§ 106-500. Additional powers of Commissioner to enforce Article. - North Carolina Statutes

§ 106‑500. Additional powers of Commissioner to enforce Article.

In order to enforce this Article, the Commissioner of Agriculture, uponhis own motion or upon the verified complaint of any producer, shall have thefollowing additional powers:

(1)        To inspect or investigate transactions for the sale ordelivery of fruits and vegetables to persons acting as handlers; to requireverified reports and accounts of all authorized handlers; to examine books,accounts, memoranda, equipment, warehouses, storage, transportation and otherfacilities, fruits and vegetables and other articles connected with thebusiness of the handlers; to inquire into failure or refusal of any handlers toaccept produce under his contracts and to pay for it as agreed;

(2)        To hold hearings after due notice to interested parties andopportunity to all to be heard; to administer oaths, take testimony and issuesubpoenas; to require witnesses to bring with them relevant books, papers, andother evidence; to compel testimony; to make written findings of fact and onthe basis of these findings to issue orders in controversies before him, and torevoke the permits of persons disobeying the terms of this Article or of rules,regulations, and orders made by the Board or the Commissioner. Any partydisobeying any order or subpoena of the Commissioner shall be guilty ofcontempt, and shall be certified to the superior court for punishment. Anyparty may appeal to the superior court from any final order of theCommissioner;

(3)        To issue all such rules and regulations, with the approvalof the Board, and to appoint necessary agents and to do all other lawful thingsnecessary to carry out the purposes of this Article.

(4)        This Article will not apply to peanuts and corn grown undercontract for seed purposes. (1941, c. 359, s. 5; 1971, c. 1064, ss. 5, 6.)