N.H. Code Admin. R. Ann. Agr — Commissioner, Department of Agriculture, Markets, and Food www.nh.gov/agric

Chapter Agr 100 Organizational Rules

Part Agr 101 Purpose

N.H. Code Admin. R. Ann. Agr 101.01 Purpose {#sec-agr-101.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 101.01}

The rules of this title implement the statutory responsibilities of the New Hampshire department of agriculture created by RSA 425 which include, but are not limited to:

(a) Promoting and regulating agriculture in all its branches;

(b) Regulating all commercial transactions involving the measurement of weight, distance, volume or time;

(d) Gathering and disseminating information on agriculture, crop production, market activity, and other subjects consistent with the responsibilities of the department;

(e) Cooperating with other agencies of the state and federal governments, the university of New Hampshire and commodity and consumer groups in the public interest; and

(f) Conducting such other activities as the statutes shall direct.

History

#2298, eff 2-17-83; ss by #2855, eff 9-24-84, EXPIRED 9-24-90
#6012, eff 3-28-95

Part Agr 102 Definitions

N.H. Code Admin. R. Ann. Agr 102.01 Terms {#sec-agr-102.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 102.01}

As used in these rules, the following terms shall have the meanings indicated:

(a) "Bureau" means a unit within the department led by a supervisor.

(b) "Commissioner" means the commissioner of the department of agriculture.

(c) "Department" means the New Hampshire department of agriculture, which includes the office of the commissioner, the division of agricultural development, the division of animal industry, the bureau of markets, the bureau of weights and measures, the division of pesticide control and the division of plant industry.

(d) "Division" means a unit within the department led by a director.

History

#2298, eff 2-17-83; ss by #2855, eff 9-24-84, EXPIRED 9-24-90
#6012, eff 3-28-95

Part Agr 103 Agency Organization

N.H. Code Admin. R. Ann. Agr 103.01 General Description {#sec-agr-103.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.01}

There shall be established pursuant to RSA 425 within the department, the office of the commissioner, the agricultural advisory board, 4 separate divisions and 2 separate bureaus, each responsible for the implementation and enforcement of rules in their designated areas of expertise.

History

#6012, eff 3-28-95

N.H. Code Admin. R. Ann. Agr 103.02 Office of Commissioner {#sec-agr-103.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.02}

The office of the commissioner shall administer departmental affairs, develop policy and oversee such programs as the statutes direct, including the state agricultural land development rights purchase program and state conservation committee. All accounting activities for the department shall be included in this unit. The office of commissioner shall provide administrative support to the agricultural advisory board.

History

#6012, eff 3-28-95

N.H. Code Admin. R. Ann. Agr 103.03 Division of Agricultural Development {#sec-agr-103.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.03}

(a) The division of agricultural development shall work to bring producers and consumers together in the marketplace through promotional initiatives and marketing programs. The division shall gather and disseminate market information and inform consumers of the availability and quality of crops and food products.

(b) The following programs shall be included in the division of agricultural development:

(1) Publication of the "Weekly Market Bulletin":

(2) Operation of the New Hampshire building at the Eastern States Exposition; and

(3) The apple marketing order.

History

#6012, eff 3-28-95

N.H. Code Admin. R. Ann. Agr 103.04 Division of Animal Industry {#sec-agr-103.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.04}

The division of animal industry shall be responsible for the control and eradication of all contagious and infectious diseases of domestic animals and poultry in the state. It shall protect people, livestock and poultry from disease through testing, vaccination and regulation of entry of animals and poultry into New Hampshire. The division shall enforce the humane laws of the state, and liaise with appropriate local and federal agencies in animal health matters.

History

#6012, eff 3-28-95

N.H. Code Admin. R. Ann. Agr 103.05 Bureau of Markets {#sec-agr-103.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.05}

The bureau of markets shall be responsible for inspection of farm commodities offered for sale within the state to meet safety, grade and quality standards. Inspection and technical assistance on exporting products and use of grades shall be provided for eggs, apples, cider, potatoes, honey and maple products. The bureau shall administer the seal of quality and organic certification programs. The bureau shall conduct lime, feed, seed and fertilizer inspection and registration/licensing programs to ensure lawful labeling, content and quality. The bureau shall coordinate the implementation of best management practices for agricultural nutrients and wastes as necessary.

History

#6012, eff 3-28-95

N.H. Code Admin. R. Ann. Agr 103.06 Bureau of Weights and Measures {#sec-agr-103.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.06}

(a) The bureau of weights and measures shall enforce all of the state's laws affecting the measurement of commodities moving in commerce for the purpose of ensuring that consumers receive an accurate amount of product.

(b) The bureau of weights and measures' functions shall be:

(1) Inspection of all weighing devices;

(2) Inspection of fuel delivery meters and pumps, tanks and containers used for measuring any type of liquid or solid commodity;

(3) Inspection of taxi meters and devices used for measurement of distance, time or mass;

(4) Enforcement of the uniform date code system for processed food products and other provisions of law affecting pricing and sale of commercial goods; and

(5) Certification of standards used by device service persons and organizations.

History

#6012, eff 3-28-95

N.H. Code Admin. R. Ann. Agr 103.07 Division of Pesticide Control {#sec-agr-103.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.07}

The division of pesticide control shall ensure the safe and proper use of chemical pesticides by enforcing state pesticide laws affecting the sale, storage and application of all registered pesticides, examining and licensing pesticide dealers and users, and registering all economic poisons sold and used within the state.

History

#6012, eff 3-28-95

N.H. Code Admin. R. Ann. Agr 103.08 Division of Plant Industry {#sec-agr-103.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 103.08}

The division of plant industry shall inspect nursery and florist establishments, farms, agricultural crops and apiaries for insect, fungal or disease infection. It shall monitor insect and plant pests which might threaten crops, animals or human health.

History

#6012, eff 3-28-95

Part Agr 104 Public Requests for Information

N.H. Code Admin. R. Ann. Agr 104.01 Information Requests {#sec-agr-104.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 104.01}

(a) All departmental information shall be available to every person upon request, except for confidential information pursuant to RSA 91-A:5.

(b) A request for information may be made by any person.

(1) By visiting the department during regular business hours and making a plain statement, orally or in writing, describing the information so requested; or

(2) By writing to the department, clearly stating the information sought and including a check or money order for the copying fee.

(d) Each person shall have the right to inspect all public records.

(e) Each person may make hand written or xerox copies of any information which is not confidential.

(f) If information is sought which contains both public and confidential information, the department shall delete the confidential information and provide the remaining information.

(g) There shall be a copying fee of $.20 per page for any information copied.

History

#6012, eff 3-28-95

Chapter Agr 200 Practice and Procedure

Part Agr 201 Purpose

N.H. Code Admin. R. Ann. Agr 201.01 Purpose {#sec-agr-201.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 201.01}

The commissioner of agriculture, markets & food or designated agent conducts various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within the commissioner's statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees. These rules are construed to secure the just, efficient and accurate resolution of all department proceedings.

History

#2298, eff 2-17-83; ss by #2855, eff 9-24-84, EXPIRED 9-24-90
#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

Part Agr 202 Definitions

N.H. Code Admin. R. Ann. Agr 202.01 Definitions {#sec-agr-202.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 202.01}

The following words shall have the meanings indicated when used in this chapter:

(a) "Commissioner" means the commissioner of the department of agriculture, markets & food or designated agent.

(b) "Complaint" means a written statement or documented telephone call containing allegations of an offense.

(d) "Division head" means the head of a division in the department of agriculture, markets & food.

(e) "Filing" means submitting a written document to the department by first class mail or in person.

(f) "Hearing" means a formal adjudicatory proceeding, which allows both sides to be heard, conducted by the commissioner or his designated hearings officer in contested cases. The term does not include declaratory rulings or rulemaking.

(g) "Hearings officer" means a person designated by the commissioner to conduct hearings and issue final decisions.

(h) "Informal proceeding" means a meeting with the division head, in person or by telephone, in which the notice of violation and possibility of settlement is discussed.

(i) "Motion" means any request by a party to a proceeding for an order relating to that proceeding.

(j) "Order" means a document issued by the department:

(1) Requiring a person to do, or to abstain from doing, something; or

(2) Determining a person's rights to a license or some other property or privilege established by RSA 425-438 or the rules of this chapter.

(k) "Petition" means a request to the department by any person seeking an order or any other action or relief, but does not include a license application or a motion.

(l) "Presiding officer" means the commissioner, hearings officer or division head when conducting a formal or informal hearing.

(m) "Rulemaking" means the statutory procedures for the formulation of a rule set forth in RSA 541-A:3 et seq.

History

#2298, eff 2-17-83; ss by #2855, eff 9-24-84, EXPIRED 9-24-90
#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

Part Agr 203 Complaints & Violations

N.H. Code Admin. R. Ann. Agr 203.01 Failure to Comply with Rules {#sec-agr-203.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 203.01}

(a) Any document submitted to the department which does not comply with the requirements in the rules of this chapter shall be subject to:

(1) Refusal for filing; or

(2) Conditional denial of a noncompliant application, petition or motion.

(b) Any person who submits documents to the department that do not comply with the requirements in this chapter shall be notified in writing of the following:

(1) Any apparent errors or omissions;

(2) A request for any additional information that the agency is permitted by law to require; and

(3) Notification of the name, official title, address and telephone number of the agency official to contact regarding the documents submitted.

(c) Any person who does not comply with the requirements in the rules of this chapter shall be subject to issuance of an order adverse to that noncompliant person.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 203.02 Complaint {#sec-agr-203.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 203.02}

(a) A complaint may be filed with the department by any person upon suspicion of wrongdoing.

(b) Complaints alleging misconduct by licensees, under RSA 425-438 or a rule or order issued there under, or violators of said RSA’s or rules, or order, shall be made as follows:

(1) In writing and filed with the department; or,

(2) Called in to the department by telephone, as follows:

a. The information required by Agr 203.02(c) shall be written down; and

b. The investigator of this complaint shall have it signed by the complainant upon investigation.

(1) The name and address of the complainant;

(2) The name and business address of the licensee or other subject against whom the complaint is directed;

(3) The specific facts and circumstances which constitute the alleged violation; and

(4) The signature of the complainant.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-B, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 203.03 Investigation {#sec-agr-203.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 203.03}

Upon receipt of a complaint by the department, but before issuance of a notice of violation, the department shall investigate the alleged violation(s) to determine whether there is a violation of RSA 425-438 or a rule or order issued thereunder.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-B, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 203.04 Notice of Violation {#sec-agr-203.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 203.04}

(a) Prior to the imposition of an administrative fine pursuant to Agr 203.05 or the revocation, suspension or modification of a certificate of registration, permit or license, the division head shall in person or by certified mail, return receipt requested, notify the person who has allegedly violated any provision of RSA 425-438, or a rule or order issued thereunder, of the charges against them and their right to request an adjudicatory hearing.

(b) Notice required by Agr 203.04(a) shall include the following:

(1) A statement of the time frame in which to request a hearing or respond to charges;

(2) A statement of the legal authority under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and rules involved;

(4) A plain statement of the issues involved, including the specific facts or conduct of the person upon which the department had based a proposed assessment of a fine or actions on the certificate of registration, permit or license;

(5) The amount of the monetary fine proposed for the alleged violation or the proposed action relative to the certificate of registration, permit or license;

(6) The manner of payment; and

(7) The requirements set forth in Agr 204.07 with which the person shall comply in order to avoid waiving the right to a hearing before the department.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 203.05 Basis for Levying Fines {#sec-agr-203.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 203.05}

As part of the hearing procedure, evidence shall be taken into account to determine the amount of a fine.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

Part Agr 204 Adjudicative Procedure

N.H. Code Admin. R. Ann. Agr 204.01 Applicability {#sec-agr-204.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.01}

This part shall govern all proceedings conducted by the commissioner or his designated agent, except rulemaking and nonadjudicatory investigations.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.02 Commencement {#sec-agr-204.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.02}

(a) The commissioner shall commence an adjudicative proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference.

(b) The notice commencing an adjudicative proceeding shall:

(1) Identify the parties to the proceeding as of the date of the notice;

(2) Briefly summarize the subject matter of the proceeding, and identify the issues to be resolved;

(3) Attach any complaint against the respondent which forms, in whole or in part, the basis for the issues to be resolved;

(4) Specify the legislative authority for the proposed action, and identify any applicable division regulations;

(5) Specify the type of procedures to be followed;

(6) Specify the date by which, and the address where, appearances or motions by representatives shall be filed;

(7) Specify the date, time and location of the hearing and/or any prehearing conference;

(8) Identify the presiding officer for the proceeding, if other than the commissioner;

(9) Identify any confidentiality requirements applicable to the proceeding;

(10) A statement that each party has the right to have an attorney present to represent the party at the party’s expense;

(11) Each party has the right to have the agency provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceeding; and

(12) Contain such other information as the circumstances of the case may warrant including, but not limited to:

a. Orders consolidating or severing issues in the proceeding with other proceedings; and

b. Orders directing the production of documents.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.03 Docketing, Service of Notice, Public Notice {#sec-agr-204.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.03}

(a) The commissioner shall assign each adjudicatory proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the civil bureau, department of justice. The hearing notice shall be served upon the respondent and the complainant, if any, by means of certified mail.

(b) Service of all subsequent orders, decisions and notices issued by the commissioner, including any amendments to the hearing notice, shall be served upon the parties, including any intervenors, by regular mail.

(c) Orders, notices and decisions of the commissioner, and motions, memoranda, exhibits and other documents and data submitted to the commissioner in a docketed case shall be kept in a docket file and made available for public inspection in the commissioner's office except to the extent that confidentiality has been provided for by any other provision of law.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.04 Computation of Time {#sec-agr-204.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.04}

Any time period specified in this chapter shall begin with the day following the act, event or default, and shall include the last day of the period, unless it is Saturday, Sunday or a legal state holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal state holiday. When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and state legal holidays shall be excluded from the computation.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.05 Informal Proceeding {#sec-agr-204.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.05}

(a) At any time before the entry of a final decision, a person who has received a notice of violation in accordance with Agr 203.04 or a notice commencing an adjudicatory proceeding in accordance with Agr 204.02, may request, by telephone, first class mail or in person, an informal meeting with the issuer of the notice.

(b) This meeting shall at least consist of a discussion of the charges and proposed fines.

(c) If a settlement agreement is reached during this meeting, all parties shall sign a statement to that effect, stating the terms of the settlement.

(d) Upon the conclusion of the informal proceeding, if an agreement was reached, the presiding officer shall issue a final decision to the party, pursuant to Agr 204.21, summarizing the settlement agreement and stating the person's right to request a hearing within 30 days of the date of that letter.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.06 Orders {#sec-agr-204.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.06}

(a) An order shall be in writing, effective immediately, on the date of issuance. However, an order for license suspension shall only be effective immediately pursuant to (d) below.

(b) Orders shall be delivered either in person, at which time the party shall be requested to sign for receipt of the order, or by certified mail.

(c) Recipients of "Cease and Desist" orders or "Stop Sale, Use or Removal" orders may make a request for a hearing before the department in accordance with the provisions of Agr 204.07.

(d) In the event that the department determines there is an imminent and substantial endangerment to the public health, safety or welfare, it shall incorporate a finding to that effect in its order and immediately suspend the license, permit or registration pursuant to RSA 541-A:30, III and the following procedure:

(1) The department shall commence an adjudicative proceeding not later than 10 working days after the date of the department order suspending the license, permit or registration;

(2) Unless expressly waived by the licensee, permittee or registrant, department failure to commence an adjudicative proceeding within 10 working days shall mean that the suspension order is automatically vacated; and

(3) The department shall not again suspend the license, permit or registration without granting prior notice and an opportunity for an adjudicative proceeding.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.07 Request for a Hearing {#sec-agr-204.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.07}

(a) A request for a hearing may be made by any person who received a notice of violation, cease and desist order or stop sale, use or removal order.

(b) A request for a hearing shall be made by petitioning the department as follows:

(1) In writing;

(2) Including a plain statement describing the reasons for the hearing;

(3) Be received by the department within 21 days of the date of the department's notice of violation or order, except in the case of a cease and desist order, which shall be received within 10 days of issuance of that order; and

(4) In the case of a stop sale, use or removal order which shall be received within 4 days of issuance of that order.

(c) In cases where a registration, license or permit has been suspended pursuant to RSA 541-A:30, III, no request for a hearing before the department shall be required.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.08 Waiver of Right to a Hearing {#sec-agr-204.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.08}

(a) A person shall be deemed to have waived the right to a hearing before the department upon failure to meet the requirements set forth in Agr 204.07.

(b) The proposed administrative fine or action on a certificate of registration, permit or license shall be final upon such waiver.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.09 Prehearing Conference {#sec-agr-204.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.09}

(a) Any party to an adjudicative proceeding may request a prehearing conference with the other parties to the proceeding, including the commissioner, hearings officer or division head.

(b) If so requested, the commissioner, hearings officer or division head shall schedule a prehearing conference prior to beginning formal proceedings.

(c) The commissioner, hearings officer or division head shall provide notice to all parties prior to holding any prehearing conference.

(d) There may be considered at a prehearing conference any one or more of the following:

(1) Opportunities and procedures for settlement;

(2) Opportunities and procedures for simplification of the issues;

(3) Possible additions to documentary evidence;

(4) Possible limitations on the number of witnesses;

(5) Possible admissions of fact and documents to avoid unnecessary proof, by consent of the parties;

(6) Possible changes to the standard procedures which would otherwise govern the proceeding, by consent of the parties;

(7) The distribution of written testimony, if any, and exhibits to the parties;

(8) Possible consolidation of the examination of witnesses by the parties; and

(9) Any other matters which contribute to the prompt and orderly conduct or disposition of the proceeding.

(e) Upon completion of the prehearing conference, the commissioner, hearings officer or division head shall issue and serve upon all parties a prehearing decision incorporating the matters determined at the prehearing conference.

(f) Any matter to which all parties have been notified may, by agreement of all parties to the matter through stipulation, settlement or consent decree, be disposed of at the prehearing conference.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.10 Intervention {#sec-agr-204.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.10}

(a) Any person who petitions to intervene at least 3 days prior to the start of the hearing shall be granted authority to intervene and shall have the full status of the party.

(b) If a person petitions less than 3 days before the hearing, the commissioner or hearings officer shall grant any petition for intervention, if the following are true, in an adjudicatory proceeding at any time, if the petition is submitted in writing to the presiding officer and states with particularity:

(1) The petitioner's rights, duties, privileges, immunities or other interests would be affected by the subject matter of the hearing;

(2) The petitioner's position with respect to the subject matter of the hearing; and

(3) The interests of justice and the orderly and prompt conduct of the proceeding would not be impaired.

(c) Once granted leave to intervene, an intervenor shall take the proceeding as it is found and no portion of the proceeding shall be repeated because of the fact of intervention.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.11 Right to Counsel {#sec-agr-204.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.11}

Any party to an adjudicative proceeding may be represented by counsel, but an attorney appearing on behalf of a party shall first file a letter at the earliest date possible, in accordance with Agr 204.12, announcing the fact of representation.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.12 Notice of Representation {#sec-agr-204.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.12}

Each representative of a party, whether an attorney or non-attorney, shall, upon being retained by a client in a matter pending before the department, file a letter of representation with the department and shall send copies of that letter to all parties of record.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.13 Hearing {#sec-agr-204.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.13}

(a) Following a request in accordance with Agr 204.07, or following suspension of a permit, registration or license pursuant to RSA 541-A:30, III, the department shall provide written notification of a hearing pursuant to RSA 541-A:31, III, as outlined in Agr 204.02.

(b) In the case of a cease and desist order, the hearing shall be held at the earliest possible time within 20 days of receiving a request.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.14 Discovery and Disclosure {#sec-agr-204.14 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.14}

Upon the written request of a party, the department shall disclose any information, not privileged, in the possession of the department, which is the subject matter of the proceeding.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.15 Evidence; Official Notice {#sec-agr-204.15 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.15}

(a) All testimony of parties and witnesses shall be made under oath or affirmation administered by the hearings officer.

(b) Adjudicative proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter.

(c) Any oral or documentary evidence may be received, but the hearings officer may exclude irrelevant, immaterial or unduly repetitious evidence. Objections to evidence offered may be made by the parties and shall be noted by the hearings officer. Subject to the foregoing requirements, any part of the evidence may be received in written form if the interests of the parties will not be prejudiced substantially thereby.

(d) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(e) A party, or his representative, may conduct cross-examinations required for a full and true disclosure of the facts.

(f) If the hearings officer officially notices a fact, he shall so state, and permit any party, upon timely request, the opportunity to show to the contrary.

(g) The department's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

(h) A tape recording shall be made of all formal hearings, copies of which shall be available upon written request to the department.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.16 Burden of Proof {#sec-agr-204.16 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.16}

(a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence. The party asserting the affirmative of a proposition shall present its case first.

(b) Without limiting the generality of Agr 204.15(a), all moving parties and all petitioners shall have the burden of persuading the hearings officer that their motion or petition should be granted.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.17 Ex Parte Communications {#sec-agr-204.17 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.17}

Once a notice of hearing has been issued in an adjudicatory proceeding, no party shall communicate with any member of the department, the commissioner or the hearings officer concerning the merits of the case except upon notice to all parties and an opportunity for such party or parties to participate, in accordance with the rules of this chapter. Nor shall any party cause another person to make such communications or otherwise engage in conduct prohibited by RSA 541-A:36.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.18 Motions and Objections {#sec-agr-204.18 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.18}

(a) Unless presented during a hearing, all motions and objections thereto shall be in writing.

(b) All motions shall state clearly and concisely:

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders or other authority authorizing relief sought by the motion; and

(4) The facts claimed to constitute grounds for the relief requested by the motion.

(1) The defense of the party filing the objection;

(2) The action which the party filing the objection wishes the department to take on the motion;

(3) The statutes, rules, orders or other authority relied upon in defense of the objection; and

(4) Any facts which are additional to or different from the facts stated in the motion.

(d) An objection to a motion shall specifically admit or deny each fact contained in the motion.

(e) Failure to deny a fact contained in a motion shall constitute the admission of that fact for the purposes of the motion.

(f) In the event a party filing an objection to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.

(g) Motions shall be decided upon the writings submitted.

(h) Objections to motions shall be submitted to the hearings officer within 10 days after the receipt of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.19 Close of Record {#sec-agr-204.19 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.19}

At the end of the hearing, the hearings officer shall state the time period after which he shall refuse to receive additional evidence.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.20 Continuances {#sec-agr-204.20 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.20}

A party desiring to postpone the hearing to a later date shall request a continuance by filing a motion with the hearings officer at least 7 days prior to the date of the hearing.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.21 Final Decision {#sec-agr-204.21 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.21}

(a) A final decision shall be issued by the division head after an informal proceeding or by the hearings officer after a hearing.

(b) The final decision shall be in writing and shall include reasons for the decision.

(c) A copy of the final decision shall be sent to the parties by registered mail within 30 days of the proceeding or hearing.

(d) A final decision shall be subject to appeal pursuant to Agr 204.23.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.22 Reopening of Cases {#sec-agr-204.22 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.22}

(a) If a default judgment is entered against a party for his failure to appear, that party may file a motion, within 20 days after the date of the hearing, to reopen the matter.

(b) The motion to reopen shall include the following:

(1) An explanation of why the party failed to appear; and

(2) An explanation of why the party failed to notify the commissioner or hearings officer of his nonappearance in advance of the hearing.

(c) Explanations required by Agr 204.22(b)(2) shall be supported by affidavits or documentary evidence, in accordance with Agr 204.15.

(d) If the evidence shows that good cause exists to explain the party's failure to appear, the matter shall be reopened by the commissioner or hearings officer and testimony and evidence offered by the party shall be received.

(e) Good cause shall include but not be limited to accident, illness or death of a family member.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.23 Appeal {#sec-agr-204.23 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.23}

A final decision shall be issued before a matter can be brought on appeal. All final decisions issued by the department shall be binding, subject only to appeal to the supreme court, in accordance with RSA 541:6. However, if a division within the department has statutorily prescribed procedures regarding appeal and the issue falls within the jurisdiction of that division, the division's procedures shall prevail.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 204.24 Ethical Standards {#sec-agr-204.24 omnilex-key=us-nh-regs-official--agency-agr--Agr 204.24}

(a) Hearings officers, in the discharge of their official duties, and all persons participating in the hearings process of the department, shall observe and be governed by the ethical standards of conduct specified in this section.

(b) Hearings officers shall avoid the appearance of impropriety in all activities and shall conduct themselves in a manner which promotes public confidence in the integrity and impartiality of the hearings officer in particular and of the hearings process in general.

(1) Perform their duties impartially and diligently;

(2) Know the law and the rules governing the department;

(3) Maintain order and decorum in proceedings before the department;

(4) Be patient and courteous to those persons who participate in the hearings process; and

(5) Dispose promptly of matters heard by the hearings officer.

(d) Hearings officers shall disqualify themselves when their impartiality might be reasonably questioned.

(e) Hearings officers shall not participate in a contested case when:

(1) The hearings officer has a personal bias or prejudice concerning a party or a party's representative;

(2) The hearings officer has personal knowledge of disputed evidentiary facts concerning the proceeding; or

(3) A relative of the hearings officer is a party to the proceeding or is known by the hearings officer to have a substantial interest in the outcome of the proceeding.

(f) Hearings officers shall avoid ex parte communications in accordance with Agr 204.17.

(g) Hearings officers shall not directly or indirectly solicit or accept any gift or gratuity from any person or party involved in any contested matter pending before the hearings officer. Unsolicited gifts or gratuities shall be returned to the donor, and their receipt shall be reported to the commissioner in writing.

(h) Gifts or gratuities shall:

(1) Include but not be limited to meals, alcoholic beverages, hotel accommodations, travel expenses or flowers; and

(2) Not include plaques or other mementos of token value received for speaking engagements or meals received at functions in which the department has a specific part in the program.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

Part Agr 205 Rulemaking

N.H. Code Admin. R. Ann. Agr 205.01 How Adopted {#sec-agr-205.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.01}

A department rule, or any amendment or repeal thereof, shall be adopted by order after notice and opportunity for a legislative-type hearing as provided by RSA 541-A:3 et seq. Rules shall be proposed by petition or by the department acting on its own motion.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.02 Petition for Rulemaking {#sec-agr-205.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.02}

(a) Any person may request the department to commence a proceeding for the purpose of adopting, amending or repealing a rule.

(b) This request shall be made by filing a petition with the department which contains:

(1) The name and address of the individual filing the petition or if the petition is being filed by an organization or other entity, the identity of the organization or entity and the name and address of the representative authorized by the organization or entity to file the petition;

(2) Reference to the statutory provision that authorizes or supports the rulemaking petition;

(3) A statement of the purpose of the petition, whether adoption, amendment or repeal of a rule and the results intended by the petitioner to flow from the implementation of the proposed adoption, amendment or repeal of a rule;

(4) If amendment or adoption of a rule is sought, a copy of the text proposed;

(5) An identification of the particular rule sought to be amended or repealed, if the petitioner proposes to amend or repeal an existing rule; and

(6) Any data or argument the petitioner believes would be useful to the department in deciding whether to commence a rulemaking proceeding.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.03 Disposition of Petition {#sec-agr-205.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.03}

(a) The department shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

(b) Within 30 days of the submission of a petition, the department shall either deny the petition by written order, stating its reasons for the denial, or shall initiate rulemaking proceedings in response to the petition and in accordance with Agr 205.04.

(1) The petition for rule or amendment or repeal of an existing rule would not be consistent with established standards of the department relating to agriculture, markets and food;

(2) The petition lacks rulemaking authority; or

(3) The petition is contrary to legislative intent.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.04 Commencement of Rulemaking Proceeding {#sec-agr-205.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.04}

The department shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A:3 et seq.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.05 Public Comment Hearings. {#sec-agr-205.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.05}

The purpose this section is to provide uniform procedures for the conduct of public comment hearing held pursuant to RSA 541-a:11.

(a) Public comment hearings shall be attended by the commissioner or his designee.

(b) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Agr 205.06.

(1) Their full names and addresses; and

(2) The names and addresses of organizations, entities or other persons whom they represent, if any.

(d) Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.06 Limitations on Public Participation {#sec-agr-205.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.06}

The commissioner or his designee presiding over a hearing shall:

(a) Refuse to recognize for speaking or revoke the recognition of any person who:

(1) Speaks or acts in an abusive or disruptive manner;

(2) Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

(3) Restates more than once what he or she has already stated.

(b) Limit presentations on behalf of the same organization or entity to no more that 3, provided that all representatives of said organization or entity enter their names and addresses into the record as supporting the position of the organization or entity.

History

#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.07 Media Access {#sec-agr-205.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.07}

(a) Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward:

(1) Limitation of the number of media representative when their number together with the number of members of the public present exceeds the capacity of the hearing room;

(2) Limitation on the placement of cameras to specific locations within the hearing room; or

(3) Prohibition of interviews conducted within the hearing room before or during the hearing.

History

#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.08 Conduct of Public Comment Hearings {#sec-agr-205.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.08}

(a) Public comment hearings shall be presided over by the commissioner or his designee with knowledge in the subject area of the proposed rules.

(b) The commissioner or his designee presiding over a hearing shall:

(1) Call the hearing to order;

(2) Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

(3) Cause a recording of the hearing to be made;

(4) Recognize those who wish to be heard;

(5) If necessary, establish limits pursuant to Agr 205.06 and Agr 205.07;

(6) If necessary to permit the hearing to go forward in an orderly manner effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

(7) If necessary, postpone or move the hearing; and

(8) Adjourn or continue the hearing.

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

(2) The commissioner of his designee who is presiding over the hearing is ill or unavoidably absent; or

(3) Postponement will facilitate greater participation by the public.

(d) A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

(e) A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

(1) The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

History

#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 205.09 Declaratory Judgment {#sec-agr-205.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 205.09}

If a rule interferes with an individual's legal rights or privileges, an action for declaratory judgment in the Merrimack County Superior Court may be brought, in accordance with RSA 541-A:24.

History

#8309-B, eff 3-24-05

Part Agr 206 Declaratory Rulings

N.H. Code Admin. R. Ann. Agr 206.01 Purpose {#sec-agr-206.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 206.01}

The purpose of a declaratory ruling is to respond to an inquiry by the public, advising them on the appropriate action in their situation, in accordance with any statutory provision, rule or order of the department.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 206.02 Petition for Declaratory Ruling {#sec-agr-206.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 206.02}

(a) Any person may request a declaratory ruling from the department on how a statute, rule or order applies to a specific situation.

(b) This request shall be made by filing a petition with the department which contains:

(1) The exact ruling being requested;

(2) The statutory and factual basis for the ruling, including any supporting affidavits or memoranda of law;

(3) A statement as to how and why the issuance of a ruling on this subject would benefit the petitioner and the public at large; and

(4) The name and address of the petitioner.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

N.H. Code Admin. R. Ann. Agr 206.03 Action on Petition {#sec-agr-206.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 206.03}

(a) The department shall issue a declaratory ruling, in writing, within 30 days of receipt of a petition.

(b) A copy of each declaratory ruling shall be:

(1) Filed with the director of legislative services;

(2) Sent to the petitioner by first class mail; and

(3) Filed with the department.

History

#6299, eff 7-25-96, EXPIRED: 7-25-04
#8309-A, eff 3-24-05

Part Agr 207 Retention Schedule for Written Decisions

N.H. Code Admin. R. Ann. Agr 207.01 Document Retention {#sec-agr-207.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 207.01}

All written decisions or orders pursuant to RSA 541-A:35, shall be retained by the department for a period of 2 years or as set by the director of the division of archives and records management, which ever is greater.

History

#8309-A, eff 3-24-05

Part Agr 208 Explanation of Rule

N.H. Code Admin. R. Ann. Agr 208.01 Explanation of Rule {#sec-agr-208.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 208.01}

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the adopting authority shall issue an explanation of the rule, which includes:

(1) A concise statement of the principal reasons for and against the adoption of the rule in its final from; and

(2) An explanation of why the adopting authority overruled the arguments and considerations against the rule.

Appendix

Rule

Specific State Statute the Rule Implements

Agr 201 - 204

RSA 541-A:16, I(b)(2)

Agr 205.01

RSA 541-A:3

Agr 205.02 - 205.04

RSA 541-A:16, I(c); 541-A:4

Agr 205.05

RSA 541-A:24

Agr 206

RSA 541-A:16, I(d)

Agr 207

???

Agr 208

???

History

#8309-B, eff 3-24-05

Chapter Agr 300 Rabies Control

Part Agr 302 Rabid Brain

N.H. Code Admin. R. Ann. Agr 302.01 Submission of Rabid Brain {#sec-agr-302.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 302.01}

In the instance of the need of submission of a suspected rabid brain, the rabies control authority, as defined in RSA 436:99, VIII, shall submit said specimen to the New Hampshire department of health and human services laboratory, Concord, New Hampshire, for diagnosis.

Appendix

Rule

Specific State Statute the Rule Implements

Agr 300

RSA 436:108

History

#2343, eff 4-21-83; ss by #2885, eff 10-22-84; ss by #5113, eff 4-16-91, EXPIRED: 4-16-97
#6496, eff 4-23-97; ss by #8337, eff 4-23-05, EXPIRED: 4-23-13
#10488, eff 12-13-13; ss by #13834, eff 12-28-23

Chapter Agr 400 had formerly been titled “Stallion Registration” and contained rules governing registration of stallions. The former Chapter Agr 400 expired 10-22-90. The filings prior to the expiration of the former Chapter Agr 400 included the following documents:

Part Agr 401 Definitions

N.H. Code Admin. R. Ann. Agr 401.01 Definitions {#sec-agr-401.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 401.01}

As used herein:

(a) “Department” means the New Hampshire department of agriculture, markets, and food;

(b) “Commissioner” means the commissioner of agriculture, markets, and food;

(c) "Garbage" means waste consisting in whole or in part of animal waste, including any waste animal carcasses or offal from such carcasses or parts thereof, but excluding waste from ordinary household operations which is fed directly to swine on the same premises where such household is located; and

(d) “Reasonable times” means a minimum of four regular, posted open hours maintained by the permit holder at the same time every week between 8 am and 4 pm, Monday through Friday, which are subject to unannounced inspection by the department’s authorized representative.

History

#13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

Part Agr 402 Treating Garbage

N.H. Code Admin. R. Ann. Agr 402.01 Garbage to be Cooked or Treated {#sec-agr-402.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 402.01}

(a) All garbage, regardless of previous processing, shall before being fed to swine be heated throughout, on the premises of the farm where such garbage is to be fed to swine, to at least 212 degrees fahrenheit for 30 minutes.

(b) As permitted in RSA 435:36, garbage may be treated in some other manner which shall be approved in writing by the commissioner or the state veterinarian as being equally effective for the protection of public health.

(d) Cooked or treated garbage shall be fed to swine within 24 hours after cooking or treating.

History

#13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

Part Agr 403 Permits

N.H. Code Admin. R. Ann. Agr 403.01 Obtaining a Permit {#sec-agr-403.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 403.01}

(a) No person shall feed garbage to swine on any premises unless the person has been issued a permit from the department for such premises.

(b) Upon receipt of an application for permit on “VS Form 13-15 Application for Licensing of Garbage Treatment Facility, Sep. 88”, which application shall be accompanied by the permit fee set in RSA 435:34, the department shall send an authorized representative familiar with equipment and processes used to cook garbage on swine farms to inspect the premises where the applicant desires to conduct garbage cooking.

(c) If said representative finds that such premises cannot be approved pursuant to this section and regulations promulgated thereunder, the Federal Swine Health Protection Act, 7 U.S.C. sections 3802, 3803, 3804, 3808, 3809, and 3811, and 9 CFR part 166, the representative shall notify the applicant wherein the applicant fails to comply.

(d) If, within 30 days thereafter, the specified defects are remedied and the applicant notifies the department in writing of the corrections, the department shall make a second inspection and proceed as in the case of the original inspection.

(e) No permit granted under this section shall be transferable by the permit holder and each permit shall apply to only one premises, which shall be specified in the application and on the permit.

(f) No permit shall be issued by the department to conduct garbage-feeding, nor shall any place be used for that purpose, unless the department is satisfied that all regulations of the department will be complied with and that all garbage fed to swine will be satisfactorily treated as required by Agr 402.

(g) The entire swine operation of the permit holder at the location shall comply with Agr 400 during the term of the permit.

History

#13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

Part Agr 404 Inspections

N.H. Code Admin. R. Ann. Agr 404.01 Inspections Concerning Cooking and Feeding Garbage to Swine {#sec-agr-404.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 404.01}

(a) The department shall periodically send an authorized representative to inspect the cooking of garbage that is fed to swine.

(b) Inspections shall be documented on a “VS Form 13-16 Garbage Treatment Facility Inspection, Feb. 90” with a copy to be provided to the license holder.

(1) All equipment, utensils, and vehicles used in the collection, transportation, and distribution of garbage to ensure these items are kept and maintained in a sanitary condition at all times;

(2) All containers of raw garbage to ensure they are covered and retained within the enclosure surrounding the cooker, along with all empty containers used in the collection of garbage;

(3) The area surrounding the cooker to ensure it is covered by a roof and enclosed in a manner that allows it to be kept free of remains of previously fed garbage, rubbish, and raw garbage spilled from containers while unloading or filling the cooker;

(4) All records required to be kept under Agr 404.

(d) Any person feeding garbage to animals shall keep records regarding the collection, transportation, and distribution of garbage, and the operation of the equipment and procedure of treating garbage to be fed to animals, and all records required to be kept under Agr 404 shall cover the previous 12 months of operation.

(e) Such inspections shall include a review of the conditions relating to the feeding of garbage to swine. At a minimum, the feeding area shall be constructed so as to allow for efficient cleaning and disinfection.

(f) Such inspections shall include a demonstration that the cooker works as required. This inspection shall be documented on “VS Form 13-9 Inspection Report of Garbage Processing Equipment, Sep 1973” with a copy to be provided to the license holder.

(g) At least once per year, the inspector shall complete the “Swine Health Protection Act Annual Risk Assessment Form – New England, May 2018” with a copy to be provided to the license holder.

(h) No authorized representative of the department shall be impeded or prevented from entering any such premises at reasonable times for the purpose of making such inspections.

History

#13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

Part Agr 405 Handling of Raw Garbage

N.H. Code Admin. R. Ann. Agr 405.01 Handling of Swine Fed Raw Garbage {#sec-agr-405.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 405.01}

(a) Pursuant to RSA 435:36-a, all swine that have been fed garbage that has not been properly cooked or treated shall be quarantined and tested at the owner’s expense for brucellosis, pseudorabies, hog cholera, also known as classical swine fever, and African swine fever.

(b) No swine fed garbage that has not been properly cooked or treated shall be moved into or within New Hampshire unless pursuant to special permission granted in writing by the commissioner at the commissioner’s sole discretion.

(c) Pursuant to RSA 435:36, no indemnity shall be paid for swine which have been fed garbage that has not been properly cooked or treated.

History

#13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

Part Agr 406 Household Garbage Exceptions

N.H. Code Admin. R. Ann. Agr 406.01 Exception for Feeding of Household Garbage to Swine {#sec-agr-406.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 406.01}

Agr 402 thru Agr 405 shall not apply to a person who feeds exclusively his or her own household garbage to swine which are raised for his or her own use.

APPENDIX A

Rule

Specific State Statute the Rule Implements

Agr 401

RSA 435:32; RSA 435:37, I.

Agr 402

RSA 435:36

Agr 403

RSA 435:33, I; RSA 435:34-35

Agr 404

RSA 435:37

Agr 405

RSA 435:36-a

Agr 406

RSA 435:33, II

APPENDIX B: INCORPORATION BY REFERENCE INFORMATION

Rule

Title

Publisher; How to Obtain; and Cost

Agr 403 (b)

VS Form 13-15 Application for Licensing of Garbage Treatment Facility Sep. 88

USDA; copy of form can be obtained from New Hampshire Department of Agriculture, Markets, & Food, Welcome | NH Department of Agriculture, Markets and Food. Cost is $0.25 per hard copy; no charge for electronic copy sent by email.

Agr 403 (c)

Federal Swine Health Protection Act, 7 U.S.C. sections 3802, 3803, 3804, 3808, 3809, and 3811, and 9 CFR Part 166

Can be accessed for free at STATUTE-94-Pg2229.pdf (congress.gov) for Swine Health Protection Act and Code of Federal Regulations (govinfo.gov) for attendant regulations.

Agr 404 (b)

VS Form 13-16 Garbage Treatment Facility Inspection Feb. 90

Agr 404 (e)

VS Form 13-9 Inspection Report of Garbage Processing Equipment Sep 1973

Agr 404 (f)

Swine Health Protection Act Annual Risk Assessment Form – New England, May 2018

History

#13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

Chapter Agr 500 Weekly Market Bulletin

Part Agr 501 Weekly Market Bulletin Purpose and Definitions

N.H. Code Admin. R. Ann. Agr 501.01 Weekly Market Bulletin {#sec-agr-501.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.01}

N.H. Code Admin. R. Ann. Agr 501.02 Weekly Market Bulletin {#sec-agr-501.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.02}

(a)(1)-(16)

N.H. Code Admin. R. Ann. Agr 501.02 Weekly Market Bulletin {#sec-agr-501.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.02}

(b)(1)-(8)

N.H. Code Admin. R. Ann. Agr 501.02 Weekly Market Bulletin {#sec-agr-501.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.02}

(c)-Agr 501.03(aa)

N.H. Code Admin. R. Ann. Agr 501.04 Weekly Market Bulletin {#sec-agr-501.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.04}

-Agr 501.10

N.H. Code Admin. R. Ann. Agr 501.12 Weekly Market Bulletin {#sec-agr-501.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.12}

(from former Agr 501.11)

N.H. Code Admin. R. Ann. Agr 501.13 Weekly Market Bulletin {#sec-agr-501.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.13}

(a)-(c) (from former Agr 501.12(a)-(c))

N.H. Code Admin. R. Ann. Agr 501.14 Weekly Market Bulletin {#sec-agr-501.14 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.14}

-Agr 501.17 (from former Agr 501.13 through Agr 501.16

N.H. Code Admin. R. Ann. Agr 501.01 Purpose {#sec-agr-501.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.01}

The purpose of this chapter is to set forth the requirements for subscribing to, and advertising in, the Weekly Market Bulletin.

History

(See Revision Note at part heading for Agr 501) #6039, eff 7-1-95; ss by #6674, eff 3-1-98, EXPIRED: 3-1-06
#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 501.02 Definitions {#sec-agr-501.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 501.02}

In this chapter the following terms shall have the following definitions:

(a) "Agriculture" means "agriculture" as defined in RSA 21:34-a, II;

(b) "Bulletin" means the "Weekly Market Bulletin", an agricultural news weekly published by the New Hampshire Department of Agriculture, Markets and Food;

(c) "Dealer in equipment" means a person or entity engaging in the manufacture, sale or resale of agricultural equipment or machinery;

(d) "Dealer in livestock" means a person or entity engaging in the business of re-selling livestock but not involved in raising said livestock;

(e) "Dealer in crops” means a person or entity engaging in the business of reselling crops, including hay, forage crops, firewood and cordwood, but not involved in raising said crops;

(f) "Department" means the New Hampshire Department of Agriculture, Markets and Food;

(g) "Farm" means "farm" as defined in RSA 21:34-a, I;

(h) "Farm land and real estate" means real property located in New Hampshire:

(1) Consisting in farms, pastures, woods, timber lots or any combination of these; and

(2) Meeting one of the following descriptions:

a. A tract of land of at least 10 acres actively devoted to agriculture; or

b. A tract of land actively devoted to agriculture which normally yields products having an annual gross value totaling at least $2,500 combined with no more than 10 additional acres of contiguous undeveloped land;

(i) "Farm products" means products grown, raised, produced or processed on a farm; and

(j) "Nursery stock" means any woody or herbaceous plant material being offered for sale, as further defined in Agr 2501.02(i).

History

(See Revision Note at part heading for Agr 501) #6039, eff 7-1-95; ss by #6674, eff 3-1-98, EXPIRED: 3-1-06
#9616, eff 12-22-09 (from Agr 501.01)

Part Agr 502 Weekly Market Bulletin Subscriptions

N.H. Code Admin. R. Ann. Agr 502.01 Subscription to the Weekly Market Bulletin {#sec-agr-502.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 502.01}

(a) A subscription to the bulletin shall be:

(1) For one year or for a maximum of 2 years; and

(2) For full-year periods only and not for a part of a year, beginning with the Wednesday issue one week after the department's receipt of the subscription order.

(b) The price of an annual subscription shall be:

(1) If the bulletin is received by the subscriber through the mail, $28.00; and

(2) If the bulletin is accessed by the subscriber electronically, $22.00.

(1) Delivered by hand to the department's office located in room 220 on the second floor of the State House Annex at:

25 Capitol Street

Concord, New Hampshire;

(2) Mailed to the department at:

PO Box 2042

Concord, New Hampshire 03302-2042;

(3) Telephoned to the department by calling 603-271-2505 and providing credit card information for a Visa® card or a Mastercard® card; or

(4) Ordered on the internet by following the directions appearing on the screen as a result of clicking on the words "Weekly Market Bulletin subscription" which appear on the department's homepage at www.agriculture.nh.gov.

(d) Payment for a subscription shall be:

(1) In cash;

(2) By Visa® card or Mastercard® credit card; or

(3) By money order or check made payable to "Treasurer, State of New Hampshire".

(e) The department shall not refund the price, or any part of the price, of a subscription to the bulletin.

(f) A subscription shall be renewed by any of the methods available for initial subscription.

History

#9616, eff 12-22-09

Part Agr 503 Weekly Market Bulletin Advertising

N.H. Code Admin. R. Ann. Agr 503.01 Topics for Advertising in the Weekly Market Bulletin {#sec-agr-503.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.01}

The department shall accept information for advertising in the bulletin which is about:

(a) The agricultural items and services described in Agr 503.03; and

(b) Coming agricultural events, excluding:

(1) Horse shows;

(2) Trail rides;

(3) Old home days;

(4) Foliage tours; and

(5) Commercially sponsored events.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.02 Advertisement Information Accepted from Certain Advertisers {#sec-agr-503.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.02}

(a) The department shall accept advertising information for any type of advertisement described in Agr 503.01 and Agr 503.03 only from New Hampshire residents who are current subscribers to the bulletin.

(b) The department shall accept advertising information pertaining to their products on a one time in every 4 weeks basis from dealers in equipment, livestock and crops if the dealers are current subscribers and New Hampshire residents.

(c) The department shall accept advertising information about agricultural products and items and about property for sale by out-of-state people and entities if:

(1) The sellers are current subscribers to the bulletin and are not dealers in livestock or equipment;

(2) The products, items or property are located within New Hampshire; and

(3) The New Hampshire location of the products, items or property is specified.

(d) The department shall also accept the following types of advertising information from out-of-state people and entities who are not dealers in livestock or equipment:

(1) "Wanted", that is, information about agricultural products, items and services which are sought;

(2) "Help wanted", that is, agricultural jobs which are available;

(3) "Position wanted", that is, agricultural labor which is available; and

(4) Information about coming events.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.03 Items and Services to be Advertised in the Weekly Market Bulletin {#sec-agr-503.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.03}

(a) The following agricultural products, items and services shall be accepted for advertising in the bulletin:

(1) Farm products, including:

a. Fruits and berries;

b. Vegetables;

c. Hay and grain;

d. Straw and bedding;

e. Silage;

f. Trees and greens;

g. Nursery stock, seeds and plants;

h. Cordwood and lumber;

i. Milk and milk products;

j. Eggs;

k. Honey;

l. Maple products;

m. Loam, manure and fertilizer;

n. Wool and mohair;

o. Hides, skins and pelts; and

p. Meat and meat products;

(2) Farm animals, including but not limited to:

a. Cows, calves, bulls, steers and oxen;

b. Horses;

c. Swine;

d. Sheep and goats;

e. Rabbits;

f. Bees;

g. Poultry, including:

Chickens;
Turkeys;
Ducks;
Geese;
Pheasants; and
Quail;

h. Working farm dogs;

i. Donkeys and mules;

j. Llamas;

k. Fish and other commercial aquaculture products; and

l. Farmed deer and elk;

(3) Tools, supplies and equipment used to:

a. Till the soil or grow farm products; or

b. Process, pack or store agricultural or food products;

(4) Farm land and real estate;

(5) Farm labor, excluding household help;

(6) Auctions of livestock sales, farm equipment and complete farm-dispersal sales;

(7) Trucks and truck parts which are normally used in the course of commercial agricultural operations for the transport of agricultural commodities, livestock, supplies and equipment;

(8) Materials and fixtures suitable for use on agricultural buildings only;

(9) Computerized agricultural equipment and software designed for agricultural purposes;

(10) Tractors, loaders, dozers, spreaders, harvesters, excavators and implements used in agriculture;

(11) Custom farm work, including land clearing and improvement; and

(12) Equipment for the commercial processing of food.

(b) Items not listed above shall be considered for advertising if a clear agricultural use can be demonstrated.

(c) Descriptions of real estate for sale or wanted to buy submitted by real estate agents or brokers shall not be accepted for advertising in the bulletin, even if the real estate is owned by the real estate agent or broker and even if it qualifies as farm land and real estate as defined in Agr 501.02(h).

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.04 General Requirements for the Submission of Advertising Information {#sec-agr-503.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.04}

(a) There shall be no charge for the submission of information for advertisement in the bulletin.

(b) Persons and entities wishing to advertise agricultural items and services in the bulletin shall submit the following information:

(1) A description of the agricultural item or service wanted or offered:

a. Typed or printed legibly; and

b. Stated in 40 words or fewer;

(2) The price sought for a specified unit, number of units or volume of the item or service;

(3) If an item or service is offered in exchange for another item or service, the value of the item or service offered;

(4) If a service is sought, the payment offered for the service;

(5) The name, address and telephone number of the person or entity requesting the advertisement; and

(6) Any additional information required by Agr 503.07 through Agr 503.17.

(1) The information for each advertisement shall be submitted separately, using the advertising classifications ordinarily used by the bulletin; and

(2) Listing the name and address for each advertisement directly after the description of the item or service.

(d) If a person or entity wishes to advertise nursery stock for sale:

(1) The person or entity shall be licensed by the division of plant industry; or

(2) The plant material for sale shall have been inspected by a division inspector and found free of injurious insects and diseases.

(e) Information submitted for bulletin advertising shall be truthful and accurate.

(f) In information submitted for bulletin advertising, the following special terms shall be used only in the following ways:

(1) The terms "native", "local", "locally grown" and "locally produced" shall be used only for farm products grown, raised or produced in New Hampshire;

(2) The term "our own" shall be used only when the information is being submitted for bulletin advertising by the grower or producer of the farm product; and

(3) The term "organic" shall be used only if the product to be advertised for sale has been grown, raised or produced by:

a. An operation certified as organic by a USDA certifier; or

b. An operation which:

Has a gross agricultural income from sales of organic products of $5,000 or less annually; and
Complies with federal requirements for organic production and handling.

(g) Information for bulletin advertising shall be submitted by:

(1) Delivering it to the department's office located in room 220 on the second floor of the State House Annex at:

25 Capitol Street

Concord, New Hampshire;

(2) Mailing it to the department at:

PO Box 2042

Concord, New Hampshire 03302-2042;

(3) Faxing it to the department using the fax number 271-1109; or

(4) E-mailing it the department at marketbulletin@agr.state.nh.us.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.05 Limitations on Advertising {#sec-agr-503.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.05}

(a) Information submitted to the department for bulletin advertising shall be published in a single issue of the bulletin, but the same information may be re-submitted for advertisement in a later non-consecutive issue.

(b) A single advertiser shall be limited to 80 words of advertising in a single calendar month.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.06 Publishing and Editing by the Department; Non-Liability of the Department {#sec-agr-503.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.06}

(a) If advertising information is received by the department before 4 PM on Thursday, the department will make every effort to include it in the following week's bulletin.

(b) The department shall edit and organize for clarity and efficiency all advertising information submitted.

(1) Advertisements for the sale of livestock and farm crops shall have priority over

advertisements for the sale of horse tack, trucks and truck parts and equipment; and

(2) Advertisements not published in the issue for which they were submitted shall be published in the following week's issue.

(d) The department shall not be liable for the success of any transactions made or attempted in response to advertisements in the bulletin.

(e) Sellers entering into transactions as a result of bulletin advertising shall accept checks, part payments and contracts at their own risk.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.07 Information About Raw Milk and Raw Milk Products {#sec-agr-503.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.07}

The information submitted about raw milk and raw milk products shall include the license number authorizing the sale of raw milk and raw milk products issued by the department of health and human services.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.08 Information About Apples and Potatoes {#sec-agr-503.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.08}

The information submitted about apples and potatoes shall include:

(a) The variety, if known; and

(b) The USDA grade, if known.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.09 Information About Eggs {#sec-agr-503.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.09}

The information submitted about eggs shall include the USDA size classification, if known.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.10 Information About Maple Syrup and Maple Flavored Products {#sec-agr-503.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.10}

(a) The information submitted about maple syrup shall include the New Hampshire grade, if known.

(b) The information submitted about maple flavored products shall comply with RSA 429:16, II and III.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.11 Information About Honey, Honey Products and Honey Flavored Products {#sec-agr-503.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.11}

(a) The information submitted about honey and honey products shall include the USDA grade, if known.

(b) The information submitted about honey flavored products shall comply with RSA 429:22, II.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.12 Information About Meat and Meat Products {#sec-agr-503.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.12}

The information submitted about meat and meat products shall include the plant number of the plant where the product was processed and passed inspection by the United States Department of Agriculture.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.13 Information About Non-Water-Fowl Poultry {#sec-agr-503.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.13}

The information submitted about non-water-fowl poultry shall include the following:

(a) For poultry under 20 weeks of age, a photocopy of a veterinary certificate attesting that the birds are from pullorum-free stock; and

(b) For poultry 20 weeks of age or older, a veterinary certificate of negative pullorum test.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.14 Information About Working Farm Dogs and Working Farm Dog Stud Services {#sec-agr-503.14 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.14}

(a) The information submitted about working farm dogs offered for sale shall include:

(1) In the case of a dog a year old or older:

a. Written certification by the owner that the dog is capable of herding and yarding livestock;

b. A description of the dog's skills at herding and yarding; and

c. The livestock species the dog is experienced in herding and yarding.

(2) In the case of a dog younger than a year:

a. Written certification by the owner that the dog is descended from parents which have demonstrated an ability to herd and yard livestock; and

b. A description of the herding and yarding skills of the dog's parents.

(b) The information submitted about working farm dog stud services on offer shall include:

(1) The information specified in (a)(1) above; and

(2) The fee for stud services.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.15 Information About Farm Land and Real Estate {#sec-agr-503.15 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.15}

The information submitted about farm land and real estate offered for sale shall be on a completed department-issued form:

(a) Bearing the notarized signature of the property owner; and

(b) Including the following:

(1) A description of the property to be advertised; and

(2) A statement of certification that:

a. The signer is not a real estate agent or real estate broker; and

b. The signer is the present legal owner of the property described.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.16 Information About Computerized Agricultural Equipment and Software Designed for Agricultural Purposes {#sec-agr-503.16 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.16}

The information submitted about computerized agricultural equipment and software designed for agricultural purposes shall include a description of the equipment or of the capabilities of the software sufficiently detailed to show how the equipment or the software facilitates farm accounting, farm record keeping or farm information management.

History

#9616, eff 12-22-09

N.H. Code Admin. R. Ann. Agr 503.17 Information About Nursery Stock {#sec-agr-503.17 omnilex-key=us-nh-regs-official--agency-agr--Agr 503.17}

The information submitted about nursery stock for sale shall include:

(a) The division of plant and industry nursery license number; or

(b) A statement that the plant material for sale was inspected by a plant industry division inspector on a specified date and found free of injurious insects and diseases.

Appendix

Rule

Statute Implemented

Agr 501

RSA 541-A:7

Agr 502

RSA 541-A:16, I.(b)

Agr 503.01

RSA 425:2, IV.; RSA 425:4, VI.; RSA 425:21-a

Agr 503.02 through Agr 503.04(e)

RSA 541-A:16, I.(b)

Agr 503.04(f)(1)

RSA 426:5

Agr 503.04(f)(2) through Agr 503.10(a)

RSA 541-A:16, I.(b)

Agr 503.10(b)

RSA 429:16, II. and III.

Agr 503.11(a)

RSA 541-A:16, I.(b)

Agr 503.11(b)

RSA 429:22, II.

Agr 503.12 through Agr 503.17

RSA 541-A:16, I.(b)

History

#9616, eff 12-22-09

Chapter Agr 700 Acquisition of Agricultural Land Development Rights

Part Agr 701 Definitions

N.H. Code Admin. R. Ann. Agr 701.01 Act {#sec-agr-701.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.01}

“Act” means RSA 432:18 et seq., pertaining to the acquisition of agricultural land development rights, as amended.

History

#1601, eff 7-1-80; ss by #2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.02 Agricultural land development rights {#sec-agr-701.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.02}

“Agricultural land development rights” means “agricultural land development rights” as defined in RSA 432:18, I.

History

#1601, eff 7-1-80; ss by #2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.03 Agricultural preservation restriction {#sec-agr-701.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.03}

“Agricultural preservation restriction” means “agricultural preservation restriction” as defined in RSA 432:18, II.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.04 Agricultural use {#sec-agr-701.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.04}

“Agricultural use” means “agricultural use” as defined in RSA 432:18, III.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.05 Applicant {#sec-agr-701.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.05}

“Applicant” means the fee simple owner of a site who requests that the state of New Hampshire purchase, release, or modify agricultural land development rights, pertaining to the site.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.06 Commissioner {#sec-agr-701.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.06}

“Commissioner” means the commissioner of agriculture, markets, and food.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.07 Committee {#sec-agr-701.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.07}

“ Committee” means “agricultural lands preservation committee” as defined in RSA 432:18, V.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.08 Conservation commission {#sec-agr-701.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.08}

“Conservation commission” means “conservation commission” as defined in RSA 432:18, VI.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED:7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.09 Filed {#sec-agr-701.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.09}

“Filed” means the actual receipt of a document or application at the committee’s office in Concord in a form consistent with these rules.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.10 Governing body {#sec-agr-701.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.10}

“Governing body” means “governing body” as defined in RSA 432:18, VII.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.11 Municipality {#sec-agr-701.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.11}

“Municipality” means “municipality” as defined in RSA 432:18, VIII.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84: ss by #4098, eff 7-22-86, EXPIRED:7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.12 Site {#sec-agr-701.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.12}

“Site” means “site” as defined by RSA 432:18, IX.

History

#4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 701.13 Soil Potential Index (SPI) {#sec-agr-701.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 701.13}

“Soil Potential Index (SPI)” means the official United States Department of Agriculture, Natural Resources Conservation Service measure of soil productivity under standard conditions as adjusted by the cost of overcoming soil limitations plus any continuing limitations not practical to overcome.

History

#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 702 Applications-Filing Requirements

N.H. Code Admin. R. Ann. Agr 702.01 Applications {#sec-agr-702.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 702.01}

(a) Applications for new sites shall be accepted within 90 days following an announcement made by the committee that applications will be accepted.

(b) For the application to be considered, the proposed site shall be capable of active, productive agricultural use in its current state.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 702.02 Application Filing {#sec-agr-702.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 702.02}

(a) The applicant shall mail a completed application and all attachments to:

(b) Department of Agriculture, Markets, & Food

Office of the Commissioner

PO Box 2042

Concord, NH 03302-2024.

(b) A copy of the application shall be simultaneously mailed to the governing body of the municipality in which the site is located.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 703 New Site Applications

N.H. Code Admin. R. Ann. Agr 703.01 Content of Application {#sec-agr-703.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 703.01}

The applicant shall submit the following in the order listed as part of an application for an agricultural preservation restriction:

(a) Name of applicant’s business or farm;

(b) Name, address, telephone number, fax number, and email address, if available, of the applicant;

(d) Location or address of the proposed site;

(e) Size of the proposed site in acres;

(f) Deed reference of the proposed site, including book and page;

(g) Assessor’s valuation records of the proposed site, including number and lot;

(h) Identification of the site by deed reference or assessor’s records and by a map showing all acreage to be included within the site as well as contiguous acreage, if any, under the same ownership to be excluded from consideration;

(i) A description of the agricultural uses of the proposed site including:

(1) Acreage or quantities of crops grown;

(2) Numbers and kinds of livestock;

(3) Forest products;

(4) Greenhouses; and

(5) Specialty crops;

(j) If acreage is leased to others for agriculture, the following:

(1) The number of acres; and

(2) The remainder of time the lease will be in force;

(k) The following maps:

(1) A United States Department of Agriculture Natural Resources Conservation Service soil map or equivalent of the entire site; and

(2) A map of the site, to scale, that shall include all areas under the same ownership, as detailed below:

a. The map shall contain a north arrow and a scale not larger than 1” =50’ or smaller than 1” =200’;

b. The map shall show areas for which the sale of development rights are proposed, residences and their lots, and other areas to be excluded from the sale of the development right; and

c. A survey as required by Agr 706.01;

(l) A list of the following buildings or structures if they exist on the site and a brief description of their uses:

(1) Barns;

(2) Equipment storage;

(3) Livestock housing;

(4) Milking parlors;

(5) Crop storage;

(6) Processing areas;

(7) Greenhouses;

(8) Roadside stands;

(9) Residence;

(10) Housing for seasonal workers; and

(11) Any other buildings not listed in (1)-(10) above;

(m) A description of the land of the entire farm under the ownership of the applicant and the total acreage to be placed under development restriction, for the following:

(1) Tillable cropland;

(2) Nursery or orchard;

(3) Pasture;

(4) Woodlands;

(5) Other, which shall be specified;

(6) Land occupied by farm buildings;

(7) Land occupied by commercial buildings or residences; and

(8) A description of whether the proposed site will be economically viable for agricultural preservation or preservation for future production if severed from some or all contiguous land currently operated as part of an economically integrated unit;

(n) The following information, as applicable:

(1) Current assessed ad valorem, not current use valuation, obtained from the municipal assessor’s records, of land covered by the submitted proposal and any other contiguous land owned by the applicant;

(2) The property shall be broken down to indicate the number of acres, the value, or both, of each of the following:

a. Farmland;

b. Woodland;

c. Farm buildings;

d. Other buildings;

e. Commercial lots;

f. Residences;

g. Residential lots; and

h. Other, as specified by the applicant;

(3) The property tax rate and tax year; and

(4) Identification and explanation of contingencies, conditions, encumbrances, and liens relative to the proposed site, including:

a. Anything which might affect the retention of land in agriculture, such as death or retirement of the owner, foreclosure, financial stress, or estate settlement;

b. A declaration of fair market value or ad valorem price for the parcel and a value for the development rights to such parcel, such prices to be those at which the applicant is willing to sell; and

c. Any and all liens and encumbrances on such land.

(o) The signature of the applicant.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED:7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 703.02 Language of the Proposed Agricultural Preservation Restriction {#sec-agr-703.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 703.02}

The applicant shall include a draft of the actual deed restriction proposed by the applicant which conforms to the following:

(a) Construction or placing of buildings, except those used for agricultural purposes or for dwellings used for family living by the landowner, shall be permitted when the area is expressly designated in the deed restriction;

(b) Excavation, dredging or removal of loam, sod, peat, gravel, soil, rock, or other mineral substance in such a manner as to adversely affect the site’s future agricultural potential shall be prohibited, and the area within the site where any such activities are permitted shall be expressly designated in the deed restriction;

(c) Other acts or uses detrimental to such retention of the land for agricultural use, including but not limited to allowing soil erosion or growth of brush and woody species onto the land, shall be prohibited, and the grantee shall be expressly authorized after issuing written notice to the grantor to enter the property and correct any nonconforming condition and to assess the expense against the grantor;

(d) Subdivision of the site shall be prohibited;

(e) All other customary rights and privileges of ownership shall be retained by the owner including the right to privacy and to carry out those practices consistent with RSA 21:34-a;

(f) The restriction shall be enforced by an action at law or by injunction or other proceedings in equity and shall entitle representatives of the grantee to enter the land in daylight hours to assure compliance;

(g) The restriction shall be in perpetuity except as released, in whole or part, by the grantee only under the stipulations expressed in RSA 432:24; and

(h) Any additional restrictions proposed by the applicant for the intended purpose of preserving the economic viability of the proposed site for agricultural use.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 703.03 Options for Comment by the Municipality to the Committee {#sec-agr-703.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 703.03}

(a) Within 60 days of the receipt of an application in accordance with Agr 703.01, the governing body of the municipality shall be notified by the committee and invited to submit comments, including the following:

(1) Whether or not the application is recommended by the municipality and the extent to which the municipality desires to participate financially in the purchase of the agricultural land development rights;

(2) Whether the municipality believes that the application is compatible with the following:

a. The master plan;

b. The zoning bylaws;

c. Planned public works; and

d. Applicable local ordinances; and

(b) A recommendation by a governing body that the committee not purchase the development rights or the failure of a governing body to supply the information as outlined in this section shall not prohibit the committee’s consideration of said application.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 704 Duties of the Commissioner-New Site Applications

N.H. Code Admin. R. Ann. Agr 704.01 Acceptance for Filing {#sec-agr-704.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 704.01}

(a) The commissioner shall examine the application for completeness and notify the applicant in writing within 30 days of receipt of the application.

