46 | | - | suggests, or describes a meat product, regardless of whether the word or 32 General Assembly Of North Carolina Session 2025 |
---|
47 | | - | Page 2 House Bill 135-First Edition |
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48 | | - | phrase is used individually, as a portmanteau, or as a compound word. This 1 |
---|
49 | | - | term includes all of the following: 2 |
---|
50 | | - | a. A common name for the species of the agricultural food animal subject 3 |
---|
51 | | - | to slaughter and processing, including a calf or cow, goat or kid, hog 4 |
---|
52 | | - | or pig, or lamb or sheep. 5 |
---|
53 | | - | b. A common name for a characteristic of a species of the agricultural 6 |
---|
54 | | - | food animal subject to slaughter and processing based on age, breed, 7 |
---|
55 | | - | or sex. 8 |
---|
56 | | - | c. Meat, beef or veal, cabrito or chevon, lamb or mutton, or pork. 9 |
---|
57 | | - | d. A common name used to describe a major cut of a meat of an 10 |
---|
58 | | - | agricultural food animal slaughtered and processed, including a major 11 |
---|
59 | | - | meat cut specified in 9 C.F.R. § 317.344, or the common name of an 12 |
---|
60 | | - | organ or offal, including heart, liver, kidney, or tongue. 13 |
---|
61 | | - | e. Any other common name that a reasonable purchaser would 14 |
---|
62 | | - | immediately and exclusively associate with a meat product prepared 15 |
---|
63 | | - | for sale in normal commercial channels such as bacon, baloney, 16 |
---|
64 | | - | bologna, bone, brat or bratwurst, brisket, burger or hamburger, butt, 17 |
---|
65 | | - | chop, chuck, cold cut, cutlet, filet, flat iron, frank or frankfurter, ham, 18 |
---|
66 | | - | hock, hot dog, jerky, liverwurst, loin, London broil, lunch meat, New 19 |
---|
67 | | - | York strip, pepperoni, porterhouse, ribeye, roast, rib or sparerib, 20 |
---|
68 | | - | salami, sausage, shank, sirloin, tenderloin, or a comparable word or 21 |
---|
69 | | - | phrase. 22 |
---|
70 | | - | (9b) "Insect-protein food product" means a food product having one or more 23 |
---|
71 | | - | sensory attributes that resemble a type of tissue originating from an 24 |
---|
72 | | - | agricultural food animal but that, in lieu of being derived from meat 25 |
---|
73 | | - | processing, is derived from manufacturing insect parts. 26 |
---|
74 | | - | … 27 |
---|
75 | | - | (12a) "Manufactured-protein food product" means a cell-cultured food product, 28 |
---|
76 | | - | insect-protein food product, or plant-protein food product. 29 |
---|
77 | | - | … 30 |
---|
78 | | - | (14) "Meat food product" means any product capable of use as human food that is 31 |
---|
79 | | - | made wholly or in part from any meat or other portion of the carcass of any 32 |
---|
80 | | - | cattle, sheep, swine, goats, bison, fallow deer, or red deer, or any cell-cultured 33 |
---|
81 | | - | product made from cells of those animals, excepting products that contain 34 |
---|
82 | | - | meat or other portions of such carcasses only in a relatively small proportion 35 |
---|
83 | | - | or historically have not been considered by consumers as products of the meat 36 |
---|
84 | | - | food industry, and that are exempted from definition as a meat food product 37 |
---|
85 | | - | by the Board under such conditions as it may prescribe to assure that the meat 38 |
---|
86 | | - | or other portions of such carcasses contained in such product are not 39 |
---|
87 | | - | adulterated and that such products are not represented as meat food products. 40 |
---|
88 | | - | This term as applied to food products of equines shall have a meaning 41 |
---|
89 | | - | comparable to that provided in this subdivision with respect to cattle, sheep, 42 |
---|
90 | | - | swine, goats, and bison. 43 |
---|
91 | | - | (15) "Misbranded" shall apply to any carcass, part thereof, meat or meat food 44 |
---|
92 | | - | product under one or more of the following circumstances: 45 |
---|
93 | | - | a. If its labeling is false or misleading in any particular; 46 |
---|
94 | | - | b. If it is offered for sale under the name of another food; 47 |
---|
95 | | - | c. If it is imitation of another food, unless its label bears, in type of 48 |
---|
96 | | - | uniform size and prominence, the word "imitation" and immediately 49 |
---|
97 | | - | thereafter, the name of the food imitated; 50 |
---|
98 | | - | … 51 General Assembly Of North Carolina Session 2025 |
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99 | | - | House Bill 135-First Edition Page 3 |
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100 | | - | m. The product is a cell-cultured product, and it is not labeled in 1 |
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101 | | - | accordance with G.S. 106-549.28A. 2 |
---|
102 | | - | … 3 |
---|
103 | | - | (20a) "Plant-protein food product" means a food product having one or more 4 |
---|
104 | | - | sensory attributes that resemble a type of tissue originating from an 5 |
---|
105 | | - | agricultural food animal but that, in lieu of being derived from meat 6 |
---|
106 | | - | processing, is derived from manufacturing plant or fungus parts. 7 |
---|
107 | | - | … 8 |
---|
108 | | - | (21a) "Qualifying term" means a word, compound word, or phrase that would 9 |
---|
109 | | - | clearly disclose to a reasonable purchaser of meat products that a food product 10 |
---|
110 | | - | is not a meat product. This includes the following terms: "cell-cultured," 11 |
---|
111 | | - | "fake," "grown in a lab," "insect," "insect-based," "insect-protein," 12 |
---|
112 | | - | "lab-created," "lab-grown," "meat free," "meatless," "plant," "plant-based," 13 |
---|
113 | | - | "vegan," "vegetable," "vegetarian," or "veggie." 14 |
---|
114 | | - | (21b) "Ratite" means a bird whose breastbone is smooth so that flight muscles 15 |
---|
115 | | - | cannot attach, such as an ostrich, an emu, and a rhea. These birds are subject 16 |
---|
116 | | - | to the provisions of this Article and Article 49C to the same extent as any other 17 |
---|
117 | | - | meat food product. 18 |
---|
118 | | - | …." 19 |
---|
119 | | - | SECTION 1.(b) Article 49B of Chapter 106 of the General Statutes is amended by 20 |
---|
120 | | - | adding a new section to read: 21 |
---|
121 | | - | "§ 106-549.28A. Labeling of manufactured-protein food products. 22 |
---|
122 | | - | (a) The label of any manufactured-protein food product that contains an identifying meat 23 |
---|
123 | | - | term shall also contain in at least 20-point font or the size of the surrounding type, whichever is 24 |
---|
124 | | - | greater, and in close proximity to the name of the product, an appropriate qualifying term. 25 |
---|
125 | | - | (b) A manufactured-protein food product that does not meet the requirements of this 26 |
---|
126 | | - | section shall be deemed misbranded for purposes of this Article." 27 |
---|
127 | | - | SECTION 1.(c) G.S. 106-549.51 reads as rewritten: 28 |
---|
128 | | - | "§ 106-549.51. Definitions. 29 |
---|
129 | | - | For purposes of this Article, the following terms shall have the meanings stated below: 30 |
---|
130 | | - | … 31 |
---|
131 | | - | (4a) "Cell-cultured food product" means a food product having one or more 32 |
---|
132 | | - | sensory attributes that resemble a type of tissue originating from poultry but 33 |
---|
133 | | - | that, in lieu of being derived from meat processing, is derived from 34 |
---|
134 | | - | manufacturing cells, in which one or more stem cells are initially isolated from 35 |
---|
135 | | - | poultry, are grown in vitro, and may be manipulated, as part of a 36 |
---|
136 | | - | manufacturing operation. 37 |
---|
137 | | - | (4b) "Close proximity" means any of the following: 38 |
---|
138 | | - | a. Immediately before or after the name of the product. 39 |
---|
139 | | - | b. In the line of the label immediately before or after the line containing 40 |
---|
140 | | - | the name of the product. 41 |
---|
141 | | - | c. Within the same phrase or sentence containing the name of the 42 |
---|
142 | | - | product. 43 |
---|
143 | | - | … 44 |
---|
144 | | - | (10a) "Identifying poultry term" means any word or phrase that states, indicates, 45 |
---|
145 | | - | suggests, or describes a poultry product, regardless of whether the word or 46 |
---|
146 | | - | phrase is used individually, as a portmanteau, or as a compound word. This 47 |
---|
147 | | - | term includes all of the following: 48 |
---|
148 | | - | a. A common name for the species of the poultry subject to slaughter and 49 |
---|
149 | | - | processing, including chicken, poultry, or turkey. 50 General Assembly Of North Carolina Session 2025 |
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150 | | - | Page 4 House Bill 135-First Edition |
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151 | | - | b. A common name for a characteristic of a species of the poultry subject 1 |
---|
152 | | - | to slaughter and processing based on age, breed, or sex. 2 |
---|
153 | | - | c. Meat, broiler, fryer, poulet, or yearling. 3 |
---|
