reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-552 - Associations, activity, etc., deemed not in restraint of trade.

§ 106-552. Associations, activity, etc., deemed not in restraint of trade.
No association, meeting or activity undertaken in pursuance of the provisions of this Article and intended to benefit all of the producers, handlers and processors of a particular commodity shall be deemed or considered illegal or in restraint of trade. (1947, c. 1018, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-553 - Policy as to referenda, assessments, etc., for promoting use and sale of farm products.

§ 106-553. Policy as to referenda, assessments, etc., for promoting use and sale of farm products.
It is hereby further declared to be in the public interest and highly advantageous to the agricultural economy of the State that farmers, producers and growers commercially producing the commodities herein referred to shall be permitted by referendum to be held among the respective groups and subject to the provisions of this Article, to levy upon themselves an assessment on such respective commodities or upon the acreage used in the production of the same and provide for the collection of the same, for the purpose of financing or contributing towards the financing of a program of advertising and other methods designed to increase the consumption of and the domestic as well as foreign markets for such agricultural products. Such assessments may also be used for the purpose of financing or contributing toward the financing of a program of production, use and sale of any and all such agricultural commodities. (1947, c. 1018, s. 4; 1951, c. 1172, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-554 - Application to Board of Agriculture for authorization of referendum.

§ 106-554. Application to Board of Agriculture for authorization of referendum.
Any existing commission, council, board or other agency fairly representative of the growers and producers of any agricultural commodity herein referred to, and any such commission, council, board or other agency hereafter created for and fairly representative of the growers or producers of any such agricultural commodity herein referred to, may at any time after the passage and ratification of this Article make application to the Board of Agriculture of the State of North Carolina for certification and approval for the purpose of conducting a referendum among the growers or producers of such particular agricultural commodity, for commercial purposes, upon the question of levying an assessment under the provisions of this Article, collecting and utilizing the same for the purposes stated in such referendum. (1947, c. 1018, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-555 - Action by Board on application.

§ 106-555. Action by Board on application.
Upon the filing with the Board of Agriculture of such application on the part of any commission, council, board or other agency, the said Board of Agriculture shall within 30 days thereafter meet and consider such application; and if upon such consideration the said Board of Agriculture shall find that the commission, council, board or other agency making such application is fairly representative of and has been duly chosen and delegated as representative of the growers producing such commodity, and shall otherwise find and determine that such application is in conformity with the provisions of this Article and the purposes herein stated, then and in such an event it shall be the duty of the Board of Agriculture to certify such commission, council, board or other agency as the duly delegated and authorized group or agency representative of the commercial growers and producers of such agricultural commodity, and shall likewise certify that such agency is duly authorized to conduct among the growers and producers of such commodity a referendum for the purposes herein stated. (1947, c. 1018, s. 6.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-555.1 - Official State board for federal assessment programs; no subsequent referenda required.

§ 106-555.1. Official State board for federal assessment programs; no subsequent referenda required.
For the purpose of any federal commodity assessment program, the producers' agency certified by the Board of Agriculture pursuant to G.S. 106-555 shall be deemed to be the official State board for such commodity. No subsequent referenda shall be required under this Article in order for such producers' agency to maintain its status as the official State board for the purposes of such federal commodity assessment program. (1991, c. 99.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-556 - Conduct of referendum among growers and producers on question of assessments.

§ 106-556. Conduct of referendum among growers and producers on question of assessments.
Upon being so certified by the said Board of Agriculture in the manner hereinbefore set forth, such commission, council, board or other agency shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers and growers of such particular agricultural commodity a referendum on the question of whether or not such growers and producers shall levy upon themselves an assessment under and subject to and for the purposes stated in this Article. Such referendum may be conducted either on a statewide or area basis. (1947, c. 1018, s. 7.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-557 - Notice of referendum; statement of amount, basis and purpose of assessment; maximum assessment.