(b) If the commissioner determines that the application is not facially complete, the applicant shall be notified of any apparent errors or omissions and afforded the opportunity to provide the information. If the applicant fails to provide the information required in Agr 703 within 30 days and after being notified of the missing information, the application shall be denied.

(c) If the application is complete, the commissioner shall notify the that it has been accepted for filing within 30 days.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84: ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (formerly Agr 704.01(a) and (b)) (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 704.02 Completed Application {#sec-agr-704.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 704.02}

After the commissioner has notified the applicant that the application is complete, the commissioner shall:

(a) Authorize a field inspection of the land and agricultural area covered by the application including preparation of a preliminary estimate of the probable value of the related agricultural land development rights;

(b) Submit the application to the committee for examination and evaluation according to Agr 705, Criteria for Evaluating New Site Applications; and

(c) Negotiate with the applicant concerning an extension of the agreement not to sell and any other matters germane to the completion of a provisionally approved application;

(d) When appropriate, negotiate with the municipality and execute an agreement between the committee and the municipality as to the financial assistance to be provided by the municipality in the purchase of the development rights; and

(e) Complete the actions in Agr 704.02 (a)-(d) within 60 days, unless the commissioner and the applicant come to a mutually agreeable extension.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84: ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (formerly Agr 704.01(c) and (d)) (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 704.03 Appraisal {#sec-agr-704.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 704.03}

(a) If an application is provisionally approved by the committee, an appraisal shall be conducted according to the following:

(1) The appraisal shall be conducted to determine fair market value by an appraiser certified by the NH real estate appraiser board;

(2) Fair market value shall be determined in accordance with RSA 75:1 and Rev 600;

(3) The committee shall select the appraiser, subject to the approval of the applicant; and

(4) The expense of the appraisal shall be borne by the landowner as required by RSA 432:20,I(c).

(b) The applicant shall file the appraisal report with the committee within 90 days from the date that the provisional approval was granted, or the application shall be denied.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84: ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (formerly Agr 704.02) (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 704.04 Final Approval or Disapproval {#sec-agr-704.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 704.04}

(a) Following completion of the actions described in Agr 704.01 and Agr 704.02, the commissioner shall within 30 days resubmit the application, with a report of such actions, to the committee for final action pursuant to Agr 705 as to whether the funds shall be reserved to purchase the development rights to the site.

(b) Approval shall include reservation of funds for purchase of the agricultural land development rights.

(d) The commissioner shall inform the applicant of the committee’s decision.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84: ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (formerly Agr 704.03) (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 704.05 Application Returned to Municipality {#sec-agr-704.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 704.05}

If a municipality has entered into an agreement with the committee to provide assistance in purchasing agricultural land development rights, the municipality’s share of the cost shall be forwarded to the commissioner for payment at the time of closing.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84: ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (formerly Agr 704.04) (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 704.06 Preparation, Execution, and Recording Before Payment {#sec-agr-704.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 704.06}

Preparation, execution, and recording of the necessary instruments shall be approved by the commissioner before payment for the land agricultural land development rights shall be made.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84: ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (formerly Agr 704.05) (see Revision Note at chapter heading for Agr 700)

Part Agr 705 Criteria for Evaluating New Site Applications-Points Awarded

N.H. Code Admin. R. Ann. Agr 705.01 Evaluation of Applications {#sec-agr-705.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.01}

All applications submitted to the committee shall be evaluated and points awarded according to the criteria listed in subsequent sections of this part.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 705.02 Land Evaluation {#sec-agr-705.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.02}

(a) Each application filed pursuant to Agr 702.01, shall be evaluated to determine the potential suitability of the soils for agricultural production.

(b) The New Hampshire Soil Potential Index (SPI) developed by the U.S. Department of Agriculture Natural Resources Conservation Service shall be used. The commissioner hereby adopts as a rule the Soil Potential Index for Current Use Assessment of Farmland in New Hampshire, published by the U.S. Department of Agriculture, New Hampshire Natural Resources Conservation Service, Dover, NH, dated 2000, available as indicated in Appendix II.

(c) The extent of each soil map unit on the subject property shall be measured and the acreage multiplied by the SPI for that soil.

(d) The resultant values shall be totaled and divided by the total acreage of the application.

(e) The value calculated in (d) above shall be the average SPI for the entire parcel. The average SPI for the parcel shall be multiplied by 0.3 and the product rounded to the nearest whole number, which shall be the number of points assigned to the application under this section.

(f) The maximum possible score for this section shall be 30.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13804, eff 11-9-23; ss by #13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 705.03 Threat of Conversion to a Nonagricultural Use {#sec-agr-705.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.03}

(a) “Conversion” means changing use of the land from agricultural production to such uses as commercial, residential, or industrial development.

(b) “General vicinity” means a distance of more than one and less than 5 miles from the perimeter of the property.

(d) Points for threat of conversion to a nonagricultural use shall be awarded as follows:

(1) Evidence of conversion of agricultural land in the immediate vicinity within the previous 5 years shall qualify the application for 5 points;

(2) Evidence of conversion of agricultural land in the general vicinity within the previous 5 years shall qualify the application for 5 points; and

(3) Active negotiation or existing discussion for sale of property in order to use the land for nonagricultural purpose shall qualify the application for 5 points.

(e) Evidence or documentation shall be submitted in order to qualify for points under (d)(3) above, such as a copy of a written offer or names of the prospective buyers.

(f) The maximum points awarded for this section shall be 15.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 705.04 Cost of Development Rights {#sec-agr-705.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.04}

(a) The cost of development rights shall be measured as a ratio between the applicant’s declared fair market or ad valorem value for the land and the applicant’s declared value for the development rights to the parcel, as expressed in the formula below:

Declared development rights value = ratio %

Declared fair market value

(b) Points shall be awarded according to Table 700-1, Points Awarded for Cost of Development Rights below:

TABLE 700-1 Points Awarded for Cost of Development Rights

Ratio %

Points Awarded

1%-62%

62%-64%

64%-66%

66%-68%

68%-70%

70%-72%

72%-74%

74%-76%

76%-78%

78%-80%

80%-82%

82%-84%

84%-86%

86%-88%

88%-90%

90%-99%

(d) The maximum points awarded for this section shall be 15.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 705.05 Economic Viability {#sec-agr-705.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.05}

(a) The committee shall evaluate the economic viability and supporting services to maintain agricultural production.

(b) Availability of wholesale and retail markets for commercial products and supplies and services required for agricultural production shall qualify the application for 5 points.

(1) A list of where and how the agricultural products produced on the land are marketed; and

(2) A list of the major sources of supplies, such as seeds, fertilizers, feed, and equipment, such as purchase and repair, necessary to maintain the agricultural production.

(d) Concentration of farm and agricultural activity shall qualify the application for 5 points.

(e) The maximum points awarded for this section shall be 10.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 705.06 Agricultural Activity {#sec-agr-705.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.06}

(a) The committee shall evaluate current and recent usage of the land for agricultural production.

(b) A maximum of 5 points shall be awarded, according to the following criteria:

(1) Land presently in production with crops harvested or to be harvested in the current calendar year shall qualify the application for 5 points;

(2) Land from which crops were harvested in the previous calendar year but which is not planted or to be planted in the current calendar year shall qualify the application for 4 points;

(3) Land which has not been tilled, fertilized, or maintained in crop production for the past 3 calendar years but for which there are no impediments to an immediate return to normal agricultural production shall qualify the application for 3 points;

(4) Land which has not been tilled, fertilized, or maintained in the last 5 years and which will require minimal improvements to restore suitability for normal agricultural production shall qualify the application for 2 points; and

(5) Land idle for more than 5 years and requiring substantial improvements to restore suitability for normal agricultural production shall qualify the application for one point.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 705.07 Additional Financial Participation {#sec-agr-705.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.07}

Financial participation by counties, cities, towns, charitable organizations, or trusts shall qualify the application for up to 15 points, and shall receive one point for each 4 percent of the total cost assumed by the participating entity.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

N.H. Code Admin. R. Ann. Agr 705.08 Gift of Easement or Other Deed Restrictions {#sec-agr-705.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 705.08}

Applicants offering to make gifts of preservation or conservation easements or other deed restrictions to additional land shall receive up to 10 additional points according to the following schedule:

(a) Gifts of up to 20 percent of value of agricultural land development rights proposed to be sold shall qualify the application for 5 points; and

(b) Each additional 10 percent shall qualify the application for one point.

History

#4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 706 Closing Requirements-New Applications

N.H. Code Admin. R. Ann. Agr 706.01 Obligations of Grantor {#sec-agr-706.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 706.01}

(a) Before the committee shall relinquish the consideration to be paid for an agricultural preservation restriction, the grantor shall produce a current survey of the site.

(b) All costs for this survey shall be borne by the landowner.

(c) The survey shall be made by a New Hampshire licensed surveyor and shall be in a form which will allow it to be recorded in the registry of deeds with the grantor’s deed.

(d) Development rights shall be recorded in the appropriate registry of deeds by an official of the municipality administering the site.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 707 Release of Agricultural Preservation Restriction

N.H. Code Admin. R. Ann. Agr 707.01 Restriction Released by Committee {#sec-agr-707.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 707.01}

(a) The agricultural preservation restriction placed on a particular site shall be released by the committee only if the site is no longer suitable for agricultural production.

(b) In making the determination to release under (a) above, the committee shall require the following:

(1) The owner of the site shall submit a request for the release of the agricultural preservation restriction to the commissioner and a copy of such request to the governing body of the municipality in which the site is located;

(2) The request shall state why the site is no longer suitable for agricultural purposes;

(3) The governing body shall, within 60 days of receipt of its copy of the request for release, inform the commissioner whether it recommends the request for release;

(4) In considering the request, the governing body shall take into consideration any comments offered by the:

a. Conservation commission;

b. Conservation district;

c. Planning board; and

d. Town or city manager or mayor;

(5) Failure of the governing body to make a recommendation shall not prohibit committee’s consideration of the request;

(6) The committee shall hold a public hearing conducted as follows:

a. The committee shall conduct a public hearing on the request in accordance with RSA 432:24;

b. The public hearing shall be held in the municipality where the site is located;

c. A notice of the hearing shall specify the grounds for the hearing as well as the date, time, and place.

d. At least 14 days in advance of the hearing a notice of the time and place of such hearing shall be published in a paper of general circulation in the municipality and a legal notice thereof posted in at least 3 public places in such city or town;

e. The 14 days shall not include Saturdays, Sundays, and legal holidays within the period; and

f. At least 2 committee members shall sit on the hearing panel;

(7) Within 7 days of the date of the conclusion of the hearing, the committee shall vote to determine whether the site is no longer suitable for agricultural use;

(8) If the committee votes to approve the request to release the development rights, the owner shall pay the state of New Hampshire a sum of money which is not less than the difference between the fair market value of such land at the time of release and the fair market value of such land restricted for agricultural purposes at the time the development rights were acquired by the state;

(9) The appraisal to determine the values in (8) above shall be:

a. Determined by an appraiser chosen and compensated as set forth in Agr 704.02; and

b. Completed within 120 days of the date of the committee vote to approve the request for release of the development rights; and

(10) Once all of the foregoing provisions of this section have been completed, the request shall be submitted to the governor and council by the commissioner in accordance with RSA 432:31-a.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 708 Permission for Construction on or Alteration of Site

N.H. Code Admin. R. Ann. Agr 708.01 Permission for Construction on or Alteration of Site {#sec-agr-708.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 708.01}

(a) Construction of agricultural buildings or dwelling houses for the owner, operator, or employees of a farm situated on a site or alteration of a site shall require approval of the committee.

(b) The owner of the site shall submit a request for approval for construction or alteration to the commissioner and a copy of such request to the governing body of the municipality in which the site is located which includes:

(1) The name of the owner and the location of the site;

(2) A description of the construction or alteration being proposed; and

(3) A map of the site showing the location of the proposed construction or alteration.

(c) Within 30 days of the receipt of a request for permission for construction on or alteration of the site the committee shall conduct a public hearing in accordance with RSA 541-A.

(d) The committee shall decide, upon the evidence presented at the hearing, whether the request conforms to the provisions of the restriction and whether construction on or alteration of the site shall be approved.

(e) Within 7 days of the hearing, the committee shall inform the owner and the governing body of the municipality in writing of its decision whether to grant the request.

History

#1601, eff 7-1-80; ss by # 2237, eff 1-1-83; ss by #2887, eff 10-22-84; ss by #4098, eff 7-22-86, EXPIRED: 7-22-92
#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 709 Request for Reconsideration

N.H. Code Admin. R. Ann. Agr 709.01 Dissatisfaction with Action of Committee {#sec-agr-709.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 709.01}

(a) If the applicant or the municipality is dissatisfied with the action of the committee in approving or disapproving an application, either party may request that the committee reconsider its action. The request for reconsideration shall be made to the committee within 30 days after receipt of the committee’s initial decision.

(b) The committee, within 60 days after receipt of such a request, shall reconsider the application in the light of such relevant and supplementary information presented to it.

History

#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Part Agr 710 Monitoring Agricultural Preservation Restrictions

N.H. Code Admin. R. Ann. Agr 710.01 Monitoring {#sec-agr-710.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 710.01}

(a) The committee or its delegate shall view each parcel subject to agricultural preservation restrictions not less than once every 2 years to assure that its use complies with the deed restrictions, the rules of the committee, and applicable law.

(b) The committee or its delegate shall prepare a written inspection report to be placed on file within 60 days from the date of inspection.

(c) The committee, pursuant to RSA 432:22, V, shall delegate responsibility for monitoring under this section to the conservation commission in the municipality, or the conservation district, in which the parcel is situated, or to the commissioner, if the committee determines that delegating monitoring responsibility will more efficiently provide this function.

APPENDIX I

Rule

Specific State Statute the Rule Implements

Agr 701

RSA 432:21, II

Agr 702

RSA 432:21, III & IV

Agr 703

RSA 432:21, III

Agr 704

RSA 432:21, III

Agr 705

RSA 432:21, II & IV

Agr 706

RSA 432:21, III

Agr 707

RSA 432:21, IV

Agr 708

RSA 432:21, IV

Agr 709

RSA 432:21, III & IV

Agr 710

RSA 432:22, V

Appendix II Incorporation by Reference Information

Rule

Material Incorporated

How Material May be Obtained and Costs

Agr 705.02

Soil Potential Index for Current Use Assessment of Farmland in New Hampshire

U.S. Department of Agriculture, New Hampshire Natural Resources Conservation Service, 273 Locust Street, 2D

Dover, NH 03820

Phone 603-868-7581

www.nrcs.usda.gov/resources/data-and-reports/statewide-soil-information-new-hampshire

Cost: The document is available on the website to the public at no cost.

History

#7463, eff 3-21-01, EXPIRED: 3-21-09
#13910, eff 3-21-24 (see Revision Note at chapter heading for Agr 700)

Chapter Agr 900 Standards for Farm Products: Brands, Labels, Grades

Part Agr 901 Apples

N.H. Code Admin. R. Ann. Agr 901.01 Apples {#sec-agr-901.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 901.01}

Requirements for production, sale, and marketing of apples in New Hampshire shall be as those promulgated by the U.S. Department of Agriculture under Title 7 CFR Part 51, Subparts B and C.

History

#4067, eff 6-5-86; ss by 4547, eff 12-16-88, EXPIRED: 12-16-94
#6170, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 901.02 Standards for Farm Products: Brands, Labels, Grades {#sec-agr-901.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 901.02}

History

#4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

N.H. Code Admin. R. Ann. Agr 901.03 Grades {#sec-agr-901.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 901.03}

History

#4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

N.H. Code Admin. R. Ann. Agr 901.04 Standards for Farm Products: Brands, Labels, Grades {#sec-agr-901.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 901.04}

– Agr 901.05

History

#4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

N.H. Code Admin. R. Ann. Agr 901.06 Tolerances {#sec-agr-901.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 901.06}

History

#4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

N.H. Code Admin. R. Ann. Agr 901.07 Standards for Farm Products: Brands, Labels, Grades {#sec-agr-901.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 901.07}

– Agr 901.10

History

#4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

Part Agr 903 Honey

N.H. Code Admin. R. Ann. Agr 903.01 Purpose {#sec-agr-903.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 903.01}

The rules in this part implement the procedures of the department of agriculture, markets, and food, pursuant to RSA 429:13-27.

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 903.02 Applicability {#sec-agr-903.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 903.02}

The rules in this part apply to any person who labels for shipment, packs, sells, offers for sale, exposes for sale, distributes, handles, or produces honey or honey products in New Hampshire.

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 903.03 Definitions {#sec-agr-903.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 903.03}

(a) “Honey ,” “liquid or extracted honey”, “strained honey”, or “pure honey” means “honey”,

“liquid or extracted honey”, “strained honey”, or “pure honey” as defined in RSA 429:13, VII, namely “the nectar of plants that has been transformed by and is the natural product of the honeybee, either in the honeycomb, or taken from the honeycomb and marketed in a liquid, crystallized or granulated condition.”

(b) “Honey products” means “honey products” as defined in RSA 429:13, VII-a, namely “only honey, liquid or extracted honey, strained honey, pure honey, comb honey, chunk honey, creamed honey, or any other product in which the sugar content is entirely derived from pure honey and to which nothing has been added.”

(c) “Person” means “person” as defined in RSA 429:13, XV, namely “any individual, firm, partnership, corporation, association, cooperative or business trust.”

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 903.04 Honey Grades {#sec-agr-903.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 903.04}

The grades for honey shall be those as promulgated by the United States Department of Agriculture (USDA), Agricultural Marketing Service, (AMS), as provided in “United States Standards for Grades of Extracted Honey”, AMS 52, effective May 23, 1985 available as noted in Appendix II.

History

#6977, eff 4-21-99, EXPIRED: 4-21-07
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 903.05 Ungraded Honey {#sec-agr-903.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 903.05}

Packages of ungraded honey may be offered for sale or distribution provided that the label uses either the term "ungraded" or the term "not graded."

History

#6977, eff 4-21-99, EXPIRED: 4-21-07
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 903.06 Labeling {#sec-agr-903.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 903.06}

(a) All honey or honey product labels shall meet the requirements of RSA 429:20-23 and comply

with all applicable federal and state laws relating to consumer fraud.

(b) All labels shall be clear and legible.

(c) No honey shall be labeled as being a New Hampshire product, or labeled in any manner which could imply that the honey was produced in New Hampshire, unless all hives from which honey was gathered were located within the state of New Hampshire during the entirety of nectar collection and entirely harvested, processed, and packaged in New Hampshire.

History

#6977, eff 4-21-99, EXPIRED: 4-21-07
#14550, eff 4-1-26, EXPIRES: 4-1-36

Part Agr 904 Maple Syrup

N.H. Code Admin. R. Ann. Agr 904.01 Purpose {#sec-agr-904.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.01}

These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 429:13-27, relative to grading, labeling, packaging, and sale of maple products in New Hampshire.

History

#1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90
#4956, eff 10-19-90; EXPIRED 10-19-96
#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14; ss by #14225, eff 3-29-25

N.H. Code Admin. R. Ann. Agr 904.02 Applicability {#sec-agr-904.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.02}

These rules shall apply to any person who produces, packages, or distributes maple products for sale or distribution in the state.

History

#1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90
#4956, eff 10-19-90; EXPIRED 10-19-96
#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14; ss by #14225, eff 3-29-25

N.H. Code Admin. R. Ann. Agr 904.03 Definitions {#sec-agr-904.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.03}

The following words shall have the meanings indicated when used in this part:

(a) “Act” means RSA 429:13-27;

(b) “Baume” means a measurement that relates the density of a liquid to that of a salt solution;

(d) “Buddy” means the unpleasant flavor characteristics of syrup or sugar made from sap collected from maple trees as they come out of dormancy, just prior to and during the onset of bud break. The term includes “buddiness”;

(e) “Bulk maple syrup” means “bulk maple syrup” as defined in RSA 429:13, III, namely “maple syrup packed in containers of more than one gallon”;

(f) “Clean” means that the syrup is practically free from foreign material;

(g) “Color comparator” means any device that compares an unknown color with that of a standard color sample for comparison purposes or by the use of a digital device which measures the percent of light transmission through the syrup;

(h) “Color standards” means the standards for maple syrup as set in Agr 904.05 based on a color comparator or spectrophotometer;

(i) “Commercial sugarmaker” means “commercial sugarmaker” as defined in RSA 429:13, III-a, namely “a person who collects or purchases maple sap for maple production and sale”;

(j) “Damage” means any defect that affects the purity, safety, color, appearance, flavor, aroma, edibility, or shipping quality of the maple syrup or maple products, including the presence of fermentation, or any buddy flavor, scorched flavor, bitter flavor, or other distasteful foreign flavor, or disagreeable odor;

(k) “Delicate” means mild maple taste;

(l) “Light transmission” means the ability of maple syrup to transmit light as determined optically by means of a color transmission spectrophotometer;

(m) “Maple packer” means “maple packer” as defined in RSA 429:13, VII-b, namely “a person who purchases and packs or further processes maple syrup for sale”;

(n) “Maple products” means “maple products” as defined in RSA 429:13, VIII, namely “only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added.” Such products might be subjected to the use of filter aids used for the sole purpose of assisting the removal of suspended material or the use of defoaming agents intended for food processing;

(o) “Maple syrup” means “maple syrup” as defined in RSA 429:13, XII, namely “syrup made from pure maple sap and intended for human consumption or for use in the manufacture of maple products ;

(p) “Packaged maple syrup” means maple syrup packed in containers of one gallon or less;

(q) “Plainly and conspicuously” means that the lettering used to cover information required by the law on markings is large and legible enough so as not to be obscured by other markings or illustrations used;

(r) “Practically clear” means slight presence in suspension of fine particles of mineral matter, such as malate of lime, niter, sugar sand, or other substances that detract from the clearness of the syrup;

(s) “Practically free” means slight presence of foreign material such as bark, soot, dust, or dirt;

(t) “Product code” means any distinctive combination of letters, numbers, or symbols from which the origin of the manufacture, processing, packing, holding, and distribution of a batch or lot of syrup can be determined;

(u) “Pure maple syrup” means maple syrup that might be produced with the use of filter aids used for the sole purpose of assisting the removal of suspended material or the use of defoaming agents intended for food processing;

(v) “Rich” means a full-bodied maple taste of medium intensity;

(w) “Robust” means stronger maple taste than the lighter colors; and

(x) “Strong” means a maple taste that is stronger than robust.

History

#1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90
#4956, eff 10-19-90; EXPIRED 10-19-96
#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14; ss by #14225, eff 3-29-25

N.H. Code Admin. R. Ann. Agr 904.04 Density {#sec-agr-904.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.04}

Maple syrup shall have a density ranging from 36 to 37 degrees Baume or 66.9 to 68.9 degrees Brix at 60 degrees Fahrenheit.

History

#2656, eff 3-23-84, EXPIRED 3-23-90
#4956, eff 10-19-90; EXPIRED 10-19-96
#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14; ss by #14225, eff 3-29-25

N.H. Code Admin. R. Ann. Agr 904.05 Color Standards {#sec-agr-904.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.05}

(a) Color standards with the equivalent results to the following light transmittance values (%Tc) on a spectrophotometer shall be as follows:

(1) “Golden” ≥75.0;

(2) “Amber” 50.0-74.9;

(3) “Dark” 25.0-49.9; and

(4) “Very Dark” <25.0.

(b) A color comparator or digital color transmission spectrophotometer shall be used for determining the color grade of maple syrup.

History

#2656, eff 3-23-84, EXPIRED 3-23-90
#4956, eff 10-19-90; EXPIRED 10-19-96
#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14 (from Agr 904.04); ss by #14225, eff 3-29-25 (formerly Agr 904.04)

N.H. Code Admin. R. Ann. Agr 904.06 Maple Syrup Grades Established {#sec-agr-904.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.06}

Grades and characteristics for maple syrup shall be as specified in (a) through (e):

(a) For “Grade A Golden Color, Delicate Taste” the following shall apply:

(1) The syrup is clean and practically clear or better;

(2) The color is golden;

(3) The syrup is free from damage; and

(4) The syrup might have a delicate flavor;

(b) For “Grade A Amber Color, Rich Taste” the following shall apply:

(1) The syrup is clean and practically clear or better;

(2) The color is amber;

(3) The syrup is free from damage; and

(4) The syrup might have a rich flavor;

(1) The syrup is clean and practically clear or better;

(2) The color is dark;

(3) The syrup is free from damage; and

(4) The syrup might have a robust flavor;

(d) For “Grade A Very Dark, Strong Taste” the following shall apply:

(1) The syrup is clean and practically clear or better;

(2) The color is very dark;

(3) The syrup is free from damage; and

(4) The syrup might have a strong flavor; and

(e) For “Processing Grade” the following shall apply:

(1) The syrup is pure maple syrup that might have objectionable odors or flavors;

(2) The syrup is not graded as Grade A;

(3) The syrup is not placed in packaged maple syrup containers and is not to be sold, offered for sale, or exposed for sale as packaged maple syrup; and

(4) The syrup is designated or labeled as “Processing Grade”.

History

#1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90
#4956, eff 10-19-90; EXPIRED 10-19-96
#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14 (from Agr 904.05); ss by #14225, eff 3-29-25 (formerly Agr 904.05)

N.H. Code Admin. R. Ann. Agr 904.07 Tolerances for Established Grades {#sec-agr-904.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.07}

In order to allow for variations incident to proper grading and handling, not more than 10 percent by count of the packaged maple syrup in any lot shall have syrup below the requirements for the grade, provided:

(a) There shall be no damage;

(b) None of the syrup shall be darker than the color standard than that which is required of the next darker grade;

(c) None of the syrup shall be lighter than the color standard than that which is required of the next lighter grade; and

(d) None of the syrup shall be outside the range of density identified in Agr 904.04.

History

#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14 (from Agr 904.06); ss by #14225, eff 3-29-25 (formerly Agr 904.06)

N.H. Code Admin. R. Ann. Agr 904.08 Labeling {#sec-agr-904.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.08}

(a) Any maple syrup, maple product, maple flavored product, or artificial maple flavored product label shall comply with applicable federal and state statutes, regulations, and rules, relating to labeling and consumer fraud.

(b) Artificial maple flavored products shall be clearly and conspicuously labeled on their principal display panel or panels with the term “artificial flavor” and meet the requirements of RSA 429:17.

(1) The letters or words “artificial flavor” shall be of a size equal to, or larger than, other words used to describe the product;

(2) The terms, “maple syrup” or “maple sugar”, however modified, shall not be used to describe an artificially-flavored product; and

(3) Any restaurant menu listing such a product, or any advertising of such a product, shall clearly state that the product is artificially flavored, pursuant to RSA 429:17.

(d) Persons wishing to determine whether the labels for maple products comply with the terms of the law and these rules shall submit a copy of such labels to the department of agriculture, markets, and food prior to their printing and use. If the label complies with the terms of the law and these rules, the department shall certify its compliance with the provisions of the law.

History

#6453, eff 2-15-97, EXPIRED: 2-15-05
#10744, eff 12-16-14 (from Agr 904.07); ss by #14; ss by #14225, eff 3-29-25 (formerly Agr 904.07)

N.H. Code Admin. R. Ann. Agr 904.09 Containers {#sec-agr-904.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.09}

(a) All sap collecting and storage containers shall be of materials meant for food or potable water.

(b) All containers of packaged maple syrup shall:

(1) Be hot packed at a temperature of 180-190 degrees F;

(2) Be packed in containers made from food grade material;

(3) Have tamper evident seals placed over the container openings, which means it would be readily apparent if it was previously opened; and

(4) Include a product code.

(1) Be clean;

(2) Be sanitary;

(3) Be free from rust;

(4) Not contain, or be constructed of, any substance which could tend to damage the color, flavor, marketability, purity, or safety of the maple syrup; and

(5) Be stored, prior to use, in a manner that prevents contamination.

(d) Maple syrup shall not be packed in or found to be in cracked, punctured, bulged, rusty, or unsanitary containers which are unsealed or improperly sealed.

History

#10744, eff 12-16-14 (from Agr 904.08); ss by #14225, eff 3-29-25 (formerly Agr 904.08)

N.H. Code Admin. R. Ann. Agr 904.10 Bulk Maple Syrup {#sec-agr-904.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.10}

(a) Bulk maple syrup sold directly to consumers, restaurants, or any other market where the syrup is not further processed before purchase by the consumer shall meet the same density standards as packaged maple syrup set forth in Agr 904.04.

(b) Bulk maple syrup sold directly to consumers, restaurants, or any other market where the syrup is not further processed before purchase by the consumer shall be labeled with the same information required by RSA 429:14.

(c) When the density of bulk maple syrup does not fall within the range set forth in Agr 904.04, the container shall be clearly marked “Notice- The syrup contained herein fails to meet state density standards. The density is ____ points Baume at 60 degrees Fahrenheit.” The accurate density for the syrup within the bulk container shall be stated.

History

#10744, eff 12-16-14; ss by #14225, eff 3-29-25 (formerly Agr 904.09)

N.H. Code Admin. R. Ann. Agr 904.11 Voluntary Registration {#sec-agr-904.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 904.11}

(a) New Hampshire maple packers and commercial sugarmakers may register the name of the farm or business with the New Hampshire department of agriculture, markets, and food. The application for registration shall be completed and submitted on the “Maple Producer-Voluntary Registration Form”, furnished by the commissioner, as amended 3-25.

(b) Following receipt of a completed registration form, the department shall provide each registrant with a “Voluntary Registration Certificate” which may be displayed by the registrant or not at their option.

History

#14225, eff 3-29-25 (formerly Agr 904.10)

Part Agr 905 Eggs

N.H. Code Admin. R. Ann. Agr 905.01 Eggs {#sec-agr-905.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 905.01}

“Eggs” means “eggs” as defined in RSA 428:22, IV, namely “hens’ eggs.”

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 905.02 Size {#sec-agr-905.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 905.02}

Size of all eggs for human consumption, which are sold, offered, exposed, or advertised for sale at retail or wholesale, or exchanged or distributed at retail or wholesale, within the state in bulk, or in open or closed packages or containers, shall be plainly and conspicuously marked and identified with the size or weight class, established by the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), as AMS 56, “United States Standards, Grades and Weights Classes for Shell Eggs”, effective July 20, 2000 available as noted in Appendix II.

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 905.03 Sale as Fresh {#sec-agr-905.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 905.03}

The words “fresh”, “native”, “hennery”, “nearby”, “new laid”, or any other words or descriptions of similar import shall only be used on packaging or advertisement to sell, offer for sale, exchange, or distribute eggs that meet USDA Grade A or AA standards as set forth in the U.S. Department of Agriculture, Agricultural Marketing Service, as AMS 56, “United States Standards, Grades and Weights Classes for Shell Eggs”, effective July 20, 2000, and determined by candling.

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 905.04 Candling {#sec-agr-905.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 905.04}

Candling means, “candling”, as defined in RSA 428:22, III, namely “the common practice of examining the interior of an egg by holding and twirling the same before a bright light passing through an aperture in an opaque shield.”

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

Part Agr 907 Cider

N.H. Code Admin. R. Ann. Agr 907.01 Purpose {#sec-agr-907.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 907.01}

The rules in this part implement the procedures of the department of agriculture, markets, and food, pursuant to RSA 426:13-17.

History

#6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 907.02 Applicability {#sec-agr-907.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 907.02}

The rules in this part apply to any person who manufactures, blends, labels, distributes, sells, or offers for sale, cider in New Hampshire.

History

#6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 907.03 Definitions {#sec-agr-907.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 907.03}

(a) “Cider” means “cider” as defined in RSA 426:13, I, namely “the unfermented juice

of apples.”

(b) “Cider blend” means cider blended with natural juices derived from fruit other than

apples.

commissioner of the department of agriculture, markets, and food” or the commissioner’s authorized agent.

(d) “Pasteurization” means processing cider in a manner proven to effectively reduce

harmful microbial populations to a level that does not cause foodborne illness.

(e) “Person” means “person” as defined in RSA 426:13, III, namely “any individual,

firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.”

History

#6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 907.04 Additives and Adulterations {#sec-agr-907.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 907.04}

Cider shall not be adulterated with sweeteners,

flavorings, water, or additives except:

(a) Approved chemical preservatives consistent with its use in provisions of the U.S. Food and Drug Administration’s regulations under 21 CFR 582, Subpart D; and

(b) The natural fruit juices required to make a cider blend, and labeled in accordance with Agr 907.05(d).

History

#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 907.05 Labeling {#sec-agr-907.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 907.05}

(a) Any container of cider or cider blend sold in New Hampshire shall bear a label

that:

(1) Clearly identifies its producer via name and current address;

(2) Conspicuously and accurately describes the volume of its contents;

(3) Includes the term “pasteurized” on the label if the cider has been pasteurized; and

(4) Includes either the term “not pasteurized” or the term “unpasteurized” on the label if the cider has not been pasteurized.

(b) All labels shall be clear and legible and shall comply with applicable federal and state

statutes relating to labeling and consumer fraud.

labeled in any manner which could imply that the cider or cider blend was produced in New Hampshire, unless all apples or other fruit used were grown in New Hampshire and cider produced entirely within the state of New Hampshire.

(d) Containers with cider blend shall:

(1) Be plainly and conspicuously labeled with the words “Cider Blend;”

(2) Contain the word “Blend” in letters of equal size and prominence and

immediately following or immediately beneath the word “Cider;” and

(3) Include an “ingredient statement” on the principal display panel listing

the names of the natural juices present. The juices shall be named in declining order of predominance.

(e) All cider sold directly to consumers, restaurants, or any other market where cider is not further processed before purchase by the consumer shall be labeled with the same information required on containerized cider. However, the labeling requirements shall not apply to cider containers less than 1-gallon used solely for transportation or storage of cider prior to being processed or packaged for consumer sales.

(f) Any person providing cider for public consumption, if not done so via a labeled container, shall display a clearly visible sign displaying the same information required on containerized cider.

History

#6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05
#14550, eff 4-1-26, EXPIRES: 4-1-36

Part Agr 908 Grading and Certification or Stamping of Native Lumber

N.H. Code Admin. R. Ann. Agr 908.01 Purpose {#sec-agr-908.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.01}

The rules in this part implement the procedures of the department of agriculture, markets, and food, pursuant to RSA 426:18-20, allowing builders in municipalities that regulate the use of native lumber to use native lumber without the stamp of a grading agency when the lumber is graded and certified by a grader employed by a New Hampshire wood processing mill.

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 908.02 Scope {#sec-agr-908.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.02}

The rules in this part shall apply to any sawmill which processes native lumber for sale in the state and chooses to participate in this program.

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 908.03 Definitions {#sec-agr-908.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.03}

The following words shall have the meanings indicated when used in this chapter:

(a) “Grader” means any person who has satisfied the requirements of Agr 908.07 and is

certified by the department;

(b) “Location of use” means the address of intended use for the lumber;

of New Hampshire;

(d) “Purchaser” means a builder, agent, or owner who buys native lumber from a

sawmill;

(e) “Sawmill” means a mill registered in accordance with RSA 227-I:9; and

(f) “When required” means when native lumber is to be used in a municipality which

has adopted a building code which requires regular grade stamped lumber.

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 908.04 Certification of Native Lumber {#sec-agr-908.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.04}

(a) Native lumber shall be certified in accordance with the requirements of this section.

(b) A sawmill shall sell or provide native lumber directly to the purchaser for use in a

specified structure.

“Native Lumber Certification Form,” as described in Agr 908.06, that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade in accordance with the conditions of the American Softwood Standard PS 20-70, as amended, provided that the lumber for use in load bearing wall members shall at the minimum be of stud grade pursuant to RSA 426:18, II(a).

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 908.05 Stamping of Native Lumber {#sec-agr-908.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.05}

A sawmill selling native lumber may stamp such lumber, in addition to certifying the native lumber pursuant to Agr 908.04.

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 908.06 Native Lumber Certification Form {#sec-agr-908.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.06}

(a) The “Native Lumber Certification Form,” effective 3-31-26, when required, shall be completed by a representative of the sawmill and signed by a grader permitted in accordance with this section for every order of native lumber sold.

(b) The “Native Lumber Certification” form shall include:

(1) The species of lumber to be sold;

(2) The quantity sold in board feet;

(3) The full address of the location of use;

(4) An indication of whether the lumber is green or dry;

(5) The name and location of the sawmill;

(6) The name of the permitted grader; and

(7) The date of sale.

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 908.07 Permitting of Native Lumber Graders {#sec-agr-908.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.07}

(a) In order to receive a native lumber grading permit, the prospective grader shall:

(1) Review the New Hampshire Native Lumber Law Self-Study Booklet, 2016 edition, issued by the university of New Hampshire cooperative extension available as noted in Appendix II, in the subject of grading standards; and

(2) Demonstrate competency by passing the native lumber grading test, pursuant to Agr 908.08.

(b) The native lumber grading permit shall be effective for 5 years, at which time the grader may renew the permit by completing the steps in Agr 908.07(a).

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

N.H. Code Admin. R. Ann. Agr 908.08 Native Lumber Grading Test {#sec-agr-908.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 908.08}

(a) Testing shall be administered by the university of New Hampshire cooperative extension.

(b) Competency in native lumber grading shall be demonstrated by the prospective grader who can attain a cumulative score of 80% or higher on the exam of which they score 100% on the grading component which distinguishes No. 2 or better grades from lesser grades of native lumber of different softwood species, and of random lengths, widths, and defects.

History

#6171, eff 1-24-96, EXPIRED: 1-24-04
#14550, eff 4-1-26, EXPIRES: 4-1-36

Chapter Agr 1000 Seal of Quality

Part Agr 1001 Purpose and Scope

N.H. Code Admin. R. Ann. Agr 1001.01 Purpose {#sec-agr-1001.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1001.01}

These rules implement the procedures of the department of agriculture, markets, and food pursuant to RSA 426:1 through RSA 426:17, and provide quality standards for farm products to be met for the use of the state of New Hampshire seal of quality design in connection with the sale of those farm products.

History

#2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90
#5196, eff 7-31-91, EXPIRED 7-31-97
#6734, eff 4-21-98, EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

N.H. Code Admin. R. Ann. Agr 1001.02 Scope {#sec-agr-1001.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1001.02}

These rules shall apply to any New Hampshire agricultural producer who elects to participate in the seal of quality program.

History

#2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90
#5196, eff 7-31-91, EXPIRED 7-31-97
#6734, eff 4-21-98, EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Part Agr 1002 General Requirements

N.H. Code Admin. R. Ann. Agr 1002.01 Application For Permit {#sec-agr-1002.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1002.01}

(a) A producer of New Hampshire farm products may obtain an application for a permit to use the New Hampshire seal of quality design in connection with the sale of applicable farm products by writing to the New Hampshire department of agriculture, markets, and food, division of regulatory services, One Granite Place, South, Suite 211, Concord, NH 03301.

(b) An applicant for a permit to use the New Hampshire seal of quality on farm products shall complete and submit Form SQ-1 “Application for Permit To Use the Seal of Quality on Farm Products,” as amended 3-31-26.

(c) The applicant shall attest to the following certification on the Form SQ-1”Application for Permit To Use the Seal of Quality on Farm Products:” “I have read the rules governing the Seal of Quality Program and agree to comply with all provisions established therein. I further agree to cooperate with the Department of Agriculture, Markets, and Food in regard to periodic inspection visits, and to furnish upon request sample containers, labels, or advertising material bearing the design.”

(d) Permit applications, furnished by the commissioner, shall be accompanied by an annual permit fee for each covered commodity in the amount of $33 for maple products, and $13 for all other covered commodities, payable to Treasurer, State of New Hampshire.

(e) Prior to the issuance of an initial permit by the department an inspection shall be made by the department to determine compliance with the rules for the product or products as stated in Agr 1003.

(f) Renewal permits may be subject to an annual inspection by the department.

(g) Within 30 days following an inspection the department shall issue a permit for the use of the seal of quality design if the applicant has complied with Agr 1003.

(h) The department shall notify the applicant in writing of the reason(s) for denial of a permit.

(i) For those who receive a permit denial, within 10 days following receipt of an official denial from the department, the applicant may implement corrective actions in order to comply with the seal of quality standards.

(j) For those who receive a denial, and implement corrective actions, a follow up inspection shall be conducted to verify compliance with the seal of quality standards.

(k) Within 10 days following receipt of an official permit denial from the department, the applicant may request a hearing to show reasons why the permit should not be denied.

(l) The following shall apply for permits:

(1) A permit holder shall be issued an official seal of quality permit with a number, which shall be the same for each year; and

(2) All permits shall be issued annually for the period of July 1 to June 30 of the following year, and permits shall expire on June 30 if not renewed.

4-21-06

History

#2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90
#5196, eff 7-31-91, EXPIRED 7-31-97
#6734, eff 4-21-98 (from Agr 1001.01), EXPIRED:
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

N.H. Code Admin. R. Ann. Agr 1002.02 Revocation of Permit {#sec-agr-1002.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1002.02}

The seal of quality permit shall be revoked by the commissioner when it has been determined through investigation that any of the rules of this chapter have been violated, provided that:

(a) The department has notified the permit holder in writing of the reason(s) for revocation of a permit and unless the noncompliances are corrected within 30 days of the date of the notification, the revocation will become effective and, the permit shall be revoked;

(b) For those who receive a notice of revocation and implement corrective actions, a follow up inspection shall be conducted by the department to verify compliance with the seal of quality standards; and

(c) Within 21 days after a revocation of permit becomes effective, , the permit holder may make a written request for a hearing pursuant to Agr 200.

History

#2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90
#5196, eff 7-31-91, EXPIRED 7-31-97
#6734, eff 4-21-98 (from Agr 1001.02), EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

N.H. Code Admin. R. Ann. Agr 1002.03 Seal of Quality Use {#sec-agr-1002.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1002.03}

(a) A person holding a current seal of quality permit may use the seal of quality design on containers, labels, signs, advertising, or other informational or promotional material.

(b) It shall be prohibited to use the seal of quality design, or infer an active seal of quality permit, on or for the sale or presentation of any container, label, sign, advertising, or other information or promotional material without an active yearly seal of quality permit.

History

#2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90
#5196, eff 7-31-91, EXPIRED 7-31-97
#6734, eff 4-21-98 (formerly Agr 1001.03), EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Part Agr 1003 Products That May Bear the Seal

N.H. Code Admin. R. Ann. Agr 1003.01 Apples {#sec-agr-1003.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1003.01}

The following requirements shall apply for use of the seal of quality design on apples:

(a) A packer of New Hampshire apples may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active;

(b) A packer of New Hampshire apples shall only use the state of New Hampshire seal of quality design on apples in compliance with RSA 426:11-12, Agr 901, and Agr 1003;

(c) Apples shall be marked in accordance with the provisions of the U.S. Standards for Grades of Apples; 7 CFR, Section 51.300-51.322, effective October 31, 2019;

(d) Apples shall meet the requirements of one of the following grades, and associated color and tolerances, as specified in U.S. Standards for Grades of Apples, 7 CFR, Section 51.300-51.322, effective October 31, 2019:

(1) U.S. Extra Fancy;

(2) U.S. Fancy; or

(3) Combination of U.S. Extra Fancy and U.S. Fancy;

(e) Apples shall meet the “Condition After Storage” or “Transit Standards” as specified in the U.S. Standards for Grades of Apples, 7 CFR, Section 51.300-51.322, effective October 31, 2019; and

(f) Apples shall be packaged in accordance with the “Packing Requirements” standards as specified in the U.S. Standards for Grades of Apples, 7 CFR, Section 51.300-51.322, effective October 31, 2019.

History

#6734, eff 4-21-98 (from Agr 1002.01), EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

N.H. Code Admin. R. Ann. Agr 1003.02 Cider {#sec-agr-1003.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1003.02}

(a) The following definitions apply to this section:

(1) “Cider” means “cider” as defined in RSA 426:13, I, namely “the unfermented juice of apples;”

(2) “Clean” means free from decay and foreign material;

(3) “Commissioner” means “commissioner” as defined in RSA 426:13,II, namely, the “commissioner of the department of agriculture, markets, and food” or the commissioner’s authorized agent;

(4) “Drop” means an apple that was in contact with the ground, storage cooler, or pressing room floor;

(5) “Food grade” means a material permitted to come into direct contact with food meant for human consumption;

(6) “Pasteurization” means processing cider via a manner proven to effectively reduce harmful microbial populations to a level that does not cause foodborne illness;

(7) “Person” means “person” as defined in RSA 426:13, III, namely “any individual, firm, company, partnership, corporation, association, cooperative, business trust or legal entity of any kind;”

(8) “Product code” means any distinctive combination of letters, numbers, or symbols from which the origin of the manufacture, processing, packing, holding, and distribution of a batch or lot of cider can be determined;

(9) “Sanitize” means the cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance; and

(10) “Serious damage” means any defect that materially detracts from the edibility or market value of the cider. The term includes fermentation, distasteful foreign flavor, and disagreeable odor;

(b) The following requirements shall be met for use of the seal of quality design on cider:

(1) A producer of New Hampshire cider may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active; and

(2) Cider shall be produced, packaged and labeled in accordance with RSA 426:1-10, RSA 426:13-17, Agr 907, and Agr 1003;

(d) Cider shall have the following characteristics:

(1) It shall not be made from concentrate; and

(2) It shall be free from serious damage;

(e) Additional processing and packaging requirements for cider shall be as follows:

(1) Cider processing shall be done in an enclosed building which shall be constructed and equipped as follows:

a. The floors shall be constructed of easily cleanable materials and shall provide drainage;

b. The walls and ceilings shall be constructed of easily cleanable materials; and

c. Hot water at a temperature of 140 degrees F or higher or steam shall be available on the premises for cleaning equipment;

(2) All apples shall be washed and brushed with potable water or water that has been treated with a substance or method that renders it safe for cleaning fruit prior to processing into cider;

(3) Cider shall be filtered or screened through stainless steel mesh, filter paper, or other suitable material sufficient to remove coarse material and to minimize the presence of sediment;

(4) Storage vessels used to store cider post manufacturing and prior to bottling shall be covered;

(5) Retail containers shall be kept refrigerated at a temperature of 45 degrees F or set in ice;

(6) Containerized cider shall:

a. Be labeled with the statement, “Keep Refrigerated”;

b. Not be labeled as being “fresh” unless it is raw, never been frozen, and contains no preservatives; and

c. Be labeled with a product code, permanently placed on each container in such a manner that the code cannot be separated from the container, such as on the cap or tag tied to the container;

(7) All cider containers and caps shall:

a. Be food grade;

b. Be new;

c. Be clean and sanitary;

d. Be stored prior to use in a manner that prevents contamination; and

e. Not contain or be constructed of any substance which could damage the flavor of the cider;

(8) The cap or other closing mechanism of any cider container shall be tamper evident, which means it would be readily apparent if it was previously opened; and

(9) Containerized cider shall not be packed in or found to be in cracked, punctured, bulged, rusty, unsealed, or unsanitary containers;

(f) Additional manufacturing requirements for cider shall be as follows:

(1) All press racks shall be:

a. Made of hardwood, food grade plastic, or stainless steel;

b. Cleaned and sanitized each day of use; and

c. Stored off the floor at all times;

(2) Tubing used to transport pomace or cider shall be made of food grade material and shall be cleaned and sanitized each day of use;

(3) All vessels used to store cider post manufacturing and prior to bottling shall be made of stainless steel or food grade plastic;

(4) In no case shall material constructed of the following substances be used in storage or bottling of cider:

a. Copper;

b. Galvanized metal;

c. Metal soldered with solder or flux containing more than 0.2 percent lead; and

d. Any other substance which could cause serious damage;

(g) Drop apples shall not be processed into cider; and

(h) Cider may be blended with the natural juices derived from fruit other than apples if labeled according to RSA 426:14,IV.

History

#6734, eff 4-21-98 (from Agr 1002.02), EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

N.H. Code Admin. R. Ann. Agr 1003.03 Shell Eggs {#sec-agr-1003.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1003.03}

The following requirements shall apply for the use of the seal of quality design on shell eggs:

(a) A packer of New Hampshire shell eggs may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active;

(b) A packer of New Hampshire shell eggs shall only use the state of New Hampshire seal of quality design on eggs in compliance with RSA 428:22-29-a, Agr 905, and Agr 1003;

(d) The following labeling, sizing, grading, processing, and handling requirements shall be met:

(1) Cartons shall be labeled with the following information in addition to that required in RSA 428:22-29-a:

a. The name and address of the packer or permit holder; and

b. The packing date and product code;

(2) Eggs shall be sized and conform to the size classifications list in the U.S. Standards, Grades and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000, as promulgated by the U.S. Department of Agriculture, available as specified in Appendix II; and

(3) Eggs shall be graded and conform to Grade AA or A classifications and methods listed in the U.S. Standards, Grades and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000, as promulgated by the U.S. Department of Agriculture, available as specified in Appendix II.

History

#6734, eff 4-21-98 (from Agr 1002.03), EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

N.H. Code Admin. R. Ann. Agr 1003.04 Maple Products {#sec-agr-1003.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1003.04}

(a) A producer or packer of New Hampshire maple products may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active.

(b) A packer of New Hampshire maple products shall use the state of New Hampshire seal of quality design on products sourced only from seal of quality permit holders.

(c) Maple products shall be compliant with all applicable provisions of RSA 429:13-19, RSA 429:25-a--27, Agr 904, and Agr 1003.

(d) Maple syrup shall meet one of the grades established in Agr 904.06(a)-(d).

(e) The following filter requirements for maple syrup shall be met:

(1) Sap filters shall be clean at the time of use with no evidence of mold or odors that may cause an off flavor;

(2) Filtering materials, including but not limited to, a filter press, filter papers, wool, or synthetic cone filters, shall be clean with no evidence of mold or odors that may cause an off flavor;

(3) Only food grade lubricant shall be used in the filter press pump; and

(4) Diatomaceous earth used shall be food grade, and shall be placed in a clean dry container with a lid.

(f) The following container requirements for maple syrup shall be met:

(1) Drums and other bulk containers shall be stored and treated in a manner to prevent contamination;

(2) Drums and other bulk containers not actively being filled shall be protected from debris and pests via sealed bungs or other means;

(3) Drums that have been labeled “not for reuse” shall not be used;

(4) Only new containers for packaged maple syrup shall be used;

(5) Packaged maple syrup shall be filled to provide adequate space to make certain that the inner seal is properly sealed, then capped; and

(6) All containers used for packaged maple syrup shall be stored in a manner that will prevent contamination from debris, animals, or other sources, prior to filling.

(g) The following requirements shall apply to buildings where maple sap and maple syrup is stored, produced, further processed, or packaged:

(1) All light bulbs over sap or syrup, including over tanks, releasers, boiling pans, filters, and canning equipment, shall be protected by shields or slip on tubes to prevent broken glass from falling into food contact equipment, sap, or syrup;

(2) The interior and exterior of buildings shall be clean and free of debris;

(3) There shall be protection to prevent contamination from falling into a tank, pan, or other containers that will contact sap or syrup;

(4) All surfaces in the buildings which could contact sap or syrup shall be clean and free from dirt, mold, debris, or evidence of pests at the time of use;

(5) The producer shall document the startup cleaning procedures used for tank, pans, and all food-contact equipment; and

(6) Floors shall be of concrete or some other material capable of being easily cleaned.

(h) The following requirements shall be met for materials that will contact sap or syrup:

(1) The materials shall not:

a. Have previously held non-food grade products;

b. Have previously held food considered an allergen; and

c. Be rusty or have painted interiors; and

(2) Tubing and pipes used for sap and syrup transfer shall be foodgrade.

(i) The following sanitation requirements for maple syrup shall be met:

(1) Clean water, liquid soap, and disposable towels shall be present for hand washing;

(2) Domestic animals shall not be in the rooms where sap and syrup are being boiled, packed, or otherwise processed; and

(3) A supply of clean, hot water shall be readily available for cleaning equipment, and pond or brook water shall not be used for cleaning equipment;

(j) Chemicals used in a maple operation shall meet the following requirements:

(1) Pesticides shall not be kept in any room where sap or syrup is present;

(2) Equipment cleaners and petroleum products shall be stored in such a way as to prevent contamination of sap and syrup; and

(3) A response plan shall be in place in the event of a chemical spill.

(k) Maple operations shall not use any lead-containing equipment.

History

#6734, eff 4-21-98 (formerly Agr 1002.04), EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

N.H. Code Admin. R. Ann. Agr 1003.05 Honey {#sec-agr-1003.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1003.05}

The following requirements shall apply for use of the seal of quality design on honey:

(a) A producer or packer of New Hampshire honey may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active;

(b) Honey shall be compliant with all applicable provisions of RSA 429:13-27;

(c) Honey shall meet one of the following grades from the United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), as provided in “United States Standards for Grades of Extracted Honey”, AMS 52, effective May 23, 1985, available as noted in Appendix II:

(1) U.S. Grade A; or

(2) U.S. Grade B;

(d) Honey packages shall be labeled to state the predominant floral source and possess the color and flavor specific to that type except that when a single floral source is not predominant or the floral source is not known, then the label shall state "wildflower"; and

(e) Honey shall not have a moisture greater than 18.6 percent by volume.

Appendix I

Rule

Specific State Statute the Rule Implements

Agr 1001.01-Agr 1001.02

RSA 426:1: RSA 426:2

Agr 1002.01

RSA 426:1, RSA 426:2, RSA 426:4, RSA 426:8

Agr 1002.02

RSA 426:1, RSA 426:7, RSA 426:7-a

Agr 1002.03

RSA 426:2

Agr 1003.01

RSA 426:1; RSA 426:2, RSA 426:11

Agr 1003.02

RSA 426:1-2, RSA 426:13-15

Agr 1003.03

RSA 426:1-2, RSA 428:22-27, RSA 438:22-26-a

Agr 1003.04

RSA 426:1, RSA 426:2, RSA 429:13-19, RSA 429:25

Agr 1003.05

RSA 426:1, RSA 426:2, RSA 429:13-25

Appendix II

Rule

Material Incorporated

How Materials May Be Obtained

Agr 1003.03(d)(2) and (3)

U.S. Standards, Grades and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000

https://www.ams.usda.gov/grades-standards/shell-egg-grades-and-standards

The document is available on the website to the public at no cost.

Agr 1003.05(c)

United States Standards for Grades of Extracted Honey, U.S. Department of Agriculture, Agricultural Marketing Service, AMS 52, effective May 23, 1985.

https://www.ams.usda.gov/grades-standards/extracted-honey-grades-and-standards.

The document is available on the website to the public at no cost.

History

#6734, eff 4-21-98 (formerly Agr 1002.05), EXPIRED: 4-21-06
#10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Chapter Agr 1100 Fertilizers

Part Agr 1101 Definitions

N.H. Code Admin. R. Ann. Agr 1101.01 Coated slow release fertilizer {#sec-agr-1101.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.01}

“Coated slow release fertilizer” means a product containing sources of water soluble nutrients, release of which in the soil is controlled by a coating applied to the fertilizer.

History

#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.02 Enhanced efficiency fertilizer {#sec-agr-1101.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.02}

“Enhanced efficiency fertilizer” means “enhanced efficiency fertilizer” as defined in RSA 431:3, VI-a.

History

#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.03 Guarantee analysis {#sec-agr-1101.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.03}

“Guarantee analysis” means “guaranteed analysis” as defined in RSA 431:3, X.

History

#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.04 Micronutrients {#sec-agr-1101.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.04}

"Micronutrients" means the following plant food elements which are essential for the normal growth of plants and which are required by plants in relatively small amounts:

(a) Boron;

(b) Chlorine;

(d) Copper;

(e) Iron;

(f) Manganese;

(g) Molybdenum;

(h) Sodium; and

(i) Zinc.

History

#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13 (from Agr 1101.02), EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.05 Natural inorganic fertilizer {#sec-agr-1101.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.05}

“Natural inorganic fertilizer” means “natural inorganic fertilizer” as defined in RSA 431:3 XIV-a.

History

#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.06 Natural organic turf fertilizer {#sec-agr-1101.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.06}

“Natural organic turf fertilizer” means “natural organic turf fertilizer” as defined in RSA 431:3 XIV-b.

History

#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.07 Percentage {#sec-agr-1101.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.07}

“Percentage" means “percentage” as defined in RSA 431:3, XVI.

History

#10464, eff 11-26-13 (from Agr 1101.03), EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.08 Polymer coated fertilizer {#sec-agr-1101.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.08}

“Polymer coated fertilizer” means a coated slow release fertilizer consisting of fertilizer particles coated with a polymer (plastic) resin. It is a source of slowly available plant nutrient(s).

History

#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.09 Primary nutrients {#sec-agr-1101.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.09}

"Primary nutrients" means “primary nutrients” as defined in RSA 431:3, XVIII.

History

#10464, eff 11-26-13 (from Agr 1101.04), EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.10 Product grade {#sec-agr-1101.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.10}

“Product grade” means the shorthand representation of the minimum guarantee of available nutrient content expressed in terms of total nitrogen, available phosphate, and soluble potash with each guarantee separated by a hyphen. For example, 19-19-19.

History

#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.11 Secondary nutrients {#sec-agr-1101.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.11}

"Secondary nutrients" means the following plant food elements which are essential for the normal growth of plants and which are required by plants in lesser amounts than the primary nutrients and greater amounts than the micronutrients:

(a) Calcium;

(b) Magnesium; and

History

#10464, eff 11-26-13 (from Agr 1101.05), EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.12 Slow or controlled release fertilizer {#sec-agr-1101.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.12}

“Slow or controlled release fertilizer” means a fertilizer in which one or more of the nutrients have limited solubility in the soil solution, so that they become available to the growing plant over a period of time. The limited solubility might be an inherent characteristic of the fertilizer or can be imparted to a soluble fertilizer by coating the particle with such materials as waxes and plastics. A slow or controlled release fertilizer contains a plant nutrient in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant. Such delay of initial availability or extended time of continued availability can occur by a variety of mechanisms. These include controlled water solubility of the material by semi-permeable coatings, occlusion, or by inherent water insolubility of polymers, natural nitrogenous organics, protein materials, or other chemical forms, by slow hydrolysis of water soluble low molecular weight compounds, or by other unknown means.

History

#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.13 Starter fertilizer {#sec-agr-1101.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.13}

“Starter fertilizer” means a fertilizer formulated for a one-time application at planting or near that time to encourage root growth and enhance the initial establishment.

History

#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1101.14 Unit {#sec-agr-1101.14 omnilex-key=us-nh-regs-official--agency-agr--Agr 1101.14}

"Unit" means 20 pounds of plant food or one percent of a ton.

History

#10464, eff 11-26-13 (from Agr 1101.06), EXPIRED: 11-26-23
#13947, INTERIM, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 1102 Secondary and Micro Plant Nutrients

N.H. Code Admin. R. Ann. Agr 1102.01 Secondary and Micro Plant Nutrients {#sec-agr-1102.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1102.01}

(a) Secondary and micro plant nutrients when mentioned in any form or manner on a fertilizer product shall be registered with the department pursuant to Agr 1103, and shall be guaranteed as specified in RSA 431:5.

(b) Guarantees shall be stated in terms of the elements as required in RSA 431:5.

(c) If chelated, water soluble, or other forms are claimed or advertised, the form and percentage shall be guaranteed separately.

(d) Sources of the guaranteed elements and proof of nutrient availability, including but not limited to test results, shall be provided to the commissioner upon request.

(e) The minimum percentages which will be accepted for registration shall be as shown below in Table 1102-1 Minimum Percentages, except for guarantees for those water-soluble nutrients labeled for the items in (1)-(6) as follows:

Table 1102-1 Minimum Percentages

Element

Minimum Concentration, %

Calcium (Ca)

1.0000

Magnesium (Mg)

0.5000

Sulfur (S)

1.0000

Boron (B)

0.0200

Chlorine (Cl)

0.1000

Cobalt (Co)

0.0005

Copper (Cu)

0.0500

Iron (Fe)

0.1000

Manganese (Mn)

0.0500

Molybdenum (Mo)

0.0005

Nickel (Ni)

0.0010

Sodium (Na)

0.1000

Zinc (Zn)

0.0500

(1) Ready to use foliar fertilizers;

(2) Ready to use specialty liquid fertilizers;

(3) Hydroponic liquid feed programs;

(4) Continuous liquid feed programs;

(5) Potting, garden, and lawn soils; and

(6) Horticultural growing media, which are exempted by RSA 431:3, VII.

(f) Only guarantees or claims for the plant nutrients in Table 1102-1 shall be accepted.

(g) Proposed labels and directions for the use of the fertilizer shall be furnished with the application for registration.

(h) Any of the elements listed in Table 1102-1 which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphate, and potash.

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84; amd by #4275, eff 6-29-87; ss by #5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 1103 Fertilizer Labels

N.H. Code Admin. R. Ann. Agr 1103.01 Fertilizer Labels {#sec-agr-1103.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1103.01}

(a) The following information shall be the minimum required for all fertilizer labels:

(1) Net weight;

(2) Brand or product name, which shall not be misleading as to the purpose and guarantees;

(3) Product grade, if primary nutrients are claimed;

(4) Guaranteed analysis, including:

Total Nitrogen (N) ________%

________% Ammoniacal Nitrogen

________% Nitrate Nitrogen

________% Water Insoluble Nitrogen

________% Urea Nitrogen

________% (Other recognized and determinable forms of N)

Available Phosphate (P2O5) ________%

Soluble Potash (K2O) ________%

(Other nutrients, elemental basis) ________%

a. Zero guarantees shall not be made and shall not appear on the label except in nutrient guarantee breakdowns;

b. If chemical forms of nitrogen are claimed or required, the form shall be shown. No implied order of the forms of nitrogen shall be intended; and

c. Requirements as prescribed by Agr 1102.01;

(5) Sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis statement;

(6) Name and mailing address of registrant;

(7) Directions for use of the fertilizer for the consumer, as follows:

a. For specialty fertilizer, minimum directions for use shall include:

Recommended application rate or rates in units of weight or volume per unit of area coverage. Where application rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight;
Application timing and minimum intervals to apply the product when plants can utilize nutrients; and
The statement “Apply Only as Directed” or a statement of similar designation; and

b. For all other fertilizers, minimum directions for use shall include at least one of the following:

A statement such as:

“Use in accordance with recommendations of a qualified individual or institution, such as, but not limited to, a certified crop advisor, agronomist, university crop extension publication, or apply according to recommendations in your approved nutrient management plan;” or

Detailed directions for a specific use; and

(8) The following caution statement shall be required on all labels for fertilizers containing any prohibited materials under 21 CFR 589.2000 or Cattle Materials Prohibited in Animal Feed (CMPAF) under 21 CFR 589.2001:

“CAUTION: Do not eat, feed to animals, or apply to land used for grazing ruminant animals. Wash hands thoroughly with soap and water after handling and before eating or smoking.”

(b) For packaged products, the label requirements shall either:

(1) Appear on the front or back of the package;

(2) Occupy at least the upper-third of a side of the package; or

(3) Be printed on a tag and attached to the package.

(d) For bulk products, the label requirements shall be in written or printed form and shall accompany delivery and be supplied to the purchaser at time of delivery.

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1103.02 Slowly Released Plant Nutrients {#sec-agr-1103.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1103.02}

(a) No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over a period of time, unless the slow release components are identified and guaranteed at a level of at least 15% of the total guarantee for that nutrient(s).

(b) Types of products with slow release properties recognized shall include:

(1) Water insoluble, such as:

a. Natural organics;

b. Ureaform materials;

c. Urea-formaldehyde products; and

d. Isobutylidene diurea and oxamide;

(2) Coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers;

(3) Occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles; and

(4) Products containing water soluble nitrogen such as:

a. Ureaform materials;

b. Urea-formaldehyde products;

c. Methylenediurea (MDU);

d. Dimethylenetriurea (DMTU); and

e. Dicyanodiamide (DCD).

(c) The terms, "water insoluble", "coated slow release", "slow release", "controlled release", "slowly available water soluble", and "occluded slow release" shall be accepted as descriptive of these products, provided the manufacturer can show a testing program substantiating the claim as specified in (d) below. Testing shall be under guidance of experiment station personnel or a researcher who follows Association of Official Analytical Chemists (AOAC) methods.

(d) Pursuant to RSA 431:7, II, the AOAC International Method 970.04 shall be used to confirm the coated slow release and occluded slow release nutrients and others whose slow release characteristics depend on particle size.

(e) The AOAC International Method 945.01 shall be used to determine the water insoluble nitrogen of organic materials.

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 1104 Names of Commercial Fertilizers

N.H. Code Admin. R. Ann. Agr 1104.01 Names of Commercial Fertilizers {#sec-agr-1104.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1104.01}

The names and definitions for commercial fertilizers shall be those adopted by the Association of American Plant Food Control Officials (AAPFCO), and published in the AAPFCO Official Publication, Edition No. 77, available as specified in Appendix II.

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1104.02 Percentages {#sec-agr-1104.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1104.02}

The term of "percentage" by symbol or word, when used on a fertilizer label shall represent only the amount of individual plant nutrients in relation to the total product by weight.

