject to the foregoing penalties.

(b)        No person shall be subject to the penalties of subsection(a) of this section, for having violated G.S. 106‑122, subdivision (1) or(3) if he establishes a guaranty or undertaking signed by, and containing thename and address of, the person residing in the State of North Carolina fromwhom he received in good faith the article, to the effect that such article isnot adulterated or misbranded within the meaning of this Article, designatingthis article.

(c)        No publisher, radio‑broadcast licensee, or agency ormedium for the dissemination of an advertisement, except the manufacturer,packer, distributor, or seller of the article to which a false advertisementrelates, shall be liable under this section by reason of the dissemination byhim of such false advertisement, unless he has refused on the request of theCommissioner of Agriculture to furnish the Commissioner the name and post‑officeaddress of the manufacturer, packer, distributor, seller or advertising agencyresiding in the State of North Carolina who caused him to disseminate suchadvertisement. (1939, c. 320, s.5; 1975, c. 614, s. 6; 1993, c. 539, s. 744; 1994, Ex. Sess., c. 24, s. 14(c).)