GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   D

HOUSE DRH80153-MH-10A*  (12/21)

Short Title:        Commodities Producer Protection.		(Public)
Sponsors:	Representative Ramsey.
Referred to:

A BILL TO BE ENTITLED

AN ACT to Limit the liability of north carolina commodity producers arising from food safety issues related to their products, once those products have been accepted by a Processor or reseller.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 106 of the General Statutes is amended by adding a new Article to read:

"Article 57B.

"Civil Liability for Certified Commodity Producers and Commodity Purchasers.

"§ 106-706.1.  Definitions.

The following definitions apply in this Article:

(1) Certified. - The commodity producer (i) complies with good agricultural practices as defined by the United States Department of Agriculture, Agricultural Marketing Service and (ii) is audited by a third-party designee certified by the United States Department of Agriculture.

(2) Commodity producer. - A producer of fruits, vegetables, or other agricultural products.

"§ 106-706.2  Limitation on liability: rebuttable presumption.

A commodity producer who is certified as defined in this Article shall be entitled to a rebuttable presumption that the commodity producer was not negligent when death or injury is proximately caused by consumption of the producer's commodity.

"§ 106-706.3  Limitation on liability.

The liability of a certified, adequately insured producer of commodities for death or injury proximately caused by consumption of the commodity shall not exceed five hundred thousand dollars ($500,000)."

SECTION 2.  This act becomes effective July 1, 2013, and applies to claims arising on or after that date.