History

#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 1105 Investigational Allowances

N.H. Code Admin. R. Ann. Agr 1105.01 Commercial Fertilizer Deficiency {#sec-agr-1105.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1105.01}

(a) A commercial fertilizer shall be deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values listed below in Table 1105-1 Commercial Fertilizer Deficiencies, or if the overall index value of the fertilizer is below 98%:

Table 1105-1 Commercial Fertilizer Deficiencies

Guarantee

Nitrogen

Avail. Phosphate

Sol. Potash

Percent

(N)

(P₂O₅)

(K₂O)

Investigational Allowance, percent

04 or less

0.49

0.67

0.41

0.51

0.67

0.43

0.52

0.67

0.47

0.54

0.68

0.53

0.55

0.68

0.60

0.57

0.68

0.65

0.58

0.69

0.70

0.61

0.69

0.79

0.63

0.70

0.87

0.67

0.70

0.94

0.70

0.71

1.01

0.73

0.72

1.08

0.75

0.72

1.15

0.78

0.73

1.21

0.81

0.73

1.27

0.83

0.74

1.33

0.86

0.75

1.39

0.88

0.76

1.44

0.79

1.46

0.83

1.49

0.86

1.51

0.90

1.54

0.93

1.56

0.96

1.58

1.00

1.61

1.03

1.63

1.07

1.66

1.10

1.68

1.70

1.73

1.75

1.78

1.80

For N guarantees above 32%, the investigational allowance shall be 0.88

For P₂O₅ guarantees above 52% and K2O guarantees above 62%,

contact the AAPFCO IA Investigator.

(b) For guarantees not listed in Table 1105-1, the department shall calculate the appropriate value by interpolation.

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1105.02 Overall Index Value {#sec-agr-1105.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1105.02}

The overall index value of a fertilizer, (V2 / V1) X 100, shall be determined as follows:

(a) “V1” means the commercial value guaranteed, as determined by multiplying the guaranteed percentage of a nutrient by the unit value of that nutrient. The results are then added together. Unit values of the nutrients used shall be those referred to in Agr 1105.03;

(b) “V2” means the commercial value found, as determined by multiplying the found percentage of a nutrient by the unit value of that nutrient. The results are then added together. Unit values of the nutrients used shall be those referred to in Agr 1105.03; and

(c) To calculate the overall index value the manufacturer shall divide V2 by V1, and then multiply the result by 100, as in the formula below:

Overall index value = (V2 / V1) X 100

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1105.03 Commercial Values to be Applied {#sec-agr-1105.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1105.03}

For the purpose of determining the commercial values to be applied under the provisions of RSA 431:8 and RSA 431:9, the values per unit of nitrogen, phosphate, and potash in commercial fertilizer shall be as follows:

(a) Nitrogen, $12.00 per unit;

(b) Phosphate, $19.00 per unit; and

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13 (from Agr 1105.02), EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1105.04 Deficiency of Secondary Nutrients and Micronutrients {#sec-agr-1105.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1105.04}

(a) Secondary nutrients and micronutrients shall be those listed in Table 1102-1 Minimum Percentages.

(b) Secondary nutrients and micronutrients shall be deemed deficient if the analysis of any element is below the guarantee by an amount exceeding the values calculated according to Table 1105-2:

Table 1105-2 Secondary and Minor Element Deficiencies

Element

Investigational Allowance

Calcium

0.2 unit + 5% of guarantee

Magnesium

0.2 unit + 5% of guarantee

Sulfur

0.2 unit + 5% of guarantee

Boron

0.003 unit + 15% of guarantee

Cobalt

0.0001 unit + 30% of guarantee

Chlorine

0.005 unit + 10% of guarantee

Copper

0.005 unit + 10% of guarantee

Iron

0.005 unit + 10% of guarantee

Manganese

0.005 unit + 10% of guarantee

Molybdenum

0.0001 unit + 30% of guarantee

Sodium

0.005 unit + 10% of guarantee

Zinc

0.005 unit + 10% of guarantee

(c) The maximum allowance when calculated in accordance to the above shall be one unit, which equals one percentage point.

History

#10464, eff 11-26-13 (from Agr 1105.03), EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 1106 Inspection Fee and Semi-Annual Tonnage Report

N.H. Code Admin. R. Ann. Agr 1106.01 Inspection Fee {#sec-agr-1106.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1106.01}

(a) Under RSA 431:6, each person distributing commercial fertilizer shall pay an inspection fee of 20 cents per ton of fertilizer sold in New Hampshire, with a minimum fee of $5.

(b) Such fee shall be payable at the time of filing the semi-annual tonnage report as specified in RSA 431:6.

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 1106.02 Semi-Annual Tonnage Report {#sec-agr-1106.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1106.02}

(a) The semi-annual tonnage report shall list the following:

(1) The period for which the report covers;

(2) The tons sold of each grade and type of material;

(3) Whether the tonnage sold is dry or liquid and bagged or bulk;

(4) The company name and address; and

(5) The name, title, and signature of the person completing the report.

(b) The semi-annual tonnage report, with the minimum fee in Agr 1106.01(a), shall be filed even if no fertilizer has been distributed in New Hampshire.

History

#1769, eff 6-30-81; ss by #2408, eff 6-30-83; ss by #2889, eff 10-22-84, EXPIRED 10-22-90
#5436, eff 7-22-92, EXPIRED: 7-22-98
#7218, eff 3-29-00, EXPIRED: 3-29-08
#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 1107 Sampling

N.H. Code Admin. R. Ann. Agr 1107.01 Sampling {#sec-agr-1107.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1107.01}

Sampling equipment and procedures shall be those adopted by the AOAC International, wherever applicable, as described in RSA 431:7, II.

History

#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 1108 Breakdown of Plant Food Elements Within the Guaranteed Analysis

N.H. Code Admin. R. Ann. Agr 1108.01 Breakdown of Plant Food Elements Within the Guaranteed Analysis {#sec-agr-1108.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1108.01}

When a plant nutrient guarantee is broken down into the component forms, the percentage for each component shall be shown before the name of the form.

History

#10464, eff 11-26-13, EXPIRED: 11-26-23
#13947, eff 4-30-24, EXPIRED: 10-27-24
#14128, eff 11-26-24, EXPIRES: 11-26-34

Chapter Agr 1200 Commercial Feeds

Part Agr 1201 Definitions

N.H. Code Admin. R. Ann. Agr 1201.01 Principal display panel {#sec-agr-1201.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1201.01}

“Principal display panel” means the out-facing side of the feed tag, or if no tag, the part of the label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

History

#12788, eff 5-23-19

Part Agr 1202 Commerical Feed Names

N.H. Code Admin. R. Ann. Agr 1202.01 Names, Terms, and Exemptions {#sec-agr-1202.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.01}

(a) The names and definitions for commercial feeds shall be the Official Definition of Feed Ingredients adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(b) The terms used in reference to commercial feeds shall be the Official Feed Terms adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(c) The following commodities shall be exempt from the definition of commercial feed, when unground and when not mixed or intermixed with other materials, under the provisions of RSA 435:19, IV, provided that these commodities are not adulterated within the meaning of RSA 435:23:

(1) Raw meat;

(2) Hay;

(3) Loose salt;

(4) Straw;

(5) Stover;

(6) Silages;

(7) Cobs;

(8) Husks; and

(9) Hulls.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1202.02 Label Format {#sec-agr-1202.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.02}

(a) Commercial feed, other than customer-formula feed, shall be labeled with the following information on the principal display panel of the product and in the following format:

(1) Product name and brand name, if any, as stipulated in Agr 1202.03(a);

(2) If a drug is used, label as stipulated in Agr 1202.03(b);

(3) Purpose statement as stipulated in Agr 1202.03(c);

(4) Guaranteed analysis as stipulated in Agr 1202.03(d) through (q);

(5) Feed ingredients as stipulated in Agr 1202.03(r);

(6) Directions for use and precautionary statements as stipulated in Agr 1202.03(s);

(7) Name and principal mailing address of manufacturer or persons responsible for distributing the feed as stipulated in Agr 1202.03(t); and

(8) Quantity statement as stipulated in Agr 1202.03 (u).

(b) The information required in Agr 1202.02 (a)(1) through (3) and (8) shall appear in its entirety on one side of the label or on one side of the container.

(c) The information as required in Agr 1202.02(a)(4) through (7) shall be displayed in a prominent place on the feed label or container, but not necessarily on the principal display panel.

(d) When the information as required in Agr 1202.02(a)(6) does not appear on the principal display panel, it must be referenced on the principal display panel with a statement such as “See back of label for directions for use.”.

(e) None of the information required by Agr 1202.02(a) shall be subordinated or obscured by other statements or designs.

(f) Customer-formula feed shall be accompanied with labels, invoices, delivery tickets, or other shipping documents bearing the following information:

(1) The name and address of the manufacturer;

(2) The name and address of the purchaser;

(3) The date of sale or delivery;

(4) The customer-formula feed name and brand name if any;

(5) The product name and net quantity of each registered commercial feed and each other ingredient used in the mixture;

(6) The direction for use and precautionary statements as required by Agr 1202.06; and

(7) If a drug containing product is used:

a. The purpose of the medication, or claim statement; and

b. The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Agr 1202.04(d).

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1202.03 Label Information {#sec-agr-1202.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.03}

Commercial feed, other than customer-formula feed, shall be labeled with the information, and pursuant to the requirements, specified below:

(a) Product name and brand name if any, shall be as specified below:

(1) The brand or product name shall be appropriate for the intended use of the feed and shall not be misleading. If the name indicates the feed is made for a specific use, the character of the feed shall conform therewith;

(2) A commercial feed for a particular animal class, shall be suitable for that purpose;

(3) Commercial, registered brand, or trade names shall not appear in guarantees or ingredient listings and shall appear only in the product name of feeds produced by or for the firm holding the rights to such a name;

(4) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name. Provided that, if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading;

(5) The word “protein” shall not appear in the product name of a feed that contains added non-protein nitrogen;

(6) When the name carries a percentage value, it shall be understood to signify protein or equivalent protein content only, even if it does not explicitly modify the percentage with the word “protein”. Provided that, other percentage values may be permitted if they are followed by the proper description. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer;

(7) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

(8) The word “vitamin,” or a contraction thereof, or any word suggesting vitamin shall be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in Agr 1202.04(c);

(9) The term “mineralized” shall not be used in the name of a feed except for “TRACE MINERALIZED SALT.” When so used, the product shall contain significant amounts of trace minerals which are recognized as essential for animal nutrition;

(10) The term “meat” and “meat by-products” shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep, and goats;

(11) If the commercial feed consists of raw milk, the words, “Raw (blank) Milk” shall appear conspicuously on the principal display panel. “(Blank)” shall be completed by using the species of animal from which the raw milk is collected;

(b) If a drug is used, labels shall be as specified below:

(1) The word “medicated” shall appear directly following and below the product name in type size, no smaller than one-half the type size of the product name;

(2) A purpose statement shall be as required in Agr 1202.03(c);

(3) The purpose of medication shall be in a claim statement; and

(4) An active ingredient statement shall list the active drug ingredients by their established name and the amounts in accordance with Agr 1202.04(d);

(1) The statement of purpose shall contain the specific species and animal classes for which the feed is intended as specified in Agr 1202.03(f) through (o);

(2) The manufacturer may use more specific and common language in the defined animal class, species, and purpose while being consistent with the category of animal class specified in Agr 1202.03(f) through (o) which may include, but is not limited to, weight ranges, sex, or ages of the animals for which the feed is manufactured;

(3) The purpose statement may be excluded from the label if the product name includes a description of the species and animal classes for which the product is intended;

(4) The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state “For Further Manufacture of Feed” if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user of the premix;

(5) The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products, or molasses products may exclude the animal class and species and state “For Further Manufacture of Feed” if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds;

(6) The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner; and

(7) The statement of purpose for single ingredient feeds shall be stated as “Single Ingredient Feed” or “Feed Ingredient.” The manufacturer of a single ingredient feed or feed ingredient may use more specific and common language for the intended use of the feed ingredient dependent on species and class;

(d) When guarantees are stated on labels for crude protein, equivalent crude protein from non-protein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, neutral detergent fiber, calcium, phosphorus, salt, and sodium the statement shall be in the sequence of nutritional guarantees;

(e) Other required and voluntary guarantees shall follow in a format such that the units of measure used to express guarantees, including but not limited to percentage, parts per million, international units, are listed in a sequence that provides a consistent grouping of the units of measure;

(f) Required guarantees for swine formula feeds shall be as follows:

(1) Animal classes for swine shall be as set forth in Table 1200-1 below:

Table 1200-1 Classes for Swine

Class

Approximate Size

Prestarter

2 to 11 pounds

Starter

11 to 44 pounds

Grower

44 to 110 pounds

Finisher

110 pounds to market weight

Gilts, sows and adult board

None specified

Lactating gilts and sows

None specified

(2) Guaranteed analysis for swine complete feeds and supplements of all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of lysine;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minimum and maximum percentage of calcium;

f. Minimum percentage of phosphorus;

g. Minimum and maximum percentage of salt (if added);

h. Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; and

i. Minimum selenium in parts per million (ppm);

(g) Required guarantees for formula poultry feeds including layers, broilers, and turkeys shall be as follows:

(1) Animal classes for layers shall be as set forth in Table 1200-2 below:

Table 1200-2 Classes for Layers

Classes

Approximate Age

Starting/growing

From day of hatch to approximately 10 weeks of age.

Finisher

From approximately 10 weeks of age to time first egg is produced which is approximately 20 weeks of age.

Laying

From time first egg is laid throughout the time of egg production.

Breeders

From time first egg is laid throughout their productive cycle.

(2) Animal classes for broilers shall be as set forth in Table 1200-3 below:

Table 1200-3 Classes for Broilers

Classes

Approximate Age

Starting/growing

From day of hatch to approximately 5 weeks of age.

Finisher

From approximately 5 weeks of age to market (42 to 52 days).

Breeders

Any age and either sex.

(3) Animal classes for broiler, breeders shall be as set forth in Table 1200-4 below:

Table 1200-4 Classes for Broiler, Breeders

Classes

Approximate Age

Starting/growing

From day of hatch until approximately 10 weeks of age.

Finishing

From approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age.

Laying

From day of first egg throughout the time fertile eggs are produced.

(4) Animal classes for turkeys shall be as set forth in Table 1200-5 below:

Table 1200-5 Classes for Turkeys

Classes

Approximate Age

Starting/growing

Females from day of hatch to approximately 13 weeks of age.

Males from day of hatch to approximately 16 weeks of age.

Finisher

Females from approximately 13 weeks of age to approximately 17 weeks of age.

Males approximately 16 weeks of age to 20 weeks of age, or desired market weight.

Layer

From time first egg is produced throughout the time they are producing eggs.

Breeder

Both sexes from day of hatch to time first egg is produced approximately 30 weeks of age.

(5) Guaranteed analysis for poultry complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of lysine;

c. Minimum percentage of methionine;

d. Minimum percentage of crude fat;

e. Maximum percentage of crude fiber;

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum and maximum percentage of salt, if added; and

i. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

(h) Required guarantees for beef cattle formula feeds shall include the following:

(1) Animal classes for beef cattle shall be as set forth in Table 1200-6 below:

Table 1200-6 Classes for Beef Cattle

Classes

Production Stage

Calves

Birth to weaning.

Cattle on pasture

May be specific as to production stage such as stocker, feeder, replacement heifers, brood cows, bulls, etc.

Feedlot cattle

Not specified.

(2) Guaranteed analysis for beef complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minimum and maximum percentage of calcium;

f. Minimum percentage of phosphorus;

g. Minimum and maximum percentage of salt, if added;

h. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

i. Minimum percentage of potassium; and

j. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added; and

(3) Guaranteed analysis for beef mineral feeds shall include the following:

a. Minimum and maximum percentage of calcium;

b. Minimum percentage of phosphorus;

c. Minimum and maximum percentage of salt;

d. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

e. Minimum percentage of magnesium;

f. Minimum percentage of potassium;

g. Minimum copper in parts per million (ppm);

h. Minimum selenium in parts per million (ppm);

i. Minimum zinc in parts per million (ppm); and

j. Minimum vitamin A, other than precursors of vitamin A, in international units per pound;

(i) Required guarantees for dairy formula feeds shall include the following:

(1) Animal classes for dairy shall be as set forth in Table 1200-7 below:

Table 1200-7 Classes for Dairy

Classes

Veal milk replacer

Herd milk replacer

Starter

Nonlactating dairy cattle: replacement diary heifers, dairy bulls and dairy calves

Lactating dairy cows

Dry dairy cows

(2) Guaranteed analysis for veal and herd replacement milk replacer shall include the following:

a. Minimum percentage crude protein;

b. Minimum percentage crude fat;

c. Maximum percentage of crude fiber;

d. Minimum and maximum percentage calcium;

e. Minimum percentage of phosphorus; and

f. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(3) Guaranteed analysis for dairy cattle complete feeds and supplements shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Maximum percentage of acid detergent fiber (ADF);

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum selenium in parts per million (ppm); and

i. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added; and

(4) Guaranteed analysis for dairy mixing and pasture mineral feeds shall include the following:

a. Minimum and maximum percentage of calcium;

b. Minimum percentage of phosphorus;

c. Minimum and maximum percentage of salt;

d. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

e. Minimum percentage of magnesium;

f. Minimum percentage of potassium;

g. Minimum selenium in parts per million (ppm); and

h. Minimum vitamin A, other than the precursors of vitamin A, in international units per pound;

(j) Required guarantees for equine formula feeds shall include the following:

(1) Animal classes for equines shall be as set forth in Table 1200-8 below:

Table 1200-8 Classes for Equine

Classes

Growing

Broodmare

Maintenance

Performance, including stallions

(2) Guaranteed analysis for equine complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fiber;

d. Maximum percentage of acid detergent fiber (ADF);

e. Maximum percentage of neutral detergent fiber (NDF);

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum copper in parts per million (ppm), if added;

i. Minimum selenium in parts per million (ppm);

j. Minimum zinc in parts per million (ppm); and

k. Minimum vitamin A, other than the precursors of vitamin A, in international units per pound; and

(3) Guaranteed analysis for equine mineral feeds for all animal classes shall include the following:

a. Minimum and maximum percentage of calcium;

b. Minimum percentage of phosphorus;

c. Minimum and maximum percentage of salt, if added;

d. Minimum and maximum percentage of sodium;

e. Minimum copper in parts per million (ppm), if added;

f. Minimum selenium in parts per million (ppm);

g. Minimum zinc in parts per million (ppm); and

h. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(k) Required guarantees for goat formula feeds shall include the following:

(1) Animal classes for goats shall be as set forth in Table 1200-9 below:

Table 1200-9 Classes for Goats

Classes

Starter

Grower

Breeder

Lactating

(2) Guaranteed analysis for goat complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Maximum percentage of acid detergent fiber (ADF);

f. Minimum and maximum percentage of calcium;

g. Minimum percentage of phosphorus;

h. Minimum and maximum percentage of salt, if added;

i. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

j. Minimum and maximum copper in parts per million (ppm), if added;

k. Minimum selenium in parts per million (ppm); and

l. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(l) Required guarantees for sheep formula feeds shall include the following:

(1) Animal classes for sheep formula feeds shall be as set forth in Table 1200-10 below:

Table 1200-10 Classes for Sheep

Classes

Starter

Grower

Finisher

Breeder

Lactating

(2) Guaranteed Analysis for sheep complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minimum and maximum percentage of calcium;

f. Minimum percentage of phosphorus;

g. Minimum and maximum percentage of salt, if added;

h. Minimum and maximum percentage of total sodium only when total sodium exceeds that furnished by the maximum salt guarantee;

i. Minimum and maximum copper in parts per million (ppm), if added, or if total copper exceeds 20 ppm;

j. Minimum selenium in parts per million (ppm); and

k. Minimum vitamin A, other than precursors of vitamin A, in international units per pound, if added;

(m) Required guarantees for duck and geese formula feeds shall include the following:

(1) Animal classes for duck formula feeds shall be as set forth in Table 1200-11 below:

Table 1200-11 Classes for Duck

Classes

Production Stage

Starter

0 to 3 weeks of age

Grower

3 to 6 weeks of age

Finisher

6 weeks to market

Breeder Developer

8 to 19 weeks of age

Breeder

22 weeks to end of lay

(2) Animal classes for geese formula feeds shall be as set forth in Table 1200-12 below:

Table 1200-12 Classes for Geese

Classes

Production Stage

Starter

0 to 4 weeks of age

Grower

4 to 8 weeks of age

Finisher

8 weeks to market

Breeder Developer

10 to 22 weeks of age

Breeder

22 weeks to end of lay

(3) Guaranteed analysis for duck and geese complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fiber;

d. Minimum and maximum percentage of calcium;

e. Minimum percentage of phosphorus;

f. Minimum and maximum percentage of salt, if added; and

g. Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;

(n) Required guarantees for fish complete feeds and supplements shall include the following:

(1) Animal species for fish shall be as set forth in Table 1200-13 below:

Table 1200-13 Classes for Fish

Species

Trout

Catfish

Species other than trout or catfish

(2) Guaranteed analysis for all fish complete feeds and supplements shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fiber; and

d. Minimum percentage of phosphorus;

(o) Required guarantees for rabbit complete feeds and supplements shall include the following:

(1) Animal classes for rabbits shall be as set forth in Table 1200-14 below:

Table 1200-14 Classes for Rabbits

Classes

Production Stage

Grower

4 to 12 weeks of age

Breeder

12 weeks of age and over

(2) Guaranteed analysis for rabbit complete feeds and supplements for all animal classes shall include the following:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Minimum and maximum percentage of crude fiber. The maximum crude fiber shall not exceed the minimum by more than 5.0 units;

d. Minimum and maximum percentage of calcium;

e. Minimum percentage of phosphorus;

f. Minimum and maximum percentage of salt, if added;

g. Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; and

h. Minimum Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added;

(p) The required guarantees of grain mixtures with or without molasses and feeds other than those described in Agr 1202.03(d) through (o) shall include the following items, unless exempted in Agr 1202.03 (q), in the order listed as follows:

(1) Animal classes and species for which the product is intended; and

(2) Guaranteed analysis, including:

a. Minimum percentage crude protein;

b. Maximum or minimum percentage of equivalent crude protein from non-protein nitrogen (NPN) as required in Agr 1202.04(e);

c. Minimum percentage of crude fat;

d. Maximum percentage of crude fiber;

e. Minerals in formula feeds, in the following order:

Minimum and maximum percentages of calcium;
Minimum percentage of phosphorus;
Minimum and maximum percentage of salt, if added;
Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee; and
Other minerals;

f. Minerals in feed ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

g. Vitamins in such terms as specified in Agr 1202.04(c);

h. Total sugars as invert on dried molasses products or products being sold primarily for their sugar content;

i. Viable lactic acid producing microorganisms for use in silages in terms specified in Agr 1202.04(g); and

j. A commercial feed such as but not limited to vitamin or mineral premix or base mix, intended to provide a specialized nutritional source for use in the manufacture of other feeds, shall state its intended purpose and guarantee those nutrients relevant to such stated purpose;

(q) Exemptions shall be as follows:

(1) A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers, is not required when:

a. The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or

b. The feed or feed ingredient is intended for non-food producing animals and contains less than 6.5% total mineral;

(2) Guarantees for vitamins shall not be required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement;

(3) Guarantees for crude protein, crude fat, and crude fiber shall not be required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses;

(4) Guarantees for microorganisms shall not be required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, and no specific label claims are made; and

(5) The indication for animal classes and species shall not be required on single ingredient products if the ingredient is not intended, represented, or defined for specific animal classes or species;

(r) Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of RSA 435:21 (I)(d), shall be as follows:

(1) The name of each ingredient as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, or common or usual name, where an ingredient is not defined by AAFCO;

(2) Collective terms for the grouping of feed ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, in lieu of the individual ingredients, provided that:

a. When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label; and

b. The manufacturer shall provide the state feed control official, upon request, with a list of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the state;

(s) Directions for use and precautionary statements or reference to their location shall be used if the detailed feeding directions and precautionary statements required by Agr 1202.06 and 1202.07 appear elsewhere on the label;

(t) The name and principal mailing address of the manufacturer or person responsible for distributing the feed shall appear. The principal mailing address shall include the street address, city, state, and zip code; and

(u) The quantity statement shall be as follows:

(1) Net quantity shall be declared in terms of weight, liquid measure, or count, based on applicable requirements under Section 4 of the Federal Fair Packaging and Labeling Act;

a. When the net quantity is labeled in terms of weight, it shall be expressed both in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound and in appropriate SI metric system units;

b. When the net quantity is labeled in terms of liquid measure, it shall be expressed both in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart and in appropriate SI metric system units; and

c. When the declaration of quantity of contents by count does not give adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1202.04 Expression of Guarantees {#sec-agr-1202.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.04}

(a) The guarantees for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and acid detergent fiber shall be in terms of percentage.

(b) Mineral guarantees shall be as follows:

(1) When the calcium, salt, and sodium guarantees are given in the guaranteed analysis such shall be stated and conform to the following:

a. When the minimum is below 2.5%, the maximum shall not exceed the minimum by more than 0.5 percentage point;

b. When the minimum is 2.5% but less than 5.0%, the maximum shall not exceed the minimum by more than one percentage point; and

c. When the minimum is above 5.0% or greater the maximum shall not exceed the minimum by more than 20% of the minimum and in no case shall the maximum exceed the minimum by more than 5 percentage points;

(2) When stated, guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus, and maximum fluorine shall be in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1%) or greater; and

(3) Products labeled with a quantity statement in tablets, capsules, granules, or liquid, may state mineral guarantees in milligrams (mg) per declared unit consistent with the quantity statement and directions for use.

(c) Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified below and stated in milligrams per pound (mg/lb) or in units consistent with those employed for the quantity statement unless otherwise specified:

(1) Vitamin A, other than precursors of vitamin A, in international units per pound;

(2) Vitamin D-3 in products offered for poultry feeding, in international chick units per pound;

(3) Vitamin D for other uses, international units per pound;

(4) Vitamin E, in international units per pound;

(5) Concentrated oils and feed additive premixes containing vitamins A, D, or E may, at the option of the distributor, be stated in units per gram instead of units per pound;

(6) Vitamin B-12, in milligrams or micrograms per pound; and

(7) All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following:

a. Menadione;

b. Riboflavin;

c. D-pantothenic acid;

d. Thiamine;

e. Niacin;

f. Vitamin B-6;

g. Folic acid;

h. Choline;

i. Biotin;

j. Inositol;

k. P-amino benzoic acid;

l. Ascorbic acid; and

m. Carotene.

(d) Guarantees for drugs shall be stated in terms of percent by weight, except as follows:

(1) Antibiotics present at less than 2,000 grams per ton of total commercial feed shall be stated in grams per ton of commercial feed;

(2) Antibiotics present at 2,000 or more grams per ton of total commercial feed, shall be stated in grams per pound of commercial feed;

(3) Labels for commercial feeds containing growth promotion or feed efficiency levels of antibiotics, being fed continuously as the sole ration, shall not be required to make quantitative guarantees, except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, 21 CFR 558, wherein, quantitative guarantees shall be included regardless of the level or purpose of the antibiotic; and

(4) The term “milligrams per pound” may be used for drugs or antibiotics in those cases where a dosage is given in “milligrams” in the feeding directions.

(e) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

(1) For ruminants, as follows:

a. Complete feeds, supplements, and concentrates containing more than 5% protein from natural sources shall be guaranteed as follows:

“Crude Protein, minimum, __%. This includes not more than % equivalent crude protein from non-protein nitrogen”;

b. Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows:

“Equivalent crude protein from non-protein nitrogen, minimum, ___%”; and

c. Ingredient sources of non-protein nitrogen such as urea, di-ammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic non-protein nitrogen ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, shall be guaranteed as follows:

“Nitrogen, minimum, ___%”; and

“Equivalent Crude Protein from Non-Protein Nitrogen, minimum, ___%”; and

(2) For non-ruminants, as follows:

a. Complete feeds, supplements, and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:

“Crude protein, minimum ___%. This includes not more than ___% equivalent crude protein which is not nutritionally available to species of animal for which feed is intended”; and

b. Premixes, concentrates, or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement:

“WARNING: This feed must be used only in accordance with directions furnished on the label.”

(f) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium when present, the minimum percentage of phosphorus, and the maximum percentage of fluorine.

(g) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb.) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

(h) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as protease Bacillus subtilis 5.5 mg amino acids liberated/min./milligram. If 2 or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

(i) Guarantees for dietary starch, sugars, and fructans for commercial feeds, other than customer-formula feed, pet food, and specialty pet food products shall be as follows:

(1) A commercial feed which bears on its labeling a claim in any manner for levels of “dietary starch,” “sugars,” “fructans,” or words of similar designation, shall include on the label:

a. Guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the guaranteed analysis section immediately following the last fiber guarantee; and

b. A maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products; and

(2) When such guarantees for dietary starch, sugars, or fructans for commercial feeds appear on the label, feeding directions shall indicate the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1202.05 Ingredients {#sec-agr-1202.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.05}

(a) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, or the common or usual name, where an ingredient is not defined by AAFCO.

(b) The name of each ingredient shall be shown in letters or type of the same size.

(d) The term “dehydrated” may precede the name of any product that has been artificially dried.

(e) A single ingredient product defined by the AAFCO may exclude an ingredient statement.

(f) Tentative definitions for ingredients shall not be used until adopted as official by AAFCO, unless no official definition exists or the ingredient has a common accepted name that requires no definition, such as sugar.

(g) When the word “iodized” is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19 (from Agr 1202.06)

N.H. Code Admin. R. Ann. Agr 1202.06 Directions for Use and Precautionary Statements {#sec-agr-1202.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.06}

(a) Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives including drugs, special purpose additives, or non-nutritive additives shall:

(1) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

(2) Include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug, and Cosmetic Act.

(b) Adequate directions for use and precautionary statements shall be on feeds containing non-protein nitrogen as specified in Agr 1202.07.

(c) Adequate directions for use and precautionary statements necessary for safe and effective use shall be on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

(d) Raw milk distributed as commercial feed shall bear the following statement:

“WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA.”

(e) The statement in (d) shall be displayed in a conspicuous manner and not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the quantity statement as shown in Table 1200-15, below:

Table 1200-15 Statement Type Size

Panel Size

Minimum Warning Statement Type Size

≤5 in. ²

1/16 in.

5 – ≤25 in.²

1/8 in.

25 – ≤100 in.²

3/16 in.

100 – ≤400 in.²

¼ in.

400 in.²

½ in.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19 (from Agr 1207.07)

N.H. Code Admin. R. Ann. Agr 1202.07 Non-Protein Nitrogen {#sec-agr-1202.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.07}

(a) Urea and other non-protein nitrogen products as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, shall be used as ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein.

(b) If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement as follows:

“CAUTION: USE AS DIRECTED.”

(c) The directions for use and the caution statement shall be in type of such size so placed on the label that they can be read and understood by ordinary persons under customary conditions of purchase and use.

(d) Non-protein nitrogen as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, may be used as ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of the total daily ration.

(e) On labels such as those for medicated feeds which bear adequate feeding directions or warning statements, the presence of added non-protein nitrogen shall not duplicate the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19 (from Agr 1202.08)

N.H. Code Admin. R. Ann. Agr 1202.08 Drug and Feed Additives {#sec-agr-1202.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.08}

(a) Prior to approval of a commercial feed registration application or approval of a label for commercial feed which contain additives including drugs, other special purpose additives, or non-nutritive additives, the distributor shall submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

(b) Satisfactory evidence of safety and efficacy of a commercial feed shall be:

(1) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in Title 21, Code of Federal Regulations, or which are “generally recognized as safe” (GRAS) for such use;

(2) When the commercial feed is itself a drug as defined in RSA 435:19, VII and is GRAS and effective for the labeled use or is marketed subject to an application approved by the United States Food and Drug Administration under section 512 of the Federal Food, Drug, and Cosmetic Act;

(3) When one of the purposes for feeding a commercial feed is to impart immunity that is to act through some immunological process the ingredients imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended;

(4) When the commercial feed is a direct fed microbial product and:

a. The product meets the particular fermentation product definition;

b. The microbial content statement, as expressed in the labeling, is limited to the following: “Contains a source of live (viable) naturally occurring microorganisms”; and

c. The source is stated with a corresponding guarantee expressed in accordance with Agr 1202.04(g); or

(5) When the commercial feed is an enzyme product and:

a. The product meets the particular enzyme definition as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; and

b. The enzyme is stated with a corresponding guarantee expressed in accordance with Agr 1202.04(h).

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19 (from Agr 1202.09)

N.H. Code Admin. R. Ann. Agr 1202.09 Adulterants {#sec-agr-1202.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.09}

(a) For the purpose of RSA 435:23, I (a) the terms “poisonous or deleterious substances” shall include, but shall not be limited to the following:

(1) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds:

a. 0.20% for breeding and dairy cattle;

b. 0.30% for slaughter cattle;

c. 0.30% for sheep;

d. 0.35% for lambs;

e. 0.45% for swine; and

f. 0.60% for poultry;

(2) Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration, exclusive of roughage, above the following amounts:

a. 0.004% for breeding and dairy cattle;

b. 0.009% for slaughter cattle;

c. 0.006% for sheep;

d. 0.01% for lambs;

e. 0.015% for swine; and

f. 0.03% for poultry;

(3) Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep, or goats consuming roughage with or without limited amounts of grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight;

(4) Soybean meal, flakes, or pellets or other vegetable meals, flakes, or pellets which have been extracted with trichlorethylene or other chlorinated solvents; and

(5) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1, thiamine.

(b) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than 4 viable prohibited weed seeds per pound and not more than 100 viable restricted weed seeds per pound.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19 (from Agr 1202.10)

N.H. Code Admin. R. Ann. Agr 1202.10 Current Good Manufacturing Practices and Hazard Analysis and Risk-Based Preventive Controls {#sec-agr-1202.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.10}

(a) Under the authority provided by RSA 435:23, IV, the following shall apply:

(1) Manufacturers of Type B and Type C medicated feeds shall comply with the regulations prescribing good manufacturing practices as published in Title 21, Code of Federal Regulations, §225.1–225.202; and

(2) Manufacturers of Type A medicated articles shall comply with the regulations prescribing good manufacturing practices as published in the Title 21, Code of Federal Regulations, §226.1–226.115.

(b) Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with the regulations prescribing good manufacturing practices as published in Title 21, Code of Federal Regulations, part 507.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1202.11 Certain Mammalian Proteins Prohibited in Ruminant Feed {#sec-agr-1202.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.11}

Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with the regulations prescribing certain mammalian proteins prohibited in ruminant feed as published in Title 21, Code of Federal Regulations, §589.2000-589.2001.

History

#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1202.12 Veterinary Feed Directive {#sec-agr-1202.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1202.12}

(a) Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with the definitions of animal drugs for use in animal feeds as published in the Title 21, Code of Federal Regulations, §558.3(b).

(b) Under the authority provided by RSA 435:27, manufacturers of animal feeds shall comply with requirements prescribing veterinary feed directive drugs as published in Title 21, Code of Federal Regulations, §558.6.

History

#12788, eff 5-23-19

Part Agr 1203 Pet Food and Specialty Pet Food

N.H. Code Admin. R. Ann. Agr 1203.01 Definitions, Terms, and Exemptions {#sec-agr-1203.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.01}

(a) “All life stages” means gestation or lactation, growth, and adult maintenance life stages.

(b) “Family” means a group of products, which are nutritionally adequate for any or all life stages based on their nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol.

(c) “Immediate container” means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

(d) “Ingredient statement” means a collective and contiguous listing on the label of the ingredients of which the pet food or specialty pet food is composed.

(e) “Pet” means a dog or a cat.

(f) “Pet food” means any commercial feed prepared and distributed for consumption by dogs or cats.

(g) “Specialty pet” means any animal normally maintained in a household, such as, but not limited to, rodents, ornamental bird, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not kept for meat or fur.

(h) “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.

(i) “Principal display panel” means the part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

(j) The following products shall be exempt from the definition of pet food or specialty pet food, unless the manufacturer, in its product labeling or advertising, makes any claim that the product is intended for use as an animal food, or that the product provides anything of nutritional value to the animal:

(1) Chews;

(2) Bones; and

(3) Toys.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.02 Label Format and Labeling {#sec-agr-1203.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.02}

(a) Pet food and specialty pet food shall be labeled with the following information on the principal display panel of the product in the following format:

(1) Product name and brand name, if any, on the principal display panel as stipulated in Agr 1203.03;

(2) A statement specifying the species name of pet, or specialty pet for which the food is intended, conspicuously designated on the principal display panel;

(3) Quantity statement, as specified in Agr 1202.03(u) by weight in pounds and ounces, and metric, liquid measure in quarts, pints and fluid ounces, and metric, or by count, on the principal display panel;

(4) Guaranteed analysis as specified in Agr 1203.04;

(5) Ingredient statement as specified in Agr 1203.05;

(6) Feeding directions if required under Agr 1203.08; and

(7) Name and address of the manufacturer or distributor as specified in RSA 435:21.

(b) When a pet food, or a specialty pet food enclosed in an outer container or wrapper, is intended for retail sale, all required label information shall appear on the outer container or wrapper.

(c) A vignette, graphic, or pictorial representation on a pet food or specialty pet food label shall not misrepresent the contents of the package.

(d) The use of the word “proven” in connection with a label claim for a pet food or specialty pet food shall be prohibited unless the claim is substantiated by scientific or other empirical evidence.

(e) No statement shall appear upon the label or labeling of a pet food or specialty pet food which makes false or misleading comparisons between that product and any other product.

(f) Personal or commercial endorsements may be on a pet food or specialty pet food label provided the endorsement is not false or misleading.

(g) A statement on a pet food or specialty pet food label stating improvement or newness shall be substantiated by the manufacturer and limited to 6 months production.

(h) A statement on a pet food or specialty pet food label stating preference or comparative attribute claims shall be substantiated by the manufacturer and limited to 1 year production, after which the claim shall be removed or re-substantiated.

(i) Raw milk distributed as pet food, or specialty pet food, shall contain a warning statement as follows:

“WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA.”; and

(j) The statement in (i) shall be displayed in a conspicuous manner and not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the quantity statement as shown in Table 1200-16, below:

Table 1200-16 Statement Type Size

Panel Size

Minimum Warning Statement Type Size

≤5 in. ²

1/16 in.

5 – ≤25 in.²

1/8 in.

25 – ≤100 in.²

3/16 in.

100 – ≤400 in.²

¼ in.

400 in.²

½ in.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.03 Brand and Product Names {#sec-agr-1203.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.03}

(a) The words “100%”, “all”, or words of similar designation shall not be used in the brand or product name of a pet food, or specialty pet food if the product contains more than one ingredient. However, for the purpose of this section, water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments shall not be considered ingredients.

(b) The name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients constitutes at least 95% of the total weight of the product. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage. However, the ingredients shall constitute at least 70% of the total product weight;

(2) The ingredient or combination of ingredients constitutes at least 25% of the weight of the product, provided that:

a. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients(s) shall constitute at least 10% of the total product weight;

b. A descriptor is used with the ingredient names such as “dinner”, “platter”, “entrée”, “formula”, and “recipe”. This descriptor shall imply other ingredients are included in the product formula; and

c. The descriptor shall be in the same size, style, and color print as the ingredient name(s); or

(3) The ingredient or combinations of ingredients which are included in the product name are as follows:

a. Each ingredient constitutes at least 3% of the product weight, excluding water sufficient for processing;

b. The names of the ingredients appear in the order of their respective predominance by weight in the product; and

c. All such ingredient names appear on the label in the same size, style, and color print.

(c) When the name of any ingredient appears in the product name of a pet food, or specialty pet food, or elsewhere on the product label and includes a descriptor such as “with”, the named ingredients shall constitute at least 3% of the product weight exclusive of water sufficient for processing. If the names of more than one ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The 3% minimum level shall not apply to claims for nutrients, such as, but not limited to, vitamins, minerals, and fatty acids, as well as condiments.

(d) The word “with,” or similar designation in (c), and named ingredients shall be in the same size, style, color, and case print and be of no greater size than as set forth in Table 1200-17 as follows:

Table 1200-17 Statement Type Size

Panel Size

Minimum Warning Statement Type Size

≤5 in. ²

1/16 in.

5 – ≤25 in.²

1/8 in.

25 – ≤100 in.²

3/16 in.

100 – ≤400 in.²

¼ in.

400 in.²

½ in.

(e) A flavor designation may be used as part of the product name or elsewhere on the label of a pet food, or specialty pet food if:

(1) The flavor designation:

a. Conforms to the name of the ingredient as listed in the ingredient statement; or

b. Is identified by the source of the flavor in the ingredient statement; and

(2) The word “flavor” is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

(f) Except as specified by Agr 1203.03 (b) or (c), the product name of the pet food, or specialty pet food, shall not be derived from one or more ingredients unless all ingredients are included in the name, provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

(1) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof;

(2) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or

(3) It is not otherwise false or misleading.

(g) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food, or specialty pet food, unless it is in compliance with Agr 1203.03 (b), (c), or (d).

(h) When pet food, or specialty pet food, consists of raw milk, the words, “Raw (blank) Milk” shall appear conspicuously on the principal display panel. “Blank” shall be completed by using the species of animal from which the raw milk is collected.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.04 Expression of Guarantees {#sec-agr-1203.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.04}

(a) The “guaranteed analysis” shall be listed in the following order and format:

(1) Required guarantees for pet food or specialty pet food shall be as follows:

a. Minimum percentage of crude protein;

b. Minimum percentage of crude fat;

c. Maximum percentage of crude fat, if required by Agr 1203.10;

d. Maximum percentage of crude fiber;

e. Maximum percentage of moisture; and

f. Additional guarantees shall follow moisture;

(2) When ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow moisture;

(3) A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(4) Guarantees for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, shall:

a. Immediately follow the listing of the recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer:

“Not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles.”; and

b. Appear immediately after the last such guarantee in the same size type as the guarantees; and

(5) A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO-recognized nutrient profile for the specific species; however, if no species-specific AAFCO- recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO Cat Food Nutrient Profile.

(6) Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall:

a. Immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer:

“Not recognized as an essential nutrient by the (blank).”; and

b. “Blank” shall be completed by listing the specific AAFCO recognized nutrient profile. This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. The disclaimer shall only be required when an AAFCO-recognized nutrient profile is available for the specific species of specialty pet.

(b) The guaranteed analysis shall not be expressed with the sliding scale method, such as “Minimum crude protein 15–18%”.

(c) The label of a pet food or a specialty pet food which is formulated as and represented to be a mineral supplement shall include the following:

(1) Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units specified in the nutrient profile; or

(2) Minimum guarantees for all minerals from sources declared in the ingredient statement expressed as the element in units specified in the AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO.

(d) Mineral guarantees required by Agr 1203.04 (c)(1) and (2) may be expressed in milligrams (mg) per unit such as, tablets, capsules, granules, or liquids consistent with those employed in the quantity statement and directions for use, and a weight equivalent such as, 1 fl. oz. = 28 grams for liquid products.

(e) The label of a pet food or a specialty pet food which is formulated as and represented to be a vitamin supplement shall include the following:

(1) Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units specified in the nutrient profile; or

(2) Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in the AAFCO Cat Food Nutrient Profiles when no species-specific nutrient profile has been recognized by AAFCO.

(f) Vitamin guarantees required by Agr 1203.04 (e) may be expressed in approved units such as, IU, mg, g, per unit of tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use, and liquids expressed as volume shall also list a weight equivalent such as, 1 fl. oz. = 28 grams.

(g) When the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile such as a table of comparison, a percentage, or any other designation referring to an individual nutrient or all of the nutrient levels, the following shall apply:

(1) The product shall meet the AAFCO-recognized nutrient profile;

(2) The statement of comparison shall be preceded by a statement that the product meets the AAFCO-recognized profile. However, the statement that the product meets the AAFCO-recognized nutrient profile shall not be required provided that the nutritional adequacy statement as per Agr 1203.07(a)(1) or (b)(2)(a) appears elsewhere on the product label;

(3) The statement of comparison of the nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis; and

(4) The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

(h) The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78% or the natural moisture content of the ingredients, whichever is higher. Pet food and specialty pet food such as, but not limited to, those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a milk replacer, and which are so labeled, may contain moisture in excess of 78%.

(i) Guarantees for crude protein, crude fat, and crude fiber shall not be required when the pet food or specialty pet food is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

(j) Guarantees for microorganisms and enzymes shall be stated in the format as stipulated in Agr 1202.04(g) and (h).

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.05 Ingredients {#sec-agr-1203.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.05}

(a) Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as follows:

(1) The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size, style, and color;

(2) The ingredients shall be listed in descending order by their predominance by weight in non-quantitative terms;

(3) The ingredients shall be listed and identified by the name and definition as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; and

(4) Any ingredient for which no name and definition have been so established shall be identified by the common or usual name of the ingredient.

(b) The ingredients “meat” and “meat by-products” shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, and goats. For example, ingredients derived from horses shall be listed as “horsemeat” or “horsemeat by-products”.

(d) A reference to the quality, nature, form, or other attribute of an ingredient shall be made when the reference meets all of the following:

(1) The designation is not false or misleading;

(2) The ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and

(3) A reference to quality or grade of the ingredient does not appear in the ingredient statement.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.06 Drugs and Pet Food Additives {#sec-agr-1203.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.06}

(a) An artificial color shall be used in a pet food or specialty pet food only if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in the United States Food and Drug regulations, Title 21 of the Code of Federal Regulations Part 73, as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets or specialty pets.

(b) Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food which contains additives or drugs, when used according to directions furnished on the label.

(1) When the pet food or specialty pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or are “GRAS” for such use; or

(2) When the pet food or specialty pet food itself is a drug or contains a drug as defined in RSA 435:19, VII and is “generally recognized as safe and effective” for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under Title 21, U.S.C. 360(b).

(d) When a drug is included in a pet food or specialty pet food, the format required by Agr 1202.03(b) for labeling medicated feeds shall be used.

History

#2075, eff 8-1-82; ss by #2825, eff 8-20-84; EXPIRED 8-20-92
#5488, eff 10-15-92, EXPIRED: 10-15-98
#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.07 Nutritional Adequacy {#sec-agr-1203.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.07}

(a) The label of a pet food or specialty pet food which is intended for all life stages and sizes of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as “complete and balanced,” “perfect,” “scientific,” or “100% nutritious” if at least one of the following apply:

(1) The product meets the nutrient requirements for all life stages and sizes established by an AAFCO-recognized nutrient profile, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

(2) The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s) as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; or

(3) The product is a member of a product family which is nutritionally similar to a lead product which contains a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, provided that:

a. The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

b. The family product meets the criteria for all life stages; and

c. Under circumstances of reasonable doubt, the New Hampshire State Control Official may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy.

(b) The label of a pet food or specialty pet food which is intended for a limited purpose, such as size of dog, or a specific life stage, but not for all life stages and sizes, may include a qualified claim such as “complete and balanced,” “perfect,” “scientific,” or “100% nutritious” when the product and claim meet all of the following:

(1) The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, for example, “complete and balanced for puppies”, or “complete and balanced for kittens.” The claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style, and color print; and

(2) The product shall meet at least one of the following:

a. The nutrient requirements for the limited purpose or specific life stage established by

an AAFCO-recognized nutrient profile, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;

b. The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol(s), as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; or

c. The requirements of a product family which is nutritionally similar to a lead product which contains a combination of ingredients which, when fed for such limited purpose, will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that:

The nutritional similarity of the family product can be substantiated according to the Procedures for Establishing Pet Food Product Families developed by AAFCO, as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A;
The family product meets the criteria for such limited purpose; and
Under circumstances of reasonable doubt, the New Hampshire State Control Official may require the manufacturer to perform additional testing for the family product to substantiate the claim of nutritional adequacy.

(c) Dog and cat food labels shall include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a “snack,” “treat,” or “supplement.”

(d) The statement in (c) shall consist of one of the following:

(1) A claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy such as, gestation/lactation, growth, maintenance, and all life stages. The claim shall be stated verbatim as one of the following:

a. “(Name of product) is formulated to meet the nutritional levels established by the AAFCO Dog (or Cat) Food Nutrient Profiles for (blank).”

“Blank” shall be completed by using the stage or stages of the pet’s life, such as gestation/lactation, growth, maintenance or the words “All Life Stages”. For a dog food, when the blank includes the words “Growth” or “All Life Stages,” one of the following phrases must also be added verbatim to the end of the claim:

If the product has been formulated to meet the levels of nutrients specifically referenced in the AAFCO dog food nutrient profiles as being applicable to large size growing dogs:

“including growth of large size dogs (70 lb. or more as an adult)”; or

If the product has not been formulated to meet the levels of nutrients specifically referenced in the AAFCO dog food nutrient profiles as being applicable to large size growing dogs:

“except for growth of large size dogs (70 lb. or more as an adult)”;

b. “Animal feeding tests using AAFCO procedures substantiate that (Name of Product) provides complete and balanced nutrition for (blank).”

“Blank” shall be completed by using the stage or stages of the pet’s life tested, such as, gestation/lactation, growth, maintenance or the words “All Life Stages”;

c. “(Name of Product) provides complete and balanced nutrition for (blank).”

“Blank” shall be completed by using the stage or stages of the pet’s life, such as gestation, lactation, growth, maintenance or the words “All Life Stages” and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests.

(2) A nutritional or dietary claim for purposes other than those listed in Agr 1203.07 (a) or (b) if the claim is scientifically substantiated; or

(3) If a product does not meet the requirements of Agr 1203.07(a) or (b) or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

(4) The claim shall be stated as:

“This product is intended for intermittent or supplemental feeding only.”

(e) A product intended for use by, or under the supervision or direction of a veterinarian shall make a statement in accordance with Agr 1203.07(c)(1) or (3).

(f) A signed affidavit attesting that the product meets the requirements of Agr 1203.07(a) or (b)(2) shall be submitted to the department upon request.

(g) If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO-recognized nutrient profile, or if no requirement has been established by an AAFCO recognized nutritional authority for the life stage(s) of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated.

(h) The following AAFCO-recognized nutritional authority, nutrient profile, or animal feeding protocol shall be acceptable as the basis for a claim of nutritional adequacy:

(1) As an AAFCO-recognized nutrient profile or nutritional authority:

a. For dogs, the AAFCO dog food nutrient profiles;

b. For cats, the AAFCO cat food nutrient profiles; and

c. For specialty pets, the nutrient recommendations approved by the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, provided that, this nutrient recommendation is recognized only for the specific specialty pet for which the profile is intended; and

(2) As an AAFCO-recognized animal feeding protocol(s), the AAFCO dog and cat food feeding protocols.

History

#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.08 Feeding Directions {#sec-agr-1203.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.08}

(a) Pet food, including snacks, or treats, labeled as complete and balanced for any or all life stages, as provided in Agr 1203.07(c)(1), shall list feeding directions as follows:

(1) Consistent with the intended uses indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere such as, adult formula;

(2) Expressed in common terms and shall appear prominently on the label;

(3) At a minimum, state, the following:

“Feed (weight/unit of product) per (weight only) of dog (or cat)”; and

(4) The frequency of feeding.

(b) When pet food is intended for use by, or under the supervision, or direction of a veterinarian, the following statement shall be used in lieu of feeding directions:

“Use only as directed by your veterinarian”

(c) Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in Agr 1203.07(a), shall list feed directions as follows:

(1) Adequate to meet the nutrient requirements of the intended species of specialty pet;

(2) Expressed in common terms and shall appear prominently on the label; and

(3) The frequency of feeding.

History

#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.09 Statements of Calorie Content {#sec-agr-1203.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.09}

(a) The label of a dog or cat food, including snacks, treats, and supplements, shall bear a statement of calorie content as follows:

(1) The statement shall be separate and distinct from the “guaranteed analysis” and shall appear under the heading “calorie content”;

(2) The statement shall be measured in terms of metabolizable energy (ME) on an as fed basis and shall be expressed both as “kilocalories per kilogram” (“kcal/kg”) of product, and as kilocalories per familiar household measure, such as, but not limited to, cans, cups, pounds, or unit of product such as treats, or pieces; and

(3) The calorie content shall be determined by one of the following methods:

a. Calculation using the following “Modified Atwater” formula:

ME (kcal/kg) =10[(3.5 × CP) + (8.5 × CF) + (3.5 × NFE)], where:

“ME” means metabolizable energy;
“CP” means the percentage of crude protein as fed;
“CF” means the percentage of crude fat as fed;
The percentages of CP and CF are the average values of these components in the product as determined by sound scientific methods, such as, but not limited to scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product; and
“NFE” means the percentage of nitrogen-free extract carbohydrate as fed, calculated by the difference between 100 and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash which shall have been determined in the same manner as CP and CF; or

b. In accordance with a testing procedure adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A.

(b) An affidavit shall be provided upon the request substantiating that the calorie content was determined by:

(1) Agr 1203.09(a)(3)a. in which case the summary data used in the calculation shall be included in the affidavit; or

(2) Agr 1203.09(a)(3)b. in which case the summary data used in the determination of calorie content shall accompany the affidavit;

(1) The heading “Calorie Content” on the label shall be followed parenthetically by the word “calculated” when the calorie content is determined in accordance with Agr 1203.09(a)(3)a; or

(2) The heading “Calorie Content” on the label shall be followed parenthetically by the word “fed” when the calorie content is determined in accordance with Agr 1203.09(a)(3)b.

(d) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

History

#7054, eff 7-20-99, EXPIRED: 7-20-07
#12487, INTERIM, eff 3-1-18, EXPIRED: 8-28-18
#12788, eff 5-23-19 (from Agr 1203.07)

N.H. Code Admin. R. Ann. Agr 1203.10 Descriptive Terms {#sec-agr-1203.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.10}

(a) Calorie terms used on labels shall be subject to the following requirements:

(1) Labels using the term “light” shall comply with the following:

a. Dog food products bearing the terms “light,” “lite,” “low calorie,” or words of similar designation shall contain and state on the label:

No more than 3100 kcal ME/kg for products containing less than 20% moisture;
No more than 2500 kcal ME/kg for products containing 20% or more but less than 65% moisture;
No more than 900 kcal ME/kg for products containing 65% or more moisture;
A calorie content statement in accordance with the format provided in Agr 1203.09; and
Feeding directions which reflect a reduction in calorie intake consistent with the intended use, and

b. Cat food products bearing the terms “light,” “lite,” “low calorie,” or words of similar designation shall contain and state on the label:

No more than 3250 kcal ME/kg for products containing less than 20% moisture;
No more than 2650 kcal ME/kg for products containing 20% or more but less than 65% moisture;
No more than 950 kcal ME/kg for products containing 65% or more moisture;
A calorie content statement in accordance with the format provided in Agr 1203.09; and
Feeding directions which reflect a reduction in calorie intake consistent with the intended use; and

(2) Labels using the terms “less” or “reduced calories” shall comply with the following:

a. The name of the product of comparison and the percentage of calorie reduction, expressed on an equal weight basis, explicitly stated and juxtaposed with the largest or most prominent use of the claim on each panel of the label on which the term appears;

b. The comparative statement printed in type of the same color and style and at least one-half the type size used in the claim;

c. A calorie content statement in accordance with the format provided in Agr 1203.09;

d. Feeding directions shall reflect a reduction in calories compared to feeding directions for the product of comparison; and

e. Comparisons between products in different categories of moisture content, such as less than 20%, 20% or more but less than 65%, and 65% or more, shall be deemed misleading;

(b) Fat terms used on labels shall be subject to the following requirements:

(1) Dog food product labels bearing the terms “lean”, “low fat”, or words of similar designation shall contain and guarantee on the label:

a. No more than 9% crude fat for products containing less than 20% moisture;

b. No more than 7% crude fat for products containing 20% or more but less than 65% moisture;

c. No more than 4% crude fat for products containing 65% or more moisture; and

d. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Agr 1203.04(a)(1); and

(2) Cat food product labels bearing the terms “lean”, “low fat”, or words of similar designation shall contain and guarantee on the label:

a. No more than 10% crude fat for products containing less than 20% moisture;

b. No more than 8% crude fat for products containing 20% or more but less than 65% moisture;

c. No more than 5% crude fat for products containing 65% or more moisture; and

d. A maximum crude fat guarantee immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Agr 1203.04(a)(1); and

(3) Labels using the terms “less” or “reduced fat” shall comply with the following:

a. For dog or cat food labels bearing a claim of “less fat”, “reduced fat”, or words of similar designation, the percentage of reduction and the product of comparison shall be explicitly stated and juxtaposed with the claim in the same size, style, and color print;

b. The product label shall also bear a maximum crude fat guarantee in the guaranteed analysis immediately following the minimum crude fat guarantee in addition to the mandatory guaranteed analysis information as specified in Agr 1203.04(a)(1); and

c. Comparisons between products in different categories of moisture content, such as less than 20%, 20% or more but less than 65%, 65% or more, shall be deemed misleading.

History

#7054, eff 7-20-99, EXPIRED: 7-20-07
#12788, eff 5-23-19 (from Agr 1203.08)

N.H. Code Admin. R. Ann. Agr 1203.11 Manufacturer or Distributor; Name and Address {#sec-agr-1203.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.11}

(a) The name and principal mailing address of the manufacturer or distributor shall appear. The principal mailing address shall include the street address, city, state, and zip code.

(b) When a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package was manufactured, or packaged, or from where each package is to be distributed.

History

#12788, eff 5-23-19

N.H. Code Admin. R. Ann. Agr 1203.12 Human Grade Claims {#sec-agr-1203.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1203.12}

(a) Labels using the term, Human Grade, shall comply with the following:

(1) The use of the term “human grade” shall only be acceptable in reference to the product as a whole. The feed term specifies that every ingredient and the resulting product must be stored, handled, processed, and transported in a manner that is consistent and compliant with regulations for current good manufacturing practices (cGMPs) for human edible foods as specified in 21 CFR part 117;

(2) The term “human grade” shall be deemed false and misleading if the product as a whole is not human edible. “Human grade” claims shall not be made for individual ingredients in a finished product that does not fully adhere to the manufacturing and ingredient specifications identified above;

(3) In order to substantiate that a “human grade” claim is truthful and not misleading, a manufacturer making one or more “human grade” claims shall have documentation that:

a. Each of the individual ingredient suppliers has verified that the individual ingredients supplied to the manufacturer are fit for human consumption;

b. Every ingredient and the resulting product are stored, handled, processed, and transported in a manner that is consistent and compliant with regulations for cGMPs for human edible foods as specified in 21 CFR part 117; and

c. The manufacturing facility is licensed to produce human food by the appropriate authority. Such evidence shall include, but is not limited to, facility licenses or permits for operation of edible food manufacturing facilities or results of most recent inspections issued by local, county, or state public health authorities;

(4) A pet food or specialty pet food product with “human grade” claims shall be clearly labeled for its intended use as animal food, such as “dog food” or “cat treats,” and follow all other pet food or specialty pet food labeling requirements;

(5) All uses of the words “human grade” on the label shall not be larger than the statement of intended use required by Agr 1203.02(a)(2);

(6) A claim of “human grade ingredients” shall only be acceptable if the product complies with Agr 1203.12(a); and

(7) In order to use the term “human grade” on brochures, point of sale materials, websites, and other marketing materials, the statement of intended use shall also be included. All uses of the words “human grade” on labeling shall not be larger than the statement of intended use.

(b) The application to register a pet food or specialty pet food product with a “human grade” claim shall include one of the following:

(1) Documentation to substantiate the “human grade” claim as specified in Agr 1203.12(a); or

(2) A copy of a USDA issued certificate which verifies that the operation meets the standards as specified in Title 21 CFR part 117.

Appendix A: Incorporation by Reference Information

Rule

Material Incorporated

How Material May be Obtained and Costs

Agr 1202.01(a) & (b)

Agr 1202.03(a)(7)

Agr 1202.03(p)(2)f.

Agr 1202.03(r)(1) & (2)

Agr 1202.04 (e)(1)c.

Agr 1202.05(a)

Agr 1202.07(a) & (d)

Agr 1202.08 (b)(5)a.

Agr 1203.04 (a)(3)

Agr 1203.05 (a)(3)

Agr 1203.07(a)(1),(2), & (3)a.

Agr 1203.07(b)(2)a. & b.

Agr 1203.07(c)(1)

Agr 1203.09(a)(3)b.

AAFCO Official Publication

2019 Edition

Association of American Feed Control Officials

1800 South Oak Street, Suite 100

Champaign, IL 61820

www.aafco.org/Publications

Costs: $130 for AAFCO Members

and $250 for Non-Members

Appendix B

Rule

Specific State Statute the Rule Implements

Agr 1200

RSA 435:25

(Specific rules implementing specific statutes are listed below)

Agr 1202

RSA 435:21 & 435:23

Age 1203

RSA 435:19 XVIII, 435:21 & 435:23

History

#12788, eff 5-23-19

Chapter Agr 1400 Weights and Measures

Part Agr 1401 Weights and Measures Definitions

N.H. Code Admin. R. Ann. Agr 1401.01 Definitions {#sec-agr-1401.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1401.01}

In Agr 1400 the following terms shall have the following meanings:

(a) “Accredited laboratory” means any metrology laboratory recognized by the National Institute of Standards and Technology (NIST) State Laboratory Program or accredited by an internationally recognized accrediting body that is in conformance with the standards of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) including ISO/IEC 17025 and ISO/IEC 17011;

(b) “As found” means the condition and accuracy of the device when first inspected or tested;

(d) “Certification” means that a device has been inspected and tested, is legal for use and has been left in proper working condition. Certification is indicated by a colored certification stamp displaying the year and month the device was inspected and is placed conspicuously on the device by a registered New Hampshire service technician or division official;

(e) “Certification stamp” means the state sticker applied to a device by a registered New Hampshire service technician or division official used to show that inspection and testing have proven a device correct. The term includes certification seal;

(f) “Commercial use” means “commercial use” as defined in RSA 438:1, XII, namely, “used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, commodities, or articles for distribution or consumption, purchased, offered, or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight, measure, or count”;

(g) “Commissioner” means the commissioner of the New Hampshire department of agriculture, markets and food or the commissioner's designee;

(h) “Correct” means that a device, in addition to being accurate, meets all applicable specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(i) “Department” means the New Hampshire department of agriculture, markets, and food;

(j) “Division” means the division of weights and measures in the New Hampshire department of agriculture, markets and food;

(k) “Factory scale” means a scale used in the manufacture of a company's products;

(l) “Inspect” means to determine that a device meets specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(m) “National Institute of Standards and Technology (NIST)” means a non-regulatory federal agency within the Department of Commerce with a mission to promote United States innovation and industrial competitiveness by advancing measurement science, standards and technology;

(n) “National Voluntary Laboratory Accreditation Program (NVLAP)” means the arm of the NIST which regularly assesses the processes and standards used by the New Hampshire metrology laboratory for the purpose of accreditation pursuant to ISO/IEC 17025;

(o) “New Hampshire metrology laboratory” means the facility where the New Hampshire weights and measures standards are located;

(p) “Person” means ‘person’ as defined in RSA 438:1, I, namely, “individuals, partnerships, corporations, companies, societies, and associations;”

(q) “Pre-pack scale” means a scale specially designed for putting up packages of random weights in advance of sale;

(r) “Prover” means a cylindrical metal container designed to contain an exact amount of a liquid;

(s) “Registered service technician” means an individual who holds a valid certificate of registration from the department who, for hire, installs, services, repairs, reconditions, tests, seals, or calibrates a commercial weighing or measuring device;

(t) “Tare weight” means the weight of packaging materials, containers, vehicles or any other materials or items which are deducted from the gross weight to determine the net weight of a commodity; and

(u) “Test" means to review a device to determine whether it appears to function as required.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1402 Public Weighmasters

N.H. Code Admin. R. Ann. Agr 1402.01 Purpose {#sec-agr-1402.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.01}

The purpose of Agr 1402 is to describe the procedures for individuals seeking to apply for a weighmaster license including the procedure for the initial application, examination requirements and the process for weighmaster license renewal.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1402.02 Licensure Requirement {#sec-agr-1402.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.02}

(a) Any person who, for hire or otherwise, uses a vehicle scale to weigh or measure any commodity or thing, or issues a statement or memorandum of weight or measure based on results obtained by using a vehicle scale in a commercial transaction, shall be licensed as a public weighmaster.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.01)

N.H. Code Admin. R. Ann. Agr 1402.03 Eligibility for Initial Public Weighmaster Licensure {#sec-agr-1402.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.03}

Initial public weighmaster licenses shall be issued only to individuals who:

(a) Are within 30 days of becoming 18 years of age, or older;

(b) Are citizens or legal residents of the United States;

(d) Have passed the written public weighmaster examination administered by the division.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.02)

N.H. Code Admin. R. Ann. Agr 1402.04 Application Procedures for Initial Public Weighmaster Licensure {#sec-agr-1402.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.04}

(a) Each applicant for a public weighmaster license shall submit to the division:

(1) A completed form “Weighmaster Application Form” described in Agr 1402.05;

(2) Payment of the non-refundable license fee specified by Agr 1410.06(a) and modified in accordance with Agr 1402.07(d); and

(3) Payment of the non-refundable examination fee of $20.00.

(b) License and examination fees shall be paid:

(1) In person by:

a. Cash; or

b. Check, bank draft, or money order made payable to “Treasurer, State of New Hampshire”; or

(2) By mail by check, bank draft, or money order made payable to “Treasurer, State of New Hampshire”.

