North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S639 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 639
	3	+	S D
	4	+	SENATE BILL DRS45256-TQf-7
	5	+
5	6
6	7
7	8		Short Title: North Carolina Farm Act of 2025. (Public)
8	9		Sponsors: Senators Jackson, Sanderson, and Barnes (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S639 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45256 -TQf-7
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO MAKE VARIOUS CHANGES TO THE AGRICULTURAL LAWS OF THIS 2
14	15		STATE. 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		5
17	18		AGRICULTURAL WATER PLAN UPDATE 6
18	19		SECTION 1.(a) The Department of Agriculture and Consumer Services shall update 7
19	20		the Strategic Plan for Protecting Agricultural Water Resources in North Carolina established in 8
20	21		S.L. 2010-149 to include all of the following: 9
21	22		(1) Water infrastructure needs to increase access and long-term storage capacity. 10
22	23		(2) Water conservation and reuse practices. 11
23	24		(3) Cost-share assistance needed to incentivize (i) construction of water 12
24	25		infrastructure to increase access and long-term storage capacity and (ii) 13
25	26		implementation of water conservation and reuse practices. 14
26	27		(4) Methods to identify best management practices for temporary water storage 15
27	28		and retention to mitigate downstream flooding. 16
28	29		(5) Methods to identify best management practices to reduce the impact of 17
29	30		flooding on agricultural lands. 18
30	31		(6) Methods to design incentive programs to compensate landowners that 19
31	32		participate in flood mitigation programs. 20
32	33		SECTION 1.(b) The Department of Agriculture and Consumer Services shall report 21
33	34		to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic 22
34	35		Resources by October 1, 2026, on the development of the plan and any legislative changes needed 23
35	36		to implement the plan. 24
36	37		25
37	38		FERAL SWINE WORKING GROUP 26
38	39		SECTION 2.(a) There is authorized and housed administratively within the Wildlife 27
39	40		Resources Commission the Feral Swine Working Group. The Working Group shall consist of 28
40	41		nine members, as follows: 29
41	42		(1) The Executive Director of the North Carolina Wildlife Resources 30
42	43		Commission or the Executive Director's designee, who shall serve as cochair. 31
43	44		(2) The Commissioner of Agriculture or the Commissioner's designee, who shall 32
44	45		serve as cochair. 33
45	46		(3) The Forest Supervisor of the United States Forest Service or the Forest 34
46		-	Supervisor's designee. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 639-First Edition
	47	+	Supervisor's designee. 35
	48	+	FILED SENATE
	49	+	Mar 25, 2025
	50	+	S.B. 639
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS45256-TQf-7
48	53		(4) The State Director of the Wildlife Services Division of the Animal and Plant 1
49	54		Health Inspection Service of the United States Department of Agriculture or 2
50	55		the State Director's designee. 3
51	56		(5) A representative of the North Carolina Pork Council. 4
52	57		(6) A representative of the North Carolina Veterinary Medical Association. 5
53	58		(7) A representative of the North Carolina Cattlemen's Association. 6
54	59		(8) The President of the North Carolina Farm Bureau Federation, Inc., or the 7
55	60		President's designee. 8
56	61		(9) A representative of the North Carolina Wildlife Federation. 9
57	62		SECTION 2.(b) The Feral Swine Working Group shall develop a statewide plan to 10
58	63		control feral swine damage on private and public lands. The Feral Swine Working Group shall 11
59	64		act in an advisory capacity to the Wildlife Resources Commission. In developing the plan, the 12
60	65		Working Group shall do all of the following: 13
61	66		(1) Orient the plan primarily toward public health and safety and toward 14
62	67		landowner assistance, providing some relief to landowners through feral 15
63	68		swine control, management, and eradication. 16
64	69		(2) Develop a system for sharing data and information as well as documenting all 17
65	70		activities associated with feral swine damage control efforts, so as to facilitate 18
66	71		evaluation of efforts. 19
67	72		(3) Provide educational activities as a part of the program, such as printed 20
68	73		materials, on-site instructions, and local workshops. 21
69	74		(4) Provide for the hiring of personnel necessary to implement feral swine damage 22
70	75		control activities, administer the program, and set salaries of personnel. 23
71	76		SECTION 2.(c) No later than January 1 of each year, the Working Group shall issue 24
72	77		a report to the Wildlife Resources Commission, the Senate and House Appropriations 25
73	78		Subcommittees on Agriculture and Natural and Economic Resources, and the Fiscal Research 26
74	79		Division on the results of the program during the preceding year. 27
75	80		SECTION 2.(d) The Wildlife Resources Commission shall implement the plan and 28
76	81		may enter a cooperative agreement with the Wildlife Services Division of the Animal and Plant 29
77	82		Health Inspection Service, the United States Department of Agriculture, the North Carolina 30
78	83		Department of Agriculture and Consumer Services, and other relevant agencies or organizations 31
79	84		to accomplish the plan. 32
80	85		33
81	86		PROTECT LAND IN PERMANENT CONSERVATION EASEMENTS 34
82	87		SECTION 3. G.S. 160D-804 is amended by adding a new subsection to read: 35
83	88		"(k) Protected Farm Tracts. – The regulation shall provide that if any boundary of the 36
84	89		proposed subdivision abuts one or more protected farm tracts, the applicant shall reserve a 37