§ 106-557. Notice of referendum; statement of amount, basis and purpose of assessment; maximum assessment.
With respect to any referendum conducted under the provisions of this Article, the duly certified commission, council, board or other agency shall, before calling and announcing such referendum, fix, determine and publicly announce at least 30 days before the date determined upon for such referendum, the date, hours and polling places for voting in such referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected if authorized by the growers, and the general purposes to which said amount so collected shall be applied; no annual assessment levied under the provisions of this Article shall exceed one half of one percent (½ of 1%) of the value of the year's production of such agricultural commodity grown by any farmer, producer or grower included in the group to which such referendum is submitted. Provided, that the assessment for the research and promotion programs of the American Dairy Association of North Carolina may be fixed on the volume of milk sold not to exceed one percent (1%) of the statewide blend price paid to all North Carolina producers during the previous calendar year for three and one-half percent (3.5%) milk as computed by the United States Department of Agriculture. Provided further, that the assessment authorized by this Article and collected by the Commissioner of Agriculture to be paid to the North Carolina Yam Commission, Inc., or other duly certified agencies entitled thereto for research, marketing and promotional programs related to yams or sweet potatoes may be levied at a rate not to exceed two percent (2%) of the value of the year's production of that agricultural commodity grown by any farmer, producer or grower included in the group to which the referendum is submitted, and when authorized by two-thirds or more of the farmers, producers or growers in the area in which the referendum is conducted, the rate of the assessment may remain in effect for the length of time provided in the referendum. Provided further, that the assessment authorized by this Article on peanuts may not exceed two percent (2%) of the price paid to the producer. (1947, c. 1018, s. 8; 1967, c. 774, s. 1; c. 1268; 1981, c. 216, s. 1; 1983, c. 246, s. 1; 1997-371, s. 1; 2004-199, s. 27(e); 2006-264, s. 24.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-557.1 - Ballot by mail.

§ 106-557.1. Ballot by mail.
(a) As an alternative method of conducting a referendum under the provisions of this Article, the certified agency in its discretion may conduct the referendum by a mail ballot as herein provided. In the event that a certified agency determines in its discretion to conduct a mail ballot, public notice of said mail ballot shall be made at least 30 days before the date of said referendum. Said notice shall contain the same information required by G.S. 106-557, except that the notice will also state that the ballot is to be conducted by mail rather than at polling places. The notice shall also state that official ballots are being mailed on a date specified in the notice to all persons known by the certified agency to be eligible to vote and that any person not receiving by mail an official ballot by a date specified in the notice will have 10 days thereafter to apply for an official ballot at the office of the certified agency. The notice shall state the deadline for the receipt of all ballots and the address of the certified agency.
Official ballots shall be prepared by the certified agency and mailed by first-class mail to the last known address of all persons known by the certified agency to be eligible to vote. As announced in the public notice, said ballots shall be made available for a period of not less than 10 days, to those who are eligible to vote in said referendum and did not receive a ballot by mail.
Before any person shall receive an official ballot, he shall furnish such proof as the certified agency may require of his eligibility to vote in said referendum. The certified agency shall keep a list of those persons who receive official ballots. No person may receive more than one official ballot unless he satisfies the certified agency that his ballot has been lost or destroyed.
No votes shall be counted which are not on official ballots. To be eligible to be counted, ballots must be received by the certified agency at the place and by the deadline previously announced in the public notice of said referendum.
(b) The provisions of this section shall not apply to the North Carolina Potato Association and the North Carolina Soybean Association. (1969, c. 111.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-558 - Management of referendum; expenses.

§ 106-558. Management of referendum; expenses.
The arrangements for and management of any referendum conducted under the provisions of this Article shall be under the direction of the commission, council, board or other agency duly certified and authorized to conduct the same, and any and all expenses in connection therewith shall be borne by such commission, council, board or agency. (1947, c. 1018, s. 9.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-559 - Basis of referendum; eligibility for participation; question submitted; special provisions for North Carolina Cotton Promotion Association.