154 | | - | d. A common name used to describe a major cut of poultry slaughtered 4 |
---|
155 | | - | and processed, including a poultry product such as breast, drumstick, 5 |
---|
156 | | - | giblet, thigh, or wing; or the common name of an organ or offal, 6 |
---|
157 | | - | including gizzard, heart, liver, kidney, or tongue. 7 |
---|
158 | | - | e. Any other common name that a reasonable purchaser would 8 |
---|
159 | | - | immediately and exclusively associate with a poultry product prepared 9 |
---|
160 | | - | for sale in normal commercial channels. 10 |
---|
161 | | - | … 11 |
---|
162 | | - | (11a) "Insect-protein food product" means a food product having one or more 12 |
---|
163 | | - | sensory attributes that resemble a type of tissue originating from poultry but 13 |
---|
164 | | - | that, in lieu of being derived from meat processing, is derived from 14 |
---|
165 | | - | manufacturing insect parts. 15 |
---|
166 | | - | … 16 |
---|
167 | | - | (16a) "Manufactured-protein food product" means a cell-cultured food product, 17 |
---|
168 | | - | insect-protein food product, or plant-protein food product. 18 |
---|
169 | | - | (17) "Misbranded" shall apply to any poultry product under one or more of the 19 |
---|
170 | | - | following circumstances: 20 |
---|
171 | | - | a. If its labeling is false or misleading in any particular; 21 |
---|
172 | | - | b If it is offered for sale under the name of another food; 22 |
---|
173 | | - | c. If it is an imitation of another food, unless its label bears, in type of 23 |
---|
174 | | - | uniform size and prominence, the word "imitation" and immediately 24 |
---|
175 | | - | thereafter, the name of the food imitated; 25 |
---|
176 | | - | … 26 |
---|
177 | | - | m. If it is a manufactured-protein food product and it is not labeled in 27 |
---|
178 | | - | accordance with G.S. 106-549.55(e). 28 |
---|
| 44 | + | suggests, or describes a meat product, regardless of whether the word or 32 |
---|
| 45 | + | phrase is used individually, as a portmanteau, or as a compound word. This 33 |
---|
| 46 | + | term includes all of the following: 34 |
---|
| 47 | + | H.B. 135 |
---|
| 48 | + | Feb 17, 2025 |
---|
| 49 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
---|
| 50 | + | Page 2 DRH30057-TQxf-1 |
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| 51 | + | a. A common name for the species of the agricultural food animal subject 1 |
---|
| 52 | + | to slaughter and processing, including a calf or cow, goat or kid, hog 2 |
---|
| 53 | + | or pig, or lamb or sheep. 3 |
---|
| 54 | + | b. A common name for a characteristic of a species of the agricultural 4 |
---|
| 55 | + | food animal subject to slaughter and processing based on age, breed, 5 |
---|
| 56 | + | or sex. 6 |
---|
| 57 | + | c. Meat, beef or veal, cabrito or chevon, lamb or mutton, or pork. 7 |
---|
| 58 | + | d. A common name used to describe a major cut of a meat of an 8 |
---|
| 59 | + | agricultural food animal slaughtered and processed, including a major 9 |
---|
| 60 | + | meat cut specified in 9 C.F.R. § 317.344, or the common name of an 10 |
---|
| 61 | + | organ or offal, including heart, liver, kidney, or tongue. 11 |
---|
| 62 | + | e. Any other common name that a reasonable purchaser would 12 |
---|
| 63 | + | immediately and exclusively associate with a meat product prepared 13 |
---|
| 64 | + | for sale in normal commercial channels such as bacon, baloney, 14 |
---|
| 65 | + | bologna, bone, brat or bratwurst, brisket, burger or hamburger, butt, 15 |
---|
| 66 | + | chop, chuck, cold cut, cutlet, filet, flat iron, frank or frankfurter, ham, 16 |
---|
| 67 | + | hock, hot dog, jerky, liverwurst, loin, London broil, lunch meat, New 17 |
---|
| 68 | + | York strip, pepperoni, porterhouse, ribeye, roast, rib or sparerib, 18 |
---|
| 69 | + | salami, sausage, shank, sirloin, tenderloin, or a comparable word or 19 |
---|
| 70 | + | phrase. 20 |
---|
| 71 | + | (9b) "Insect-protein food product" means a food product having one or more 21 |
---|
| 72 | + | sensory attributes that resemble a type of tissue originating from an 22 |
---|
| 73 | + | agricultural food animal but that, in lieu of being derived from meat 23 |
---|
| 74 | + | processing, is derived from manufacturing insect parts. 24 |
---|
| 75 | + | … 25 |
---|
| 76 | + | (12a) "Manufactured-protein food product" means a cell-cultured food product, 26 |
---|
| 77 | + | insect-protein food product, or plant-protein food product. 27 |
---|
| 78 | + | … 28 |
---|
| 79 | + | (14) "Meat food product" means any product capable of use as human food that is 29 |
---|
| 80 | + | made wholly or in part from any meat or other portion of the carcass of any 30 |
---|
| 81 | + | cattle, sheep, swine, goats, bison, fallow deer, or red deer, or any cell-cultured 31 |
---|
| 82 | + | product made from cells of those animals, excepting products that contain 32 |
---|
| 83 | + | meat or other portions of such carcasses only in a relatively small proportion 33 |
---|
| 84 | + | or historically have not been considered by consumers as products of the meat 34 |
---|
| 85 | + | food industry, and that are exempted from definition as a meat food product 35 |
---|
| 86 | + | by the Board under such conditions as it may prescribe to assure that the meat 36 |
---|
| 87 | + | or other portions of such carcasses contained in such product are not 37 |
---|
| 88 | + | adulterated and that such products are not represented as meat food products. 38 |
---|
| 89 | + | This term as applied to food products of equines shall have a meaning 39 |
---|
| 90 | + | comparable to that provided in this subdivision with respect to cattle, sheep, 40 |
---|
| 91 | + | swine, goats, and bison. 41 |
---|
| 92 | + | (15) "Misbranded" shall apply to any carcass, part thereof, meat or meat food 42 |
---|
| 93 | + | product under one or more of the following circumstances: 43 |
---|
| 94 | + | a. If its labeling is false or misleading in any particular; 44 |
---|
| 95 | + | b. If it is offered for sale under the name of another food; 45 |
---|
| 96 | + | c. If it is imitation of another food, unless its label bears, in type of 46 |
---|
| 97 | + | uniform size and prominence, the word "imitation" and immediately 47 |
---|
| 98 | + | thereafter, the name of the food imitated; 48 |
---|
| 99 | + | … 49 |
---|
| 100 | + | m. The product is a cell-cultured product, and it is not labeled in 50 |
---|
| 101 | + | accordance with G.S. 106-549.28A. 51 General Assembly Of North Carolina Session 2025 |
---|
| 102 | + | DRH30057-TQxf-1 Page 3 |
---|
| 103 | + | … 1 |
---|
| 104 | + | (20a) "Plant-protein food product" means a food product having one or more 2 |
---|
| 105 | + | sensory attributes that resemble a type of tissue originating from an 3 |
---|
| 106 | + | agricultural food animal but that, in lieu of being derived from meat 4 |
---|
| 107 | + | processing, is derived from manufacturing plant or fungus parts. 5 |
---|
| 108 | + | … 6 |
---|
| 109 | + | (21a) "Qualifying term" means a word, compound word, or phrase that would 7 |
---|
| 110 | + | clearly disclose to a reasonable purchaser of meat products that a food product 8 |
---|
| 111 | + | is not a meat product. This includes the following terms: "cell-cultured," 9 |
---|
| 112 | + | "fake," "grown in a lab," "insect," "insect-based," "insect-protein," 10 |
---|
| 113 | + | "lab-created," "lab-grown," "meat free," "meatless," "plant," "plant-based," 11 |
---|
| 114 | + | "vegan," "vegetable," "vegetarian," or "veggie." 12 |
---|
| 115 | + | (21b) "Ratite" means a bird whose breastbone is smooth so that flight muscles 13 |
---|
| 116 | + | cannot attach, such as an ostrich, an emu, and a rhea. These birds are subject 14 |
---|
| 117 | + | to the provisions of this Article and Article 49C to the same extent as any other 15 |
---|
| 118 | + | meat food product. 16 |
---|
| 119 | + | …." 17 |
---|
| 120 | + | SECTION 1.(b) Article 49B of Chapter 106 of the General Statutes is amended by 18 |
---|
| 121 | + | adding a new section to read: 19 |
---|
| 122 | + | "§ 106-549.28A. Labeling of manufactured-protein food products. 20 |
---|
| 123 | + | (a) The label of any manufactured-protein food product that contains an identifying meat 21 |
---|
| 124 | + | term shall also contain in at least 20-point font or the size of the surrounding type, whichever is 22 |
---|
| 125 | + | greater, and in close proximity to the name of the product, an appropriate qualifying term. 23 |
---|
| 126 | + | (b) A manufactured-protein food product that does not meet the requirements of this 24 |
---|
| 127 | + | section shall be deemed misbranded for purposes of this Article." 25 |
---|
| 128 | + | SECTION 1.(c) G.S. 106-549.51 reads as rewritten: 26 |
---|
| 129 | + | "§ 106-549.51. Definitions. 27 |
---|
| 130 | + | For purposes of this Article, the following terms shall have the meanings stated below: 28 |
---|
183 | | - | manufacturing plant or fungus parts. 33 |
---|
184 | | - | … 34 |
---|
185 | | - | (26) "Poultry product" means any poultry carcass, or part thereof; or any product 35 |
---|