85	90		vegetative buffer of at least 100 feet between the shared boundary of the land to be developed 38
86	91		and the residential lot or lots that would otherwise abut the protected farm tract or tracts. The 39
87	92		applicant shall indicate on the subdivision plat that the vegetative buffer has been set aside. For 40
88	93		the purpose of this subsection, "protected farm tract" means a tract of land that is subject to an 41
89	94		agricultural conservation easement as that term is defined in G.S. 106-744(b)." 42
90	95		43
91	96		ALLOW DENIAL OF SPECIAL USE PERMITS FOR UNDUE IMPACT ON 44
92	97		AGRICULTURAL PRODUCTION 45
93	98		SECTION 4. G.S. 160D-705(c) reads as rewritten: 46
94	99		"(c) Special Use Permits. – The regulations may provide that the board of adjustment, 47
95	100		planning board, or governing board hear and decide special use permits in accordance with 48
96	101		principles, conditions, safeguards, and procedures specified in the regulations. Reasonable and 49
97	102		appropriate conditions and safeguards may be imposed upon these permits. Where appropriate, 50
98	103		such conditions may include requirements that street and utility rights-of-way be dedicated to the 51 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 639-First Edition~~ Page 3
	104	+	DRS45256-TQf-7 Page 3
100	105		public and that provision be made for recreational space and facilities. A board of adjustment, 1
101	106		planning board, or governing board may deny a special use permit on the ground that the 2
102	107		proposed land use will have an undue negative impact on agricultural production within the local 3
103	108		government's jurisdiction. Conditions and safeguards imposed under this subsection shall not 4
104	109		include requirements for which the local government does not have authority under statute to 5
105	110		regulate nor requirements for which the courts have held to be unenforceable if imposed directly 6
106	111		by the local government, including, without limitation, taxes, impact fees, building design 7
107	112		elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of 8
108	113		those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the 9
109	114		development or use of land. 10
110	115		…." 11
111	116		12
112	117		REPEAL VIOLATION POINTS SYSTEM APPLICABLE TO SWINE FARMS 13
113	118		SECTION 5. G.S. 143-215.6E is repealed. 14
114	119		15
115	120		SWINE FARM SITING ACT TECHNICAL CORRECTION 16
116	121		SECTION 6.(a) G.S. 106-803(a2) reads as rewritten: 17
117	122		"(a2) No component of a liquid animal waste management system for which a permit is 18
118	123		required under Part 1 or 1A Part 1A of Article 21 of Chapter 143 of the General Statutes, other 19
119	124		than a land application site, shall be constructed on land that is located within the 100-year 20
120	125		floodplain." 21
121	126		SECTION 6.(b) G.S. 106-805 reads as rewritten: 22
122	127		"§ 106-805. Written notice of swine farms. 23
123	128		Any person who intends to construct a swine farm whose animal waste management system 24
124	129		is subject to a permit under Part 1 or 1A Part 1A of Article 21 of Chapter 143 of the General 25
125	130		Statutes shall, after completing a site evaluation and before the farm site is modified, notify all 26
126	131		adjoining property owners; all property owners who own property located across a public road, 27
127	132		street, or highway from the swine farm; the county or counties in which the farm site is located; 28
128	133		and the local health department or departments having jurisdiction over the farm site of that 29
129	134		person's intent to construct the swine farm. This notice shall be by certified mail sent to the 30
130	135		address on record at the property tax office in the county in which the land is located. Notice to 31
131	136		a county shall be sent to the county manager or, if there is no county manager, to the chair of the 32
132	137		board of county commissioners. Notice to a local health department shall be sent to the local 33
133	138		health director. The written notice shall include all of the following: 34
134	139		(1) The name and address of the person intending to construct a swine farm. 35
135	140		(2) The type of swine farm and the design capacity of the animal waste 36
136	141		management system. 37
137	142		(3) The name and address of the technical specialist preparing the waste 38
138	143		management plan. 39
139	144		(4) The address of the local Soil and Water Conservation District office. 40
140	145		(5) Information informing the adjoining property owners and the property owners 41
141	146		who own property located across a public road, street, or highway from the 42
142	147		swine farm that they may submit written comments to the Division of Water 43
143	148		Resources, Department of Environmental Quality." 44
144	149		45
145	150		AMEND ELIGIBILITY CRITERIA FOR ANIMAL WASTE FERTILIZER 46
146	151		CONVERSION COST -SHARE PROGRAM 47
147	152		SECTION 7. Section 10.4(e) of S.L. 2023-134 reads as rewritten: 48
148	153		"SECTION 10.4.(e) Definitions. – The following definitions apply in this section: 49
149	154		(1) Eligible entity. – Any person who owns or operates an anaerobic lagoon or 50
150	155		other liquid animal waste management system treating animal waste from a 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~Senate Bill 639-First Edition~~
	156	+	Page 4 DRS45256-TQf-7
152	157		livestock operation that generates sludge suitable for conversion into fertilizer 1
153	158		products.products, or any person converting sludge from an anaerobic lagoon 2
154	159		or other liquid animal waste management system treating animal waste from 3
155	160		a livestock operation into fertilizer products. 4
