North Carolina § 106-266 - 31. Board to adopt rules.

§ 106-266. 31. Board to adopt rules.

The Board of Agriculture shall adopt rules relating to the sanitary production, transportation, processing and distribution of Grade "A" milk. The rules, in order to protect and promote the public health, shall provide definitions and requirements for: (i) the sanitary production and handling of milk on Grade "A" dairy farms; (ii) the sanitary transportation of Grade "A" raw milk for processing; (iii) the sanitary processing of Grade "A" milk; (iv) the sanitary handling and distribution of Grade "A" milk; (v) the requirements for the issuance, suspension and revocation of permits; and (vi) the establishment of quality standards for Grade "A" milk. The rules shall be no less stringent than the 1978 Pasteurized Milk Ordinance recommended by the U.S. Public Health Service/Food and Drug Administration as amended effective January 1, 1982. The Board of Agriculture may adopt by reference the U.S. Public Health Service/Food and Drug Administration 1978 Pasteurized Milk Ordinance, as amended. History (1983, c. 891, s. 2; 1985, c. 462, s. 15; 2011-145, s. 13.3( l ), (n).) Editor's Note. - This section was formerly codified as G.S. 130A-275. It was recodified as G.S. 106-266.31 by Session Laws 2011-145, s. 13.3( l ), effective July 1, 2011. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5 is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.3(n), effective July 1, 2011, substituted "Board" for "Commission" in the section catchline; in the first sentence, deleted "Notwithstanding the provisions of G.S. 106-267 et seq." from the beginning and substituted "Board of Agriculture shall adopt rules" for "Commission is authorized and directed to adopt rules"; and in the last sentence, substituted "Board of Agriculture" for "Commission" and "Pasteurized Milk Ordinance, as amended" for "Pasteurized Milk Ordinance and any amendment thereto."