North Carolina § 14-401 - 11. Distribution of certain food or beverage prohibited.

§ 14-401. 11. Distribution of certain food or beverage prohibited.

It shall be unlawful for any person to knowingly distribute, sell, give away or otherwise cause to be placed in a position of human accessibility or ingestion, any food, beverage, or other eatable or drinkable substance which that person knows to contain any of the following: Any noxious or deleterious substance, material or article which might be injurious to a person's health or might cause a person any physical discomfort. Any controlled substance included in any schedule of the Controlled Substances Act. Any poisonous chemical or compound or any foreign substance such as, but not limited to, razor blades, pins, and ground glass, which might cause death, serious physical injury or serious physical pain and discomfort. Penalties. Any person violating the provisions of G.S. 14-401.11(a)(1): Where the actual or possible effect on a person eating or drinking the food, beverage, or other substance was or would be limited to mild physical discomfort without any lasting effect, shall be guilty of a Class I felony. Where the actual or possible effect on a person eating or drinking the food, beverage, or other substance was or would be greater than mild physical discomfort without any lasting effect, shall be punished as a Class H felon. Any person violating the provisions of G.S. 14-401.11(a)(2) shall be punished as a Class F felon. Any person violating the provisions of G.S. 14-401.11(a)(3) shall be punished as a Class C felon. History (1971, c. 564; 1973, c. 540, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1242; 1994, Ex. Sess., c. 24, s. 14(c); 2019-245, s. 6(b).) Cross References. - For structured sentencing provisions, see G.S. 15A-1340.10 et seq. Editor's Note. - Session Laws 2019-245, s. 9(c), made the amendment of this section by Session Laws 2019-245, s. 6(b), effective December 1, 2019, and applicable to offenses committed on or after that date. Session Laws 2019-245, s. 9(a), is a severability clause. Effect of Amendments. - Session Laws 2019-245, s. 6(b), substituted "or beverage" for "at Halloween and all other times" in the section heading; rewrote the introductory language of subsection (a), which read: "It shall be unlawful for any person to knowingly distribute, sell, give away or otherwise cause to be placed in a position of human accessibility, accessibility, any food or eatable substance which that person knows to contain:"; substituted "eating or drinking the food, beverage, or other substance" for "eating the food or substance" in subdivisions (b)(1) and (b)(2); and made stylistic changes. For effective date and applicability, see editor's note.