Vote Smart's Synopsis:

Vote to override a veto of a bill that limits nuisance liability for farmers, among other provisions.

Highlights:

• Prohibits filing a nuisance claim against an agricultural or forestry operation unless all of the following requirements are met (Sec. 10a):

• The plaintiff owns the property affected by the nuisance;

• The property affected is within .5 miles of the source of the nuisance; and

• The nuisance is filed within 1 year of the establishment of or a fundamental change in the agricultural or forestry operation.

• Specifies that for the purposes of the above provision a fundamental change is not constituted by any of the following (Sec. 10a):

• Change in ownership or size;

• Interruption of farming activity for 3 years or less;

• Participation in government agricultural programs;

• Use of new technology; or

• Change in the type of product produced.

• Repeals the provision which states that the provisions regarding whether a nuisance claim may be filed do not apply when the nuisance is a result of negligent or improper operation of the forestry or agricultural operation (Sec. 10a).

• Prohibits the recovery of punitive damages in a private nuisance action if the forestry or agricultural operation has not been subject to a criminal conviction or civil enforcement action by a state or federal agency related to the nuisance within 3 years prior to the first act on which the nuisance action is based (Sec. 10b).

• Authorizes the sale of raw milk and raw milk products for personal use to the independent or partial owner of a lactating animal (Sec. 15.2a).

• Requires all fruit or vegetable handlers within the state to register with Department of Agriculture and Consumer Services by providing the following information (Sec. 1a):

• Name;

• Principal place of business;

• Types of fruits or vegetables handled; and

• Annual volume, expressed in dollars, of fruits and vegetables handled.

Full Bill Text

Vote Smart's Synopsis:

Vote to override a veto of a bill that limits nuisance liability for farmers, among other provisions.

Highlights:

• Prohibits filing a nuisance claim against an agricultural or forestry operation unless all of the following requirements are met (Sec. 10a):

• The plaintiff owns the property affected by the nuisance;

• The property affected is within .5 miles of the source of the nuisance; and

• The nuisance is filed within 1 year of the establishment of or a fundamental change in the agricultural or forestry operation.

• Specifies that for the purposes of the above provision a fundamental change is not constituted by any of the following (Sec. 10a):

• Change in ownership or size;

• Interruption of farming activity for 3 years or less;

• Participation in government agricultural programs;

• Use of new technology; or

• Change in the type of product produced.

• Repeals the provision which states that the provisions regarding whether a nuisance claim may be filed do not apply when the nuisance is a result of negligent or improper operation of the forestry or agricultural operation (Sec. 10a).

• Prohibits the recovery of punitive damages in a private nuisance action if the forestry or agricultural operation has not been subject to a criminal conviction or civil enforcement action by a state or federal agency related to the nuisance within 3 years prior to the first act on which the nuisance action is based (Sec. 10b).

• Authorizes the sale of raw milk and raw milk products for personal use to the independent or partial owner of a lactating animal (Sec. 15.2a).

• Requires all fruit or vegetable handlers within the state to register with Department of Agriculture and Consumer Services by providing the following information (Sec. 1a):

• Name;

• Principal place of business;

• Types of fruits or vegetables handled; and

• Annual volume, expressed in dollars, of fruits and vegetables handled.

Full Bill Text

Vetoed by Governor Roy Cooper III