156	161		(2) Eligible project. – Costs associated with the site engineering, permitting, 5
157	162		acquisition, or installation of sludge collection and processing equipment 6
158	163		needed for production of fertilizers and other soil additives meeting applicable 7
159	164		State and federal requirements for use in agricultural operations. 8
160	165		(3) Foundation. – The NC Foundation for Soil and Water Conservation, Inc., a 9
161	166		nonprofit corporation. 10
162	167		(4) Livestock. – Cattle, sheep, swine, goats, farmed cervids, or bison. 11
163	168		(5) Person. – Any individual, trust, estate, partnership, receiver, association, 12
164	169		company, limited liability company, corporation, or other entity or group. 13
165	170		(6) Program. – The Animal Waste Fertilizer Conversion Cost-Share Program 14
166	171		created by this section." 15
167	172		16
168	173		CLARIFY SPECIES SUSCEPTIBLE TO CHRONIC WASTING DISEASE 17
169	174		SECTION 8. G.S. 106-549.97 reads as rewritten: 18
170	175		"§ 106-549.97. Regulation by Department of Agriculture and Consumer Services of farmed 19
171	176		cervids produced and sold for commercial purposes; definitions. 20
172	177		(a) Repealed by Session Laws 2015-263, s. 14(a), effective September 30, 2015. 21
173	178		(a1) The following definitions apply in this Article: 22
174	179		(1) Commission. – The North Carolina Wildlife Resources Commission. 23
175	180		(2) Department. – The North Carolina Department of Agriculture and Consumer 24
176	181		Services. 25
177	182		(3) Farmed Cervid. – Any cervid, as defined by the USDA Standards, that is 26
178	183		susceptible to Chronic Wasting Disease, or any other member of the Cervidae 27
179	184		family that is not susceptible to Chronic Wasting Disease, that is held in 28
180	185		captivity and produced, bought, or sold for commercial purposes. Cervids that 29
181	186		are susceptible to Chronic Wasting Disease are those set forth in 9 C.F.R. § 30
182	187		55.1. With regard to cervids that are susceptible to Chronic Wasting Disease, 31
183	188		the term "farmed cervid" shall only include any cervid that was bred in 32
184	189		captivity and has been continuously maintained within a herd that is enrolled 33
185	190		in and complies with a USDA-approved Herd Certification Program. Any 34
186	191		animal registered or tagged in any licensed captive cervid facility existing 35
187	192		within the State as of July 1, 2015, is deemed to be a farmed cervid. 36
188	193		(4) Non-Farmed Cervid. – All animals in the family Cervidae other than farmed 37
189	194		cervids. 38
190	195		(5) USDA. – The United States Department of Agriculture. 39
191	196		(6) USDA Standards. – The United States Department of Agriculture's Chronic 40
192	197		Wasting Disease Program Standards, May 2014 edition, and subsequent 41
193	198		updates. 42
194	199		(a2) The Department of Agriculture and Consumer Services shall regulate the production, 43
195	200		sale, possession, and transportation, including importation and exportation, of farmed cervids. 44
196	201		The Department shall have sole authority with regard to farmed cervids, including administration 45
197	202		of the North Carolina Captive Cervid Herd Certification Program. The Department shall allow 46
198	203		the sale of farmed cervids, whether alive or dead, whole or in part, including, but not limited to, 47
199	204		the sale of antlers, antler velvet, hides, or meat from captive populations of farmed cervids. The 48
200	205		Department shall follow the USDA Standards and the provisions set forth in 9 C.F.R. Part 55 and 49
201	206		9 C.F.R. Part 81 in the implementation of this Article with regard to cervids susceptible to 50
202	207		Chronic Wasting Disease. The Department may adopt rules to implement this Article, including, 51 General Assembly Of North Carolina Session 2025
203		-	~~Senate Bill 639-First Edition~~ Page 5
	208	+	DRS45256-TQf-7 Page 5
204	209		but not limited to, requirements for captivity licenses, captivity permits, transportation permits, 1
205	210		importation permits, and exportation permits. The Department may issue new captivity licenses 2
206	211		or permits for farmed cervid facilities that will hold cervids susceptible to Chronic Wasting 3
207	212		Disease only if Chronic Wasting Disease-susceptible source animals are from a certified herd in 4
208	213		accordance with USDA Standards from an existing licensed facility. Nothing in this section shall 5
209	214		limit the Department's ability to issue new captivity licenses and permits for farmed cervid 6
210	215		facilities that will hold cervids that are not susceptible to Chronic Wasting Disease. Any cervid 7
211	216		that is not susceptible to Chronic Wasting Disease as set forth in 9 C.F.R. § 55.1 may be imported 8
212	217		into the State to any licensed captive cervid facility. The Department shall not issue an 9
213	218		importation permit for any farmed cervid from a Chronic Wasting Disease-positive, exposed, or 10
214	219		suspect farmed cervid facility. Until such time as the USDA has adopted an approved method of 11
215	220		testing for Chronic Wasting Disease in living cervids, cervids susceptible to Chronic Wasting 12
216	221		Disease shall not be imported into North Carolina. 13
217	222		…." 14
218	223		15
219	224		MODIFY REQUIREMENTS FOR COMPOSTING OF EQUINE AND BOVINE 16
220	225		MORTALITY 17
221	226		SECTION 9.(a) Definitions. – For purposes of this section, "Disposal Systems Rule" 18
222	227		means 15A NCAC 02T .0113 (Permitting By Regulation). 19
223	228		SECTION 9.(b) Disposal System Rule. – Until the effective date of the revised 20
224	229		permanent rules that the Environmental Management Commission is required to adopt pursuant 21
