Chapter 106

The Commissioner of Agriculture shall be elected at the general election for other State officers, shall be voted for on the same ballot with such officers, and his term of office shall be four years, and until his successor is elected and qualified. Any vacancy in the office of …

(a) In this Article, unless the context requires otherwise: (1) "Commissioner" means the Commissioner of Agriculture. (2) "Department" means the Department of Agriculture and Consumer Services. (b) The Department is hereby authorized to designate, upon request, forest trees of fo…

(a) The administration of the provisions of this Article shall be under the direction of the Commissioner. The Commissioner, or his authorized agent, upon receipt of a request from a forest landowner or operator for technical forestry assistance or service, may designate forest t…

(a) The Forestry Services and Advice Fund is established as a special fund within the Department of Agriculture and Consumer Services, North Carolina Forest Service. All moneys paid to the Commissioner for services rendered under the provisions of this Article shall be deposited …

The Board of Agriculture shall establish a schedule of fees for the preparation of forest management plans developed pursuant to this Chapter. The fees established by the Board shall not exceed the amount necessary to offset the costs of the Department of Agriculture and Consumer…

This Article shall be known as the "Forest Development Act." (1977, c. 562, s. 1; 2011-145, s. 13.25(gg).)

(a) The General Assembly finds that: (1) It is in the public interest of the State to encourage the development of the State's forest resources and the protection and improvement of the forest environment. (2) Unfavorable environmental impacts, particularly the rapid loss of fore…

As used in this Article: (1) "Approved forest management plan" means the forest management plan submitted by the eligible landowner and approved by the Commissioner. Such plan shall include forest management practices to insure both maximum forest productivity and environmental p…

(a) The Commissioner shall have the powers and duties to administer the provisions of this Article. (b) The Department shall serve as the disbursing agency for funds to be expended from and deposited to the credit of the Forest Development Fund. (c) Subject to the limitations set…

The Commissioner shall have authority to administer the cost sharing provisions of this Article, including but not limited to the following: (1) Prescribe the manner and requirements of making application for cost sharing funds. (2) Identify those approved forestry practices as d…

(a) In order to receive forest development cost-share payments, an eligible landowner shall enter into a written agreement with the Department describing the eligible land, setting forth the approved practices implemented for the area and covered by the approved forest management…

(a) An eligible landowner may receive forest development cost sharing payments for satisfactory completion of approved practices as determined by the Commissioner, except that the Commissioner shall approve no assistance in an amount exceeding the lesser of (i) a sum equal to six…

No governmental agency, federal, State or local, will be eligible for forest development payments under the provision of this Article. (1977, c. 562, s. 7; 2011-145, s. 13.25(gg).)

(a) The Forest Development Fund is created in the Department as a special fund. Revenue in the Fund does not revert at the end of a fiscal year, and interest and other investment income earned by the Fund accrues to it. The Fund is created to provide revenue to implement this Art…

This Article shall be known as the Primary Forest Product Assessment Act. (1977, c. 573, s. 1; 2011-145, s. 13.25(ii).)

(a) The purpose of this Article is to create an assessment on primary forest products processed from North Carolina timber to provide a source of funds to finance the forestry operations provided for in Article 83 of this Chapter. (b) All assessments levied under the provisions o…

The following words, terms and phrases hereinafter used for the purpose of this Article are defined as follows: (1) "Primary forest product" shall include those products of the tree after it is severed from the stump and cut to its first roundwood product for further conversion. …

(a) The General Assembly hereby levies an assessment on all primary forest products harvested from lands within the State of North Carolina. (b) This assessment shall be at the rates as established in G.S. 106-1030(b) and the proceeds of such assessment shall be deposited in the …

(a) The Secretary, Department of Revenue, shall: (1) Develop the necessary administrative procedures to collect the assessment; (2) Collect the assessment from the primary forest product processors; (3) Deposit funds collected from the assessment in the Forest Development Fund; (…

(a) The assessment rates shall be based on the following standards: (1) For primary forest products customarily measured in board feet, the "International 1/4 Inch Log Rule" or equivalent will be used; (2) For primary forest products customarily measured in cords, the standard co…

(a) The assessment shall be levied against the processor of the primary forest product. (b) The assessment shall be submitted on a quarterly basis of the State's fiscal year due and payable the last day of the month following the end of each quarter. (c) The assessment shall be r…

The Secretary of Revenue shall enforce collection of the primary forest product assessment in accordance with the remedies and procedures contained in Article 9 of Chapter 105 of the General Statutes. (1977, c. 573, s. 8; 2011-145, s. 13.25(ii).)

This Article shall be known as the "Agricultural Emergency Response Act." (2016-113, s. 2(a).)

