§ 14-329. Manufacturing, trafficking in, transporting, or possessing poisonous alcoholic beverages. - North Carolina Statutes

§14‑329.  Manufacturing, trafficking in, transporting, or possessingpoisonous alcoholic beverages.

(a)        Any person who,either individually or as an agent for any person, firm or corporation, shallmanufacture for use as a beverage, any spirituous liquor which is found tocontain any foreign properties or ingredients poisonous to the human system,shall be punished as a Class H felon.

(b)        Any person who,either individually or as agent for any person, firm or corporation, shall,knowing or having reasonable grounds to know of the poisonous qualitiesthereof, transport for other than personal use, sell or possess for purpose ofsale, for use as a beverage, any spirituous liquor which is found to containany foreign properties or ingredients poisonous to the human system, shall bepunished as a Class F felon.

(c)        Any person who,either individually or as agent for any person, firm or corporation, shalltransport for other than personal use, sell or possess for purpose of sale, anyspirituous liquor to be used as a beverage which is found to contain anyforeign properties or ingredients poisonous to the human system, shall beguilty of a Class 2 misdemeanor.  In prosecutions under this subsection andunder subsection (b) above, proof of transportation of more than one gallon ofspirituous liquor will be prima facie evidence of transportation for other thanpersonal use, and proof of possession of more than one gallon of spirituousliquor will be prima facie evidence of possession for purpose of sale.

(d)        Any person who,either individually or as agent for any person, firm or corporation, shalltransport or possess, for use as a beverage, any illicit spirituous liquorwhich is found to contain any foreign properties or ingredients poisonous tothe human system, shall be guilty of a Class 1 misdemeanor:  Provided, anyonecharged under this subsection may show as a complete defense that thespirituous liquor in question was legally obtained and possessed and that hehad no knowledge of the poisonous nature of the beverage. (1873‑4,c. 180, ss. 1, 2; Code, s. 983; Rev., s. 3522; C.S., s. 4453; 1961, c. 897;1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179,s. 14; 1993, c. 539, ss. 228, 229, 1235; 1994, Ex. Sess., c. 24, s. 14(c).)