225	230		to subsection (d) of this section, the Commission shall implement the Disposal System Rule as 22
226	231		provided in subsection (c) of this section. 23
227	232		SECTION 9.(c) Implementation. – Notwithstanding any provision of Subchapter 24
228	233		02T of Title 15A of the North Carolina Administrative Code, the Environmental Management 25
229	234		Commission shall deem a disposal system to be permitted pursuant to G.S. 143-215.1(b) and not 26
230	235		require individual permits or coverage under a general permit provided the system if the disposal 27
231	236		system meets all of the following criteria: 28
232	237		(1) The disposal system is a composting facility for equine or bovine mortality. 29
233	238		(2) The disposal system does not result in any violations of surface water or 30
234	239		groundwater standards. 31
235	240		(3) The disposal system does not directly discharge to surface waters. 32
236	241		(4) The construction and operation of the facilities are approved by the North 33
237	242		Carolina Department of Agriculture and Consumer Services. 34
238	243		(5) The facilities are approved by the State Veterinarian pursuant to G.S. 106-403. 35
239	244		(6) In the event of an imminent threat of a contagious animal disease, any 36
240	245		emergency measure or procedure related to composting of animal mortality 37
241	246		pursuant to G.S. 106-399.4(a) is authorized. 38
242	247		SECTION 9.(d) Additional Rulemaking Authority. – The Commission shall adopt 39
243	248		rules to amend the Disposal System Rule consistent with subsection (c) of this section. 40
244	249		Notwithstanding G.S. 150B-19(4), the rules adopted by the Commission pursuant to this section 41
245	250		shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted 42
246	251		pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General 43
247	252		Statutes. Rules adopted pursuant to this section shall become effective as provided in 44
248	253		G.S. 150B-21.3(b1), as though 10 or more written objections had been received as provided in 45
249	254		G.S. 150B-21.3(b2). 46
250	255		SECTION 9.(e) Sunset. – This section expires when permanent rules adopted as 47
251	256		required by subsection (d) of this section become effective. 48
252	257		49
253	258		ALLOW EXCUSED SCHOOL ABSENCES FOR EQUESTRIAN COMPETITIONS AND 50
254	259		OTHER AGRICULTURAL EVENTS 51 General Assembly Of North Carolina Session 2025
255		-	Page 6 ~~Senate Bill 639-First Edition~~
	260	+	Page 6 DRS45256-TQf-7
256	261		SECTION 10. G.S. 115C-379 reads as rewritten: 1
257	262		"§ 115C-379. Method of enforcement. 2
258	263		(a) It shall be the duty of the State Board of Education to formulate the rules that may be 3
259	264		necessary for the proper enforcement of the provisions of this Part. The Board shall prescribe (i) 4
260	265		what shall constitute unlawful absence, (ii) what causes may constitute legitimate excuses for 5
261	266		temporary nonattendance due to a student's physical or mental inability to attend or a student's 6
262	267		participation in a valid educational opportunity such as service as a legislative page or a 7
263	268		Governor's page, and (iii) under what circumstances teachers, principals, or superintendents may 8
264	269		excuse pupils for nonattendance due to immediate demands of the farm or the home in certain 9
265	270		seasons of the year in the several sections of the State. 10
266	271		(b) In addition to any excused absences authorized pursuant to subsection (a) of this 11
267	272		section, the rules shall require school principals to authorize the following excused absences: 12
268	273		(1) Religious observance. – A minimum of two excused absences each academic 13
269	274		year for religious observances required by the faith of a student or the student's 14
270	275		parent or legal guardian. 15
271	276		(2) Military leave. – A minimum of two excused absences each academic year, if 16
272	277		all of the following conditions are met: 17
273	278		a. The student's parent or legal guardian is an active duty member of the 18
274	279		uniformed services, as defined by Article 29B of this Chapter, the 19
275	280		Interstate Compact on Educational Opportunity for Military Children. 20
276	281		b. The student's parent or legal guardian has been called to duty for, is on 21
277	282		leave from, or has immediately returned from deployment to a combat 22
278	283		zone or combat support posting. 23
279	284		c. The student is not identified by the local school administrative unit as 24
280	285		at risk of academic failure because of unexcused absences. 25
281	286		(3) Equestrian and agricultural events. – A minimum of two excused absences 26
282	287		each academic year for participation in equestrian sporting events, livestock 27
283	288		shows, or similar agricultural events. 28
284	289		The rules may require that the student's parent or legal guardian give the principal written 29
285	290		notice of the request for an excused absence a reasonable time prior to the religious observance 30
286	291		or military leave. observance, military leave, or equestrian and agricultural event. The student 31
287	292		shall be given the opportunity to make up any tests or other work missed due to an excused 32
288	293		absence for a religious observance or military leave. 33
289	294		(c) It shall be the duty of all school officials to carry out such instructions from the State 34
290	295		Board of Education, and any school official failing to carry out such instructions shall be guilty 35
291	296		of a Class 3 misdemeanor: Provided, that the compulsory attendance law herein prescribed shall 36
292	297		not be in force in any local school administrative unit that has a higher compulsory attendance 37
293	298		feature than that provided herein." 38