(c) Any person who pays any license or examination fee with a check, draft or money order that is returned as uncollectible shall be charged, in addition to the amount of the check, draft or money order, the fee called for by RSA 6:11-a.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.03)

N.H. Code Admin. R. Ann. Agr 1402.05 Initial Public Weighmaster License Application Form {#sec-agr-1402.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.05}

(a) Any person who wishes initial licensure as a public weighmaster shall apply by completing and submitting form “Weighmaster Application Form.”

(b) Only the original of the completed form shall be submitted and copies of the completed form shall not be accepted.

(1) The date;

(2) The applicant's name, including last, first and middle;

(3) The applicant's residence address, including street, city, state, and 9-digit zip code;

(4) The applicant's mailing address, if different from the address for (3) above;

(5) The applicant's residential telephone number;

(6) The applicant's date of birth;

(7) The applicant's driver's license number and state and county of issuance;

(8) The applicant's e-mail address;

(9) If the applicant has held a public weighmaster license under another name, that other name;

(10) If the applicant has lived fewer than 5 years at the current address, the applicant's residential addresses for the past 5 years, including street, city, state, and 9-digit zip code;

(11) For the applicant's present employer:

a. The contact person;

b. The telephone number;

c. The fax number;

d. The toll-free telephone number;

e. The e-mail address, if available;

f. The name of the business;

g. The business's address, including street number, city, state, 9-digit zip code and county; and

h. The business's mailing address if different from the address for g. above;

(12) For the applicant's most recent previous employer for which the applicant held a public weighmaster license:

a. The name of the business; and

b. Its address, including street number, city, state and 9-digit zip code; and

(13) The type of weighing or measuring equipment used, including:

a. Manufacturer;

b. Model number;

c. Serial number;

d. Capacity;

e. Type of indicator;

f. Length of deck;

g. Date weighing or measuring equipment was last certified; and

h. The name of the company which certified the scale.

(d) On a separate page the applicant shall supply his or her social security number on the space provided beneath the following preprinted notice:

"The Commissioner of the Department of Agriculture, Markets and Food will deny licensure if you refuse to submit your social security number (SSN). Your license will not display your SSN. Your SSN will not be made available to the public.

The Commissioner is required to obtain your social security number for the purpose of child support enforcement in compliance with 42 USC 666(a)(13) and RSA 161-B:11. This collection of your social security number is mandatory.

(e) The applicant shall read, sign, and date “Weighmaster Application Form”, which states:

"I certify that I have in my possession a current copy of the public weighmaster rules and that I shall operate in accordance with these rules.

I certify that there are no willful misrepresentations, falsifications or material omissions in the information provided on this application.

I understand that, if an investigation discloses any willful misrepresentations, falsifications or material omissions, my application will be rejected.

I understand that, if an investigation after issuance of my public weighmaster license should disclose any willful misrepresentations, falsifications or material omissions, the license will be invalid and I will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2."

(f) Each applicant shall have in his or her possession prior to the issuance of an initial public weighmaster license his or her own personal copy of the current weights and measures rules, Agr 1400.

(g) The meaning of the signature required by (e) above shall be the applicant's:

(1) Certification that he or she possesses a copy of the public weighmaster rules;

(2) Promise that he or she will operate in accordance with them;

(3) Certification that there are no willful misrepresentations, falsifications, or material omissions in the information provided on the application form;

(4) Statement of understanding that if an investigation discloses any willful misrepresentations, falsifications or material omissions, the application will be rejected; and

(5) Statement of understanding that, if an investigation after issuance of a public weighmaster license to the applicant should disclose any willful misrepresentations, falsifications or material omissions, the license will be invalid and the applicant will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.04)

N.H. Code Admin. R. Ann. Agr 1402.06 Public Weighmaster Examination {#sec-agr-1402.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.06}

(a) Each applicant shall appear for a written examination scheduled by an examinations officer of the division before any license is issued.

(b) A passing score of 70 percent shall be attained before a license is issued.

(c) When an applicant fails to achieve a minimum score of 70 percent, the applicant may request to take the exam again upon payment of the re-examination fee of $20.00.

(d) Applicants who fail to achieve a test score of 70 percent shall not be retested more than once during any consecutive 7 day period.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.05)

N.H. Code Admin. R. Ann. Agr 1402.07 Duration of Public Weighmaster Licenses; Proration of Fees for Initial Licensure; Duration of Renewed Licenses; Fees for Renewal of Licensure {#sec-agr-1402.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.07}

(a) The duration of an initial public weighmaster license issued to an individual not working for a business employing other public weighmasters shall be calculated as follows:

(1) The beginning date shall be the first of the following dates after the applicant passes the weighmaster examination:

a. March 31;

b. June 30;

c. September 30; or

d. December 31; and

(2) The ending date shall be the anniversary of the beginning date falling in the next odd-numbered year.

(b) The duration of an initial public weighmaster license issued to an individual working for a business employing other public weighmasters shall begin and end on dates previously established for the business by the division.

(c) Initial public weighmaster licenses shall be issued for a period of not fewer than 15 months and not more than 27 months.

(d) The fee specified by Agr 1410.06(a) for an initial public weighmaster license shall be affected by the actual duration of the license as follows:

(1) Reduced by 1/24 for each month that the duration of the license is short of 24 months; and

(2) Increased by 1/24 for each month that the duration of the license exceeds 24 months.

(e) Renewed public weighmaster licenses shall have a duration of 24 months.

(f) The fee for renewal of a public weighmaster license shall be as specified by Agr 1410. 06 (b).

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.06)

N.H. Code Admin. R. Ann. Agr 1402.08 Renewal of Public Weighmaster Licenses {#sec-agr-1402.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.08}

(a) Applications for renewal of public weighmaster licenses shall be submitted no later than 10 days prior to the expiration of the licenses being renewed.

(b) Public weighmasters applying for renewal of their licenses shall:

(1) Follow the application procedures in (c) below; and

(2) Submit payment of the renewal fee to the division.

(1) Review the “Renewal Application –Weighmaster License Rev. 01/05” form as it is provided by the division;

(2) Correct any preprinted information which is incorrect; and

(3) Submit the form to the division after signing and dating the form in the space provided beneath the same preprinted statement as the preprinted statement described in Agr 1402.05(d).

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.07)

N.H. Code Admin. R. Ann. Agr 1402.09 Reinstatement of Expired Licenses {#sec-agr-1402.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.09}

(a) Licenses that have expired shall not be renewed.

(b) Individuals whose licenses have expired and who wish to be licensed again shall:

(1) Comply with the initial licensing application requirements specified in Agr 1402.04; and

(2) Retake the written public weighmaster examination.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.08)

N.H. Code Admin. R. Ann. Agr 1402.10 Grounds for Denial of Initial or Renewed Licenses {#sec-agr-1402.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.10}

The commissioner shall deny the application of any person for the issuance or renewal of a public weighmaster license if the commissioner determines that such applicant:

(a) Has made a willful misrepresentation or falsification on the application form;

(b) Has made a material omission on the application form;

(c) Has failed to pay any charge, fee, administrative fine, or civil or criminal penalty for a violation of Agr 1400 or RSA 438 which is due to the department or to a court arising out of proceedings brought by the division; or

(d) Has failed to comply with an order or finding by the commissioner.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.09)

N.H. Code Admin. R. Ann. Agr 1402.11 Notice of Denial {#sec-agr-1402.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.11}

The commissioner shall send a notice of the denial of an application for an initial license or renewal of a license by certified mail to the last known address of the applicant or licensee.

History

#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.10)

N.H. Code Admin. R. Ann. Agr 1402.12 Hearings {#sec-agr-1402.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.12}

Every applicant for, or holder of, a public weighmaster license shall be entitled to a hearing pursuant to Agr 200 if his or her application for an initial license or for license renewal is denied.

History

#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.11)

N.H. Code Admin. R. Ann. Agr 1402.13 Obligation to Notify the Commissioner of Changes {#sec-agr-1402.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 1402.13}

(a) Public weighmasters who are self-employed and change the name of their businesses, or are employees of businesses that change their business names, shall notify the commissioner in writing of such changes within 10 days of the effective date.

(b) Public weighmasters who change their residential or mailing addresses shall notify the commissioner in writing of such changes within 10 days of the change.

History

#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400) (from Agr 1402.12)

Part Agr 1403 Public Weighmaster Responsibilities

N.H. Code Admin. R. Ann. Agr 1403.01 Definitions {#sec-agr-1403.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.01}

In Agr 1403 the following terms shall have the following meanings:

(a) “Gross weight” means a single or total weight after combining the tare weight and the net weight;

(b) “Net weight” means the weight of a commodity excluding any materials, substances or items not considered to be part of the commodity, such as containers, conveyances, bags, wrappers, decorative accompaniments, and coupons;

(c) “Split weighing” means the weighing of a vehicle, or combination of vehicles, that is longer than the scale deck, without disconnecting the components of the vehicle and weighing each component separately to determine the gross weight, tare weight, and net weight of the vehicle or combination of vehicles; and

(d) “Weight certificate” means a document or statement which uses a unit of weight or measure, such as pounds, tons, gallons, cubic yards, or kilograms, to identify the quantity weighed or measured.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09; ss by #9639, eff 1-20-10
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.02 Licensure Requirement {#sec-agr-1403.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.02}

(a) Any person performing any of the functions of a public weighmaster shall have a currently valid license.

(b) A current list of licensed weighmasters shall be provided on the division’s website.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.03 Weighing, Measuring or Counting {#sec-agr-1403.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.03}

Except as otherwise provided in these rules, public weighmasters shall view, whether personally, electronically, or by other reasonable means, the weight of the vehicle, container, pallet or commodity for which the weight, measure or count is being certified at the time of, and for the purpose of, each certification.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.04 Weight Certificates; How to Record Weights {#sec-agr-1403.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.04}

(a) Public weighmasters shall complete all weight certificates using black ink or black type.

(b) Digital indicators used by public weighmasters shall be equipped with electronic recording elements.

(c) Public weighmasters using digital indicators equipped with electronic recording elements that determine the gross, tare, or net weight or any combination thereof shall electronically print each weight entry on the weight certificate.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.05 Weight Certificates; Required Entries {#sec-agr-1403.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.05}

Public weighmasters shall provide the following, as applicable to the transaction, on each weight certificate:

(a) The date on which the weight, measure, or count was determined;

(b) The street address or location and the municipality where the weighing, measuring, or counting occurred;

(c) The complete signature of the public weighmaster who determined each weight, measure or count, whether handwritten or electronically imprinted, or the weighmaster’s license number issued by the division;

(d) The kind of commodity and any other information that might be necessary to identify the commodity or distinguish it from a similar commodity;

(e) The name of the owner or the owner's agent, and, if applicable, the name of the purchaser or broker;

(f) The tare weights of, and the description of, any boxes, bins, pallets, or other containers;

(g) When a vehicle or combination of vehicle and trailer is weighed for the purpose of issuing a weight certificate, the license plate number and state where the vehicle or combination is registered;

(h) The unit of weight or measure, such as pounds, tons, gallons, or kilograms, used to identify the quantity; and

(i) At least one of the following:

(1) The gross weight of the commodity and the vehicle or container, if only the gross weight was determined;

(2) The tare weight of the unladen vehicle or container, if only the tare weight was determined;

(3) The gross, tare, and net weights when a gross and tare are used in determining the net weight; or

(4) The true net weight, measure or count when no gross and tare weights are involved in determining the net quantity of the commodity.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.06 Retention of Copies of Weight Certificates {#sec-agr-1403.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.06}

(a) Each public weighmaster shall keep and preserve for a period of 2 years all copies of voided certificates and a true legible copy of each weight certificate issued.

(b) These records shall be available for inspection by any inspector of the division of weights and measures during normal business hours.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.07 Weight Certificate; Partial Entries {#sec-agr-1403.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.07}

(a) If the weight certificate provides for the entry of gross, tare, and net weights, and the public weighmaster determines only the gross weight or the tare weight or the net weight, the public weighmaster shall strike through or otherwise cancel the printed entries for the weights not determined or computed.

(b) If the weight certificate does not provide for the entry of a tare weight or net weight, and in any case in which a public weighmaster determines only a gross weight, the public weighmaster shall write across the face of the certificate, or issue a preprinted certificate stating, “no other weights have been computed”.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.08 Scrap Metal and Salvage Materials {#sec-agr-1403.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.08}

In all cases where scrap metal and salvage materials are purchased or sold using a vehicle scale, the quantity of the scrap metal and salvage material shall be determined by a licensed public weighmaster, and a weight certificate shall be issued to the buyer or seller.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.09 Requirement That Entire Vehicle Rest On Scale’s Platform {#sec-agr-1403.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.09}

(a) Public weighmasters shall not weigh a vehicle or combination of vehicles for certification unless the entire vehicle or connected combination of connected vehicles is resting entirely on the scale platform.

(b) When weighing a combination of vehicles that will not rest entirely on the scale platform at one time, the combination shall be disconnected and the parts weighed separately. The weights determined by this procedure shall be combined for the purpose of issuing a single certificate.

(c) Public weighmasters shall not do split weighing except in the determination of axle and road weights for road weight limit purposes.

(d) The requirement that the entire vehicle rest on the scale platform shall not apply to the weighing of motor vehicles required by RSA 266:17.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.10 Change of Net Contents After Recordation of Weight {#sec-agr-1403.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.10}

When the weight or measure of a vehicle, container, or pallet and its net contents have been recorded on a weighmaster certificate, a public weighmaster shall not remove a part of, or add to, the net contents before the contents are delivered to the purchaser or broker, unless the public weighmaster:

(a) Writes across the face of the original certificate the word “INCORRECT”;

(b) Issues a corrected certificate to all parties who were issued the original certificate; and

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.11 Correction of Weight, Measure or Count Certificates {#sec-agr-1403.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.11}

If, after a certificate has been issued, an error is discovered on the certificate regarding the weight, measure, or count, the public weighmaster who issued the certificate shall make the following corrections:

(a) Write across the face of the original certificate the word "INCORRECT";

(b) Issue a corrected certificate to all parties who were issued the original certificate; and

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.12 Alteration of Tare Weight of Vehicle Prior to Determining Net Weight of Commodity {#sec-agr-1403.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.12}

When the tare weight of a vehicle or the weight of the vehicle and its contents have been recorded on a weight certificate, no person shall alter the tare weight of the vehicle prior to the time that the net weight of the commodity has been determined and recorded on the certificate.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.13 Adjustments to Load; Commodity Weights Determined at Sites Other Than the Site Where the Vehicle Was Loaded {#sec-agr-1403.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.13}

The following information, additional to the information otherwise required, shall appear on a weight certificate issued when adjustments are made to the load and the weights are determined at a site other than the site where the vehicle was loaded:

(a) The gross weight of the commodity and the vehicle at the time of the initial weighing;

(b) The gross weight of the commodity and the vehicle after the adjustment; and

(c) The name and address of the owner or the owner's agent and the name of either the purchaser or broker of the commodity.

History

#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.14 Predetermined Tares Prohibited {#sec-agr-1403.14 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.14}

Public weighmasters shall not determine or establish a standard or average tare weight for a vehicle, container, or pallet for any purpose, or use a predetermined tare weight in any weighing.

History

#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (formerly Agr 1403.14) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.15 Weight Verification {#sec-agr-1403.15 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.15}

Pursuant to the commissioner's authority in RSA 438:7, any person ordered by a division inspector to proceed to a specified scale for the verification of the weight of vehicles or commodities shall comply.

History

#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (formerly Agr 1403.17) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1403.16 Prohibitions {#sec-agr-1403.16 omnilex-key=us-nh-regs-official--agency-agr--Agr 1403.16}

A licensed public weighmaster shall not:

(a) Work as a public weighmaster without being currently licensed with the division;

(b) Transfer the public weighmaster license to any other person, or permit another person to use it;

(c) Manufacture, advertise for sale, sell or possess any fictitious, facsimile or simulated public weighmaster license that could be mistaken for a valid license;

(d) Pre-sign weight certificates for future use;

(e) Make changes or alterations on weight certificates when an error has been discovered;

(f) Make a handwritten weight entry on a weight certificate if the scale is equipped with a printer that is functioning correctly;

(g) Make an entry on a weight certificate that was issued by any other person;

(h) Enter on a weight certificate values or other data that have not been personally determined, whether by use of the public weighmaster's physical senses or electronically captured;

(i) In a direct sale, use a scale equipped with a primary indicating element when the indications are so positioned they cannot be accurately read from some reasonable customer position;

(j) Use a weighing or measuring device that is not currently licensed and certified as required by Agr 1407;

(k) Issue a weight certificate when the weight of the item being weighed exceeds the rated weight capacity of the scale;

(l) Use a scale to weigh a load when the gross weight or net weight exceeds the rated capacity of the scale;

(m) Issue a weight certificate for the gross weight, net weight, or tare weight of a vehicle which exceeds the gross weight limits set forth in RSA 266:18;

(n) Use a vehicle scale to weigh net loads smaller than an amount equal to 50 scale divisions for all weighings except for weighings of solid waste as that term is defined in RSA 149-M:4, XXII;

(o) Falsify a weight certificate;

(p) Issue upon request of any person a false or incorrect weight certificate;

(q) Alter a weight certificate by adding the gross or tare or net weight, or add any combination of gross or net or tare weight, to the weight certificate which was not recorded at the time of weighing or measuring;

(r) Alter a weight certificate by deleting the gross or tare or net weight or any combination of gross or net or tare weight which was recorded on the weight certificate;

(s) Possess an incomplete or unused weight certificate that contains the electronically imprinted signature of another public weighmaster, unless engaged in the business of printing, distributing, or selling public weighmaster certificate forms;

(t) Possess an unused weight certificate unless licensed as a public weighmaster or engaged in the business of printing, distributing, or selling weighmaster certificate forms;

(u) Possess an incomplete or partially completed weight certificate signed by a public weighmaster;

(v) Complete, partially complete or issue a weight certificate with an electronically imprinted signature of another public weighmaster; or

(w) Complete, partially complete or issue a weight certificate with a hand printed signature of another public weighmaster.

History

#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (formerly Agr 1403.18) (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1404 Registration of Service Technicians

N.H. Code Admin. R. Ann. Agr 1404.01 Purpose {#sec-agr-1404.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.01}

The purpose of Agr 1404 is to describe the procedures for individuals seeking to apply for a service technician license including the procedure for the initial application, exam requirements, and equipment certification. The rules also describe the process for service technician license renewal.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.02 Definitions {#sec-agr-1404.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.02}

In Agr 1404 the following terms shall have the following meanings:

(a) “Correct” means that a device, in addition to being accurate, meets all applicable specifications, tolerances and technical requirements of NIST Handbook 44, as modified by administrative rule of the commissioner;

(b) “Factory scale” means a scale used in the manufacture of a company's products;

(c) “Inspect” means to determine that a device meets specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(d) “Pre-pack scale” means a scale specially designed for putting up packages of random weights in advance of sale;

(e) “Prover” means a cylindrical metal container designed to contain an exact amount of a liquid; and

(f) “Test” means to review a device to determine whether it appears to function as required.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.01) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.03 Certificates of Registration as a Service Technician {#sec-agr-1404.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.03}

(a) The commissioner shall issue certificates of registration as a service technician.

(b) Certificates of registration shall authorize the holder to install, service, repair, recondition, test and calibrate commercial weighing and measuring devices in any of the device categories listed in (c) below.

(1) Category A, scales with a capacity of 30 pounds or less;

(2) Category B, scales with a capacity greater than 30 pounds up to and including 300 pounds;

(3) Category C, scales with a capacity greater than 300 pounds up to and including 3,000 pounds;

(4) Category D, scales with a capacity greater than 3,000 pounds up to and including 20,000 pounds, except vehicle scales;

(5) Category E, scales with a capacity greater than 20,000 pounds, except vehicle scales;

(6) Category F, vehicle scales;

(7) Category G, analytical balances;

(8) Category H, retail motor fuel dispensers, except LP gas and natural gas dispensers;

(9) Category I, LP gas retail motor fuel dispensers;

(10) Category J, natural gas retail motor fuel dispensers;

(11) Category K, vehicle tank meters, except LP gas and natural gas meters;

(12) Category L, bulk storage meters;

(13) Category M, LP gas vehicle tank meters;

(14) Category N, taxi meters;

(15) Category O, linear and cordage measure;

(16) Category P, farm bulk milk tanks;

(17) Category Q, bulk motor oil meters;

(18) Category R, lift truck on-board weighing systems, including refuse or recyclable materials collection trucks; and

(19) Category S, timing devices.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.02) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.04 Eligibility for Initial Certificates of Registration as a Service Technician {#sec-agr-1404.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.04}

Initial service technician certificates of registration shall be issued only to individuals who:

(a) Are within 30 days of becoming18 years of age, or older;

(b) Are citizens or legal residents of the United States;

(d) Have complied with the application procedures in Agr 1404.05;

(e) Possess or have available test equipment:

(1) Adequate to test devices in the device categories for which the applicant seeks a certificate of registration; and

(2) Certified by an accredited laboratory, prior to the application; and

(f) In the case of applicants for certificates of registration choosing to work with devices in categories A, B and H listed, respectively, in Agr 1404.02(d)(1), (d)(2) and (d)(8):

(1) Have passed the written service technician examination administered by the division;

(2) Attended all sessions of a division-sponsored seminar offered as an alternative to the examination; or

(3) Passed the appropriate examination administered by the National Conference on Weights and Measures Professional Certification Program for the category the applicant has applied for.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.03) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.05 Application Procedures for Initial Certificates of Registration {#sec-agr-1404.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.05}

(a) Applicants for certificates of registration shall submit proof to the division for examination and calibration all testing equipment which they intend to use after their registration and which has not already been certified by an accredited laboratory. The commissioner shall not issue a certificate of registration until the testing equipment has been examined and calibrated.

(b) Applicants for certificates of registration shall submit to the commissioner:

(1) A completed “Application for Initial Certificate of Registration as a Service Technician” described in Agr 1404.06;

(2) Payment of the non-refundable license fee specified by Agr 1410.06(a) as adjusted according to Agr 1404.08(d); and

(3) If choosing to work with devices in categories A, B or H, payment of the non-refundable examination fee of $20.00 or the fee for a division-sponsored seminar offered as an alternative to the examination.

(1) In person by:

a. Cash; or

b. Check, bank draft or money order made payable to "Treasurer, State of New Hampshire"; or

(2) By mail by check, bank draft or money order made payable to "Treasurer, State of New Hampshire".

(d) Any person who pays any registration or examination fee with a check, draft or money order that is returned as uncollectible shall be charged, in addition to the amount of the check, draft or money order, the fee called for by RSA 6:11-a.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.04) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.06 Application Form for Initial Certificate of Registration as a Service Technician {#sec-agr-1404.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.06}

(a) Any person who wishes to receive an initial certificate of registration as a service technician shall complete and submit to the commissioner the application form entitled “Application Form for Initial Certificate of Registration”.

(b) The applicant shall supply the following:

(1) The date;

(2) The applicant's name, including last, first and middle;

(3) The applicant's residence address, including street, city, state and 9-digit zip code;

(4) The applicant's mailing address, if different from the address in (3) above;

(5) The applicant's residential telephone number;

(6) The applicant's date of birth;

(7) The applicant's driver's license number and state and county of issuance;

(8) The applicant's e-mail address;

(9) If the applicant has held a service technician registration under another name, that other name;

(10) If the applicant has lived fewer than 5 years at the current address, the applicant's residential addresses for the past 5 years, including street, city, state and 9-digit zip code;

(11) For the applicant's present employer:

a. The contact person;

b. The telephone number;

c. The fax number;

d. The toll-free telephone number;

e. The e-mail address;

f. The name of the business;

g. The business's address, including street number, city, state, 9-digit zip code; and

h. The business's mailing address if different from the address for g. above;

(12) For the applicant's most recent previous employer for which the applicant held a certificate of service technician registration:

a. The name of the business; and

b. The business's address, including street number, city, state and 9-digit zip code;

(13) The particular device categories selected from the list in Agr 1404.03(c) for which the applicant wishes to be registered;

(14) A list of test weights to be used by the applicant after registration;

(15) A list of test measures to be used by the applicant after registration;

(16) A list of any other types of test equipment to be used by the applicant after registration;

(17) If the test equipment has already been certified, the date it was certified; and

(18) If the test equipment has already been certified, the laboratory where it was certified.

(d) On a separate page the applicant shall supply his or her social security number on the space provided beneath the following preprinted notice:

"The Commissioner of the Department of Agriculture, Markets and Food will deny registration if you refuse to submit your social security number (SSN). Your certificate of registration will not display your SSN. Your SSN will not be made available to the public.

(e) An applicant for a certificate of registration shall read, sign and date “Application Form for Initial Certificate of Registration” which states:

“I understand that the only standards to be used shall be those certified by an accredited laboratory. If the standards are certified by an accredited laboratory other than the division’s, I shall be required to submit a certificate from the other accredited laboratory before a registration certificate can be issued to me. I certify that I possess or have available the necessary standards and testing equipment to service those device categories for which I am requesting a certificate of registration.”

(f) An applicant for a certification shall read, sign, and date “Application Form for Initial Certificate of Registration” below the following preprinted statement:

“I certify that I have a current edition of NIST Handbook 44 and of NIST Handbook 112. I certify that I have a current copy of Agr 1400, the administrative rules pertaining to weights and measures. I promise that I shall operate in accordance with those rules. I certify that there are no willful misrepresentations, falsifications or material omissions in the information provided on this application. I understand that, if an investigation discloses any willful misrepresentations, falsifications or material omissions, my application will be rejected. I understand that, if after issuance of a certificate of registration to me, an investigation should disclose any willful misrepresentations, falsifications or material omissions, the certificate of registration will be invalid and I will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2.”

(g) The meaning of the signature required by (e) above shall be the signer's:

(1) Statement of understanding that the only standards to be used shall be those certified by the division of weights and measures laboratory or another accredited laboratory;

(2) Statement of understanding that, if the standards are certified by another accredited laboratory, the applicant shall be required to submit a certificate from the other accredited laboratory before a registration certificate can be issued; and

(3) Certification that the applicant possesses or has available the necessary standards and testing equipment to service those device categories for which the applicant is requesting a certificate of registration.

(h) The meaning of the signature required by (f) above shall be the signer's:

(1) Certification that he or she possesses current editions of NIST Handbook 44 and NIST Handbook 112;

(2) Certification that he or she has a current copy of Agr 1400 and promise to operate in accordance with Agr 1400;

(3) Certification that there are no willful misrepresentations, falsifications or material omissions in the information provided on the application form;

(4) Statement of understanding that if an investigation discloses any willful misrepresentations, falsifications or material omissions, his or her application will be rejected; and

(5) Statement of understanding that, if an investigation after issuance of a registration certificate to the applicant should disclose any willful misrepresentations, falsifications or material omissions, the certificate of registration will be invalid and the applicant will be subject to an administrative fine under RSA 438:40, IV and possible prosecution under RSA 641:2.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.05) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.07 Application for Service Technician Examination; Examination or Seminar {#sec-agr-1404.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.07}

(a) Each applicant choosing to work with devices in categories A, B, or H shall appear for a written examination scheduled by an examinations officer of the division before any license is issued.

(b) The division shall offer an instructional seminar as an alternative to the written service technician examination required of applicants choosing to work with devices in categories A, B or H listed in Agr 1404.02(d)(1), (d)(2) and (d)(8), respectively, whenever:

(1) The division's budget permits;

(2) Competent instructors are available; and

(3) Changes in technology make a seminar more effective than an examination in ensuring competence in those to receive certificates of registration.

(1) Notify applicants of the date, time and location of examinations and seminars; and

(2) Post examination study material on its website at http://www.agriculture.nh.gov/.

(d) Applicants taking the written service technician examination shall achieve a passing score of 70 percent before a certificate of registration is issued.

(e) When an applicant fails to achieve a minimum score of 70 percent on the written service technician examination, he or she shall have the option to:

(1) Review his or her tests prior to submitting an application to take the examination again; and

(2) Apply to take the examination again by:

a. Completing a new “Application Form for Initial Certificate of Registration”; and

b. Paying the re-examination fee of $20.

(f) Applicants shall not be tested more than once during any consecutive 7-day period.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.06) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.08 Duration of Certificates of Registration; Proration of Fees for Initial Certificates of Registration; Duration of Renewed Certificates of Registration and Fees for Renewal of Certificates of Registration {#sec-agr-1404.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.08}

(a) The duration of an initial certificate of registration issued to an individual not working for a business employing other registered service technicians shall be calculated as follows:

(1) The beginning date shall be the first of the following dates after the applicant submits his or her application, passes the examination or successfully completes the seminar, as applicable:

a. March 31;

b. June 30;

c. September 30; or

d. December 31; and

(2) The ending date shall be the one-year anniversary of the beginning date.

(b) The duration of an initial certificate of registration issued to an individual working for a business employing other registered service technicians shall begin and end on dates previously established for the business by the division.

(c) Initial certificates of registration shall be issued for a period of not fewer than 3 months and not more than 15 months.

(d) The fee specified by Agr 1410.05(a) for an initial certificate of registration shall be affected by the actual duration of the certificate as follows:

(1) Reduced by 1/12 for each month that the duration of the certificate is short of 12 months; and

(2) Increased by 1/12 for each month that the duration of the certificate exceeds 12 months.

(e) Renewed certificates of registration as a service technician shall have a duration of 12 months.

(f) The fee for renewal of a certificate of registration shall be as specified in Agr 1410.05(b).

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.07) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.09 Renewal of Certificates of Registration as a Service Technician {#sec-agr-1404.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.09}

(a) Service technicians intending to renew such a certificate shall submit proof in the form of calibration certificates from accredited laboratories showing all testing equipment, except for the equipment described in (g) below has been certified.

(b) All paperwork required for a renewal for a certificate of registration as a service technician shall be submitted no later than 30 days prior to the expiration of the certificate being renewed. This shall include the completed and signed renewal form and all calibration certifications for any and all equipment to be used by the technician seeking renewal.

(1) Submit payment of the renewal fee to the division;

(2) Follow the general application procedures in (d) below; and

(3) Comply with the requirements in (e) and (f) below if those requirements are applicable.

(d) The general application procedures shall require that applicants for renewal of a certificate of registration:

(1) Review the “Renewal Application for Service Technician License” as it is provided by the division;

(2) Correct any preprinted information which is incorrect; and

(3) Complete and submit the form to the division after signing and dating the same statement(s) they were required to sign on the application form for the initial certificate of registration.

(e) Every 6 years applicants seeking renewal of certificates of registration to work with devices in categories A, B or H listed in Agr 1404.02(d)(1), (d)(2), and (d)(8), respectively, shall:

(1) Pass the written service technician examination administered by the division; or

(2) Attend and successfully complete a division-sponsored seminar offered as an alternative to the examination.

(f) Applicants required by (e) above to pass the written service technician examination or successfully complete a division-sponsored seminar shall:

(1) Comply with the examination application procedures in Agr 1404.06; and

(2) Submit payment of the $20 examination fee to the division.

(g) The only testing equipment that is not required to be re-examined and re-calibrated annually by an accredited laboratory shall be LPG and vehicle tank meter provers, 50 gallons or larger. Such provers shall be calibrated at least every 5 years.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.08) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.10 Reinstatement of Expired Certificates of Registration {#sec-agr-1404.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.10}

Individuals whose certificates of registration have expired and who wish to be registered again shall:

(a) Be eligible in accordance with Agr 1404.04;

(b) Comply with the application procedures set forth in Agr 1404.05; and

(1) Pay the examination fee and pass the examination again; or

(2) Take an instructional seminar if one is available.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; amd by #7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.09) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.11 Grounds for Denial of Certificate of Registration {#sec-agr-1404.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.11}

The commissioner shall deny an application for an initial certificate of registration as a service technician or for renewal of such a certificate if the commissioner determines that the applicant:

(a) Has made a willful misrepresentation or falsification on the application form;

(b) Has made a material omission on the application form;

(c) Has failed to pay any charge, fee, administrative fine or civil or criminal penalty for a violation of Agr 1400 or RSA 438 which is due to the commissioner or to a court arising out of proceedings brought by the division; or

(d) Has failed to comply with an order or finding by the commissioner.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.10) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.12 Notice of Denial {#sec-agr-1404.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.12}

The commissioner shall send a notice of the denial of an application for an initial certificate of registration or renewal of a certificate of registration by certified mail to the last known address of the applicant or certificate holder.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.11) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.13 Hearings {#sec-agr-1404.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.13}

Every applicant for, or holder of, a certificate of registration as a service technician shall be entitled to a hearing pursuant to Agr 200 if his or her application for an initial or renewed certificate of registration is denied.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.12) (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1404.14 Obligation to Notify the Commissioner of Changes {#sec-agr-1404.14 omnilex-key=us-nh-regs-official--agency-agr--Agr 1404.14}

Service technicians shall notify the division in writing within 10 days of the date of change when:

(a) They are self-employed and change the names of their businesses;

(b) They are employees of businesses that change their business names; or

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (from Agr 1404.13) (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1405 Service Technician Duties

N.H. Code Admin. R. Ann. Agr 1405.01 Purpose {#sec-agr-1405.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.01}

The purpose of Agr 1405 is to describe the requirements and duties of licensed service technicians including but not limited to maintaining a valid license, privileges, reporting duties, and test equipment requirements.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.02 Definitions {#sec-agr-1405.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.02}

In Agr 1405 the following terms shall have the following meanings:

(a) "As found" means the condition and accuracy of the device when first inspected or tested;

(b) "As sealed" means the condition and accuracy of the device when sealed;

(c) “Basic tolerances” means those tolerances on under registration and on overregistration, or in excess and in deficiency, that are established by a particular code for a particular device under normal tests, whether maintenance or acceptance. Basic tolerances include minimum tolerance value when these are specified. Special tolerances, identified as such and pertaining to special tests, are not basic tolerances;

(d) "Condemned device" means any commercial device that does not, upon examination by the division of weights and measures, meet the requirements of NIST Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices" and that cannot be repaired;

(e) "Correct" means that a device, in addition to being accurate, meets all applicable specifications, tolerances and technical requirements of NIST Handbook 44 as modified by administrative rule of the commissioner;

(f) “Device license” means the proof of licensure that a business receives which indicates commercially used devices are in compliance with Agr 1407.

(g) "Field standard" means an artifact which has been successfully matched to a state standard described in RSA 438:4 and is used to calibrate a weight or measure;

(h) "National Voluntary Laboratory Accreditation Program (NVLAP)" means the arm of the National Institute of Standards and Technology which regularly assesses the processes and standards used by the New Hampshire metrology laboratory for the purpose of accreditation pursuant to ISO/IEC 17025;

(i) "Placed in service/inspection report form" means a form submitted to the division by a registered service technician reporting that the service technician has installed, repaired or inspected a licensed device or accomplished any combination of those activities, and that the device is correct as the term is defined in (e) above;

(j) "Security seal" means a uniquely identifiable physical seal, such as a lead-and-wire seal or other type of locking seal, pressure-sensitive and sufficiently permanent to reveal its removal, or any similar apparatus attached to a weighing or measuring device for protection against, or indication of, access to adjustment;

(k) "Substitution test" means a scale testing process used to quantify the weight of material or objects for use as a known test load; and

(l) “Tolerance” means a value fixing the limit of allowable error or departure from true performance or value.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.03 Possession of Certificate of Registration {#sec-agr-1405.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.03}

(a) No person shall service any device licensed by the commissioner unless that person holds a valid certificate of registration as a service technician with the division.

(b) A list of service technicians with valid licensees shall be published on the division website and updated periodically.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.04 Test Equipment {#sec-agr-1405.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.04}

(a) Service technicians shall possess or have available test equipment to adequately test devices in the device categories for which they hold a certificate of registration.

(b) Pursuant to RSA 438:8, IV, service technicians shall use in their work only testing equipment and field standards which meet the specifications in:

(1) The NIST Handbook 105 series;

(2) Supplements to the Handbook 105 series;

(3) Publications by NIST revising or superseding the Handbook 105 series; and

(4) NIST Handbook 44 and its revisions.

(c) Service technicians shall ensure that field standards and testing equipment that have evidence of excessive wear, or that are or might have been damaged, are examined and calibrated as needed to correct them.

(d) Service technicians shall possess, and consult when necessary in the course of their work, a current copy of NIST Handbook 44 and NIST Handbook 112, whether in book or electronic form.

(e) When requested, service technicians shall provide their customers a written estimate containing:

(1) An itemization of the service or repair work to be performed;

(2) An estimated price for labor, parts, and all other charges related to the service or repair work to be performed, including, but not limited to, a mileage charge and hourly rate; and

(3) An estimated completion date.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.05 Privileges of Service Technicians {#sec-agr-1405.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.05}

Service technicians may:

(a) Remove, in conjunction with repairing, rebuilding, or reconditioning devices, official security seals or rejection tags or marks placed on the devices by the division;

(b) Place devices into commercial service if they meet the requirements of NIST Handbook 44, unless ordered not to do so by the division;

(1) In accordance with NIST Handbook 44, the instructions of the device manufacturer and any instructions marked on the devices; and

(2) In fixed locations so that their operation and performance will not be adversely affected by any characteristics of the foundation, supports or other aspect of their installation;

(d) Adjust devices by making all adjustments and calibrations to devices as closely as practicable to zero error; and

(e) Remove and appropriately affix security seals to any adjustment mechanisms designed to be sealed, unless ordered otherwise by the division.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.06 Reporting Duties of Service Technicians {#sec-agr-1405.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.06}

(a) Service technicians shall complete and submit to the division a “Placed in Service/Inspection Report Form” whenever they install, repair, adjust, rebuild, service, recondition, test, calibrate, or certify a weighing, measuring, or counting device in commercial use, as further set forth in Agr 1405.07.

(b) Service technicians who test and calibrate a commercial device for the renewal of a device license, or for the removal or replacement of a security seal, shall complete and submit to the division a “Placed in Service/Inspection Report Form”, as further set forth in Agr 1405.07.

(c) Service technicians shall notify the division of any weighing, measuring or counting devices used commercially which they find fail to meet the division's requirements by:

(1) Completing and submitting to the division a “Placed in Service/Inspection Report Form”; and

(2) Stating in the "remarks" section of the form the details of the device's non-compliance.

(d) Service technicians shall notify the division as described in Agr 1405.08(b) when they dispose of condemned devices.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.07 Placed in Service/Inspection Report Forms {#sec-agr-1405.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.07}

(a) The division shall furnish each registered service technician with a supply of paper report forms known as "Placed in Service/Inspection Report Forms". These forms shall be available only to registered service technicians.

(b) Service technicians shall use only the following “Placed in Service/Inspection Report Forms”:

(1) Paper forms supplied by the division;

(2) Forms electronically scanned by the service technicians from forms supplied by the division and confirmed upon their receipt by the division to be accurate replicas of such forms; and

(3) As available, forms:

a. E-mailed to service technicians by the division;

b. Printed by service technicians from electronic discs supplied by the division; or

c. Downloaded by service technicians from the division’s website.

(d) Each placed in service/report form shall:

(1) Be executed in triplicate; and

(2) Be completed and signed by the registered service technician.

(e) Whether the placed in service/inspection report form was provided on paper by the division or created as described in (b) above, distribution of the completed form shall be as follows:

(1) If the service technician removes an inspector's rejection tag from the device, the original of the form together with the rejection tag shall be mailed to the division within 5 days of the date of service;

(2) If the service technician did not remove an inspector's rejection tag from the device, the original of the form shall be mailed, or scanned and e-mailed, to the division within 5 days of the date of service;

(3) The first copy of the form shall be delivered to the device's owner or operator at the time the device is placed into service or mailed to the device's owner or operator within 5 days of the date of service; and

(4) The second copy shall be retained by the service technician.

(f) Service technicians shall:

(1) Retain their copies of completed placed in service/inspection report forms for at least one year; and

(2) Make them available to division inspectors during normal business hours.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.08 Disposition of Condemned Devices {#sec-agr-1405.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.08}

Service technicians shall have the following duties whenever they accept or receive weighing or measuring devices which have been condemned by a division inspector:

(a) They shall remove the "condemned" tag from the device and return the tag to the division within 10 days after accepting or receiving the condemned device; and

(b) They shall prepare and submit to the division a written statement describing the device, the manner in which the device was disposed of and the name and address of the device owner or user.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.09 Use of Security Seals {#sec-agr-1405.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.09}

(a) Service technicians shall affix a security seal to any adjustment mechanism:

(1) At the time the device is being placed into commercial use for the first time;

(2) When returning a device to commercial use after servicing, repairing or reconditioning it;

(3) When a device is being tested for renewal of an owner's device license; and

(4) When the seal has to be broken before an adjustment can be made.

(b) A wire security seal shall be used when a device is equipped with means for applying a wire security seal.

(c) When a device is not equipped with means for applying a wire security seal and another type of security seal must be used, the seal shall be a tamper proof seal sufficiently permanent to show its removal.

(d) When a service technician crimps the lead or polypropylene portion of a security seal with the seal press, the lead or polypropylene portion of the seal shall show the serviceman's seal number.

(e) The service technician may inscribe any letters or numbers onto the other side of the die press except that the letters “NH”, “NHDA”, “NHDAMF”, and “WM” shall be reserved for the sole use by the division of weights and measures.

(f) A pressure-sensitive paper seal shall show the following:

(1) The name and address of the service agency that employs the service technician, if any;

(2) The signature of the service technician and certificate of registration number; and

(3) The date the device was tested and the seal affixed.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.10 Identification of Devices at Time of Certification {#sec-agr-1405.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.10}

When weighing or measuring devices are tested or calibrated and the devices lack a manufacturer's serial number, service technicians shall request division-issued serial numbers and affix them to the devices.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.11 Minimum Test Weights and Test Loads for In-Service Scales {#sec-agr-1405.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.11}

The minimum test weights and test loads for in-service scales shall be as stated in NIST Handbook 44.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.12 Minimum Test; Scales {#sec-agr-1405.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.12}

When a new scale is installed, the scale shall be tested as follows:

(a) Scales shall be tested with certified test weights in accordance with the appropriate sections of the following documents:

(1) NIST Handbook 44 "Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices"; and

(2) NIST Handbook 112 "Examination Procedure Outlines for Commercial Weighing and Measuring Devices," 2002 edition as amended.

(b) When conducting a substitution test on a weighing device, service technicians shall:

(1) Apply known test weight(s) to the load-receiving element as outlined in NIST Handbook 44, NIST Handbook 112 or both;

(2) Remove the known test weight(s) and apply to the load-receiving element an unknown weight or weights not exceeding the amount of known test weight(s) first applied to the load-receiving element of the scale; and

(3) Repeat the process described in (2) above until the scale has been tested to its capacity.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.13 Minimum Test Equipment; Retail and Wholesale Liquid Measuring Devices {#sec-agr-1405.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.13}

(a) A prover shall meet all of the design, material and construction criteria contained in one of the following:

(1) NIST Handbook 105-3;

(2) NIST Handbook 105-4; or

(3) NIST Handbook 105-7.

(b) The size of a prover used for testing and or calibration of retail and wholesale liquid measuring devices shall be as follows:

(1) A prover with a capacity of not less than 5 gallons shall be used if the maximum discharge rate of the device is equal to or less than 19 gallons per minute; and

(2) A prover with capacity equal to or greater than the volume of the product delivered after a one minute test flow shall be used when the maximum discharge rate of a device is rated at more than 19 gallons per minute.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.14 Testing Retail and Wholesale Liquid Measuring Devices {#sec-agr-1405.14 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.14}

Retail and wholesale liquid measuring devices shall be tested with test equipment certified in accordance with NIST Handbook 44 "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices".

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.15 Vehicle Scales; Form Sclgcap {#sec-agr-1405.15 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.15}

Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Sclgcap” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial vehicle scales.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.16 Scales and Linear Measures; Form SCLM/5-97 {#sec-agr-1405.16 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.16}

Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form SCLM5-97” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial scales and linear measures, except vehicle scales.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.17 Retail Motor Fuel Devices; Form Rtfuel {#sec-agr-1405.17 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.17}

Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Rtfuel” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial motor fuel devices.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.18 Liquid Petroleum Gas Meters; Form LPG {#sec-agr-1405.18 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.18}

(a) Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form LPG” when installing, servicing, repairing, reconditioning, or performing annual testing of commercial devices used to meter liquefied petroleum gas.

(b) Service technicians shall complete the test data section of “Placed in Service/Inspection Report Form LPG” and record the "as found" conditions and the "as sealed" conditions for both the temperature compensated tests and the uncompensated tests.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.19 Large-Volume Petroleum Measuring Devices; Form Lg.vol {#sec-agr-1405.19 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.19}

Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Lg.vol” when installing, servicing, repairing, reconditioning, or performing annual testing of large-volume petroleum measuring devices.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.20 Vehicle Tank Meters; Form Vehtank {#sec-agr-1405.20 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.20}

Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Vehtank Form” when installing, servicing, repairing, reconditioning, or performing annual testing of vehicle tank meters.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.21 Taxi Meters; Form Taxi {#sec-agr-1405.21 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.21}

Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form Taxi” when installing, servicing, repairing, reconditioning, or performing annual testing of taxi meters.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.22 Liquid Measuring Devices; Form Liq.other {#sec-agr-1405.22 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.22}

Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Liq. Form” other when installing, servicing, repairing, reconditioning, or performing annual testing of commercial devices for which there is no specifically designated placed in service/inspection report form available.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.23 Automatic Temperature Compensation for Refined Petroleum Products; Form RPP/TC-10-02 {#sec-agr-1405.23 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.23}

(a) Service technicians shall complete and submit to the division the “Placed in Service/Inspection Report Form RPP/TC-10-02” when installing, servicing, repairing, reconditioning or performing annual testing of devices used to deliver refined petroleum products that are equipped with automatic temperature compensators.

(b) Service technicians shall complete the test data section of Form RPP/TC-10-02, item A through P, and record the "as found" condition and the “as sealed” condition of the system.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.24 Acts Prohibited to Holders of Certificates of Registration {#sec-agr-1405.24 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.24}

A service technician holding a certificate of registration shall not:

(a) Display or cause or permit to be displayed any suspended, fictitious, or altered certificate of registration;

(b) Transfer the certificate of registration to any other person or permit any other person to use it;

(d) Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated certificate of registration in such a manner that it could be mistaken for a valid certificate of registration;

(e) Place in service, repair, or certify any weighing, measuring or counting device(s) in such a way that places said device in an "incorrect" status;

(f) Use testing equipment which has not been certified by the division's laboratory or other accredited laboratory during the time interval required by these rules;

(g) Place in service a commercial weighing device that has been indefinitely ordered out-of-service by a weights and measures inspector;

(h) Impersonate a weights and measures inspector;

(i) Falsify any placed in service/inspection report;

(j) Move a certification stamp from one device to another;

(k) Affix a security seal in such a way as to make it ineffective in its purpose of securing an adjustment mechanism; or

(l) Violate RSA 438 or the administrative rules implementing it.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.25 Certification Stamp {#sec-agr-1405.25 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.25}

Certification stamps shall include:

(a) A place for the registered service technician or department official to indicate:

(1) The stamp issuance date, including month and year;

(2) The registered service technician or department official’s initials; and

(3) The registered service technician’s license number or the department official’s identifying number.

(b) A background color dedicated to its year of issue;

(d) A peel-away layer to expose an adhesive with which to affix to the commercial device.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.26 Certification Stamp Request and Cost {#sec-agr-1405.26 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.26}

(a) The division shall only provide certification seals to:

(1) Registered service technicians;

(2) Servicing agencies that employ registered service technicians; or

(3) Department officials.

(b) A registered service technician, a servicing agency that employs a registered service technician, or a department official, shall apply for the certification stamps in person at 25 Capitol Street, Concord, New Hampshire, or by mail by providing the following information:

(1) The name of the applicant;

(2) Other contact information such as business name, address, and phone number;

(3) Shipping address, if different from the address in (b)(2) above;

(4) Number of stamps requested; and

(5) Payment by cash, or by money order or check made payable to the “Treasurer, State of NH.”

(1) For pick-up at the division’s Concord offices only if he or she is in possession of a government-issued photo identification and proof of employment by a servicing agency; or

(2) By mail or shipping service, to the provided shipping address.

(d) If an applicant requests mail or shipping service as specific above in (c)(2), the applicant shall pay postage or shipping costs.

(e) Payment for certification stamps, including postage or shipping costs if applicable, shall be made by check, money order, or cash and shall be pre-paid. Checks or money orders shall be made payable to the “Treasurer, State of NH.” No debit or credit cards shall be accepted.

(f) Certification stamps shall be available in packs of 50, at the division’s actual cost of production.

(g) Certification stamps shall not be transferred or resold.

(h) Any servicing agency employing registered service technicians or self-employed registered service technician that changes ownership, reorganizes, closes, or changes its name, shall report to the division its remaining certification stamp inventory.

(i) Following a report under (h) above, the division shall re-assign the certification stamps to any successor business, if requested.

(j) Certification stamps shall be issued for the current calendar year and shall be affixed only during the calendar year for which they are issued, except that requests for the upcoming year’s certification stamps shall be accepted starting 8 weeks prior to the end of the current year.

(k) The division shall not:

(1) Prorate or discount the price of the certification stamps; or

(2) Issue reimbursements for missing, damaged, unused, expired, or destroyed certification stamps.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.27 Certification Stamp Reporting {#sec-agr-1405.27 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.27}

(a) Registered service technicians shall report the use of certification stamps to the division within 5 days of affixing the certification seal to a device on the “Placed In Service/Inspection Report Form,” as specified in Agr 1405.07.

(b) Except as specified in (e) below, registered service technicians shall report the loss or accidental destruction of any certification stamp within 5 days of its loss or accidental destruction, by notifying the division of weights & measures by certified mail.

(1) The quantity of missing, damaged, or stolen certification stamps; and

(2) The number or range of numbers that identifies the missing, damaged, or stolen certification stamps.

(d) Registered service technicians or departmental officials shall affix only current year certification stamps to commercial devices.

(e) Registered service technicians shall not transfer or sell any unused or unwanted certification stamps pursuant to Agr 1405.26(g).

(f) Registered service technicians or their employers shall destroy any unused certification stamps at the end of the calendar year.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.28 Certification Stamp Procedure {#sec-agr-1405.28 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.28}

(a) A certification stamp shall be invalid unless it complies with the procedures set forth in this rule.

(b) The commissioner shall only provide certification stamps to those specified in Agr 1405.27(a).

(1) To commercial devices placed into commercial use for the first time;

(2) To devices returned to commercial use after they have been serviced, repaired, calibrated, or reconditioned if the prior certification seal was destroyed or removed as a result of the service, repair, calibration, or reconditioning; and

(3) To commercial devices upon the request of the owner of such device.

(d) In order to properly affix the certification stamp to the commercial device, the registered service technician or department official shall:

(1) Be the person who conducted this certification process;

(2) Be the only person to handle and affix the certification stamp;

(3) Accurately complete the certification stamp, writing legibly with an indelible writing instrument and in accordance with Agr 1405.25 (a)(1)-(3);

(4) Indicate the appropriate corresponding month in which the registered service technician is certifying the device; and

(5) Affix the certification stamp to the device.

(e) Certification stamps to be affixed to the device shall not be mailed, or delivered by any other means, to the commercial device owner or operator, and shall only be affixed as set forth in (c) and (d).

(f) Any certification stamp affixed to a commercial device shall:

(1) Indicate the appropriate month and year; and

(2) Be positioned so that it is visible and unobstructed to the anticipated average consumer during the device’s commercial use, and on a portion of the device that is not customarily removable.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.29 Complaint {#sec-agr-1405.29 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.29}

Any person who suspects wrongdoing under these rules may file a complaint with the department as specified in Agr 203.02.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.30 Form for Placed in Service/Inspection Report for Liquid Petroleum Gas Meters {#sec-agr-1405.30 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.30}

(a) In addition to other requirements set by rule, statute, or other law each registered service technician shall complete and submit “Placed in Service/Inspection Report Form LPG” Rev. 07/14 to the department.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form LPG” Rev. 07/14:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about the liquid petroleum gas meter:

a. Make of meter;

b. Serial number;

c. Size;

d. Minimum and maximum rated G.P.M.;

e. Make of register;

f. Register model number;

g. Register serial number;

h. Whether there is a temperature compensator;

i. Thermometer well; and

j. Vapor eliminator;

(4) The following information about the test data:

a. Type of test;

b. Flow rate;

c. Meter temperature 35 gallon;

d. Meter temperature 70 gallons;

e. Tank pressure;

f. Prover pressure;

g. Prover temperature;

h. Prover reading to nearest 0.05 gallon and

i. Meter reading;

(5) If an uncompensated run, the following:

a. Average meter temperature;

b. Temperature difference;

c. Temperature correction factor;

d. Correction for temperature difference; and

e. Temperature correction prover reading; and

(6) If either an uncompensated or compensated run, the following:

a. Correction for prover pressure reading;

b. Correction for prover temperature;

c. Corrected prover reading;

d. Meter reading; and

e. Net meter error, in cubic inches if desired.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.31 Form for Placed in Service/Inspection Report for Retail Motor Fuel Devices {#sec-agr-1405.31 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.31}

(a) In addition to other requirements set by rule, statute, or other law, each registered service technician shall complete and submit “Placed in Service/Inspection Report Form rtfuel 04-2004 (Rev. 07/14)” to the department.

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form rtfuel 04-2004 (Rev.07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) A statement of the product key as either:

a. Regular;

b. Mid grade;

c. Premium;

d. Ultra;

e. Diesel;

f. Kerosene;

g. High speed diesel; or

h. Other product key;

(4) The following information about the retail motor fuel devices:

a. Pump number;

b. Make of meter;

c. Serial number; and

d. Product key;

(5) The following information about the test data:

a. Type of test;

b. Prover reading as found;

c. Prover reading as sealed;

d. SN number being replaced; and

e. Gallons used for test; and

(6) A statement of the business’s pumps as either:

a. Certified; or

b. Rejected.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.32 Form for Placed in Service/Inspection Report for Scales and Linear Measures {#sec-agr-1405.32 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.32}

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form sclm/12-03 (Rev. 04/15)”:

(1) Name of business; and

(2) Full address, including city, state, and zip code;

a. The following information about each scale and/or linear measure at the business:

b. Whether installed;

c. Whether it replaces a prior device, and the device’s serial number (SN#);

d. Whether repaired;

e. Whether tested and calibrated;

f. Whether rejected;

g. Whether placed in service;

h. Make of scale or linear measure;

i. Model number of scale or linear measure;

j. Serial number;

k. Capacity; and

l. Location or lane number.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.33 Form for Placed in Service/Inspection Report for Precision Scales (Category G) {#sec-agr-1405.33 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.33}

(a) In addition to other requirements set by rule, statute, or other law, each registered service technician shall complete and submit “Inspection Report Form for Precision Scales (Category G) 03-17” to the division.

(b) A registered service technician shall furnish the following on form “Scale Inspection Report Form for Precision Scales (Category G) 03-17”:

(1) Name of business;

(2) Full address, including city, state, and zip code; and

(3) The following information about each scale at the business:

a. Device information including:

Certificate of conformance number;
Make, model, and serial number;
Capacity;
Division size;
Security seal number;
Indicator number; and
Whether it replaces a prior device, and, if so, the device’s serial number (SN#); and

b. Inspection and testing information “as found” and “as left”, including:

Whether the device passes or fails;
Certification stamp number;
Scale at zero;
Level condition;
Display and weighing platter visible to the customer;
Scale protected from environmental factors;
Sufficient scale support;
Digital indications working properly;
Buttons and computations working properly;
Tested at location of scale use;
Shift test results; and
Load test results.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.34 Form for Placed in Service/Inspection Report for Large Volume Petroleum Measuring Devices {#sec-agr-1405.34 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.34}

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form lg.vol 04-2005 (Rev. 07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each large volume petroleum measuring device at the business:

a. Whether installed;

b. Whether certified;

c. Whether it replaces a prior device, and the device’s serial number (SN#);

d. Whether repaired;

e. Whether tested and calibrated;

f. Whether rejected;

g. Make of meter;

h. Serial number of meter;

i. Product used to test meter;

j. Make of register; and

k. Serial number of register;

(4) The following information about each test data:

a. Type of test;

b. Actual discharge rate;

c. Totalizer reading start; and

d. Totalizer reading finish;

(5) The following information about each prover data:

a. Prover temperature;

b. Prover reading;

c. Correction for expansion/contraction of prover;

d. Volume correction for prover reading; and

e. Prover reading corrected to 60 degrees Fahrenheit;

(6) The following information about each meter data:

a. Gross meter reading; and

b. Net meter reading;

(7) If the run is an uncompensated run or systems that give both gross and net readings, the following:

a. Average meter temperature;

b. Volume correction for meter reading; and

c. Meter reading corrected to 60 degrees Fahrenheit;

(8) Net delivery error; and

(9) Correct gross delivery error.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.35 Placed in Service/Inspection Report for Vehicle Tank Meters {#sec-agr-1405.35 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.35}

(b) A registered service technician shall furnish the following on form “VEHTANK 04-2005 (REV.07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each vehicle tank meter at the business:

a. Whether installed;

b. Whether certified;

c. Whether it replaces a prior device, and the device’s serial number (SN#);

d. Whether repaired;

e. Whether tested and calibrated;

f. Whether rejected;

g. Equipment number;

h. Make of meter;

i. Serial number of meter;

j. Size;

k. Product used to test meter;

l. Make of register; and

m. Serial number of register;

(4) If the following installation complies with NIST Handbook 44:

a. Air eliminator and hose;

b. Zero reset;

c. Adjustments found sealed;

d. Antidrain valve;

e. Printer; and

f. Data plate visible; and

(5) The following information about each performance data as found and as sealed:

a. Type of test;

b. Gallons per minute;

c. Meter indication;

d. Prover reading; and

e. Meter error.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.36 Placed in Service/Inspection Report for Vehicle Scales {#sec-agr-1405.36 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.36}

(a) In addition to other requirements set by rule, statute, or other law, each registered service technician shall complete and submit form “Placed in Service/Inspection Report Form Vehicle Sales SCLGCAP REV. 8/10” to the department.

(b) A registered service technician shall furnish the following on form “Placed in Service/Inspection Report Form Vehicle Sales SCLGCAP REV. 01/07”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each vehicle tank meter at the business:

a. Whether installed;

b. Whether certified and stamp number;

c. Whether repaired;

d. Whether tested and calibrated;

e. Whether rejected;

f. Make of scale;

g. Scale capacity;

h. Serial number of scale;

i. Make of beam or dial;

j. Minimum grad;

k. Make of indicator;

l. Platform size;

m. Type of levers; and

n. Balance condition on arrival;

(4) Section test as found;

(5) Section test as sealed;

(6) The following information about the load test results:

a. Sensitivity requirement (“SR”) at zero;

b. SR at maximum test load; and

c. Scale indication;

(7) The following information about each performance data as found and as sealed:

a. Test load;

b. Scale indication; and

c. Error; and

(8) The following information about the strain-load test from left to right and right to left:

a. Indicate weight of empty truck;

b. Amount of test weights added;

c. Scale indication; and

d. Error on test weighs only.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.37 Form for Placed in Service/Inspection Report for Refined Petroleum Products {#sec-agr-1405.37 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.37}

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form RPP/TC-10-02 (Rev. 07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each refined petroleum products device at the business:

a. Whether installed;

b. Whether repaired;

c. Whether tested and calibrated for device license;

d. Make of meter;

e. Serial number of meter;

f. Model number of meter;

g. Size;

h. Make of register;

i. Minimum and maximum marked discharge rates;

j. Meter location;

k. Product;

l. Identify all accessories;

m. Start and finishing totalizer readings; and

n. Tolerance applied;

(4) The following information about each test data:

a. Type of test;

b. Actual discharge rate;

c. Totalizer reading start; and

d. Totalizer reading finish;

(5) The following information about each prover data:

a. Prover temperature;

b. Prover reading;

c. Correction for expansion/contraction of prover;

d. Volume correction for prover reading; and

e. Prover reading corrected to 60 degrees Fahrenheit;

(6) The following information about each meter data:

a. Gross meter reading; and

b. Net meter reading;

(7) If an uncompensated run or systems that give both gross and net readings, the following:

a. Average meter temperature;

b. Volume correction for meter reading; and

c. Meter reading corrected to 60 degrees Fahrenheit;

(8) Net delivery error; and

(9) Correct gross delivery error.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1405.38 Form for Placed in Service/Inspection Report for Taxi Meters {#sec-agr-1405.38 omnilex-key=us-nh-regs-official--agency-agr--Agr 1405.38}

(b) A registered service technician shall furnish the following on “Placed in Service/Inspection Report Form TAXI 08-2007 (REV. 07/14)”:

(1) Name of business;

(2) Full address, including city, state, and zip code;

(3) The following information about each taxi meter:

a. Whether installed;

b. Whether certified and the stamp number;

c. Whether tested and calibrated for device license;

d. Whether rejected;

e. Whether repaired;

f. Equipment number;

g. Vehicle identification number;

h. Registered plate number;

i. Tire size;

j. Make of meter;

k. Serial number of meter;

l. Model number of meter;

m. Drop money;

n. Plus money;

o. Odometer reading-ending;

p. Odometer reading-beginning;

q. Total miles; and

r. Total money value;

(4) The following information about each test data:

a. Type of test;

b. Actual discharge rate;

c. Totalizer reading start; and

d. Totalizer reading finish;

(5) The following information about each prover data:

a. Prover temperature;

b. Prover reading;

c. Correction for expansion/contraction of prover;

d. Volume correction for prover reading; and

e. Prover reading corrected to 60 degrees Fahrenheit;

(6) The following information about each meter data:

a. Gross meter reading; and

b. Net meter reading;

(7) If an uncompensated run or systems that give both gross and net readings, the following:

a. Average meter temperature;

b. Volume correction for meter reading; and

c. Meter reading corrected to 60 degrees Fahrenheit;

(8) Net delivery error; and

(9) Correct gross delivery error.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Part Agr 1406 Sale of Commodities

N.H. Code Admin. R. Ann. Agr 1406.01 Definitions {#sec-agr-1406.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.01}

In Agr 1406 the following terms shall have the following meanings:

(a) “Cold beverage” means prepackaged liquid items, including ice cream products, artificially cooled to temperatures of less than 40 degrees F or 4.4 degrees C, whether sold individually or in clusters of more than one;

(b) “Grocery store” means any establishment which meets the definition of "grocery store" in RSA 438:26-a, I;

(c) “Ice cream novelties” means ice cream bars, ice pops, ice cream sandwiches, ice cream cones and other similar ice cream products;

(d) “Propane” means a mixture of normally gaseous hydrocarbons, predominantly propane or butane or both, that has been liquefied by compression or cooling or both to facilitate storage, transport and handling; and

(e) “Snack item” means any prepackaged food item weighing 4 ounces or 113 grams or less and any prepackaged beverage item 2 liters or less in volume and designed for immediate consumption.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.02 Location of Weighing and Measuring Devices {#sec-agr-1406.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.02}

(a) A retail point-of-sale device shall not be placed in a location where objects or the movements of retail staff can interfere with customers' observation of the weighing or measuring operations or the indicators displaying weights or measures.

(b) Placement of a point-of-sale device in violation of (a) above shall be considered a violation of RSA 438:40, I (h).

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.03 Misrepresentation of Quantity {#sec-agr-1406.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.03}

No person shall represent the quantity of a commodity displayed or offered for sale in a manner calculated or tending to mislead or deceive another person.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; amd by #7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.04 Posting of Prices by Grocery Stores {#sec-agr-1406.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.04}

(a) Grocery stores shall post the prices of their commodities in accordance with RSA 438:26-a, II and III.

(b) Snack items and cold beverages may be priced individually or priced using a shelf tag in accordance with RSA 438:26-a, II and III.

(c) Displays of snack items and cold beverages containing more than one item of a similar commodity, such as candy bars or ice cream novelties, may be priced using a placard or shelf tag which is adjacent to the display and which lists the price of each or all of the items in the particular display.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.05 Labeling of Packages of Commodities; Variations in Weight, Measure or Count; Small Packages {#sec-agr-1406.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.05}

(a) Pursuant to RSA 438:21 packages of commodities introduced into intrastate commerce, or offered for sale or sold in intrastate commerce, shall be plainly and conspicuously labeled to show:

(1) The identity of the commodity, unless that can be plainly seen through the wrapper or container;

(2) The net contents stated in terms of:

a. Weight;

b. Measure; or

c. Count in accordance with Agr 1406.06; and

(3) If the commodity is offered for sale or sold in a place other than on the premises where it was packed:

a. The name and place of business of the manufacturer or grower; and

b. The name and place of business of the packer, if the packer is different from the manufacturer or grower.

