§ 130A-271. Enforcement by the Department. - North Carolina Statutes

§130A‑271.  Enforcement by the Department.

(a)        The Departmentshall enforce the provisions of this Part and the rules adopted by theCommission.

(b)        The Secretary mayprohibit sale and place an "off sale" tag on any bedding which is notmade, sanitized, or tagged as required by this Part and the rules of theCommission. The bedding shall not be sold or otherwise removed until theviolation is remedied and the Secretary has reinspected it and removed the"off sale" tag.

(c)        A person supplyingmaterial to a bedding manufacturer shall furnish an itemized invoice of allfurnished material. Each material entering into willowed or other mixturesshall be shown on the invoice. The bedding manufacturer shall keep the invoiceon file for one year subject to inspection by the Department.

(d)        When the Secretaryhas reason to believe that bedding is not tagged or filled as required by thisPart, the Secretary shall have authority to open a seam of the bedding toexamine the filling, and, if unable after this examination to determine if thefilling is of the kind stated on the tag, shall have the authority to examinepurchase or other records necessary to determine definitely the kind ofmaterial used in the bedding. The Secretary shall have authority to seize andhold for evidence any records and any bedding or bedding material which in theSecretary's opinion is made, possessed or offered for sale in violation of thisPart or the rules of the Commission. The Secretary shall have authority to takea sample of any bedding or bedding material for the purpose of examination orfor evidence. (1937, c. 298, s. 6; 1957, c. 1357, s. 1; 1971, c.371, s. 8; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, s. 8.)