§ 106-549.30. Refusal of Commissioner to inspect and certify meat. - North Carolina Statutes

§ 106‑549.30. Refusal of Commissioner to inspect and certify meat.

The Commissioner may (for such period, or indefinitely, as he deemsnecessary to effectuate the purposes of this and the previous Article) refuseto provide, or withdraw, inspection service under Article 49B with respect toany establishment if he determines, after opportunity for a hearing is accordedto the applicant for, or recipient of, such service, that such applicant orrecipient is unfit to engage in any business requiring inspection under Article49B because the applicant or recipient, or anyone responsibly connected withthe applicant or recipient, has been convicted, in any federal or state court,of (i) any felony, or (ii) more than one violation of any law, other than afelony, based upon the acquiring, handling, or distributing of unwholesome,mislabeled, or deceptively packaged food or upon fraud in connection withtransactions in food. This section shall not affect in any way other provisionsof this or the previous Article for withdrawal of inspection services underArticle 49B from establishments failing to maintain sanitary conditions or todestroy condemned carcasses, parts, meat or meat food products.

For the purpose of this section a person shall be deemed to beresponsibly connected with the business if he was a partner, officer, director,holder, or owner of ten per centum (10%) or more of its voting stock oremployee in a managerial or executive capacity. The determination and order ofthe Commissioner with respect thereto under this section shall be final andconclusive unless the affected applicant for, or recipient of, inspectionservice files application for judicial review within 30 days after theeffective date of such order in the appropriate court as provided in G.S. 106‑549.33.(1969,  c. 893, s. 16.)