reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 62B - Spirituous Liquor Advisory Council. › § 106-755.10 - North Carolina Spirituous Liquor Advisory Council established.

§ 106-755.10. North Carolina Spirituous Liquor Advisory Council established.
The Commissioner shall appoint a North Carolina Spirituous Liquor Advisory Council (Council) to consist of individuals who have education or experience in the spirituous liquor industry or in the field of tourism. The membership shall be comprised of members of the spirituous liquor industry in North Carolina, at least one representative of the North Carolina Restaurant and Lodging Association, at least one representative of the North Carolina Association of ABC Boards, at least one representative of the ABC Commission, and any other person selected by the Commissioner. Notwithstanding any other provision of law, Council members shall receive no salary, per diem, subsistence, travel reimbursement, or other stipend or reimbursement as a result of serving on the Council. (2021-150, s. 5.1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 62B - Spirituous Liquor Advisory Council. › § 106-755.11 - Powers and duties of the Council.

§ 106-755.11. Powers and duties of the Council.
The Council shall have all of the following powers and duties:
(1) To identify and implement methods for improving North Carolina's rank as a spirituous liquor-producing State.
(2) To assure orderly growth and development of North Carolina's spirituous liquor industry.
(3) To increase public awareness of the quality of North Carolina spirituous liquor.
(4) To coordinate the interaction of North Carolina's spirituous liquor industry with other segments of the State's economy such as tourism, retail trade, and horticulture.
(5) To conduct methods of quality assurance of North Carolina's spirituous liquor industry to create a sound foundation for further growth.
(6) To assist in the coordination of the activities of the various State agencies and other organizations contributing to the development of the spirituous liquor industry.
(7) To enter into agreements with any local, State, or national organizations or agencies engaged in education for the purpose of disseminating information on spirituous liquor projects.
(8) To develop a plan that identifies problems and constraints of the spirituous liquor industry, proposes solutions to those problems, and delineates planning mechanisms for the orderly growth of the industry.
(9) To render advice and recommendations, including legislative recommendations, to the Commissioner regarding all of the above powers and duties. (2021-150, s. 5.1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 63 - Aquaculture Development Act. › § 106-756 - Legislative findings and purpose.

§ 106-756. Legislative findings and purpose.
The General Assembly finds and declares that it is in the best interest of the citizens of North Carolina to promote and encourage the development of the State's aquacultural resources in order to augment food supplies, expand employment, promote economic activity, increase stocks of native aquatic species, enhance commercial and recreational fishing and protect and better use the land and water resources of the State. (1989, c. 752, s. 147.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 63 - Aquaculture Development Act. › § 106-758 - Definitions.

§ 106-758. Definitions.
In addition to the definitions in G.S. 113-129, the following definitions shall apply as used in this Article,
(1) "Aquaculture" means the propagation and rearing of aquatic species in controlled or selected environments, including, but not limited to, ocean ranching;
(2) "Aquaculture facility" means any land, structure or other appurtenance that is used for aquaculture, including, but not limited to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other equipment used in aquaculture;
(3) "Aquatic species" means any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant, and including, but not limited to, "fish" and "fishes" as defined in G.S. 113-129(7);
(4) "Commissioner" means the Commissioner of Agriculture;
(5) "Department" means the North Carolina Department of Agriculture and Consumer Services. (1989, c. 752, s. 147; 1993, c. 18, s. 1; 1997-261, s. 71.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 63 - Aquaculture Development Act. › § 106-759 - Lead agency; powers and duties.

§ 106-759. Lead agency; powers and duties.
(a) For the purposes of this Article, aquaculture is considered to be a form of agriculture and thus the Department of Agriculture and Consumer Services is designated as the lead State agency in matters pertaining to aquaculture.
(b) The Department shall have the following powers and duties:
(1) To provide aquaculturalists with information and assistance in obtaining permits related to aquacultural activities;
(2) To promote investment in aquaculture facilities in order to expand production and processing capacity; and
(3) To work with appropriate State and federal agencies to review, develop and implement policies and procedures to facilitate aquacultural development. (1989, c. 752, s. 147; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 63 - Aquaculture Development Act. › § 106-762 - Fish disease management.

§ 106-762. Fish disease management.
(a) The North Carolina Department of Agriculture and Consumer Services shall, with the assistance of the Wildlife Resources Commission, develop and implement a fish disease management plan to prevent the introduction of fish diseases through aquaculture facilities subject to the provisions and duly adopted rules of this section into the State.
(b) Release of fish. It shall be unlawful to willfully release domestically raised fish into the waters of the State, other than in private ponds as defined by G.S. 113-129, without written permission of the Wildlife Resources Commission, or the Division of Marine Fisheries of the Department of Environmental Quality. (1993, c. 18, s. 2; 1997-261, s. 77; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 63 - Aquaculture Development Act. › § 106-763 - Fish passage and residual stream flow.

