Bill Summaries: S639 NORTH CAROLINA FARM ACT OF 2025.

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  • Summary date: Apr 30 2025 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. Makes conforming organizational changes to account for new sections. 

    Section 2

    Increases membership of the Feral Swine Working Group (WG) from nine to ten members, adding a representative of the North Carolina Forestry Association.

    Section 3

    Removes amendments to GS 160D-804 that would have required the subdivision regulation to provide that if any subdivision boundary abuts one or more protected farm tracts (a tract of land subject to an agricultural conservation easement), then the applicant must reserve a vegetative buffer of at least 100 feet between the shared boundary and the residential lots that would otherwise abut the protected farm tracts.

    Replaces deleted content with requirement that the NC Real Estate Commission’s standard required disclosure statement under GS 47E-4 include disclosure of the existence of a voluntary agricultural district (defined) within one-half mile of any boundary of the real property.

    Section 4

    Modifies the grounds for a denial of a special use permit under GS 160D-705(c) based on its negative impact on agricultural production (was, undue negative impact), so that it is only available for a property owned by a business entity for less than three years. Specifies that the denial authority does not apply where the primary purpose of the proposed land use is the construction of buildings or structures subject to the NC Residential Code.

    Section 9

    Amends the following requirements under the Disposal Systems Rule (15A NCAC 02T .0113) for the Environmental Management Commission (EMC) to deem a disposal system to be permitted and not require individual permits or coverage under a general permit: (1) the disposal system is used for equine or bovine composting (was, a composting facility for equine or bovine mortality; (2) the construction and operation of the facilities, if they are included in the disposal system, are approved by DACS (previously no reference to disposal system); and (3) the disposal system (was, facilities) is approved by the State Veterinarian. Makes technical changes.

    Section 12

    Caps the annual pesticide assessment fee set by the Pesticide Board at $125.

    Section 16

    Removes prior revisions to GS 113-187 pertaining to violations of a shellfish lease or aquaculture operation and replaces it with the following. Now sets forth the following punishments for persons who operate a shellfish aquaculture operation who commit the following violations:

    • For an improperly marked shellfish area, a warning ticket for the first offense, for a second offense within one month of the first issuance of a warning ticket punishable as an infraction, and for third offenses issued within one month of the warning ticket, a Class 3 misdemeanor.
    • For operating under an expired aquaculture operation permit, if the violation occurs within one month of the expiration of the permit, a warning ticket.
    • For operating under an expired shellfish lease agreement, if the violation occurs within one month of the expiration of the agreement, a warning ticket.

    Changes the effective date to December 1, 2025 (was, July 1, 2025).

    Section 19

    Establishes that the duty of a manufacturer or seller of a pesticide to warn a consumer or the public about the risks associated with the pesticide under GS 99B-5 (failure to warn claims) is presumed to be satisfied if the pesticide bears the label approved by the US EPA under the Federal Insecticide, Fungicide, and Rodenticide Act and the pesticide is registered with the Pesticide Board. Provides for rebuttal of the presumption.

    Section 20

    Removes provisions in GS 106-266.35 that authorize the dispensing of raw milk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use or consumption by, an independent or partial owner of a cow, goat, or other lactating animal. Makes conforming changes. Effective July 1, 2025.

    Section 21

    Amends GS 106-581.1 by adding the production, processing, storage, use, and sale of compost for agricultural, residential, or commercial purposes by a permitted Small or Large Type 1, Type 2, or Type 3 composting facility as defined in rules adopted by the EMC as a type of agriculture referred to in Article 52, governing agricultural development, of GS Chapter 106. Defines compost to mean a product made from organic plant, animal, or food waste and created through controlled aerobic, biological decomposition of biodegradable materials that, when subject to mesophilic and thermophilic temperatures, stabilizes the carbon content, reduces the viability of pathogens and vector attraction, and when added to soils is beneficial to plant growth.


  • Summary date: Mar 31 2025 - View Summary

    Section 1

    Requires the Department of Agriculture and Consumer Services (DACS) to update the Strategic Plan for Protecting Agricultural Water Resources to include six additional topics, including: (1) water infrastructure needs to increase access and long-term storage capacity, (2) methods to identify best management practices for temporary water storage and retention to mitigate downstream flooding; and (3) methods to design incentive programs to compensate landowners that participate in flood mitigation programs. Requires DACS to report to the specified NCGA committee by October 1, 2026, on the development of the plan and any legislative changes needed to implement the plan.  

