GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 974

SENATE BILL 994

 

AN ACT TO CREATE THE NORTH CAROLINA GRAPE GROWERS COUNCIL.

 

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 59.

 "Grape Growers Council.

"§ 106-750.  North Carolina Grape Growers Council - creation; powers and duties. - There is created the North Carolina Grape Growers Council of the Department of Agriculture. The North Carolina Grape Growers Council shall have the following powers and duties:

(1)       To identify and implement methods for improving North Carolina's rank as a wine-producing State;

(2)       To assure orderly growth and development of North Carolina's grape and wine industry;

(3)       To achieve public awareness of the quality of North Carolina grapes and wine;

(4)       To coordinate the interaction of North Carolina's grape and wine industry with other segments of the State's economy such as tourism, retail trade, and horticulture;

(5)       To conduct methods of quality assurance of North Carolina's grape and wine industry to create a sound foundation for further growth;

(6)       To assist in the coordination of the activities of the various State agencies and other organizations contributing to the development of the grape and wine industry;

(7)       To receive and disburse funds;

(8)       To enter into contracts for the purpose of developing new or improved markets or marketing methods for wine and grape products;

(9)       To contract for research services to improve viticultural and enological practices in North Carolina;

(10)     To enter into agreements with any local, state, or national organizations or agency engaged in education for the purpose of disseminating information on wine or other viticultural projects;

(11)     To enter into contracts with commercial entities for the purpose of developing marketing, advertising, and other promotional programs designed to promote the orderly growth of the North Carolina grape and wine industry;

(12)     To acquire any licenses or permits necessary for performance of the duties of the Council; and

(13)     To develop a State Viticulture Plan that identifies problems and constraints of the viticultural industry, proposes solutions to those problems and delineates planning mechanisms for the orderly growth of the industry.

"§ 106-751.  North Carolina Grape Growers Council - composition; terms; reimbursement. - (a) The North Carolina Grape Growers Council shall consist of eleven members appointed by the Commissioner of Agriculture in the following manner: seven commercial grape growers; three winery operators; and one retailer of North Carolina grape products. For purposes of this Article, a commercial grape grower is one who has at least three acres of grapes or sells ten thousand dollars ($10,000) worth of grapes annually. The Commissioner shall appoint, within 30 days of the effective date of this act, four members for three-year terms, four members for two-year terms, and three members for one-year terms. Thereafter, members shall be appointed for four- year terms and shall serve until their successors are appointed and qualified. Any member of the Council may be reappointed for additional terms. Any appointment to fill a vacancy on the Council shall be for the balance of the unexpired term. Any member of the Council may be removed by the Commissioner for misfeasance, malfeasance, or nonfeasance.

(b)       Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 138-5 from funds appropriated for the operation of the Council.

(c)       All clerical and other services required by the Council may be provided by the Department of Agriculture.

(d)       The Commissioner of Agriculture shall appoint a chairman who shall serve at the pleasure of the Commissioner.

(e)       The Council may select a secretary who need not be a member of the Council.

(f)        The Council shall meet when necessary as determined by the Chairman or upon written request of a majority of the members.

(g)       A majority of the Council shall constitute a quorum for the transaction of business."

Sec. 2.  This act is effective upon ratification, except G.S. 106-751(b) which shall become effective only upon adequate funds being appropriated or otherwise made available for that purpose.

In the General Assembly read three times and ratified, this the 11th day of July, 1986.