§ 106-92.7. Registration of brands. - North Carolina Statutes

§ 106‑92.7. Registration of brands.

(a)        Each separately identified product shall be registeredbefore being sold, offered for sale, or distributed in this State. Registrationfee shall be twenty‑five dollars ($25.00) for each separately identifiedproduct in packages of 10 pounds or less. For each other separately identifiedproduct registration fee shall be five dollars ($5.00). The application forregistration shall be submitted to the Commissioner on forms furnished by theCommissioner and shall be accompanied by the appropriate registration fee. Uponapproval by the Commissioner, a copy of the registration shall be furnished tothe applicant. All registrations expire on June 30 of each year.

(b)        A distributor shall not be required to register any brand ofagricultural liming material or landplaster which is already registered underthis Article by another person, providing the label does not differ in anyrespect.

(c)        In determining the acceptability of any product forregistration, the Commissioner may require proof of claims made for theproduct.  If no specific claims are made, the Commissioner may require proof ofusefulness and value of the product.  As evidence of proof, the Commissionermay rely on experimental data furnished by the applicant and may require thatthe data be developed by a recognized research or experimental institution. The Commissioner may further require that the data be developed from testsconducted under conditions identical to or closely related to those present inNorth Carolina.  The Commissioner may reject any data not developed under thoseconditions and may rely on advice from sources such as the CooperativeExtension Service of North Carolina State University. (1979, c. 590; 1993, s. 144, s. 1.)