GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   3

HOUSE BILL 663*

Committee Substitute Favorable 5/14/13

Committee Substitute #2 Favorable 5/15/13

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

April 10, 2013

A BILL TO BE ENTITLED

AN ACT to INCREASE THE BURDEN OF PROOF IN PRODUCT LIABILITY CASES INVOLVING CERTAIN AGRICULTURAL COMMODITIES.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 99B of the General Statutes is amended by adding a new section to read:

"§ 99B-12.  Burden of proof in certain cases.

(a) A commodity producer who is certified by the United States Department of Agriculture Agricultural Marketing Service Good Agricultural Practices and Good Handling Practices Audit Verification Program shall be entitled to a rebuttable presumption that the commodity producer was not negligent when death or injury is proximately caused by the consumption of the producer's raw agricultural commodity. This presumption may be overcome only by clear and convincing evidence.

(b) As used in this section:

(1) Commodity producer means a producer of raw agricultural commodities.

(2) Raw agricultural commodity means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing, and which are covered by the United States Department of Agriculture Agricultural Marketing Service Good Agricultural Practices and Good Handling Practices Audit Verification Program."

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