It shall be unlawful for any person, firm or corporation to put or place (i) any strychnine, other poisonous compounds or ground glass on any beef or other foodstuffs of any kind, or (ii) any antifreeze that contains ethylene glycol and is not in a closed container, in any public square, street, lane, alley or on any lot in any village, town or city or on any public road, open field, woods or yard in the country. Any person, firm or corporation who violates the provisions of this section shall be liable in damages to the person injured thereby and also shall be guilty of a Class 1 misdemeanor. This section shall not apply to the poisoning of insects or worms for the purpose of protecting crops or gardens by spraying plants, crops, or trees, to poisons used in rat extermination, or to the accidental release of antifreeze containing ethylene glycol. (1941, c. 181; 1953, c. 1239; 1993, c. 143, c. 539, s. 270; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
Cited in
4
cases, 1980–2019 · leading case:
State v. Rankin, 809 S.E.2d 358 (N.C. Ct. App. 2018).
State v. Rankin, 809 S.E.2d 358 (N.C. Ct. App. 2018).
· cites it 5× “, in certain public places, prohibited -It shall be unlawful for any person, firm or corporation to put or place any strychnine, other poisonous compounds or ground glass on any beef or other foodstuffs of any kind in any public square, street, lane, alley or on any lot in any…”
State v. Trimble, 262 S.E.2d 299 (N.C. Ct. App. 1980).
· cites it 9× “Elements of the Offense Appellant was convicted under N.C. Gen. Stat. § 14-401 , which statute provides as follows: “§ 14-401.”
State v. Mather, 728 S.E.2d 430 (N.C. Ct. App. 2012).
· cites it 4× “§ 14-401 , a criminal statute against putting poisonous foodstuffs in certain public places, which provided that the statute “shall not apply” to poisons used for protecting crops and gardens and for rat extermination. Id. The Trimble Court applied the following standard in its…”
State v. Edgerton, 832 S.E.2d 249 (N.C. Ct. App. 2019).
· cites it 2× “3 Based on the structure of Section 14-72(b)(6), our Supreme Court’s definition of its elements in Brice, and the availability to defendants of information regarding whether they had or waived counsel when they obtained prior convictions, we hold that representation by or waiver…”
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