§ 106-644. Penalties. - North Carolina Statutes

§ 106‑644. Penalties.

(a)        If anyone shall attempt to prevent inspection as provided inthis Article or shall otherwise interfere with the Commissioner of Agriculture,or any of his agents, while engaging in the performance of his duties underthis Article, or shall violate any provisions of this Article or any regulationof the Board of Agriculture adopted pursuant to this Article, he shall beguilty of a Class 3 misdemeanor. Each day's violation shall constitute aseparate offense.

(b)        The Commissioner may assess a civil penalty of not more thanten thousand dollars ($10,000) against a person who violates this Article or arule adopted to implement this Article.  In determining the amount of thepenalty, the Commissioner shall consider the degree and extent of harm causedby the violation.  No civil penalty may be assessed under this section unlessthe person has been given the opportunity for a hearing pursuant to theAdministrative Procedure Act, Chapter 150B of the General Statutes.  If notpaid within 30 days after the effective date of a final decision by theCommissioner, the penalty may be collected by any lawful means for thecollection of a debt.

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. (1977, c. 238, s. 11; 1991, c. 349, s. 2; 1993, c. 539, s. 809; 1994,Ex. Sess., c. 24, s. 14(c); 1998‑215, s. 20.)