reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:86 - Definitions; Doping and Stimulating Prohibited.

436:86 Definitions;  Doping and Stimulating Prohibited. –
I. In this subdivision:
(a) "Livestock event" means pulling contests, trail rides, carriage events, horse shows, races, dressage exhibitions, private and organized sales, and other competitive events involving horses, cattle or oxen.
(b) "Person" means any person who is acting on behalf of the owner of such animals as his agent or representative or any person who has the animals under his control during such livestock events in this state.
(c) "Owner" means any person who has in his possession clear title to animals participating in any livestock event in this state.
II. It is unlawful for any person to administer internally or externally a drug, stimulants, or appliances of a nature that could affect or alter the normal performance of an animal entered in a livestock event.
III. A signed statement of ownership, including a complete description of each animal participating in a livestock event, shall be submitted to the event management prior to participation in any such livestock event in this state.
Source.
1985, 72:1. 1987, 187:2. 1988, 80:1, eff. July 1, 1988.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:87 - Test Authorized.

436:87 Test Authorized. –
I. The commissioner of agriculture, markets, and food may take such tests of the saliva, urine, blood, or all 3, of any animal entered in a livestock event as he may deem necessary. If a drug is found in the chemical analysis of said saliva, urine, or blood it shall be prima facie evidence that a drug has been administered.
II. Failure by an owner or person to submit an animal for testing or failure to provide adequate assistance for the commissioner's agent to obtain an official sample shall be subject to an administrative fine and the provisions of RSA 436:88-a, III.
Source.
1985, 72:1. 1987, 187:2. 1988, 80:2. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:88 - Repealed by 1987, 187:4, I, eff. July 11, 1987.

436:88 Repealed by 1987, 187:4, I, eff. July 11, 1987. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:88-a - Penalty.

436:88-a Penalty. –
Within 14 days from the date test results in which a drug is shown to be present are received by the commissioner of agriculture, markets, and food, the commissioner shall notify the fair association or management of the livestock event and the owner of the tested animals of such results.
I. Any person or owner who violates any of the provisions of this subdivision or who violates any rules adopted under this subdivision, shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
II. In addition, any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
III. Any person or owner who is subject to paragraph I or II of this section shall forfeit any premiums or trophies offered at any livestock event. Such person or owner and the animals tested under RSA 436:87 shall be ineligible to compete in any future livestock event for a period not to exceed 2 years from the date of the administrative fine levied or any court conviction.
IV. Any person fined or convicted of doping and stimulating animals entered into livestock events in any other state shall be ineligible to compete in any livestock event in this state for a period not to exceed 2 years from the date of such fine or court conviction.
Source.
1987, 187:3. 1988, 80:3. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:89 - Repealed by 1987, 187:4, II, eff. July 11, 1987.

436:89 Repealed by 1987, 187:4, II, eff. July 11, 1987. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:90 - Rulemaking.

436:90 Rulemaking. –
The commissioner of agriculture, markets, and food shall adopt rules under RSA 541-A, relative to:
I. The method of levying the administrative fines under RSA 436:88-a, II.
II. The drugs, stimulants, or appliances that are prohibited in a livestock event.
Source.
1985, 72:1. 1988, 80:4. 1995, 130:5, eff. July 23, 1995. 2012, 171:20, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:91 - Repealed by 1987, 187:4, III, eff. July 11, 1987.

436:91 Repealed by 1987, 187:4, III, eff. July 11, 1987. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:92 - Veterinary Diagnostic Laboratory.

436:92 Veterinary Diagnostic Laboratory. –
There is hereby established, in the agriculture experiment station at the university of New Hampshire, a veterinary diagnostic laboratory for the diagnosis and early detection of infectious and contagious diseases of domestic animals which advanced medical knowledge has shown to be important to human or animal health. The laboratory shall conduct procedures in bacteriology, virology, parasitology, serology, and histological and clinical pathology and in such other subjects as the commissioner of agriculture, markets, and food shall direct. The laboratory shall be operated by the agricultural experiment station. Any funds made available for the operation of said laboratory shall be expended under the supervision of the commissioner of agriculture, markets, and food.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:92-a - Repealed by 2013, 99:2, eff. Nov. 1, 2013.

436:92-a Repealed by 2013, 99:2, eff. Nov. 1, 2013. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:93 - Definitions.