The North Carolina Department of Agriculture and Consumer Services is authorized to aid and assist agricultural operations and landowners in the preparedness for, response to, and recovery from agricultural emergencies. This authorization is given separate and apart from the auth…

For purposes of this Article, the following definitions apply: (1) "Agricultural emergency" means an emergency, as defined in G.S. 166A-19.3, that results in exposure of or damage to pre- or post-harvest of plants, livestock, feed, water resources, or infrastructure which adverse…

When the Commissioner determines, in consultation with the Governor, that there is an imminent threat of an agricultural emergency or that an agricultural emergency exists within the State that threatens to cause damage to or has caused damage to agricultural lands, facilities, a…

All functions authorized by this Article and all other activities relating to agricultural emergencies are hereby declared to be governmental functions. Neither the State nor any political subdivision thereof, nor, except in cases of willful misconduct, gross negligence, or bad f…

Any person, firm, or corporation, together with any successors in interest, if any, owning or controlling real or personal property who, voluntarily or involuntarily, knowingly or unknowingly, with or without compensation, grants a license or privilege or otherwise permits or all…

In order to fully execute the authorities prescribed in this Article, the North Carolina Department of Agriculture may, at the discretion of the Commissioner, use any funds available to the Department which have been allocated by the General Assembly from the General Fund of the …

State and local governmental bodies and other organizations and personnel who carry out functions under the provisions of this Article shall do so in an equitable and impartial manner. Such State and local governmental bodies, organizations, and personnel shall not discriminate o…

This Article shall be known as the Supply Chain Emergency Act of 2023. (2023-137, s. 25.)

The following definitions apply in this Article: (1) Commissioner. - The Commissioner of Agriculture. (2) Department. - The Department of Agriculture and Consumer Services. (2023-137, s. 25.)

(a) Notwithstanding any other provision of law, when the Commissioner of Agriculture, in consultation with poultry processors and slaughter facilities, determines that there is an imminent threat to or a disruption of the agricultural supply chain or food supply chain with respec…

(a) Notwithstanding any other provision of law, when the Commissioner of Agriculture, in consultation with protein processors and slaughter facilities, determines that there is an imminent threat to or a disruption of the agricultural supply chain or food supply chain with respec…

This Article shall be known and may be cited as the "North Carolina Sweetpotato Act of 2020. (2020-18, s. 6.)

As used in this Article: (1) "Commissioner" means the Commissioner of the Department of Agriculture and Consumer Services. (2) "Department" means the Department of Agriculture and Consumer Services. (3) Repealed by Session Laws 2024-32, s. 2(b), effective July 3, 2024. (4) "Perso…

Only sweetpotatoes that are grown in the State of North Carolina may be identified, classified, packaged, labeled, or otherwise designated for sale inside or outside the State as North Carolina sweetpotatoes. (2020-18, s. 6.)

(a) The Commissioner of Agriculture may take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of North Carolina sweetpotatoes and products containing North Carolina sweetpot…

The most recent standards for grades adopted by the United States Department of Agriculture, Agricultural Marketing Service, United States Standards for Grades of Sweet Potatoes are adopted by reference and shall be the standards for grades in this State, except that the Commissi…

This Article shall be known and may be cited as the "Large Animal Healthcare Enhancement Act of 2023." (2023-134, s. 10.1(b).)

The following definitions apply in this Article: (1) Advisory Committee. - The Large Animal Healthcare Enhancement Advisory Committee, as established by G.S. 106-1078. (2) Authority. - The North Carolina Agricultural Finance Authority, as created by G.S. 122D-4. (3) Board. - The …

(a) Committee Established. - The Large Animal Healthcare Enhancement Advisory Committee is established within the North Carolina Agricultural Finance Authority and shall consist of membership as follows: (1) The Commissioner of Agriculture or an employee of the Department designa…

(a) Fund Created. - The Large Animal Healthcare Enhancement Fund is created as a special fund within the Department of Agriculture and Consumer Services. The Fund shall be administered by the Authority. The purpose of the fund is to make grants to encourage veterinary students to…

The salary of the Commissioner of Agriculture shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set by the General Assembly in the Current Operations Appropriations Act, longevity pay shall be paid on the same basis as is…

This Article may be cited as the North Carolina Food, Drug and Cosmetic Act. (1939, c. 320, s. 1.)

For the purpose of this Article: (1) The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purposes of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or…

The following acts and the causing thereof within the State of North Carolina are hereby prohibited: (1) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded. (2) The adulteration or misbranding …

In addition to the remedies hereinafter provided, the Commissioner of Agriculture is hereby authorized to apply to the superior court for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person …

(a) Any person, firm or corporation violating any provision of this Article, or any regulation of the Board adopted pursuant to this Article, shall be guilty of a Class 2 misdemeanor. In addition, if any person continues to violate or further violates any provision of this Articl…

(a) The Commissioner may assess a civil penalty of not more than two thousand dollars ($2,000) against any person who violates a provision of this Article or any rule adopted pursuant to this Article. In determining the amount of the penalty, the Commissioner shall consider the d…