§ 106-559. Basis of referendum; eligibility for participation; question submitted; special provisions for North Carolina Cotton Promotion Association.
Any referendum conducted under the provisions of this Article may be held either on an area or statewide basis, as may be determined by the certified agency before such referendum is called; and such referendum, either on an area or statewide basis, may be participated in by all farmers engaged in the production of such agricultural commodity on a commercial basis, including owners of farms on which such commodity is produced, tenants and sharecroppers. In such referendum, such individuals so eligible for participation shall vote upon the question of whether or not there shall be levied an annual assessment for a period of three years in the amount set forth in the call for such referendum on the agricultural product covered by such referendum. Provided, that notwithstanding any other provision of this Chapter, the North Carolina Cotton Promotion Association, Inc., in 1967 shall hold a referendum, pursuant to law, for the years 1969 and 1970, or for the years 1969 through 1973, in its discretion. Thereafter, the North Carolina Cotton Promotion Association, Inc. shall conduct either triennial or sexennial referendums as provided by law. (1947, c. 1018, s. 10; 1967, cc. 213, 561.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-559.1 - Basis of vote on milk product assessment.

§ 106-559.1. Basis of vote on milk product assessment.
Notwithstanding any other provision of this Article, any milk product assessment referendum conducted pursuant to this Article shall be conducted on the basis of one vote per base holder. (1981, c. 216, s. 2; 2023-63, s. 5.4(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-560 - Effect of more than one-third vote against assessment.

§ 106-560. Effect of more than one-third vote against assessment.
If in such referendum with respect to any agricultural commodity herein referred to more than one third of the farmers and producers in the area in which such referendum is conducted, eligible to participate and voting therein shall vote in the negative and against the levying or collection of such assessment, then in such an event no assessment shall be levied or collected. (1947, c. 1018, s. 11.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-561 - Effect of two-thirds vote for assessment.

§ 106-561. Effect of two-thirds vote for assessment.
If in such referendum called under the provisions of this Article two thirds or more of the farmers or producers in the area in which such referendum is conducted, eligible to participate and voting therein shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such referendum on the agricultural commodity covered thereby, then such assessment shall be collected in the manner determined and announced by the agency conducting such referendum. (1947, c. 1018, s. 12.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-562 - Regulations as to referendum; notice to farm organizations and county agents.

§ 106-562. Regulations as to referendum; notice to farm organizations and county agents.
The hours, voting places, rules and regulations and the area within which such referendum herein authorized with respect to any of the agricultural commodities herein referred to shall be established and determined by the agency of the commercial growers and producers of such agricultural commodity duly certified by the Board of Agriculture as hereinbefore provided; the said referendum date, area, hours, voting places, rules and regulations with respect to the holding of such referendum shall be published by such agency conducting the same through the medium of the public press in the State of North Carolina at least 30 days before the holding of such referendum, and direct written notice thereof shall likewise be given to all farm organizations within the State of North Carolina and to each county agent in any county in which such agricultural product is grown. Such notice shall likewise contain a statement of the amount of annual assessment proposed to be levied – which assessment in any event shall not exceed one half of one percent (1/2 of 1%) of the value of the year's production of such agricultural commodity or such other assessment as shall be authorized by law, grown by any farmer, producer or grower included in the group to which such referendum is submitted – and shall likewise state the method by which such assessment shall be collected and how the proceeds thereof shall be administered and the purposes to which the same shall be applied, which purposes shall be in keeping with the provisions of this Article. (1947, c. 1018, s. 13; 1967, c. 774, s. 2; 1983, c. 246, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-563 - Distribution of ballots; arrangements for holding referendum; declaration of results.

§ 106-563. Distribution of ballots; arrangements for holding referendum; declaration of results.
The duly certified agency of the producers of any agricultural product among whom a referendum shall be conducted under the provisions of this Article shall likewise prepare and distribute in advance of such referendum all necessary ballots for the purposes thereof, and shall, under rules and regulations promulgated by said agency, arrange for the necessary poll holders for conducting the said referendum; and following such referendum and within 10 days thereafter the said agency shall canvass and publicly declare the result of such referendum. (1947, c. 1018, s. 14.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-563.1 - Supervision of referendum on milk product assessment.

§ 106-563.1. Supervision of referendum on milk product assessment.
Notwithstanding any other provision of this Article, any milk product assessment referendum conducted pursuant to this Article shall be conducted under the supervision of the County Extension Chairman in each county in which the referendum is held. (1981, c. 216, s. 3; 2023-63, s. 5.4(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-564 - Collection of assessments; custody and use of funds.

