§ 106-92.11. Deficiencies: refunds to consumer. - North Carolina Statutes

§ 106‑92.11. Deficiencies: refunds to consumer.

Should any of the agricultural liming and landplaster materials definedin this Article be found to be deficient in the components claimed by themanufacturer or registrant thereof, said manufacturer or registrant, uponofficial notification to [of] such deficiency by the Commissioner ofAgriculture, shall, within 90 days, make refunds to the consumers of thedeficient materials as follows:

In case of "agricultural liming material" if the deficiencyis five percent (5%) of the guarantee or more, there shall be refunded anamount equal to three times the value of such deficiency and in case of"landplaster," for deficiencies in excess of one percent (1%) of theguarantee, there shall be refunded an amount equal to three times the value ofthe deficiency. Values shall be based on the selling price of said materials.When said consumers cannot be found within the above specified time, refundsshall be forwarded to the Commissioner of Agriculture, where said refund shallbe held for payment to the proper consumer upon order of the Commissioner. Ifthe consumer to whom the refund is due cannot be found within a period of oneyear, the clear proceeds of such refund shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2. (1979, c. 590; 1997‑261, s. 109; 1998‑215,s. 6.)