Article 86.
Farmed Cervid Industry Promotion Act.
§ 106-1055. Title.
This Article shall be known as the Farmed Cervid Industry Promotion Act. (2016-113, s. 11.)
§ 106-1056. Definitions.
As used in this Article:
(1) "Association" means the North Carolina Deer and Elk Farmers Association.
(2) "Cervid farmer" means a person who (i) is a North Carolina resident and (ii) holds at least one cervid in captivity subject to a captivity license issued by the Department.
(3) "Department" means the Department of Agriculture and Consumer Services.
(4) "Farmed cervid" means any member of the Cervidae family that is held in captivity and produced, bought, or sold for commercial purposes.
(5) "Farmed cervid feed" means any commercial feed, as defined in G.S. 106-284.33, sold to a cervid farmer for farmed cervid use. (2016-113, s. 11; 2022-55, s. 5.)
§ 106-1057. Referendum.
(a) The Association may conduct a referendum among cervid farmers upon the question of whether an assessment shall be levied consistent with this Article.
(b) The Association shall determine all of the following:
(1) The amount of the proposed assessment, not to exceed four dollars ($4.00) per ton of farmed cervid feed.
(2) The period for which the assessment shall be levied, not to exceed 10 years.
(3) The time and place of the referendum.
(4) Procedures for conducting the referendum and counting votes.
(5) Any other matters pertaining to the referendum.
(c) The amount of the proposed assessment and the method of collection shall be set forth on the ballot.
(d) All cervid farmers are eligible to vote in the referendum. The Association shall send press releases about the referendum to at least 10 daily and 10 weekly or biweekly newspapers having general circulation in a county in the State and to any trade journals deemed appropriate by the Association. Notice of the referendum also shall be posted in every place the Association identifies as selling farmed cervid feed. Any questions concerning eligibility to vote shall be resolved by the board of directors of the Association. (2016-113, s. 11.)
§ 106-1058. Majority vote required; collection of assessment.
(a) The assessment shall not be collected unless a majority of the votes cast in the referendum are in favor of the assessment. If a majority of the votes cast in the referendum are in favor of the assessment, the Department shall notify all farmed cervid feed manufacturers and distributors of the assessment. The assessment shall apply to all farmed cervid feed subject to the provisions of G.S. 106-284.40(b), and the assessment shall be remitted to the Department with the inspection fee imposed by G.S. 106-284.40. The Department shall provide forms for reporting the assessment. Persons who purchase farmed cervid feed on which the assessment has not been paid shall report these purchases and pay the assessment to the Department.
(b) The Association may bring an action to collect unpaid assessments against any feed manufacturer or distributor who fails to pay the assessment. (2016-113, s. 11.)
§ 106-1059. Use of funds; refunds.
(a) The Department shall remit all funds collected under this Article to the Association at least quarterly. The Association shall use these funds to promote the interests of the farmed cervid industry and may use these funds for those administrative expenses that are reasonably necessary to carry out this function.
(b) Any person who purchases farmed cervid feed upon which the assessment has been paid shall have the right to receive a refund of the assessment by making a demand in writing to the Association within one year of purchase of the feed. This demand shall be accompanied by proof of purchase satisfactory to the Association. (2016-113, s. 11.)
§ 106-1060: Reserved for future codification purposes.
§ 106-1061: Reserved for future codification purposes.
§ 106-1062: Reserved for future codification purposes.
§ 106-1063: Reserved for future codification purposes.