§ 106-564. Collection of assessments; custody and use of funds.
In the event two thirds or more of the farmers eligible for participation in such referendum and voting therein shall vote in favor of such assessment, then the said assessment shall be collected annually or at regular intervals during the year established by the rules and regulations of the duly certified commission, council, board or other agency for the number of years set forth in the call for such referendum, and the collection of such assessment shall be under such method, rules and regulations as may be determined by the agency conducting the same; and the said assessment so collected shall be paid into the treasury of the agency conducting such referendum, to be used together with other funds from other sources, including donations from individuals, concerns or corporations, and grants from State or governmental agencies, for the purpose of promoting and stimulating, by advertising and other methods, the increased use and sale, domestic and foreign, of the agricultural commodity covered by such referendum. Such assessments may also be used for the purpose of financing or contributing toward the financing of a program of production, use and sale of any and all such agricultural commodities. (1947, c. 1018, s. 15; 1951, c. 1172, s. 3; 1965, c. 1046, s. 1; 1975, c. 708, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-564.2 - Further alternative method for collection of assessments.

§ 106-564.2. Further alternative method for collection of assessments.
As an alternate method for the collection of assessments provided for in G.S. 106-564, the duly certified agency representing the producers of peaches, apples or other tree fruits, is hereby authorized to establish the names, addresses and number of trees or acres of trees and certify same to the Commissioner of Agriculture. The Commissioner of Agriculture shall then notify by registered letter such certified producers that on or before the date specified by the duly certified agency, the assessments shall be paid to the Commissioner of Agriculture by the producers. The date of collections of such assessments may be established by the duly certified agency representing the producers of any agricultural product referred to in G.S. 106-550. (1955, c. 374.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-564.3 - Alternative method for collection of assessments relating to cattle.

§ 106-564.3. Alternative method for collection of assessments relating to cattle.
As an alternative method for the collection of assessments provided for in Article 50 of Chapter 106 of the General Statutes, as amended, and as the same relates to all cattle, including those cattle sold for slaughter, upon the request of the duly certified agency of the producers of all cattle, including those which are to be sold for slaughter, the Commissioner of Agriculture shall notify, by registered letter, all livestock auction markets, slaughterhouses, abattoirs, packinghouses, and any and all persons, firms and corporations, engaged in the buying, selling or handling of cattle in this State, and on and after the date specified in the letter, the assessments approved and in force under said referendum shall be deducted by the purchaser, or his agent or representative, from the purchase price of all cattle bought, acquired or sold. It shall be unlawful for any livestock auction market, slaughterhouse, abattoir, packinghouse or the administrators or managers or agents of same or for any person, firm or corporation to acquire, buy or sell any cattle, including cattle for slaughter, without deducting the assessments previously authorized by said referendum. The assessment or assessments for any month so deducted, shall, on or before the twentieth day of the following month, be remitted by such purchaser as above described, to the Commissioner of Agriculture of North Carolina, who shall thereupon pay the amount of the assessments to the duly certified agency of the producers of all such cattle entitled thereto. The books and records of all such livestock auction markets, slaughterhouses, abattoirs, packinghouses, or persons, firms or corporations engaged in buying, acquiring or selling all cattle shall at all times during regular business hours be open for inspection by the Commissioner of Agriculture or his duly authorized agents. Provided, however, that if any livestock auction market, slaughterhouse, abattoir, packinghouse, or any person, firm or corporation engaged in buying, selling or handling cattle in this State shall fail to collect or pay such assessments so deducted to the Commissioner of Agriculture of North Carolina, as herein provided, then and in such event suit may be brought by the duly certified agency concerned in a court of competent jurisdiction to enforce the collection of such assessments. (1959, c. 1176; 1969, c. 184.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-564.4 - Alternative method for collection of assessments relating to sweet potatoes.