    Section 2

    Authorizes the 9-member Feral Swine Working Group (Working Group), housed within the Wildlife Resources Commission (Commission), tasked with developing a statewide plan to control feral swine damage on private and public lands. Requires the Working Group to act in an advisory capacity to the Commission. Sets out for specific tasks in developing the plan, including orienting the plan toward public health and safety and toward landowner assistance, providing some relief to landowners through feral swine control, management, and eradication. Requires the Working Group to report annually to the Commission, and specified NCGA entities on the results of the program. Requires the Commission to implement the plan and allows entering into a cooperative agreement with the Wildlife Services Division of the Animal and Plant Health Inspection Service, the US Department of Agriculture, DACS, and other relevant agencies or organizations to accomplish the plan.

    Section 3

    Amends GS 160D-804 to require the subdivision regulation to provide that if any subdivision boundary abuts one or more protected farm tracts (a tract of land subject to an agricultural conservation easement), then the applicant must reserve a vegetative buffer of at least 100 feet between the shared boundary and the residential lots that would otherwise abut the protected farm tracts.

    Section 4

    Amends GS 160D-705to allow a special use permit to be denied on the ground that the proposed land use will have an undue negative impact on agricultural production within the local government’s jurisdiction.

    Section 5

    Repeals GS 143-215.6E, which concerned the Violation Points System applicable to permits for animal waste management systems for swine farms.

    Section 6

    Amends GS 106-803 and GS 106-805 to correct the references to laws on requirements for animal waste management systems.

    Section 7

    Amends Section 10.4 of SL 2023-134, concerning the animal waste fertilizer conversion cost-share program, by expanding upon eligible entities to also include any person converting sludge from an anaerobic lagoon or other liquid animal waste management system treating animal waste from a livestock operation into fertilizer products.

    Section 8

    Amends GS 106-549.97, concerning regulation of farmed cervids produced and sold for commercial purposes, by amending the definition of farmed cervid by add a definition of cervids that are susceptible to Chronic Wasting Disease. Allows any cervid that is not susceptible to Chronic Wasting Disease to be imported into the State to any licensed captive cervid facility.

    Section 9

    Requires the Disposal Systems Rule, 15A NCAC 02T .0113, to be implemented as follows. Requires the Environmental Management Commission (EMC) to deem a disposal system to be permitted and not require individual permits or coverage under a general permit if the system meets all of the following: (1) the disposal system is a composting facility for equine or bovine mortality; (2) the disposal system does not result in any violations of surface water or groundwater standards; (3) the disposal system does not directly discharge to surface waters; (4) the construction and operation of the facilities are approved by DACS; (5) the facilities are approved by the State Veterinarian; and (6) in the event of an imminent threat of a contagious animal disease, any emergency measure or procedure related to composting of animal mortality pursuant to GS 106-399.4(a) is authorized. Requires the EMC to adopt rules to amend the Rule so that it is consistent with this provision.

    Section 10

    Amends GS 115C-379 to allow a minimum of two excused absence from school each academic year for participation in equestrian sporting events, livestock shows, or similar agricultural events, in addition to the already allowed absences for religious observance and military leave. Makes conforming changes.

    Section 11

    Amends GS 106-942, concerning the requirement of permits for fires in woodlands in high hazard counties, by making the statute also applicable in New Hanover and Pender counties.

    Section 12

    Amends GS 143-442, concerning registration of pesticides, by removing the specified fees for the annual assessment, instead allowing the amount to be set by the Pesticide Board.

    Section 13

    Amends GS 119-57 to also allow agents of the Commissioner of Agriculture to take on the Commissioner’s duties over Article 5, Liquefied Petroleum Gases. Also gives the Commissioner or his authorized agents authority to: (1) access the premises and records of any place where liquefied petroleum products are stored for the purpose of conducting an inspection or examining any documentation related to the transport, sale, safety, and storage of liquefied petroleum gases; (2) issue stop-sale, hold, and removal orders for any equipment used to dispense, store, or transport liquefied petroleum gases that is found in violation of the provisions of GS Chapter 119 or rules adopted pursuant to the Chapter; and (3) recall a vehicle used for the delivery of liquefied petroleum gas back to its original point of dispatch for inspection upon receipt of a consumer complaint.