(b) The weight, measure or count of commodities introduced into intrastate commerce, or offered for sale or sold in intrastate commerce, shall be as stated on the labeling required by (a)(2) above, except that:

(1) Reasonable variation in accordance with NIST Handbook 133 shall be permitted; and

(2) Small packages shall comply with NIST Handbook 130.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.06 Labeling of Packages of Consumer Commodities Sold by Count {#sec-agr-1406.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.06}

When a packaged consumer commodity is measured in terms of count only, or in terms of count and some other appropriate unit, weight, or measure, and the individual units are fully visible to the purchaser, the packages shall be labeled in accordance with NIST Handbook 130, Uniform Laws and Regulations, IV Uniform Regulations, A, Uniform Packaging and Labeling Regulation, provided that:

(a) The labeling on packages confined to intrastate commerce and containing 6 or fewer items shall not be required to include a statement of count; and

(b) The labeling on packages that might enter interstate commerce shall include a statement of count unless the count is one.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.07 Price Advertising of Bulk Commodities {#sec-agr-1406.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.07}

Whenever a bulk commodity is advertised in any manner and the price of the commodity is stated in the advertisement:

(a) There shall be closely and conspicuously associated with the statement of price a declaration of the basic unit in terms of weight, measure, or count; and

(b) Such declaration of the basic unit of weight, measure, or count shall not include any qualifying term, such as “jumbo”, “giant” or “full” that tends to exaggerate the amount of the commodity.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.08 Pricing of Bulk Food Commodities; Price Posting and Display; Advertising; Bulk Food Containers; Customer Receipts {#sec-agr-1406.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.08}

(a) The price of food commodities sold from bulk shall be computed in terms of the price of whole units such as kilograms, pounds, ounces, gallons, and liters, and not in terms of fractions or decimals of units.

(b) The price of food commodities sold from bulk shall be posted, displayed, and advertised in terms of the price of whole units such as those listed in (a) above.

(c) When the price of food commodities is posted, displayed or advertised in terms of the price of a whole unit in accordance with (b) above, supplemental posting, display, or advertising of the price in terms of a fraction or a decimal of the unit shall be permitted if:

(1) Such posting, display or advertising is in print no larger than that used to post, display or advertise the whole-unit price; and

(2) The mathematical conversion of the price per decimal or fraction of the unit to the price in terms of the whole unit computes to the whole-unit price to the nearest cent.

(d) If a retailer elects to provide a container for a food commodity sold from bulk:

(1) The weight of the container shall not be included when the commodity is weighed for the purpose of computing the cost to the customer; and

(2) The retailer may make a separate charge for the container if such separate charge is conspicuously posted, displayed, and advertised in association with the whole-unit price of the commodity.

(e) If a retailer computes the net weight of a food commodity through a computer, cash register, or other electronic device, the customer shall receive a receipt that includes the net weight, price per unit and total price.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.09 Sale of Ice {#sec-agr-1406.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.09}

(a) Ice shall be sold only by weight.

(b) Except in the case of ice dispensed by a vending machine, each package of ice kept, offered for sale, or sold in any place other than on the premises where the ice was packed, shall show:

(1) The net weight; and

(2) The name and place of business of the manufacturer, packer or distributor.

(c) In the case of ice dispensed by a vending machine, the net weight of the package of ice dispensed and the name and place of business of the manufacturer, packer or distributor shall be posted clearly and conspicuously near the coin slot on the front panel of the vending machine.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.10 Bread to be Sold by Weight; Posting of Weight and Price {#sec-agr-1406.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.10}

(a) Bread kept, offered, or exposed for sale, whether or not packaged or sliced, shall be sold by weight.

(b) If the bread is in a display or cabinet:

(1) The posting of its weight shall be closely and conspicuously associated with the posting of the price; and

(2) Both postings shall be in a size and location such that they can be read by a customer standing in a reasonable location.

(c) If the bread is wrapped, the price and weight may be displayed on the wrapper so long as customers have access to the wrapped bread.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.11 Bulk Candy {#sec-agr-1406.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.11}

(a) Candy sold from bulk, such as lollipops and individually wrapped candies, shall be sold by net weight.

(b) The weight of the sticks and other materials used to convey the candy shall not be included in the net weight.

(c) If the candy is pre-packed in containers or wrappers bearing a declaration of weight, measure or count, it shall not be sold from bulk.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.12 Propane Sold at Retail Filling Stations to be Sold by Weight or Measure {#sec-agr-1406.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.12}

(a) Propane sold at retail filling stations, in 20 pound tanks or less, may be sold by weight, by liquid measure through a meter, or by fill.

(b) If sold by weight:

(1) The tare weight of the customer's container, whether or not it already contains fuel and whether or not it has hoses or other peripheral equipment attached to it, shall be negated prior to filling; and

(2) The gas shall be:

a. Offered and sold by the pound or kilogram; and

b. Advertised in accordance with Agr 1406.07.

(1) Offered and sold by the gallon or the liter; and

(2) Advertised in accordance with Agr 1406.07.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1406.13 Dry Volume Containers For Fruits and Vegetables {#sec-agr-1406.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 1406.13}

If a merchant offers for sale, exposes for sale, or sells fruit or vegetables by dry volume, the size of the container holding the fruit or vegetables shall:

(a) Be proportional to the quantity of fruit or vegetables being exposed, offered, or sold; and

(b) Not mislead the customer as to the quantity of the fruit or vegetables being offered for sale or sold.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1407 Licensing of Commercial Devices

N.H. Code Admin. R. Ann. Agr 1407.01 Purpose {#sec-agr-1407.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.01}

The purpose of these rules is to describe the procedures required for businesses seeking to apply for a device license and license renewal.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.02 Licensure of Weighing, Measuring, Counting and Timing Devices Used Commercially {#sec-agr-1407.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.02}

(a) The following devices shall not be put into commercial use unless they have been licensed by the division:

(1) Weighing, measuring and counting devices, with the exception of pre-pack and factory scales, used to determine the weight, measure, or count of commodities sold or offered or exposed for sale;

(2) Weighing, measuring and counting devices used to compute a basic charge or payment for services rendered on the basis of weight, measure, or count; and

(3) Devices offering services paid for on the basis of time, including but not limited to, air compressors, clothes dryers, and vacuum cleaners for vehicles.

(b) Devices described in (a) above shall be inspected, tested, and certified by a division inspector or a registered New Hampshire service technician before being licensed and put into commercial use.

(1) Be inspected and tested annually; and

(2) Display a certification stamp bearing the date of the current year or the preceding year.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.03 Obtaining an Initial Device License {#sec-agr-1407.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.03}

(a) To obtain an initial device license, the owner of the device shall:

(1) Submit a completed application on the form described in Agr 1407.04 to the division;

(2) Submit proof, such as a placed-in-service report, to the division showing that the device has been inspected, tested, and certified; and

(3) Pay the invoice showing the applicable fee calculated by the division in accordance with RSA 438:10-a within 30 days of the date the division issues the invoice.

(b) Upon receipt of (1)- (3) above, a license shall be issued and sent to the device owner.

(1) In person by:

a. Cash; or

b. Check, bank draft or money order made payable to "Treasurer, State of New Hampshire"; or

(2) By mail by check, bank draft or money order made payable to "Treasurer, State of New Hampshire".

(d) Any person who pays the license fee with a check, draft or money order that is returned as uncollectible shall be charged, in addition to the amount of the check, draft or money order, the fee called for by RSA 6:11-a.

History

#7821, eff 2-8-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.04 Application Form for Initial Device License {#sec-agr-1407.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.04}

(a) An applicant for an initial device license shall furnish the following on a form supplied by the division known as “Application Form for a Weighing and Measuring Device License”:

(1) The date of application;

(2) The opening date of the business;

(3) For the business applying for the license:

a. The name of the business;

b. The physical location of the business, including the street and number, town or city, state, and zip code;

c. The billing address, if different from the address of the location;

d. The telephone number;

e. The cell phone number, if any;

f. The fax number, if any;

g. The email address;

h. The name of the designated contact person / authorized agent; and

i. The name of the applicant;

(4) For a device to be licensed, submit a copy of the placed-in-service report which shows that a registered New Hampshire service technician inspected, tested, and certified the device that the applicant is seeking to license; and

(5) The signature of an applicant who is an individual, or the signature of a representative of an applicant which is an entity, together with the date of signing, placed below the following preprinted statement:

“I certify the following: (1) that all devices being used commercially are provided with this application; (2) that there are no willful misrepresentations or falsifications in the information provided on or with this application; (3) that I understand that if an investigation discloses any willful misrepresentations or falsifications, my application shall be rejected; (4) that if, after issuance of my device license, should an investigation disclose any willful misrepresentations or falsifications, my license may be revoked or suspended and I may be subject to penalties under RSA 438:40.”

(b) The meaning of the signature required by (a) (5) above shall be that:

(1) The applicant certifies that there are no willful misrepresentations or falsifications or material omissions in the information provided on the device-licensing application form; and

(2) The applicant understands that, if an investigation should disclose any willful misrepresentations, falsifications, or material omissions, the application will be denied and any license already issued will be invalid.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.05 Transfer of Device Licenses to Other Devices of the Same Description {#sec-agr-1407.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.05}

The owner or authorized agent of a licensed device shall transfer the license to another device of the same description by:

(a) Submitting copies of placed in service reports reflecting the changes; and

(b) Paying the division's invoice for the difference between the fee for the old device and the fee for the new device, if any.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.06 Administrative Obligations Relating to Destruction of Devices, Transfer of Device Licenses, Adding and Removing Devices, Change of Contact Information {#sec-agr-1407.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.06}

(a) The owner or authorized agent of a licensed device shall notify the division by letter, e-mail, or fax whenever the owner or authorized agent:

(1) Destroys a licensed device;

(2) Sells or otherwise transfers a licensed device to a new owner;

(3) Sells or transfers the owner's business assets, including the device, to a new owner; or

(4) Drops a device from the division’s list of devices licensed for that owner.

(b) The owner or authorized agent of a licensed device shall notify the division whenever the owner or authorized agent adds devices by submitting copies of placed in service reports for those added devices.

(c) The owner or authorized agent of a licensed device shall notify the division when wishing to make changes to contact information by submitting the changes on the division provided application form for a weighing and measuring device license.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.07 Renewing Device Licenses {#sec-agr-1407.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.07}

(a) The division shall provide via mail, e-mail, or fax to each owner of a device license a “Renewal for Weighing and Measuring Device License Form” containing pre-printed information at least 60 days prior to the expiration of the licensee’s license.

(b) Owners of licensed devices who have not received such a renewal application form shall notify the division by mail, telephone, e-mail or fax.

(1) Confirm or correct the information on the division generated renewal application form including verifying the following:

a. Device category;

b. Make, model and serial number;

c. Equipment location;

d. Number of meters; and

e. Certification date;

(2) Prior to a license being issued, submit proof of certification, such as a placed in service report, with the renewal that the devices have been inspected and certified and display a current year or previous year certification stamp;

(3) Return the signed renewal application form with any changes to the division; and

(4) Pay the division's invoice within 30 days.

(d) Upon receipt of (1)-(4) above, a license shall be issued and sent to the device owner or authorized agent.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.08 Grounds for Denial of License {#sec-agr-1407.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.08}

The commissioner shall deny the application for an initial or renewed device license if:

(a) The applicant has:

(1) Made a willful misrepresentation or falsification on the application form;

(2) Made a material omission on the application form;

(3) Failed to pay any charge, fee, administrative fine or civil or criminal penalty for a violation of Agr 1400 or RSA 438 which is due to the commissioner or to a court arising out of proceedings brought by the division; or

(4) Failed to comply with an order or finding by the commissioner; or

(b) The device intended to be licensed does not comply with the accuracy requirements for such devices, as determined by a division inspector.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.09 Notice of Denial {#sec-agr-1407.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.09}

The commissioner shall send a notice of the denial of an application for an initial or renewed license by certified mail to the last known address of the licensee or applicant.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.10 Hearings {#sec-agr-1407.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.10}

Every applicant shall be entitled to a hearing pursuant to Agr 200 if the application for an initial or renewed device license is denied.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.11 Posting of Device Licenses {#sec-agr-1407.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.11}

(a) Original device licenses shall be posted conspicuously in the places of business where the devices are used most or all of the time.

(b) Businesses needing to post licenses in additional remote locations shall photocopy the original license and post the photocopies conspicuously in the additional locations.

(c) Copies of original device licenses shall be kept with devices that do not stay in a fixed location, such as the devices on propane, oil, and seafood delivery trucks.

(d) Device licenses shall be surrendered for inspection upon the request of any division inspector.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.12 Prohibited Acts Relating to Device Licenses {#sec-agr-1407.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.12}

The following acts shall be prohibited with respect to device licenses:

(a) Displaying or causing or permitting to be displayed any expired, fictitious, or fraudulently altered device license;

(b) Permitting the use of a device license by anyone other than the owner and agents of the owner;

(d) Manufacturing, advertising for sale and selling fictitious, facsimile, or simulated device licenses which might be mistaken for valid licenses;

(e) Possessing fictitious, facsimile, or simulated device licenses which might be mistaken for valid licenses, with the exception of possessing photocopies of device licenses made pursuant to Agr 1407.11(b); and

(f) Removing a certification stamp from a device.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1407.13 Voluntary Licensing of Pre-Pack and Factory Scales {#sec-agr-1407.13 omnilex-key=us-nh-regs-official--agency-agr--Agr 1407.13}

(a) Pre-pack and factory scales shall be licensed at the option of the owner if the owner elects to apply for licensing and complies with the applicable requirements of this chapter.

(b) After the issuance of a license for a pre-pack or factory scale, if the owner fails to comply with the applicable requirements of this chapter, the license shall be invalid.

History

#9639, eff 1-20-10; ss by #10976, eff 11-20-15; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1408 Price Posting and Labeling of Motor Vehicle Fuel and Equipment Specifications

N.H. Code Admin. R. Ann. Agr 1408.01 Definitions {#sec-agr-1408.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.01}

In Agr 1408 the following terms shall have the following meanings:

(a) “Cash discount price” means the discount from the regular price available when the buyer pays for the fuel in cash, by check or using a debit card;

(b) “Compressed natural gas (CNG)” means natural gas which has been compressed and dispensed into fuel storage containers and is suitable for use as an engine fuel;

(c) “Computing device” means a device designed to indicate, in addition to weight or measure, the total monetary value of product weighed or measured, for one of series of unit prices;

(d) “Contract sale” means a sale where a written agreement exists, prior to point of sale, in which both buyer and seller have accepted pricing conditions of the sale. Examples include, but are not limited to e-commerce, club sales, and pre-purchase agreements;

(e) “Gasoline” means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in a spark-ignition internal combustion engine;

(f) “Gasoline gallon equivalent (GGE)” means 5.660 pounds of natural gas;

(g) “Gasoline liter equivalent (GLE)” means 0.678 kilograms of natural gas;

(h) “Liquefied natural gas (LNG)” means natural gas that has been liquefied at -126.1 degrees C or -259 degrees F and stored in insulated cryogenic tanks for use as an engine fuel;

(i) “Liquefied petroleum gas (LPG)” means a mixture of normally gaseous hydrocarbons, predominantly propane or butane or both, that has been liquefied by compression or cooling or both to facilitate storage, transport and handling;

(j) “Motor fuel dispenser” means a device designed for the measurement and delivery of liquids used as fuel for internal-combustion engines;

(k) “Motor vehicle fuel” means any grade, blend, or mixture of gasoline, diesel fuel, kerosene, compressed natural gas, liquefied natural gas, or liquefied petroleum gas;

(l) “Regular price” means the price for motor vehicle fuel charged by a seller when no discount is offered and the buyer uses a credit card or cash; and

(m) “Special or promotional discount” means the discounted price offered for a specified period of time including cash discounts.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.02 Posting Prices of Motor Vehicle Fuel {#sec-agr-1408.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.02}

(a) All persons who offer for sale or sell gasoline or diesel fuel at retail shall post the price of all grades and services of such fuel in at least 2 of the following ways:

(1) On a price sign affixed to the fuel dispenser, for example, a pump topper, in numerals not less than 4 inches high and 3/4 of an inch in width, and placed on the dispenser so that they are clearly visible from both sides of the dispenser from either direction of a motorist’s approach;

(2) On a stationary roadside fuel price sign, the stationary roadside fuel sign shall be clearly visible from the street; or

(3) By a digital unit price indicator or an analog unit price indicator on the face of the dispenser, the indicators shall display the actual price of the fuel pumped.

(4) Numerals indicating fractions or portions of whole numbers on any posted price shall be at least 1/2 the size of the whole numbers on such display, and all posted prices shall reflect the total price of such fuel, including all taxes thereon.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.03 Regular and Cash Discount Price Posting for Motor Vehicle Fuel {#sec-agr-1408.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.03}

(a) When motor vehicle fuel is sold from a single dispenser for a regular price and a cash discount price, both unit prices shall be posted on the dispenser in accordance with Agr 1408.02.

(b) Roadside signs advertising the cash discount price of gasoline or diesel fuel shall disclose that the advertised price is limited to cash purchases and display the word “cash” next to the cash discount price. The letters in the word “cash” or other words of disclosure shall be of the same height and width as the numerals of the cash discount price.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.04 Special Sale Prices or Promotional Discount Prices of Motor Vehicle Fuel; Posting and Advertising Sale or Promotional Discount {#sec-agr-1408.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.04}

(a) When motor vehicle fuel is sold from a single dispenser for a special sale price or promotional discount price, the same special sale price or promotional discount price shall apply to the same grade, blend or mixture of motor vehicle fuel when sold from all other dispensers at the same service station and the dispenser shall be set to compute transactions at the special sale price or promotional discount price.

(b) The requirement in (a) above shall not apply when the motor vehicle fuel is sold at a self-service discount.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.05 Motor Fuel Dispensers with Computing Devices {#sec-agr-1408.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.05}

(a) If a computing device is part of the fuel dispensing equipment, it shall compute the total price for single purchases at all the unit prices for which the grade, blend or mixture of motor vehicle fuel being dispensed is offered for sale, except for the unit prices charged by contract for fleet sales and similar price-contract sales.

(b) When a grade, blend or mixture of motor vehicle fuel is offered for sale at more than one unit price through a dispenser with a computing device:

(1) The unit price for a transaction shall be selected by controls on the dispenser to be used by the customer;

(2) The customer shall receive a printed receipt of the transaction showing the unit price, the total number of gallons dispensed and the total price of the sale issued mechanically by the dispenser; or

(3) The customer shall receive a printed receipt of the transaction showing the unit price, the total number of gallons dispensed and the total price of the sale from a person attending the dispenser or the store where the fuel is offered for sale.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.06 Kerosene Fuel Labeling & Equipment Specifications {#sec-agr-1408.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.06}

(a) Kerosene offered for sale or sold shall:

(1) Be labeled as kerosene; and

(2) Comply with the standard specification in NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

(b) Pumps dispensing kerosene shall be labeled in compliance with NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17; (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.07 Diesel Fuel Labeling & Equipment Specifications {#sec-agr-1408.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.07}

(a) Diesel fuel offered for sale or sold shall:

(1) Be labeled as diesel fuel; and

(2) Comply with the standard specification for diesel fuel oils in NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

(b) Pumps dispensing diesel fuel shall be labeled in compliance with NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.08 Liquefied Natural Gas Conversions and Labeling. LNG Offered for Sale or Sold Shall {#sec-agr-1408.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.08}

(a) Be labeled as liquefied natural gas;

(b) Be sold in terms of diesel gallon equivalent (DGE) or in mass; and

(c) Liquefied natural gas dispensers shall be permanently and conspicuously labeled with the applicable pound conversion, "One DGE means 6.059 lb of liquefied natural gas".

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1408.09 Liquefied Petroleum Gas Labeling {#sec-agr-1408.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1408.09}

(a) Liquefied petroleum gas offered for retail sale and sold at retail as a motor vehicle fuel shall be:

(1) Be labeled as liquefied petroleum gas;

(2) Sold in gallons; and

(3) Comply with the standard specifications of liquefied petroleum gas in NIST handbook 130, Uniform Laws and Regulation, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

(b) Liquefied petroleum gas dispensers shall:

(1) Meet the requirements in NIST Handbook 44 as required by RSA 438:8; and

(2) Be labeled according to NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required by RSA 438:20.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1409 Temperature Correction for Refined Petroleum Products

N.H. Code Admin. R. Ann. Agr 1409.01 Purpose and Scope {#sec-agr-1409.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1409.01}

(a) The purpose of these rules is to protect consumers when an individual or business elects to sell refined petroleum products using temperature correction.

(b) The rules in Agr 1409 shall apply to refined petroleum products. Temperature correction of any product other than refined petroleum products, with the exception of liquid propane gas, shall be prohibited.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1409.02 Temperature Correction For Refined Petroleum Products {#sec-agr-1409.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1409.02}

(a) Any refined petroleum product being corrected to a reference temperature of 60 degrees Fahrenheit, whether sold at wholesale or retail, shall be accomplished only with a measuring system that has been licensed by the division in accordance with Agr 1408.

(b) Sellers of refined petroleum products using temperature correction, whether selling at wholesale or retail, shall:

(1) Have their measuring devices equipped with automatic temperature compensators; and

(2) Use such equipment throughout the year.

(c) Sellers of refined petroleum products, using an automatic temperature compensator for temperature correction shall have the compensator connected and in use at all times in order to temperature-correct the product for every sale made.

(d) An electronic or mechanical automatic temperature-compensating system shall not be removed, nor shall a compensated device be replaced with an uncompensated device, during any period of 12 consecutive months.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1409.03 Automatic Temperature Correction Devices {#sec-agr-1409.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1409.03}

(a) On a device equipped with an automatic temperature-compensating mechanism that will record in terms of liters or gallons compensated to 60 degrees Fahrenheit, provision shall be made for deactivating the automatic temperature-compensating mechanism so that the meter can indicate, and record if it is equipped to record, in terms of the uncompensated volume.

(b) A device equipped with automatic temperature compensation shall indicate and record, if equipped to record, both the gross uncompensated and net compensated volume for testing purposes or, if both values cannot be displayed or recorded for the same test draft, means shall be provided to select either the gross or net indication for each test draft.

(c) Adequate provision shall be made for physically applying security seals in such a manner, or through the use of a data change audit trail, that an automatic temperature-compensating system cannot be disconnected and that no adjustment can be made to the system without compromising the security seal or audit trail.

(d) For testing purposes of an automatic temperature-compensating system means shall be provided for the determinations of the temperature of the liquid at one of the following locations:

(1) In the liquid chamber of the meter; or

(2) Immediately adjacent to the meter in the meter inlet or discharge line.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1409.04 Testing of Automatic Temperature-Compensating Systems {#sec-agr-1409.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1409.04}

(a) On devices equipped with automatic temperature-compensating systems, normal tests shall be conducted as follows:

(1) By comparing the compensated volume indicated or recorded to the actual delivered volume corrected to 60 degrees Fahrenheit; and

(2) With the temperature-compensating system deactivated, comparing the uncompensated volume indicated or recorded to the actual delivered volume.

(b) The first test of an automatic temperature-compensating system shall be performed in the "as found" condition.

(c) On devices that indicate or record both the compensated and uncompensated volume for each delivery, the tests in (a)(1) and (a)(2) above may be performed as a single test, otherwise 2 separate tests as indicated in (a)(1) and (a)(2) above shall be performed.

(d) Corrections shall be made for any changes in volume resulting from the differences in the liquid temperatures between the time of passage through the meter and the time of volumetric determination in the prover.

(e) The delivered quantities for each test shall be the same size.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1409.05 Allowable Meter Error {#sec-agr-1409.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1409.05}

The difference between the meter error for the test results determined with the automatic temperature-compensating system activated and the test results determined with the automatic temperature-compensating system deactivated, expressed as a percentage of the test volume, shall:

(a) Not exceed 0.3 percent for mechanical automatic temperature-compensating systems; or

(b) Not exceed 0.2 percent for electronic automatic temperature-compensating systems.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1409.06 Petroleum Products Delivery Tickets {#sec-agr-1409.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1409.06}

(a) A delivery ticket shall not be inserted into a device delivering petroleum products and equipped with a printer until after the delivery system has been charged with product and immediately before a delivery of the product is begun.

(b) At no time shall a ticket be in a vehicle-mounted device when the vehicle is in motion.

(c) Delivery tickets printed by vehicle-mounted metering systems and invoices issued shall be left with the customer at the time of delivery or as otherwise specified by the customer.

(d) All delivery tickets and invoices shall contain at least the following:

(1) The date the product is delivered;

(2) The name and address of the vendor, including street, city, state, and 9-digit zip code;

(3) The name and address of the purchaser, including street, city, state, and 9-digit zip code;

(4) The type of product being delivered;

(5) The unit price, per gallon or liter, of the product being delivered;

(6) The total computed price for the volume delivered; and

(7) If there is correction for temperature:

a. The net gallons or liters delivered; and

b. The statement "The volume delivered has been adjusted to the volume at 60 degrees Fahrenheit".

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1410 New Hampshire Weights and Measures Fees

N.H. Code Admin. R. Ann. Agr 1410.01 Annual Fees for Licensing Commercial Devices {#sec-agr-1410.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1410.01}

(a) The device licensing fees shall be as stated in RSA 438:10-a.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1410.02 Fees Charged by the New Hampshire Metrology Laboratory {#sec-agr-1410.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1410.02}

(a) The following fees shall be charged by the New Hampshire metrology laboratory for the testing and certification of standards used by registered service technicians, governmental agencies, members of the public and private industry:

(1) Class F test weights meeting specifications and tolerances contained in current NIST Handbook 105-1, greater than 99 pounds but less than 500 pounds, $80 each;

(2) Class F test weights meeting specifications and tolerances contained in current NIST Handbook 105-1, up to 99 pounds, the greater of:

a. Twenty dollars per weight; or

b. The hourly charge set forth in (b) below applied to the time required to test and certify all of the weights submitted for testing and certification, with a minimum charge for one hour;

(3) Class F test weight sets meeting specifications and tolerances contained in current NIST Handbook 105-1, the greater of:

a. Fifty-five dollars per weight set; or

b. The hourly charge set forth in (b) below applied to the time required to test and certify all of the weight sets submitted for testing and certification, with a minimum charge for one hour;

(4) Glass flasks meeting specifications and tolerances contained in current NIST Handbook 105-2, $75 each;

(5) Field standard test measures up to and including 5 gallons meeting specifications and tolerances contained in current NIST Handbook 105-3, $45 for each test measure;

(6) Field standard test measures with a capacity greater than 5 gallons up to and including 25 gallons meeting specifications and tolerances contained in current NIST Handbook 105-3, $105 for each test measure;

(7) Field standard test measures with a capacity greater than 25 gallons up to and including 75 gallons meeting specifications and tolerances contained in current NIST Handbook 105-3, $130 for each test measure; and

(8) Volumetric compartment calibrations:

a. For the first 100 gallons or less, $160; and

b. For each additional 100 gallons or less, $50.00.

(b) All testing and certification of standards not listed in (a) above shall be performed at a rate of $80 per hour, with a minimum charge of the fee for one hour.

(c) The division shall charge a $50 fee for each National Voluntary Laboratory Accreditation Program (NVLAP) accredited calibration report.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1410.03 Fees for the Rental of Test Equipment {#sec-agr-1410.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1410.03}

(a) Test equipment owned by the division shall be rented only to currently registered service technicians for their use in testing and calibration of commercial weighing, measuring and counting devices.

(b) The following fees shall apply to the rental of test equipment:

(1) Test weights, 500 pound and 1,000 pound, $8 each weight per day;

(2) Test weights, 50 pound and 25 pound, $4 each weight per day;

(3) Class F test weight sets, $25 each set per day;

(4) Volumetric 5 gallon field standards, $10 each field standard per day;

(5) Volumetric 10 gallon provers, $75 each prover per day; and

(6) Volumetric test truck, $150 per hour plus $1 per mile.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1410.04 Fees for the Testing, Certification and Sealing of Commercial Devices {#sec-agr-1410.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1410.04}

(a) The following fees shall be charged for the testing, certification and sealing of devices by the division's inspectors:

(1) For precious metal and jewelry scales, $30 per scale;

(2) For scales with a capacity of 100 pounds or less, other than precious metal and jewelry scales, $20 per scale;

(3) For scales with a capacity greater than 100 pounds up to and including 2,000 pounds, $75 per scale;

(4) For scales with a capacity greater than 2,000 pounds up to and including 5,000 pounds:

a. If the division does the testing, certifying, and sealing, $200 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(5) For scales with a capacity greater than 5,000 pounds, up to and including 10,000 pounds:

a. If the division does the testing, certifying, and sealing, $250 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(6) For scales with a capacity greater than 10,000 pounds, up to and including 120,000 pounds:

a. If the division does the testing, certifying, and sealing, $400 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(7) For scales with a capacity greater than 120,000 pounds, up to and including 200,000 pounds:

a. If the division does the testing, certifying, and sealing $600 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $200 per scale;

(8) For onboard weighing systems or scales on lift trucks or forklifts:

a. If the division does the testing, certifying and sealing, $200 per scale; and

b. If a contractor does the testing and the division does the certifying and sealing, $100 per scale;

(9) For other onboard weighing systems or scales, for example, those on trucks for the collection of refuse or recyclable materials, $200 each;

(10) For retail motor fuel devices except for devices dispensing LP gas and natural gas:

a. For devices dispensing up to 20 gallons per minute, $25 per meter; and

b. For devices dispensing more than 20 gallons per minute, $75 per meter;

(11) For LP gas retail motor fuel dispensers, $48 per meter;

(12) For natural gas retail motor fuel dispensers, $48 per meter;

(13) For vehicle tank meters other than LP gas and natural gas meters:

a. If the division does the testing, certifying and sealing, $100 per meter; and

b. If a contractor does the testing and the division does the certifying and sealing, $50 per meter;

(14) For LP gas and natural gas vehicle tank meters:

a. If the division does the testing, certifying and sealing, $125 per meter; and

b. If a contractor does the testing and the division does the certifying and sealing, $50 per meter;

(15) LPG filling station meters, $75 per meter;

(16) For bulk storage meters:

a. If the division does the testing, certifying and sealing, $150 per meter; and

b. If a contractor does the testing and the division does the certifying and sealing, $75 per meter;

(17) Taxi meters, $25 per meter;

(18) Linear measures, $18 per device;

(19) Timing devices, $20 per device;

(20) Motor oil and fluid dispensers, $20 per device;

(21) Water meters, $20 per device;

(22) Fabric measuring devices, $20 per device;

(23) Wire and cordage measuring devices, $20 per device; and

(24) Capacity measurements, dry or liquid, $100 per unit.

(b) There shall be no fee for the testing, certifying, and sealing of scales used by an agricultural business, such as a farm stand or a farmers' market, when the business uses, at a single location or at all its locations taken together, no commercial weighing or measuring devices other than 3 or fewer scales each having a capacity of no more than 100 pounds or 50 kilograms.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1410.05 Registration Fees for Service Technicians {#sec-agr-1410.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1410.05}

(a) The fee for an initial certificate of registration shall be $36 plus $12 for each device category the applicant chooses pursuant to Agr 1404.06(c)(13).

(b) The fee for a renewed certificate of registration shall be $36 plus $12 for each device category the applicant chooses.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

N.H. Code Admin. R. Ann. Agr 1410.06 Licensing Fees for Weighmasters {#sec-agr-1410.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1410.06}

(a) The fee for an initial weighmaster license shall be $96.

(b) The fee for renewal of a weighmaster license shall be $96.

History

(See Revision Notes #1 and #2 at chapter heading for Agr 1400) #12424, eff 12-1-17

Part Agr 1411 Violations of Rsa 438:40, I and of Administrative Weights and Measures Rules; Written Warnings of Violation; Administrative Fines

N.H. Code Admin. R. Ann. Agr 1411.01 Purpose {#sec-agr-1411.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1411.01}

The purpose of Agr 1411 is to set forth administrative sanctions for violations of RSA 438 and its implementing rules. Such administrative sanctions do not preclude criminal prosecution pursuant to RSA 438:40, II or III. The imposition of such administrative sanctions is not required as a precondition of criminal prosecution.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1411.02 Violations of RSA 438:40, I and of Administrative Weights and Measures Rules {#sec-agr-1411.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1411.02}

(a) Any individual or entity who has done an act or omission prohibited by RSA 438:40, I or a weights and measures administrative rule shall receive either a written warning of violation issued by the division or a fine imposed by the commissioner.

(b) The division shall issue a written warning without the imposition of an administrative fine for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule, unless the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.

(c) The commissioner shall impose a "first offense" administrative fine in accordance with the schedule in Agr 1411.07 for a first violation of any provision of RSA 438:40, I or of a weights and measures administrative rule if the individual or entity doing the violation knew or should have known that the act or omission prohibited by the statute or rule was a violation.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1411.03 Written Warnings of Violation {#sec-agr-1411.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1411.03}

(a) An individual or entity receiving a written warning of violation issued by the division shall:

(1) Correct the violation described in the written warning; or

(2) If the recipient does not understand the written warning of violation or know how to correct the violation, contact the division for the needed explanation.

(b) The commissioner shall impose a "first offense" administrative fine in accordance with the schedule in Agr 1411.07 if an individual or entity who has received a written warning of a violation which is capable of being corrected has not corrected the violation.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1411.04 Notices of Administrative Fines {#sec-agr-1411.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1411.04}

(a) The division shall deliver in hand or by certified mail a notice of administrative fine to any individual or entity who:

(1) Has, for the second time, done an act or omission prohibited by RSA 438:40, I;

(2) Has, for the second time, violated a weights and measures administrative rule;

(3) Is subject to an administrative fine under Agr 1411.02(c); or

(4) Is subject to an administrative fine under Agr 1411.03(b).

(b) The recipient of a notice of administrative fine shall reply by delivering or mailing to the division a signed writing:

(1) By the date specified on the notice; and

(2) Either:

a. Consenting to the imposition of the fine and enclosing payment in the amount of the fine; or

b. Objecting to the imposition of the fine.

(1) A challenge to the allegation of violation or to the fine or both; and

(2) A request for an adjudicative hearing pursuant to Agr 200 on the allegation of violation or the fine or both.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1411.05 Failure to Reply to a Notice of Administrative Fine {#sec-agr-1411.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1411.05}

(a) An individual or entity who, without good cause as described in (b) below fails to reply to a notice of administrative fine by the date specified in the notice shall be subject to the following:

(1) An administrative fine of $50.00 in addition to the fine specified by the notice;

(2) If holding a license or certificate issued by the division, a 15-day suspension of the license or certificate; and

(3) Referred to the New Hampshire attorney general for further action.

(b) Good cause for an individual's failure to reply to a notice of administrative fine by the date specified in the notice shall be:

(1) Illness requiring a physician's care;

(2) Involvement in a motor vehicle, industrial, or home accident;

(3) Illness of a dependent requiring the personal care of the individual claiming the excuse;

(4) Death of any of the following family members:

a. Spouse;

b. Civil union partner;

c. Natural, foster or step child;

d. Parent, step parent or parent-in-law;

e. Sibling or step-sibling;

f. Sister-in-law or brother-in-law;

g. Daughter-in-law or son-in-law; or

h. Grandparent; or

(5) Death of a legal guardian.

(c) Any individual or entity subject to the penalties in (a) above shall have the right to challenge them through an adjudicative hearing pursuant to Agr 200.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1411.06 Payment of Administrative Fines {#sec-agr-1411.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1411.06}

(a) Administrative fines shall be paid:

(1) In person by:

a. Cash; or

b. Check, bank draft, or money order made payable to "Treasurer, State of New Hampshire"; or

(2) By mail by check, bank draft, or money order made payable to "Treasurer, State of New Hampshire".

(b) If a check in payment of an administrative fine is returned as uncollectible because of insufficient funds, the commissioner shall charge the fee authorized by RSA 6:11-a.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1411.07 Schedule of Administrative Fines {#sec-agr-1411.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1411.07}

(a) The following principles shall apply to the fines set forth in (c) through (g) below:

(1) No first instance of violation of any provision of RSA 438:40, I or violation of a weights and measures administrative rule shall be considered a "first offense" except as set forth in Agr 1411.02(c) and Agr 1411.03(b); and

(2) Except as stated in (b) below, offenses shall be numbered by frequency of occurrence within a 12-month period, so that, for example, a second offense done more than 12 months after a first offense of the same description shall be considered a "first offense".

(b) If an individual or entity has done the same offense 3 times within a 5-year period, the offense shall not be protected by the 12-month rule in (a)(2) above, but shall be considered a "third offense".

(c) Administrative fines for acts or omissions prohibited by RSA 438:40, I or by a weights and measure administrative rule shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(d) Administrative fines for such acts or omissions which have no pecuniary impact or potential for pecuniary impact on anyone, excepting the failure to hold a currently valid license or certificate of registration if legally obligated to hold one, shall be:

(1) For a first offense, $150;

(2) For a second offense, $300; and

(3) For a third offense, $600.

(e) Administrative fines for failure to hold a currently valid license or certificate of registration if legally obligated to hold one shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(f) Administrative fines for impersonating a division inspector or hindering an inspector in the performance of his or her official duties shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

(g) Administrative fines for falsifying an application for a license or certificate of registration, falsifying a weight certificate, falsifying any report required to be submitted to the division by service technicians or falsifying any other document required to be submitted to the division shall be:

(1) For a first offense, $250;

(2) For a second offense, $500; and

(3) For a third offense, $1,000.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09
#9639, eff 1-20-10; ss by #12424, eff 12-1-17 (See Revision Note #2 at chapter heading for Agr 1400)

Part Agr 1412 Dating Prewrapped Sandwiches

N.H. Code Admin. R. Ann. Agr 1412.01 Purpose {#sec-agr-1412.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.01}

The purpose of these rules is to protect public health and safety by establishing an expiration date on all sandwiches beyond which each sandwich shall not be sold. These rules implement the procedures of the department of agriculture, markets, and food pursuant to RSA 438:26-b, dating prewrapped sandwiches.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.02 Scope {#sec-agr-1412.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.02}

These rules shall apply to all vendors who sell fresh or unfrozen prewrapped sandwiches. These rules shall also apply to vendors and retailers who sell sandwiches that have been previously frozen before being thawed for retail sale.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.03 Definitions {#sec-agr-1412.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.03}

The following words shall have the meanings indicated when used in this chapter:

(a) “Expiration date” means the last day of sale, printed or stamped on a prewrapped sandwich label, determined in accordance with these rules.

(b) “Frozen” means kept at a temperature of less than 0 degrees Fahrenheit.

(d) “Prewrapped sandwich” means any sandwich containing potentially hazardous foods as defined in He-P 2301.01(ah), enclosed in a wrapper, stored in a refrigerator for future consumption and offered for sale or sold to the public, which is not intended or expected to be consumed within 36 hours after wrapping.

(e) “Refrigerated” means kept at a temperature of 41 degrees Fahrenheit or less.

(f) “Retailer” means any establishment where food and food products are offered to the consumer and intended for off-premise consumption.

(g) “Vendor” means any person or establishment who makes prewrapped sandwiches for sale to the public.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.04 Expiration Date {#sec-agr-1412.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.04}

(a) The expiration date for a fresh refrigerated prewrapped sandwich shall be a maximum of 7 days from the date the sandwich is made, but may be less than 7 days, as determined by the vendor in accordance with Agr 1412.04(g) and (h).

(b) The expiration date for a previously frozen prewrapped sandwich shall be a maximum of 7 days from the date the sandwich is thawed for retail sale, but may be less than 7 days, as determined by the vendor in accordance with Agr 1412.04(g) and (h).

(c) The expiration date for a fresh refrigerated prewrapped sandwich shall be clearly and legibly printed or stamped by the vendor on the sandwich wrapper label, at the time it is wrapped, by stating “expiration date” or “sell by” followed by the month and day.

(d) The expiration date for a previously frozen prewrapped sandwich shall be clearly and conspicuously printed or stamped on the sandwich wrapper label, at the time it is thawed for retail sale, by stating “expiration date” or “sell by” followed by the month and day.

(e) The expiration date for a fresh refrigerated prewrapped sandwich shall be determined by the vendor who makes the prewrapped sandwiches.

(f) The expiration date for a previously frozen prewrapped sandwich shall be determined and affixed to the sandwich label at the time of thawing by the vendor or by the retailer in cases where the retailer thaws the previously frozen prewrapped sandwich for retail sale.

(g) The determination under (e) and (f) above shall take into consideration the food quality and characteristics, packaging and other protective wrapping, coating or container, transportation and storage conditions, and retail storage and display conditions. The temperature and humidity of storage and display areas for perishable food, at all stages prior to retail sale, shall also be factors in determining the expiration date.

(h) The determination of a reasonable period for consumption shall be based upon refrigeration temperatures of 41 degrees Fahrenheit or less.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.05 Manufacturing Date {#sec-agr-1412.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.05}

In addition to the expiration date provided for in Agr 1412.04, the manufacturing date shall be clearly and conspicuously printed or stamped by the vendor on the sandwich wrapper label at the time it is wrapped. Alternatively, a manufacturing date code may be used provided the method of coding is made available to the commissioner or the commissioner’s agent.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.06 Complaint {#sec-agr-1412.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.06}

A complaint may be filed by any person, in accordance with the following provisions:

(a) A complaint shall be delivered to the department, containing all of the following:

(1) The complainant’s name and address;

(2) The alleged violator’s name and address, if known;

(3) The specific facts and circumstances constituting a violation which shall be selected from one of the following:

a. No stated expiration date on a prewrapped sandwich label;

b. The prewrapped sandwich is for sale past the expiration date;

c. The expiration date on the label is greater than 7 days; or

d. No stated manufacturing date or date code on a prewrapped sandwich label; and

(4) The signature of the complainant.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.07 Investigation {#sec-agr-1412.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.07}

Upon receipt of a complaint, the commissioner shall investigate the alleged complaint, in accordance with Agr 1412.06, to determine whether there is or was a violation of RSA 438:26-b, or a rule.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.08 Right of Inspection {#sec-agr-1412.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.08}

(a) The commissioner or a weights and measures inspector shall enter the premises of any vendor or retailer, stop any person on the premises and seize any packages sold in violation of the law, without a formal warrant, pursuant to RSA 438:15.

(b) The commissioner or a weights and measures inspector shall inspect the premises of a vendor or retailer at any time during business hours to determine whether there is a violation of RSA 438:26-b or Agr 1412 or order issued pursuant to Agr 1412.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.09 Orders {#sec-agr-1412.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.09}

(a) The commissioner or a weights and measures inspector shall issue an order when there is no stated expiration date on a prewrapped sandwich. The order shall require elimination of the violation by putting an expiration date on the label. If a sandwich with no expiration date would be past its expiration date when properly labeled, then (b), below, shall apply.

(b) If the prewrapped sandwich(es) on the refrigerator shelf has been kept past its expiration date, the commissioner or a weights and measures inspector shall issue a stop-removal order, in accordance with RSA 438:13. The recipient of this order shall remove the offending sandwiches from his/her premises immediately.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.10 Appeal {#sec-agr-1412.10 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.10}

After an order has been issued by the commissioner or a weights and measures inspector the alleged violator may appeal, pursuant to RSA 438:7, III, to the commissioner or to the superior court.

History

(See Revision Note #1 at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.11 Offenses {#sec-agr-1412.11 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.11}

Any person who violates any section of Agr 1412 shall be subject to penalties pursuant to RSA 438:40.

History

#7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17 (See revision Note #2 at chapter heading for Agr 1400)

N.H. Code Admin. R. Ann. Agr 1412.12 Waivers {#sec-agr-1412.12 omnilex-key=us-nh-regs-official--agency-agr--Agr 1412.12}

(a) Each vendor seeking waiver of a specific rule in this chapter shall submit a written request for the waiver to the commissioner.

(b) The waiver request shall include:

(1) The specific reference to the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary; and

(3) A full explanation of alternatives proposed by the vendor, which shall be equally protective of public health as the rule from which a waiver is sought.

(1) The commissioner concludes that authorizing deviation from strict compliance with the rule from which the waiver is sought does not contradict the purpose of this part as stated in Agr 1412.01; and

(2) The alternative proposed by the vendor ensures that the purpose of this part as stated in Agr 1412.01 from which the waiver is sought will be accomplished.

(d) If a waiver is approved, the vendor’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(e) No request for a waiver concerning the rules of other state agencies which are referred to in this chapter shall be accepted.

APPENDIX

RULE

SPECIFIC STATE STATUTE THE RULE IMPLEMENTS

Agr 1401

RSA 541-A:7

Agr 1402.01 - Agr 1402.13

RSA 438:7 IV

Agr 1402.02 through Agr 1402.04(a)(2)

RSA 438-8:I.(e)

Agr 1402.04(a)(3)

RSA 438:8, I.(h)(3)

Agr 1402.04(b) through Agr 1402.06(b)

RSA 438-8:I.(e);

Agr 1402.06(c)

RSA 438:8, I.(h)(3)

Agr 1402.06(d)

RSA 438-8:I.(e)

Agr 1402.07(a) through (e)

RSA 438:7, VIII.

Agr 1402.07(f)

RSA 438:8, I. (e)

Agr 1402.08 through Agr 1402.13

RSA 438-8:I.(e)

Agr 1403.01 - Agr 1403.13

RSA 438:8, I(e)

Agr 1403.02 through Agr 1403.16

RSA 438-8:I.(e)

Agr 1404.01

RSA 541-A:7

Agr 1404.02

RSA 541-A:7

Agr 1404.03 through Agr 1404.05(b)(3)

RSA 438-8:I.(d)

Agr 1404.05(c) through

Agr 1404.07(d)(2)a.

RSA 438-8:I.(d)

Agr 1404.07(d)(2)b.

RSA 438:8, I.(h)(3)

Agr 1404.07(e)

RSA 438-8:I.(d)

Agr 1404.08(a) through (e)

RSA 438:7, VIII.

Agr 1404.08(f)

RSA 438:8, I. (d)

Agr 1404.09(a)

RSA 438:5

Agr 1404.09(b) through Agr 1404.14

RSA 438-8:I.(d)

Agr 1405.01

RSA 541-A:7

Agr 1405.02

RSA 541-A:7

Agr 1405.03

RSA 438-8:I (d)

Agr 1405.04 (a), (b) and (c)

RSA 438:5; RSA 438:8, IV.

Agr 1405.04(d) through Agr 1405.24

RSA 438-8:I.(d)

Agr 1405.25

RSA 438:14-a; RSA 438:7, II

Agr 1405.26

RSA 438:14-a; RSA 438:7, II

Agr 1405.27

RSA 438:14-a; RSA 438:7, II

Agr 1405.28

RSA 438:14-a; RSA 438:7, II

Agr 1405.29

RSA 438:14-a; RSA 438:7, II-V

Agr 1405.30

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II

Agr 1405.31

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II

Agr 1405.32

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7

Agr 1405.33

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7

Agr 1405.34

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II

Agr 1405.35

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II

Agr 1405.36

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II

Agr 1405.37

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II

Agr 1405.38

RSA 541-A:19-b; RSA 438:14-a; RSA 438:7, II

Agr 1406.01

RSA 541-A:7

Agr 1406.02 and Agr 1406.03

RSA 438:36; RSA 438:26-a

Agr 1406.04 through Agr 1406.06

RSA 438:21

Agr 1406.07 through Agr 1406.13

RSA 438:26; RSA 438:26-a

Agr 1406.04

RSA 438:26-a, II., III., IV. and V.

Agr 1406.07 through Agr 1406.13

RSA 438:26; RSA 438:26-a

Agr 1407.01

RSA 541-A:7

Agr 1407.02

RSA 438:7, VI.

Agr 1407.03 through Agr 1407.08(a)

RSA 438-8:I(f); RSA 438:10-a

Agr 1407.08(b)

RSA 438:19

Agr 1407.09 through Agr 1407.13

RSA 438-8:I(f); RSA 438:10-a

Agr 1408.01

RSA 541-A:7

Agr 1408.02 through Agr 1408.09

RSA 438:20; RSA 438:26

Agr 1409.01 through Agr 1409.06

RSA 438:20

Agr 1410.01

RSA 438:8, I. (k)

Agr 1410.02

RSA 438:8, I. (k)

Agr 1410.03

RSA 438:8, I. (k)

Agr 1410.04

RSA 438:8, I. (k)

Agr 1410.05 and Agr 1410.06

RSA 438:8, I. (k)

Agr 1411.01

RSA 541-A:7

Agr 1411.02(a) and (b)

RSA 438:8, I. (i)

Agr 1411.02(c)

RSA 438:7, V.

Agr 1411.03(a)

RSA 438:7, III.

Agr 1411.03(b)

RSA 438:7, V.

Agr 1411.04

RSA 438-8:I.(i)

Agr 1411.05(a)

RSA 438:7, III.; RSA 438:40, IV.

Agr 1411.05(b)

RSA 438-8:I.(i)

Agr 1411.05(c)

RSA 438:7, IV.; RSA 438-8:I.(i)

Agr 1411.06

RSA 438-8:I.(i)

Agr 1411.07

RSA 438:7, V.; RSA 438-8:I.(i)

Agr 1412.01 - Agr 1412.07

RSA 438:26-b

Agr 1412.08

RSA 438:15 and RSA 438:26-b

Agr 1412.09

RSA 438:12, RSA 438:13 and RSA 438:26-b

Agr 1412.10

RSA438:7, III

Agr 1412.11

RSA 438:40

Agr 1412.12

RSA 438:26-b

History

#7662, eff 3-19-02, EXPIRED: 3-19-10
#10003, INTERIM, eff 9-21-11, EXPIRED: 3-19-12
#10166, eff 8-3-12; ss by #12424, eff 12-1-17

Chapter Agr 1600 Poultry

Part Agr 1601 Interstate Movement

N.H. Code Admin. R. Ann. Agr 1601.01 Definitions {#sec-agr-1601.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1601.01}

(a) "Directly" means no stops on any premises harboring poultry en route to the slaughtering establishment.

(b) "National Poultry Improvement Plan" (NPIP) means a cooperative federal-state-industry mechanism for controlling certain poultry diseases.

(c) "Poultry" means all chickens, ducks, geese, birds of prey, exhibition and game birds such as pheasant and quail, turkeys, pigeons, and all birds used for ornamental or show purposes and the hatching eggs thereof.

(d) "Sale'' means transfer of ownership of poultry from any person, firm, corporation, or other entity to any other person, firm, corporation, or entity.

(e) "Zoonotic disease" means a disease of animals or poultry that is communicable to people.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

N.H. Code Admin. R. Ann. Agr 1601.02 Permit and Certificate of Veterinary Inspection {#sec-agr-1601.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1601.02}

(a) Poultry and hatching eggs brought, shipped or otherwise introduced in the state of New Hampshire by any person, individual or corporation shall be in compliance with Agr 2100, IMPORTATION OF BOVINES AND OTHER DOMESTIC ANIMALS INTO NEW HAMPSHIRE.

(b) All shipments of poultry or hatching eggs shall go directly from the consignor to the consignee.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

Part Agr 1602 Intrastate Movement

N.H. Code Admin. R. Ann. Agr 1602.01 Intrastate Movement of Certain Poultry for Exhibition or Transfer Prohibited {#sec-agr-1602.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1602.01}

(a) Poultry intended for exhibition or sale may be moved intrastate except birds or eggs:

(1) From flocks or hatcheries that have not been tested Pullorum and avian influenza free; or

(2) That have any contagious or infectious disease in the flock.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

N.H. Code Admin. R. Ann. Agr 1602.02 Intrastate Movement of Known Diseased Poultry {#sec-agr-1602.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1602.02}

(a) No poultry diagnosed with avian influenza, Pullorum, Laryngotracheitis, fowl cholera, or any other contagious or infectious diseases shall be exhibited or sold, in order to:

(1) Prevent spread of disease to other poultry; and

(2) Prevent the spread of zoonotic diseases.

(b) The crates or any other containers used to transport diseased birds, including the truck, shall be properly cleaned of all foreign matter and disinfected to ensure the elimination of all communicable and infectious diseases before being used again for the transportation of poultry.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

N.H. Code Admin. R. Ann. Agr 1602.03 Penalties {#sec-agr-1602.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1602.03}

Nothing under these rules shall modify or limit in any way the powers and duties of the commissioner of agriculture, markets and food under RSA 428:20, 428:29, 436:29, 436:73 and 436:74.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

Part Agr 1603 Purchase, Sale and Transportation of Live Poultry to Be Used for Food

N.H. Code Admin. R. Ann. Agr 1603.01 Licenses {#sec-agr-1603.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1603.01}

(a) Every person, partnership, firm, or corporation engaged in the buying and selling, transporting, or both of live poultry, the meat or meat product of which is to be sold or used for food, shall obtain a license from the commissioner of agriculture, markets and food except when the transportation of live poultry is by the actual producer, by householders for immediate consumption, or by common carriers.

(b) All applications shall be filed on forms supplied by the commissioner of agriculture, markets and food.

(1) Name of person, partnership, firm, or corporation;

(2) Street, city, and state;

(3) If partnership, firm, or corporation, names and legal addresses of the officers or members;

(4) Description of motor vehicles used in the business of buying, selling and/or transporting poultry including:

a. Type and capacity of vehicle;

b. Year and make of vehicle;

c. Current year, registration number, and state; and

d. Resident state poultry license number if not living in New Hampshire;

(5) Total amount paid for live poultry purchased in New Hampshire during preceding calendar year;

(6) Largest amount purchased in New Hampshire in any week in preceding calendar year; and

(7) Signature of applicant.

(d) When an applicant carries his or her own scales, a certificate from the New Hampshire department of agriculture, markets and food, division of weights and measures or a licensed service technician attesting as to the accuracy of scales to be used in the business for buying and selling live poultry shall accompany the application.

(e) If the applicant does not own or carry scales on his vehicle, or vehicles, he shall file with his application a certification statement including the following:

(1) Name of person, partnership, firm, or corporation;

(2) Street, city, and state where the business is located; and

(3) Signature of applicant certifying that all poultry purchased shall be weighed on scales properly inspected and sealed by the New Hampshire department of agriculture, markets and food, division of weights and measures or a licensed service technician.

(f) Out-of-state dealers shall first obtain a poultry license in their own state before a New Hampshire poultry license shall be issued.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

N.H. Code Admin. R. Ann. Agr 1603.02 Application for License {#sec-agr-1603.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1603.02}

(a) Pursuant to RSA 428:17 the fees shall be:

(1) $20 for each license;

(2) $15 permit fee for each truck or tractor; and

(3) $5 for each transfer of an existing permit to a new vehicle.

(b) The fees shall accompany each application before the license, permit, or transfer of a permit is issued.

(c) Pursuant to RSA 428:9, I, a cash buyer or limited licensee shall agree to pay for purchases of live poultry on a United States currency basis, or by certified, cashier's, or traveler's checks, at time of sale.

(d) A bonded buyer shall agree to allow inspection of sales slips at any time by the commissioner of agriculture, markets and food or his or her agent to verify the amount of purchases in New Hampshire as being the correct basis of the principal amount of the bond.

(e) The amount of bond shall be $10,000.

(f) A license shall be issued when the bond certificate is filed with the department of agriculture, markets and food.

(g) Licenses shall expire March 31 annually.

(h) License applications for renewal received beyond the March 31 deadline shall be subject to a $10 late fee.

(i) All application fees shall be made payable to the treasurer, State of New Hampshire.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

N.H. Code Admin. R. Ann. Agr 1603.03 Record of Sales {#sec-agr-1603.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1603.03}

(a) Each person, partnership, firm or corporation licensed pursuant to Agr 1603 shall provide himself with a sales book made in duplicate per RSA 428:18.

(b) The record of all sales shall show the following information:

(1) The name and address of the buyer;

(2) The name and address of person from whom the live poultry is purchased;

(3) The breed and type, such as fowl, cocks, pullets, cockerels, broilers, ducks, turkeys;

(4) The weight and approximate number of live poultry purchased;

(5) The amount paid for the poultry; and

(6) The name of the person receiving the poultry.

(d) The sales slip shall be made in duplicate, and the copy shall be given to the seller.

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

N.H. Code Admin. R. Ann. Agr 1603.04 License May Be Revoked {#sec-agr-1603.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1603.04}

(a) A license shall be revoked if, after opportunity for a hearing, it is determined that a licensed poultry dealer has been:

(1) Defrauding by short-weighing;

(2) Paying by worthless checks;

(3) Misrepresenting any material fact in the agreement to purchase poultry; or

(4) Violating any parts of RSA 428:9-21.

APPENDIX

Rule

Specific State Statute the Rule Implements

Agr 1601.01

RSA 428:2

Agr 1601.02 - 1601.03

RSA 428:24

Agr 1602

RSA 428:4

Agr 1603.01 - 1603.02

RSA 428:9

Agr 1603.03

RSA 428:18

Agr 1603.04

RSA 428:10

History

#2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90
#5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05
#8356, eff 5-24-05; ss by #12000, eff 10-15-16

Chapter Agr 1700 Transfer of Animals and Birds

Part Agr 1701 Purpose

N.H. Code Admin. R. Ann. Agr 1701.01 Purpose {#sec-agr-1701.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1701.01}

These rules establish standards for the regulation of animal health and welfare that are consistent with the pattern established in statute by the legislature. Animal health regulation focuses on those conditions that pose a threat to public health, that would require regulatory intervention to protect the economy of the state, or both.

History

#1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90
#5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06
#8763, eff 11-22-06; ss by #10834, eff 5-21-15; ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1701.02 License Required {#sec-agr-1701.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1701.02}

Any person that transfers the following number of animals customarily used as household pets to the public between July 1 and June 30 of each year shall be licensed pursuant to RSA 437:3:

(a) Thirty or more dogs;

(b) Thirty or more cats;

(d) Fifty or more birds;

(e) Three hundred fifty or more fish;

(f) Two hundred or more reptiles;

(g) Two hundred or more amphibians; or

(h) Two hundred small mammals.

History

#13132, eff 11-20-20; ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1701.03 License Exemption for Feeder Fish and Rodents {#sec-agr-1701.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1701.03}

(a) Fish and rodents that are typically sold for the purposes of being used to feed other species such as reptiles, amphibians, and carnivorous fish shall not be included in calculating the total numbers in Agr 1701.02.

(b) Any person not licensed pursuant to RSA 437 and selling feeder fish or rodents to a member of the public may have the buyer sign a statement that the fish or rodents being purchased are solely intended for the purposes of feeding. Should the seller not maintain such records, the seller shall obtain a license when the numbers of any category of animal transferred reach the thresholds set forth in Agr 1701.02 (e)-(h).

History

#13132, eff 11-20-20; ss by #14164, eff 12-31-24

Part Agr 1702 Definitions

N.H. Code Admin. R. Ann. Agr 1702.01 Definitions {#sec-agr-1702.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1702.01}

As used herein:

(a) “Animal” means an animal customarily used as a household pet;

(b) “Bird” means any bird customarily used as a household pet;

(c) “Broker” means a “pet vendor” as defined in RSA 437:1, IV that does not own or operate a physical facility within New Hampshire;

(d) “Carapace” means a bony or chitinous case or shield covering the back or part of the back of an animal;

(e) “Department” means the department of agriculture, markets, and food of the state of New Hampshire;

(f) “Foster facilities” means premises which are not in the business of transferring animals because they house animals solely for medical or behavioral rehabilitation when the animals are owned by a license-holder for another premises;

(g) “License holder” means any person to whom a license has been issued by the department for a premises used to house, harbor, or display animals intended for transfer to the public;

(h) “Official certificate of transfer” means “official certificate of transfer” as defined in RSA 437:8, I;

(i) “Official certificate of transfer waiver” means “official certificate of transfer waiver” as defined in RSA 437:8, III;

(j) “Person” means any individual, firm, corporation, or other entity engaged in the business of transferring to the public animals customarily used as household pets;

(k) “Pet vendor” means “pet vendor” as defined in RSA 437:1, IV;

(l) “Primary enclosure” means a structure with 4 or more sides that is used as a housing unit for an animal;

(m) “Reasonable times” means the license holder’s 8 regular, posted open hours between 8 am and 4 pm, Monday through Friday;

(n) “State” means the state of New Hampshire;

(o) “Turtles” means all chelonia, including tortoises and terrapins being sold as household pets; and

(p) “Zoonotic disease” means an illness that is transmissible to humans from animals customarily used as household pets.

History

#1722, eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90
#5121, eff 4-25-91; ss by #6040, eff 5-18-95; ss by #6832, eff 8-25-98, EXPIRED: 8-25-06
#8763, eff 11-22-06; ss by #10834, eff 5-21-15 (from Agr 1701.01); and by #13132, eff 11-20-20; ss by #14164, eff 12-31-24

Part Agr 1703 Birds

N.H. Code Admin. R. Ann. Agr 1703.01 Importing and Transporting Birds Into the State of New Hampshire {#sec-agr-1703.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1703.01}

(a) No person shall import, transfer, or display any bird in the state from outside of the state until they have complied with the requirements of this section and Agr 2100.

(b) Any bird brought into the state for transfer or to be otherwise displayed by any person as defined herein shall be accompanied by a permit issued by the department as required in Agr 2100.

(c) Permits for importation of birds into the state shall be obtained from the department, One Granite Place South, Suite 211, Concord, NH 03301, telephone: 603-271-2404.

(d) All birds entering the state shall be accompanied by a certificate of veterinary inspection from the state or country of origin.

(e) All certificates required hereunder shall be countersigned by the appropriate regulatory authority of the state or country of origin.

(f) One copy of each certificate shall accompany all shipments of birds.

(g) Certificates required hereunder shall be acceptable only if issued not more than 30 days prior to the date of entry into New Hampshire.

History

#6832, eff 8-25-98, EXPIRED: 8-25-06
#8763, eff 11-22-06; ss by #10834, eff 5-21-15 (formerly Agr 1701.02); ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1703.02 Written Records {#sec-agr-1703.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1703.02}

(a) All persons shall keep a written record of all individual transfers of all birds in the state customarily used as household pets.

(b) The record shall include the following information:

(1) Date of transfer;

(2) Name and address of transferee; and

(3) Species and number of birds.

History

#6832, eff 8-25-98, EXPIRED: 8-25-06
#8763, eff 11-22-06; ss by #10834, eff 5-21-15 (formerly Agr 1701.03); ss by #14164, eff 12-31-24

Part Agr 1704 Operating Standards for Premises Licensed to House, Harbor, or Display Animals in New Hampshire

N.H. Code Admin. R. Ann. Agr 1704.01 Animal Facilities {#sec-agr-1704.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1704.01}

(a) Housing for animals shall be:

(1) Structurally sound; and

(2) Maintained in good repair to:

a. Protect the animals from injury;

b. Contain the animals; and

c. Prohibit the entrance of other animals.

(b) The facility shall have reliable and adequate electric power, if required to comply with other provisions of this section, and adequate potable water.

(c) Supplies of food and bedding shall be stored in facilities that adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food.

(d) The following provisions for waste disposal shall be made:

(1) Any waste that would be considered infectious waste under Env-Sw 904.01 shall be stored, treated, transported, and disposed of pursuant to Env-Sw 904;

(2) Provision shall be made for the removal and disposal of:

a. Animal and food wastes;

b. Bedding;

c. Dead animals; and

d. Debris;

(3) Disposal facilities shall be constructed to prevent and minimize:

a. Vermin infestation;

b. Odors; and

c. Disease hazards; and

(4) Waste shall be removed as often as necessary, but no less than once daily unless otherwise specified in the written animal health program.

History

#10834, eff 5-21-15 (from Agr 1702.01); ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1704.02 Indoor Facilities {#sec-agr-1704.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1704.02}

gr 1702.02 Indoor Facilities.

(a) Indoor housing for animals shall comply with the following heating requirements:

(1) Facilities shall be sufficiently heated to:

a. Protect the animals from cold; and

b. Provide for their health and comfort; and

(2) The ambient temperature shall not be allowed to fall below 50 degrees Fahrenheit for animals not acclimated to lower temperatures.

(b) The following provisions shall be made for ventilation:

(1) Indoor housing facilities for animals shall be adequately ventilated to provide humidity control and fresh air exchange;

(2) Such facilities shall be:

a. Provided with fresh air through any combination of:

l. Windows;

Doors;
Vents; and
Air conditioning; and

b. Ventilated so as to minimize:

Drafts;
Odors; and
Moisture condensation; and

(3) Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrenheit or higher.

(1) Lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period; and

(2) Primary enclosures shall be so placed as to protect the animals from excessive illumination.

(d) The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are impervious to moisture and can be readily sanitized.

(e) If drains are in place, a method of drainage to rapidly eliminate excess water from indoor housing facilities shall be provided as follows:

(1) They shall be constructed pursuant to New Hampshire state plumbing codes and kept in good repair to avoid foul odors therefrom; and

(2) If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.

History

#10834, eff 5-21-15 (formerly Agr 1702.02); ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1704.03 Outdoor Facilities {#sec-agr-1704.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1704.03}

(a) When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun.

(b) Animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.

(1) Adequate shelter shall be provided for all animals kept outdoors when the atmospheric temperature falls below 50 degrees Fahrenheit; and

(2) Sufficient clean bedding material or other means of protection from the weather elements shall be provided.

History

#10834, eff 5-21-15 (formerly Agr 1702.03); ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1704.04 Primary Enclosures {#sec-agr-1704.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1704.04}

(a) Requirements for primary enclosures for animals shall be as follows:

(1) Primary enclosures, including the floors, shall be structurally sound and maintained in good repair to:

a. Protect the animals from injury;

b. Contain them; and

c. Keep other animals out;

(2) Primary enclosures shall be constructed and maintained so as to enable the animals to remain dry and clean, unless the animal lives in water; and

(3) Primary enclosures shall be constructed and maintained so that the animals contained therein have convenient access to clean food and water.