186 | | - | which is made wholly or in part from any poultry carcass or part thereof, or 36 |
---|
187 | | - | any cell-cultured food product made from cells of poultry, excepting products 37 |
---|
188 | | - | which contain poultry ingredients only in a relatively small proportion or 38 |
---|
189 | | - | historically have not been considered by consumers as products of the poultry 39 |
---|
190 | | - | food industry, and which are exempted by the Board from definition as a 40 |
---|
191 | | - | poultry product under such conditions as the Board may prescribe to assure 41 |
---|
192 | | - | that the poultry ingredients in such products are not adulterated and that such 42 |
---|
193 | | - | products are not represented as poultry products. 43 |
---|
194 | | - | … 44 |
---|
195 | | - | (28a) "Qualifying term" means a word, compound word, or phrase that would 45 |
---|
196 | | - | clearly disclose to a reasonable purchaser of poultry products that a food 46 |
---|
197 | | - | product is not a poultry product. This includes the following terms: 47 |
---|
198 | | - | "cell-cultured," "fake," "grown in a lab," "insect," "insect-based," 48 |
---|
199 | | - | "insect-protein," "lab-created," "lab-grown," "meat free," "meatless," "plant," 49 |
---|
200 | | - | "plant-based," "vegan," "vegetable," "vegetarian," or "veggie." 50 |
---|
201 | | - | …." 51 General Assembly Of North Carolina Session 2025 |
---|
202 | | - | House Bill 135-First Edition Page 5 |
---|
203 | | - | SECTION 1.(d) G.S. 106-549.55 reads as rewritten: 1 |
---|
204 | | - | "§ 106-549.55. Labeling standards; false and misleading labels.labels; labeling of 2 |
---|
205 | | - | manufactured-protein food products. 3 |
---|
206 | | - | … 4 |
---|
207 | | - | (e) The label of any manufactured-protein food product that contains an identifying 5 |
---|
208 | | - | poultry term shall also contain in at least 20-point font or the size of the surrounding type, 6 |
---|
209 | | - | whichever is greater, and in close proximity to the name of the product, an appropriate qualifying 7 |
---|
210 | | - | term." 8 |
---|
211 | | - | SECTION 1.(e) This section becomes effective October 1, 2025, and applies to 9 |
---|
212 | | - | products sold or offered for sale on or after that date. 10 |
---|
213 | | - | 11 |
---|
214 | | - | PROHIBIT COMMUNITY COLLEGES, PUBLIC UNIVERSITIES, AND PUBLIC 12 |
---|
215 | | - | SCHOOLS FROM PURCHASING MISBRANDED PRODUCTS AND 13 |
---|
216 | | - | CELL-CULTURED PRODUCTS 14 |
---|
217 | | - | SECTION 2.(a) G.S. 115C-12 is amended by adding a new subdivision to read: 15 |
---|
218 | | - | "(50) Purchases of meat and poultry products. – The State Board of Education shall 16 |
---|
219 | | - | establish policies to prevent the purchase of a food product that is any of the 17 |
---|
220 | | - | following: 18 |
---|
221 | | - | a. Misbranded as a meat or poultry product as prohibited in Articles 49B 19 |
---|
222 | | - | and 49D of Chapter 106 of the General Statutes. 20 |
---|
223 | | - | b. A cell-cultured food product as defined in G.S. 106-549.15 or 21 |
---|
224 | | - | G.S. 106-549.51." 22 |
---|
225 | | - | SECTION 2.(b) Part 2 of Article 17 of Chapter 115C of the General Statutes is 23 |
---|
226 | | - | amended by adding a new section to read: 24 |
---|
227 | | - | "§ 115C-264.6. Purchases of meat and poultry products. 25 |
---|
228 | | - | Local boards of education shall establish policies to prevent the purchase of a food product 26 |
---|
229 | | - | that is any of the following: 27 |
---|
230 | | - | (1) Misbranded as a meat or poultry product as prohibited in Articles 49B and 28 |
---|
231 | | - | 49D of Chapter 106 of the General Statutes. 29 |
---|
232 | | - | (2) A cell-cultured food product as defined in G.S. 106-549.15 or 30 |
---|
233 | | - | G.S. 106-549.51." 31 |
---|
234 | | - | SECTION 2.(c) G.S. 115C-218.75 is amended by adding a new subsection to read: 32 |
---|
235 | | - | "(p) Purchases of Meat and Poultry Products. – A charter school shall establish policies to 33 |
---|
236 | | - | prevent the purchase of a food product that is any of the following: 34 |
---|
237 | | - | (1) Misbranded as a meat or poultry product as prohibited in Articles 49B and 35 |
---|
238 | | - | 49D of Chapter 106 of the General Statutes. 36 |
---|
239 | | - | (2) A cell-cultured food product as defined in G.S. 106-549.15 or 37 |
---|
240 | | - | G.S. 106-549.51." 38 |
---|
241 | | - | SECTION 2.(d) G.S. 115C-238.66 is amended by adding a new subdivision to read: 39 |
---|
242 | | - | "(23) Purchases of meat and poultry products. – A regional school shall establish 40 |
---|
243 | | - | policies to prevent the purchase of a food product that is any of the following: 41 |
---|
244 | | - | a. Misbranded as a meat or poultry product as prohibited in Articles 49B 42 |
---|
245 | | - | and 49D of Chapter 106 of the General Statutes. 43 |
---|
246 | | - | b. A cell-cultured food product as defined in G.S. 106-549.15 or 44 |
---|
247 | | - | G.S. 106-549.51." 45 |
---|
248 | | - | SECTION 2.(e) G.S. 116-239.8(b)(4)c. reads as rewritten: 46 |
---|
249 | | - | "c. Food services. – The laboratory school shall strive to ensure that one 47 |
---|
250 | | - | hundred percent (100%) muscadine grape juice is made available to 48 |
---|
251 | | - | students as a part of the school's nutrition program or through the 49 |
---|
252 | | - | operation of the school's vending facilities. The laboratory school shall 50 |
---|
253 | | - | establish policies to prevent the purchase of a food product that is (i) 51 General Assembly Of North Carolina Session 2025 |
---|
254 | | - | Page 6 House Bill 135-First Edition |
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255 | | - | misbranded as a meat or poultry product as prohibited in Articles 49B 1 |
---|
256 | | - | and 49D of Chapter 106 of the General Statutes or (ii) cell-cultured 2 |
---|
257 | | - | food product as defined in G.S. 106-549.15 or G.S. 106-549.51. Upon 3 |
---|
258 | | - | request, the local school administrative unit in which the laboratory 4 |
---|
259 | | - | school is located shall administer the National School Lunch Program 5 |
---|
260 | | - | for the laboratory school in accordance with G.S. 115C-264." 6 |
---|
261 | | - | SECTION 2.(f) G.S. 115D-20 reads as rewritten: 7 |
---|
262 | | - | "§ 115D-20. Powers and duties of trustees. 8 |
---|
263 | | - | The trustees of each institution shall constitute the local administrative board of such 9 |
---|
264 | | - | institution, with such powers and duties as are provided in this Chapter and as are delegated to it 10 |
---|
265 | | - | by the State Board of Community Colleges. The powers and duties of trustees shall include the 11 |
---|
266 | | - | following: 12 |
---|
| 135 | + | manufacturing cells, in which one or more stem cells are initially isolated from 33 |
---|
| 136 | + | poultry, are grown in vitro, and may be manipulated, as part of a 34 |
---|
| 137 | + | manufacturing operation. 35 |
---|
| 138 | + | (4b) "Close proximity" means any of the following: 36 |
---|
| 139 | + | a. Immediately before or after the name of the product. 37 |
---|
| 140 | + | b. In the line of the label immediately before or after the line containing 38 |
---|
| 141 | + | the name of the product. 39 |
---|
| 142 | + | c. Within the same phrase or sentence containing the name of the 40 |
---|
| 143 | + | product. 41 |
---|
| 144 | + | … 42 |
---|
| 145 | + | (10a) "Identifying poultry term" means any word or phrase that states, indicates, 43 |
---|
| 146 | + | suggests, or describes a poultry product, regardless of whether the word or 44 |
---|
| 147 | + | phrase is used individually, as a portmanteau, or as a compound word. This 45 |
---|
| 148 | + | term includes all of the following: 46 |
---|
| 149 | + | a. A common name for the species of the poultry subject to slaughter and 47 |
---|
| 150 | + | processing, including chicken, poultry, or turkey. 48 |
---|
| 151 | + | b. A common name for a characteristic of a species of the poultry subject 49 |
---|
| 152 | + | to slaughter and processing based on age, breed, or sex. 50 |
---|
| 153 | + | c. Meat, broiler, fryer, poulet, or yearling. 51 General Assembly Of North Carolina Session 2025 |
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| 154 | + | Page 4 DRH30057-TQxf-1 |
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| 155 | + | d. A common name used to describe a major cut of poultry slaughtered 1 |
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| 156 | + | and processed, including a poultry product such as breast, drumstick, 2 |
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| 157 | + | giblet, thigh, or wing; or the common name of an organ or offal, 3 |
---|
| 158 | + | including gizzard, heart, liver, kidney, or tongue. 4 |
---|
| 159 | + | e. Any other common name that a reasonable purchaser would 5 |
---|
| 160 | + | immediately and exclusively associate with a poultry product prepared 6 |
---|
| 161 | + | for sale in normal commercial channels. 7 |
---|
| 162 | + | … 8 |