§ 106-564.4. Alternative method for collection of assessments relating to sweet potatoes.
(a) In the event the producers of sweet potatoes approve an assessment pursuant to G.S. 106-564, which assessment shall be paid by the producer based on the number of acres produced, the producer shall report the number of acres planted and shall remit the assessment due to the Commissioner of Agriculture. Sweet potato producers shall report acreage planted at a time and place determined by the duly certified agency representing the producers of sweet potatoes.
(b) Assessments shall be due on September 1 of each year. Any producer who fails to pay assessments by September 30 of each year shall also pay a penalty of ten percent (10%) of the unpaid assessment, plus a penalty of one percent (1%) of the unpaid assessment for each month the assessment remains unpaid. The Commissioner of Agriculture shall remit all assessments received to the duly certified agency representing the producers of sweet potatoes. The duly certified agency representing the producers of sweet potatoes may conduct inspections and audits of sweet potato producers in order to verify the number of acres of sweet potatoes planted and may bring an action to recover unpaid assessments and penalties and the reasonable costs of such action, including attorneys' fees.
(c) There shall be no refund of assessments collected pursuant to this section.
(d) For the purposes of this section, "producer" shall be defined as a grower of one acre or more of sweet potatoes. (1995, c. 521, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-565 - Subsequent referendum.

§ 106-565. Subsequent referendum.
In the event such referendum so to be conducted as herein provided shall not be supported by two thirds or more of those eligible for participation therein and voting therein, then the duly certified agency conducting the said referendum shall have full power and authority to call another referendum for the purposes herein set forth in the next succeeding year, on the question of an annual assessment for three years. (1947, c. 1018, s. 16.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-566 - Referendum as to continuance of assessments approved at prior referendum.

§ 106-566. Referendum as to continuance of assessments approved at prior referendum.
In the event the first such referendum or any subsequent referendum is carried by the votes of two thirds or more of the eligible farmers participating therein and assessments in pursuance thereof are levied annually for the period set forth in the call for such referendum, then the agency conducting such referendum shall in its discretion have full power and authority to call and conduct during the third year of such first period or the last year of any subsequent period another referendum in which the farmers and producers of such agricultural commodity shall vote upon the question of whether or not such assessments shall be continued for the next ensuing three years or continued for the next ensuing six years. (1947, c. 1018, s. 17; 1965, c. 1046, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-567 - Rights of farmers dissatisfied with assessments; time for demanding refund.

§ 106-567. Rights of farmers dissatisfied with assessments; time for demanding refund.
In the event such referendum is carried in the affirmative and the assessment is levied and collected as provided herein and under the regulations to be promulgated by the duly certified agency conducting the same, any farmer or producer upon and against whom such assessments shall have been levied and collected under the provisions of this Article, if dissatisfied with said assessment and the result thereof, shall have the right to demand of and receive from the treasurer of said agency a refund of such assessment so collected from such farmer or producer, provided such demand for refund is made in writing within 30 days from the date on which said assessment is collected or due to be collected, whichever is earlier from such farmer or producer under the rules and regulations of the duly certified commission, council, board or other agency. Provided, however, that as to growers or producers of potatoes, apples or peaches the right of refund of assessments as provided herein shall be contingent upon such growers or producers having paid said assessment on or before the end of the assessment year in which the assessment was levied. The assessment year shall be determined by the duly certified commission, council, board or agency representing the respective commodity: Provided further, that any farmer or producer of potatoes, apples or peaches who fails to make any protest against the assessment and levy in writing, addressed to the duly certified commission, council, board or agency representing the commodity concerned, within 30 days from the date such assessment shall become due and payable, then, and in such event, suit may be brought by the duly certified commission, council, board or agency concerned in a court of competent jurisdiction to enforce the collection of the assessment. Provided further that on and after July 1, 1972, as to growers or producers of apples there shall be no right of refund of assessments levied pursuant to the referendum provided for by Article 50, Chapter 106 of the General Statutes of North Carolina. (1947, c. 1018, s. 18; 1959, c. 311; 1969, c. 605, ss. 1, 2; 1975, c. 708, ss. 3, 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-567.1 - Refund of milk product assessments.

§ 106-567.1. Refund of milk product assessments.
Notwithstanding any other provision of this Article, on and after January 1, 1982, a milk producer shall be entitled to receive a monthly refund of assessments paid by the milk producer pursuant to this Article by making written demand in the first month of each calendar quarter upon the association receiving such assessment. (1981, c. 216, s. 4; 2023-63, s. 5.4(d).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50 - Promotion of Use and Sale of Agricultural Products. › § 106-568 - Publication of financial statement by treasurer of agency; bond required.