294	299		39
295	300		ADD NEW HANOVER AND PENDER TO HIGH HAZARD COUNTIES FOR OPEN 40
296	301		BURNING 41
297	302		SECTION 11. G.S. 106-942 reads as rewritten: 42
298	303		"§ 106-942. High hazard counties; permits required; standards. 43
299	304		(a) The provisions of this section apply only to the counties of Beaufort, Bladen, 44
300	305		Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Duplin, Gates, Hyde, Jones, 45
301	306		New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington 46
302	307		which are classified as high hazard counties in accordance with G.S. 106-940. 47
303	308		(b) It is unlawful for any person to willfully start or cause to be started any fire in any 48
304	309		woodland under the protection of the Department or within 500 feet of any such woodland 49
305	310		without first having obtained a permit from the Department. Permits for starting fires may be 50
306	311		obtained from forest rangers or other agents authorized by the forest ranger to issue such permits 51 General Assembly Of North Carolina Session 2025
307		-	~~Senate Bill 639-First Edition~~ Page 7
	312	+	DRS45256-TQf-7 Page 7
308	313		in the county in which the fire is to be started. Such permits shall be issued by the ranger or other 1
309	314		agent unless permits for the area in question have been prohibited or cancelled in accordance 2
310	315		with G.S. 106-944 or G.S. 106-946. 3
311	316		…." 4
312	317		5
313	318		ALLOW PESTICIDE BOARD TO ADJUST ANNUAL ASSESSMENT FOR 6
314	319		REGISTERED PESTICIDES 7
315	320		SECTION 12. G.S. 143-442 reads as rewritten: 8
316	321		"§ 143-442. Registration. 9
317	322		(a) Every pesticide prior to being distributed, sold, or offered for sale within this State or 10
318	323		delivered for transportation or transported in intrastate commerce or between points within this 11
319	324		State through any point outside this State shall be registered in the office of the Board, and such 12
320	325		registration shall be renewed annually before January 1 for the ensuing calendar year. Beginning 13
321	326		in 1988, the Board may by rule adopt a system of staggered three-year registrations. The applicant 14
322	327		for registration shall file with the Board a statement that includes all of the following: 15
323	328		(1) The name and address of the applicant and the name and address of the person 16
324	329		whose name will appear on the label, if other than the applicant. 17
325	330		(2) The name of the pesticide. 18
326	331		(3) A complete copy of the labeling accompanying the pesticide and a statement 19
327	332		of all claims to be made for it including directions for use. 20
328	333		(4) If requested by the Board, a full description of the tests made and the results 21
329	334		thereof upon which the claims are based. 22
330	335		(5) In the case of renewal of registration, a statement with respect to information 23
331	336		which is different from that furnished when the pesticide was last registered. 24
332	337		(6) Repealed by Session Laws 2011-239, s. 1, effective June 23, 2011, and 25
333	338		applicable to applications for registration or renewals of registration filed on 26
334	339		or after that date. 27
335	340		(7) Any other information needed by the Board to determine the amount of annual 28
336	341		assessment payable by the applicant. 29
337	342		(b) The applicant shall pay an annual registration fee of one hundred fifty dollars 30
338	343		($150.00) plus an additional annual assessment for each brand or grade of pesticide registered. 31
339	344		The annual assessment shall be fifty dollars ($50.00) if the applicant's gross sales of the pesticide 32
340	345		in this State for the preceding 12 months for the period ending September 30th were more than 33
341	346		five thousand dollars ($5,000.00) and twenty-five dollars ($25.00) if gross sales were less than 34
342	347		five thousand dollars ($5,000.00). set by the Board. An additional two hundred dollars ($200.00) 35
343	348		delinquent registration penalty shall be assessed against the registrant for each brand or grade of 36
344	349		pesticide which is marketed in North Carolina prior to registration as required by this Article. In 37
345	350		the case of multi-year registration, the annual fee and additional assessment for each year shall 38
346	351		be paid at the time of the initial registration. The Board shall give a pro rata refund of the 39
347	352		registration fee and additional assessment to the registrant in the event that registration is 40
348	353		canceled by the Board or by the United States Environmental Protection Agency. 41
349	354		…." 42
350	355		43
351	356		LIQUID PETROLEUM GAS ENFORCEMENT AUTHORITY 44
352	357		SECTION 13. G.S. 119-57 reads as rewritten: 45
353	358		"§ 119-57. Administration of Article; rules and regulations given force and effect of 46
354	359		law.law; powers. 47
355	360		(a) It shall be the duty of the Commissioner Commissioner, or agents of the 48
356	361		Commissioner, to administer all the provisions of this Article and all the rules and regulations 49
357	362		made and promulgated under this Article; to conduct inspections of liquefied petroleum gas 50
358	363		containers and installations; to investigate for violations of this Article and the rules and 51 General Assembly Of North Carolina Session 2025
359		-	Page 8 ~~Senate Bill 639-First Edition~~
	364	+	Page 8 DRS45256-TQf-7
360	365		regulations adopted pursuant to the provisions thereof, and to prosecute violations of this Article 1
361	366		or of such rules and regulations adopted pursuant to the provisions thereof. 2
362	367		(b) When necessary for the enforcement of this Chapter or rules adopted pursuant to this 3