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| 163 | + | (11a) "Insect-protein food product" means a food product having one or more 9 |
---|
| 164 | + | sensory attributes that resemble a type of tissue originating from poultry but 10 |
---|
| 165 | + | that, in lieu of being derived from meat processing, is derived from 11 |
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| 166 | + | manufacturing insect parts. 12 |
---|
283 | | - | SECTION 2.(h) This section becomes effective October 1, 2025. Subsections (a), 29 |
---|
284 | | - | (b), (c), (d), and (e) of this section apply beginning with the 2026-2027 school year. Subsections 30 |
---|
285 | | - | (f) and (g) of this section apply beginning with the 2026-2027 academic year. 31 |
---|
286 | | - | 32 |
---|
287 | | - | ESTABLISH AN ENVIRONMENTAL INVESTMENT ASSESSMENT ON CERTAIN 33 |
---|
288 | | - | MEAT, POULTRY, EGG, AND DAIRY PRODUCTS AND ANALOGOUS PRODUCTS 34 |
---|
289 | | - | SECTION 3.(a) Subchapter I of Chapter 105 of the General Statutes is amended by 35 |
---|
290 | | - | adding a new Article to read: 36 |
---|
291 | | - | "Article 5K. 37 |
---|
292 | | - | "Animal Agriculture and Analogues Environmental Investment Assessment. 38 |
---|
293 | | - | "§ 105-187.100. Definitions. 39 |
---|
294 | | - | The following definitions apply in this Article: 40 |
---|
295 | | - | (1) Agricultural food animal. – A domesticated animal belonging to the bovine, 41 |
---|
296 | | - | caprine, ovine, or porcine species; a domesticated animal belonging to the 42 |
---|
297 | | - | cervid species limited to fallow deer or red deer; and domestic fowl limited to 43 |
---|
298 | | - | chickens or turkeys. 44 |
---|
299 | | - | (2) Analogue product. – A food product derived by combining processed plant 45 |
---|
300 | | - | products, insects, or fungi with food additives to approximate the texture, 46 |
---|
301 | | - | flavor, appearance, or other aesthetic qualities or the chemical characteristics 47 |
---|
302 | | - | of any specific type of animal agriculture product. This term includes 48 |
---|
303 | | - | cell-cultured products. 49 General Assembly Of North Carolina Session 2025 |
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304 | | - | House Bill 135-First Edition Page 7 |
---|
305 | | - | (3) Animal agriculture product. – A food product that is a dairy product, egg, egg 1 |
---|
306 | | - | product, meat, meat food product, poultry, or poultry product. This term does 2 |
---|
307 | | - | not include an analogue product. 3 |
---|
308 | | - | (4) Cell-cultured product. – A food product derived by harvesting animal cells 4 |
---|
309 | | - | and artificially replicating those cells in a growth medium in a laboratory or 5 |
---|
310 | | - | similar setting to produce tissue. 6 |
---|
311 | | - | (5) Dairy product. – A product manufactured for human consumption that is 7 |
---|
312 | | - | derived from the processing of milk. The term includes a fluid milk product. 8 |
---|
313 | | - | (6) Dietary supplement. – As defined in G.S. 105-164.3(55). 9 |
---|
314 | | - | (7) Egg. – As defined in 21 U.S.C. § 1033(g). 10 |
---|
315 | | - | (8) Egg product. – As defined in 21 U.S.C. § 1033(f). 11 |
---|
316 | | - | (9) Environmental improvement project. – A project that is intended to improve 12 |
---|
317 | | - | water quality, increase soil health, reduce flood risks, reduce chemical inputs, 13 |
---|
318 | | - | increase biodiversity, preserve farmland, or achieve similar ecological goals. 14 |
---|
319 | | - | (10) Fluid milk product. – A milk product normally consumed in liquid form as a 15 |
---|
320 | | - | beverage. 16 |
---|
321 | | - | (11) Food product. – A perishable or nonperishable product that is fit for human 17 |
---|
322 | | - | consumption. This term does not include dietary supplements. 18 |
---|
323 | | - | (12) Identifying term. – Any word or phrase that states, indicates, or describes an 19 |
---|
324 | | - | animal agriculture product, regardless of whether the word is used 20 |
---|
325 | | - | individually, as a compound word, or as a portmanteau. 21 |
---|
326 | | - | a. An "identifying term" includes all of the following: 22 |
---|
327 | | - | 1. A common name for the species of an agricultural food animal 23 |
---|
328 | | - | subject to slaughter and processing, including a calf or cow, 24 |
---|
329 | | - | chicken, goat or kid, hog or pig, poultry, lamb or sheep, or 25 |
---|
330 | | - | turkey. 26 |
---|
331 | | - | 2. A common name for a characteristic of a species of an 27 |
---|
332 | | - | agricultural food animal subject to slaughter and processing, 28 |
---|
333 | | - | based on age, breed, or sex. 29 |
---|
334 | | - | 3. Any of the terms: beef or veal; egg; broiler, fryer, poulet, or 30 |
---|
335 | | - | yearling; cabrito or chevon; lamb or mutton; meat; milk; or 31 |
---|
336 | | - | pork. 32 |
---|
337 | | - | 4. A common name used to describe a major cut of a meat of an 33 |
---|
338 | | - | agricultural food animal slaughtered and processed, including 34 |
---|
339 | | - | a major meat cut specified in 9 C.F.R. § 317.344; a poultry 35 |
---|
340 | | - | product such as breast, drumstick, giblet, thigh, or wing; or the 36 |
---|
341 | | - | common name of an organ or offal, including gizzard, heart, 37 |
---|
342 | | - | liver, kidney, or tongue. 38 |
---|
343 | | - | 5. Any other common name that a reasonable purchaser would 39 |
---|
344 | | - | immediately associate with a dairy, egg, meat, or poultry 40 |
---|
345 | | - | product prepared for sale in normal commercial channels, such 41 |
---|
346 | | - | as bacon, baloney, bologna, bone, brat or bratwurst, brisket, 42 |
---|
347 | | - | burger or hamburger, butt, butter, cheese, chop, chuck, cold 43 |
---|
348 | | - | cut, cream, cutlet, filet, flat iron, frank or frankfurter, 44 |
---|
349 | | - | half-and-half, ham, hock, hot dog, ice cream, jerky, liverwurst, 45 |
---|
350 | | - | loin, London broil, lunch meat or lunchmeat, New York strip, 46 |
---|
351 | | - | pepperoni, porterhouse, ribeye, roast, rib or sparerib, salami, 47 |
---|
352 | | - | sausage, scramble, shank, sirloin, tenderloin, yogurt, or a 48 |
---|
353 | | - | comparable word or phrase. 49 General Assembly Of North Carolina Session 2025 |
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354 | | - | Page 8 House Bill 135-First Edition |
---|
355 | | - | b. An "identifying term" shall not include a product name that is 1 |
---|
356 | | - | understood by consumers not to be a term for an animal agriculture 2 |
---|
357 | | - | product or an analogue product. 3 |
---|
358 | | - | (13) Label. – A display of written, printed, or graphic matter placed upon any 4 |
---|
359 | | - | container storing a food product that is offered for sale or sold at retail, 5 |
---|
360 | | - | regardless of whether the written, printed, or graphic matter is printed on the 6 |
---|
361 | | - | container's packaging or a sticker affixed to the container. This does not 7 |
---|
362 | | - | include a nutrition facts panel or ingredients list required by the United States 8 |
---|
363 | | - | Food and Drug Administration. 9 |
---|
364 | | - | (14) Meat. – As defined in 9 C.F.R. § 301.2. 10 |
---|
365 | | - | (15) Meat food product. – Any product capable of use as human food that is made 11 |
---|
366 | | - | wholly or in part from any meat or other portion of the carcass of any cattle, 12 |
---|
367 | | - | sheep, swine, goat, bison, fallow deer, or red deer. For purposes of this section, 13 |
---|
368 | | - | the following are considered meat food products: 14 |
---|
369 | | - | a. Primal and subprimal cuts of meat. 15 |
---|
370 | | - | b. Ground meat. 16 |
---|
371 | | - | c. Sliced deli meat. 17 |
---|
372 | | - | d. Sausage. 18 |
---|
373 | | - | e. Bacon. 19 |
---|
374 | | - | f. Ham. 20 |
---|
375 | | - | g. Jerky. 21 |
---|
376 | | - | h. Corned beef. 22 |
---|
377 | | - | i. Smoked parts. 23 |
---|
378 | | - | j. Rendered fats. 24 |
---|
379 | | - | k. Edible offal. 25 |
---|
380 | | - | (16) Milk. – The lacteal secretion practically free from colostrum obtained by the 26 |
---|
381 | | - | milking of one or more cows, goats, or other lactating animals. 27 |
---|
382 | | - | (17) Poultry. – As defined in 21 U.S.C. § 453(e). 28 |
---|
383 | | - | (18) Poultry product. – As defined in 21 U.S.C. § 453(f). For purposes of this 29 |
---|
384 | | - | section, the following are considered poultry products: 30 |
---|
385 | | - | a. Whole poultry. 31 |
---|
386 | | - | b. Primal cuts of poultry. 32 |
---|
387 | | - | c. Ground poultry. 33 |
---|
388 | | - | d. Sliced deli poultry. 34 |
---|
389 | | - | e. Sausage. 35 |
---|
390 | | - | f. Bacon. 36 |
---|
391 | | - | g. Jerky. 37 |
---|
392 | | - | h. Smoked parts. 38 |
---|
393 | | - | i. Rendered fats. 39 |
---|
394 | | - | j. Edible offal. 40 |
---|
395 | | - | (19) Prepared food. – As defined in G.S. 105-164.4L. 41 |
---|
396 | | - | (20) Protein group. – The type of protein from which an animal agriculture product 42 |
---|
397 | | - | was derived or which an analogue product approximates or is intended to 43 |
---|
