§ 80-41. Marking silver articles regulated. - North Carolina Statutes

§80‑41.  Marking silver articles regulated.

It shall be unlawful to makefor sale or sell or offer to sell or dispose of or have in possession withintent to sell or dispose of –

(1)        Any article ofmerchandise made in whole or in part of silver of any alloy of silver, andhaving marked, stamped, branded or engraved or imprinted thereon, or upon anytag, card or label attached thereto, or upon any box, package, cover or wrapperin which the article is enclosed, the words "sterling silver" or "sterling"or any colorable imitation thereof, unless nine hundred and twenty‑fiveone‑thousandths of the component parts of the metal appearing orpurporting to be silver, of which the article is manufactured, are pure silver,subject to the qualifications hereinafter set forth:  Provided, that in thecase of all such articles there shall be allowed a divergence in fineness offour one‑thousandths parts from the foregoing standard.

(2)        Any article ofmerchandise made in whole or in part of silver or of any alloy of silver, andhaving marked, stamped, branded, engraved or imprinted thereon, or upon anycard, tag or label attached thereto, or upon any box, package, cover or wrapperin which the article is enclosed, the words "coin" or "coinsilver," or any colorable imitation thereof, unless nine hundred one‑thousandthsof the component parts of the metal appearing or purporting to be silver, ofwhich the article is manufactured, are pure silver, subject to thequalifications hereinafter set forth:  Provided, that in the case of all sucharticles there shall be allowed a divergence in fineness of four one‑thousandthsparts from the foregoing standards.

(3)        Any article ofmerchandise made in whole or in part of silver or of any alloy of silver, andhaving stamped, branded, engraved or imprinted thereon, or upon any tag, cardor label attached thereto, or upon any box, package, cover or wrapper in whichthe article is enclosed, any mark or word (other than the word"sterling" or the word "coin") indicating, or designed toindicate, that the silver or alloy of silver in the article is of a greaterdegree of fineness than its actual fineness, unless the actual fineness is notless by more than four one‑thousandths parts than the actual finenessindicated by the use of such mark or word, subject to the qualificationshereinafter set forth.

In any test for ascertainingthe fineness of the articles mentioned in this section, according to theforegoing standards, the part taken for test, analysis or assays shall be apart not containing or having attached thereto any solder or alloy of inferiormetal used for brazing or uniting the parts of such article.  In addition tothe foregoing test and standards, the actual fineness of the entire quantity ofmetal purporting to be silver contained in any article mentioned in thissection, including all solder or alloy of inferior fineness used for brazing oruniting the parts (all such silver, alloy or solder being assayed as onepiece), shall not be less by more than ten one‑thousandths parts than thefineness indicated according to the foregoing standards, by the mark employedas above indicated.  Violation of this section is a Class 1 misdemeanor. (1907,c. 331, s. 2; C.S., s. 4013; 1993, c. 539, s. 588; 1994, Ex. Sess., c. 24, s.14(c).)