363	368		Chapter, the Commissioner or the Commissioner's authorized agents shall have the authority to 4
364	369		do all of the following: 5
365	370		(1) Access the premises and records of any place where liquefied petroleum 6
366	371		products are stored for the purpose of conducting an inspection or examining 7
367	372		any documentation related to the transport, sale, safety, and storage of 8
368	373		liquefied petroleum gases. 9
369	374		(2) Issue stop-sale, hold, and removal orders for any equipment used to dispense, 10
370	375		store, or transport liquefied petroleum gases that is found in violation of the 11
371	376		provisions of this Chapter or rules adopted pursuant to this Chapter. 12
372	377		(3) Recall a vehicle used for the delivery of liquefied petroleum gas back to its 13
373	378		original point of dispatch for inspection upon receipt of a consumer 14
374	379		complaint." 15
375	380		16
376	381		PUBLIC WEIGHMASTER MODERNIZATION 17
377	382		SECTION 14.(a) G.S. 81A-52 reads as rewritten: 18
378	383		"§ 81A-52. License. 19
379	384		All public weighmasters shall be licensed. Any person not less than 18 years of age who 20
380	385		wishes to be a public weighmaster shall apply to the Department on a form provided by the 21
381	386		Department. A person operating as a public weighmaster outside of this State shall include with 22
382	387		the person's application for licensure in this State a copy of the most recent weighing device 23
383	388		inspection report performed by the person's local or state weights and measures officials within 24
384	389		the 12-month period immediately preceding the date of application. The Board may adopt rules 25
385	390		for determining the qualifications of the applicant for a license. Public weighmasters shall be 26
386	391		licensed for a period of one year beginning the first day of July and ending on the thirtieth day 27
387	392		of June, day the application is processed, and a fee of nineteen dollars ($19.00) twenty-five 28
388	393		dollars ($25.00) shall be paid for each person licensed at the time of the filing of the application." 29
389	394		SECTION 14.(b) G.S. 81A-54 reads as rewritten: 30
390	395		"§ 81A-54. Official seal of the public weighmaster. 31
391	396		(a) It shall be the duty of every public weighmaster to obtain from the Department an 32
392	397		official seal for the sum of six dollars ($6.00), inscribed with the following words: that contains 33
393	398		the following information: 34
394	399		(1) "North Carolina Public Weighmaster" and any other design or legend the 35
395	400		Commissioner considers necessary. Weighmaster." 36
396	401		(2) The weighmaster's name. 37
397	402		(3) The assigned weighmaster license number. 38
398	403		(4) The expiration date of the weighmaster license. 39
399	404		(b) The seal shall be stamped or impressed on every certificate issued pursuant to this 40
400	405		Article. When an electronic stamp is used, the weighmaster's signature shall be captured using 41
401	406		either of the following: 42
402	407		(1) Software that requires the user to sign in prior to adding the electronic 43
403	408		signature to the certificate. 44
404	409		(2) An electronic signature pad that captures the signature live and then transfers 45
405	410		it to the certificate. 46
406	411		(c) The weighers of tobacco in leaf tobacco warehouses may use, instead of the seal, their 47
407	412		signatures in ink or other indelible substance posted in a conspicuous and accessible place in the 48
408	413		warehouse. All seals remain the property of the State and shall be returned to the Commissioner 49
409	414		upon termination of duties as a public weighmaster." 50
410	415		51 General Assembly Of North Carolina Session 2025
411		-	~~Senate Bill 639-First Edition~~ Page 9
	416	+	DRS45256-TQf-7 Page 9
412	417		DIRECT AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION TO 1
413	418		STUDY LOW-HANGING COMMUNICATION LINES 2
414	419		SECTION 15. The Agriculture and Forestry Awareness Study Commission shall 3
415	420		collect information on communication lines that fall below the minimum height requirement and 4
416	421		create a public safety hazard, particularly to agricultural operations. In conducting the study, the 5
417	422		Commission shall seek input from the Office of Broadband Infrastructure of the Department of 6
418	423		Information Technology, telecommunications companies, agricultural trade associations, 7
419	424		commodity organizations, electric cooperatives, electric utility companies, third-party 8
420	425		contractors, and any other stakeholders the Commission deems necessary. The Commission shall 9
421	426		report its findings, including any recommendations or proposed legislation, prior to the 10
422	427		convening of the 2026 Regular Session of the General Assembly. 11
423	428		12
424	429		REDUCE PENALTY FOR CERTAIN SHELLFISH AQUACULTURE VIOLATIONS 13
425	430		SECTION 16.(a) G.S. 113-187 reads as rewritten: 14
426	431		"§ 113-187. Penalties for violations of Subchapter and rules. 15
427	432		(a) Any person who participates in a commercial fishing operation conducted in violation 16
428	433		of any provision of this Subchapter and its implementing rules or in an operation in connection 17
429	434		with which any vessel is used in violation of any provision of this Subchapter and its 18
430	435		implementing rules is guilty of a Class A1 misdemeanor. 19
431	436		(b) Any owner of a vessel who knowingly permits it to be used in violation of any 20
432	437		provision of this Subchapter and its implementing rules is guilty of a Class A1 misdemeanor. 21
433	438		(c) Any person in charge of a commercial fishing operation conducted in violation of any 22
