In North Carolina, the law relating to farm labor is the Migrant Housing Act of North Carolina. The Act was enacted to ensure safe and healthy migrant housing conditions[i]. Pursuant to N.C. Gen. Stat. § 95-225, heating equipment shall be provided in the migrant housing and migrant housing shall comply with the standards regarding fire safety for migrant housing as adopted by the Commission for Public Health. Food preparation facilities and eating areas shall be provided and maintained in a clean and sanitary manner. A kitchen facility shall be provided with an operable stove with at least one burner per five people, and in no event with less than two burners; an operable refrigerator with .75 cubic feet per person minimum; a table; and a sink with running hot and cold water. Surfaces with which food or drink come in contact shall be easily accessible for cleaning, and shall be nontoxic, resistant to corrosion, nonabsorbent, and free of open crevices. Acceptable storage facilities shall be provided and shall be kept clean and free of vermin. All food service facilities, other than those where migrants procure and prepare food for their own or their family’s consumption, shall comply with the standards regarding kitchen and dining room facilities for migrant housing, as adopted by the Commission for Public Health. Each migrant shall be provided with a bed that shall include a mattress in good repair with a clean cover.
Pursuant to N.C. Gen. Stat. § 95-226, every operator shall request a pre-occupancy inspection at least 45 days prior to the anticipated date of occupancy by applying directly to the Department of Labor of North Carolina or to the local health department. Upon receipt of an application, an inspection of the migrant housing shall be conducted immediately.
Pursuant to N.C. Gen. Stat. § 95-227, the Department of Labor of North Carolina shall maintain a list of operators and the physical address of their migrant housing units, number of beds, and the date of the annual pre-occupancy inspection and certification.
Pursuant to N.C. Gen. Stat. § 95-229.1, if the Department of Labor of North Carolina determines that housing provided to migrants is uninhabitable, but is not reasonably expected to cause death or serious physical harm, the migrants shall be allowed to remain in the housing for a reasonable period, not to exceed 14 days, while the operator locates alternative housing or makes necessary repairs to make the housing habitable. No additional civil penalties arising from the condition of the housing shall be levied against the operator during the 14-day period after the housing has been determined to be uninhabitable in which the migrants are allowed to remain in the housing. The alternative housing shall be provided at the same rate or less than the rate paid by the migrants for the uninhabitable housing. If the Director determines, after recommendation by an inspector, that housing provided to migrants could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated, the migrants shall not be allowed to stay in the housing, and alternative housing shall be provided by the operator at the same rate or less than the rate paid by the migrants for the uninhabitable housing.
[i] N.C. Gen. Stat. § 95-222.