§ 106-568. Publication of financial statement by treasurer of agency; bond required.
In the event of the levying and collection of assessments as herein provided, the treasurer of the agency conducting same shall within 30 days after the end of any calendar year in which such assessments are collected, publish through the medium of the press of the State a statement of the amount or amounts so received and collected by him under the provisions of this Article. Before collecting and receiving such assessments, such treasurer shall give a bond in the amount of at least the estimated total of such assessments as will be collected, such bond to have as surety thereon a surety company licensed to do business in the State of North Carolina, and to be in the form and amount approved by the agency conducting such referendum and to be filed with the chairman or executive head of such agency. (1947, c. 1018, s. 19.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.1 - Policy as to joint action of farmers.

§ 106-568.1. Policy as to joint action of farmers.
It is declared to be in the public interest that North Carolina farmers producing agricultural products of all kinds, including cotton, tobacco, peanuts, soybeans, potatoes, vegetables, berries, fruits, livestock, livestock products, poultry and turkeys, and any other agricultural products having domestic and/or foreign markets, be permitted to act jointly in cooperation with each other in encouraging an expanding program of agricultural research and the dissemination of agricultural research findings. (1951, c. 827, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.2 - Policy as to referendum and assessment.

§ 106-568.2. Policy as to referendum and assessment.
It is declared to be in the public interest and highly advantageous to the economic development of the State that farmers, producers, and growers of agricultural commodities using commercial feed and/or fertilizers or their ingredients be permitted by referendum held among themselves to levy upon themselves an assessment of fifteen cents (15¢) per ton on mixed fertilizers, commercial feed, and their ingredients (except lime and land plaster) to provide funds through the Agricultural Foundation to supplement the established program of agricultural research and dissemination of research facts.
It is further declared to be in the public interest and highly advantageous to the economic development of the State that tobacco producers be permitted by referendum to levy upon themselves an assessment not to exceed ten cents (10¢) per hundred pounds of tobacco marketed to provide funds through the North Carolina Tobacco Research Commission for research and dissemination of research facts concerning tobacco. (1951, c. 827, s. 2; 1981, c. 181, s. 1; 1991, c. 102, s. 1; 1999-172, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.3 - Action of Board of Agriculture on petition for referendum; creation of the Tobacco Research Commission.

§ 106-568.3. Action of Board of Agriculture on petition for referendum; creation of the Tobacco Research Commission.
(a) The State Board of Agriculture, upon a petition being filed with it so requesting and signed by the governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the North Carolina Agricultural Foundation, Inc., shall examine such petition and upon finding that it complies with the provisions of this Article shall authorize the holding of a referendum as hereinafter set out and the governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the North Carolina Agricultural Foundation, Inc., shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers and growers of the commodities herein mentioned a referendum on the question of whether or not such growers and producers shall levy upon themselves an assessment under and subject to and for the purposes stated in this Article. Provided, that the petition for a tobacco referendum shall be signed by and, once approved, shall authorize the holding of a referendum by the governing boards of the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agricultural Foundation, Inc., and the Tobacco Growers Association of North Carolina, Incorporated.
(b) There is hereby created a North Carolina Tobacco Research Commission within the Department of Agriculture and Consumer Services. The Commission shall consist of the Commissioner of Agriculture, or the Commissioner's designee; the President of the North Carolina Farm Bureau Federation, Inc., or the President's designee; the President of the Tobacco Growers Association of North Carolina, Incorporated, or the President's designee; the President of the North Carolina State Grange, or the President's designee; and, the President of the North Carolina Agricultural Foundation, Inc., or his designee. (1951, c. 827, s. 3; 1991, c. 102, s. 2; 1997-261, s. 109; 2023-63, s. 1.2(a).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.4 - By whom referendum to be managed; announcement.

§ 106-568.4. By whom referendum to be managed; announcement.
The governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the North Carolina Agricultural Foundation, Inc., shall arrange for and manage any referendum conducted under the provisions of this Article but shall, 60 days before the date upon which it is to be held, fix, determine, and publicly announce in each county the date, hours, and polling places in that county for voting in such referendum, the amount and basis proposed to be collected, the means by which such assessment shall be collected as authorized by the growers and producers, and the general purposes for which said funds so collected shall be applied. Provided, that the governing boards of the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agricultural Foundation, Inc., and the Tobacco Growers Association of North Carolina, Incorporated, shall arrange for and manage any referendum for tobacco poundage assessments under the provisions of this Article. (1951, c. 827, s. 4; 1991, c. 102, s. 3; 2023-63, s. 1.2(b).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.5 - When assessment shall and shall not be levied.