398 | | - | approximate. A meat food product or poultry product shall be classified based 44 |
---|
399 | | - | on the animal from which the meat was derived, and an analogue to a meat 45 |
---|
400 | | - | food product or poultry product shall be classified based on the specific animal 46 |
---|
401 | | - | protein approximated or intended to be approximated. 47 |
---|
402 | | - | (21) Trade associations. – All of the following organizations: 48 |
---|
403 | | - | a. North Carolina Cattleman's Association. 49 |
---|
404 | | - | b. North Carolina Dairy Producers Association. 50 |
---|
405 | | - | c. North Carolina Deer and Elk Farmers Association. 51 General Assembly Of North Carolina Session 2025 |
---|
406 | | - | House Bill 135-First Edition Page 9 |
---|
407 | | - | d. North Carolina Egg Association. 1 |
---|
408 | | - | e. North Carolina Pork Council. 2 |
---|
409 | | - | f. North Carolina Poultry Federation. 3 |
---|
410 | | - | g. North Carolina Sheep Producers Association. 4 |
---|
411 | | - | "§ 105-187.101. Environmental investment assessment imposed. 5 |
---|
412 | | - | (a) Levy and Rate. – An environmental investment assessment (EIA) of five cents (5¢) 6 |
---|
413 | | - | is imposed on each item of an animal agriculture product or an analogue product sold at retail if 7 |
---|
414 | | - | the article bears an identifying term on the product's label. For purposes of this Article, the term 8 |
---|
415 | | - | "item" refers to an item that is identified by a universal product code or other identifier 9 |
---|
416 | | - | representing the item and that is used to retrieve the sales price of the item. 10 |
---|
417 | | - | (b) Environmental Investment Assessment – The EIA imposed by this Article is intended 11 |
---|
418 | | - | to be passed on to the purchaser of an item to which the EIA is imposed and borne by the 12 |
---|
419 | | - | purchaser instead of by the retailer. A retailer must collect the EIA due on an item when sold at 13 |
---|
420 | | - | retail. A retailer must record the protein group to which any animal agriculture product or 14 |
---|
421 | | - | analogue product belongs and report this information to the Department of Revenue when it 15 |
---|
422 | | - | remits the collected EIAs to the Department. If the retailer cannot determine the protein group to 16 |
---|
423 | | - | which an animal agriculture product or analogue product belongs, the retailer shall consult with 17 |
---|
424 | | - | the trade association with which the product would be most closely identified. The trade 18 |
---|
425 | | - | association shall make the determination of whether the product should be subject to the 19 |
---|
426 | | - | assessment and notify the Department. 20 |
---|
427 | | - | (c) The retailer may retain one percent (1%) of the gross proceeds of the EIAs it collects 21 |
---|
428 | | - | for the retailer's administrative costs. The EIA is a debt from the purchaser to the retailer until 22 |
---|
429 | | - | paid and is recoverable at law by the retailer in the same manner as other debts. A retailer is 23 |
---|
430 | | - | considered to act as a trustee on behalf of the State when it collects the EIA from the purchaser 24 |
---|
431 | | - | on an applicable sale. The EIA must be stated and charged separately on the invoices or other 25 |
---|
432 | | - | documents of the retailer given to the purchaser at the time of the sale except for either of the 26 |
---|
433 | | - | following: 27 |
---|
434 | | - | (1) Vending machine sales. 28 |
---|
435 | | - | (2) Where a retailer displays a statement indicating the sales price includes the 29 |
---|
436 | | - | tax. 30 |
---|
437 | | - | "§ 105-187.102. Administration. 31 |
---|
438 | | - | Except as otherwise provided in this Article, the EIA imposed by this Article shall be 32 |
---|
439 | | - | collected and administered in the same manner as the State sales and use taxes imposed by Article 33 |
---|
440 | | - | 5 of this Chapter. The provisions of Article 9 of this Chapter that are not inconsistent with this 34 |
---|
441 | | - | Article, including administration, auditing, making returns, promulgation of rules and regulations 35 |
---|
442 | | - | by the Secretary, additional taxes, assessments and assessment procedure, imposition and 36 |
---|
443 | | - | collection of taxes and the lien thereof, and penalties, are made a part of this Article and shall be 37 |
---|
444 | | - | applicable thereto. 38 |
---|
445 | | - | "§ 105-187.103. Exemptions and refunds. 39 |
---|
446 | | - | (a) The EIA imposed by this Article does not apply to any of the following: 40 |
---|
447 | | - | (1) Sales the State cannot constitutionally tax. 41 |
---|
448 | | - | (2) Products of a farm sold in their original state by the producer of the products 42 |
---|
449 | | - | if the producer is not primarily a retail merchant. 43 |
---|
450 | | - | (3) Prepared food. 44 |
---|
451 | | - | (4) Products containing ingredients from more than one protein group. 45 |
---|
452 | | - | (5) Meat food products or poultry products with a nonmeat or nonpoultry 46 |
---|
453 | | - | component other than seasoning, brine solution, or vinegar, or analogue 47 |
---|
454 | | - | products to such meat food products or poultry products. 48 |
---|
455 | | - | (b) Except as otherwise provided in this section, the exemptions and refunds allowed in 49 |
---|
456 | | - | Article 5 of this Chapter do not apply to sales of items subject to assessment under this Article. 50 |
---|
457 | | - | "§ 105-187.104. Use of EIA proceeds. 51 General Assembly Of North Carolina Session 2025 |
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458 | | - | Page 10 House Bill 135-First Edition |
---|
459 | | - | (a) Two percent (2%) of the net proceeds of the EIAs shall be retained by the Department 1 |
---|
460 | | - | of Revenue for its administrative costs. 2 |
---|
461 | | - | (b) Of the remaining funds, each quarter, the Secretary shall credit the net proceeds of 3 |
---|
462 | | - | the EIAs collected under this Article to the trade associations proportionate to the amount of 4 |
---|
463 | | - | funds collected from the sale of products in each protein group. 5 |
---|
464 | | - | (c) Two percent (2%) of the funds credited to each trade association pursuant to this 6 |
---|
465 | | - | section shall be used for the costs of administering the grant program authorized by this section. 7 |
---|
466 | | - | The remainder of the funds credited to the trade associations may be used only to implement 8 |
---|
467 | | - | environmental improvement projects on the farms of constituent members of the trade 9 |
---|
468 | | - | associations. Each trade association shall develop (i) an application process by which constituent 10 |
---|
469 | | - | members may apply for funds for environmental improvement projects and (ii) a process for 11 |
---|
470 | | - | evaluating applications. In developing their processes, the trade associations shall consider the 12 |
---|
471 | | - | size of the operations applying for funds and strive to award equal amounts of funding to small 13 |
---|
472 | | - | and large operations. Any funds credited to the trade associations that are not awarded by a trade 14 |
---|
473 | | - | association for 18 months shall be remitted to the Agricultural Development and Farmland 15 |
---|
474 | | - | Preservation Trust Fund." 16 |
---|
475 | | - | SECTION 3.(b) This section becomes effective October 1, 2025, and applies to 17 |
---|
476 | | - | products sold on or after that date. 18 |
---|
477 | | - | 19 |
---|
478 | | - | SEVERABILITY CLAUSE AND EFFECTIVE DATE 20 |
---|
479 | | - | SECTION 4.(a) If any section or provision of this act is declared unconstitutional or 21 |
---|
480 | | - | invalid by the courts, it does not affect the validity of this act as a whole or any part other than 22 |
---|
481 | | - | the part declared to be unconstitutional or invalid. 23 |
---|
482 | | - | SECTION 4.(b) Except as otherwise provided, this act becomes effective October 24 |
---|
483 | | - | 1, 2025. 25 |
---|
| 235 | + | SECTION 2.(c) G.S. 115C-218.75 is amended by adding a new subsection to read: 29 |
---|
| 236 | + | "(p) Purchases of Meat and Poultry Products. – A charter school shall establish policies to 30 |
---|
| 237 | + | prevent the purchase of a food product that is any of the following: 31 |
---|
| 238 | + | (1) Misbranded as a meat or poultry product as prohibited in Articles 49B and 32 |
---|
| 239 | + | 49D of Chapter 106 of the General Statutes. 33 |
---|
| 240 | + | (2) A cell-cultured food product as defined in G.S. 106-549.15 or 34 |
---|
| 241 | + | G.S. 106-549.51." 35 |
---|
| 242 | + | SECTION 2.(d) G.S. 115C-238.66 is amended by adding a new subdivision to read: 36 |
---|
| 243 | + | "(23) Purchases of meat and poultry products. – A regional school shall establish 37 |
---|
| 244 | + | policies to prevent the purchase of a food product that is any of the following: 38 |
---|
| 245 | + | a. Misbranded as a meat or poultry product as prohibited in Articles 49B 39 |
---|
| 246 | + | and 49D of Chapter 106 of the General Statutes. 40 |
