Bill Summary for S 638 (2013-2014)

Summary date: 

Jun 24 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 638 (Public) Filed Tuesday, April 2, 2013
AN ACT TO ENACT THE NORTH CAROLINA FARM ACT OF 2013 TO (1) LIMIT THE LIABILITY OF NORTH CAROLINA COMMODITY PRODUCERS ARISING FROM FOOD SAFETY ISSUES RELATED TO THEIR PRODUCTS; (2) LIMIT THE LIABILITY OF FARM ANIMAL ACTIVITY SPONSORS, FARM ANIMAL PROFESSIONALS, AND AGRITOURISM OPERATORS AND CLARIFY THAT EQUINE RECREATION WHERE THE LANDOWNER RECEIVES NO COMPENSATION IS SUBJECT TO THE RECREATIONAL USE STATUTE AND NOT THE EQUINE ACTIVITY LIABILITY STATUTE; (3) ALLOW THE COMMISSIONER OF AGRICULTURE TO ASSESS NONMONETARY PENALTIES TO ADDRESS VIOLATIONS WHEN APPROPRIATE; (4) DECREASE THE FREQUENCY OF THE AGRICULTURAL WATER USE SURVEY; (5) LIMIT THE PERSONALLY IDENTIFYING INFORMATION THAT THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES MAY DISCLOSE ABOUT ITS ANIMAL HEALTH PROGRAMS; (6) MAKE CONFORMING CHANGES TO THE NAME OF THE STRUCTURAL PEST CONTROL AND PESTICIDES DIVISION AND CLARIFY THE RESPONSIBILITIES OF THE DIVISION; (7) AMEND CERTAIN EGG LABELING REQUIREMENTS; (8) REPEAL THE INTERSTATE PEST CONTROL COMPACT; (9) REPEAL CERTAIN CLEANLINESS STANDARDS FOR CREAMERIES AND DAIRY FACILITIES THAT ARE ADDRESSED BY THE NC FOOD, DRUG, AND COSMETIC ACT; (10) CHANGE SETBACK DISTANCES AND BURN TIMES FOR FLAMMABLE MATERIALS RESULTING FROM GROUND CLEARING ACTIVITIES; (11) REPEAL THE STATE SULFUR CONTENT STANDARDS FOR GASOLINE; (12) EXEMPT FORESTRY AND SILVICULTURE OPERATIONS FROM TEMPORARY DRIVEWAY PERMITTING; (13) ALLOW A FARM BUILDING THAT IS USED FOR PUBLIC OR PRIVATE EVENTS TO MAINTAIN ITS FARM BUILDING STATUS FOR PURPOSES OF THE STATE BUILDING CODE; (14) EXEMPT CERTAIN STRUCTURES FROM THE SPRINKLER SYSTEM REQUIREMENTS OF THE NORTH CAROLINA BUILDING CODE; (15) ALLOW RETAILERS TO DISPLAY MORE THAN FOUR HUNDRED SQUARE FEET OF NURSERY STOCK FOR SALE IN THEIR PARKING LOTS; (16) EXPAND THE AGRICULTURAL DAM EXEMPTION TO THE DAM SAFETY ACT; (17) ALLOW A LANDOWNER TO WITHDRAW WATER FOR AGRICULTURAL USE DURING WATER SHORTAGE EMERGENCIES UNDER CERTAIN CONDITIONS; (18) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE DEPARTMENT OF TRANSPORTATION TO JOINTLY PETITION THE WILMINGTON DISTRICT OF THE UNITED STATES ARMY CORPS OF ENGINEERS TO ALLOW FOR GREATER FLEXIBILITY AND OPPORTUNITY TO PERFORM STREAM AND WETLANDS MITIGATION BEYOND THE IMMEDIATE WATERSHED WHERE DEVELOPMENT WILL OCCUR; AND (19) ACCELERATE THE SUNSET DATE OF THE PETROLEUM DISPLACEMENT PLAN AS A RESULT OF THE STATE HAVING SUBSTANTIALLY ACHIEVED ITS TWENTY PERCENT REDUCTION GOAL OF THE USE OF PETROLEUM PRODUCTS.
Intro. by Jackson, Brock.

View: All Summaries for BillTracking:

Bill summary

House committee substitute to the 2nd edition makes the following changes.

Enacts new GS 99B-12 entitling a commodity producer who is certified by the US Department of Agriculture Agricultural Marketing Service Good Agricultural Practices and Good Handling Practices Audit Verification Program, or other designated third party certification program, to a rebuttable presumption that the commodity producer was not negligent when death or injury is proximately caused by the consumption of the producer's raw agricultural commodity. Provides that the presumption can be overcome only by clear and convincing evidence. Defines commodity producer and raw agricultural commodity.

Amends GS 99E-2 to delete acts of negligence or omission that proximately caused the injury, damage, or death from those acts that an equine activity sponsor, equine professional, or another person engaged in an equine activity can be held liable for.

Amends GS 99E-4 as follows. Amends the definition of farm animal activity to remove reference to informal or impromptu in regard to rides, trips, shows, clinics, hunts, parades, games, exhibitions, or other activities sponsored by a farm animal activity sponsor.

Amends GS 99E-5 to delete acts of negligence or omission that proximately caused the injury, damage, or death from those acts that a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity can be held liable for.

Amends GS 99E-31 to delete acts of negligence that proximately caused the injury, damage, or death from those acts that an agritourism professional can be held liable for. Effective July 1, 2013.

Amends GS 106-65.23 to make language gender neutral and to change the name of the Structural Pest Control Division to the Structural Pest Control and Pesticides Division. Removes the requirement that the Structural Pest Control Committee report to the Board of Agriculture on the action taken in the Committee's final decision and the financial status of the Structural Pest Control Division. Makes conforming changes to the Division's name in GS 106-65.24 and GS 106-65.30.

Amends GS 106-245.20 to provide that the statute (which establishes egg labeling requirements) does not apply to retailers who (1) display egg prices in the same manner as other products the retailer sells and (2) comply with GS 106-245.15 (designation of grade and class on containers required; conformity with designation; exemption).

Enacts new GS 136-92.1 to exempt forestry operations and silviculture operations that require temporary ingress from a property to state roads from the temporary driveway permit process, except for controlled access facilities, if the operator of the temporary driveway has attended an education course on timbering access and has obtained a safety certification.

Makes conforming changes to the act's long title.

Makes technical changes to GS 143-138.

Repeals GS 143-214.7(d1), which prohibits a retail merchant from using more than 400 square feet of impervious surface area within the portion of the merchant's premises that is designed to be used for vehicular parking for the display and sale of nursery stock, with listed exceptions.

Amends the directive requiring the Department of Environment and Natural Resources and the Department of Transportation to petition the Wilmington District of the US Army Corps of Engineers to require that it include petition for greater flexibility and opportunity to perform stream mitigation, as well as wetlands mitigation, outside of the eight digit hydrologic unit code where development will occur.

Amends SL 2005-276, Section 19.5(a), as amended, to require all state agencies, universities, and community colleges that have state-owned vehicle fleets to continue to implement petroleum displacement plans to improve the state's use of alternative fuels, synthetic lubricants, and efficient vehicles. Requires that efforts include use of specified types of fuel and vehicles and the use of advanced technology to manage and reduce the consumption of petroleum products. Deletes the requirement that the plan achieve a 20% reduction of current petroleum products by July 1, 2016, requiring a report to the State Energy Office before implementing a plan, and requiring the State Energy Office to report on plans to the Joint Legislative Commission on Governmental Operations and requiring agencies to implement their plans by January 1, 2006.

 

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view