§ 106-763. Fish passage and residual stream flow.
(a) Natural watercourses as designated by law or regulation shall not be blocked with a stand, dam, weir, hedge, or other water diversion structure to supply an aquaculture facility that in any way prevents or fails to maintain the free passage of anadromous or indigenous fish.
(b) Residual flow in a natural watercourse below the point of water withdrawal supplying an aquaculture operation shall be sufficient to prevent destruction or serious diminution of downstream fishery habitat and shall be consistent with rules adopted by the Environmental Management Commission. (1993, c. 18, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 63 - Aquaculture Development Act. › § 106-763.1 - Propagation and production of American alligators.

§ 106-763.1. Propagation and production of American alligators.
(a) License Required. – A person who intends to raise American alligators commercially must first obtain an Aquaculture Propagation and Production Facility License from the Department. The Board of Agriculture may regulate a facility that raises American alligators to the same extent that it can regulate any other facility licensed under this Article.
(b) Requirements. – A facility that raises American alligators commercially must comply with all of the following requirements:
(1) Before a facility begins operation, it must prepare and implement a confinement plan. After a facility begins operation, it must adhere to the confinement plan. A confinement plan must comply with guidelines developed and adopted by the Wildlife Resources Commission. The Department may inspect a facility to determine if the facility is complying with the confinement plan. As used in this subdivision, "confinement" includes production within a building or similar structure and a perimeter fence.
(2) A facility can possess only hatchlings that have been permanently tagged and have an export permit from their state of origin. The facility must keep records of all hatchlings it receives and must make these records available for inspection by the Wildlife Resources Commission and the Department upon request.
(3) If the facility uses swine, poultry, or other livestock for feed, it must have a disease management plan that has been approved by the State Veterinarian, and it must comply with the plan.
(4) The activities of the facility must comply with the Endangered Species Act and the Convention on International Trade in Endangered Species. The Department is the State agency responsible for the administration of this program for farm-raised alligators.
(c) Sanctions. – The operator of a facility that possesses an untagged or undocumented alligator commits a Class H felony if the operator knows the alligator is untagged or undocumented. Conviction of an operator of a facility under this section revokes the license of the facility for five years beginning on the date of the conviction. An operator convicted under this section may not be the operator of any other facility required to be licensed under this Article for five years beginning on the date of the conviction. (1997-198, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 63 - Aquaculture Development Act. › § 106-764 - Violation.

§ 106-764. Violation.
A person who violates this act or a rule of the Board of Agriculture adopted hereunder is guilty of a Class 3 misdemeanor. (1993, c. 18, s. 2; 1994, Ex. Sess., c. 14, s. 56.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 65 - Strawberry Assessment Act. › § 106-782 - Findings and purpose.

§ 106-782. Findings and purpose.
The General Assembly hereby finds that strawberry production makes an important contribution to the State's economy; and that it is appropriate for the State to provide a means whereby strawberry producers may voluntarily assess themselves in order to provide funds for strawberry research and marketing. (1989 (Reg. Sess., 1990), c. 1027, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 65 - Strawberry Assessment Act. › § 106-783 - Definitions.

§ 106-783. Definitions.
As used in this Article:
(1) "Association" means the North Carolina Strawberry Association, Inc.
(2) "Commercial production" means the production of strawberries for sale.
(3) "Department" means the North Carolina Department of Agriculture and Consumer Services.
(4) "Strawberry plant seller" means a person who sells strawberry plants to growers for commercial production of strawberries. (1989 (Reg. Sess., 1990), c. 1027, s. 1; 1997-261, s. 78; 1997-371, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 65 - Strawberry Assessment Act. › § 106-784 - Referendum.

§ 106-784. Referendum.
(a) At any time after the effective date of this Article, the Association may conduct a referendum among strawberry producers upon the question of whether an assessment shall be levied as provided for herein.
(b) The Association shall determine:
(1) The amount of the proposed assessment;
(2) The period for which the assessment shall be levied, not to exceed three years;
(3) The time and place of the referendum;
(4) Procedures for conducting the referendum and counting of votes; and
(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; provided that no annual assessment shall exceed five percent (5%) of the value of the previous year's strawberry plant sales.
(d) All persons engaged in the commercial production of strawberries, including owners of farms, tenants and sharecroppers shall be eligible to vote in the referendum. Any questions concerning eligibility to vote shall be resolved by the Board of Directors of the Association. (1989 (Reg. Sess., 1990), c. 1027, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 65 - Strawberry Assessment Act. › § 106-785 - Two-thirds vote required; collection of assessment; penalties; audits.