434	439		provision of this Subchapter and its implementing rules or in charge of any vessel used in 23
435	440		violation of any provision of this Subchapter and its implementing rules is guilty of a Class A1 24
436	441		misdemeanor. 25
437	442		(d) Any person in charge of a commercial fishing operation conducted in violation of the 26
438	443		following provisions of this Subchapter or the following rules of the Marine Fisheries 27
439	444		Commission; and any person in charge of any vessel used in violation of the following provisions 28
440	445		of the Subchapter or the following rules, shall be guilty of a Class A1 misdemeanor. The 29
441	446		violations of the statute or the rules for which the penalty is mandatory are: 30
442	447		(1) Taking or attempting to take, possess, sell, or offer for sale any oysters, 31
443	448		mussels, or clams taken from areas closed by statute, rule, or proclamation 32
444	449		because of suspected pollution. 33
445	450		(2) Taking or attempting to take or have in possession aboard a vessel, shrimp 34
446	451		taken by the use of a trawl net, in areas not opened to shrimping, pulled by a 35
447	452		vessel not showing lights required by G.S. 75A-6 after sunset and before 36
448	453		sunrise. 37
449	454		(3) Using a trawl net in any coastal fishing waters closed by proclamation or rule 38
450	455		to trawl nets. 39
451	456		(4) Violating the provisions of a special permit or gear license issued by the 40
452	457		Department. 41
453	458		(5) Using or attempting to use any trawl net, long haul seine, swipe net, 42
454	459		mechanical methods for oyster or clam harvest or dredge in designated 43
455	460		primary nursery areas. 44
456	461		(e) Any person who takes menhaden or Atlantic thread herring by the use of a purse seine 45
457	462		net deployed by a mother ship and one or more runner boats in coastal fishing waters is guilty of 46
458	463		a Class A1 misdemeanor. 47
459	464		(f) Notwithstanding subsection (a) or subdivision (d)(4) of this section, a violation of the 48
460	465		provisions of a shellfish lease or aquaculture operation permit that are not related to shellfish 49
461	466		sanitation shall be punishable only as an infraction as provided in G.S. 14-3.1, unless the 50
462	467		violation is knowing or willful." 51 General Assembly Of North Carolina Session 2025
463		-	Page 10 ~~Senate Bill 639-First Edition~~
	468	+	Page 10 DRS45256-TQf-7
464	469		SECTION 16.(b) This section becomes effective July 1, 2025, and applies to 1
465	470		offenses committed on or after that date. 2
466	471		3
467	472		DACS LAW ENFORCEMENT OFFICER JURISDICTION 4
468	473		SECTION 17. G.S. 106-900 reads as rewritten: 5
469	474		"§ 106-900. Powers of Department of Agriculture and Consumer Services law-enforcement 6
470	475		officers. 7
471	476		(a) Authorization to Appoint. – The Commissioner is authorized to appoint as many 8
472	477		Department of Agriculture and Consumer Services law enforcement officers as he or she deems 9
473	478		necessary to investigate and enforce any violation of the laws within the authority of the 10
474	479		Department or which occur on Department property. necessary. Such officers shall meet the 11
475	480		requirements of Article 1 of Chapter 17C of the General Statutes and shall take the oath of office 12
476	481		prescribed by Section 7 of Article VI of the North Carolina Constitution. Of these officers, the 13
477	482		Commissioner may designate certain officers to also have the powers and the duties of a forest 14
478	483		ranger enumerated in G.S. 106-898 and G.S. 106-899 and the power to enforce the forest laws. 15
479	484		A Department law enforcement officer may arrest, without warrant, any person or persons 16
480	485		committing any crime in the officer's presence or who such officer has probable cause for 17
481	486		believing has committed a crime in the officer's presence and bring such person or persons 18
482	487		forthwith before a district court or other officer having jurisdiction. Department law enforcement 19
483	488		officers shall also have authority to obtain and serve warrants including warrants for violation of 20
484	489		any duly promulgated rule of the Department. 21
485	490		(b) Territorial Jurisdiction. – A Department law enforcement officer is a State officer 22
486	491		with jurisdiction throughout the State, and beyond its boundaries to the extent provided by law, 23
487	492		in enforcing all matters within his or her respective subject matter jurisdiction as set forth in this 24
488	493		section. 25
489	494		(c) Subject Matter Jurisdiction. – After taking the oath described in subsection (a) of this 26
490	495		section, a Department law enforcement officer shall have the authority to arrest and take other 27
491	496		investigatory and enforcement actions for any criminal offense meeting any of the following 28
492	497		criteria: 29
493	498		(1) Occurring, encountered, or otherwise discovered on the premises of, or 30
494	499		elsewhere when the conduct relates to, property owned by, leased to, or 31
495	500		managed by the Department. 32
496	501		(2) Provided for under this Chapter, including the forest laws as set forth in 33
497	502		G.S. 106-897. 34
498	503		(3) Provided for in any duly adopted rule of the Department. 35
499	504		(4) Encountered or otherwise discovered while investigating or enforcing matters 36
500	505		for the Department or encountered or otherwise discovered while 37
501	506		investigating or enforcing the provisions of this Chapter, including the forest 38
502	507		laws as set forth in G.S. 106-897 and any duly adopted rule of the Department. 39
503	508		(5) Encountered or otherwise discovered while carrying out any duty or function 40
504	509		assigned to the Department by law. 41