    Section 14

    Amends GS 81A-52, concerning licensure of public weighmasters. Requires weighmasters to be licensed for a period of one year that begins the day the application is processed (was, beginning the first day of July and ending June 30) and raises the licensing fee from $19 to $25. Amends GS 81A-54 by expanding upon the items that must be listed on a weighmaster’s seal and removing the $6 fee. Adds provisions governing how the weighmaster’s signature must be captured when an electronic stamp is used to apply the seal to a certificate.

    Section 15

    Requires DACS to collect information on communication lines that fall below the minimum height requirement and create a public safety hazard, especially to agricultural operations. Requires seeking input from specified entities, including the Office of Broadband Infrastructure. Requires a report before the convening of the 2026 Regular Session of the General Assembly.

    Amends GS 113-187 to punish violations of a shellfish lease or aquaculture operation permit that are not related to shellfish sanitation only as an infraction, unless the violation is knowing or willful. Applies to offenses committed on or after July 1, 2025.

    Amends GS 106-900 by giving the Commissioner the power to appoint as many DACS law enforcement officers as deemed necessary, no longer limiting their purpose to investigating and enforcing violations of the laws within DACS authority or that occur on DACS property. Removes current provisions governing powers of arrest and obtaining and serving warrants and instead provides as follows. Gives DACS law enforcement officers jurisdiction throughout the State in enforcing all matters within their respective jurisdiction. Give law enforcement officers that have taken the required oath, the authority to arrest and take other investigatory and enforcement actions for any criminal offense meeting any of the following: (1) occurring, encountered, or otherwise discovered on the premises of, or elsewhere when the conduct relates to, property owned by, leased to, or managed by DACS; (2) provided for under GS Chapter 106, including the forest laws; (3) provided for in any duly adopted DACS rule; (4) encountered or otherwise discovered while investigating or enforcing matters for DACS or encountered or otherwise discovered while investigating or enforcing the provisions of this Chapter, including the forest laws and any duly adopted DACS rule; (5) encountered or otherwise discovered while carrying out any duty or function assigned to DACS by law; (6) occurring in a law enforcement officer's presence; (7) occurring outside of a law enforcement officer's presence and for other offenses evincing a flouting of their authority as enforcement officers or constituting a threat to public peace and order which would tend to subvert the authority of the State if ignored [specifies that DACS law enforcement officers are authorized to arrest for violations of GS 14-223 (resisting officers), GS 14-225 (false report), GS 14-269 (carrying concealed weapons), and GS 14-277 (impersonation of an officers)]; and (8) when assisting another law enforcement agency. Gives DACS law enforcement officers authority to: (1) execute criminal process; (2) obtain and serve warrants, including arrest warrants, search warrants, orders for arrest, criminal summonses, citations, subpoenas, and warrants for violation of any duly DACS rule, and all other process connected with any cases within their subject matter jurisdiction; (3) respond to and take enforcement action for any crime of violence or breach of the peace; and (4) any additional duties as may from time to time be directed by the Commissioner when needed for security purposes at a public event or to protect persons or property because of a disaster or state of emergency. Makes enforcement of GS Chapter 106, including the forest laws and any DACS rules the primary responsibility of law enforcement. Also sets out the powers of DACS law enforcement officers related to service of notices, orders, and demands. Allows DACS law enforcement officers to temporarily stop a person they believe is engaged in activities regulated by DACS to determine compliance with the law, and to see that provisions of GS Chapter 20 (motor vehicles) are enforced. Gives them the power to arrest any motor vehicle on the state’s highways to determine if it is being operated in violation of GS Chapter 20.

    Section 18

    Amends GS 14-78 by amending the punishment for larceny of ungathered crops, by adding a fine of at least $250 for a first offense, which is also a Class H felony, and by making second or subsequent offenses a Class G felony, including a fine of at least $500. Applies to offenses committed on or after December 1, 2025.

    Section 19

    Includes a severability clause.