Any lot of agricultural or vegetable seeds, mixtures of such seeds being sold, exposed for sale, offered for sale or held with intent to sell in this State contrary to the provisions of this Article shall be subject to seizure on complaint of the Commissioner to the resident judge of the superior court in the county in which the seeds or mixtures of such seeds are located. In the event the court finds the seeds to be in violation of the provisions of this Article and orders the condemnation thereof, such seeds shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this State; provided that in no instance shall such disposition be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of the seeds,? with permission to process or relabel to bring them into compliance with the provisions of this Article. ?(1945, c. 828; 1949, c. 725; 1963, c. 1182; 2009-455, s. 10.)

Terms Used In North Carolina General Statutes 106-277.25

  • Commissioner: means the Commissioner of Agriculture of North Carolina or his designated agent or agents. See North Carolina General Statutes 106-277.2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • lot: means a definite quantity of seed, identified by a lot number or other identification, which shall be uniform throughout for the factors which appear on the label. See North Carolina General Statutes 106-277.2
  • seizure: means a legal process carried out by court order against a definite amount of seed. See North Carolina General Statutes 106-277.2
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • vegetable seeds: shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seed in this State. See North Carolina General Statutes 106-277.2
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