§ 1-539.2B. Double damages for injury to agricultural commodities or production systems; define value of agricultural commodities grown for educational, testing, or research purposes.
§ 1‑539.2B. Doubledamages for injury to agricultural commodities or production systems; definevalue of agricultural commodities grown for educational, testing, or researchpurposes.
(a) Any person whounlawfully and willfully injures or destroys any other person's agriculturalcommodities or production system is liable to the owner for double the value ofthe commodities or production system injured or destroyed.
(b) For purposes ofthis section, the value of agricultural commodities that are grown for educational,testing, or research purposes includes all of the following:
(1) The diminution inmarket value of the commodities when the commodities were grown for sale andthe plaintiff is the entity who sold the commodities or would have sold thecommodities but for their injury or destruction.
(2) Costs to theplaintiff for research and development of the injured or destroyed commodities.
(3) Other incidental andconsequential damages proven to have been incurred by the plaintiff.
(c) For the purpose ofthis section, the following definitions apply:
(1) "Agriculturalcommodities" means:
a. Commodities producedfor individual and public use, consumption, and marketing from one of thefollowing:
1. The cultivation ofsoil or hydroponics or any other method of production for crops, includingfruits, vegetables, flowers, and ornamental plants.
2. The planting andproduction of trees, timber, forests, or forest products.
3. The raising oflivestock, poultry, and eggs.
4. Aquaculture asdefined in G.S. 106‑758.
b. Seed, geneticmaterial, tissue cultures, and any research and development materials,information, and records related to items included in subdivision (1)a. of thissubsection developed or used for educational, testing, or research purposes.
(2) "Productionsystems" means land, buildings, and equipment used in the production ofagricultural commodities, including aquaculture facilities as defined in G.S.106‑758. (2001‑290,s. 1.)