North Carolina § 106-277 - 24. Penalty for violations.

§ 106-277. 24. Penalty for violations.

Any person, firm or corporation violating any provision of this Article or any rule or regulation adopted pursuant thereto shall be guilty of a Class 3 misdemeanor and upon conviction thereof shall pay a fine of not more than ten thousand dollars ($10,000). This fine shall not apply, however, to a retailer with respect to any transaction where the seed sold by the retailer was acquired by the retailer in a sealed container or package, or the retailer did not have reasonable knowledge that the seed sold was in violation of this Article. In determining the amount of the fine, the court shall consider the retail value of the seed sold in violation of the law, and in cases involving the unlawful sale of seed protected under the federal Plant Variety Protection Act, the court shall order the payment of restitution to any injured party for any losses incurred as a result of the unlawful sale. History (1941, c. 114, s. 8; 1945, c. 828; 1949, c. 725; 1963, c. 1182; 1993, c. 539, s. 758; 1994, Ex. Sess., c. 24, s. 14(c); 2013-345, s. 1(b).) Editor's Note. - Session Laws 2013-345, s. 2, made the rewriting of this section by Session Laws 2013-345, s. 1(b), applicable to violations committed on or after December 1, 2013. Effect of Amendments. - Session Laws 2013-345, s. 1(b), effective December 1, 2013, substituted "pay a fine of not more than ten thousand dollars ($10,000)" for "only pay a fine of not more than five hundred dollars ($500.00)" in the first sentence; and added the second and third sentences. For applicability, see editor's note.