(b) In addition to the requirements in this section, all primary enclosures housing cats shall have a solid floor and a receptacle or any reasonable substitute containing sufficient clean litter to contain excreta.

(1) Turn about freely; and

(2) Easily stand, sit, and lie in a comfortable normal position.

(d) In addition to the requirements in (a) through (c) of this section, additional space requirements shall be provided for dogs as follows:

(1) In addition to the provisions of Agr 1703.04(c), each dog housed in any primary enclosure shall be provided:

a. A minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail plus 6 inches, expressed in square feet, as in the formulas below:

(length of dog in inches + 6) x (length of dog in inches + 6) = Required area in square inches

Required area in square inches = Required square feet of floor space/144; and

b. A primary enclosure containing no more than 4 adult dogs; and

(2) If dog houses with chains or tethers are used as a permissible exception to primary enclosures for dogs kept outdoors, the chains or tethers used shall be:

a. So placed or attached that they cannot become entangled with the chains or tethers of other dogs or any other objects;

b. Adequately sized and weighted for the size dog involved so as not to prohibit movement while not allowing the dog to break the chain or tether;

c. Attached to the dog by means of a well fitted non-choking collar or harness;

d. At least 3 times the length of the dog as measured from the tip of its nose to the base of its tail; and

e. Allow the dog convenient access to the dog house.

History

#10834, eff 5-21-15 (formerly Agr 1702.04); ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1704.05 Animal Health and Husbandry Standards {#sec-agr-1704.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1704.05}

(a) Animals shall be fed at least twice each day, except as otherwise might be recommended by the supervising veterinarian pursuant to Agr 1704.05 (e) to provide adequate nutrition and veterinary care, as follows:

(1) The food shall be:

a. Free from contamination;

b. Palatable to the individual animal; and

c. Of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal;

(2) Dogs and cats shall use food receptacles, other animals may use food receptacles;

(3) Food receptacles shall be:

a. Accessible to each animal;

b. Located so as to minimize contamination by excreta;

c. Durable and kept clean; and

d. Sanitized daily;

(4) Disposable food receptacles may be used but shall be discarded after each feeding; and

(5) If self-feeders are used, they:

a. Shall only be used for the feeding of dry food; and

b. Shall be sanitized and maintained regularly to prevent:

l. Mold and algae accretion;

Deterioration; or
Caking of feed.

(b) Potable water shall be accessible to the animals at all times, except as dictated by species, for example, fish, or might otherwise be required to provide adequate veterinary care, as follows:

(1) Watering receptacles shall be kept clean; and

(2) They shall be sanitized daily.

(1) The following shall be required for cleaning of primary enclosures:

a. Excreta shall be removed from primary enclosures as often as necessary, but no less than once daily unless otherwise specified in the written animal health program, to:

l. Prevent contamination of the animals contained therein; and

Reduce disease hazards and odors;

b. When a hosing or flushing method is used for cleaning a primary enclosure commonly known as a cage:

l. Any animal contained therein shall be removed from such enclosure during the cleaning process; and

Adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes;

(2) Prior to the introduction of animals into empty primary enclosures previously occupied by a different animal, such enclosures shall be sanitized as follows:

a. Primary enclosures shall be cleaned and sanitized often enough to prevent an accumulation of debris or excreta or a disease hazard;

b. Cages, rooms, and hard-surfaced pens or runs shall be sanitized by:

Washing them with hot water and soap or detergent delivered with a machine;
Manually washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant; or
Cleaning all soiled surfaces with live steam; and

c. Pens or runs using gravel, sand, or dirt shall be cleaned by removing the soiled gravel, sand, or dirt and replacing it as necessary and spraying the surface with disinfectant in accordance with programs of disease control and prevention required by Agr 1704.05(e);

(3) The building and grounds shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this subpart;

(4) Premises shall remain free of accumulations of trash; and

(5) A program sufficient to prevent and address visible signs of infestation with insects, ectoparasites, and avian and mammalian pests shall be established and maintained. The licensee shall maintain written protocols at the licensed premises for review by the department upon request.

(d) Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions:

(1) Estrous females shall not be housed in the same primary enclosures with males, except for breeding purposes;

(2) Infant animals shall not be housed in the same primary enclosure with adult animals other than their dams, except when permanently maintained in breeding colonies;

(3) Neither dogs nor cats shall be housed in the same primary enclosure with any other species of animals; and

(4) Any animal under quarantine or treatment for a communicable disease shall be separated from any other animals in such a manner as to minimize dissemination of such disease.

(e) Written programs of disease control and prevention, euthanasia, and adequate veterinary care shall be established and maintained under the supervision and assistance of a doctor of veterinary medicine currently licensed pursuant to RSA 332-B, including at a minimum the following:

(1) Every animal shall be observed daily by the animal caretaker in charge, or by someone under their direct supervision, for the purpose of monitoring health, nutrition, and well-being;

(2) Animals shall be provided with adequate care, up to and including euthanasia if necessary, at the discretion of the supervising veterinarian if they are:

a. Sick or diseased;

b. Injured;

c. Lame; or

d. Acutely blind; and

(3) Copies of the programs with the name, date, and signature of the supervising veterinarian shall be on file with the department, in hard copy or electronically, prior to initial licensing or license renewal and shall be re-submitted upon any change in program content or supervising veterinarian.

History

#10834, eff 5-21-15 (formerly Agr 1702.05); ss by #14164, eff 12-31-24

Part Agr 1705 Transfer of Dogs, Cats, or Ferrets from One Owner to Another

N.H. Code Admin. R. Ann. Agr 1705.01 Official Certificate of Transfer {#sec-agr-1705.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1705.01}

(a) An official certificate of transfer shall be created in the animal records database by a New Hampshire licensed veterinarian, or submitted by other means pursuant to an electronic filing waiver under Agr 4104.02, for each individual dog, cat, or ferret, being transferred from one owner to a member of the public within the state of New Hampshire, and shall contain the address of, and be signed by, a licensed veterinarian.

(b) The signing veterinarian shall certify:

(1) The date when, and the fact that, a vaccine, approved by the department in accordance with RSA 436:80, has been administered for the purpose of protection against infectious disease; and

(2) That the dog, cat, or ferret, at the time of the animal’s examination, was free from visual and physical examination evidence of communicable zoonotic disease, including gastrointestinal, dermatological, and respiratory illness.

(1) Name and address of the entity transferring ownership of the dog, cat, or ferret;

(2) The age, gender, and breed of the dog, cat, or ferret;

(3) Microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret;

(4) Date and place of its birth;

(5) Date of its entry into New Hampshire;

(6) Date of its acceptance by the licensee; and

(7) A description of the date of and nature of all medication and treatment given by a licensed veterinarian or the animal caretaker or someone under the licensed veterinarian’s supervision prior to the veterinarian’s initial examination and prior to the sale or transfer.

History

#14164, eff 12-31-24 (formerly Agr 1704.06)

N.H. Code Admin. R. Ann. Agr 1705.02 Notice to Public {#sec-agr-1705.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1705.02}

(a) At any premises transferring a dog, cat, or ferret, a sign with minimum dimensions of 14 inches by 18 inches and located at a height of between 4 feet and 6 feet shall be prominently displayed, together with the licensee's license, in the area where the dogs, cats, or ferrets are displayed. A copy of said language shall also be provided with the animal in a letter or other document at the time of transfer.

(b) The sign shall contain the following information:

(1) The words "Buyer's Inspection and Refund" in block letters at least one inch in height; and

(2) In easily readable print the following statements:

"Under state law you have the right to inspect the official certificate of transfer containing a description and medical history of any dog or cat or ferret offered for transfer and to have a copy of such certificate for any animal you may obtain."

"Under state law, within 14 days of transfer, you may have the dog, cat, or ferret examined by a licensed veterinarian of your choice. Unless such exam indicates the animal is free of disease, you may obtain a substitution of a similar animal of equal value or, at your option, a full refund of any money exchanged for the animal, but only if within 2 business days of such examination you return the diseased animal to the premises along with a written statement from the veterinarian that the animal was not free from disease."

History

#14164, eff 12-31-24 (formerly Agr 1704.07)

N.H. Code Admin. R. Ann. Agr 1705.03 Written Records {#sec-agr-1705.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1705.03}

(a) Each license holder shall keep a written record of all individual animals entering the licensed premises including:

(1) Date of purchase or acceptance;

(2) Name and address of seller, consignor, or donor; and

(3) A description of the animals, including the species, age, and sex.

(b) Each license holder shall keep a written record of transfers of all animals leaving their facilities including:

(1) Date of transfer;

(2) Name and address of recipient; and

(3) Species, age, sex, and description of animals.

(c) Records shall be maintained at the facility for a minimum of one year after the date of transfer. Such records shall be available upon demand for inspection at the licensed premises by the department during reasonable times.

History

#14164, eff 12-31-24 (formerly Agr 1704.08)

N.H. Code Admin. R. Ann. Agr 1705.04 Rabies Vaccination {#sec-agr-1705.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1705.04}

Animals shall not be allowed to freely roam the facility unless they are currently immunized against rabies pursuant to RSA 436:100 and are free of visual evidence of communicable disease.

History

#14164, eff 12-31-24 (formerly Agr 1704.09)

N.H. Code Admin. R. Ann. Agr 1705.05 Foster Facilities {#sec-agr-1705.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 1705.05}

(a) License holders shall assure that foster facilities at which the license holder keeps animals shall be inspected no less frequently than once a year and that they meet acceptable standards to ensure that the health and safety of the animals shall be maintained.

(b) Foster facilities shall be used solely for medical or behavioral rehabilitation when a physical facility already holds a license to house animals. Foster facilities shall not be used as an extension of space for housing the general population of a licensee.

(c) Foster facilities may house animals that are owned by the licensee, but foster facilities shall not own such animals. If the department receives a complaint about a foster facility, the department shall inspect that property as part of the license holder’s network and the license holder shall be subject to sanction for any shortcomings which pose a risk to the health and safety of the animals in their network.

(d) Licensees shall maintain a list of current foster facilities that shall be available to the department upon request.

(e) Brokers shall not use foster facilities.

History

#14164, eff 12-31-24 (formerly Agr 1704.10)

Part Agr 1706 Turtles

N.H. Code Admin. R. Ann. Agr 1706.01 Turtle Size {#sec-agr-1706.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1706.01}

In accordance with 21 CFR 1240.62, no person shall sell a turtle that has a carapace less than 4 inches from front to rear.

History

#10834, eff 5-21-15 (from Agr 1703.02); ss by #14164, eff 12-31-24 (formerly Agr 1705.01)

Part Agr 1707 Occasional Operations

N.H. Code Admin. R. Ann. Agr 1707.01 Occasional Operations {#sec-agr-1707.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1707.01}

An “occasional pet vending operation'' shall not require a license under RSA 437:1 if:

(a) It operates no more than 2 days during a 30-day period;

(b) A letter indicating approval by a local official is kept on site at the time of the occasional pet vending operation;

(c) Every dog, cat, or ferret housed, harbored, or displayed at an occasional pet vending operation shall be quarantined in a licensed premises for at least 48 hours prior to participation in the occasional pet vending operation;

(d) For entities not holding a current RSA 437 license, a licensed veterinarian shall be on site for the entire duration of the operation to assure animal welfare, oversee animal housing, and issue official certificates of transfer for each animal that is transferred to the public; and

(e) For current RSA 437 license holders, a copy of a current official certificate of transfer is on site for each animal that is transferred to the public.

History

#10834, eff 5-21-15; ss by #14164, eff 12-31-24 (formerly Agr 1706.01)

Part Agr 1708 Forms

N.H. Code Admin. R. Ann. Agr 1708.01 Applications {#sec-agr-1708.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1708.01}

Each applicant for a license shall apply using a form prescribed by and available from the department. The licensing application process shall be completed within 6 months of the department’s initial receipt of any required information, with exception for extraordinary circumstances, for example, accident, illness, or military service.

History

#10834, eff 5-21-15; ss by #14164, eff 12-31-24 (formerly Agr 1707.01)

N.H. Code Admin. R. Ann. Agr 1708.02 Forms and Fees {#sec-agr-1708.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1708.02}

(a) Persons seeking a pet vendor license shall apply for that license by completing and submitting an on-line application accessed through the department website, www.agriculture.nh.gov, once it is operational including a non-refundable fee required by RSA 437:3.

(b) Prior to the on-line application being operational, persons seeking a pet vendor license shall complete and submit form “Application to License Pet Vendors” (Revised 12/24) and submit to: New Hampshire Department of Agriculture, Markets and Food, Division of Animal Industry, One Granite Place South, Suite 211, Concord, NH 03301 with a non-refundable fee required by RSA 437:3.

History

#10834, eff 5-21-15; ss by 13132, eff 11-20-20; ss by #14164, eff 12-31-24 (formerly Agr 1707.02)

N.H. Code Admin. R. Ann. Agr 1708.03 Review of Application {#sec-agr-1708.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1708.03}

(a) The department shall examine the application within 30 days of receipt and notify the applicant of any apparent errors, omissions, or otherwise incomplete portions of the application, request any additional information that the agency is permitted by law to require, and notify the applicant of the name, official title, address, and telephone number of an agency official or employee who may be contacted regarding the application.

(b) The department shall approve or deny a completed application within 60 days of receipt.

(c) The department may extend the time periods for review provided for in this section upon written agreement of the applicant.

History

#10834, eff 5-21-15; ss by #14164, eff 12-31-24

N.H. Code Admin. R. Ann. Agr 1708.04 Abandonment of an Application {#sec-agr-1708.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 1708.04}

An application shall be deemed abandoned when the applicant fails to complete the application and licensure process within 6 months of the department’s initial receipt of any required information unless that time period is extended pursuant to Agr 1708.01 or Agr 1708.03(c).

History

#10834, eff 5-21-15; ss by #14164, eff 12-31-24 (formerly Agr 1707.03)

Part Agr 1709 Issuing a License

N.H. Code Admin. R. Ann. Agr 1709.01 Transfer of Animals and Birds {#sec-agr-1709.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1709.01}

. Licenses.

(a) Licenses shall be issued upon submission of all application materials, the fees, and information required by RSA 437 and Agr 1700, and a finding following an inspection by the department that the premises meet the standards in RSA 437 and Agr 1700.

(b) For new applications, a successful inspection finding shall be completed within 6 months from filing an application unless the time period has been extended pursuant to Agr 1708.01 or Agr 1708.03(c).

History

#10834, eff 5-21-15; ss by #14164, eff 12-31-24 (formerly Agr 1708.01)

Part Agr 1710 Revocation, Suspension and Other Sanctions

N.H. Code Admin. R. Ann. Agr 1710.01 Disciplinary Sanctions {#sec-agr-1710.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1710.01}

Upon finding noncompliance with Agr 1700 or RSA 437, the department shall determine which sanctions pursuant to RSA 437:10 to impose by considering the:

(a) Severity of the offense;

(b) Licensee’s history of misconduct;

(d) Licensee’s willingness to cooperate with the department’s investigation;

(e) Purpose of the rule or statute violated;

(f) Potential harm to public health and safety; and

(g) Nature and extent of the enforcement activities required of the department as a result of the offense.

APPENDIX

Rule

Specific State Statute the Rule Implements

Agr 1701

RSA 437:2

Agr 1702

RSA 437:1; RSA 437:8

Agr 1703

RSA 437:3; RSA 437:6

Agr 1704

RSA 437:3

Agr 1705.01

RSA 437:3; RSA 437:5; RSA 437:8; RSA 437:10

Agr 1705.02

RSA 437:3, RSA 437:5; RSA 437:6; RSA 437:8

Agr 1705.03

RSA 437:3; RSA 437:5; RSA 437:6; RSA 437:8

Agr 1706

RSA 437:1; RSA 437:5

Agr 1707

RSA 437:1; RSA 437:8

Agr 1708

RSA 437:3; RSA 437:4

Agr 1709

RSA 437:3

Agr 1710

RSA 437:10

History

#10834, eff 5-21-15; ss by #14164, eff 12-31-24 (formerly Agr 1709.01)

Chapter Agr 1800 New Hampshire Administrative Requirements for the Keeping of Honey Bees

Part Agr 1801 Purpose and Scope

N.H. Code Admin. R. Ann. Agr 1801.01 Purpose {#sec-agr-1801.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1801.01}

The division of plant industry is charged with apiary inspection and regulation under the immediate supervision of the state entomologist and commissioner of the New Hampshire department of agriculture, markets, and food. These rules are intended to clarify the requirements, procedures, and methods that inspectors and beekeepers shall follow in dealing with infectious or contagious diseases, parasites, or pests of immature and adult honey bees, or beekeeping equipment.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

N.H. Code Admin. R. Ann. Agr 1801.02 Scope {#sec-agr-1801.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1801.02}

These rules shall apply to individuals who maintain honey bees, or import honey bees into, or transport honey bees through the state pursuant to RSA 429:2, RSA 429:3, and RSA 429:7.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

Part Agr 1802 Beekeeping Definitions

N.H. Code Admin. R. Ann. Agr 1802.01 Definitions {#sec-agr-1802.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1802.01}

In Agr 1800, the following terms shall have the following meanings:

(a) "Abate" means to take steps to terminate the development or spread of contamination by bee diseases, parasites, or pests;

(b) "Acarapis woodi (Rennie)" means an endoparasitic mite of adult honey bees that lives in the anterior thoracic trachea. This mite is commonly referred to as the "honey bee tracheal mite" or "acarine mite";

(d) "Africanized honey bee" means honey bees of the subspecies Apis mellifera scutellata;

(e) "American foulbrood (AFB)" means the contagious disease of bee larvae caused by Paenibacillus larvae;

(f) "Apiary" means a place where one or more colonies of honey bees is kept and includes hives, honey bees, and beekeeping equipment;

(g) "Bee disease" means American foulbrood, European foulbrood, nosemosis, sacbrood, bee paralysis, or other diseases or abnormal conditions of egg, larval, pupal, or adult stages of bees;

(h) "Bee package" means a quantity of bees, with or without a queen, sold as a package;

(i) "Beekeeper" means owner or operator in charge of maintaining the apiary;

(j) "Certificate of inspection" means a document issued upon inspection of bees, beekeeping equipment, or both by the department of agriculture, markets, and food, indicating the health conditions of the colony, equipment, or both;

(k) "Colony" means the hive and associated equipment, including bees, comb, and honey;

(l) "Commissioner" means the commissioner of the New Hampshire department of agriculture, markets, and food;

(m) "Contaminated" means infected, or liable to carry infection, with a disease or parasite of the honey bee;

(n) "Director" means the state entomologist, director of the division of plant industry, New Hampshire department of agriculture, markets, and food;

(o) "Equipment" means hives, hive equipment, veils, gloves, or other apparatus, tools, machines, or other devices used in the handling and manipulation of bees;

(p) "Hive" means a container that is used as a domicile for bees;

(q) "Honey bee" means the species of bee identified as Apis mellifera;

(r) "Inspector" means any person who is authorized by the commissioner to enforce this chapter;

(s) "Nosema" means Nosema spp., internal parasitic microsporidia, or fungi of honey bees;

(t) "Parasite" means the honey bee tracheal or varroa mite or other such pests which live in or on the honey bee and at the expense thereof;

(u) "Pest" means “pest” as defined in RSA 430:29, XXV, namely “any plant, insect, rodent, fungi, animal, weed, other forms of plant or animal life, or virus, bacteria, or other microorganism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which exists in a place where it is not wanted, or in a quantity not wanted”;

(v) "Pesticide" means “pesticide” as defined in RSA 430:29, XXVI, namely

“(a) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

(b) Any chemical or biological agent, or substance or mixture of substances of such agents, intended to control a pest or for use as a plant regulator, defoliant, or desiccant”;

(w) "Regulated pests" means those diseases and parasites that are required to be abated due to their negative impact on the beekeeping industry;

(x) "Robbing" means the foraging of honey by bees, hornets, or wasps from another hive instead of gathering nectar from flowers or other plant sources;

(y) "Tropilaelaps spp." means external parasitic mites in the genus Tropilaelaps that parasitize honey bees; and

(z) "Varroa mite" means external parasitic mites in the genus Varroa that parasitize honey bees.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

Part Agr 1803 Apiary Identification and Maintenance

N.H. Code Admin. R. Ann. Agr 1803.01 Apiary Identification {#sec-agr-1803.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1803.01}

Beekeepers shall print, stencil, or brand their name, mailing address, and phone number directly on the outside of the hive body, the underside of the top covers, or a sign prominently displayed in the apiary to facilitate communication by inspectors and emergency personnel.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

N.H. Code Admin. R. Ann. Agr 1803.02 Apiary Maintenance {#sec-agr-1803.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1803.02}

(a) Pursuant to RSA 429:4, no person shall keep or maintain bees in any hive other than a movable frame hive that permits a thorough examination of every comb for the presence of pests. The use of all other types of hives or receptacles for bees, whether manufactured or natural, shall be prohibited.

(b) Beekeepers shall maintain their apiaries and all bee equipment in such a manner that the apiaries or equipment shall not be susceptible to robbing in any form or at any time.

(c) Beekeepers shall maintain their apiaries such that they are suitable for inspection, such as free from physical hazards or unsafe conditions for the inspector.

(d) If the inspector finds conditions (a), (b), and (c) above are not met, or other unsanitary conditions are found, including but not limited to the presence of infectious diseases or equipment or combs infested with insects or other animals, such conditions shall be abated by the beekeeper as directed by the inspector.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

Part Agr 1804 Apiary Inspections

N.H. Code Admin. R. Ann. Agr 1804.01 Apiary Inspection {#sec-agr-1804.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1804.01}

Every year, the inspector shall inspect apiaries, bees, and equipment for evidence of any pests of honey bees if the beekeeper makes a request for inspection or if there is suspicion of the presence of a regulated pest.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

N.H. Code Admin. R. Ann. Agr 1804.02 Inspection Fees {#sec-agr-1804.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1804.02}

(a) The fee schedule for apiaries, bees, and equipment shall be as follows:

(1) For an apiary site visit the fee shall be $20;

(2) For inspections involving more than 50 colonies, or equivalent in equipment, at a single site there shall be an additional fee of $25; and

(3) A fee of $10 shall be charged for each sample taken by the inspector at the request of the beekeeper.

(b) Payment for inspection services provided under Agr 1804.01 shall be made upon completion of the inspection. Checks shall be payable to "Treasurer, State of New Hampshire."

History

#10586, eff 5-13-14; ss by #13978, eff 5-23-24

N.H. Code Admin. R. Ann. Agr 1804.03 Issuance of Certificate of Inspection {#sec-agr-1804.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1804.03}

(a) After an official inspection, the apiary inspector or the director of the division of plant industry shall issue a certificate of inspection.

(b) The certificate of inspection shall state:

(1) The beekeeper’s name and home address;

(2) The location of each apiary and number of colonies inspected;

(3) That the apiary, bees, and equipment have been inspected;

(4) The date of the inspection;

(5) The principle findings of the inspection; and

(6) The name of the inspector.

History

#10586, eff 5-13-14; ss by #13978, eff 5-23-24

Part Agr 1805 Pest Control

N.H. Code Admin. R. Ann. Agr 1805.01 Pests Honey Bees {#sec-agr-1805.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1805.01}

Regulated pests shall include:

(a) Africanized honey bee (Apis mellifera scutellata);

(b) American foulbrood (Paenibacillus larvae); and

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

N.H. Code Admin. R. Ann. Agr 1805.02 Procedures for Abatement of Regulated Pests {#sec-agr-1805.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1805.02}

(a) When, during the course of inspection, a regulated pest is found in an apiary, the inspector conducting the inspection shall:

(1) Declare the honey bees and the equipment contaminated by the regulated pest to be a danger for spreading the pest, and order the isolation of affected colonies until the diagnosis is confirmed by a laboratory; and

(2) Provide the beekeeper of the affected apiary with an inspection report stating the suspected diagnosis and the manner in which the diseased or infested apiary, bees, or equipment have been marked.

(b) Upon laboratory confirmation of the diagnosis, the inspector shall:

(1) Serve notice to the beekeeper ordering abatement of the regulated pest within 10 days of the service of the notice; and

(2) The notice shall be served:

a. Personally or by mail to the last known address of the beekeeper; or

b. By posting it in a conspicuous place in the apiary when the beekeeper is not known.

(c) The beekeeper shall, at the request of the inspector, provide the location of every apiary the beekeeper owns or operates in New Hampshire.

(d) The inspector, after informing the director of the division of plant industry, shall, at the beekeeper’s expense, abate the pest immediately after expiration of the time specified in the notice, if:

(1) The beekeeper of an apiary in which the regulated pests are found to exist cannot be located after contacting adjoining landowners, city or town clerk, or police or fire department; or

(2) Notice has been served pursuant to these rules, and the beekeeper refuses or neglects to abate the regulated pests within the time specified in the notice.

(e) For abatement of AFB, the inspector, or the beekeeper under the supervision of the inspector, shall:

(1) Burn the diseased honey bees and contaminated equipment with city or town approval as follows:

a. The diseased colonies of honey bees shall be exterminated with an insecticide that meets the rules and requirements of the pesticide control board and the New Hampshire department of agriculture, markets, and food, division of pesticide control, pursuant to RSA 430:28-RSA 430:50. The components of the contaminated hive together with any bees and diseased comb found in the apiary, shall be burned in a burn barrel, a pit not less than 18 inches deep, or in some other manner approved by the local fire department, and the ashes shall be covered with at least 6 inches of soil; or

b. The diseased colonies of honey bees shall be exterminated pursuant to Agr 1805.02(e)(1)a., and the contaminated hive components, including dead bees, shall be placed in sealable containers and incinerated at an approved incineration facility; or

(2) Abate the diseased honey bees and contaminated equipment following recommendations by the inspector, who shall reinspect the colony or colonies after 10 days. If AFB is still present in the colony or colonies, the honey bees and the contaminated equipment shall be destroyed pursuant to Agr 1805.02(e)(1).

(f) For abatement of Tropilaelaps spp. mites, the inspector, or the beekeeper under the

supervision of the inspector, shall abate the infested honey bees and equipment following recommendations by the inspector.

(g) For abatement of Africanized honey bees, Apis mellifera scutellata, the apiary shall be

condemned, and the inspector, or the beekeeper under the supervision of the inspector, shall:

(1) Exterminate, pursuant to Agr 1805.02(e)(1)a., colonies of Africanized honey bees exhibiting levels of defensive behavior deemed by the inspector to be a danger to the general public; or

(2) Abate the Africanized honey bees following recommendations by the inspector who shall reinspect the colony or colonies after 10 days.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

Part Agr 1806 Interstate Movement of Bees

N.H. Code Admin. R. Ann. Agr 1806.01 Transporting Bees Into or Through New Hampshire {#sec-agr-1806.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1806.01}

(a) Used beekeeping equipment, honey bee queens, bee packages, and colonies shall be allowed

into New Hampshire only when accompanied by a certificate signed by the state entomologist, state apiary inspector, or similar official of the state or country of origin.

(b) The certificate shall:

(1) Certify the apparent freedom from infectious diseases, parasites, and pests; and

(2) Be based on an actual inspection within a period of 30 days preceding the date of entry into New Hampshire.

(c) Colonies of honey bees transported into or through the state of New Hampshire shall be covered with wire mesh, screen, or netting commonly used by migratory beekeepers, or otherwise restricted to confine the bees to the hives. These colonies shall be subject to inspection by the apiary inspector as deemed necessary by the inspector or the director of the division of plant industry.

(d) Any honey bees or equipment that have been brought into New Hampshire without a certificate shall be subject to inspection by the apiary inspector.

History

(See Revision Note at chapter heading for Agr 1800) #5802, eff 3-25-94, EXPIRED: 3-25-00
#7284, eff 5-24-00, EXPIRED: 5-24-08
#10586, eff 5-13-14; ss by #13978, eff 5-23-24

Part Agr 1807 Registration of Hives

N.H. Code Admin. R. Ann. Agr 1807.01 Form A-1 Application for Apiary Registration {#sec-agr-1807.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1807.01}

Any applicant owning or possessing honey bees in New Hampshire may register hives with the department of agriculture, markets, and food by completing and submitting Form A-1 “Application for Apiary Registration”, amended 5-22-24.

History

#13978, eff 5-23-24

Part Agr 1808 Violations

N.H. Code Admin. R. Ann. Agr 1808.01 Violations {#sec-agr-1808.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1808.01}

(a) Any person who violates the provisions of these rules shall be subject to the penalty provisions in RSA 429:5 and RSA 429:27.

(b) It shall be a violation for any beekeeper to fail to identify their apiary or hives pursuant to Agr 1803.01.

(d) It shall be a violation for any beekeeper to fail to abate a regulated pest under direction of the apiary inspector pursuant to Agr 1805.02.

(e) It shall be a violation for any beekeeper to import used beekeeping equipment, honey bee queens, bee packages, and colonies without a certificate pursuant to Agr 1806.01(a) and (b).

(f) Violations of section Agr 1808.01(b)-(e) shall result in the assessment of administrative fines.

(g) The administrative fine schedule shall be as follows:

(1) First offense, $100;

(2) Second offense, $200;

(3) Third offense, $300; and

(4) Fourth and subsequent offenses, $1,000.

APPENDIX

Rule

Specific State Statute the Rule Implements

Agr 1801

RSA 429:8

Agr 1802

RSA 429:8, I

Agr 1803.01

RSA 429:2 and RSA 429:8, I

Agr 1803.02

RSA 429:4 and RSA 429:8, III

Agr 1804.01

RSA 429:2, 429:3 and RSA 429:8, I

Agr 1804.02

RSA 429:8, II

Agr 1804.03

RSA 429:2 and RSA 429:8, I

Agr 1805.01

RSA 429:8, III and RSA 429:8, V

Agr 1805.02

RSA 429:2; RSA 429:3; RSA 429:8, III; RSA 429:8, V; RSA 430:28; RSA 430:50

Agr 1806.01

RSA 429:7 and RSA 429:8, IV

Agr 1807

RSA 429:8, III

Agr 1808

RSA 429:27

History

#13978, eff 5-23-24

Chapter Agr 1900 Livestock Dealer Licensing

Part Agr 1901 Purpose

N.H. Code Admin. R. Ann. Agr 1901.01 Purpose {#sec-agr-1901.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1901.01}

These rules establish standards for the regulation of animal health and welfare that are consistent with the pattern established in statute by the Legislature. Animal health regulation focuses on those conditions that pose a threat to public health, that would require regulatory intervention to protect the economy of the state, or both.

History

#1708, eff 4-3-81; ss by #2175, eff 11-30-82; amd by #2342, eff 4-21-83; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
#4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04
#8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
#12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

Part Agr 1902 Definitions

N.H. Code Admin. R. Ann. Agr 1902.01 Accredited veterinarian {#sec-agr-1902.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1902.01}

"Accredited veterinarian" means a licensed veterinarian approved by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) administrator and the state animal health official to perform duties as outlined in 9 C.F.R. Part 161.

History

#1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
#4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04
#8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-97, EXPIRED: 6-20-15
#12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

N.H. Code Admin. R. Ann. Agr 1902.02 Commissioner {#sec-agr-1902.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1902.02}

“Commissioner” means the New Hampshire commissioner of agriculture, markets & food.

History

#1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
#4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04
#8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
#12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18 (formerly Agr 1901.02)

N.H. Code Admin. R. Ann. Agr 1902.03 Official identification {#sec-agr-1902.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1902.03}

“Official identification” means any state required, pursuant to RSA 427:41, IV-V, or federally required, pursuant to 9 C.F.R. Part 86.1-86.4, unique and permanent method of identification that specifically identifies individual animals in accordance with one of the systems outlined in Table 1 of USDA’s Animal Disease Traceability General Standard. Official identification includes but is not limited to ear tags, brands, bands, tattoos, microchips, and, for dogs, cats, and equines, physical description of both natural and acquired markings unique to an individual animal.

History

#1708, eff 4-3-81; ss by #2175, eff 11-30-82; amd by #2342, eff 4-21-83; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
#4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04
#8143, eff 8-24-04; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
#12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

Part Agr 1903 Issuance, Refusal to Issue, and Revocation of Licenses

N.H. Code Admin. R. Ann. Agr 1903.01 Obtaining Application {#sec-agr-1903.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1903.01}

Persons desiring a license to deal in livestock may obtain an application from the:

New Hampshire Department of Agriculture, Markets & Food

Animal Industry Division

PO Box 2042

Concord, NH 03302-2042

History

#1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
#4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04
#8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
#12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18 (formerly Ag1902.01)

N.H. Code Admin. R. Ann. Agr 1903.02 Filing Application {#sec-agr-1903.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1903.02}

Applications shall be filed with the:

New Hampshire Department of Agriculture, Markets & Food

Animal Industry Division

PO Box 2042

Concord, NH 03302-2042

History

#12555, eff 6-21-18 (formerly Agr 1902.02)

N.H. Code Admin. R. Ann. Agr 1903.03 Information Required on Initial or Renewal Application {#sec-agr-1903.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 1903.03}

(a) Every applicant for an initial or renewal license shall provide information as required by RSA 427:39 on either an “Initial Application for Livestock Dealer’s License” or a “Renewal Application for Livestock Dealer’s License”, as applicable.

(b) Every applicant for an initial or renewal license shall also provide the following on either an “Initial Application for Livestock Dealer’s License” or a “Renewal Application for Livestock Dealer’s License”:

(1) The business name of applicant, business address, and business telephone;

(2) The owner’s name, residential address, and residential telephone number;

(3) The names and addresses of all New Hampshire licensed agents or persons handling livestock for the dealer;

(4) The type of activity engaged in, including:

a. Buying, selling, transporting, or any combination thereof;

b. Transporting only; or

c. Operating a livestock auction or sales ring.

(5) A list of other jurisdictions in which the applicant is licensed to deal in livestock;

(6) Whether or not he or she has ever had a license to deal in livestock issued by another jurisdiction suspended or revoked;

(7) If the applicant has had his or her license suspended or revoked, a detailed explanation of the actions which resulted in that revocation or suspension;

(8) Whether the person is licensed under the USDA Packers and Stockyards Act;

(9) The license plate numbers and description of all trucks or other conveyances used in the transportation of livestock; and

(10) The signature of the applicant certifying that the applicant and any agents acting on their behalf shall abide by the provisions of RSA 427 and RSA 436 and rules and regulations promulgated thereunder and the date signed.

(c) In addition to the information listed in Agr 1903.03 (a) and (b), every applicant submitting an “Initial Application for Livestock Dealer’s License” shall submit a copy of an official State of New Hampshire criminal history record which can be obtained from the New Hampshire State Police Criminal Records Unit.

(d) The license application fee of $50 and the permit fee of $5 for each truck or other conveyance shall accompany the application. Cash payments shall not be submitted through the mail. The application fee shall not be refundable if the application is denied, pursuant to RSA 427:42.

History

12555, eff 6-21-18 (formerly Agr 1902.03)

Part Agr 1904 Records

N.H. Code Admin. R. Ann. Agr 1904.01 Written Records {#sec-agr-1904.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1904.01}

(a) Each license holder shall keep a written record of all individual animals entering the licensed premises, conveyances, or both including:

(1) Date of purchase or acceptance;

(2) Name and address of seller, consignor, or donor; and

(3) Species, age, breed, gender, description, and official identification numbers of animals.

(b) Each license holder shall keep a written record of all transfers of all animals leaving the licensed premises, conveyance, or both including:

(1) Date of transfer;

(2) Name and address of recipient; and

(3) Species, age, breed, gender, description, and official identification numbers of animals.

(c) Records shall be maintained at the licensed premises or in the licensed conveyance for a minimum of one year after the date the animal left the operation. Such records shall be available upon request for inspection at the licensed premises by the department during reasonable times.

History

#1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
#4957, eff 10-19-90; rpld by #6272, eff 6-25-96, EXPIRED: 6-25-04
#8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
#12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

Part Agr 1905 Disease Control

N.H. Code Admin. R. Ann. Agr 1905.01 Biosecurity {#sec-agr-1905.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1905.01}

A written plan for disease control and prevention, including cleaning and disinfection of premises and conveyances, shall be on file with the department, in hard copy or electronically prior to initial licensing or license renewal and shall be re-submitted upon any change in program content.

History

#12555, eff 6-21-18

N.H. Code Admin. R. Ann. Agr 1905.02 Access to Veterinary Care {#sec-agr-1905.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 1905.02}

(a) At each license renewal, the license holder shall submit with the application a written statement signed by an accredited veterinarian, licensed in New Hampshire, stating that the veterinarian shall be available to provide veterinary care as necessary.

(b) The license holder shall inform the department of any change in veterinarian within 30 days of said change.

History

#12555, eff 6-21-18

Part Agr 1906 Inspections

N.H. Code Admin. R. Ann. Agr 1906.01 Inspections and Inspection Records {#sec-agr-1906.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1906.01}

(a) Each license holder shall comply with RSA 427:48 while hauling any livestock.

(b) Each license holder shall submit premises, buildings, conveyances, and animals to inspection, or a combination thereof, at any such times as the commissioner may deem necessary and advisable.

(1) Records for compliance with RSA 427:41 and Agr 1904;

(2) Premises for compliance with RSA 435:11-16 and Agr 3700 for equines and with RSA 644:8, “acts or omissions injurious or detrimental to the health, safety or welfare of any animal, including the abandoning of any animal without proper provision for its care, sustenance, protection or shelter”, for all animals; and

(3) Species, age, breed, gender, description, and official identification numbers of animals.

(c) Records shall be maintained at the licensed premises or in the licensed conveyance for a minimum of one year after the date of transfer. Such records shall be available upon request for inspection at the licensed premises by the department during reasonable times.

(d) The inspection report shall be signed by the owner or owner’s agent acknowledging that they have read the report, understand its content, and will correct any non-compliant issues raised in the report.

History

#12555, eff 6-21-18

Part Agr 1907 Complaints Against Licensed Livestock Dealers

N.H. Code Admin. R. Ann. Agr 1907.01 Forms of Complaints {#sec-agr-1907.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1907.01}

Complaints shall be handled under Agr 200.

History

#12555, eff 6-21-18 (formerly Agr 1903.01)

Part Agr 1908 Slaughter of Cervidae and Bison

N.H. Code Admin. R. Ann. Agr 1908.01 Slaughter of Cervidae and Bison {#sec-agr-1908.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 1908.01}

(a) All slaughter of Cervidae and bison shall be in compliance with the provisions of RSA 427:33 and RSA 427:34.

(b) For the purpose of this section, “slaughterer” as defined in RSA 427:33, I shall include propagators of Cervidae and bison permitted under the provisions of fish and game rules Fis 800.

(d) The slaughter of Cervidae shall be by methods that provide for the collection of tissue samples necessary for testing for the incidence of chronic wasting disease.

(e) The slaughter of Cervidae and bison shall not be attempted from a distance in excess of 50 yards.

(f) Animals held in a confined fashion such as in a so-called “squeeze chute”, where animals are held immediately prior to slaughter, shall not be subject to fence height restrictions.

APPENDIX

Rule

Specific State Statute which the Rule is Intended to Implement

Agr 1901-1902

RSA 427:38-46

Agr 1903

RSA 427:39-40, RSA 427:42

Agr 1904-1906

RSA 427:41

Agr 1907

RSA 427:42

Agr 1908

RSA 427:33-34

History

#12555, eff 6-21-18 (formerly Agr 1904.01)

Chapter Agr 2100 Importation of Bovines and Other Domestic Animals Into New Hampshire

Part Agr 2101 Purpose and Scope

N.H. Code Admin. R. Ann. Agr 2101.01 Purpose {#sec-agr-2101.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2101.01}

The purpose of this chapter is to ensure that domestic animals brought into this state are healthy and free from contagious and infectious diseases and any other reportable conditions listed in the National List of Reportable Animal Diseases as updated annually by USDA and published at https://www.aphis.usda.gov/livestock-poultry-disease/surveillance/reportable-diseases.

History

#4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2101.02 Scope {#sec-agr-2101.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2101.02}

This chapter shall apply to all domestic animals proposed to be or actually imported into the state of New Hampshire, but only to the extent of determining the health of the domestic animals.

History

#4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2102 Definitions

N.H. Code Admin. R. Ann. Agr 2102.01 Definitions {#sec-agr-2102.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2102.01}

(a) "Accredited veterinarian" means a licensed veterinarian approved by the Veterinary Services, United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA APHIS) administrator and the state animal health official to perform duties as outlined in 9 C.F.R. Part 161.

(b) “Buffalo” means all animals of the genus Bison and Bubalus bubalis.

(d) "Camelidae" means llamas, alpacas, guanacos, vicunas, and camels.

(e) "Cattle" means all bovine animals in genus Bos, including buffalo.

(f) "Certificate of veterinary inspection (CVI)" means a serially numbered certificate signed by an accredited veterinarian in the state of origin attesting to the health of an animal or animals, with appropriate test results listed, which are moving interstate and are free of any evidence of contagious or infectious diseases.

(g) "Cervidae" means elk (Cervus elephus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), and reindeer (Rangifer tarandus).

(h) “Chronic wasting disease (CWD)” means a transmissible spongiform encephalopathy of deer and elk characterized by vacuolar changes in the brain.

(i) “Commissioner” means the commissioner of agriculture, markets, and food.

(j) "Domestic animals," means “domestic animals” as defined in RSA 436:1, II namely “all animals, including poultry, that are kept or harbored as domesticated animals.”

(k) "Equine" means horses, asses, mules, zebras, ponies, or any other caballus species.

(l) "Equine infectious anemia (EIA) test” means any designated test for equine infectious anemia which has been approved for use by USDA APHIS and has been conducted at a laboratory approved by USDA APHIS to conduct such testing as outlined in 9 C.F.R. Part 75.

(m) “Immediate slaughter” means direct shipment to an inspected slaughter facility not more than 2 weeks from the date of transfer of ownership as defined in 9 C.F.R. Part 93.400 and 9 CFR 93.500.

(n) “Infection” means the state produced by the establishment of one or more pathogenic agents in or on the body of a suitable host. The term includes “infectious” and “infestation.”

(o) “Microchip” means electronic identification.

(p) “Official identification” means any state or federally required unique and permanent method of identification that specifically identifies individual animals in accordance with one of the systems outlined in Table 1 of USDA’s Animal Disease Traceability General Standard in compliance with all applicable state and federal animal identification laws and regulations. Forms of identification include but are not limited to ear tags, brands, bands, tattoos, microchips, and physical description of natural or acquired markings unique to an individual animal. Physical description is only an acceptable means of identification for dogs, cats, and equines.

(q) “Owner shipper statement” means a document that can be used in lieu of a CVI only when a prior written agreement between New Hampshire and the state-of-origin is in place and only for animals that are being moved interstate directly to an approved slaughter market or to a state or federally inspected slaughter plant.

(r) "Poultry" means meat and egg type chickens, turkeys, birds of prey, exhibition and game birds, and hatching eggs thereof, such as pheasant and quail.

(s) "Psittacine" means birds belonging to the parrot family most commonly being the macaw, conures, parrots, parakeets, cockatoos, and cockatiels.

(t) “Qualified Pseudorabies negative herd” mean such creatures as defined in USDA APHIS State-Federal-Industry Program Standards for Pseudorabies as defined in 9 C.F.R. Part 85.1.

(u) "Ratite" means emu, rhea, ostrich, , kiwi, and cassowary.

(v) "Rivinol test" means a plate agglutination for brucellosis to determine the field strain of the disease in the serum of cattle, goats, sheep, cervidae, camelidae, buffalo, or yak.

(w) "Scrapie" means a transmissible spongiform encephalopathy of sheep and goats characterized by vacuolar changes in the brain.

(x) “VS Form 1-27” means a USDA form for permitting the movement of restricted animals.

(y) “VS Form 9-3" means a USDA form for reporting the sale of hatching eggs, chicks, and poults.

(z) “Yak” means a large long haired ox of the Bos genus from Tibet and central Asia.

History

#4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2101.03)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2103 Requirements of Importation of Bovines and Other Domestic Animals

N.H. Code Admin. R. Ann. Agr 2103.01 All Domestic Animals and Poultry Entering the State of New Hampshire {#sec-agr-2103.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.01}

All domestic animals and poultry entering New Hampshire shall:

(a) Be accompanied by a CVI, unless specifically exempted elsewhere in Agr 2100;

(b) Be in compliance with federal regulations applicable to interstate animal movement; and

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.01)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.02 Who Inspects {#sec-agr-2103.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.02}

A CVI shall be completed by an accredited veterinarian in the state of origin who has inspected the animals for interstate movement and filled out the CVI.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.02)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.03 Permits for Entry {#sec-agr-2103.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.03}

(a) No poultry, swine, ratites, camelidae, cervidae, or birds customarily used as household pets shall be shipped into New Hampshire without a prior permit.

(b) Domestic animals or poultry that have been given a biological product capable of spreading disease and capable of causing an antibody titer for reportable diseases among susceptible animals or poultry shall not be imported without first obtaining a prior permit.

(c) Permits shall be requested by telephone or in writing for the importation of poultry, swine, ratites, camelidae, cervidae, or birds, customarily used as household pets, when all testing requirements have been complied with and a CVI has been otherwise completed by the inspecting accredited veterinarian. Subsequent approval of the CVI by the chief regulatory official of the state of origin shall be required. The permit numbers shall appear on the CVI, one copy of which shall accompany the animals to the state of destination.

(d) The permit or CVI pertaining to the species as described in Agr 2103.03(a) shall be:

(1) Attached to the waybill; or

(2) In the possession of the driver of the vehicle in which the domestic animal is imported.

(e) Permits for import of domestic animals into the state shall be obtained from the:

NH Department of Agriculture, Markets, and Food

Division of Animal Industry

One Granite Place, South, Suite 211

Concord, NH 03301

Telephone: 603-271-2404

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.03)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.04 Requirements for CVI {#sec-agr-2103.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.04}

(a) A CVI shall be:

(1) A certificate containing information required pursuant to (b) below and any specific requirements listed elsewhere in Agr 2100;

(2) Issued by an accredited veterinarian who is licensed in the state of origin; and

(3) Approved by the chief regulatory official of the state of origin.

(b) The CVI shall include the following:

(1) Complete names and addresses of the locations from which the animals will be moved and to which the animals will be sent;

(2) The permanent official identification of the individual animal;

(3) The health status of the animals, poultry, or other species involved; and

(4) The results of required testing and dates.

(d) An APHIS Form 7001 is not an acceptable form in lieu of a CVI.

(e) Electronic CVI’s (eCVI) shall be permissible as long as they meet the 2019 eCVI data standards established by the US Animal Health Association-American Association of Veterinary Laboratory Diagnosticians Joint Committee on Animal Health Surveillance and Information Systems.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; amd by #6060, EMERGENCY, eff 7-11-95, EXPIRES 11-8-95; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.04)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.05 Laboratory Tests and Other Tests {#sec-agr-2103.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.05}

(a) All laboratory tests of animals intended for interstate movement into New Hampshire shall be performed at diagnostic laboratories approved by Veterinary Services, USDA APHIS.

(b) All non-laboratory tests shall be applied by an accredited veterinarian in the state of origin.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.05)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.06 Vesicular Stomatitis {#sec-agr-2103.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.06}

Any susceptible livestock, including equine, bovine, porcine, caprine, ovine, and cervidae entering the state from a county where vesicular stomatitis has been diagnosed within the last 14 days or a county that contains a premises quarantined for vesicular stomatitis shall be accompanied by a CVI dated within 14 days of entry containing the following statement: “All animals identified on this certificate of veterinary inspection have been inspected and found to be free from clinical signs of vesicular stomatitis.”

History

#8350, EMERGENCY RULE, eff 5-10-05, EXPIRES: 11-6-05; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.06)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.07 Fair Season {#sec-agr-2103.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.07}

(a) Any livestock entering the state from Connecticut, Maine, Massachusetts, Rhode Island, or Vermont for the purpose of participating in one of the member fairs of the New Hampshire Association of Fairs and Expositions between July 1 and October 31 shall be accompanied by a CVI or a “New England Fair Season CVI” issued by an accredited veterinarian in the state of origin.

(b) The “New England Fair Season CVI” shall be valid until October 31, when the “New England Fair Season CVI”:

(1) Was issued on or after April 1 of that year;

(2) Lists individual official identification for all animals thereon;

(3) Includes all required test results for the animals thereon;

(4) States “New England Fair season” as the consignee; and

(5) Has an attachment listing the name and dates of each fair at which the animals have been in attendance.

(c) If an animal listed on a “New England Fair Season CVI” travels outside of New England before October 1 of the issue year, said animal shall require a new CVI to enter any subsequent New Hampshire fairs or exhibitions in the issue year.

History

#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.08 Trail Rides {#sec-agr-2103.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.08}

No CVI shall be required for a horse residing in an adjacent state to enter the state for the purpose of a trail ride when:

(a) The horse enters and leaves the state on the same day;

(b) The horse is free from runny nose, runny eyes, sneezing, coughing, or any clinical signs of illness such as a lay person would be expected to recognize on the day of the trail ride; and

History

#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2103.09 Suspension of Exceptions {#sec-agr-2103.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 2103.09}

In the event of documented animal health risks, Agr 2103.07 and Agr 2103.08 shall be suspended by written order of the commissioner.

History

#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2104 Cattle, Buffalo, and Yaks

N.H. Code Admin. R. Ann. Agr 2104.01 Brucellosis {#sec-agr-2104.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2104.01}

(a) Cattle, buffalo, and yaks from brucellosis class free states or Canadian provinces may enter

New Hampshire without a blood test for brucellosis provided those cattle have resided in that free area for the previous 365 days or their entire life if younger than 365 days of age and that fact is documented on the CVI. CVIs shall be required.

(b) There shall be no brucellosis test required for cattle, buffalo, and yaks originating directly from a USDA Certified brucellosis free herd.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2103.01)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2104.02 Tuberculosis {#sec-agr-2104.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2104.02}

(a) All cattle from tuberculosis accredited free states or zones or Canadian provinces may enter New Hampshire without being tested for tuberculosis. CVIs shall be required.

(b) The following shall apply to cattle from states or Canadian provinces without tuberculosis accredited free status:

(1) A person may import all cattle for dairy or breeding purposes coming directly from a modified accredited area or from a tuberculosis free area if the cattle have had a negative tuberculin test applied not more than 60 days prior to shipment;

(2) A person may import calves under 6 months of age from negative herds under supervision testing within one year without a test if properly identified with either a metal eartag, legible tattoo or microchip, as progeny of a tuberculin tested dam; and

(3) No person shall import any other cattle except under USDA Permit for Movement of Animals VS Form 1-27 issued by the state veterinarian, state of origin, or his/her representative and subject to slaughter or quarantine upon arrival.

(c) For purposes of (b)(1) above, “modified accredited” means a state or zone that is tuberculosis free in cattle, and will be elevated to accredited free state or zone in 5 years.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2103.02)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2104.03 Identification of Cattle {#sec-agr-2104.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2104.03}

All cattle entering New Hampshire shall be individually identified with permanent official identification.

History

#6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848 eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2103.03)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2105 Slaughter Cattle

N.H. Code Admin. R. Ann. Agr 2105.01 Slaughter Cattle Brought Into State of New Hampshire {#sec-agr-2105.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2105.01}

(a) Slaughter cattle may be brought into the state of New Hampshire without a test or CVI if consigned directly to a federally inspected slaughtering establishment.

(b) A VS 1-27 form shall be completed for and accompany animals transported from a herd or location under state or federal quarantine.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2104.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2106 Sheep

N.H. Code Admin. R. Ann. Agr 2106.01 CVI Required {#sec-agr-2106.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2106.01}

(a) All sheep and lambs entering New Hampshire for purposes other than immediate slaughter shall be accompanied by a CVI.

(b) The CVI shall certify that:

(1) All sheep and lambs are individually identified by permanent official identification;

(2) The flock of origin was carefully examined not more than 30 days prior to entry, and that such examination revealed no infectious and contagious diseases; and

(3) The sheep and/or lambs did not originate from a scrapie-infected flock and are not progeny of a sire or dam that was infected with scrapie.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by 8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2105.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2107 Slaughter Sheep

N.H. Code Admin. R. Ann. Agr 2107.01 Requirements for Slaughter Sheep {#sec-agr-2107.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2107.01}

The requirements for slaughter sheep shall be the same as for slaughter cattle, as set forth in Agr 2105.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07; EXPIRED: 3-21-15 (from Agr 2106.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2108 Goats

N.H. Code Admin. R. Ann. Agr 2108.01 Brucellosis and Tuberculosis {#sec-agr-2108.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2108.01}

(a) All goats from states or Canadian provinces brucellosis class free and tuberculosis accredited free may enter New Hampshire without testing for brucellosis and tuberculosis, with the following:

(1) A CVI; and

(2) Individual, permanent official identification.

(b) All goats from states or Canadian provinces not brucellosis class free and tuberculosis accredited free shall:

(1) Have been tested negative for tuberculosis within 60 days of entry;

(2) Have been tested negative for brucellosis within 30 days of entry; and

(3) Be individually identified with permanent official identification.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2107.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2108.02 Scrapie {#sec-agr-2108.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2108.02}

No goats known to be infected with scrapie, and no progeny of goats known to be infected with scrapie, shall be transported or moved into New Hampshire.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95 ; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2107.02)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2108.03 Goats Under 6 Months of Age {#sec-agr-2108.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2108.03}

(a) All goats under 6 months of age from states or Canadian provinces class free and tuberculosis accredited free shall be identified with permanent official identification, and may enter New Hampshire with a CVI.

(b) All goats under 6 months of age from states or Canadian provinces not brucellosis class free and tuberculosis Accredited free shall be from progeny of a brucellosis and tuberculosis tested dam, identified with permanent official identification, and may enter New Hampshire with a CVI.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2107.03)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2109 Slaughter Goats

N.H. Code Admin. R. Ann. Agr 2109.01 Requirements for Slaughter Goats {#sec-agr-2109.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2109.01}

The requirements for slaughter goats shall be the same as for slaughter cattle, as set forth in Agr 2105.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2108.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2110 Swine

N.H. Code Admin. R. Ann. Agr 2110.01 Permit and CVI Required {#sec-agr-2110.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2110.01}

(a) A CVI shall be required for the importation of swine into the state of New Hampshire.

(b) The permit shall be obtained prior to shipment and the number shall appear on the CVI.

(1) All swine are individually identified by permanent official identification;

(2) All swine on the premises have been inspected;

(3) The swine have never been fed raw garbage or been exposed to swine that have been fed raw garbage; and

(4) The swine are free from clinically diagnosed contagious and infectious diseases, including but not limited to brucellosis and pseudorabies.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2110.02 Brucellosis {#sec-agr-2110.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2110.02}

All swine, unless consigned to slaughter, shall:

(a) Originate from a validated brucellosis-free state;

(b) Originate from a validated brucellosis-free herd; or

History

#4204, eff 1-14-87; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.02)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2110.03 Pseudorabies {#sec-agr-2110.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2110.03}

All swine, unless consigned to immediate slaughter, shall:

(a) Originate from a pseudorabies qualified negative herd;

(b) Originate and be shipped directly from a pseudorabies class IV or free state; or

History

#4204, eff 1-14-87; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.03)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2110.04 Feeder Swine {#sec-agr-2110.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 2110.04}

(a) Feeder swine less than 120 days of age imported for the exclusive purpose of feeding for slaughter shall be individually identified by permanent official identification.

(b) Feeder swine shall also:

(1) Originate from a pseudorabies class IV or free state;

(2) Originate from a pseudorabies qualified negative herd;

(3) Originate from a pseudorabies monitored herd; or

(4) Be individually tested negative for pseudorabies within 30 days prior to entry.

History

#6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.04)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2111 Slaughter Swine

N.H. Code Admin. R. Ann. Agr 2111.01 Requirements for Slaughter Swine {#sec-agr-2111.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2111.01}

The requirements for slaughter swine shall be the same as for slaughter cattle, as set forth in Agr 2105.

History

#4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2110.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2112 Dogs, Cats, and Ferrets

N.H. Code Admin. R. Ann. Agr 2112.01 No Permit Required - CVI Required {#sec-agr-2112.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2112.01}

(a) All dogs, cats, and ferrets brought or shipped into the state of New Hampshire for purposes of transferring ownership shall be:

(1) Inoculated against common canine or feline viral diseases within one year, but not less than 7 days, before entry; and

(2) Accompanied by a CVI issued by an accredited veterinarian.

(b) The CVI shall certify that:

(1) Dogs and cats are free from visual evidence of contagious and infectious diseases; or

(2) Ferrets are immunized for canine distemper.

(c) No person shall ship into the state of New Hampshire or offer for transfer of ownership in the state of New Hampshire any cat or dog less than 8 weeks of age.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2111.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2112.02 Rabies {#sec-agr-2112.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2112.02}

(a) Dogs and cats shall not enter the state of New Hampshire from an area under quarantine for rabies.

(b) Every dog and cat 3 months of age and older at the time it enters the state shall be vaccinated against rabies.

(c) Every dog and cat under 3 months of age at the time it enters the state shall be vaccinated within 30 days after they have reached 3 months of age.

(d) Dogs and cats shall be vaccinated with rabies vaccine licensed by the United States Department of Agriculture.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88; ss by #5704, eff 9-21-93; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2111.02)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2113 Equine

N.H. Code Admin. R. Ann. Agr 2113.01 CVI Required and Negative EIA Test {#sec-agr-2113.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2113.01}

(a) A CVI shall be signed by an accredited veterinarian attesting to information listed and that the animal or animals listed are free of contagious and infectious diseases.

(b) The CVI shall include the following:

(1) That such animal or animals are free from all contagious and infectious diseases;

(2) That each animal or animals do not originate from a quarantined area, or an area where a contagious and infectious disease has been officially diagnosed; and

(3) The date of the last valid negative EIA test listed with accession number and laboratory conducting the test.

(d) The CVI shall be valid for 30 days except as stated in Agr 2103.06.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99 ; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2112.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

N.H. Code Admin. R. Ann. Agr 2113.02 Equine Infectious Anemia {#sec-agr-2113.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2113.02}

(a) Each equine entering the state of New Hampshire shall be accompanied by a valid negative EIA test certificate with the sample collected and certificate signed by an accredited veterinarian.

(b) The EIA test shall be performed in a USDA APHIS approved laboratory within 12 months prior to entry pursuant to 9 C.F.R. Part 75.4. A nursing foal in company of a dam shall not be required to be tested prior to entry, but the foal’s presence shall be recorded on the dam's CVI.

(c) If the EIA test certificate does not properly or accurately describe said equine, the New Hampshire state veterinarian shall cause the equine to be:

(1) Held in quarantine and retested at the expense of the owner; or

(2) Returned to the state of origin.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2112.02)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2114 Poultry

N.H. Code Admin. R. Ann. Agr 2114.01 VS Form 9-3 or Permit and CVI Required {#sec-agr-2114.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2114.01}

(a) All hatching eggs and poultry under 20 weeks of age shall be accompanied by an National Poultry Improvement Plan (NPIP) USDA/VS “Form 9-3 Report of Sales of Hatching Eggs, Chicks and Poults” approved by the state regulatory official of the state of origin certifying that the poultry or hatching eggs are progeny of Salmonella pullorum and avian influenza clean flocks.

(b) All poultry over 20 weeks of age shall be accompanied by a permit issued by the New Hampshire department of agriculture, markets and food, division of animal industry upon receipt of a proper CVI indicating that the poultry so identified shall have been tested negative for Salmonella pullorum and avian influenza within 10 days of shipment.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2113.01)
#10975, eff 11-19-15
#14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Part Agr 2115 Birds Customarily Used as Household Pets

N.H. Code Admin. R. Ann. Agr 2115.01 Permit and CVI Required {#sec-agr-2115.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2115.01}

(a) No bird customarily used as a household pet shall be imported into the state of New Hampshire unless accompanied by a permit and CVI.

(b) The permit shall be obtained prior to shipment and the permit number shall appear on the CVI.

(1) That the birds and flock of origin have been inspected and are free from all visual or physical exam evidence of contagious and infectious diseases and did not originate from a quarantined area for any contagious and infectious disease of the species;

(2) Permanent official identification of each animal has been made; and

(3) The number and species of birds in each lot or shipment.

(d) One copy of the CVI shall accompany shipment.

(e) CVIs shall be valid for 30 days.

History

#2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94
#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2114.01)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2116 Cervidae

N.H. Code Admin. R. Ann. Agr 2116.01 Permit and CVI Required {#sec-agr-2116.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2116.01}

(a) Importation of cervidae shall only be allowed when both New Hampshire and the state of origin are in compliance with 9 C.F.R. Parts 55 and 81 and recognized by USDA as such, and when the importation is not permitted pursuant to Fis 803.04.

(b) A CVI shall be required for the importation of cervidae as defined in Agr 2102.03(g) into the state of New Hampshire.

(d) The CVI shall certify that:

(1) Permanent official identification of each animal has been provided;

(2) The accredited veterinarian has inspected all cervidae on the premises;

(3) The cervidae have never been exposed to animals confirmed to have CWD or animals exposed to confirmed CWD animals; and

(4) The cervidae are free from clinical signs of contagious and infectious diseases, including but not limited to CWD.

History

#4852, eff 6-28-90; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05 (formerly Agr 2115.05); ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2115.01)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2116.02 Chronic Wasting Disease {#sec-agr-2116.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2116.02}

(a) Cervids shall only be imported into herds of destination which are participating in good standing in the USDA CWD program, 9 C.F.R. Parts 55 and 81.

(b) Herds of destination in New Hampshire shall be recognized by the regulatory body of the relevant CWD monitoring program to have achieved recognition or certification at a level consistent with at least 5 years of participation.

(c) Herds of origin shall have been certified by the regulatory body of the USDA or comparable state CWD monitoring program as having achieved a level consistent with at least 5 years of participation.

(d) The program status of the herd of destination shall be downgraded to the equivalent program status of the herd of origin if the program status of the herd of origin is less than the herd of destination.

(e) Once imported, an individual cervid shall never be transferred to another herd within the state of New Hampshire.

(f) Cervids may be imported directly to slaughter without leaving the conveyance if the herd of origin is in compliance with (c), as written above.

History

#8848, eff 3-21-07, EXPIRED: 3-21-15
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2117 Camelidae

N.H. Code Admin. R. Ann. Agr 2117.01 CVI Required {#sec-agr-2117.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2117.01}

(a) To bring camelidae into the state of New Hampshire an official CVI shall be required and shall be issued prior to shipment by an accredited veterinarian of the state of origin.

(b) The CVI shall certify that:

(1) Camelidae 6 months of age or older have been brucellosis tested negative within 30 days and tuberculosis tested negative within 60 days of shipment;

(2) Permanent official identification of each animal has been made by metal ear tag, legible tattoo, or microchip if a microchip reader is available at the point of destination; and

(3) Camelidae under 6 months of age have permanent official identification with either a metal eartag, legible tattoo, or microchip, as progeny of a brucellosis and tuberculosis tested dam.

History

#5704, eff 9-21-93; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2116.01)
#10975, eff 11-19-15 (from Agr 2119.01); ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2118 Ratite

N.H. Code Admin. R. Ann. Agr 2118.01 Permit and CVI Required {#sec-agr-2118.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2118.01}

(a) To bring ratites into the state of New Hampshire an official CVI shall be required and shall be issued prior to shipment by an accredited veterinarian of the state of origin.

(b) The permit shall be obtained prior to shipment and the permit number shall appear on the CVI.

(1) Ratites have been tested negative to avian influenza within 10 days of shipment; and

(2) They have been permanently officially identified.

History

#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7335, eff 8-1-00; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2117.01)
#10975, eff 11-19-15 (from Agr 2120.01); ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2119 Quarantine

N.H. Code Admin. R. Ann. Agr 2119.01 Authority {#sec-agr-2119.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2119.01}

Pursuant to RSA 436:34 through RSA 436:39, the commissioner has the authority to impose quarantine upon suspicion of any disease of domestic animals which could induce a risk to public health, trade, or the state’s economy.

History

#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7335, eff 8-1-00; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2118.01)
#10975, eff 11-19-15 (from Agr 2121.01); ss by #14564, eff 4-23-26, EXPIRES: 4-23-36
#14564, eff 4-23-26, EXPIRES: 4-23-36

N.H. Code Admin. R. Ann. Agr 2119.02 Process {#sec-agr-2119.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2119.02}

(a) Upon suspicion of a condition which would meet the conditions in Agr 2119.01, the animal shall be subject to quarantine issued by the commissioner.

(b) Quarantines shall be issued either verbally or in writing by the commissioner or designee. If a verbal quarantine is issued, it shall be followed by written confirmation of quarantine.

(c) Pursuant to RSA 436:35, quarantined animals shall be kept under quarantine for such periods of time as the commissioner deems necessary to prevent the spread of the suspected disease to other animals off the quarantined premises. The commissioner shall determine the length of quarantine depending on the disease and based upon the recommendations of the United States Animal Health Association and the United States Department of Agriculture.

History

#10975, eff 11-19-15 (from Agr 2121.02)
#14564, eff 4-23-26, EXPIRES: 4-23-36

Part Agr 2120 Reportable Diseases

N.H. Code Admin. R. Ann. Agr 2120.01 Reportable Diseases {#sec-agr-2120.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2120.01}

Pursuant to RSA 436:31, and subject to available funds, the commissioner shall investigate the existence of contagious and infectious diseases among cattle, horses, asses, mules, sheep, swine, and all other domestic animals, including the conditions listed on the U.S. National List of Reportable Animal Diseases as updated annually by USDA and published at https://www.aphis.usda.gov/livestock-poultry-disease/surveillance/reportable-diseases.