436:93 Definitions. –
In this subdivision:
I. "Accredited veterinarian" means a veterinarian who is licensed pursuant to RSA 332-B and, in addition, is accredited by the United States Department of Agriculture and the department of agriculture, markets, and food of this state.
II. "Asymptomatic positive reactor" means any equine which reacts positively to an official test but which is apparently healthy, showing no symptoms of equine infectious anemia.
II-a. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
III. "Equine" means any member of the equine family which includes horses, mules, asses and zebra.
IV. "Equine infectious anemia", also known as swamp fever, means a disease of equines caused by a virus which is infectious and may be spread from horse to horse by blood-sucking insects, unsterile surgical instruments and community use of equipment that may produce cuts or abrasions. Both sexes may be affected at any age. Infected animals remain carriers for life, constituting a potential source of disease spread. The disease may be acute, chronic, or inapparent.
V. "Official test" means the agar gel immune diffusion blood test conducted in a laboratory approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service and the state veterinarian.
VI. "Reactor" means an equine over one year of age whose blood serum reacts positively to an approved serological test for equine infectious anemia performed by an approved laboratory.
VII. "State veterinarian" means the veterinarian appointed pursuant to this subdivision.
Source.
1985, 72:1. 1989, 12:1. 1995, 130:4, 7, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:94 - Requirement for a Second Test.

436:94 Requirement for a Second Test. –
Any equine in the state which reacts positively to an official test is hereby required to be tested a second time at the expense of the state; and, if the test reads positive a second time, the equine shall be so identified with a freeze marking 12A which shall be at least 2 inches high. Such marking shall be applied to the left shoulder or the left side of the neck of the reactor.
Source.
1985, 72:1. 1989, 12:2, eff. April 4, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:95 - Equines Imported into New Hampshire; Testing Requirements.

436:95 Equines Imported into New Hampshire;  Testing Requirements. –
I. All equines that are imported into the state shall be accompanied by an official interstate health certificate. Such certificate shall state that each equine has been officially tested and found to be negative to equine infectious anemia within a period not to exceed 6 months prior to the date of entry. The test and the certificate required under this section shall be performed, completed and signed, respectively, by an accredited veterinarian.
II. Equines may be shipped into the state for research purposes or for immediate slaughter in an approved slaughter establishment after first obtaining a special permit from the state veterinarian.
III. Each certificate under paragraph I shall be for one equine only and shall include the name and address of the owner, trainer or person responsible for the equine; in addition, it shall also include the name and registration number of the equine, if any, and sex, age, color and positive identifying marks or scars with a complete description of each.
IV. If, in the opinion of the state veterinarian or his representative, the certificate does not properly or accurately describe the equine in question, he may cause the equine to be held and retested at the expense of the owner or to be returned to the state of origin after receiving prior approval from the proper regulatory officials of the state of origin.
Source.
1985, 72:1. 1989, 12:3, eff. April 4, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:96 - Equine Reactors; Rulemaking.

436:96 Equine Reactors;  Rulemaking. –
Any equine found positive after an official retest performed pursuant to RSA 436:94 shall be permanently quarantined on the premises where the test was performed and isolated from all other equines. The commissioner shall adopt rules under RSA 541-A relative to the quarantine, isolation, and disposal of reactors.
Source.
1985, 72:1. 1989, 12:4, eff. April 4, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:97 - Repealed by 1986, 21:1, eff. June 17, 1986.

436:97 Repealed by 1986, 21:1, eff. June 17, 1986. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:98 - Penalty.

436:98 Penalty. –
I. Any person who violates this subdivision shall be guilty of a misdemeanor.
II. In addition, any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1989, 12:5, eff. April 4, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:99 - Definitions.

436:99 Definitions. –
As used in this subdivision:
I. "Dog" shall mean any canine animal, male or female, sexed or neutered.
I-a. "Cat" shall mean any domestic feline animal, male or female, sexed or neutered.
I-b. "Ferret" shall mean any European domestic ferret (Mustela furo), male or female, sexed or neutered.
II. "Vaccination against rabies" shall mean the inoculation of a dog, cat, or ferret with a rabies vaccine licensed by the United States Department of Agriculture. Such vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine.
III. "Own," unless otherwise specified, shall mean to keep, harbor, or have control, charge, or custody of a dog, cat, or ferret. This term shall not apply to dogs, cats, or ferrets owned by others which are temporarily maintained on the premises of a veterinarian or kennel operator.
IV. "Owner" shall mean any person keeping, harboring, or having charge or control of, or permitting any dog, cat, or ferret to habitually be or remain on, or be lodged or fed within such person's house, yard, or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises dogs, cats, or ferrets owned by others.
V. "Stray" shall mean any dog that has wandered beyond limits of confinement or is lost and does not possess any tags of identification.
VI. "Transient dogs, cats, or ferrets" shall mean any out-of-state dog, cat or ferret temporarily housed in the state for any purpose.
VII. "Commissioner" shall mean the commissioner of agriculture, markets, and food.
VIII. "Rabies control authority" shall mean the town or city manager of the respective town or city and, in the absence thereof, the board of selectmen or mayor.
IX. "Nonbite exposure" means any scratch, abrasion, open wound, or mucous membrane contaminated with saliva or other potentially infectious material, such as brain tissue, from a cat, dog, ferret, or any other domestic or wild animal. Contact with blood, urine, or feces shall not constitute an exposure.
Source.
1985, 72:1. 1992, 250:1, 2. 1993, 275:1. 1995, 130:5; 202:1 to 3, eff. June 12, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:100 - Rabies Vaccination Required; Exemption.

