North Carolina § 106-601 - Definitions.

§ 106-601. Definitions.

"Cash buyer" means any grain dealer who pays the producer, or his representative at the time of obtaining title, possession or control of grain, the full agreed price of such grain in coin or currency, lawful money of the United States, certified checks, cashier's checks or drafts issued by a bank. "Commissioner" means the North Carolina Commissioner of Agriculture. "Department" means the North Carolina Department of Agriculture and Consumer Services. "Grain" as used herein shall be construed to include, but not by way of limitation, corn, wheat, rye, oats, sorghum, barley, mixed grain and soybeans. "Grain dealer" means any person owning, controlling or operating an elevator, mill, warehouse or other similar structure or truck or tractor-trailer unit or both who buys, solicits for sale or resale, processes for sale or resale, contracts for storage or exchange, or transfers grain of a North Carolina producer. The term "grain dealer" shall exclude producers or groups of producers buying grain for consumption on their farms. "Person" means an individual, partnership, corporation, association, syndicate or other legal entity. "Producer" means the owner, tenant or operator of land in this State who has an interest in and receives all or any part of the proceeds from the sale of the grain produced thereon. History (1973, c. 665, s. 1; 1997-261, s. 109.) Opinions of Attorney General Person who hauls grain of producer without transfer of title of the grain is not required to be licensed under this article. See opinion of Attorney General to Mr. James A. Graham, Commissioner of Agriculture, 43 N.C.A.G. 404 (1974).