N.C. Gen. Stat. § § 95-223

Definitions.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/8/2026North CarolinaHabitability & Repair

Operative Text

N.C. Gen. Stat. § § 95-223
As used in this Article, unless the context requires otherwise:
(1) "Agricultural employment" means employment in any service or activity included within the provisions of Section 3(f) of the Fair Labor Standards Act of 1938, or section 3121(g) of the Internal Revenue Code of 1986; and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state and including the harvesting of Christmas trees, and the harvesting of saltwater crabs;
(2) "Commissioner" means the Commissioner of Labor of North Carolina;
(3) "Day" means a calendar day;
(3a) "Director" means the Director of the Agricultural Safety and Health Bureau, who is the agent designated by the Commissioner to assist in the administration of this Article.
(4) "Established federal standard" means those standards as set out in, and interpretations issued by, the Secretary of the United States Department of Labor in 29 C.F.R. 1910.142, as amended;
(5) "Migrant" means an individual, and his dependents, who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence;
(6) "Migrant housing" means any facility, structure, real property, or other unit that is established, operated, or used as living quarters for migrants;
(7) "Operator" means any person who owns or controls migrant housing; and
(8) "Person" means an individual, partnership, association, joint stock company, corporation, trust, or legal representative;
(9) "Substantive violation" means a violation of a safety and health standard, including those that provide fire prevention, and adequate and sanitary supply of water, plumbing maintenance, structurally sound construction of buildings, effective maintenance of those buildings, provision of adequate heat as weather conditions require, and reasonable protection for inhabitants from insects and rodents. A substantive violation does not include technical or procedural violations of safety and health standards. (1989, c. 91, s. 2; 1993, c. 300, s. 3; 2007-548, s. 1.)
Source: Legislative text reproduced verbatim
Plain English

N.C. Gen. Stat. § 95-223 establishes the foundational definitions that govern the entire Migrant Housing Act (N.C. Gen. Stat. § 95-222 et seq.). It sets out what counts as 'agricultural employment,' who qualifies as a 'migrant,' what constitutes 'migrant housing,' and who is considered an 'operator' subject to the law's requirements. The section also draws a key distinction between 'substantive violations'—such as fire safety, sanitation, structural soundness, and pest control—and mere technical or procedural violations, a distinction that affects how enforcement actions are categorized and pursued.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 8, 2026

Plain English — not legal advice.

For Property Managers

Anyone who owns or controls living quarters used by seasonal or temporary agricultural workers is an 'operator' under N.C. Gen. Stat. § 95-223 and is subject to the full scope of the Migrant Housing Act (N.C. Gen. Stat. § 95-222 et seq.). Compliant operators generally ensure their facilities meet the federal standards referenced in the Act—covering fire prevention, sanitation, structural integrity, adequate heat, and pest control—since failures in these areas are classified as 'substantive violations' rather than minor procedural ones. The Commissioner of Labor and the Director of the Agricultural Safety and Health Bureau are the designated authorities who oversee compliance with these standards.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Migrant workers and their dependents who are temporarily employed in agricultural work and must stay away from their permanent homes overnight are protected under N.C. Gen. Stat. § 95-223 and the broader Migrant Housing Act, N.C. Gen. Stat. § 95-222 et seq. The definitions in § 95-223 matter to tenants because a 'substantive violation'—covering issues like unsafe structures, inadequate water, poor sanitation, insufficient heat, or pest infestations—carries different enforcement weight than a technical paperwork issue. Tenants who believe their housing falls short of these standards may consider contacting the North Carolina Commissioner of Labor's office, the Agricultural Safety and Health Bureau, or a local tenant-rights or farmworker advocacy organization to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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