505	510		(6) Occurring in a Department law enforcement officer's presence. 42
506	511		(7) Occurring outside of a Department law enforcement officer's presence as 43
507	512		provided in G.S. 15A-401(b), and for other offenses evincing a flouting of 44
508	513		their authority as enforcement officers or constituting a threat to public peace 45
509	514		and order which would tend to subvert the authority of the State if ignored. In 46
510	515		particular, Department law enforcement officers are authorized to arrest for 47
511	516		violations of G.S. 14-223, 14-225, 14-269, and 14-277. 48
512	517		(8) When assisting another law enforcement agency. 49
513	518		(d) Authority. – Department law enforcement officers have authority as peace officers to 50
514	519		do all of the following: 51 General Assembly Of North Carolina Session 2025
515		-	~~Senate Bill 639-First Edition~~ Page 11
	520	+	DRS45256-TQf-7 Page 11
516	521		(1) Execute criminal process. 1
517	522		(2) Obtain and serve warrants, including arrest warrants, search warrants, orders 2
518	523		for arrest, criminal summonses, citations, subpoenas, and warrants for 3
519	524		violation of any duly adopted rule of the Department, and all other process 4
520	525		connected with any cases within their subject matter jurisdiction. 5
521	526		(3) Respond to and take enforcement action for any crime of violence or breach 6
522	527		of the peace. 7
523	528		(4) Any additional duties as may from time to time be directed by the 8
524	529		Commissioner when needed for security purposes at a public event or to 9
525	530		protect persons or property because of a disaster or state of emergency. 10
526	531		(e) Primary Responsibilities. – The primary law enforcement responsibility of a 11
527	532		Department law enforcement officer is the enforcement of this Chapter, including the forest laws 12
528	533		as set forth in G.S. 106-897 and any duly adopted rule of the Department. 13
529	534		(f) Service of Orders. – Department law enforcement officers have the authority to serve 14
530	535		and execute notices, orders, or demands issued by the Commissioner, the Department, or the 15
531	536		Board of Agriculture relating to any administrative proceeding. While serving and executing such 16
532	537		notices, orders, or demands, Department law enforcement officers shall have all of the power and 17
533	538		authority possessed by law enforcement officers when executing an arrest warrant. 18
534	539		(g) Temporary Stops. – Department law enforcement officers are authorized to stop 19
535	540		temporarily any persons they reasonably believe to be engaging in any activity regulated by the 20
536	541		Department to determine whether the activity is being conducted in compliance with the law, 21
537	542		including license and permitting requirements. Department law enforcement officers are also 22
538	543		authorized to see that the provisions of Chapter 20 of the General Statutes are enforced within 23
539	544		their jurisdiction and shall have the power to arrest on sight or upon warrant any motor vehicle 24
540	545		upon the highways of the State for the purpose of determining whether the motor vehicle is being 25
541	546		operated in violation of any of the provisions of Chapter 20 of the General Statutes. If the person 26
542	547		stopped is in a motor vehicle being driven at the time and the Department law enforcement officer 27
543	548		is also in a motor vehicle, the Department law enforcement officer shall sound a siren or activate 28
544	549		a special light, bell, horn, or exhaust whistle approved for law enforcement vehicles under 29
545	550		G.S. 20-125(b)." 30
546	551		31
547	552		INCREASE PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE FOR 32
548	553		LARCENY OF CROPS 33
549	554		SECTION 18.(a) G.S. 14-78 reads as rewritten: 34
550	555		"§ 14-78. Larceny of ungathered crops. 35
551	556		(a) If It is unlawful for any person shall to steal or feloniously take and carry away any 36
552	557		maize, corn, wheat, rice or other grain, or any cotton, tobacco, potatoes, peanuts, pulse, fruit, 37
553	558		vegetable or other product cultivated for food or market, growing, standing or remaining 38
554	559		ungathered in any field or ground, that person is guilty of a Class H felony.ground. 39
555	560		(b) A violation of this section is punishable as follows: 40
556	561		(1) For a first offense under this section, the person is guilty of a Class H felony, 41
557	562		punishable by a fine of not less than two hundred fifty dollars ($250.00) in 42
558	563		addition to any other punishment prescribed for the offense. 43
559	564		(2) For a second or subsequent offense under this section, the person is guilty of 44
560	565		a Class G felony, punishable by a fine of not less than five hundred dollars 45
561	566		($500.00) in addition to any other punishment prescribed for the offense." 46
562	567		SECTION 18.(b) This section becomes effective December 1, 2025, and applies to 47
563	568		offenses committed on or after that date. 48
564	569		49
565	570		SEVERABILITY CLAUSE AND EFFECTIVE DATE 50 General Assembly Of North Carolina Session 2025
566		-	Page 12 ~~Senate Bill 639-First Edition~~
	571	+	Page 12 DRS45256-TQf-7
567	572		SECTION 19.(a) If any provision of this act or the application thereof to any person 1
568	573		or circumstances is held invalid, such invalidity shall not affect other provisions or applications 2
569	574		of this act that can be given effect without the invalid provision or application and, to this end, 3
570	575		the provisions of this act are declared to be severable. 4
571	576		SECTION 19.(b) Except as otherwise provided, this act is effective when it becomes 5
572	577		law. 6