436:100 Rabies Vaccination Required;  Exemption. –
I. Except as provided in paragraph II, every dog, cat, and ferret 3 months of age and older shall be vaccinated against rabies. Young dogs, cats, and ferrets shall be vaccinated within 30 days after they have reached 3 months of age. Unvaccinated dogs, cats, and ferrets acquired or moved into the state shall be vaccinated within 30 days after purchase or arrival, unless under 3 months of age, as specified above. Every dog, cat, and ferret shall be revaccinated between 9 and 12 months after the initial vaccination and subsequently receive booster vaccines as outlined in the most current National Association of State Public Health Veterinarians' Compendium of Animal Rabies Prevention and Control. In rabies infected areas, dogs, cats, and ferrets recently vaccinated shall be kept under control for at least 30 days before being allowed to run free.
II. A rabies immunization exemption may be issued, where illness or a veterinary medical condition warrants, by the local rabies control authority upon the written recommendation of a veterinarian licensed under RSA 332-B. The recommendation shall also be signed by an American College of Veterinary Internal Medicine diplomate and the state veterinarian. The exemption shall be valid for one year. After the initial one year has expired and if the animal still qualifies for the exemption, the exemption shall be recertified by a veterinarian licensed under RSA 332-B on an annual basis. The exempted animal shall be maintained in strict rabies isolation, under conditions that are at the discretion of the local rabies control authority, until such time as the medical condition has been resolved and the animal can be immunized against rabies. Exempted animals shall not be allowed outdoors without being on a leash and shall be under the direct physical control of an adult owner at all times. In addition, when the animal is outdoors, it shall be muzzled in a manner approved by the local rabies control authority.
Source.
1985, 72:1. 1992, 250:3. 1995, 202:4, eff. June 12, 1995. 2007, 79:1, eff. Jan. 1, 2008. 2009, 296:12, eff. Sept. 29, 2009. 2023, 101:1, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:101 - Owner's Statement.

436:101 Owner's Statement. –
I. Before vaccinating any dog, cat, or ferret for rabies, the veterinarian shall receive the following statement completed by the dog's, cat's, or ferret's owner in the veterinarian's presence on the same day: I, __________ (owner's name) __________ , swear that to my knowledge this dog, cat, or ferret has not bitten anyone within 10 days. The veterinarian shall retain the statement in the veterinarian's files until the dog's, cat's, or ferret's next vaccination.
II. Any owner who submits a false statement shall be guilty of a misdemeanor.
Source.
1985, 72:1. 1992, 250:4. 1995, 202:5, eff. June 12, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:102 - Duties of Veterinarian.

436:102 Duties of Veterinarian. –
It shall be the duty of each veterinarian, at the time of vaccinating any dog, cat, or ferret, to complete a certificate of rabies vaccination in triplicate which includes the following information: owner's name and address, description of dog, cat, or ferret (breed, sex, markings, age, name), date of vaccination, rabies vaccination tag number, type of rabies vaccine administered, manufacturer's serial number of vaccine, and the expiration date of the vaccination. Distribution of copies of the certificate shall be: the original to the owner, one copy retained by the issuing veterinarian and, within 40 days of the vaccination, one copy to the town or city clerk where the dog, cat, or ferret is kept. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in RSA 436:100. A metal or durable plastic tag, serially numbered, shall be securely attached to the collar or harness of the dog. Whenever the dog is out-of-doors, off the owner's premises, and not under the control of the owner or handler while working the dog, the collar or harness with the vaccination tag shall be worn. For the purposes of this section, "working the dog" means a dog doing a defined functional canine activity with its owner or handler such as hunting, field work, drafting, and guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), or participating in any lawful competitive event, including, but not limited to, conformation shows or obedience trials, field trials, agility events, hunts, sled races, or training activities pertinent to functional canine activities. Cats and ferrets shall not be required to wear the collar or harness with the tag.
Source.
1985, 72:1. 1990, 17:1. 1992, 250:5. 1994, 353:1. 1995, 202:6, eff. June 12, 1995. 2006, 11:4, eff. Mar. 3, 2006.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:103 - Cost.