§ 106-568.5. When assessment shall and shall not be levied.
If in such referendum more than one third of the farmers and producers eligible to participate therein and voting therein shall vote in the negative and against the levying or collection of such assessment, then in such event no assessment shall be levied or collected, but if two thirds or more of such farmers and producers voting therein shall vote in the affirmative and in favor of the levying or collection of such assessment, then such assessment shall be collected in the manner hereinafter provided. (1951, c. 827, s. 5.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.6 - Determination and notice of date, area, hours, voting places, etc.

§ 106-568.6. Determination and notice of date, area, hours, voting places, etc.
The three organizations herein designated to hold such referendum shall fix the date, area, hours, voting places, rules and regulations with respect to the holding of such referendum and cause the same to be published in the press of the State at least 60 days before holding such referendum and shall certify such information to the State Commissioner of Agriculture and to each of the farm organizations of the State. Such notice, so published and furnished to the several agencies, shall contain, in addition to the other information herein required, a statement of the amount of annual assessment proposed to be levied, and the purposes for which such assessment shall be applied. Provided, that the four organizations designated to hold the referendum for tobacco poundage assessments shall perform the functions set forth in this section. (1951, c. 827, s. 6; 1991, c. 102, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.7 - Preparation and distribution of ballots; poll holders; canvass and announcement of results.

§ 106-568.7. Preparation and distribution of ballots; poll holders; canvass and announcement of results.
The governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the North Carolina Agricultural Foundation, Inc., shall prepare and distribute in advance of such referendum all necessary ballots and shall under rules and regulations, adopted and promulgated by the organizations holding such referendum, arrange for the necessary poll holders and shall, within 10 days after the date of such referendum, canvass and publicly declare the results thereof. Provided, that for the tobacco poundage assessment referendum, the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agricultural Foundation, Inc., and the Tobacco Growers Association of North Carolina, Incorporated, shall perform the functions set forth in this section. (1951, c. 827, s. 7; 1991, c. 102, s. 5; 2023-63, s. 1.2(c).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.9 - Refunds to farmers.

§ 106-568.9. Refunds to farmers.
In the event such a referendum is carried in the affirmative and the assessment is levied and collected as herein provided and under the regulations to be promulgated by the duly certified agencies conducting the same, any farmer upon whom and against whom any such assessment shall have been added and collected under the provisions of this Article, if dissatisfied with the said assessment, shall have the right to demand of and receive from the treasurer of said North Carolina Agricultural Foundation, Inc., a refund of such amount so collected from such farmer or producer provided such demand for refund is made in writing within 30 days from the date of which said assessment is collected from such farmer or producer. Provided, that the Department of Agriculture and Consumer Services shall make tobacco poundage assessment refunds to tobacco farmers when such demand for refund is made in writing by the tobacco farmer within 30 days of the close of the marketing season. (1951, c. 827, s. 9; 1991, c. 102, s. 7; 1997-261, s. 109.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.10 - Subsequent referenda; continuation of assessment.

§ 106-568.10. Subsequent referenda; continuation of assessment.
If the assessment is defeated in the referendum, the governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, and the North Carolina Agricultural Foundation, Inc., shall have full power and authority to call another referendum for the purposes herein set out in the next succeeding year on the question of the annual assessment for six years. In the event the assessment carried in a referendum by two-thirds or more of the eligible farmers participating therein, such assessment shall be levied annually for the six years set forth in the call for such referendum and a new referendum may be called and conducted during the sixth year of such period on the question of whether or not such assessment shall be continued for the next ensuing six years. Provided, that if the tobacco poundage assessment is defeated in the referendum, the governing boards of the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agricultural Foundation, Inc., and Tobacco Growers Association of North Carolina, Incorporated, may call another referendum in the next succeeding year on the question of the annual assessment for six years. If the tobacco assessment carried in a referendum by two-thirds or more of the eligible farmers participating therein, the assessment shall be levied annually for the six years set forth in the call for the referendum and a new referendum may be called and conducted during the sixth year of the period on the question of whether or not the assessment shall be continued for the next ensuing six years. (1951, c. 827, s. 10; 1967, c. 631, s. 2; 1991, c. 102, s. 8; 2023-63, s. 1.2(e).)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.11 - Effect of more than one-third vote against assessment.