§ 106-785. Two-thirds vote required; collection of assessment; penalties; audits.
(a) The assessment shall not be collected unless at least two-thirds of the votes cast in the referendum are in favor of the assessment. If at least two-thirds of the votes cast in the referendum are in favor of the assessment, then the Department shall notify all strawberry plant sellers of the assessment. The assessment shall be added by the strawberry plant sellers to the price of all strawberry plants sold for commercial planting in North Carolina. The Department shall provide forms to the strawberry plant sellers for reporting the assessment. All strawberry plant sellers shall provide each purchaser of strawberry plants for commercial production with an invoice that sets forth the amount of the assessment on the purchase covered by the invoice. Persons who purchase strawberry plants for commercial production on which the assessment has not been collected by the seller shall report such purchases and pay the assessment to the Department.
(b) Each strawberry plant seller shall remit to the Department no later than the tenth day following the end of each calendar quarter the assessment on strawberry plants sold during that quarter. Any strawberry plant seller who fails to remit the assessment for the previous year's sales by January 10 shall pay a penalty of five percent (5%) of the unpaid assessment plus a penalty of one percent (1%) of the unpaid assessment for each month after January 10 that the assessment remains unpaid.
(c) The Association may conduct inspections or audits of the books of any strawberry plant seller. If the inspection or audit reveals that a strawberry plant seller has willfully failed to remit assessments when due, the seller shall pay the Association the reasonable costs of the inspection or audit.
(d) The Association may bring an action to collect unpaid assessments, penalties, and reasonable costs of any inspection or audit as provided in subsection (c) of this section, against any strawberry plant seller who fails to pay the assessment, penalties, or costs. If successful, the Association shall also recover the cost of such action, including attorneys' fees. (1989 (Reg. Sess., 1990), c. 1027, s. 1; 1997-371, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 65 - Strawberry Assessment Act. › § 106-786 - Use of funds; refunds.

§ 106-786. Use of funds; refunds.
The Department shall remit all funds collected under this Article to the Association at least monthly.
The Association shall use such funds for research and marketing related to strawberries including such administrative expenses as may be reasonably necessary to carry out this function. A funding committee composed of seven members of the Association appointed by the Commissioner of Agriculture, shall approve all expenditures of such funds. Funding committee members may be reimbursed for necessary expenses as determined by the Association's Board of Directors.
Any person who has purchased strawberry plants upon which the assessment has been paid shall have the right to receive a refund of the assessment by making demand in writing to the Association within 30 days of purchase of the plants. Such demand must be accompanied by proof of purchase satisfactory to the funding committee. (1989 (Reg. Sess., 1990), c. 1027, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66 - Pork Promotion Assessment Act. › § 106-792 - Definitions.

§ 106-792. Definitions.
The following definitions apply in this Article:
(1) Association. – The North Carolina Pork Producers Association, Inc., a North Carolina nonprofit corporation.
(2) Buyer. – Any person engaged as (i) a commission merchant, (ii) an auction market, or (iii) a livestock market in the business of receiving porcine animals for sale on commission for or on behalf of a pork producer.
(3) Department. – The North Carolina Department of Agriculture and Consumer Services.
(4) Market. – To sell, slaughter for sale, or otherwise dispose of a porcine animal in commerce.
(5) Person. – An individual, a partnership, a firm, or a corporation.
(6) Porcine animal. – Swine raised for seed stock, market hogs, or slaughter.
(7) Pork producer. – A person who (i) is a North Carolina resident, (ii) owns, manages, or has a financial interest in pork production, and (iii) is actively involved in the production of porcine animals. (1991, c. 605, s. 1; 1997-261, s. 79.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66 - Pork Promotion Assessment Act. › § 106-793 - Referendum.

