GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

CHAPTER 691

SENATE BILL 358

AN ACT TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES TO IMPOSE A MONETARY PENALTY FOR VIOLATION OF RULES GOVERNING NUTRITION STANDARDS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 130A-22 is amended by adding the following new subsection to read:

"(c1) The Secretary may impose a monetary penalty on a vendor who violates rules adopted by the Commission pursuant to Article 13 of this Chapter when the Secretary determines that disqualification would result in hardship to participants in the Women, Infants, and Children (WIC) program.  The penalty shall be calculated using the following formula: multiply five percent (5%) times the average dollar amount of the vendor's monthly redemptions of WIC food instruments for the 12-month period immediately preceding disqualification, then multiply that product by the number of months of the disqualification period determined by the Secretary."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 15th day of July, 1991.

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James C. Gardner

President of the Senate

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Daniel Blue, Jr.

Speaker of the House of Representatives