§ 106-568.11. Effect of more than one-third vote against assessment.
If in such referendum called under the provisions of this Article more than one third of the farmers and producers in the State of North Carolina, eligible to participate and voting therein, shall vote in the negative and against the levying or collection of such assessment, then in such an event no assessment shall be levied or collected. (1951, c. 827, s. 11.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50A - Promotion of Agricultural Research and Dissemination of Findings. › § 106-568.12 - Effect of two-thirds vote in favor of assessment.

§ 106-568.12. Effect of two-thirds vote in favor of assessment.
If in such referendum called under the provisions of this Article two thirds or more of the farmers or producers in the State of North Carolina, eligible to participate and voting therein, shall vote in the affirmative and in favor of the levying and collection of such assessment proposed in such referendum on the commodities covered thereby, then such assessment shall be collected in the manner prescribed herein (determined and announced by the agencies conducting such referendum). (1951, c. 827, s. 12.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50B - North Carolina Agricultural Hall of Fame. › § 106-568.13 - North Carolina Agricultural Hall of Fame created.

§ 106-568.13. North Carolina Agricultural Hall of Fame created.
There is hereby created and established as an agency of the State of North Carolina the North Carolina Agricultural Hall of Fame. (1953, c. 1129, s. 1.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50B - North Carolina Agricultural Hall of Fame. › § 106-568.14 - Board of directors; membership; compensation.

§ 106-568.14. Board of directors; membership; compensation.
The North Carolina Agricultural Hall of Fame shall be under the general supervision and control of a board of directors consisting of the following: the Commissioner of Agriculture of the State of North Carolina, who shall act as chairman; the Director of the North Carolina Agricultural Extension Service; the State Supervisor of Vocational Agriculture; the President of the North Carolina Farm Bureau Federation; the Master of the State Grange, the foregoing being ex officio members; and three members who shall be appointed by the Governor of North Carolina. All of said members shall serve without compensation. (1953, c. 1129, s. 2.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50B - North Carolina Agricultural Hall of Fame. › § 106-568.15 - Terms of directors.

§ 106-568.15. Terms of directors.
One of the appointive members shall be appointed for a term of two years, one for a term of four years and one for a term of six years. The successor to each of the appointive members shall be appointed for a term of six years, and in case of a vacancy, the Governor is authorized to appoint a successor for the remainder of the unexpired term. The ex officio members shall serve so long as they hold their respective offices or positions which entitle them to ex officio membership on said board of directors. (1953, c. 1129, s. 3.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50B - North Carolina Agricultural Hall of Fame. › § 106-568.16 - Admission of candidates to Hall of Fame.

§ 106-568.16. Admission of candidates to Hall of Fame.
The said board is hereby empowered to formulate rules and regulations governing acceptance and admission of candidates to said North Carolina Agricultural Hall of Fame, provided that no name shall be accepted until an authentic and written record of achievements of said person in agricultural activities shall have been presented to and accepted by a majority vote of said board created by this Article, and provided that both men and women are eligible for recognition. (1953, c. 1129, s. 4.)
2023 North Carolina General Statutes › Chapter 106 - Agriculture › Article 50B - North Carolina Agricultural Hall of Fame. › § 106-568.17 - Acceptance of gifts, devises, and awards; display thereof.

§ 106-568.17. Acceptance of gifts, devises, and awards; display thereof.
The said board is hereby empowered to accept and receive gifts, devises, and awards which are to become the sole property of said North Carolina Agricultural Hall of Fame and are to be kept in a proper manner in a suitable room or hall in some state-owned building in Raleigh, provided that duplicates of such gifts, devises, and awards may be displayed in a suitable room or hall in the School of Agriculture of the North Carolina State College of Agriculture and Engineering at Raleigh, North Carolina. (1953, c. 1129, s. 5; 2011-284, s. 73.)