§ 106-793. Referendum.
(a) The Association may conduct among pork producers a referendum upon the question of whether an assessment shall be levied on porcine animals sold in this State.
(b) The Association shall determine:
(1) The amount of the proposed assessment.
(2) The time and place of the referendum.
(3) Procedures for conducting the referendum and counting of votes.
(4) Any other matters pertaining to the referendum.
(c) The amount of the proposed assessment shall be stated on the referendum ballot. The amount may not exceed five cents (5¢) for each porcine animal sold in this State. If the assessment is approved in the referendum, the Association may set the assessment at an amount equal to or less than the amount stated on the ballot. If the Association sets a lower amount than the amount approved by referendum, it may increase the amount annually without a referendum by no more than one cent (1¢) for each porcine animal. The increased rate may not exceed the amount approved by referendum and may not exceed the maximum allowable rate of five cents (5¢) for each porcine animal.
(d) All pork producers may vote in the referendum. Any dispute over eligibility to vote or any other matter relating to the referendum shall be determined by the Association. The Association shall make reasonable efforts to provide pork producers with notice of the referendum and an opportunity to vote. (1991, c. 605, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66 - Pork Promotion Assessment Act. › § 106-794 - Payment and collection of assessment.

§ 106-794. Payment and collection of assessment.
(a) The assessment shall not be collected unless more than half of the votes cast in the referendum are in favor of the assessment. If more than half of the votes cast in the referendum are in favor of the assessment, then the Association shall notify the Department of the amount of the assessment and the effective date of the assessment. The Department shall notify all buyers and pork producers of the assessment.
(b) Each pork producer must pay an assessment on each porcine animal sold to a buyer.
(c) A buyer of a porcine animal shall collect the assessment when buying a porcine animal by deducting the assessment from the price paid for the animal. The buyer shall remit collected assessments to the Department no later than the 10th day of the following month. The Department shall provide forms to buyers for reporting the assessment. If the total assessments collected by a buyer in a month are less than twenty-five dollars ($25.00), the buyer may keep the assessments until the total amount due is at least twenty-five dollars ($25.00) or the end of the quarter, whichever comes first. All buyers shall file at least one report in each calendar quarter, regardless of the amount due.
(d) A buyer of porcine animals shall keep records of the number of porcine animals purchased and the date purchased. All information or records regarding purchases of porcine animals by individual buyers shall be kept confidential by employees or agents of the Department and the Association, and shall not be disclosed except by court order.
(e) The Association may bring an action to recover any unpaid assessments, plus the reasonable costs, including attorney fees, incurred in the action. (1991, c. 605, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66 - Pork Promotion Assessment Act. › § 106-795 - Use of assessments; Refunds.

§ 106-795. Use of assessments; refunds.
(a) The Department shall remit all funds collected under this Article to the Association at least monthly. The Association shall use the funds to promote the interests of the pork industry. In order to prevent duplication of effort, these funds shall not be used for activities funded under 7 U.S.C. Chapter 79, Pork Promotion, Research, and Consumer Information.
(b) A pork producer may request a refund of an assessment deducted from the sales price of a porcine animal sold by the producer by submitting a written request for a refund to the Association within 30 days after the buyer of the animal collected the assessment. A refund request must be accompanied by proof of payment of the assessment satisfactory to the Association. The Association shall mail a refund to the producer within 30 days of receipt of a properly documented refund request. (1991, c. 605, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66 - Pork Promotion Assessment Act. › § 106-796 - Termination of assessment.

§ 106-796. Termination of assessment.
Upon receipt of a petition signed by at least ten percent (10%) of the pork producers in North Carolina known to the Association, the Department shall notify the Association, and the Association shall, within six months, conduct a referendum upon the question of continuing the assessment. If a majority of the votes cast in the referendum are against continuing the assessment, or if the Association fails to conduct a referendum within the six-month period, the assessment expires at the end of the six-month period. If a majority of the votes cast in the referendum are in favor of continuing the assessment, then no subsequent referendum shall be held for at least three years. (1991, c. 605, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66A - Transportation of Swine. › § 106-798 - Identification required to transport swine.

§ 106-798. Identification required to transport swine.
(a) No live swine shall be transported on a public road within the State unless the swine has an official form of identification approved by the State Veterinarian for this purpose.
(b) Any live swine that is transported on a public road within this State without identification as required by this section is presumed to be a feral swine and is also subject to regulation by the Wildlife Resources Commission under Chapter 113 of the General Statutes. Any person transporting a swine without identification is subject to a civil penalty under this Article.
(c) Swine that do not leave the premises of the swine owner are not subject to the identification requirement under this section.
(d) The Board of Agriculture shall adopt rules to charge any swine owner a fee for the identification required under this section. The fee may not exceed the actual cost to the Department of Agriculture and Consumer Services for the identification approved by the State Veterinarian and any direct administrative costs associated with providing the identification to swine owners. The Board of Agriculture shall adopt any other rules necessary to implement this Article. (2011-326, s. 19.7; 2011-369, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66A - Transportation of Swine. › § 106-798.1 - Penalty for unlawful transport of swine without identification.