---|
| 247 | + | b. A cell-cultured food product as defined in G.S. 106-549.15 or 41 |
---|
| 248 | + | G.S. 106-549.51." 42 |
---|
| 249 | + | SECTION 2.(e) G.S. 116-239.8(b)(4)c. reads as rewritten: 43 |
---|
| 250 | + | "c. Food services. – The laboratory school shall strive to ensure that one 44 |
---|
| 251 | + | hundred percent (100%) muscadine grape juice is made available to 45 |
---|
| 252 | + | students as a part of the school's nutrition program or through the 46 |
---|
| 253 | + | operation of the school's vending facilities. The laboratory school shall 47 |
---|
| 254 | + | establish policies to prevent the purchase of a food product that is (i) 48 |
---|
| 255 | + | misbranded as a meat or poultry product as prohibited in Articles 49B 49 |
---|
| 256 | + | and 49D of Chapter 106 of the General Statutes or (ii) cell-cultured 50 |
---|
| 257 | + | food product as defined in G.S. 106-549.15 or G.S. 106-549.51. Upon 51 General Assembly Of North Carolina Session 2025 |
---|
| 258 | + | Page 6 DRH30057-TQxf-1 |
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| 259 | + | request, the local school administrative unit in which the laboratory 1 |
---|
| 260 | + | school is located shall administer the National School Lunch Program 2 |
---|
| 261 | + | for the laboratory school in accordance with G.S. 115C-264." 3 |
---|
| 262 | + | SECTION 2.(f) G.S. 115D-20 reads as rewritten: 4 |
---|
| 263 | + | "§ 115D-20. Powers and duties of trustees. 5 |
---|
| 264 | + | The trustees of each institution shall constitute the local administrative board of such 6 |
---|
| 265 | + | institution, with such powers and duties as are provided in this Chapter and as are delegated to it 7 |
---|
| 266 | + | by the State Board of Community Colleges. The powers and duties of trustees shall include the 8 |
---|
| 267 | + | following: 9 |
---|
| 268 | + | … 10 |
---|
| 269 | + | (16) To establish policies to prevent the purchase of a food product that is any of 11 |
---|
| 270 | + | the following: 12 |
---|
| 271 | + | a. Misbranded as a meat or poultry product as prohibited in Articles 49B 13 |
---|
| 272 | + | and 49D of Chapter 106 of the General Statutes. 14 |
---|
| 273 | + | b. A cell-cultured food product as defined in G.S. 106-549.15 or 15 |
---|
| 274 | + | G.S. 106-549.51." 16 |
---|
| 275 | + | SECTION 2.(g) Part 5 of Article 1 of Chapter 116 of the General Statutes is amended 17 |
---|
| 276 | + | by adding a new section to read: 18 |
---|
| 277 | + | "§ 116-43.26. Purchases of meat and poultry products. 19 |
---|
| 278 | + | Each constituent institution shall establish policies to prevent the purchase of a food product 20 |
---|
| 279 | + | that is any of the following: 21 |
---|
| 280 | + | (1) Misbranded as a meat or poultry product as prohibited in Articles 49B and 22 |
---|
| 281 | + | 49D of Chapter 106 of the General Statutes. 23 |
---|
| 282 | + | (2) A cell-cultured food product as defined in G.S. 106-549.15 or 24 |
---|
| 283 | + | G.S. 106-549.51." 25 |
---|
| 284 | + | SECTION 2.(h) This section becomes effective October 1, 2025. Subsections (a), 26 |
---|
| 285 | + | (b), (c), (d), and (e) of this section apply beginning with the 2026-2027 school year. Subsections 27 |
---|
| 286 | + | (f) and (g) of this section apply beginning with the 2026-2027 academic year. 28 |
---|
| 287 | + | 29 |
---|
| 288 | + | ESTABLISH AN ENVIRONMENTAL INVESTMENT ASSESSMENT O N CERTAIN 30 |
---|
| 289 | + | MEAT, POULTRY, EGG, AND DAIRY PRODUCTS AND ANALOGOUS PRODUCTS 31 |
---|
| 290 | + | SECTION 3.(a) Subchapter I of Chapter 105 of the General Statutes is amended by 32 |
---|
| 291 | + | adding a new Article to read: 33 |
---|
| 292 | + | "Article 5K. 34 |
---|
| 293 | + | "Animal Agriculture and Analogues Environmental Investment Assessment. 35 |
---|
| 294 | + | "§ 105-187.100. Definitions. 36 |
---|
| 295 | + | The following definitions apply in this Article: 37 |
---|
| 296 | + | (1) Agricultural food animal. – A domesticated animal belonging to the bovine, 38 |
---|
| 297 | + | caprine, ovine, or porcine species; a domesticated animal belonging to the 39 |
---|
| 298 | + | cervid species limited to fallow deer or red deer; and domestic fowl limited to 40 |
---|
| 299 | + | chickens or turkeys. 41 |
---|
| 300 | + | (2) Analogue product. – A food product derived by combining processed plant 42 |
---|
| 301 | + | products, insects, or fungi with food additives to approximate the texture, 43 |
---|
| 302 | + | flavor, appearance, or other aesthetic qualities or the chemical characteristics 44 |
---|
| 303 | + | of any specific type of animal agriculture product. This term includes 45 |
---|
| 304 | + | cell-cultured products. 46 |
---|
| 305 | + | (3) Animal agriculture product. – A food product that is a dairy product, egg, egg 47 |
---|
| 306 | + | product, meat, meat food product, poultry, or poultry product. This term does 48 |
---|
| 307 | + | not include an analogue product. 49 General Assembly Of North Carolina Session 2025 |
---|
| 308 | + | DRH30057-TQxf-1 Page 7 |
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| 309 | + | (4) Cell-cultured product. – A food product derived by harvesting animal cells 1 |
---|
| 310 | + | and artificially replicating those cells in a growth medium in a laboratory or 2 |
---|
| 311 | + | similar setting to produce tissue. 3 |
---|
| 312 | + | (5) Dairy product. – A product manufactured for human consumption that is 4 |
---|
| 313 | + | derived from the processing of milk. The term includes a fluid milk product. 5 |
---|
| 314 | + | (6) Dietary supplement. – As defined in G.S. 105-164.3(55). 6 |
---|
| 315 | + | (7) Egg. – As defined in 21 U.S.C. § 1033(g). 7 |
---|
| 316 | + | (8) Egg product. – As defined in 21 U.S.C. § 1033(f). 8 |
---|
| 317 | + | (9) Environmental improvement project. – A project that is intended to improve 9 |
---|
| 318 | + | water quality, increase soil health, reduce flood risks, reduce chemical inputs, 10 |
---|
| 319 | + | increase biodiversity, preserve farmland, or achieve similar ecological goals. 11 |
---|
| 320 | + | (10) Fluid milk product. – A milk product normally consumed in liquid form as a 12 |
---|
| 321 | + | beverage. 13 |
---|
| 322 | + | (11) Food product. – A perishable or nonperishable product that is fit for human 14 |
---|
| 323 | + | consumption. This term does not include dietary supplements. 15 |
---|
| 324 | + | (12) Identifying term. – Any word or phrase that states, indicates, or describes an 16 |
---|
| 325 | + | animal agriculture product, regardless of whether the word is used 17 |
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| 326 | + | individually, as a compound word, or as a portmanteau. 18 |
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| 327 | + | a. An "identifying term" includes all of the following: 19 |
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| 328 | + | 1. A common name for the species of an agricultural food animal 20 |
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| 329 | + | subject to slaughter and processing, including a calf or cow, 21 |
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| 330 | + | chicken, goat or kid, hog or pig, poultry, lamb or sheep, or 22 |
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| 331 | + | turkey. 23 |
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| 332 | + | 2. A common name for a characteristic of a species of an 24 |
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| 333 | + | agricultural food animal subject to slaughter and processing, 25 |
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| 334 | + | based on age, breed, or sex. 26 |
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| 335 | + | 3. Any of the terms: beef or veal; egg; broiler, fryer, poulet, or 27 |
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| 336 | + | yearling; cabrito or chevon; lamb or mutton; meat; milk; or 28 |
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| 337 | + | pork. 29 |
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| 338 | + | 4. A common name used to describe a major cut of a meat of an 30 |
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| 339 | + | agricultural food animal slaughtered and processed, including 31 |
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| 340 | + | a major meat cut specified in 9 C.F.R. § 317.344; a poultry 32 |
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| 341 | + | product such as breast, drumstick, giblet, thigh, or wing; or the 33 |
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| 342 | + | common name of an organ or offal, including gizzard, heart, 34 |
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| 343 | + | liver, kidney, or tongue. 35 |
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| 344 | + | 5. Any other common name that a reasonable purchaser would 36 |
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| 345 | + | immediately associate with a dairy, egg, meat, or poultry 37 |