Agr. 2120.02 Action on Reportable Diseases. The National List of Reportable Diseases is divided into notifiable and monitored diseases which the commissioner shall handle as follows:

(a) Conditions listed as notifiable in the National List of Reportable Animal Diseases, as updated annually by USDA, consist of emergency incidents, emerging disease incidents, and regulated disease incidents. As such, the commissioner shall impose quarantine in response to any report; and

(b) Conditions listed as monitored in the National List of Reportable Animal Diseases, as updated annually by USDA, are considered endemic in the United States. As such, the commissioner shall not exercise its regulatory authority and impose quarantine. The commissioner does retain the right to impose quarantine upon discussion with the attending veterinarian and risk assessment as to potential impacts on public health and trade.

APPENDIX

RULE NUMBER

STATUTE

Agr 2101 – Agr 2102

RSA 436:24

Agr 2103.01

RSA 436:6; RSA 436:24

Agr 2103.02

RSA 436:28

Agr 2103.03

RSA 436:10: RSA 436:24

Agr 2103.04

RSA 436:28

Agr 2103.05 – Agr 2103.09

RSA 436:24

Agr 2104.01

RSA 436:10; RSA 436:23-24

Agr 2104.02

RSA 436:10; RSA 436:14-16; RSA 436:24

Agr 2104.03 – 2119.02

RSA 436:24

Agr 2120

RSA 436:6-a, RSA 436:31

History

#6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2119.01)
#10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36
#14564, eff 4-23-26, EXPIRES: 4-23-36

Chapter Agr 2200 Seeds

Part Agr 2201 Methods of Sampling, Inspecting, Analyzing, Testing and Examing Seed

N.H. Code Admin. R. Ann. Agr 2201.01 Seed Testing {#sec-agr-2201.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2201.01}

The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing, and examining agricultural, vegetable, flower, and tree and shrub seeds and the tolerances to be followed in the administration of RSA 433 shall be those established in the “AOSA Rules for Testing Seeds”, 2017 edition, published by the Association of Official Seed Analysts, and available as specified in Appendix II.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

Part Agr 2202 Prohibited and Restricted Noxious Weed Seeds

N.H. Code Admin. R. Ann. Agr 2202.01 Prohibited Noxious Weed Seeds {#sec-agr-2202.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2202.01}

The following shall be prohibited noxious weed seeds:

(a) Bedstraw (Galium spp.);

(b) Bindweed, Field (Convolvulus arvensis);

(d) Thistle, Canada (Cirsium arvense); and

(e) Tussock, Serrated (Nasella trichotoma).

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

N.H. Code Admin. R. Ann. Agr 2202.02 Restricted Noxious Weed Seeds {#sec-agr-2202.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2202.02}

(a) The following shall be restricted noxious weed seeds:

(1) Corncockle (Agrostemma githago);

(2) Dodder (Cuscuta spp.);

(3) Horsenettle (Solanum carolinense);

(4) Mustard, Wild (Brassica spp.);

(5) Nutsedge or Nutgrass (Cyperus esculentus);

(6) Radish, Wild (Raphanus raphanistrum);

(7) Rocket, Yellow (Barbarea vulgaris);

(8) Loosestrife, Purple (Lythrum salicaria);

(9) Onion, Wild (Allium canadense);

(10) Garlic, Wild (Allium vineale);

(11) Plantain, Ribwort (Plantago lanceolate);

(12) Sowthistle, perennial (Sonchus arvensis); and

(13) Bluegrass, annual (Poa annua).

(b) If restricted noxious weeds or undesirable grass seeds are present in lawn and turf grasses or mixtures thereof then paragraphs (c)-(e) shall be complied with.

(c) If present in bentgrass, Kentucky bluegrass, chewings fescue, hard fescue, red fescue, varieties of named turf type tall fescue, varieties of perennial ryegrass, or mixtures containing these grasses, then the seeds of the following plants shall be restricted noxious weed seeds and shall be listed on the tag or label under the heading “Undesirable Grass Seeds” or “Restricted Noxious Weed Seeds” by name and number per pound:

(1) Bermudagrass. (Cynodon spp.);

(2) Annual bluegrass. (Poa annua);

(3) Rough bluegrass. (Poa trivialis);

(4) Bentgrass (creeping, colonial, velvet), (Agrostis spp.);

(5) Meadow fescue (Festuca pratensis);

(6) Tall fescue (Festuca arundinaceae);

(7) Orchardgrass (Dactylis glomerata);

(8) Timothy (Phleum pratense);

(9) Velvetgrass (Holcus lanatus); and

(10) Redtop (Agrostis gigantea).

(d) Restricted noxious weed seeds set forth in paragraph (c) shall not exceed 0.50 percent by weight.

(e) The restricted noxious weed seeds set forth in paragraph (c) shall not apply:

(1) To grasses or mixtures clearly labeled for pasture, forage, hay, conservation, or spoil bank reclamation usages; and

(2) When the seeds are present in excess of 5.0 percent of the whole and the label contains the information required by RSA 433:2, III relating to labeling of lawn and turf grasses and their mixtures.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

N.H. Code Admin. R. Ann. Agr 2202.03 Sale and Labeling of Noxious Weed Seeds {#sec-agr-2202.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2202.03}

(a) The sale of agricultural, vegetable, flower, or tree and shrub seed containing prohibited noxious-weed seeds shall be prohibited.

(b) The sale of agricultural, vegetable, flower, or tree and shrub seed containing in excess of 2.5 percent of weight of all weed seed shall be prohibited.

(c) The label of agricultural seed shall show the name and rate of occurrence per pound of each kind of restricted noxious-weed seed.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

Part Agr 2203 Vegetable Seeds

N.H. Code Admin. R. Ann. Agr 2203.01 Germination Standards {#sec-agr-2203.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2203.01}

(a) The germination standards for vegetable seeds shall be as set forth in Table 2200-1 below:

Table 2200-1 Germination Standards for Vegetable Seeds

Name Germination Percent

Anise 50

Artichoke 60

Asparagus 70

Asparagus bean 75

Basil, sweet 70

Bean, garden 70

Bean, lima 70

Bean, runner 75

Beet 65

Broadbean 75

Broccoli 75

Brussel sprouts 70

Burdock, great 60

Cabbage 75

Cabbage, tronchuda 70

Cantaloupe (See Muskmelon)

Caraway 55

Cardoon 60

Carrot 55

Cauliflower 75

Celeraic 55

Celery 55

Chard, swiss 65

Chervil, salad 65

Chicory 65

Chinese Cabbage 75

Chives 50

Citron 65

Collards 80

Coriander 70

Corn, pop 75

Corn, sweet 75

Cornsalad 70

Cowpea 75

Cress, garden 75

Cress, upland 60

Cress, water 40

Cucumber 80

Dandelion 60

Eggplant 60

Endive 70

Fennel, florence 60

Fennel, sweet 50

Kale 75

Kale, chinese 75

Kale, siberian 75

Kohlrabi 75

Leek 60

Lettuce 80

Muskmelon 75

Marjoram, sweet 50

Mustard 75

Mustard, spinach 75

Okra 50

Onion 70

Onion, welsh 70

Oregano 60

Pak-Choi 75

Parsley 60

Parsnip 60

Pea 80

Peanut 60

Pepper 55

Pumpkin 75

Radish 75

Rhubarb 60

Roquette 60

Rosemary 30

Rutabaga 75

Sage 60

Salsify 75

Savory, summer 55

Sorrel 65

Soybean 75

Spinach 60

Spinach, new zealand 40

Squash 75

Thyme 50

Tomato 75

Tomato, husk 50

Turnip 80

Watermelon 70

(b) The germination standards for all other vegetable and herb seed for which a standard has not been established shall be 50 percent germination.

History

#5083, eff 2-26-91; EXPIRED 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

Part Agr 2204 Flower Seeds

N.H. Code Admin. R. Ann. Agr 2204.01 Labeling Kind and Variety or Type and Performance Characteristic of Flower Seeds {#sec-agr-2204.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2204.01}

(a) Labeling for seeds of plants grown primarily for their blooms shall be as follows:

(1) If the seeds are of a single name variety, the kind and variety shall be stated, for example, "Marigold, Butterball";

(2) If the seeds are of a single type and color for which there is no specific variety name, the type of plant, and the type and color of bloom shall be indicated, for example, "Scabiosa,Tall, Large Flowered, Double, Pink";

(3) If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant, and the type or types of bloom shall be indicated. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is "Marigold, Dwarf Double French, Mixed Colors";

(4) If the seeds consist of an assortment or mixture of kinds or kinds and varieties, it shall be clearly indicated that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example, "Cut Flower Mixture", or "Rock Garden Mixture";

(5) Such statements as "General Purpose Mixture", "Wonder Mixture", or any other statement which fails to indicate the specific use of the seed shall meet the requirements of this section unless the specific use of the mixture is also stated;

(6) Containers with over 3 grams of seed shall list the kind or kind and variety names of each component present in excess of 5.0 percent of the whole in the order of their predominance giving the percentage by weight of each;

(7) Components of 5.0 percent or less shall be listed but need not be in order of predominance. A single percentage by weight shall be given for these components;

(8) If no component of a mixture exceeds 5 percent of the whole, the statement "No component in excess of 5 percent" may be used; and

(9) Containers with 3 grams of seed or less shall list the components without giving percentage by weight and need not be in order of predominance.

(b) For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety shall be stated, or the kind shall be stated together with a descriptive statement concerning the ornamental part of the plant, for example, "Ornamental Gourds, Small Fruited, Mixed".

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18 (formerly Agr 2204.02)

N.H. Code Admin. R. Ann. Agr 2204.02 Flower Seeds Subject to Germination Labeling Requirements and Germination Standards {#sec-agr-2204.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2204.02}

(a) The kinds of flower seeds listed in Table 2200-2 below shall be subject to the standard testing procedures required by Agr 2201.01 and shall be labeled in accordance with the germination labeling provisions of RSA 433:2;

Table 2200-2 Kinds of Flower Seeds Subject to Germination Labeling

Common Name/Latin Name Germination Percent

Achillea, The Pearl - Achillea ptarmica

African Daisy - Dimorphotheca aurantiaca

African Violet - Saintpaulia ssp.

Ageratum

Ageratum mexicanum

Agrostemma, rose campion - Agrostemma coronaria

Alyssum

Alyssum compactum, A. maritimum,

A. procumbens, A. saxatile.

Amaranthus

Amaranthus spp

Anagalis, pimpernel - Anagalis arvensis, Anagalis coerulia,

Anagalis grandiflora

Anemone

Anemone coronaria, A. pulsatilla

Angel's Trumpet - Datura arborea

Arabis

Arabis alpina

Arctotis, African lilac daisy - Arctotis grandis

Armeria

Armeria formosa

Asparagus, fern - Asparagus plumosus

Asparagus, sprenger - Asparagus sprengeri

Aster, China - Callistephus chinensis; except Pompon,

Powderpuff, and Princess types

Aster, China - Callistephus chinensis: Pompon,

Powderpuff, and Princess types

Aubretia

Aubretia deltoides

Baby Smilax - Aparagus asparagoides

Balsam

Impatiens balsamina

Begonia, Begonia fibrous rooted

Begonia, Begonia tuberous rooted

Bells of Ireland - Molucella laevis

Brachycome, swan river daisy - Brachycome iberidifolia

Browallia

Browallia elata and B. speciosa

Bupthalum, sunwheel - Buphthalum salicifolium

Calceolaria

Calceolaria spp.

Calendula

Calendula officinalis

California Poppy - Eschscholtzia californica

Calliopsis

Coreopsis bicolor, C. drummondi, C. elegans

Campanula:

Canterbury Bells - Campanula medium

Cup and Saucer Bellflower - Campanula medium

calycanthema

Carpathian Bellflower - Campanula carpatica

Peach Bellflower - Campanula persicifolia

Candytuft, Annual - Iberis amara, I. umbellata

Candytuft, Perennial - Iberis gibraltarica, I. sempervirens

*Castor Bean - Ricinus communis

Cathedral Bells - Cobaea scandens

Celosia

Celosia argentea

Centaurea:

Basket Flower - Centaurea americana,

Cornflower - C. cyanus

Dusty Miller - C. candidissima, Royal Centaurea - C. imperialis

Sweet Sultan - C. moschata, Velvet Centaurea - C. gymnocarpa

Cerastium, snow-in-summer - Cerastium biebersteini and

C. tomentosum

Chinese Forget-me-not - Cynoglossum amabile

Chrysanthemum, Annual - Chrysanthemum carinatum,

C. coronarium, C. segetum

Cineraria

Senecio cruentus

Clarkia

Clarkia elegans

Cleome

Cleome gigantea

Coleus

Coleus blumei

Columbine

Aquilegia spp.

Coral Bells - Heuchera sanguinea

Coreopsis, Perennial - Coreopsis lanceolata

Corn, ornamental - Zea mays

Cosmos:

Sensation, Mammoth and Crested types - Cosmos bipinnatus

Klondyke type - C. sulphureus

Crossandra - Crossandra infundibuliformis

Dahlia

Dahlia spp.

Daylily

Hemerocallis spp.

Delphinium, Perennial:

Belladonna and Bellamosum types; Cardinal Larkspur -

Delphinium cardinale

Chinensis types; Pacific Giant, Gold Medal and other

hybrids of D. elatum

Dianthus:

Carnation

Dianthus caryophyllus

China Pinks - Dianthus chinensis, heddewigi, heddensis

Grass Pinks - Dianthus plumarius

Maiden Pinks - Dianthus deltoides

Sweet William - Dianthus barbatus

Sweet Wivelsfield - Dianthus allwoodi

Didiscus, blue lace flower - Didiscus coerulea

Doronicum, leopard's bane - Doronicum caucasicum

Dracaena

Dracaena indivisa

Dragon Tree - Dracaena draco

English Daisy - Bellis perennis

Flowering Maple - Abutilon spp.

Flax

Golden flax, Linum flavum; Flowering flax

L. grandiflorum; Perennial flax, L. perenne

Foxglove

Digitalis spp.

Gaillardia, Annual - Gaillardia pulchella; G. picta;

Perennial

G. grandiflora

Gerbera, transvaal daisy - Gerbera jamesoni

Geum

Geum spp.

Gilia

Gilia spp.

Gloriosa daisy, rudbeckia - Echinacea purpurea and Rudbeckia hirta

Gloxinia, Sinningia speciosa

Godetia

Godetia amoena, G. grandiflora

Gourds:

Yellow Flowered - Cucurbita pepo

White Flowered - Lagenaria sisceraria

Dishcloth

Luffa cylindrica

Gypsophila:

Annual Baby's Breath - Gypsophila elegans

Perennial Baby's Breath - G. paniculata, G. pacifica, G. repens

Helenium

Helenium autumnale

Helichrysum

Helichrysum monstrosum

Heliopsis

Heliopsis scabra

Heliotrope

Heliotropium spp.

Helipterum, Acroclinium - Helipterum roseum

Hesperis, sweet rocket - Hesperis matronalis

*Hollyhock

Althea rosea

Hunnemania, mexican tulip poppy - Hunnemania fumariaefolia

*Hyacinth bean - Dolichos lablab

Impatiens

Impatiens holstii, I. sultani

*Ipomea

Cypress Vine - Ipomea quamoclit; Moonflower -

I. noctiflora; Morning Glories, Cardinal Climber, Hearts

and Honey Vine - Ipomea spp.

Jerusulem cross, maltese cross - Lychnis chalcedonica

Job's Tears - Coix lacrymajobi

Kochia

Kochia childsi

Larkspur, Annual - Delphinium ajacis

Lantana

Lantana camara, L. hybrida

Lilium, regal lily - Lilium regale

Linaria

Linaria spp.

Lobelia, Annual - Lobelia erinus

Lunaria, Annual - Lunaria annua

*Lupine

Lupinus spp.

Marigold

Tagetes spp.

Marvel of Peru - Mirabilis jalapa

Matricaria, feverfew - Matricaria spp.

Mignonette

Reseda odorata

Myosotis

Myosotis alpestris, M. oblongata, M. palustris

Nasturtium

Tropaeolum spp.

Nemesia

Nemesia spp.

Nemophila

Nemophila insignis

Nemophila, spotted - Nemophila maculata

Nicotiana

Nicotiana affinis, N. sanderae, N. sylvestris

Nierembergia

Nierembergia spp.

Nigella

Nigella damascena

Pansy

Viola tricolor

Penstemon

Penstemon barbatus, P. grandiflorus,

P. laevigatus, P. pubescens

Petunia

Petunia spp.

Phacelia

Phacelia campanularia, P. minor, P. tanacetifolia

Phlox, Annual - Phlox drummondi all types and varieties

Physalis

Physalis spp.

Platycodon, balloon flower - Platycodon grandiflorum

Plumbago, cape - Plumbago capensis

Ponytail

Beaucarnea recurvata

Poppy:

Shirley Poppy - Papaver rhoesa

Iceland Poppy - P. nudicaule

Oriental Poppy - P. orientale

Tulip Poppy - P. glaucum

Portulace

Portulaca grandiflora

Primula, primrose - Primula spp.

Pyrethrum, painted daisy - Pyrethrum coccineum

Salpiglossis

Salpiglossis gloxinaeflora, S. sinuata

Salvia

Scarlet Sage - Salvia splendens; Mealycup Sage,

blue bedder - Salvia farinacea

Saponaria

Saponaria ocymoides, S. vaccaria

Scabiosa, Annual - Scabiosa atropurpurea

Scabiosa, Perennial - Scabiosa caucasica

Schizanthus

Schizanthus spp.

*Sensitive plant, mimosa - Mimosa pudica

Shasta Daisy - Chrysanthemum maximum,

C. leucanthemum

Silk Oak - Grevillea robusta

Snapdragon

Antirrhinum spp.

Solanum

Solanum spp.

Statice

Statice sinuata, S. suworonii, flower heads

Stocks:

Common

Mathiola incana

Evening Scented - Mathiola bicornis

Sunflower

Helianthus spp.

Sunrose

Helianthemum spp.

*Sweet Pea, Annual and Perennial other than dwarf bush -

Lathyrus odoratus, L. latifolius

*Sweet Pea, dwarf bush - Lathyrus odoratus

Tahoka daisy - Machaeanthera tanacetifolia

Thunbergia

Thunbergia alata

Torch Flower - Tithonia speciosa

Torenia, wishbone flower - Torenia fournieri

Tritoma Kniphofia spp.

Verbena, Annual - Verbena hybrida

Vinca

Vinca rosea

Viola

Viola cornuta

Virginian stocks - Malcolmia maritima

Wallflower

Cheiranthus allioni

Yucca, Adam's needle - Yucca filamentosa

Zinnia, except Linearis and Creeping - Zinnia angustifolia,

Z. elegans, Z. grandiflora, Z. gracillima, Z. haegeana,

Z. multiflora, Z. pumila

Zinnia, Linearis and Creeping - Zinnia linearis,

Sanvitalia procumbens

All other kinds

(b) For the kinds of flower seeds listed in Table 2200-2 that are marked with an asterisk, the percentage shall be the total of percentage germination and percentage hard seed. For other kinds, it shall be the percentage germination.

(c) A mixture of kinds of flower seeds shall be considered to be below the germination standard if the germination of any kind or combination of kinds constituting 25 percent or more of the mixture by number is below standard for the kind or kinds involved.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18 (formerly Agr 2204.01)

Part Agr 2205 Tree and Shrub Seed Species

N.H. Code Admin. R. Ann. Agr 2205.01 Tree and Shrub Species Subject to Germination Labeling Requirements {#sec-agr-2205.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2205.01}

(a) The tree and shrub seed species listed in Table 2200-3 below shall be subject to the germination labeling provisions of RSA 433:3;

Table 2200-3 Tree and Shrub Seed Species Subject to Germination Labeling

Latin Name/Common Name

Abies amabilis (Dougl.) Forbes - Pacific Silver Fir

Abies balsamea (L.) Mill. - Balsam Fir

Abies concolor (Gord. Glend.) Lindl. - White Fir

Abies fraseri (Pursh.) Poir - Fraser Fir

Abies grandis (Dougl.) Lindl. - Grand Fir

Abies homolepis Sieb Zucc. - Nikko Fir

Abies lasiocarpa (Hook) Nutt. - Subalpine Fir

Abies magnifica A. Murr. - California Red Fir

Abies magnifica variety. shastensis Lemm. - Shasta Red Fire

Abies procera Rehd. - Nobel Fir

Abies veitchii (Lindl.) - Veitch Fir

Acer ginnala Maxim. - Amur Maple

Acer macrophyllum Pursh. - Bigleaf Maple

Acer negundo L. - Boxelder

Acer pensylvanicum L. - Striped Maple

Acer platanoides L. - Norway Maple

Acer pseudoplatanus L. - Sycamore Maple

Acer rubrum L. - Red Maple

Acer saccharinum L. - Silver Maple

Acer saccharum Marsh, - Sugar Maple

Acer spicatum Lam. - Mountain Maple

Aesculus pavia L. - Red Buckeye

Ailanthus altissima (Mill.) Swingle - Tree of Heaven, Ailanthus

Berberis thunbergil DC. - Japanese Barberry

Berberis vulgaris L. - European Barberry

Betula lenta L. - Sweet Birch

Betula alleghaniensis Britton - Yellow Birch

Betula nigra L. - River Birch

Betula papyrifera Marsh. - Paper Birch

Betula pendula Roth. - European White Birch

Betula populifolian Marsh. - Gray Birch

Carya illinoensis (Wang.) K. Koch - Pecan

Carya ovata (Mill) K. Koch - Shagbark hickory

Casuarina spp. - Beefwood

Catalpa bignonioides Walt. - Southern Catalpa

Catalpa speciosa Warder. - Northern Caralpa

Cedrus atlantica Manetti - Atlas Cedar

Cedrus deodara (Roxb.) Loud. - Deodar Cedar

Cedrus libani (Loud.) - Cedar of Lebanon

Celastrus orbiculata Thunb. - Oriental Bittersweet

Chamaecyparis lawsoniana (A. Murr.) Parl - Port Oxford Cedar

Chamaecyparis nootkatensis (D. Don.) Spach. - Alaska Cedar

Clastrus scandens L. - American Bittersweet

Cornus florida L. - Flowering dogwood

Cornus stolonifera Michx. - Red-osier dogwood

Crataegus mollis - Downy hawthorn

Cupressus arizonica Greene - Arizona Cypress

Eucalyptus deglupta

Eucalyptus gradis

Fraxinus americana L. - White Ash

Fraxinus excelsior L. - European Ash

Fraxinus latifolia Benth. - Oregon Ash

Fraxinus nigra Marsh. - Black Ash

Fraxinus pensylvanica Marsh. - Green Ash

Fraxinus pensylvanica variety lanceolata (Borkh.) Sarg. - Green Ash

Gleditsia triacanthos L. - Honey Locust

Grevillea robusta - Silk-oak

Larix decidua Mill - European Larch

Larix eurolepis Henry - Dunkfeld Larch

Larix leptolepis (Sieb. Zucc.) Gord. - Japanese Larch

Larix occidentalis Nutt. - Western Larch

Larix sibirica Ledeb. - Siberian Larch

Libocedrus decurrens - Incense-Cedar

Liquidambar styraciflua L. - Sweetgum

Liriodendron tulipifera L. - Yellow-Poplar

Magnolia grandiflora - Southern Magnolia

Malus spp. - Apple

Malus spp. - Crabapple

Nyssa aquatica L. - Water Tupelo

Nyssa sylvatica variety sylvatica - Black tupelo

Picea abies (L.) Karst. - Norway Spruce

Picea engelmanni Parry - Engelmann Spruce

Picea glauca (Moench.) Voss - White Spruce

Picea glauca variety albertiana (S. Brown) Sarg. - Western White Spruce, Alberta White Spruce

Picea glehnii (Fr. Schmidt) Mast. - Sakhalin Spruce

Picea jezoensis (Sieb. Zucc.) Carr - Yeddo Spruce

Picea koyamai Shiras. - Koyama Spruce

Picea mariana (Mill.) B.S.P. - Black Spruce

Picea omorika (Pancic.) Purkyne - Serbian Spruce

Picea orientalis (L.) Link. - Oriental Spruce

Picea polita (Sieb. Zucc.) Carr - Tigertail Spruce

Picea pungens Engelm. - Blue Spruce, Colorado Spruce

Picea pungens variety glauca Reg. - Colorado Blue Spruce

Picea rubens Sarg. - Red Spruce

Picea sitchensis (Bong.) Carr - Sitka Spruce

Pinus albicaulis Engelm. - Whitebark Pine

Pinus aristata Engelm. - Bristlecone Pine

Pinus banksiana Lamb. - Jack Pine

Pinus canariensis C. Smith - Canary Pine

Pinus caribaea - Caribbean Pine

Pinus cembroides Zucc. - Mexican Pinyon Pine

Pinus clausa - Sand Pine

Pinus conorta Dougl. - Lodgepole Pine

Pinus contorta variety latifolia Engelm. - Lodgepole Pine

Pinus coulteri D. Don. - Coulter Pine, Bigcone Pine

Pinus densiflora Sieb. Zucc. - Japanese Red Pine

Pinus echinata Mill. - Shortleaf Pine

Pinus elliottii Engelm. - Slash Pine

Pinus flexilis James - Limber Pine

Pinus glabra Walt. - Spruce Pine

Pinus griffithi McClelland - Himalayan Pine

Pinus halepensis Mill. - Aleppo Pine

Pinus jeffreyi Grev. Balf. - Jeffrey Pine

Pinus khasya Royle - Khasia Pine

Pinus lambertiana Dougl. - Sugar Pine

Pinus heldreichii variety leucodermis (Ant.) Markgraf ex Fitschen - Balkan Pine, Bosnian Pine

Pinus markusii DeVriese - Markus Pine

Pinus monticola Dougl. - Western White Pine

Pinus mugo Turra. - Mountain Pine

Pinus mugo variety mughus (Scop.) Zenari - Mugo Swiss Mountain Pine

Pinus muricata D. Don. - Bishoppine

Pinus nigra Arnold - Austrian Pine

Pinus nigra poiretiana (Ant.) Aschers Graebn. - Corsican Pine

Pinus palustris Mill. - Longleaf Pine

Pinus parviflora Sieb. Zucc. - Japanese White Pine

Pinus patula Schl. Cham. - Jelecote Pine

Pinus pinaster Sol. - Cluster Pine

Pinus pinea L. - Italian Stone Pine

Pinus ponderosa Laws. - Ponderosa Pine, Western Yellow Pine

Pinus radiata D. Don. - Monterey Pine

Pinus resinosa Ait. - Red Pine, Norway Pine

Pinus rigida Mill. - Pitch Pine

Pinus serotina Michx. - Pond Pine

Pinus strobus L. - Eastern White Pine

Pinus sylvestris L. - Scotch Pine

Pinus taeda L. - Loblolly Pine

Pinus taiwanensis Hayata - Formosa Pine

Pinus thunbergii Parl. - Japanese Black Pine

Pinus virginiana Mill. - Virginia Pine, Scrub Pine

Platanus occidentalis L. - American Sycamore

Populus spp. - Poplars

Prunus armeriaca L. - Apricot

Prunus avium (L.) L. - Cherry

Prunus domestica L. - Plum, Prune

Prunus persica Batsch. – Peach

Pseudotsuga menziesii variety glauca (Beissn.) Franco - Blue Douglas Fir

Pseudotsuga menziesii variety caesia (Beissn.) Franco - Gray Douglas Fir

Pseudotsuga menziesii variety viridis - Green Douglas Fir

Pyrus communis L. - Pear

Quercus spp. - (Red or black oak group)

Quercus alba L. - White oak

Quercus muehlenbergii Engelm. - Chinkapin oak

Quercus virginiana Mill. - Live Oak

Rhododendron spp. – Rhododendron

Robinia pseudoacacia L. - Black Locust

Rosa multiflora Thunb. - Japanese Rose

Sequoia gigantea (Lindl.) Decne. - Giant Sequoia

Sequoia sempervirens (D. Don.) Engl. - Redwod

Syringa vulgaris L. - Common Lilac

Thuja occidentalis L. - Northern White Cedar, Eastern Arborvitae

Thuja orientalis L. - Oriental Arborvitae, Chinese Arborvitae

Thuja plicata Donn. - Western Red Cedar - Giant Arborvitae

Tsuga canadensis (L.) Carr. - Eastern Hemlock, Canada Hemlock

Tsuga heterophylla (Raf.) Sarg. - Western Hemlock, Pacific Hemlock

Ulmus americana L. - American Elm

Ulmus parvifolia Jacq. - Chinese Elm

Ulmus pumila L. - Siberian Elm

Vitis vulpina L. - Riverbank Grape

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

Part Agr 2206 Hermetically-Sealed Seed

N.H. Code Admin. R. Ann. Agr 2206.01 S {#sec-agr-2206.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2206.01}

tandards, Requirements, and Conditions for Hermetically-Sealed Seed.

(a) Hermetically-sealed seed shall be packaged within 9 months after harvest.

(b) The container used for hermetically-sealed seed shall not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100- F. with a relative humidity on one side of 90 percent and on the other side 0 percent.

(c) Water vapor penetration (WVP) shall be measured by the standards of the U.S. Bureau of Standards as: gm.H20/24 hr./100 sq. in./100....F./90% RHV.0% RH

(d) The seed in the container shall not exceed the percentage of moisture, on a wet weight basis, as listed in Table 2200-4 and Table 2200-5 below:

Table 2200-4 Maximum Moisture for Hermetically –Sealed Agricultural Seed

Name Maximum Percentage of Moisture

Beet, Field 7.5

Beet, Sugar 7.5

Bluegrass, Kentucky 6.0

Clover, Crimson 8.0

Fescue, Red 8.0

Ryegrass, Annual 8.0

Ryegrass, Perennial 8.0

All Others 6.0

Mixture of Above 8.0

Table 2200-5 Maximum Moisture for Hermetically –Sealed Vegetable Seed

Name Maximum Percentage of Moisture

Bean, Garden 7.0

Bean, Lima 7.0

Beet 7.5

Broccoli 5.0

Brussels Sprouts 5.0

Cabbage 5.0

Carrot 7.0

Cauliflower 5.0

Celeriac 7.0

Celery 7.0

Chard, Swiss 7.5

Chinese Cabbage 5.0

Chives 6.5

Collards 5.0

Corn, Sweet 8.0

Cucumber 6.0

Eggplant 6.0

Kale 5.0

Kohlrabi 5.0

Leek 6.5

Lettuce 5.5

Muskmelon 6.0

Mustard, India 5.0

Onion 6.5

Onion, Welsh 6.5

Parsley 6.5

Parsnip 6.0

Pea 7.0

Pepper 4.5

Pumpkin 6.0

Radish 5.0

Rutabaga 5.0

Spinach 8.0

Squash 6.0

Tomato 5.5

Turnip 5.0

Watermelon 6.5

All others 6.0

(e) The container shall be conspicuously labeled in not less than 8-point type to indicate:

(1) That the container is hermetically-sealed;

(2) That the seed has been preconditioned as to moisture content; and

(3) The calendar month and year in which the germination test was completed.

(f) The percentage of germination of seed at the time of packaging shall have been equal to or above the standards specified in Agr 2203.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18 (formerly Agr 2207.01)

Part Agr 2207 White Sweet Clover

N.H. Code Admin. R. Ann. Agr 2207.01 White Sweet Clover Labeling Requirements {#sec-agr-2207.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2207.01}

(a) Sweet clover seed containing more than 5 percent of yellow sweet clover seed, or more

than 1.25 percent mottled seeds, shall not be labeled white sweet clover.

(b) Sweet clover seed containing more than 5 percent yellow sweet clover seed shall be labeled sweet clover or as a mixture.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

Part Agr 2208 Seeds for Sprouting

N.H. Code Admin. R. Ann. Agr 2208.01 Seeds {#sec-agr-2208.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2208.01}

Labeling Seeds for Sprouting. The following information shall be on all labels of seed sold for sprouting for salad or culinary purposes:

(a) The commonly accepted name of kind or kinds;

(b) The seed lot number;

(d) The percentage by weight of other crop seeds, if occurring;

(e ) The percentage by weight of inert matter, if occurring;

(f) The percentage by weight of weed seeds, if occurring;

(g) The percentage of germination of each pure seed component;

(h) The percentage of hard seed, if present; and

(i) The calendar month and year the test was completed to determine such percentages.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18 (formerly Agr 2210.01)

Part Agr 2209 Grower’s Declaration

N.H. Code Admin. R. Ann. Agr 2209.01 Grower’s Declaration {#sec-agr-2209.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2209.01}

A grower's declaration shall be a statement signed by the grower giving, for any lot of seed, the lot number, the kind, variety, origin and weight.

History

#5083, eff 2-26-91; EXPIRED: 2-26-97
#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

Part Agr 2210 Labeling of Seed Distributed to Wholesalers

N.H. Code Admin. R. Ann. Agr 2210.01 Labeling of Seed Distributed to Wholesalers {#sec-agr-2210.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2210.01}

(a) After seed has been conditioned, as defined in RSA 433:1 VIII, it shall be labeled in accordance with RSA 433:2 before distribution to any person including a wholesaler.

(b) Each bag or lot of seed shall be labeled in accordance with RSA 433:2 when supplied to a retailer or consumer.

(c) Labeling of seed supplied to a wholesaler may be by invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk. A wholesaler means one whose predominant business is to supply seed to other distributors rather than to consumers of seed.

(d) Each bag or container that is not labeled by invoice in accordance with Agr 2210.01(c) shall carry a complete label in compliance with RSA 433:2.

History

#6495, eff 4-23-97, EXPIRED: 4-23-05
#12469, INTERIM, eff 1-26-18, EXPIRES: 7-25-18; ss by #12576, eff 7-21-18

Part Agr 2211 Seed Relabeling

N.H. Code Admin. R. Ann. Agr 2211.01 Relabeling Seed Containers {#sec-agr-2211.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2211.01}

The person who relabels seed in their original containers shall provide the following on the containers:

(a) The calendar month and year the test was completed to determine such percentage;

(b) The same lot designation as on the original labels; and

History

#12576, eff 7-21-18 (formerly Agr 2209.01)

Part Agr 2212 Official Definitions

N.H. Code Admin. R. Ann. Agr 2212.01 Official Definitions {#sec-agr-2212.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2212.01}

Except as the commissioner designates otherwise in specific cases under these rules, or by statue, the definitions shall be those adopted and published in the Recommended Uniform State Seed Law by the Association of American Seed Control Officials, Edition 2016, available as specified in Appendix II.

History

#12576, eff 7-21-18

Part Agr 2213 Seed Labeling License

N.H. Code Admin. R. Ann. Agr 2213.01 Requirements for License {#sec-agr-2213.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2213.01}

(a) As provided in RSA 433:9-a, persons labeling agricultural, vegetable, flower, and tree and shrub seeds for planting purposes, for distribution, or sale in this state shall obtain a seed labeling license.

(b) Such applications for licensure shall be submitted annually on the application for Seed Labeling License form furnished by the commissioner accompanied by a $75 fee payable to “Treasurer, State of New Hampshire”.

(d) The applicant shall provide the following on the “Application for Seed Labeling License” form:

(1) The name and address of the person labeling seed;

(2) License year;

(3) Telephone number, and email;

(4) Signature and title of person applying;

(5) Date of application;

(6) The type of seed being distributed in this state; and

(7) The product or brand names under which the seed shall be sold.

Appendix I

Rule

Specific State Statute which the Rule is Intended to Implement

Agr 2200

RSA 433:7, III

(Specific rules implementing specific statutes are listed below)

Agr 2201

RSA 433:7, III (a)

Agr 2202

RSA 433:4, I (d) & (e), 433:7, III (b)

Agr 2203

RSA 433:2, 433:7, III (c)

Agr 2204

RSA 433:2, 433:7, III (d) & (e)

Agr 2205

RSA 433:3, II (g), 433:7 III (f)

Agr 2206

RSA 433:2, I (a), 433:7, III (j)

Agr 2207

RSA 433:2, II, 433:7, III

Agr 2208

RSA 433:2, 433:7, III (l)

Agr 2209

RSA 433:2, 433:7, III

Agr 2210

RSA 433:2, 433:7, III

Agr 2211

RSA 433:2, VI, 433:7, III (l)

Appendix II

Rule

Material Incorporated

How Material May be Obtained

and Costs

Agr 2201.01

AOSA Rules for Testing Seeds

2017 Edition

Volumes 1-4

Association of Official Seed Analysts

8918 W 21^st N., Suite 200 #246

Wichita, KS 67205

202-870-2412

www.analyzeseeds.com/publications

Costs: $100 for electronic version of all 4 volumes. Printed copy of each volume is as follows: Volume 1=$75, Volume 2=$20, Volume 3=$55, and Volume 4=$55

Agr 2212.01

AASCO Recommended Uniform State Seed Law

Section 1, Official Definitions

2016 Edition

Association of American Seed Control Officials

www.seedcontrol.org

Cost: The document is available on the website to the public at no cost.

History

#12576, eff 7-21-18 (formerly Agr 2208.01)

Chapter Agr 2300 had formerly been titled “Economic Poisons”, contained only Part Agr 2301 titled “Licensing of Pesticide Dealers”, and expired 7-26-90. The filings affecting the former Agr 2300 included the following documents:

Part Agr 2301 Purpose and Scope

N.H. Code Admin. R. Ann. Agr 2301.01 Purpose {#sec-agr-2301.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2301.01}

The purpose of these rules is to establish fees for pesticide product registration pursuant to RSA 430:36.

History

(See Revision Note at chapter heading for Agr 2300) #10985, eff 11-25-15; ss by #14405, eff 10-17-25 EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Agr 2301.02 Scope {#sec-agr-2301.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2301.02}

These rules shall apply to all registrants required to register pesticide products pursuant to RSA 430:36.

History

(See Revision Note at chapter heading for Agr 2300) #10985, eff 11-25-15; ss by #14405, eff 10-17-25 EXPIRES: 10-17-35

Part Agr 2302 Pesticide Product Registration

N.H. Code Admin. R. Ann. Agr 2302.01 Registration Procedure {#sec-agr-2302.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2302.01}

The registrant shall register pesticide products as follows:

(a) Registrants shall provide a statement pursuant to RSA 430:38;

(b) Registrants shall provide an annual registration fee to the department on or before December 31 of each year;

(c) Annual registration shall be prepared on a form provided by the department and accompany the fee by the date described in (b) above and include the following information:

(1) Company name;

(2) Company number;

(3) Year of registration;

(4) Mailing address;

(5) Telephone number;

(6) Printed name of authorizing agent;

(7) Signature of authorizing agent;

(8) Date of signature;

(9) Telephone number of authorizing agent;

(10) Product name;

(11) Product number assigned by the United States Environmental Protection Agency;

(12) Indicating if the product is discontinued;

(13) Indicating the type of pesticide as follows:

a. “R” for a restricted use pesticide as defined by RSA 430:29, XXXI;

b. “G” for a general use pesticide as defined by RSA 430:29, XIII-a; or

c. “S” for a specialty or household pesticide as defined by RSA 430:29, XXXII-a; and

(4) Indicating if the product is a special local need pursuant to RSA 430:39;

(d) Each registrant shall send or deliver the registration form and the applicable fee to:

New Hampshire Department of Agriculture, Markets and Food

Division of Pesticide Control

PO Box 2042

1 Granite Place South Suite 211

Concord, NH 03302-2042

(e) Payment shall be made by:

(1) Credit card; or

(2) Check or money order made payable to “Treasurer, State of New Hampshire”.

History

(See Revision Note at chapter heading for Agr 2300) #10985, eff 11-25-15; ss by #14405, eff 10-17-25 EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Agr 2302.02 Fee {#sec-agr-2302.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2302.02}

The registrant shall pay an annual fee for each pesticide registered as follows:

(a) For a restricted use pesticide, $220 per product per year;

(b) For a general use pesticide, other than a specialty or household pesticide, $220 per product per year; and

APPENDIX

Rule

Specific State Statute the Rule Implements

Agr 2301.01

RSA 430:36; RSA 430:38,III(a)

Agr 2301.02

RSA 430:36; RSA 430:38, 39, and 40

Agr 2302.01(a)

RSA 430:38,I and II

Agr 2302.01(b)-(f)

RSA 430:36; RSA 430:38,III

Agr 2302.02

RSA 430:38,III(a)

History

(See Revision Note at chapter heading for Agr 2300) #10985, eff 11-25-15; ss by #14405, eff 10-17-25 EXPIRES: 10-17-35

Chapter Agr 2400 Equine Infectious Anemia

Part Agr 2401 Eia Reactor Quarantine

N.H. Code Admin. R. Ann. Agr 2401.01 Quarantine {#sec-agr-2401.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2401.01}

(a) An equine found to be a reactor on a second test for equine infectious anemia (EIA) shall be quarantined.

(b) A quarantined equine shall:

(1) Be kept with no other equine;

(2) Not leave the property to which quarantined; and

(3) Be kept a minimum of 1/4 mile from the nearest paddock, pasture or barn having equine species.

(c) A reactor may be kept within 1/4 mile of other equines or equine facility providing the reactor is maintained in a screened-in enclosure.

(d) Notwithstanding (b)(1) above a reactor may be quarantined with:

(1) Another reactor; or

(2) One or more EIA negative equine if the quarantine conditions are maintained for them.

APPENDIX

RULE NUMBER

STATE STATUTE IMPLEMENTED

Agr 2400

RSA 436:96

History

#4792, eff 3-26-90; EXPIRED: 3-26-96
#6273, eff 6-25-96, EXPIRED: 6-25-04
#8125, eff 7-21-04, EXPIRED: 7-21-12
#10472, eff 11-27-13; ss by #13835, eff 12-28-23

Chapter Agr 2500 Nursery and Nursery Stock

Part Agr 2501 New Hampshire Administrative Nursery Requirements

N.H. Code Admin. R. Ann. Agr 2501.01 Statement of Purpose {#sec-agr-2501.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2501.01}

The division of plant industry of the New Hampshire department of agriculture, markets and food is charged with the function of nursery stock inspection and regulation under the immediate supervision of the state entomologist and commissioner of agriculture. The purpose of these rules is to clarify the procedures and methods used for licensure, compliance agreements, and issuance of export certificates, and used by inspectors of the division of plant industry in dealing with infections, diseases, and insect pests of nursery stock.

History

#5359, eff 3-17-92; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
#9323, eff 11-21-08; ss by #12114, eff 2-21-17

N.H. Code Admin. R. Ann. Agr 2501.02 Definitions {#sec-agr-2501.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2501.02}

In addition to the definitions in RSA 433:21, the following shall apply:

(a) “Audit” means an inspection by the inspectors authorized by the department to verify compliance with the terms conditioned in a compliance agreement;

(b) “Best management practices” means processes and actions based on the best available science that provide the most cost-effective and efficacious way to address an issue, such as preventing or reducing pest and pathogen problems;

(d) "Certificate of origin" means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares, or verifies that an article, nursery stock, plant, product, shipment, or any other officially regulated article originated from the location as stated;

(e) “Compliance agreement” means any written agreement between a person and the department to achieve compliance with any set of requirements being enforced by the department;

(f) “Critical control point” means a step in the nursery production cycle, based on risk analysis, where best management practices could be used to reduce or eliminate pest risk;

(g) “Department” means the New Hampshire department of agriculture, markets and food;

(h) “Director” means the state entomologist, qualified by scientific training and practical experience, directly answerable to the commissioner, in charge of and responsible for the activities of the division of plant industry;

(i) "Disposal" means disposed of in an appropriate manner that will not allow the pest to survive or spread. Methods include, but are not limited to, encapsulating plants in plastic bags and disposing of the plant material through trash pickup, open burning, incineration, or burial of infested nursery stock;

(j) “Emergency” means any situation in which the department has declared a public nuisance or when in the opinion of the department a plant pest, pathogen, noxious weed, or arthropod endangers or threatens the horticultural or agricultural interests of the state;

(k) "Federal phytosanitary certificate" means a document prepared by a duly authorized federal or state regulatory official that affirms, declares, or verifies that nursery stock, plant, product, shipment, or any other officially regulated article meets the phytosanitary requirements of the import country;

(l) "Invasive species" means all plant, insect and fungal species that any person or persons are prohibited from collecting, transporting, selling, distributing, propagating, or transplanting, including all of their cultivars and varieties as prohibited under RSA 430:53, III;

(m) "Landscaper" means any person involved in the practice of buying, transporting, planting, cultivating, or selling nursery stock for landscape purposes;

(n) "License" means an authorization from the director to sell plant stock;

(o) "Nursery" means any location where plants with roots are propagated, grown, stored, or sold. These include, but are not limited to, nurseries, garden centers, greenhouses, landscape facilities, florists, roadside dealers, supermarkets, and stores;

(p) "Nurseryman" means any person who owns, leases, manages, or is in charge of a nursery for the purpose of selling or offering nursery stock for sale;

(q) "Nursery stock" means any woody or herbaceous plant material being offered for sale. Woody plant material includes, but is not limited to: ornamental and fruiting trees, shrubs, vines, and all viable parts of these plants; and any other plant or plant part designated by the commissioner. Herbaceous plant material includes, but is not limited to: annuals, perennials, bulbs, tubers, root stock, or any other type of plant or plant part designated by the commissioner. Nursery stock does not include cut Christmas trees, wreaths, seeds, dried herbs, vegetables, cut flowers, or such plant products;

(r) "Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof;

(s) "Plant dealer" means any person, firm, partnership, association, or corporation not a grower or an original producer of nursery stock in New Hampshire who buys, acquires, or receives on consignment nursery stock for the purpose of re-selling, transporting, or otherwise disposing of the stock;

(t) "Quarantine tags, labels, and certificates" means documents bearing a statement addressing specific insects, arthropod pests and/or plant diseases;

(u) "Sell or offer for sale" means to offer for sale, expose for sale, possess for sale, exchange, barter, or trade. All entities that engage in such conduct “sell or offer for sale”, including but not limited to nurseries, wood-using industries, persons, or landscapers;

(v) "State exterior quarantine" means a quarantine regulation adopted by a noninfested state to prevent or delay the introduction of a pest into the state;

(w) "State interior quarantine" means a quarantine regulation adopted against a pest to prevent spread of the pest within state borders; and

(x) “State phytosanitary certificate” means a document prepared by a duly authorized state regulatory official that affirms, declares, or verifies that nursery stock, plant, product, shipment, or any other officially regulated article meets phytosanitary requirements of the state or any US territory where the shipment is being sent.

History

#5359, eff 3-17-92; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
#9323, eff 11-21-08; ss by #12114, eff 2-21-17

N.H. Code Admin. R. Ann. Agr 2501.03 Licensing {#sec-agr-2501.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2501.03}

(a) The nurseryman, plant dealer, or landscaper shall acquire and further distribute only nursery stock obtained from a certified or licensed grower or dealer, or an entity approved by the authorizing agency within the state of origin for the sale of plants.

(b) Any nurseryman, plant dealer, or landscaper that temporarily or permanently retains nursery stock in his or her possession shall obtain a plant dealer / landscaper license from the department.

(c) The license shall be valid for one-year beginning on January 1 and ending on December 31 of the following year, unless the department suspends the plant dealer / landscaper license pursuant to RSA 433:35.

(d) An applicant for a plant dealer / nursery license shall complete and submit Form “Plant Dealer / Landscaper Application”, as amended 1-20-2017.

(e) The annual fee for a plant dealer / landscaper license shall be $25.

(f) The license fee shall accompany the application. Payment shall be made by check, money order, or cash, payable to the Treasurer, State of New Hampshire.

(g) Fees required by Agr 2501.03(e) shall not apply to:

(1) A person who is a nurseryman, dealer, or collector and who makes no more than $3,000 in gross sales of all rooted plant material during the calendar year;

(2) Any public or private arboretum operated not-for-profit which exchanges nursery stock inspected by a duly authorized agent of a state or federal department of agriculture in limited quantities for experimental or permanent arboretum plantings;

(3) New Hampshire state agencies or universities; and

(4) Any landscape company that does not import out of state nursery stock, and does not temporarily or permanently store nursery stock.

(h) The applicant shall attest on the plant dealer / landscaper application form that they meet the licensing fee requirements and shall acquire and further distribute nursery stock obtained only from a certified and, or licensed grower or dealer approved by the authorizing agency within the state of origin.

(i) A nurseryman, plant dealer, or landscaper shall hold a valid plant dealer license for each sales location.

(j) A plant dealer / landscaper license shall not be transferable.

(k) A copy of the plant dealer / landscaper license shall be posted in a conspicuous place at the sales location.

History

#5359, eff 3-17-92; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
#9323, eff 11-21-08; ss by #12114, eff 2-21-17

N.H. Code Admin. R. Ann. Agr 2501.04 Inspections {#sec-agr-2501.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 2501.04}

(a) By accepting the plant dealer / landscaper license, the licensee shall agree to periodic inspections of the nursery stock being offered for sale at the business location or any other applicable location pursuant to RSA 433:28 and 433:30.

(b) The department shall inspect any nursery as determined necessary by the director to ensure that:

(1) Nursery stock offered for sale within New Hampshire is free of plant diseases, is not infested with plant pests, and meets the requirements of RSA 433:28;

(2) Nursery stock shipped from New Hampshire is free from pests under quarantine or declared a public nuisance, and has all non-quarantine plant pests under effective control; and

(3) Nursery stock shipped to New Hampshire is free from pests under quarantine or declared a public nuisance, with all non-quarantine pests under effective control.

(c) The department shall have authority during reasonable times to inspect a business location that might become infected or infested with plant pests.

(d) The department or any duly authorized agent of the department shall have the authority to place, monitor and retrieve traps and samples for identification or verification as part of an inspection.

(e) When an inspector finds injurious plant pests or plant diseases present in a nursery, greenhouse, plant dealer or landscaper's premises, the inspector shall issue a stop-sale order to prevent the sale of such stock if the inspector determines that a stop-sale order is necessary to remove the threat posed by the pests or plant diseases and assure sound, healthy nursery stock for sale pursuant to RSA 433:30.

(f) Nursery stock placed on stop-sale shall be identified by the inspector, either individually or in blocks. Infested stock shall be separated from noninfested stock and that physical separation shall be effected and maintained by the nursery.

(g) The issuance of a stop-sale order shall state the following:

(1) The reason for issuance of the stop-sale order;

(2) A description of the nursery stock placed on stop-sale; and

(3) The date upon which such stop-sale order became effective.

(h) Stop-sale ordered nursery stock shall not be moved from its location unless otherwise mandated by a department inspector for isolation purposes, and shall not be sold until the following conditions have been met:

(1) The nursery stock has been re-inspected and found to be apparently free from pests and diseases; or

(2) The plant dealer has provided evidence of complying with required treatments; and

(3) The inspector provides a written statement releasing the stop sale ordered nursery stock.

(i) If stop-sale ordered nursery stock does not meet the conditions of (h), or if the risk from the infested or infected stock is considered an emergency, then the inspector shall issue a written statement ordering the disposal of the nursery stock.

(j) Disposal of infested nursery stock shall be witnessed or approved by a state inspector.

(k) Unless otherwise provided for by law, the department shall not provide compensation for damages to any owner for damages resulting from the loss or disposal of infested or infected plants, plant products, or other regulated articles, nor shall it reimburse licensees for any expenses incurred incidental to the application of prescribed preventative or remedial measures.

History

#5359, eff 3-17-92; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
#9323, eff 11-21-08; ss by #12114, eff 2-21-17

N.H. Code Admin. R. Ann. Agr 2501.05 Quarantines {#sec-agr-2501.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 2501.05}

(a) When injurious insects, plant diseases or both are found in any geographic area, which pose a threat to natural, residential or commercial resources, commodities, or both in New Hampshire, the commissioner shall establish an interior quarantine, and exterior quarantine, or both.

(b) The following quarantine measures shall be taken by the NH department of agriculture, markets & food:

(1) Identify by scientific name the organism under quarantine;

(2) Identify the quarantined counties;

(3) Indicate the resource or commodity under quarantine; and

(4) Specify restrictions on movement of host material or infected stock from quarantined areas.

History

#5359, eff 3-17-92; amd by #5617, eff 4-27-93; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
#9323, eff 11-21-08; ss by #12114, eff 2-21-17

N.H. Code Admin. R. Ann. Agr 2501.06 Nursery Stock Certification for Export {#sec-agr-2501.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 2501.06}

(a) Licensed plant dealers may ship nursery stock to other nurseries, brokers, and out-of-state customers only if the nursery stock is free from pests under quarantine or declared a public nuisance, and has all non-quarantine plant pests under effective control.

(b) A plant dealer may enter into a compliance agreement with the department to ship plants using a systems approach, based on best management practices addressing critical control points in the nursery production cycle. Compliance with the terms of the compliance agreement shall be verified by inspectors with the department through audits.

(c) Any nurseryman, plant dealer, landscaper, or person within the state of New Hampshire may apply for a federal or state phytosanitary certificate for plants and plant parts, in order to meet the plant health import requirements of other states and nations.

(d) The application for a federal or state phytosanitary certificate shall be made through the official federal phytosanitary certificate issuance and tracking system. The applicant may create an account with this system and access the application form(s) on-line at www.pcit.aphis.usda.gov/pcit/ or any other web address published and promulgated by the United States department of agriculture, animal and plant health inspection service, plant protection and quarantine for that purpose.

(e) The federal phytosanitary certificate issuance and tracking system is a complete cost-recovery system. The fees for such a certificate shall be as follows:

(1) A federal administrative fee per certificate; and

(2) A state fee of $39 per certificate for shipments of less than $1,250 in value; or

(3) A state fee of $74 per certificate for shipments of greater than or equal to $1,250 in value; or

(4) A state fee of $8 per certificate for replacing an issued certificate at the applicant’s request.

(f) There are no fees associated with issuing state phytosanitary certificates using the federal phytosanitary certificate issuance and tracking system.

(g) The application for federal or state phytosanitary certification shall be submitted no less than one week prior to the requested inspection date.

(h) Fees shall be collected at the time that the certificate is issued.

(i) Payment shall be made by credit card through the official federal phytosanitary certificate issuance and tracking system.

History

#5359, eff 3-17-92; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
#9323, eff 11-21-08; ss by #12114, eff 2-21-17

N.H. Code Admin. R. Ann. Agr 2501.07 Violations {#sec-agr-2501.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 2501.07}

(a) Any person who violates the provisions of these rules shall be subject to the penalty provisions in RSA 433:32.

(b) It shall be a violation for any nurseryman, plant dealer, or landscaper who fails to apply for and obtain a plant dealer / landscaper license prior to buying and selling any nursery stock.

(c) It shall be a violation to move, sell, distribute, or destroy any nursery stock which has been placed on stop-sale without first notifying and receiving written approval from the department.

(d) It shall be a violation for any person to violate the provisions of any internal or external state or federal quarantine.

(e) The director shall refuse, suspend, or revoke a plant dealer / landscaper license by notifying the licensee in writing if, after considering the following factors, the director determines that prevention or removal of an infestation of dangerous insects or plant diseases cannot be assured:

(1) Failure to comply with all of the provisions of RSA 433:21-433:36;

(2) Failure to renew the plant dealer / landscaper license;

(3) Violation of state and, or federal quarantines;

(4) Violation of a stop-sale order;

(5) Failure to comply with state, federal, or state and federal invasive species laws; or

(6) Failure to consent to an inspection pursuant to these rules.

(f) The plant dealer may file an appeal of the refusal, suspension, or revocation of the plant dealer license by letter to the commissioner within 15 days after receiving the order. The letter shall state any grounds for the appeal.

(g) If, following inspection, it is determined by the director that the plant dealer has addressed the conditions outlined in Agr 2501.07 (e), the director shall issue or reinstate a plant dealer license.

APPENDIX

Rule

Specific State or Federal Statute which the Rule Implements

Agr 2501.01-Agr 2501.02

RSA 433:21; RSA 433:24

Agr 2501.03

RSA 433:22, II, III; RSA 433:23; RSA 433:25; RSA 433:27; RSA 433:29-a; RSA 433:31

Agr 2501.04

RSA 433:28; RSA 433:29; RSA 433:30; RSA 433:33

Agr 2501.05

RSA 433:34

Agr 2501.06

RSA 433:22, III, IV; RSA 433:24; RSA 433:25; RSA 433:30

Agr 2501.07

RSA 433:28; RSA 433:29-a; RSA 433:30; RSA 433:32; RSA 433:34; RSA 433:35; RSA 433:36

History

#12114, eff 2-21-17 (from Agr 2701.06)

Chapter Agr 2800 Animal Population Control

Part Agr 2801 Introduction and Definitions

N.H. Code Admin. R. Ann. Agr 2801.01 Purpose {#sec-agr-2801.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2801.01}

These rules implement the forms and procedures of the department of agriculture, markets, and food pursuant to RSA 437-A, the animal population control program. The purpose of the program is to encourage permanent sexual sterilization of dogs and cats to reduce the population of unwanted companion animals and protect public health and safety.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24

N.H. Code Admin. R. Ann. Agr 2801.02 Applicability {#sec-agr-2801.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2801.02}

In accordance with RSA 437-A:3, I, this program shall be open to any resident of the state who:

(a) Owns a companion animal and is eligible to participate in one of the following:

(1) The Food Stamp Program;

(2) The Supplemental Security Income Program;

(3) The temporary assistance to needy families;

(4) The aid to the needy blind program;

(5) The Medicaid program;

(6) The old age assistance program; or

(7) The aid to the permanently and totally disabled program; and

(b) Owns a companion animal that has not been imported into the state in violation of RSA 437-A:3, II.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24

N.H. Code Admin. R. Ann. Agr 2801.03 Definitions {#sec-agr-2801.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2801.03}

As used in this chapter, unless the context clearly dictates otherwise:

(a) “Administrator” means the administrator of the animal population control program, who is appointed by the commissioner of agriculture, markets, and food;

(b) “Applicant” means the owner of a companion animal;

(d) “Complaint” means a written and signed allegation of violation of these rules or RSA 437-A by an applicant or participating veterinarian;

(e) “Department” means the department of agriculture, markets, and food;

(f) “Filing” means signing, dating, and sending a document by first class mail to the department;

(g) “Participating veterinarian” means a veterinarian or veterinary practice that has filed the veterinarian’s agreement to participate with the administrator;

(h) “Payee” means a participating veterinarian or veterinary practice;

(i) “Program” means the animal population control program pursuant to RSA 437-A:2; and

(j) “Sterilization” means spaying or neutering, including maintenance, discharge, and removal of sutures.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24

Part Agr 2802 Eligibility Standards

N.H. Code Admin. R. Ann. Agr 2802.01 Eligibility for People to Participate in Program {#sec-agr-2802.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2802.01}

(a) The applicant seeking to participate under the program shall meet the following requirements:

(1) Be a resident of the state of New Hampshire;

(2) Own a companion animal; and

(3) Either receive benefits under the programs or acts listed in Agr 2801.02(a) or be eligible to receive benefits under the programs or acts listed in Agr 2801.02(a) as determined by a household income that is no more than 130% of the federal poverty level.

(b) Each applicant for the program shall:

(1) Provide the administrator with verification of the applicant’s participation or eligibility to participate in the programs specified in Agr 2801.02(a); and

(2) Provide either a valid New Hampshire driver’s license or a non-drivers I.D. to establish proof of identity.

(1) In the applicant’s name; and

(2) One of the following documents:

a. Current SSI check;

b. SSI check stub; or

c. SSI award letter.

(d) Acceptable verification of the applicant’s participation in one or more of the programs specified by Agr 2801.02(a)(1) or (3)–(7) shall be:

(1) In the applicant’s name;

(2) Issued within 30 days of the applicant’s request for program eligibility; and

(3) One of the following New Hampshire department of health and human services’ documents:

a. Form 440, “New Hampshire Food Stamp Program Authorization to Issue Coupons”;

b. Form 804, “Redetermination Notice”;

c. Form 805, “Notice of Decision”, indicating a determination of eligibility for initial or continuing receipt of public assistance or food stamps;

d. Form 807R, “Interview Appointment Notice - Redetermination/Recertification”; or

e. Any other written correspondence from the New Hampshire department of health and human services, division of human services to the applicant indicating the applicant’s current receipt of benefits under Agr 2801.02(a)(1), or (3)–(7).

(e) In lieu of proof of participation as outlined in Agr 2802.01(a), acceptable verification of the applicant’s eligibility to participate in the programs specified by Agr 2801.02 (a)(8) shall be:

(1) A completed “Animal Population Control Program Income Verification” form, 11/2024 edition; and

(2) Documentation verifying income, such as copies of:

a. Checks;

b. Bank statements; or

c. An award letter from a program listed in Agr 2802.01(a).

(f) If the applicant is unable to produce the verification required, or if the verification provided does not prove eligibility for one of the programs under Agr 2801.02(a), then the administrator shall request that:

(1) The Social Security Administration verify the applicant’s eligibility status for SSI under Agr 2801.02(a)(2); or

(2) The New Hampshire department of health and human services, division of human services verify the applicant’s eligibility status for the programs specified under Agr 2801.02(a)(1) or (3)–(7).

(g) An applicant or applicant’s household shall be limited to a maximum of 3 approved applications during any 5-year period. The 5-year period shall be calculated on a rolling 60-month basis from the date each application is received by the department, that is, every time an application is received by the department, the department shall check back 60 months from that date for past approvals, if any.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24

Part Agr 2803 Forms

N.H. Code Admin. R. Ann. Agr 2803.01 Veterinarian’s Agreement to Participate and Fee Schedule. {#sec-agr-2803.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2803.01}

(a) The “Veterinarian’s Agreement and Fee Schedule” form, 11/2024 edition, shall be filed annually with the administrator by a practicing veterinarian in order to participate in the animal population control program. The practicing veterinarian or veterinarian practice may file the “Veterinarian’s Agreement and Fee Schedule” by December 31 of the year prior to the agreement taking effect.

(b) The completed agreement shall be sent to: Administrator, Animal Population Control Program, New Hampshire Department of Agriculture, Markets, and Food, 1 Granite Place South, Suite 211, Concord, NH 03301.

(c) The practicing veterinarian shall provide the following on the “Veterinarian’s Agreement and Fee Schedule” form to participate:

(1) A veterinarian or veterinary practice name;

(2) Address;

(3) Business telephone number;

(4) Business fax number;

(5) Name and title of facility representative;

(6) Vendor identification number as assigned pursuant to Adm 603;

(7) Names of the veterinarians practicing at the facility and their signatures; and

(8) New Hampshire license number for each veterinarian practicing at the facility.

(d) The practicing veterinarian shall provide on the application a fee schedule for the following:

(1) For sterilization of female dogs, the fee for each of the following categories of weights:

a. Up to 25 lbs.;

b. 26-50 lbs.;

c. 51-75 lbs.; and

d. Over 75 lbs.;

(2) The fee for sterilization of female cats at any weight;

(3) For sterilization of male dogs, the fee for each of the following categories of weights:

a. Up to 25 lbs.;

b. 26-50 lbs.;

c. 51-75 lbs.; and

d. Over 75 lbs.;

(4) The fee for sterilization of male cats at any weight;

(5) The examination fee; and

(6) The period for which the foregoing fees shall be effective.

(e) The practicing veterinarian shall attest to the following on the “Veterinarian’s Agreement and Fee Schedule” form:

“I certify that the fee schedule is accurate as outlined above and will remain in effect from this date to the above expiration date. The fees will be for the entire surgical procedure, which shall mean: sterilization, maintenance, discharge and removal of sutures. I understand that I will be reimbursed 100% of the above fees less the co-payment made by the owner under the program. I understand that I will be reimbursed for pre-surgical immunization fees up to $25 pursuant to RSA 437-A:4, II (b). I understand that I will also be reimbursed for a routine physical examination fee prior to sterilization under the program. I also understand that any fees associated with any surgical complications are not subject to reimbursement from the NH Department of Agriculture, Markets and Food, Animal Population Control Program.

I understand that if the administrator of the Animal Population Control Program determines any of the above fees unreasonable pursuant to RSA 437-A:4, I. I will not be eligible to participate. I further understand that if funds become depleted, I will be notified in advance to stop accepting clients under this program.

I agree to submit complete and correct monthly invoices and supporting Application(s) for Sterilizing a Dog or Cat within 10 days of the end of the month in which the sterilization surgery and immunization were performed.

I understand that I will not be reimbursed for surgeries on ineligible pets, including services performed when the program was closed.

I certify that I have read and understand all statements above and am in compliance with all applicable NH Statutes and NH Department of Agriculture, Markets, and Food rules, including but not limiting to RSA 437-A and Agr 2800.”

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98; ss by #7453, eff 2-22-01, EXPIRED: 2-22-09
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 2803.02 Owner Application for Sterilization of a Dog or Cat {#sec-agr-2803.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2803.02}

(a) The “Application for Sterilizing a Dog or Cat” form shall be filled out by the companion animal’s owner who is receiving aid under one of the programs listed in Agr 2801.02(a).