§ 106-798.1. Penalty for unlawful transport of swine without identification.
Any person who fails to obtain identification as required under this Article shall be subject to a civil penalty of up to five thousand dollars ($5,000) for each violation. Each swine that has no identification is a separate violation. (2011-326, s. 19.7; 2011-369, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 66A - Transportation of Swine. › § 106-798.2 - Penalty for misuse of identification.

§ 106-798.2. Penalty for misuse of identification.
Any person who misuses the identification required under this Article shall be subject to a civil penalty of one thousand dollars ($1,000) for each occurrence. A person misuses identification required under this Article by knowingly providing it to other than the owner of the swine or by engaging in other activity that is in violation of this Article. (2011-326, s. 19.7; 2011-369, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 67 - Swine Farms. › § 106-800 - Title.

§ 106-800. Title.
This Article shall be known as the "Swine Farm Siting Act". (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 67 - Swine Farms. › § 106-801 - Purpose.

§ 106-801. Purpose.
The General Assembly finds that certain limitations on the siting of swine houses and lagoons for swine farms can assist in the development of pork production, which contributes to the economic development of the State, by lessening the interference with the use and enjoyment of adjoining property. (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 67 - Swine Farms. › § 106-802 - Definitions.

§ 106-802. Definitions.
As used in this Article, unless the context clearly requires otherwise:
(1) "Lagoon" means a confined body of water to hold animal byproducts including bodily waste from animals or a mixture of waste with feed, bedding, litter or other agricultural materials.
(2) Repealed by Session Laws 1995 (Regular Session, 1996), c. 626, s. 7.
(3) "Occupied residence" means a dwelling actually inhabited by a person on a continuous basis as exemplified by a person living in his or her home.
(3a) "Outdoor recreational facility" means any plot or tract of land on which there is located an outdoor swimming pool, tennis court, or golf course that is open to either the general public or to the members and guests of any organization having 50 or more members.
(4) "Site evaluation" means an investigation to determine if a site meets all federal and State standards as evidenced by the Waste Management Facility Site Evaluation Report on file with the Soil and Water Conservation District office or a comparable report certified by a professional engineer or a comparable report certified by a technical specialist approved by the North Carolina Soil and Water Conservation Commission.
(5) "Swine farm" means a tract of land devoted to raising 250 or more animals of the porcine species.
(6) "Swine house" means a building that shelters porcine animals on a continuous basis. (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); c. 743, s. 3; 1997-443, s. 11A.119(a); 1997-456, s. 15; 1997-458, s. 4.1; 1997-496, s. 12.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 67 - Swine Farms. › § 106-803 - Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms.

§ 106-803. Siting requirements for swine houses, lagoons, and land areas onto which waste is applied at swine farms.
(a) A swine house or a lagoon that is a component of a swine farm shall be located:
(1) At least 1,500 feet from any occupied residence.
(2) At least 2,500 feet from any school; hospital; church; outdoor recreational facility; national park; State Park, as defined in G.S. 143B-135.44; historic property acquired by the State pursuant to G.S. 121-9 or listed in the North Carolina Register of Historic Places pursuant to G.S. 121-4.1; or child care center, as defined in G.S. 110-86, that is licensed under Article 7 of Chapter 110 of the General Statutes.
(3) At least 500 feet from any property boundary.
(4) At least 500 feet from any well supplying water to a public water system, as defined in G.S. 130A-313.
(5) At least 500 feet from any other well that supplies water for human consumption. This subdivision does not apply to a well located on the same parcel or tract of land on which the swine house or lagoon is located and that supplies water only for use on that parcel or tract of land or for use on adjacent parcels or tracts of land all of which are under common ownership or control.
(a1) The outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 75 feet from any boundary of property on which an occupied residence is located and from any perennial stream or river, other than an irrigation ditch or canal.
(a2) No component of a liquid animal waste management system for which a permit is required under Part 1 or 1A of Article 21 of Chapter 143 of the General Statutes, other than a land application site, shall be constructed on land that is located within the 100-year floodplain.
(b) A swine house or a lagoon that is a component of a swine farm may be located closer to a residence, school, hospital, church, or a property boundary than is allowed under subsection (a) of this section if written permission is given by the owner of the property and recorded with the Register of Deeds. (1995, c. 420, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1; 2015-241, s. 14.30(mm).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 67 - Swine Farms. › § 106-804 - Enforcement.

