Bill Summary for S 711 (2017-2018)

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Summary date: 

Jun 13 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 711 (Public) Filed Wednesday, May 16, 2018
AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS.
Intro. by B. Jackson, Cook, Sanderson.

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Bill summary

House amendments make the following changes to the 5th edition.

Amendment #1 to provide that nothing in Section 6 of the act, concerning the labeling of plant based products as milk, limits the Department of Agriculture and Consumer Services' authority to enforce its laws and regulations.

Amendment #2, as amended by amendment #6, amends GS 106-701 by amending the conditions that must be met before a nuisance action may be filed against an agricultural or forestry operation, to require that the real property affected by the conditions alleged to be a nuisance be located within one half-mile of the source of the activity or structure alleged to be a nuisance (was, within one half-mile of the agricultural or forestry operation).

Amendment #3 amends GS 106-702 to provide that a plaintiff may not recover punitive damages for a private nuisance action where the alleged nuisance emanated from an agricultural or forestry operation that has not been subject to a criminal conviction or a civil enforcement action taken by a State or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance within the three years prior to the first act on which the nuisance action is based.

Amendment #5 adds a section amending GS 106-266.35 to allow the dispensing of raw milk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use or consumption by, an independent or partial owner of a cow, goat, or other lactating animal. Exempts raw milk or raw milk products dispensed for personal use or consumption to the independent or partial owner of a cow, goat, or other lactating animal from the required labeling about the illegality of selling raw milk. For the purposes of the statute, adds that "sale" or "sold" does not include the transfer or dispensing of raw milk or raw milk products to, or the right to acquire raw milk or raw milk products by, the independent or partial owner of a cow, goat, or other lactating animal. Effective October 1, 2018.