§ 106-549.35. Punishment for violation. - North Carolina Statutes

§ 106‑549.35. Punishment for violation.

(a)        Any person, firm, or corporation who violates any provisionof this or the previous Article or any regulation of the Board for which noother criminal penalty is provided by this or the previous Article is guilty ofa Class 2 misdemeanor; but if such violation involves intent to defraud, or anydistribution or attempted distribution of an article that is adulterated(except as defined in G.S. 106‑549.15(1)h, such person, firm orcorporation is guilty of a Class H felony which may include a fine of not morethan ten thousand dollars ($10,000). Provided, that no person, firm, orcorporation shall be subject to penalties under this section for receiving fortransportation any article or animal in violation of this or the previousArticle if such receipt was made in good faith, unless such person, firm, orcorporation refuses to furnish on request of a representative of the Meat andPoultry Inspection Service the name and address of the person from whom hereceived such article or animal, and copies of all documents, if any there be,pertaining to the delivery of the article or animal to him.

(b)        Nothing in this Article shall be construed as requiring theCommissioner or his authorized representative to report for prosecution or forthe institution of condemnation or injunction proceedings, minor violations ofthis Article whenever he believes that the public interest will be adequatelyserved by a suitable written notice of warning.

(c)        The Commissioner may assess a civil penalty of not more thanfive thousand dollars ($5,000) against any person who violates a provision ofthis Article or Article 49B, or any rule promulgated thereunder. In determiningthe amount of the penalty, the Commissioner shall consider the degree andextent of harm caused by the violation.

The clear proceeds of civil penalties assessed pursuant to thissubsection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. (1969, c. 893, s. 21; 1995, c. 516, s. 5; 1998‑215, s. 17; 1999‑408,s. 6.)