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| 346 | + | product prepared for sale in normal commercial channels, such 38 |
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| 347 | + | as bacon, baloney, bologna, bone, brat or bratwurst, brisket, 39 |
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| 348 | + | burger or hamburger, butt, butter, cheese, chop, chuck, cold 40 |
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| 349 | + | cut, cream, cutlet, filet, flat iron, frank or frankfurter, 41 |
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| 350 | + | half-and-half, ham, hock, hot dog, ice cream, jerky, liverwurst, 42 |
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| 351 | + | loin, London broil, lunch meat or lunchmeat, New York strip, 43 |
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| 352 | + | pepperoni, porterhouse, ribeye, roast, rib or sparerib, salami, 44 |
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| 353 | + | sausage, scramble, shank, sirloin, tenderloin, yogurt, or a 45 |
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| 354 | + | comparable word or phrase. 46 |
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| 355 | + | b. An "identifying term" shall not include a product name that is 47 |
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| 356 | + | understood by consumers not to be a term for an animal agriculture 48 |
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| 357 | + | product or an analogue product. 49 |
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| 358 | + | (13) Label. – A display of written, printed, or graphic matter placed upon any 50 |
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| 359 | + | container storing a food product that is offered for sale or sold at retail, 51 General Assembly Of North Carolina Session 2025 |
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| 360 | + | Page 8 DRH30057-TQxf-1 |
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| 361 | + | regardless of whether the written, printed, or graphic matter is printed on the 1 |
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| 362 | + | container's packaging or a sticker affixed to the container. This does not 2 |
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| 363 | + | include a nutrition facts panel or ingredients list required by the United States 3 |
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| 364 | + | Food and Drug Administration. 4 |
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| 365 | + | (14) Meat. – As defined in 9 C.F.R. § 301.2. 5 |
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| 366 | + | (15) Meat food product. – Any product capable of use as human food that is made 6 |
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| 367 | + | wholly or in part from any meat or other portion of the carcass of any cattle, 7 |
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| 368 | + | sheep, swine, goat, bison, fallow deer, or red deer. For purposes of this section, 8 |
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| 369 | + | the following are considered meat food products: 9 |
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| 370 | + | a. Primal and subprimal cuts of meat. 10 |
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| 371 | + | b. Ground meat. 11 |
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| 372 | + | c. Sliced deli meat. 12 |
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| 373 | + | d. Sausage. 13 |
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| 374 | + | e. Bacon. 14 |
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| 375 | + | f. Ham. 15 |
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| 376 | + | g. Jerky. 16 |
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| 377 | + | h. Corned beef. 17 |
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| 378 | + | i. Smoked parts. 18 |
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| 379 | + | j. Rendered fats. 19 |
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| 380 | + | k. Edible offal. 20 |
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| 381 | + | (16) Milk. – The lacteal secretion practically free from colostrum obtained by the 21 |
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| 382 | + | milking of one or more cows, goats, or other lactating animals. 22 |
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| 383 | + | (17) Poultry. – As defined in 21 U.S.C. § 453(e). 23 |
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| 384 | + | (18) Poultry product. – As defined in 21 U.S.C. § 453(f). For purposes of this 24 |
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| 385 | + | section, the following are considered poultry products: 25 |
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| 386 | + | a. Whole poultry. 26 |
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| 387 | + | b. Primal cuts of poultry. 27 |
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| 388 | + | c. Ground poultry. 28 |
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| 389 | + | d. Sliced deli poultry. 29 |
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| 390 | + | e. Sausage. 30 |
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| 391 | + | f. Bacon. 31 |
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| 392 | + | g. Jerky. 32 |
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| 393 | + | h. Smoked parts. 33 |
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| 394 | + | i. Rendered fats. 34 |
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| 395 | + | j. Edible offal. 35 |
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| 396 | + | (19) Prepared food. – As defined in G.S. 105-164.4L. 36 |
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| 397 | + | (20) Protein group. – The type of protein from which an animal agriculture product 37 |
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| 398 | + | was derived or which an analogue product approximates or is intended to 38 |
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| 399 | + | approximate. A meat food product or poultry product shall be classified based 39 |
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| 400 | + | on the animal from which the meat was derived, and an analogue to a meat 40 |
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| 401 | + | food product or poultry product shall be classified based on the specific animal 41 |
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| 402 | + | protein approximated or intended to be approximated. 42 |
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| 403 | + | (21) Trade associations. – All of the following organizations: 43 |
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| 404 | + | a. North Carolina Cattleman's Association. 44 |
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| 405 | + | b. North Carolina Dairy Producers Association. 45 |
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| 406 | + | c. North Carolina Deer and Elk Farmers Association. 46 |
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| 407 | + | d. North Carolina Egg Association. 47 |
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| 408 | + | e. North Carolina Pork Council. 48 |
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| 409 | + | f. North Carolina Poultry Federation. 49 |
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| 410 | + | g. North Carolina Sheep Producers Association. 50 |
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| 411 | + | "§ 105-187.101. Environmental investment assessment imposed. 51 General Assembly Of North Carolina Session 2025 |
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| 412 | + | DRH30057-TQxf-1 Page 9 |
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| 413 | + | (a) Levy and Rate. – An environmental investment assessment (EIA) of five cents (5¢) 1 |
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| 414 | + | is imposed on each item of an animal agriculture product or an analogue product sold at retail if 2 |
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| 415 | + | the article bears an identifying term on the product's label. For purposes of this Article, the term 3 |
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| 416 | + | "item" refers to an item that is identified by a universal product code or other identifier 4 |
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| 417 | + | representing the item and that is used to retrieve the sales price of the item. 5 |
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| 418 | + | (b) Environmental Investment Assessment – The EIA imposed by this Article is intended 6 |
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| 419 | + | to be passed on to the purchaser of an item to which the EIA is imposed and borne by the 7 |
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| 420 | + | purchaser instead of by the retailer. A retailer must collect the EIA due on an item when sold at 8 |
