§ 106-65.74. Authority to designate elimination zones; authority to prohibit planting of cotton and to require participation in eradication program. - North Carolina Statutes

§ 106‑65.74. Authority to designate elimination zones; authority to prohibit planting ofcotton and to require participation in eradication program.

The Commissioner, subject to the provisions of section 13 of this act[Session Laws 1975, chapter 958, section 13] is authorized to designate byregulation one or more areas of this State as "elimination zones"where boll weevil eradication programs will be undertaken. The Commissioner isauthorized to promulgate reasonable regulations rearding areas where cottoncannot be planted within an elimination zone when he has reason to believe itwill jeopardize the success of the program or present a hazard to public healthor safety. The Commissioner is authorized to issue regulations prohibiting theplanting of noncommercial cotton in such elimination zones, and requiring thatall growers of commercial cotton in the elimination zones participate in aprogram of boll weevil eradication including cost sharing as prescribed in theregulations. Notice of such prohibition and requirement shall be given bypublication for one day each week for three successive weeks in a newspaperhaving general circulation in the affected area. The Commissioner is authorizedto set by regulation a reasonable schedule of penalty fees to be assessed whengrowers in designated "elimination zones" do not meet therequirements of (G.S. 106‑65.73) and participation in cost sharing asprescribed by regulation. Such penalty fees shall not exceed a charge of twenty‑fivedollars ($25.00) per acre. When a grower fails to meet the requirements ofregulations promulgated by the Commissioner, the Commissioner shall haveauthority in elimination zones to destroy cotton not in compliance with suchregulations. (1975, c. 958, s.8; 1977, c. 507, ss. 2, 3.)