North Carolina Administrative Code Title 02 - AGRICULTURE AND CONSUMER SERVICES
Overview: North Carolina Administrative Code Title 02 — Agriculture and Consumer Services
Title 02 of the North Carolina Administrative Code (NCAC) contains the rules and regulations promulgated by the North Carolina Department of Agriculture and Consumer Services (NCDA&CS). This agency oversees a broad range of programs related to agriculture, food safety, consumer protection, pesticide regulation, and related fields to support the agricultural economy and protect consumers in the state.
Purpose and Scope of Title 02
The purpose of Title 02 is to:
Regulate agricultural practices to ensure food safety, environmental protection, and fair market conditions.
Protect consumers from unfair, deceptive, or unsafe products and practices.
Manage licensing, inspection, and certification of agricultural products and businesses.
Administer pesticide application and environmental safety programs.
Promote the economic well-being of North Carolina’s agricultural industry.
Key Areas Covered in Title 02
1. Plant Industry Regulations
Licensing and inspection of nurseries, greenhouses, and plant dealers.
Quarantine rules to prevent the spread of plant pests and diseases.
Seed quality standards and certification requirements.
2. Animal Industry and Food Safety
Livestock health regulations.
Inspection and certification of meat and dairy products.
Poultry and egg quality control.
3. Pesticide and Environmental Protection
Licensing of pesticide applicators.
Rules governing pesticide sales, storage, and use.
Compliance with state and federal pesticide laws.
4. Weights and Measures
Inspection and certification of commercial weighing and measuring devices.
Protection against consumer fraud through accurate measurement.
5. Consumer Protection
Enforcement of laws against false advertising, labeling, and unfair business practices in agricultural products.
Regulation of fertilizer and feed quality.
Administration of consumer complaint processes.
6. Agricultural Marketing
Regulations related to grading, packing, and marketing of agricultural products.
Rules to support farmers’ markets and cooperative marketing programs.
Enforcement and Administrative Procedures
The NCDA&CS has the authority to:
Conduct inspections and investigations.
Issue licenses and permits.
Impose penalties, fines, or suspensions for violations.
Conduct hearings and enforce compliance through administrative or judicial proceedings.
Interaction with Case Law
Case law interpreting Title 02 and related statutes generally involves disputes over:
1. Administrative Enforcement Actions
Challenges to agency actions such as license revocations, fines, or cease-and-desist orders.
Courts review whether the agency followed due process, had statutory authority, and supported decisions with substantial evidence.
Example principle:
A pesticide applicator contesting license suspension must be given notice, an opportunity to be heard, and the agency’s decision must be based on evidence of violations.
2. Consumer Protection Claims
Litigation involving alleged violations of consumer protection laws related to agricultural products.
Courts examine whether practices were deceptive or unfair under the statutes enforced by the Department.
3. Environmental and Pesticide Regulation
Disputes concerning the lawful use of pesticides or compliance with environmental safety regulations.
Courts balance regulatory objectives with property rights and business interests.
4. Licensing and Certification Disputes
Cases involving denial or revocation of licenses for nurseries, food processors, or other agricultural businesses.
Judicial review ensures agency decisions are not arbitrary or capricious.
Hypothetical Case Example
A feed manufacturer is cited for selling mislabeled products.
After administrative hearings under Title 02, the Department suspends its license.
The manufacturer challenges the suspension, arguing lack of fair notice.
The court upholds the suspension, finding the Department complied with procedural rules and had substantial evidence of violations.
Summary
North Carolina Administrative Code Title 02 governs critical aspects of the state’s agricultural and consumer protection landscape by:
Regulating plant and animal industries.
Enforcing pesticide and environmental safety.
Protecting consumers through inspection and licensing.
Promoting fair and safe agricultural marketing.
The Department of Agriculture and Consumer Services has broad authority to enforce these regulations, subject to judicial review ensuring fairness, legality, and evidence-based decision-making.
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