§ 106-804. Enforcement.
(a) Any person who owns property directly affected by the siting requirements of G.S. 106-803 pursuant to subsection (b) of this section may bring a civil action against the owner or operator of a swine farm who has violated G.S. 106-803 and may seek any one or more of the following:
(1) Injunctive relief.
(2) An order enforcing the siting requirements under G.S. 106-803.
(3) Damages caused by the violation.
(b) A person is directly affected by the siting requirements of G.S. 106-803 only if the person owns a facility or property located within the siting requirements specified under G.S. 106-803.
(c) If the court determines it is appropriate, the court may award court costs, including reasonable attorneys' fees and expert witnesses' fees, to any party. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security. The court shall determine the amount of the bond or security.
(d) Nothing in this section shall restrict any other right that any person may have under any statute or common law to seek injunctive or other relief. (1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 67 - Swine Farms. › § 106-805 - Written notice of swine farms.

§ 106-805. Written notice of swine farms.
Any person who intends to construct a swine farm whose animal waste management system is subject to a permit under Part 1 or 1A of Article 21 of Chapter 143 of the General Statutes shall, after completing a site evaluation and before the farm site is modified, notify all adjoining property owners; all property owners who own property located across a public road, street, or highway from the swine farm; the county or counties in which the farm site is located; and the local health department or departments having jurisdiction over the farm site of that person's intent to construct the swine farm. This notice shall be by certified mail sent to the address on record at the property tax office in the county in which the land is located. Notice to a county shall be sent to the county manager or, if there is no county manager, to the chair of the board of county commissioners. Notice to a local health department shall be sent to the local health director. The written notice shall include all of the following:
(1) The name and address of the person intending to construct a swine farm.
(2) The type of swine farm and the design capacity of the animal waste management system.
(3) The name and address of the technical specialist preparing the waste management plan.
(4) The address of the local Soil and Water Conservation District office.
(5) Information informing the adjoining property owners and the property owners who own property located across a public road, street, or highway from the swine farm that they may submit written comments to the Division of Water Resources, Department of Environmental Quality. (1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1996, 2nd Ex. Sess., c. 18, s. 27.34(d); 1997-443, s. 11A.119(a); 1997-458, s. 4.1; 2013-413, s. 57(d); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68A - North Carolina Dairy Stabilization and Growth Program. › § 106-813 - North Carolina Dairy Stabilization and Growth Fund.

§ 106-813. North Carolina Dairy Stabilization and Growth Fund.
(a) The North Carolina Dairy Stabilization and Growth Fund is created as a nonreverting account in the Department of Agriculture and Consumer Services. The Fund shall consist of any money appropriated to the Fund by the General Assembly and money made available to it from grants, donations, and other sources. The Board of Agriculture shall actively seek donations, grants, and other sources of money for the Fund.
(b) The Board shall use the monies in the Fund as follows:
(1) Up to two percent (2%) of the money appropriated annually by the General Assembly may be used by the Department for the costs of administering the Dairy Stabilization and Growth Program. In the event that the General Assembly does not make an appropriation to the Fund in a given year, up to two percent (2%) of the balance remaining in the Fund may be used by the Department for the costs of administering the Program.
(2) The monies remaining after administrative expenses are deducted shall be used to provide assistance to North Carolina dairy farmers in accordance with the provisions of G.S. 106-814.
(3) At the end of any fiscal year in which the total payments to North Carolina dairy farmers under G.S. 106-814 are less than fifty percent (50%) of the amount appropriated by the General Assembly for the year, five percent (5%) of the unspent appropriation for the year may be set aside for use in that year and subsequent years for programs to support the development of the dairy industry. (2006-139, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68A - North Carolina Dairy Stabilization and Growth Program. › § 106-814 - Dairy Stabilization and Growth Program.

