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Senate passes N.C. farm bill
Story Date: 7/18/2013
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Source: N.C. Sen. Brent Jackson (District 10), 7/2/13
Today, July 2, 2013, the Senate concurred with the House on S638: NC Farm Act of 2013.
I first ran for office because I felt agriculture was being ignored. Our industry grew six percent during the recession and continues to be the number one industry in this State. I worked closely with Commissioner Steve Troxler's office, House Agriculture Committee co-chairs Reps. J. H. Langdon and Jimmy Dixon, numerous associations, and received input from individual farmers.
S638: NC Farm Act of 2013 will help our industry; and I will continue doing everything in my power to support the Commissioner's goal of crossing the $100 billion mark. This bill is a wonderful step in that direction and I urge the Governor to sign it without delay.
I asked Johnston, Sampson and Duplin counties to allow me the great honor of representing them in the State Senate because I felt Agriculture was becoming an afterthought in Raleigh. This bill reflects the importance that agriculture continues to play in North Carolina.
I have included the most important sections of the bill for your convenience.
As many of you growers know, we are responsible for our products from the time we put our seeds in the ground until the consumer digests the food. Our products travel through many hands, but if there is ever a problem, we the farmer, are held liable. This bill includes language that provides producers--certified by the USDA GAP and GHP Audit Verification Program or similar program designated by the Commissioner of Agriculture--rebuttable presumption against charges of negligence.
Petting zoos were not at the Got To BE NC Festival held earlier this year. With the threat of lawsuits, petting zoo owners cannot get insurance; and Agriculture Education programs, like FFA, will have to cease using animals in their curriculum. S638: NC Farm Act of 2013 includes language that limits the liability and provides an easier path to obtaining insurance. We worked with the Department of Agriculture on this language and Kentucky has passed similar language that dealt with this same issue.
The Department of Agriculture and farmers in this State have always had a trusting relationship. It has been a tremendous example of how government and the private sector can come together and create a fruitful and lasting partnership. The Department is not in the business of handing out fines for "Gotcha" type mistakes, and farmers do a wonderful job checking with the Department regarding rules and laws. In cases where a mistake can be resolved through non-monetary sanctions, education, or training, the department likes to take that approach and shy away from monetary penalties. This section codifies that practice in General Statute.
Recently, the EPA released a lot of data gathered from farmers by the Department of Agriculture that farmers thought was confidential. Among the data were health certificates. This is private information and farmers have the right to keep that data confidential. South Carolina ran into this same issue and has passed language to rectify the problem. We have worked with the Department of Agriculture on developing similar language to ease that concern.
S638: NC Farm Act of 2013 would create a uniformed State law exempting loggers from needing a temporary driveway permit if the operator has completed an educational course.
S638: NC Farm Act of 2013 exempts migrant housing from requirements for installation of an automatic sprinkler system if the building meets the requirements of the Federal Occupational Safety & Health Administration regulations and the Migrant Housing Act of North Carolina. As many of you large employers know, a sprinkler system drawing water from a well requires a holding tank, chemicals to keep that water from going stale and an expulsion system. All these additions are costly and a migrant house does not need to be coded as a motel on 1-95. This will provide a tremendous cost savings to our farmers while keeping our workers safe.
As the economy continues to stagger along, I know many friends, constituents and farmers who have lost contracts or have had to reduce the size of their operations. Many have started renting out their buildings for public or private events such as weddings, receptions, or meetings. Currently, there is uncertainty and confusion among agritourism operators about permissible uses of farm buildings for exhibitions and events where the public is invited into a building that was exempt from the building code when constructed because it was a farm building. S638: NC Farm Act of 2013 clarifies that language.
S638: NC Farm Act of 2013 provides that the current exemption from the Dam Safety Act of nonhazardous dams constructed to provide water for agricultural use can be designed and constructed by or under the supervision of a person who is employed by the Natural Resources Conservation Service, County, or local Soil and Water Conservation District and has federal engineering job approval authority. This will give farmers more competitive options when constructing or repairing a dam used for water and should bring costs down.
We have finally convinced Raleigh that water is an important issue for farmers and S638: NC Farm Act of 2013 contains language that provides that nothing in our statutes governing water shortage emergencies can limit a farmer from withdrawing water for use in agricultural activities when the water is withdrawn from surface water sources located wholly on the landowner's property and from groundwater sources unless the Governor intervenes.
These are just the highlights. I am very proud of this bill and know this will continue to help the agriculture industry as we move forward.
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IN CLOSING:
I appreciate you allowing me to serve you in the NC General Assembly and if I can ever be of service to you, please feel free to contact me at 919-733-5705 or brent.jackson@ncleg.net. You can also visit my Facebook page at http://www.facebook.com/wbrentjackson and follow my new Twitter page https://twitter.com/SenJackson. I look forward to hearing from you!
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