§ 106-1040 – Short title.

106-1040. Short title. This Article shall be known as the "Agricultural Emergency Response Act." (2016-113, s. 2(a).)

§ 106-1041 – Statement of purpose and authorization.

106-1041. Statement of purpose and authorization. The North Carolina Department of Agriculture and Consumer Services is authorized to aid and assist agricultural operations and landowners in the preparedness for, response to, and recovery from agricultural emergencies. This authorization is given separate and apart from the authorities authorized by Chapter 166A of the General Statutes and […]

§ 106-1042 – Definitions.

106-1042. Definitions. For purposes of this Article, the following definitions apply: (1) "Agricultural emergency" means an emergency, as defined in G.S. 166A-19.3, that results in exposure of or damage to pre- or post-harvest of plants, livestock, feed, water resources, or infrastructure which adversely affects one or more members of the agricultural community and the economic […]

§ 106-1043 – Agricultural Emergency Response Teams authorized.

106-1043. Agricultural Emergency Response Teams authorized. When the Commissioner determines, in consultation with the Governor, that there is an imminent threat of an agricultural emergency or that an agricultural emergency exists within the State that threatens to cause damage to or has caused damage to agricultural lands, facilities, and operations, the Commissioner is authorized to […]

§ 106-1044 – Immunity and liability.

106-1044. Immunity and liability. All functions authorized by this Article and all other activities relating to agricultural emergencies are hereby declared to be governmental functions. Neither the State nor any political subdivision thereof, nor, except in cases of willful misconduct, gross negligence, or bad faith, any Agricultural Emergency Response Team worker, firm, partnership, association, or […]

§ 106-1045 – No private liability.

106-1045. No private liability. Any person, firm, or corporation, together with any successors in interest, if any, owning or controlling real or personal property who, voluntarily or involuntarily, knowingly or unknowingly, with or without compensation, grants a license or privilege or otherwise permits or allows the designation or use of the whole or any part […]

§ 106-1046 – Funding for agricultural emergency response.

106-1046. Funding for agricultural emergency response. In order to fully execute the authorities prescribed in this Article, the North Carolina Department of Agriculture may, at the discretion of the Commissioner, use any funds available to the Department which have been allocated by the General Assembly from the General Fund of the State, use of which […]

§ 106-1047 – Nondiscrimination in agricultural emergency response.

106-1047. Nondiscrimination in agricultural emergency response. State and local governmental bodies and other organizations and personnel who carry out functions under the provisions of this Article shall do so in an equitable and impartial manner. Such State and local governmental bodies, organizations, and personnel shall not discriminate on the grounds of race, color, religion, nationality, […]