§ 106-814. Dairy Stabilization and Growth Program.
(a) On July 1 of each year the Board of Agriculture shall set a milk support baseline price. The baseline price per hundredweight of milk shall be the average United States Department of Agriculture Federal Milk Market Order Class I price mover for the previous 10 years less fifty cents (50¢).
(b) The Board shall adopt rules implementing the provisions of this Article. The rules shall include criteria for eligibility for distributions from the Fund, procedures for applications for distributions from the Fund, the method by which the amount of a payment to a producer shall be calculated, and the manner of payment to producers.
(c) Each month the Board shall determine whether the monthly announced United States Department of Agriculture Federal Milk Market Order Class I price mover has dropped below the baseline price set for the year. If the monthly announced Class I price mover is lower than the baseline price, then each producer who meets the requirements of subsection (f) of this section shall become eligible for a distribution from the Fund in an amount equal to the difference between the baseline price and the monthly announced Class I price mover multiplied by the hundredweight of milk sold by the producer for the month.
(d) Under exceptional circumstances, and in the discretion of the Board, the amount of any monthly distribution as calculated by the formula set forth in subsection (c) of this section may be increased by an amount not to exceed one dollar ($1.00) per hundredweight of milk sold in that month.
(e) Distributions shall be made to eligible producers at least quarterly, unless in the judgment of the Board the payment amounts are trivial. All payments under the Program are subject to the availability of funds.
(f) To be eligible to receive assistance from the Dairy Stabilization and Growth Fund, a dairy farmer shall demonstrate to the satisfaction of the Board that they are in compliance with the following rules and regulations:
(1) For Grade A milk producers, the federal Grade A milk regulations.
(2) For non-Grade A producers, Article 26 of Chapter 106 of the General Statutes and the rules implementing that Article.
(g) Farmers who fail to demonstrate compliance with applicable rules and regulations shall become ineligible for assistance from the Fund until compliance is attained. (2006-139, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68B - Grade "A" Dairy Assessment Act. › § 106-816.1 - Purpose.

§ 106-816.1. Purpose.
It is in the public interest for the State to enable dairy producers to assess themselves in order to raise funds to promote the interests of the dairy industry. (2023-63, s. 5.4(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68B - Grade "A" Dairy Assessment Act. › § 106-816.2 - Definitions.

§ 106-816.2. Definitions.
The following definitions apply in this Article:
(1) Association. – The North Carolina Dairy Producers Association.
(2) Dairy cooperative. – An association of dairy producers owned by its members and organized to provide services to its members, including finding markets for milk produced by its members.
(3) Dairy producer. – A person who is a North Carolina resident, produces Grade "A" milk for commercial sale, and holds a Grade "A" milk permit from the Department.
(4) Department. – The North Carolina Department of Agriculture and Consumer Services.
(5) Grade "A" milk. – Fluid milk and milk products which have been produced, transported, handled, processed, and distributed in accordance with the provisions of the rules adopted by the Board of Agriculture.
(6) Milk. – The lacteal secretion practically free from colostrum obtained by the milking of one or more cows.
(7) Milk handler. – Any person, firm, corporation, or dairy cooperative engaged in the receiving, handling, distribution, or sale of fluid milk or milk products that are intended for bottling, manufacturing, processing, distribution, or sale in this State. (2023-63, s. 5.4(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68B - Grade "A" Dairy Assessment Act. › § 106-816.3 - Referendum.

§ 106-816.3. Referendum.
(a) The Association may conduct among dairy producers a referendum upon the question of whether an assessment shall be levied as provided for herein.
(b) The Association shall determine all of the following:
(1) The amount of the proposed assessment.
(2) The time and place of the referendum.
(3) Procedures for conducting the referendum and counting of votes.
(4) Any other matters pertaining to the referendum.
(c) The amount of the proposed referendum shall be stated on the referendum ballot. The amount may not exceed five cents (5¢) for each hundredweight of Grade "A" milk produced by a dairy producer in this State. If the assessment is approved in the referendum, the Association may set the assessment at an amount equal to or less than the amount stated on the ballot. If the Association sets a lower amount than the amount approved by referendum, it may increase the amount annually without a referendum by no more than one cent (1¢) for each hundredweight of Grade "A" milk. The increased rate may not exceed the amount approved by referendum and may not exceed the maximum allowable rate of five cents (5¢) for each hundredweight of Grade "A" milk.
(d) All dairy producers may vote in the referendum. Any dispute over eligibility to vote or any other matter relating to the referendum shall be determined by the Association. The Association shall make reasonable efforts to provide dairy producers with notice of the referendum and an opportunity to vote. (2023-63, s. 5.4(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68B - Grade "A" Dairy Assessment Act. › § 106-816.4 - Payment and collection of assessment.