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| 421 | + | retail. A retailer must record the protein group to which any animal agriculture product or 9 |
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| 422 | + | analogue product belongs and report this information to the Department of Revenue when it 10 |
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| 423 | + | remits the collected EIAs to the Department. If the retailer cannot determine the protein group to 11 |
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| 424 | + | which an animal agriculture product or analogue product belongs, the retailer shall consult with 12 |
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| 425 | + | the trade association with which the product would be most closely identified. The trade 13 |
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| 426 | + | association shall make the determination of whether the product should be subject to the 14 |
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| 427 | + | assessment and notify the Department. 15 |
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| 428 | + | (c) The retailer may retain one percent (1%) of the gross proceeds of the EIAs it collects 16 |
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| 429 | + | for the retailer's administrative costs. The EIA is a debt from the purchaser to the retailer until 17 |
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| 430 | + | paid and is recoverable at law by the retailer in the same manner as other debts. A retailer is 18 |
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| 431 | + | considered to act as a trustee on behalf of the State when it collects the EIA from the purchaser 19 |
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| 432 | + | on an applicable sale. The EIA must be stated and charged separately on the invoices or other 20 |
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| 433 | + | documents of the retailer given to the purchaser at the time of the sale except for either of the 21 |
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| 434 | + | following: 22 |
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| 435 | + | (1) Vending machine sales. 23 |
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| 436 | + | (2) Where a retailer displays a statement indicating the sales price includes the 24 |
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| 437 | + | tax. 25 |
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| 438 | + | "§ 105-187.102. Administration. 26 |
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| 439 | + | Except as otherwise provided in this Article, the EIA imposed by this Article shall be 27 |
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| 440 | + | collected and administered in the same manner as the State sales and use taxes imposed by Article 28 |
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| 441 | + | 5 of this Chapter. The provisions of Article 9 of this Chapter that are not inconsistent with this 29 |
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| 442 | + | Article, including administration, auditing, making returns, promulgation of rules and regulations 30 |
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| 443 | + | by the Secretary, additional taxes, assessments and assessment procedure, imposition and 31 |
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| 444 | + | collection of taxes and the lien thereof, and penalties, are made a part of this Article and shall be 32 |
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| 445 | + | applicable thereto. 33 |
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| 446 | + | "§ 105-187.103. Exemptions and refunds. 34 |
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| 447 | + | (a) The EIA imposed by this Article does not apply to any of the following: 35 |
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| 448 | + | (1) Sales the State cannot constitutionally tax. 36 |
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| 449 | + | (2) Products of a farm sold in their original state by the producer of the products 37 |
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| 450 | + | if the producer is not primarily a retail merchant. 38 |
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| 451 | + | (3) Prepared food. 39 |
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| 452 | + | (4) Products containing ingredients from more than one protein group. 40 |
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| 453 | + | (5) Meat food products or poultry products with a nonmeat or nonpoultry 41 |
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| 454 | + | component other than seasoning, brine solution, or vinegar, or analogue 42 |
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| 455 | + | products to such meat food products or poultry products. 43 |
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| 456 | + | (b) Except as otherwise provided in this section, the exemptions and refunds allowed in 44 |
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| 457 | + | Article 5 of this Chapter do not apply to sales of items subject to assessment under this Article. 45 |
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| 458 | + | "§ 105-187.104. Use of EIA proceeds. 46 |
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| 459 | + | (a) Two percent (2%) of the net proceeds of the EIAs shall be retained by the Department 47 |
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| 460 | + | of Revenue for its administrative costs. 48 |
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| 461 | + | (b) Of the remaining funds, each quarter, the Secretary shall credit the net proceeds of 49 |
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| 462 | + | the EIAs collected under this Article to the trade associations proportionate to the amount of 50 |
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| 463 | + | funds collected from the sale of products in each protein group. 51 General Assembly Of North Carolina Session 2025 |
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| 464 | + | Page 10 DRH30057-TQxf-1 |
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| 465 | + | (c) Two percent (2%) of the funds credited to each trade association pursuant to this 1 |
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| 466 | + | section shall be used for the costs of administering the grant program authorized by this section. 2 |
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| 467 | + | The remainder of the funds credited to the trade associations may be used only to implement 3 |
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| 468 | + | environmental improvement projects on the farms of constituent members of the trade 4 |
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| 469 | + | associations. Each trade association shall develop (i) an application process by which constituent 5 |
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| 470 | + | members may apply for funds for environmental improvement projects and (ii) a process for 6 |
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| 471 | + | evaluating applications. In developing their processes, the trade associations shall consider the 7 |
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| 472 | + | size of the operations applying for funds and strive to award equal amounts of funding to small 8 |
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| 473 | + | and large operations. Any funds credited to the trade associations that are not awarded by a trade 9 |
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| 474 | + | association for 18 months shall be remitted to the Agricultural Development and Farmland 10 |
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| 475 | + | Preservation Trust Fund." 11 |
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| 476 | + | SECTION 3.(b) This section becomes effective October 1, 2025, and applies to 12 |
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| 477 | + | products sold on or after that date. 13 |
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| 478 | + | 14 |
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| 479 | + | SEVERABILITY CLAUSE AND EFFECTIVE DATE 15 |
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| 480 | + | SECTION 4.(a) If any section or provision of this act is declared unconstitutional or 16 |
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| 481 | + | invalid by the courts, it does not affect the validity of this act as a whole or any part other than 17 |
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| 482 | + | the part declared to be unconstitutional or invalid. 18 |
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| 483 | + | SECTION 4.(b) Except as otherwise provided, this act becomes effective October 19 |
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| 484 | + | 1, 2025. 20 |
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