(b) The companion animal’s owner shall provide the following in Part 1 – Client/Pet

Information section of the application form:

(1) Name, address, and phone number of applicant;

(2) Program under which eligibility is claimed in accordance with RSA 437-A:3, I;

(3) The following regarding the animal:

a. Name;

b. Species;

c. Breed;

d. Sex;

e. Age; and

f. Weight;

(4) Signature of applicant and date signed; and

(5) That the applicant consents to the following:

a. Immunizations if required;

b. Sterilization of the pet described above;

c. That the information above is true and correct to the best of the applicant’s knowledge; and

d. That the applicant authorizes the department of health and human services, division of family assistance or social security administration to release eligibility verification for one of the programs in Agr 2801.02(a) to the administrator.

(1) Send the application form; and

(2) The proof of eligibility required under Agr 2802.01 to the administrator for approval.

(d) An applicant shall be notified of an incomplete application at the time of receipt by the program administrator in accordance with RSA 541-A:29 and said application shall be deemed abandoned when the applicant fails to supply the documents required under Agr 2802.01 within 60 days of the program administrator’s initial notice of additional required information. An applicant shall not reactivate an abandoned application but may reapply by filling out another owner “Application for Sterilizing a Dog or Cat” and complying with the requirements of Agr 2802.01.

(e) Upon review by the administrator, if an applicant meets the requirements of Agr 2802.01, then the administrator shall:

(1) Sign and date Part 2 – Certification by Program Administrator section of the form certifying approval was granted; and

(2) Mail the form back to the applicant.

(f) An approved application shall only remain valid until both the calendar and fiscal years in which it was issued have ended. For example, an application approved in May shall remain valid after the close of the fiscal year on June 30th, but shall expire on December 31st when the calendar year has ended.

(g) Upon return receipt of the form from the administrator, the applicant shall submit the form and the co-payment as required by RSA 437-A:3, I to the participating veterinarian performing the companion animal’s sterilization procedure.

(h) The participating veterinarian shall:

(1) Provide the following in Part 3 – Veterinarian Information section of the form:

a. Name of participating veterinarian;

b. Address of participating veterinarian’s office;

c. Telephone number of participating veterinarian’s office;

d. Date of surgery;

e. Date of rabies vaccination;

f. Acknowledgement that the co-payment was received from or on behalf of the applicant for the sterilization;

g. Certification that the sterilization and immunization, if any, of the animal above was carried out as recorded;

h. Signature of the veterinarian that performed the surgery and date; and

i. Obtain applicant’s signature and date verifying that the sterilization surgery was completed; and

(2) Submit the form to the administrator at the address on the form within 10 days following the end of the monthly period after retaining the copy designated for the payee at the bottom of the form.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 2803.03 Invoice of Sterilization Surgeries, Exams, and Immunizations {#sec-agr-2803.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2803.03}

(a) Only numbered invoice pads provided to the participating veterinarian by the department shall be acceptable for reimbursement submissions.

(b) A “Monthly Invoice No.” shall be:

(1) Completed by the participating veterinarian; and

(2) Submitted to the program administrator within 10 days of the end of the month in which the sterilization surgery or immunization was performed under the program.

(1) Payee’s name and address;

(2) That the payee certifies that the invoice is correct in all its particulars;

(3) Authorized payee’s signature, title, and date signed;

(4) Sterilization surgeries for the calendar month indicated;

(5) Number of female dogs receiving sterilization surgery or immunization in each of the following weight categories:

a. Up to 25 lbs.;

b. 26-50 lbs.;

c. 51-75 lbs.; and

d. Over 75 lbs.;

(6) Number of female cats receiving sterilization surgery or immunization at any weight;

(7) Number of male dogs receiving sterilization surgery or immunization in each of the following weight categories:

a. Up to 25 lbs.;

b. 26-50 lbs.;

c. 51-75 lbs.; and

d. Over 75 lbs.; and

(8) Number of male cats receiving sterilization surgery or immunization at any weight.

(d) Total reimbursement for the month indicated shall be determined by participating veterinarian:

(1) Separately listing the amount of sterilization surgeries performed on dogs by sex and weight;

(2) Separately listing the amount of sterilization surgeries performed on cats, of any weight, by sex;

(3) Separately listing the unit cost of each sterilization surgery performed;

(4) Multiplying the number of sterilization surgeries by their respective unit cost to calculate the subtotals;

(5) Adding the subtotals to calculate the sterilization surgical total;

(6) Indicating total payment received from applicant and subtracting that total from the sterilization surgical total;

(7) Adding the total immunization costs, not to exceed $25 per immunization, to the total determined from (6) above; and

(8) Adding the total examination fee.

(e) The administrator shall sign and date indicating that the invoice form was received from the participating veterinarian.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 2804 Administrative Procedures

N.H. Code Admin. R. Ann. Agr 2804.01 Administrator’s Duties {#sec-agr-2804.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2804.01}

The administrator shall:

(a) Verify eligibility to participate in the program, under RSA 437-A:3, I, through the procedures specified in Agr 2802.01;

(b) Maintain an up-to-date list of participating veterinarians;

(c) As required by RSA 437-A:4, I, calculate the average sterilization fees for dogs and cats of all the participating veterinarians;

(d) Disqualify any sterilization fee deemed unreasonable, in accordance with Agr 2804.03 and notify the veterinarian or veterinarian practice; and

(e) Notify participating veterinarians as outlined in Agr 2803.01(e)(10) when the funds for the program become depleted so they may stop performing surgeries, administering vaccines, or conducting other activities under this program.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 2804.02 Funding Fees Collected {#sec-agr-2804.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2804.02}

(a) Cities and towns shall:

(1) Forward the yearly animal population control fees collected in conjunction with the dog licensing fees, in accordance with RSA 466:4, I(b), to the department;

(2) Remit fees collected no later than May 15th; and

(3) Make the checks payable to “Treasurer State of NH.”

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 2804.03 Unreasonable Fees by Participating Veterinarians {#sec-agr-2804.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2804.03}

(a) Any sterilization or physical examination fees equal to or greater than 20 percent more than the average fees of other participating veterinarians shall be deemed unreasonable by the administrator and shall be disqualified.

(b) Upon notification by the administrator that the fee is unreasonable, the participating veterinarian may agree to lower any unreasonable fee in order to participate in the program.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 2804.04 Monthly Submissions {#sec-agr-2804.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 2804.04}

Each participating veterinarian shall submit complete and correct “Monthly Invoices” and the “Application for Sterilizing a Dog or Cat” no later than 10 days immediately following the end of that monthly period.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

Part Agr 2805 Complaints, Violations and Fines

N.H. Code Admin. R. Ann. Agr 2805.01 Complaint {#sec-agr-2805.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 2805.01}

A complaint may be filed by any person, in accordance with the following provisions:

(a) A complaint shall be sent by first class mail to the department containing the following:

(1) The complainant’s name and address;

(2) The alleged violator’s name and address; and

(3) A description of animal involved, if applicable;

a. A detailed description of the alleged violation committed; and

b. The signature of the complainant;

(b) If the complaint alleges a violation against a participating veterinarian, a copy of the complaint shall be forwarded by the department to the administrator and the New Hampshire board of veterinary medicine; and

(c) If the complaint alleges a violation against a person under one of the programs listed in Agr 2801.02(a) and RSA 437-A:3, I, a copy of the complaint shall be forwarded by the department to the administrator and the New Hampshire department of health and human services, division of human services.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 2805.02 Notification of Violation {#sec-agr-2805.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 2805.02}

The alleged violator shall be notified of:

(a) The alleged violation;

(b) The proposed administrative action;

(c) The intent to hold an adjudicatory hearing, as necessary in accordance with the department’s rules of practice and procedure, Agr 200; and

(d) The applicability of Agr 200, to the proceedings in the case.

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

N.H. Code Admin. R. Ann. Agr 2805.03 Administrative Fine {#sec-agr-2805.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 2805.03}

Any person who violates the rules adopted in accordance with RSA 437-A under this chapter or the statutory provisions of RSA 437-A shall be subject to an administrative fine of up to $1,000 for each violation, pursuant to RSA 437-A:6 and processes set forth in Agr 200.

APPENDIX

Rule

Specific State Statute which the Rule is Intended to Implement

Agr 2801.01

RSA 437-A:2; RSA 437-A:3

Agr 2801.02

RSA 437-A:3

Agr 2801.03

RSA 437-A:1, RSA 541-A:7

Agr 2802

RSA 437-A:3

Agr 2803

RSA 437-A:4

Agr 2804

RSA 437-A:4-a

Agr 2805

RSA 437-A:6

History

#5840, eff 6-17-94; ss by #6786, eff 7-1-98, EXPIRED: 7-1-06
#10568, eff 4-18-14; ss by #14129, eff 11-26-24, EXPIRES: 11-26-34

Chapter Agr 3000 Licensing of Cats

Part Agr 3001 Identification of Cats

N.H. Code Admin. R. Ann. Agr 3001.01 Identification {#sec-agr-3001.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3001.01}

Pursuant to RSA 466:13-a the following shall be used as methods of identification of cats:

(a) Collars affixed with metal identification plates;

(b) Numbered ear tags;

(d) Surgically implanted microchips.

APPENDIX

RULE

STATE STATUTE

Agr 3000

RSA 466:13-a

History

#6274, eff 6-25-96; ss by #7907, eff 6-24-03, EXPIRED: 6-24-13
#10473, eff 11-27-13

Chapter Agr 3300 Testing of Domestic Animals

Part Agr 3301 Testing Fees

N.H. Code Admin. R. Ann. Agr 3301.01 Statement of Purpose {#sec-agr-3301.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3301.01}

The purpose of these rules is to set fees for testing of domestic animals, upon the request of an animal owner or event organization, that are performed by employees of the division of animal industry of the department of agriculture, markets and food or any other approved agent.

History

#7285, eff 5-24-00, EXPIRED: 5-24-08
#9181, eff 6-13-08, EXPIRED: 6-13-16
#12678, eff 11-20-18

N.H. Code Admin. R. Ann. Agr 3301.02 Definitions {#sec-agr-3301.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 3301.02}

(a) “Back yard flocks” means poultry being raised by any person generating less than $1,000 in gross annual revenue from the sale of eggs, meat, live birds, or any combination thereof.

(b) “Commercial flocks” means poultry being raised by any person generating more than $1,000 in gross annual revenue from the sale of eggs, meat, live birds, or any combination thereof.

(d) “Event organization” means that person that is putting on the event.

(e) “Livestock events” means pulling contests, trail rides, carriage events, horse shows, races, dressage exhibitions, private or organized sales and other competitive events of horses, cattle, and oxen.

(f) “Mileage expense” means the one way mileage from the tester’s official headquarters to the location where birds will be tested then to the New Hampshire Veterinary Diagnostic Laboratory in Durham, NH, at a rate set by the state each year in accordance with the provisions of the collective bargaining agreement.

(g) “Person” means any individual(s), firm, corporation, or other entity(ies).

(h) “Poultry” means meat and egg type chickens, turkeys, birds of prey, exhibition and game birds, such as pheasant and quail, and hatching eggs thereof.

(i) “Show birds” means poultry used for show and exhibition.

(j) "State" means the state of New Hampshire.

(k) “Testing fee” means that amount of money collected for tests performed on domestic animals by the commissioner or his delegated authority.

History

#7285, eff 5-24-00, EXPIRED: 5-24-08
#9181, eff 6-13-08, EXPIRED: 6-13-16
#12678, eff 11-20-18

N.H. Code Admin. R. Ann. Agr 3301.03 Fees for Testing Poultry {#sec-agr-3301.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 3301.03}

(a) Commercial flocks, not including waterfowl, testing fees shall be as follows:

(1) Salmonella pullorum testing shall be $.54 per bird for microagglutination;

(2) Mycoplasma gallisepticum and Mycoplasma synoviae testing shall be $2.38 per bird for a combination test by enzyme linked immunosorbent assay;

(3) Avian influenza testing shall be $0.62 for agar gel immunodiffusion; and

(4) Mileage expenses.

(b) Back yard flocks and show birds, not including waterfowl, testing fees shall be as follows for avian influenza and Salmonella pullorum:

(1) A minimum fee of $25 for up to 50 birds;

(2) Any amount over 50 birds shall be charged a fee of $1.00 per bird; and

(3) Mileage expenses.

(1) Only be collected while staff is on-site collecting avian influenza and Salmonella pullorum samples; and

(2) Be billed by the laboratory directly to the flock owner at the current cost charged by the lab for such test.

(d) Waterfowl testing fees shall:

(1) Include mileage expenses for department staff;

(2) Be discussed with the flock owner prior to samples being submitted to the laboratory; and

(3) Be billed by the laboratory directly to the flock owner at the current cost charged by the lab for such test.

History

#7285, eff 5-24-00, EXPIRED: 5-24-08
#9181, eff 6-13-08, EXPIRED: 6-13-16
#12678, eff 11-20-18

N.H. Code Admin. R. Ann. Agr 3301.04 Fees for Testing at Livestock Events {#sec-agr-3301.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 3301.04}

(a) Fees for testing animals in livestock events shall be for reimbursement to the state for expenses incurred by the division of animal industry of the department of agriculture, markets and food.

(b) The reimbursement fee shall be mileage expenses and the hourly expense of the employee, at the employee’s current pay rate, for the time spent to travel and collect and process samples, and to process the paper work.

(c) Fees shall be billed by the division of animal industry of the department of agriculture, markets, and food to the event organization.

(d) The event organization shall be responsible for the reimbursement of the fees.

History

#7285, eff 5-24-00, EXPIRED: 5-24-08
#9181, eff 6-13-08, EXPIRED: 6-13-16
#12678, eff 11-20-18

N.H. Code Admin. R. Ann. Agr 3301.05 Lodging Fees {#sec-agr-3301.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 3301.05}

(a) Fees for lodging necessary for testing animals shall be for reimbursement to the state for expenses

incurred by the division of animal industry of the department of agriculture, markets, and food.

(b) Fees for lodging shall be consistent with Department of Administrative Services – Manual of

procedures, Section 1107, Lodging Reimbursement Policy:

(1) Lodging expenses incurred by employees shall be reimbursable if authorized by the department head and the location of the work assignment or hotel location is at least 50 miles away from the employee’s official headquarters and the employee’s residence;

(2) Advance payment by the state shall be one night only when advance payment is required for lodging services;

(3) Lodging expenses paid or reimbursed by the state shall be for state employees only;

(4) Additional expenses or room upgrades, incurred for family or friends accompanying the employee, shall not be reimbursable; and

(5) Original hotel invoices shall be submitted and personal and other non-allowable expenses must be deducted from the total.

(a) Fees shall be billed by the division of animal industry of the department of agriculture, markets,

and food to the flock owner or event organization.

(b) The flock owner or event organization shall be responsible for the reimbursement of the fees.

APPENDIX

Rule

Specific State Statute the Rule Implements

Agr 3301.01-3301.02

RSA 436:115, I

Agr 3301.03-3301.05

RSA 436:115, I-II

History

#12678, eff 11-20-18

Chapter Agr 3500 had formerly contained rules titled Breeder’s Health Certificate for Dogs and Cats.” Document #7639 had adopted Chapter Agr 3500, effective 1-30-02, which expired 1-30-10 but was adopted again by Document #9819, effective 11-20-10, which expired 11-20-18. The rules had implemented RSA 437:13-a, V and RSA 466:6-a, V-a, which was repealed by 2013, 38:10, III, effective 8-3-13.

Part Agr 3501 Reasonable Daily Boarding and Care

N.H. Code Admin. R. Ann. Agr 3501.01 Maximum fees {#sec-agr-3501.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3501.01}

The daily maximum allowable fees shall be:

(a) No more than $20 per non-livestock animal, using the definition of livestock in RSA 21:34-a,(II),(a),(4), regardless of species;

(b) No more than $40 per non-poultry livestock animal; and

History

#13208, eff 6-1-21 (see Revision Note at chapter heading for Agr 3500)

Part Agr 3502 Equitable Access to Funds

N.H. Code Admin. R. Ann. Agr 3502.01 Review process {#sec-agr-3502.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3502.01}

(a) All applications shall be for reimbursement of costs already incurred, and which are supported by the required documentation. There shall be no pre-approval for anticipated or other ineligible costs.

(b) Review of applications by the commissioner shall occur within the first 10 business days of January, April, July, and October of each year.

(d) The completed “Cost of Care Reimbursement Form for Municipalities” shall be sent to “Commissioner, New Hampshire Department of Agriculture, Markets & Food, PO Box 2042, Concord, NH 03302-2042” or hand-delivered to New Hampshire Department of Agriculture, Markets & Food, State House Annex, 25 Capitol Street, Second Floor, Concord, NH 03301.

(e) To be considered during the next review period, a completed application must be received by the commissioner’s office before close of business on December 31 for January review, March 31 for April review, June 30 for July review, or September 30 for October review.

(f) In accordance with RSA 437-B:1, III, the commissioner shall respond to the application within 15 days, acknowledging receipt and any missing documentation that shall be required for approval.

(g) Incomplete applications will not be considered until all required materials have been submitted to the department.

(h) If available funds are not adequate to fully reimburse all complete, approved applications, each applicant shall be considered for a pro-rated portion as total available funds in the cost of care account, RSA 437-B:1, will allow.

(i) Per RSA 437-B:1, III, no individual application shall be reimbursed more than $500,000.

History

#13208, eff 6-1-2121 (see Revision Note at chapter heading for Agr 3500)

N.H. Code Admin. R. Ann. Agr 3502.02 Pre-requisites {#sec-agr-3502.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 3502.02}

No application shall be considered unless:

(a) It is submitted on the “Cost of Care Reimbursement Form for Municipalities”;

(b) In accordance with RSA 437-B:1, I, the payee is a municipality currently registered as a vendor with state treasurer and that is eligible for payment from state funds; and

(c) In accordance with RSA 437-B:1, III, criminal charges have been filed pursuant to RSA 644:8 or RSA 644:8-a in the case referenced on the “Cost of Care Reimbursement Form for Municipalities”.

History

#13208, eff 6-1-2121 (see Revision Note at chapter heading for Agr 3500)

Part Agr 3503 Emergency Veterinary Treatment

N.H. Code Admin. R. Ann. Agr 3503.01 Emergency veterinary treatment {#sec-agr-3503.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3503.01}

Application for reimbursement of emergency veterinary treatment shall:

(a) Be made as part of the regular application process;

(b) Be accompanied by a written statement from a veterinarian currently licensed pursuant to RSA 332-B indicating that the specific treatment was necessary and appropriate;

(d) Be capped at $5000 per court case.

History

#13208, eff 6-1-2121 (see Revision Note at chapter heading for Agr 3500)

Part Agr 3504 Forms

N.H. Code Admin. R. Ann. Agr 3504.01 Cost of Care Reimbursement Form for Municipalities {#sec-agr-3504.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3504.01}

(a) The “Cost of Care Reimbursement Form for Municipalities” may be submitted once per review period, by an arresting officer or their designee, on behalf of a municipality, to the commissioner, in order to apply for reimbursement of the costs of care incurred from caring for animals pending the resolution of any action brought for animal cruelty under RSA 644:8 or RSA 644:8-a.

(b) The arresting officer or their designee shall provide the following on the form:

(1) Municipality name;

(2) Municipality business address;

(3) Municipality business telephone number;

(4) Name and title of arresting officer;

(5) Court case title and docket number;

(6) Municipality vendor identification number;

(7) Certification by the arresting officer or their designee that the application is correct in all its particulars; and

(8) Arresting officer or designee signature, title, and date signed.

(1) Indicating the date range and total number of days covered by the application;

(2) Separately listing for non-livestock animals:

a. The number of non-livestock animals for which care was provided on each day of the specified date range; and

b. The total number of reimbursable days by adding the total number of non-livestock animals cared for on each day of the specified date range;

(3) Multiplying the total number of reimbursable non-livestock days by $20;

(4) Separately listing the number of days of boarding and care provided for livestock animals;

a. The number of livestock animals for which care was provided on each day of the specified date range; and

b. The total number of reimbursable days by adding the total number of livestock animals cared for on each day of the specified date range;

(5) Multiplying the total number of reimbursable livestock days by $40;

(6) Separately listing the number of days of boarding and care provided for poultry animals:

a. The number of poultry animals for which care was provided on each day of the specified date range; and

b. The total number of reimbursable days by adding the total number of poultry animals cared for on each day of the specified date range;

(7) Multiplying the total number of reimbursable poultry days by $5;

(8) Separately listing costs incurred by animal for emergency veterinary care, not to exceed $500 per animal, during the specified date range;

(9) Adding the total for emergency veterinary care, not to exceed $5000 per court case, during the specified date range;

(10) Adding the subtotals to calculate the requested reimbursement total; and

(11) Attaching to the form:

a. Invoices or billing records from entities providing routine daily boarding and care of animals, including the date range, total fee, the daily fee per animal, and the numbers and types of animals cared for;

b. Invoices from veterinarians who provided emergency veterinary treatment; and

c. Written statements from veterinarians who provided emergency veterinary treatment indicating that the specific treatment was necessary and appropriate.

(d) The form shall include a place for the administrator to sign and date that the administrator received the invoice from the participating veterinarian.

(e) An applicant shall be notified of an incomplete application at the time of receipt by the commissioner in accordance with RSA 541-A:29.

(f) Upon review by the commissioner, if an applicant meets the requirements of Agr 3502.01, then the commissioner shall:

(1) Sign and date Part 2 – Certification by Commissioner section of the form certifying approval was granted; and

(2) Submit the form to the state treasurer for payment.

APPENDIX

RULE NUMBER

STATUTE IMPLEMENTED

Agr 3501

RSA 437:9, V

Agr 3502 thru Agr 3504

RSA 437-B:1, IV

History

#13208, eff 6-1-2121 (see Revision Note at chapter heading for Agr 3500)

Chapter Agr 3700 Treatment of Horses

Part Agr 3701 Purpose

N.H. Code Admin. R. Ann. Agr 3701.01 Purpose {#sec-agr-3701.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3701.01}

The purpose of these rules is to assure the adequate treatment of horses, including all other equine species.

History

#7989, eff 11-21-03, EXPIRED: 11-21-11
#10105, eff 4-4-12

Part Agr 3702 Definitions

N.H. Code Admin. R. Ann. Agr 3702.01 Definitions {#sec-agr-3702.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3702.01}

(a) "Equine" means horses, asses, mules, donkeys, zebras, ponies or any other caballus species.

(b) "Commissioner" means the commissioner of agriculture, markets and food.

(c) "Exercise" means the performance of physical exertion for improvement or maintaining of health or the correction of physical deformity.

History

#7989, eff 11-21-03, EXPIRED: 11-21-11
#10105, eff 4-4-12

Part Agr 3703 Proper Care

N.H. Code Admin. R. Ann. Agr 3703.01 Requirements for Proper Care of Equine {#sec-agr-3703.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3703.01}

(a) Regular foot care and maintenance shall be provided at least every 8 to 12 weeks.

(b) Regular tooth care and maintenance shall be performed at the recommendation of your veterinarian.

History

#7989, eff 11-21-03, EXPIRED: 11-21-11
#10105, eff 4-4-12

Part Agr 3704 Shelter Available and Exercise

N.H. Code Admin. R. Ann. Agr 3704.01 Shelter Requirements {#sec-agr-3704.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3704.01}

(a) Barns with stalls shall be:

(1) Structurally sound and maintained in good repair;

(2) Ventilated either by natural means or mechanical means of exhaust fans or air conditioners, or any combination of natural and mechanical means.

(3) Structured with natural light;

(4) Adequate in size in box stalls for animals to move freely about;

(5) Structured with standing stalls that are a minimum of 5 feet wide and 8 feet long for equines over 750 pounds and 4 feet wide by 7 feet long for equines under 750 pounds; and

(6) Bedded with dry material to prevent animals from laying in moisture.

(b) The 3 sided shelters shall be:

(1) Structurally sound and maintained in good repair; and

(2) Adequate in size for all animals in the paddock or pasture to enter at once, including a minimum of 100 square feet per equines over 750 pounds and 50 square feet per equines under 750 pounds.

History

#7989, eff 11-21-03, EXPIRED: 11-21-11
#10105, eff 4-4-12

N.H. Code Admin. R. Ann. Agr 3704.02 Exercise Requirements {#sec-agr-3704.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 3704.02}

(a) Adequate and suitable exercise shall be:

(1) Turning the equine out into an area, paddock, barnyard, or pasture so it can move freely with enough room to run if it desired to do so;

(2) Training for riding, racing, driving or any movement that provides physical exertion; or

(3) Competition such as, but not limited to, racing, pulling, gymkhana, hunter jumper, endurance, trail riding or any use that requires exertion.

(b) Exercise shall be limited, prevented or controlled for the purpose of convalescence due to lameness or any condition that requires forced rest.

History

#7989, eff 11-21-03, EXPIRED: 11-21-11
#10105, eff 4-4-12

Part Agr 3705 Proper Feeding

N.H. Code Admin. R. Ann. Agr 3705.01 Feeding Requirements {#sec-agr-3705.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3705.01}

(a) All equine species shall:

(1) Receive good quality roughage in proportion to their size, age, temperament and amount of work they are required to perform;

(2) Receive grain to supplement the roughage to meet daily nutritional requirements;

(3) Be fed on a regular daily schedule;

(4) Be fed a diet that is clean and free of excessive moisture;

(5) Be fed a diet that is free of mold or any type of spoilage; and

(6) Have a sufficient quantity of fresh water available to maintain hydration.

History

#7989, eff 11-21-03, EXPIRED: 11-21-11
#10105, eff 4-4-12

Part Agr 3706 Enforcement

N.H. Code Admin. R. Ann. Agr 3706.01 Penalty {#sec-agr-3706.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3706.01}

Failure to comply with these rules or RSA 435:11-15 shall subject the owner of an equine to the penalty provisions of RSA 435:16.

Appendix

Rule

Specific State Statute the Rule Implements

Agr 3701

RSA 435:12

Agr 3702

RSA 435:12

Agr 3703

RSA 435:12

Agr 3704

RSA 435:14

Agr 3705

RSA 435:13

Agr 3706

RSA 435:16

History

#7989, eff 11-21-03, EXPIRED: 11-21-11
#10105, eff 4-4-12

Chapter Agr 3800 Invasive Species

Part Agr 3801 Invasive Species

N.H. Code Admin. R. Ann. Agr 3801.01 Purpose {#sec-agr-3801.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3801.01}

These rules have been established to:

(a) Prevent and control the spread of invasive plant, insect, and fungal species;

(b) Minimize the adverse environmental and economic effects invasive species cause to agriculture, forests, wetlands, wildlife, and other natural resources of the state; and

History

#8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17

N.H. Code Admin. R. Ann. Agr 3801.02 Definitions {#sec-agr-3801.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 3801.02}

(a) "Alien species " means "alien species" as defined in RSA 430:52 I, namely, "with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating or reproducing that species, that is not native to that ecosystem."

(b) "Commissioner" means "commissioner" as defined in RSA 430:52 II, namely "the commissioner of agriculture, markets, and food."

(c) "Control" means "control" as defined in RSA 430:52 IV, namely, "as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions."

(d) "Department" means the department of agriculture, markets, and food.

(e) "Fungi" means "fungi" as defined in RSA 430:52 V, namely, "all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals."

(f) "Insect" means "insect" as defined in RSA 430:52 VI, namely, "any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as, for example, spiders, mites, ticks, centipedes, and wood lice."

(g) "Invasive species" means "invasive species" as defined in RSA 430:52 VII, namely, "an alien species whose introduction causes or is likely to cause economic or environmental harm or harm to human health."

(h) "Invasive species committee" means the invasive species committee as established in RSA 430:54 to advise the commissioner on matter relating to invasive plant, insect and fungal species in the state for the commissioner to prepare and publish annually the New Hampshire prohibited invasive species list and the New Hampshire restricted invasive species list.

(i) "Native species" means "native species" as defined in RSA 430:52 VIII, namely, "with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred, or currently occurs in that ecosystem."

(j) "Outreach" means the temporary use of an invasive species for the purpose of conducting a workshop or symposium.

(k) "Person" means "person" as defined in RSA 430:52 IX, namely, "any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof."

(l) "Propagation" means purposefully increasing the population of a species by means of manipulating its sexual, asexual or both reproduction processes.

(m) "Propagule" means any living part of a plant or fungus such as stem or root segments, seeds, spores, buds, nodes, corms, or bulblets that can become detached and form a new organism.

(n) "Processed products" means any commodity derived from a plant, insect, or fungi species that has undergone treatment(s) that has rendered the commodity non-living and non-viable such as jellies, veneers, and roof thatch.

History

#8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17

Part Agr 3802 Nh Prohibited Invasive Species

N.H. Code Admin. R. Ann. Agr 3802.01 NH Prohibited Invasive Species {#sec-agr-3802.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3802.01}

(a) The following species, listed by scientific name in the New Hampshire prohibited invasive species list in Table 3800.1, shall be prohibited:

Table 3800.1 New Hampshire Prohibited Invasive Species List

Prohibited Plant Species

Scientific name

Synonyms

Common name

Acer platanoides L.

Acer platanoides var. schwedleri Nichols.

Norway maple

Ailanthus altissima (P. Mill.) Swingle

Ailanthus glandulosa Desv.

Tree of heaven

Alliaria petiolata (Bieb.) Cavara &

Grande

Alliaria alliaria (L.) Britt.; Alliaria officinalis Andrz. ex Bieb.; Erysimum alliaria L.; Sisymbrium alliaria (L.) Scop.

Garlic mustard

Alnus glutinosa (L.) Gaertn.

Alnus alnus (L.) Britt.; Betula alnus L. var. glutinosa L.

European black alder

Berberis thunbergii DC.

Japanese barberry

Berberis vulgaris L.

European barberry

Celastrus orbiculatus Thunb.

Oriental bittersweet

Centaurea stoebe L. ssp. micranthos

(Gugler) Hayek

Centaurea biebersteinii DC.; Centaurea maculosa Lam., misapplied; Centaurea maculosa Lam. ssp. micranthos Gugler

Spotted knapweed

Cynanchum louiseae Kartesz &

Gandhi

Cynanchum nigrum (L.) Pers.; Vincetoxicum nigrum (L.) Pers.

Black swallow-wort

Cynanchum rossicum (Kleopow) Borhidi

Cynanchum medium , of authors not R. Br.; Vincetoxicum medium , of authors not (R. Br.) Dcne.; Vincetoxicum rossicum (Kleopow) Barbarich

Pale swallow-wort

Elaeagnus umbellata Thunb. var.

parvifolia (Royle) Schneid.

Elaeagnus parvifolia Royle

Autumn olive

Euonymus alatus (Thunb.) Sieb.

Celastrus alatus Thunb.

Burning bush

Frangula alnus P. Mill.

Rhamnus frangula L.

Glossy buckthorn

Glyceria maxima (Hartman) Holmb.

Glyceria spectabilis Mert. & Koch; Molinia maxima Hartman

Reed sweet grass

Heracleum mantegazzianum Sommier & Levier

Giant hogweed

Hesperis matronalis

Dames rocket

Impatiens glandulifera Royle

Impatiens roylei Walp.

Ornamental jewelweed

Iris pseudacorus L.

Water-flag

Lepidium latifolium L.

Cardaria latifolia (L.) Spach

Perennial pepperweed

Ligustrum obtusifolium Sieb. & Zucc.

var. obtusifolium

Ligustrum obtusifolium var. leiocalyx (Nakai) H. Hara

Blunt-leaved privet

Ligustrum vulgare L.

Common privet

Lonicera japonica Thunb.

Nintooa japonica (Thunb.) Sweet

Japanese honeysuckle

Lonicera maackii (Rupr.) Herder*

Amur honeysuckle*

Lonicera morrowii Gray*

Morrow's honeysuckle*

Lonicera tatarica L.*

Tartarian honeysuckle*

Lonicera ×bella Zabel*

Lonicera morrowii × L. tatarica

Bella honeysuckle*

Lysimachia nummularia L.

Moneywort

Microstegium vimineum (Trin.) A. Camus

Andropogon vimineum Trin.; Eulalia viminea (Trin.) Kuntze

Japanese stilt grass

Persicaria perfoliata (L.) H. Gross

Ampelygonum perfoliatum (L.) Roberty & Vautier; Polygonum perfoliatum L.

Mile-a-minute weed

Pueraria montana (Lour.) Merr. var.

lobata (Willd.) Maesen & S. Almeida

Dolichos lobatus Willd.; Pueraria lobata (Willd.) Ohwi; Pueraria thunbergiana (Sieb. & Zucc.) Benth.

Kudzu

Reynoutria japonica Houtt. var.

Japonica

Fallopia japonica (Houtt.) R. Decr.; Pleuropterus cuspidatus (Sieb. & Zucc.) Moldenke; Polygonum

cuspidatum Sieb. & Zucc.

Japanese knotweed

Reynoutria sachalinensis (F. Schmidt

ex Maxim.) Nakai

Fallopia sachalinensis (F.S. Petrop. ex Maxim.) R. Decr.; Polygonum sachalinense F. Schmidt ex Maxim.

Giant knotweed

Reynoutria ×bohemica Chrtek & Chrtková

Fallopia japonica × F. sachalinensis ; Fallopia ×bohemica (Chrtek & Chrtková) J.P. Bailey; Polygonum ×bohemicum (Chrtek & Chrtková) P.F. Zika & A.L. Jacobson

Bohemia knotweed

Rhamnus cathartica L.

Common buckthorn

Rosa multiflora Thunb. ex Murr.

Multiflora rose

Prohibited Insect Species

Scientific name

Synonyms

Common name

Acarapis woodi

honeybee tracheal mite

Adelges tsugae

Adelges tsugae Annand

hemlock woolly adelgid

Aeolesthes sarta (Solsky)

Pachydissus sartus Solsky,

city longhorn beetle

Agrilus planipennis ( Fairmaire)

Agrilus feretrius

emerald ash borer

Anoplophora glabripennis (Motschulsky)

Anoplophora nobilis (Ganglbauer); nthonomus aeneotinctus (Champion)

Asian longhorned beetle

Callidiellum rufipenne (Motschulsky)

cedar longhorned beetle

Dendrolimus sibiricus

Dendrolimus superans sibiricus (Chetverikov); Dendrolimus laricis (Chetverikov)

Siberian silk moth

Hylurgus ligniperda ( Latreille)

Bostrichus ligniperda (Fabricius); Bostrichus elongatus (Herbst); Bostrichus flavipes (Panzer)

redhaired bark beetle

Ips typographus (Linnaeus)

Ips octodentatus (Paykull); Ips japonicus (Niisima); Bostrichus octodentatus (Paykull)

European spruce bark beetle

Lycorma delicatula (White)

Aphaena delicatula (White)

spotted lanternfly

Lymantria dispar (Linnaeus)

Phalaena dispar (Linnaeus)

Asian gypsy moth

Popillia japonica

Japanese beetle

Pyrrhalta viburni

viburnum leaf beetle

Rhizotrogus majalis

European chafer

Lymantria monacha (Linnaeus)

Phalaena monacha (Linnaeus)

nun moth

Tetropium fuscum (Fabricius)

Isarthron fuscum (Fabricius); Callidium fuscum (Fabricius); Criomorphus fuscus (Fabricius); Tetropium fuscum var. velutinum (Demelt); Tetropium fuscum var. nigripennis (Demelt)

brown spruce longhorned beetle

Varroa destructor

Varroa mite

(b) No person shall collect, transport, import, export, move, buy, sell, distribute, propagate, or transplant any living and viable portion of any plant species, which includes all of their cultivars and varieties, listed in Table 3800.1, New Hampshire prohibited invasive species list.

(c) No person shall collect, transport, import, export, move, buy, sell, distribute, propagate, or release any living insect species listed in Table 3800.1, New Hampshire prohibited invasive species list.

History

#8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17

N.H. Code Admin. R. Ann. Agr 3802.02 Exemptions {#sec-agr-3802.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 3802.02}

(a) The commissioner and department employees, while acting in the performance of their duties, shall be exempt from the restrictions of this chapter relative to:

(1) Collection;

(2) Distribution;

(3) Transportation; or

(4) Propagation.

(b) Persons who have been granted an approved written variance from the department in accordance with Agr 3802.03 shall be exempt from the provisions of this chapter for one or more of the following activities:

(1) Collection;

(2) Transportation;

(3) Cultivation;

(4) Transplantation; or

(5) Propagation.

(c) Persons who utilize only nonliving and nonviable prohibited invasive species shall be exempt from the restrictions on collection, transportation, sale, and distribution for the following purposes:

(1) Outreach;

(2) Arts and crafts;

(3) Lumber;

(4) Firewood; or

(5) Processed products.

(d) Persons shall be exempt from collecting and transporting living and viable prohibited invasive species for purposes of:

(1) Maintaining a publicly-accessible herbarium, mycology or entomology collection;

(2) Disposal;

(3) Identification; or

(4) Interstate transport.

(e) Persons exempt as specified in (a), (b) and (d) shall ensure that viable living parts, seeds or propagules do not escape.

History

#8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17

N.H. Code Admin. R. Ann. Agr 3802.03 Variance Requests {#sec-agr-3802.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 3802.03}

(a) Any person may apply for a written variance to allow for temporary scientific use of prohibited invasive species for the collection, transportation, cultivation, transplantation, or propagation of prohibited invasive species provided the species shall not be:

(1) Sold;

(2) Distributed; or

(3) Allowed to escape.

(b) The approved use of the invasive species shall not result in any of the following:

(1) Environmental impacts;

(2) Economic damage; or

(3) Cause harm to human health.

(1) Applicant’s name, phone number, and mailing address;

(2) Business/affiliation’s name, phone number, and mailing address;

(3) Scientific name;

(4) Common name;

(5) Synonym(s);

(6) Cultivar(s);

(7) Taxonomic family;

(8) Country or state in which species is native;

(9) Cultural requirements;

(10) Temperature or climatic requirements;

(11) Sexual, asexual, or both reproductive methods;

(12) Purpose and need statement;

(13) Quantity and type of species such as plants, seeds, propagules, mature insects, larvae, eggs, etc.;

(14) Collection site, or source of species material;

(15) Project location, including a site map and a description of the habitat and adjacent land use where species will be held;

(16) Duration of project including starting and ending dates;

(17) Method of disposal; and

(18) Precautionary measures taken to prevent the species escape.

(d) Applications that are incomplete shall be deemed incomplete and a notice identifying the deficiencies shall be sent to the applicant.

(e) Applications that do not meet the department rules shall be denied and a notice shall be sent to the applicant.

(f) Persons holding an approved written variance shall, within 30 days of the completion of the project, submit written notification to the department describing results of the project.

(g) The approved variance from the department shall be nontransferable.

History

#8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17

N.H. Code Admin. R. Ann. Agr 3802.04 Disposal of Prohibited Invasive Species {#sec-agr-3802.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 3802.04}

Prohibited invasive species shall only be disposed of in a manner that renders them nonliving and nonviable.

History

#8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17

N.H. Code Admin. R. Ann. Agr 3802.05 Keeping of Records {#sec-agr-3802.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 3802.05}

Every nurseryman and plant dealer that meets the licensing requirements of Agr 2500 must retain for three years all invoices for all nursery stock purchased. The invoices shall include the total number of each species, scientific names, the name and address of the source nursery, and date of purchase. Such records must be made available upon request by the commissioner, director, or a nursery inspector during normal business hours.

History

#12084, eff 1-9-17

N.H. Code Admin. R. Ann. Agr 3802.06 Violations {#sec-agr-3802.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 3802.06}

(a) It shall be a violation for any person who collects, transports, imports, exports, moves, buys, sells, distributes, propagates, or transplants any living and viable portion of any plant species, which includes all of their cultivars and varieties, listed in Table 3800.1, New Hampshire prohibited invasive species list.

(b) Failure to comply with section Agr 3802.06(a) shall result in the assessment of administrative fines.

(c) The commissioner shall order any person who has been found in violation of these rules to take such measures to eradicate or control the invasive species as the commissioner may deem necessary. The required eradication or control measures shall be promptly implemented within the time period designated in the order. If the order is not implemented within the designated time frame, administrative fines, penalties, or both, pursuant to RSA 430:57, shall be levied.

(d) The administrative fine schedule shall be as follows:

(1) Frist offense, $100;

(2) Second offense, $200;

(3) Third offense, $300; and

(4) Fourth and subsequent offenses, $1,000.

APPENDIX

Rule

Specific State or Federal Statute or Regulations which the Rule Implements

Agr 3801.01-Agr 3801.02

RSA 430:51

Agr 3802.01

RSA 430:53 III

Agr 3802.02

RSA 430:55

Agr 3802.03

RSA 430:55, RSA 541-A:22, IV

Agr 3802.04

RSA 430:55

Agr 3802.05

RSA 433:51

Agr 3802.06

RSA 430:57

History

#12084, eff 1-9-17

Chapter Agr 3900 Produce Safety Farm Inspections

Part Agr 3901 Farm Inspectons

N.H. Code Admin. R. Ann. Agr 3901.01 Purpose {#sec-agr-3901.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.01}

These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 426-A:6 for the inspection of farms engaged in covered activities including the growing, harvesting, packing, and holding of covered produce in accordance with the Food Safety Modernization Act, 21 C.F.R. Part 112, 2016.

History

#12822, eff 7-3-19; ss by #13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.02 Scope {#sec-agr-3901.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.02}

These rules shall apply to any farm that engages in covered activities including growing, harvesting, packing, and holding of covered produce that is a raw agriculture commodity pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112, Subpart A General Provisions.

History

#12822, eff 7-3-19; ss by #13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.03 Definitions {#sec-agr-3901.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.03}

As used in these rules, the following terms shall have the meanings indicated:

(a) “Commissioner” means the commissioner of the department of agriculture, markets, and food of the state of New Hampshire;

(b) “Covered activity” means “covered activity” as defined in 21 C.F.R. Part 112.3, 2016;

(d) “Department” means the New Hampshire department of agriculture, markets, and food;

(e) “Egregious condition” means a practice, condition, or situation on a farm or in a packing house that is reasonably likely to lead to:

(1) Serious adverse health consequences or death from the consumption of or exposure to covered produce; or

(2) An imminent public health hazard if corrective action is not taken immediately; and

(f) “Farm” means “farm” as defined in RSA 426-A:1, III.

History

#12822, eff 7-3-19; ss by #13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.04 Produce Safety Practices {#sec-agr-3901.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.04}

The owner or operator of a farm shall comply with 21 C.F.R. Part 112, 2016, “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” of the Food and Drug Administration.

History

#12822, eff 7-3-19; ss by #13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.05 Inspections {#sec-agr-3901.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.05}

(a) The department shall conduct farm inspections pursuant to RSA 426-A:4.

(b) Initial inspections shall be conducted:

(1) On farms whose farming practices include covered activity as defined in 21 C.F.R. Part 112.3, 2016;

(2) As the first regulatory inspection activity to evaluate compliance with applicable regulations;

(3) With a focus on education unless egregious conditions are observed; and

(4) When covered produce is being grown, harvested, packed, or held for distribution.

(1) On farms whose farming practices include covered activity as defined in 21 C.F.R. Part 112.3, 2016;

(2) When covered produce is being grown, harvested, packed, and held for distribution; and

(3) Once every 3 years on or after the date of initial inspection.

(d) Follow-up inspections shall be conducted:

(1) To review changes in farming practices, or recordkeeping, on a farm, when noncompliance was noted during a routine inspection; and

(2) Within 30 days from the date received, of a written notification to the farm.

(e) For-cause inspections shall be conducted in response to a specific issue or produce safety concern, such as an outbreak, reported complaint, or recall.

History

#12822, eff 7-3-19; ss by #13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.06 Recordkeeping {#sec-agr-3901.06 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.06}

The owner or operator of a farm shall maintain records as stated in Subpart O-Records, in 21 C.F.R. Part 112, 2016, “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” of the Food and Drug Administration.

History

#12822, eff 7-3-19; ss by #13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.07 Enforcement {#sec-agr-3901.07 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.07}

The commissioner shall enforce the requirements of these rules when inspection findings cite non-compliances with any part of 21 C.F.R. Part 112, 2016, “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” of the Food and Drug Administration.

History

#13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.08 Compliance {#sec-agr-3901.08 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.08}

(a) Failure to comply with the requirements of 21 C.F.R. Part 112, shall result in issuance of written notice of non-compliance which includes the following:

(1) A description of each noncompliance;

(2) The facts upon which the notification of noncompliance is based; and

(3) The date by which the farm must rebut or correct each noncompliance and submit supporting documentation of each such correction when correction is possible.

(b) Each response to such notification shall be sent to the recipient's place of business via a delivery service which provides dated return receipts.

(c) When a farm demonstrates that each noncompliance has been resolved, the commissioner shall send a written notification of noncompliance resolution.

History

#13131, eff 11-18-20

N.H. Code Admin. R. Ann. Agr 3901.09 Stop Sale, Use or Removal Orders {#sec-agr-3901.09 omnilex-key=us-nh-regs-official--agency-agr--Agr 3901.09}

(a) When the commissioner, or his agents, believe farm products are being distributed in violation of the rules, the commissioner or agent shall issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such farm products.

(b) The farm products shall not be sold, used, or removed until the provisions of these rules have been complied with.

(c) Farm products shall be released by the commissioner once the violation has been corrected as provided for in these rules, or by an order of a court of competent jurisdiction.

APPENDIX A – State Statutes

Rule

Specific State Statute the Rule Implements

Agr 3900

RSA 426-A:6; 21 U.S.C. 301 et seq.; and 21 CFR 112

(Specific rules implementing specific statutes are listed below)

Agr 3901.03

RSA 426-A:1

Agr 3901.04

RSA 426-A:2

Agr 3901.05

RSA 426-A:4

Agr 3901.06

RSA 426-A:5

Agr 3901.07

RSA 426.A:2

Agr 3901.08

RSA 426:A:2

Agr 3901.09

RSA 426:A:4(b)II

APPENDIX B: Incorporated by Reference

Rule

Title

Obtained at:

Agr 3901.04

Food Safety Modernization Act, 21 C.F.R. Part 112, 2016, Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” of the Food and Drug Administration.

Online: https://www.fda.gov/Food/GuidanceRegulation/FSMA

History

#13131, eff 11-18-20

Chapter Agr 4000 Capital Improvement Program for State Fairs

Part Agr 4001 Purpose and Scope

N.H. Code Admin. R. Ann. Agr 4001.01 Capital Improvement Program for State Fairs {#sec-agr-4001.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4001.01}

Purpose of the Capital Improvement Program for State Fairs.

(a) The purpose of the Capital Improvement Program Grant Fund is to assist fairs with capital projects that make health and safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public.

(b) The intent is to advance, encourage, and protect agricultural fairs and exhibitions in New Hampshire.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4001.02 Capital Improvement Program for State Fairs {#sec-agr-4001.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 4001.02}

Scope. Only the commissioner or the commissioner’s designee shall approve applications and authorize disbursement from the fund, pursuant to RSA 425:19-a through RSA 425:19-f and these rules.

History

#13816, eff 12-1-23

Part Agr 4002 Definitions

N.H. Code Admin. R. Ann. Agr 4002.01 Capital Improvement Program for State Fairs {#sec-agr-4002.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4002.01}

Definitions.

(a) “Commissioner” means “commissioner” as defined in RSA 425:19-aa, I, namely “the commissioner of the department of agriculture, markets, and food.”

(b) “Department” means “department” as defined in RSA 425:19-aa, II, namely “the New Hampshire department of agriculture, markets, and food.”

(c) “Fair” means “fair” as defined in RSA 425:19-aa, III, namely “a member in good standing of the New Hampshire Association of Fairs and Expositions which is intended to promote agriculture and support rural economic development by including a balanced variety of exhibits of livestock and agricultural products as well as related arts and businesses, including products of farm home and educational contests, displays, and demonstrations designed to train youth and to promote agricultural awareness and rural economic development and living.”

(d) “Fund” means “fund” as defined in RSA 425:19-aa, IV, namely “the capital improvement program grant fund for fairs established in RSA 425:19-b.”

History

#13816, eff 12-1-23

Part Agr 4003 Applying for Capital Improvement for State Fairs Program Grant

N.H. Code Admin. R. Ann. Agr 4003.01 Capital Improvement for State Fairs Program Grant Application Eligibility {#sec-agr-4003.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4003.01}

(a) The fair applicant shall:

(1) Be a non-profit association located in New Hampshire;

(2) Be a full member in good standing with the New Hampshire Association of Fairs and Expositions;

(3) Annually hold events that offer contests or exhibits of 4-H members and clubs, Future Farmers of America members and clubs, granges, farm crops and domestic livestock competitions, or home crafts;

(4) Be managed by a board of directors who are responsible for the business affairs and operational activities and policies;

(5) Have a board of directors who are subject to and compliant with local, state, and federal laws and regulations;

(6) Have a treasurer who has charge of the financial affairs of the corporation and ensures that grant funds received from a state grant are used in accordance with the applicant’s proposal as approved by the commissioner;

(7) Operate a minimum of 3 consecutive, 8 hour days per year;

(8) Submit a capital improvement project that has a minimum useful life of 20 years and shall be completed within 2 years of execution of a contract to perform work authorized by the grant;

(9) Contribute matching funds or in-kind services in an amount equal to 30% or more of the value of the grant; and

(10) Not have completed the project for which the applicant seeks reimbursement.

(b) The commissioner shall waive a condition or criteria listed in Agr 4003.01(a) based on the information provided by the applicant if:

(1) The project substantially complies with the conditions for eligibility;

(2) The project supports the purposes of the grant program as stated in Agr 4001.01; and

(3) Any other factor that unfairly limits the applicant, for example, an applicant who operates 2 consecutive days instead of 3, but holds multiple operations per year.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4003.02 Deadline for Submitting an Application {#sec-agr-4003.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 4003.02}

The applicant shall submit the application by October 1st for the calendar year.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4003.03 Submitting an Application {#sec-agr-4003.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 4003.03}

The applicant shall mail a completed application and all attachments, in accordance with the deadlines established in Agr 4003.02 to:

Department of Agriculture, Markets, & Food

Office of the Commissioner

PO Box 2042, Concord, NH, 03302 -2042.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4003.04 Content of Application {#sec-agr-4003.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 4003.04}

(a) Any eligible fair under Agr 4003.01 wishing to obtain a Capital Improvement Program Grant shall apply for a grant by submitting the following applicant information in writing to the department:

(1) Name and location of the fair;

(2) Attestation that the fair is a non-profit in New Hampshire, is in good standing with the New Hampshire Association of Fairs and Expositions, and is in compliance with all local, state, and federal laws and regulations;

(3) Name, title, mailing address, email, and daytime telephone number of the individual who can answer questions on behalf of the applicant regarding the project;

(4) List of names and contact information for the board of directors and include any conflict of interest forms they have signed;

(5) List a treasurer’s name and contact information who will be responsible for complying with the requirements under RSA 425:19-c (V);

(6) List the dates and times the fair has been held in the past 3 years and the date and time of the fair in the coming year;

(7) For each of the 3 previous years the fair has been held, provide information of the following:

a. Area and population served;

b. Youth participation;

c. Attendance;

d. Gate receipts;

e. Number and type of exhibits and contests; and

f. Community support or number of volunteers;

(8) Describe how the fair has achieved success in its desired outcomes and purpose; and

(9) List improvements made to the grounds and facilities of the fair from year to year.

(b) Any eligible fair under Agr 4003.01 wishing to obtain a Capital Improvement Program Grant shall apply for a grant by submitting the following project information in writing to the department:

(1) A detailed description of the proposed project;

(2) A concise explanation of the need for the proposed project;

(3) A brief explanation of how the project will improve the health and safety of participants and the fair-going public;

(4) An estimated minimum useful life of the proposed project of at least 20 years;

(5) An estimated completion time frame after execution of a contract to perform work authorized by the grant of no more than 2 years;

(6) Provide a cost estimate from a contractor or provide details of costs for the fair to complete the project in house;

(7) If the fair is to complete the project in house, provide information of how the fair will be in compliance with all applicable construction standards and permitting requirements; and

(8) Provide documentation that at least 30% of the cost of the project is attributable to matching funds or in-kind services and will be kept in a separate account or accounting unit.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4003.05 Signature and Attestations {#sec-agr-4003.05 omnilex-key=us-nh-regs-official--agency-agr--Agr 4003.05}

(a) The applicant’s authorized representative shall sign and date the application.

(b) The signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that any permit granted based on false, incomplete, or misleading information shall be subject to revocation.

History

#13816, eff 12-1-23

Part Agr 4004 Department Review and Notice

N.H. Code Admin. R. Ann. Agr 4004.01 Review of Capital Improvement Program for State Fairs Grant Application {#sec-agr-4004.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4004.01}

(a) The department shall determine the application is eligible if:

(1) The application is complete and signed;

(2) The applicant is an eligible entity, unless the fair received a waiver under Agr 4003.01(b); and

(3) The proposed project is within the scope of projects identified in RSA 425:19-a, unless the fair received a waiver under Agr 4003.01(b).

(b) The department shall evaluate the eligible application based on the following criteria:

(1) Area, population served;

(2) Youth participation;

(3) Attendance;

(4) Gate receipts;

(5) Number and type of exhibits;

(6) Community support or number of volunteers;

(7) Evidence of success;

(8) Improvements over the years;

(9) Rural and farming nature of region served;

(10) Overall condition and appearance of grounds; and

(11) Any other condition that is necessary to ensure the safety of fair participants and the fair going public, such as compliance with the Americans with Disabilities Act, or obsolete, inefficient, or unsuitable facilities, or mechanical and building systems.

(c) The department shall rank order the applications and proceed down the list in descending order until all available funds have been allocated.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4004.02 Notice {#sec-agr-4004.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 4004.02}

(a) The department shall notify the applicant in writing of its eligibility determination within 30 days.

(b) If the department determines that the applicant’s project is not eligible, the notice sent pursuant to (a) above, shall specify the reasons(s) for the determination and inform the applicant that the department will reconsider the determination if the applicant submits modified or supplemental information within 30 days of the date of notice.

(c) If the applicant wants the department to reconsider its determination that a project is ineligible, the applicant shall submit modified or supplemental information within 30 days of the date of the notice and request the department to reconsider its decision in light of the new information.

(d) Upon receipt of a request to reconsider in light of new information, the department shall review the information and make a decision in accordance with (a) through (c), above, except that no further reconsideration shall be undertaken.

(e) If the department approves a grant application pursuant to (a) above, the department shall forward a grant agreement for signature by the applicant, and the applicant shall sign and return the application to the commissioner for execution.

History

#13816, eff 12-1-23

Part Agr 4005 Grant Agreement, Reporting, and Accounting

N.H. Code Admin. R. Ann. Agr 4005.01 Grant Agreement {#sec-agr-4005.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4005.01}

The grant agreement shall contain the following provisions:

(a) The amount of funds being provided;

(b) A description of the project;

(c) Grantee authorization to allow the department to inspect the capital improvement grant project from the time of the application and throughout all stages of renovation or construction, and implementation to include:

(1) The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which the grant was made; and

(2) Any and all books, accounts, records, contracts, or other instruments, documents, or other information possessed by the grantee or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of financial assistance;

(d) Proof of 30% of the cost of the project in a separate account or accounting unit;

(e) Agreement by the grantee to file interim reports bi-annually to the department to include:

(1) Photos of the project;

(2) Invoices and proof of payment; and

(3) Additional contracts or changes in the project work plan or budget;

(f) Agreement by the grantee to file a final completion report with the department not more than 2 years from the date of execution of the grant agreement to include:

(1) Certificate of completion;

(2) Invoices and proof of payment; and

(3) Photographs of the completed project;

(g) Agreement of the grantee to hold the capital improvement for a minimum of 15 years;

(h) Agreement by the grantee that the facilities shall be used for the express purpose of the grant;

(i) Attestation by the grantee that in all phases of implementation, the project will be in compliance with all applicable laws, construction standards, and permit requirements; and

(j) Attestation by the grantee that the grant funds received are used in accordance with the grantee’s proposal as approved by the commissioner.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4005.02 Funds Not Used {#sec-agr-4005.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 4005.02}

Any funds granted to the fair remaining after completion of the project shall be returned to the commissioner.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4005.03 Record Keeping {#sec-agr-4005.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 4005.03}

(a) The grantee shall use the calendar year as its fiscal year for keeping the books, records, and reports relative to the use of grant funds.

(b) Failure to keep financial records shall be considered sufficient cause for the department to withhold distribution of funds.

History

#13816, eff 12-1-23

N.H. Code Admin. R. Ann. Agr 4005.04 Failure to Comply {#sec-agr-4005.04 omnilex-key=us-nh-regs-official--agency-agr--Agr 4005.04}

If the grantee is found out of compliance with the provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of New Hampshire general obligation bonds issued most closely to the date of authorization of the grant.

APPENDIX A

Rule

Specific State Statute the Rule Implements

Agr 4001.01

RSA 425:19-a

Agr 4001.02

RSA 425:19-b

Agr 4002

RSA 425:19-aa

Agr 4003.01

RSA 425:19-c

Agr 4003.02

RSA 425:19-e, V

Agr 4003.03

RSA 425:19-d, I and II

Agr 4003.04(a)

RSA 425:19-c, RSA 425:19-d, I and II; RSA 425:19-e, II

Agr 4003.04(b)

RSA 425:19-c, VII and VIII; RSA 425:19-e, I and II

Agr 4003.05

RSA 425:19-e, II

Agr 4004.01(a)

RSA 425:19-a and b

Agr 4004.01(b)

RSA 425:19-d, II

Agr 4004.01(c)

RSA 425:19-d, II; RSA 425:19-e, I

Agr 4004.02

RSA 425:19-f

Agr 4005.01(a) and (b)

RSA 425:19-e, II

Agr 4005.01(c)

RSA 425:19-e, II; RSA 425:19-h

Agr 4005.01(d)

RSA 425:19-e, II; RSA 425:19-c, VIII

Agr 4005.01(e) and (f)

RSA 425:19-e, II

Agr 4005.01(g) and (h)

RSA 425:19-e, II and III

Agr 4005.01(i)

RSA 425:19-e, II

Agr 4005.01(j)

RSA 425:19-e, II and III

Agr 4005.02

RSA 425:19-e, III

Agr 4005.03(a)

RSA 425:19-h

Agr 4005.03(b)

RSA 425:19-i

Agr 4005.04

RSA 425:19-e, VI

History

#13816, eff 12-1-23

Chapter Agr 4100 Electronic Animal Records System

Part Agr 4101 Purpose

N.H. Code Admin. R. Ann. Agr 4101.01 Purpose {#sec-agr-4101.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4101.01}

This rule implements the animal records database created by RSA 437:8-a, which directs the department of agriculture, markets, and food to establish and contract with a third party for the implementation and operation of an electronic system to facilitate the handling of animal records.

History

#14163, eff 1-7-25

Part Agr 4102 Definitions

N.H. Code Admin. R. Ann. Agr 4102.01 Definitions {#sec-agr-4102.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4102.01}

(a) “Commissioner” means “commissioner” as defined in RSA 437:1.

(b) “Department” means the New Hampshire department of agriculture, markets, and food.

(d) “Official certificate of transfer” means “official certificate of transfer” as defined in RSA 437:8, I.

(e) "Official certificate of transfer waiver” means “official certificate of transfer waiver” as defined in RSA 437:8, III.

(f) “Animal shelter facility,” means “animal shelter facility” as defined in RSA 437:1, I.

(g) "Pet vendor" means “pet vendor” as defined in RSA 437:1, IV.

(h) “Fund” means “fund” as described in RSA 437:8-a,V.

(i) “Program” means the animal records database as described in RSA 437:8-a.

(j) “Program manager” means the person designated by the commissioner to oversee the implementation and operation of the program by the program vendor.

(k) “Program vendor” means a third party with which the department contracts for the implementation and operation of the program.

History

#14163, eff 1-7-25

Part Agr 4103 Pet Transfer Process

N.H. Code Admin. R. Ann. Agr 4103.01 Certificates of Transfer for Dogs, Cats, and Ferrets {#sec-agr-4103.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4103.01}

(a) An official certificate of transfer shall be created for each individual dog, cat, or ferret being transferred from one owner to another within the state animal records database by a New Hampshire licensed veterinarian or submitted by other means pursuant to an electronic filing waiver under Agr 4104.02. Animals transferred by animal shelter facilities may be exempt from this requirement pursuant to RSA 437:8, V.

(b) The New Hampshire licensed veterinarian shall enter the information required by RSA 437:8 and (c) below, for each individual dog, cat, or ferret, as follows:

(1) Electronically, through direct entry or upload to website at www.statevet.com, unless a waiver is requested and granted in accordance with Agr 4104.02 below; and

(2) Whenever information is not entered through a device with appropriate internet connection, all information entered shall be transmitted to the system no later than 4 p.m. on the next business day after the examination was conducted, unless an extension is requested and granted in accordance with Agr 4104.03.

(1) Name and address of the entity transferring ownership of the dog, cat, or ferret;

(2) Age of the dog, cat, or ferret;

(3) Gender of the dog, cat, or ferret;

(4) Breed of the dog, cat, or ferret;

(5) Microchip number, tattoo number, ear tag number, or physical description of the dog, cat, or ferret;

(6) A certification by the veterinarian that the dog, cat, or ferret is free from evidence of communicable diseases or internal or external parasites; and

(7) A list of all vaccines and medication administered to the dog, cat, or ferret. This list may either be included within or attached to the certificate.

History

#14163, eff 1-7-25

Part Agr 4104 Compliance, Waivers, and Extensions

N.H. Code Admin. R. Ann. Agr 4104.01 Compliance {#sec-agr-4104.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4104.01}

(a) The department shall perform data checks to ensure that the required transfer monitoring information submitted is accurate, complete, and timely.

(b) The department shall notify the veterinarian:

(1) When the veterinarian fails to submit the required official transfer certificate information within the required timeframe;

(2) When there are inaccuracies or omissions in the required official transfer certificate information submitted; and

(3) When a veterinarian fails to correct any inaccuracies or omissions.

(1) Correct any failures, inaccuracies, or omissions, within 72 hours of the date of receipt of notice from the department; and

(2) Comply with all provisions of this section or be subject to a referral to the board of veterinary medicine.

History

#14163, eff 1-7-25

N.H. Code Admin. R. Ann. Agr 4104.02 Electronic Filing Waivers {#sec-agr-4104.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 4104.02}

(a) Veterinarians that are unable to submit information electronically shall request an electronic filing waiver from the commissioner.

(b) A waiver request submitted pursuant to (a) above shall:

(1) Demonstrate the basis for an exemption from the requirement of electronic submission; and

(2) Include an alternative method by which the veterinarian will submit the required official transfer certificate information within the time frame specified in Agr 4103.01(b)(1). Alternative methods of submission shall be mutually agreed upon by the veterinarian and the commissioner.

(d) The commissioner shall examine the request for a waiver within 30 days of receipt and notify the requester of any apparent errors or omissions or need for any additional information.

(e) The commissioner shall approve or deny the completed request for a waiver within 60 days of receipt of a complete waiver or the waiver shall be automatically granted on the 61st day.

(f) A waiver shall be specific to one licensed veterinarian and non-transferable.

(g) A waiver shall be time-limited, not to exceed the veterinarian’s license expiration date.

(h) A waiver shall be subject to revocation if the bases for granting the waiver are determined to be no longer true.

History

#14163, eff 1-7-25

N.H. Code Admin. R. Ann. Agr 4104.03 Extensions {#sec-agr-4104.03 omnilex-key=us-nh-regs-official--agency-agr--Agr 4104.03}

(a) Veterinarians that are unable to submit required information within the required timeframe may request from the commissioner an extension of the timeframe by telephone or email and confirmed by email from the commissioner.

(b) The commissioner shall allow an extension for as long as the veterinarian is making a good-faith effort to submit the required information, but no longer than 72 hours after the established daily timeframe.

(d) Any veterinarian who in good faith reports to the program as required by RSA 437:8 shall be immune from any civil or criminal liability as the result of such good faith reporting.

History

#14163, eff 1-7-25

Part Agr 4105 Review and Reporting of Animal Records Database

N.H. Code Admin. R. Ann. Agr 4105.01 Review of Program Data {#sec-agr-4105.01 omnilex-key=us-nh-regs-official--agency-agr--Agr 4105.01}

(a) The department shall collect and monitor all animal records information required by RSA 437:8-a through software provided by the program vendor.

(b) The department shall review and evaluate the collected information for errors or completeness.

History

#14163, eff 1-7-25

N.H. Code Admin. R. Ann. Agr 4105.02 Reporting of Program Data {#sec-agr-4105.02 omnilex-key=us-nh-regs-official--agency-agr--Agr 4105.02}

(a) The department shall notify veterinarians when there are errors or incompleteness in the information filed.

(b) The department may use and release information and reports from the database for program analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided the data are aggregated or otherwise de-identified.

APPENDIX A

Rule

Specific State Statute the Rule Implements

Agr 4101

RSA 437:2; RSA 437:8; RSA 437:8-a

Agr 4102

RSA 437:2; RSA 437:8-a

Agr 4103

RSA 437:2; RSA 437:8-a; RSA 437:10; RSA 437:13-a

Agr 4104

RSA 437:2; RSA 437:8-a; RSA 437:10; RSA 437:13-a

Agr 4105

RSA 437:2; RSA 437:6; RSA 437:8-a

History

#14163, eff 1-7-25