§ 106-816.4. Payment and collection of assessment.
(a) The assessment shall not be collected unless more than half of the votes cast in the referendum are in favor of the assessment. If more than half of the votes cast in the referendum are in favor of the assessment, then the Association shall notify the Department of the amount of the assessment and the effective date of the assessment. The Department shall notify all dairy producers of the assessment.
(b) Each dairy producer shall pay an assessment on each hundredweight of Grade "A" milk produced in this State and sold commercially.
(c) Each milk handler or dairy cooperative shall collect the assessment by deducting the amount of the assessment from the proceeds of the sale of Grade "A" milk. The milk handler or dairy cooperative shall remit to the Department no later than the twentieth day following the end of each calendar month the assessment on Grade "A" milk sold during that month. Any fluid milk producer-processor who markets Grade "A" milk of its own production directly to consumers, or any dairy producer who does not use the services of a milk handler or dairy cooperative located in this State, shall also pay the assessment under this section. Any dairy producer who fails to remit the assessment for the previous year's sales by January 20 shall pay a penalty of five percent (5%) of the unpaid assessment plus a penalty of one percent (1%) of the unpaid assessment for each month after January 20 that the assessment remains unpaid.
(d) The Association may conduct inspections or audits of the books of any dairy producer. If the inspection or audit reveals that a dairy producer has willfully failed to remit assessments when due, the dairy producer shall pay the Association the reasonable costs of the inspection or audit.
(e) The Association may bring an action to collect unpaid assessments, penalties, and reasonable costs of any inspection or audit as provided in subsection (c) of this section against any dairy producer who fails to pay the assessment, penalties, or costs. If successful, the Association shall also recover the cost of such action, including attorneys' fees. (2023-63, s. 5.4(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68B - Grade "A" Dairy Assessment Act. › § 106-816.5 - Use of assessments; refunds.

§ 106-816.5. Use of assessments; refunds.
(a) The Department shall remit all funds collected under this Article to the Association at least quarterly. The Association shall use the funds to promote the interests of the dairy industry. The Association shall use such funds for research and marketing related to dairy products and the dairy industry, including such administrative expenses as may be reasonably necessary to carry out this function.
(b) A dairy producer may request a refund of the assessment collected under this Article by requesting in writing a refund form from the Association. The Association shall determine the contents of the refund form. The Association shall provide the dairy producer with a refund form within one week of receiving the dairy producer's request. After receiving the refund form from the Association, the dairy producer shall complete the form and provide proof of payment of the assessment to the Association no earlier than December 15 and no later than December 31 of a calendar year. The Association shall mail a refund to the dairy producer within 120 days of receipt of a properly completed and documented refund form. (2023-63, s. 5.4(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 68B - Grade "A" Dairy Assessment Act. › § 106-816.6 - Termination of assessment.

§ 106-816.6. Termination of assessment.
Upon receipt of a petition signed by at least fifty percent (50%) of the dairy producers in North Carolina known to the Association, the Department shall notify the Association and the Association shall, within six months, conduct a referendum upon the question of continuing the assessment. The referendum shall be conducted in the same manner as the initial referendum upon the question of whether an assessment shall be levied. If a majority of the votes cast in the referendum are against continuing the assessment, or if the Association fails to conduct a referendum within the six-month period, the assessment expires at the end of the six-month period. If a majority of the votes cast in the referendum are in favor of continuing the assessment, then no subsequent referendum shall be held for at least three years. (2023-63, s. 5.4(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 69 - Horse Industry Promotion Act. › § 106-821 - Findings.

§ 106-821. Findings.
The General Assembly finds that the horse industry makes an important contribution to the State's economy, and that it is appropriate for the State to provide a means for horse owners to voluntarily assess themselves in order to provide funds to promote the interests of the horse industry. (1998-154, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 69 - Horse Industry Promotion Act. › § 106-822 - Definitions.

§ 106-822. Definitions.
As used in this Article:
(1) "Commercial horse feed" means any commercial feed, as defined in G.S. 106-284.33, labeled or marketed for equine use.
(2) "Council" means the North Carolina Horse Council.
(3) "Department" means the Department of Agriculture and Consumer Services.
(4) "Equine" means a horse, pony, mule, donkey, or hinny.
(5) "Horse owner" means a person who (i) is a North Carolina resident and (ii) owns or leases an equine. (1998-154, s. 1; 2014-103, s. 8.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 69 - Horse Industry Promotion Act. › § 106-823 - Referendum.

§ 106-823. Referendum.
(a) The Council may conduct a referendum among horse owners upon the question of whether an assessment shall be levied consistent with this Article.
(b) The Council shall determine all of the following:
(1) The amount of the proposed assessment, not to exceed four dollars ($4.00) per ton of commercial horse 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 horse owners are eligible to vote in the referendum. The Council 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 Council. Notice of the referendum also shall be posted in every place the Council identifies as selling commercial horse feed. Any questions concerning eligibility to vote shall be resolved by the board of directors of the Council. (1998-154, s. 1; 2015-263, s. 1.)