436:103 Cost. –
The cost of rabies vaccination shall be paid by the owner of the dog, cat, or ferret.
Source.
1985, 72:1. 1992, 250:6. 1995, 202:7, eff. June 12, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:104 - Transient Dogs, Cats, or Ferrets.

436:104 Transient Dogs, Cats, or Ferrets. –
The provisions of this subdivision with respect to vaccination shall apply to any dog, cat, or ferret owned by a person temporarily remaining within the state of New Hampshire, any dog, cat, or ferret brought into the state for show purposes, racing or transient hunting dogs or dogs brought into the state for field trials; each dog, cat, or ferret shall be accompanied by individual rabies certificates and tags showing date of vaccination and type of vaccine used with expiration date.
Source.
1985, 72:1. 1990, 17:2. 1992, 250:7. 1995, 202:8, eff. June 12, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:105-c - Police Dogs.

436:105-c Police Dogs. –
I. Notwithstanding RSA 436:105, III and any other provision of law to the contrary, a police dog which has bitten a person may remain in service subject to the following:
(a) The police dog shall have received its annual immunization for rabies in accordance with this chapter.
(b) The handler of the police dog shall prepare an incident report and submit the report to the appropriate law enforcement agency which shall advise the appropriate local rabies control authority. The incident report shall be confidential. The handler shall be responsible for observing the dog for 10 days after the bite occurred and shall have the dog examined by a veterinarian at the end of the 10-day period. If signs suggestive of rabies develop during the 10-day period, the dog shall be examined by a veterinarian immediately. If the dog dies or is killed during the 10-day period, the head shall be sent for examination to the public health laboratory, department of health and human services.
II. The police dog shall be limited to law enforcement duties during the 10-day period described in subparagraph I(b).
III. For the purposes of this section "police dog" means a dog employed by or on behalf of a law enforcement agency.
Source.
1996, 256:2, eff. June 10, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:107 - Impoundment of Dog Without Tag.

436:107 Impoundment of Dog Without Tag. –
The rabies control authority shall authorize a pound or pounds, or shall enter into a cooperative agreement with a licensed veterinarian, or licensed animal shelter, for the establishment and operation of a pound. Any dog found off the owner's premises and not wearing a valid vaccination tag shall be impounded. All impounded dogs shall be given proper care and maintenance. Each impounded dog shall be kept and maintained at the pound for a minimum of 7 days unless reclaimed earlier by the owner. Notice of impoundment of all dogs, including any significant marks of identification, shall be posted at the pound as public notification of impoundment. Any unvaccinated dog may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and complying with the rabies vaccination requirement of this subdivision within 72 hours of release. Any vaccinated dog impounded because of lack of a rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all necessary and reasonable impoundment fees prior to release. If the dog is unclaimed at the end of 7 days, the rabies control authority may dispose of the dog in accordance with applicable laws or rules. If the dog is a stray, the town shall be responsible for the expense incurred. This section shall not apply to cats or ferrets.
Source.
1985, 72:1. 1990, 17:4. 1992, 250:10. 1995, 202:11, eff. June 12, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:108 - Enforcement.

436:108 Enforcement. –
The commissioner shall enforce the provisions of this subdivision for the control of rabies in dogs, cats, or ferrets, and shall adopt such rules, pursuant to RSA 541-A, as necessary to carry out the intent of this subdivision.
Source.
1985, 72:1. 1992, 250:11. 1995, 202:12, eff. June 12, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:109 - Penalty.

436:109 Penalty. –
Any person who violates the provisions of this subdivision or rule adopted under it shall be guilty of a violation.
Source.
1985, 72:1. 1992, 250:12, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:110 - to 436:114 Repealed by 2023, 13:1, II, eff. July 3, 2023.

436:110 to 436:114 Repealed by 2023, 13:1, II, eff. July 3, 2023. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:115 - Testing of Domestic Animals; Rulemaking.

436:115 Testing of Domestic Animals;  Rulemaking. –
I. The commissioner of agriculture, markets, and food may test for disease any domestic animal, as defined by RSA 436:1, that cannot be tested by an accredited veterinarian. The commissioner shall establish fees for such testing which shall be sufficient to carry out any tests performed under this subdivision. The fee shall include, but not be limited to, the costs of mileage, hourly wage, and lodging.
II. The commissioner shall adopt rules, pursuant to RSA-541-A, relative to:
(a) A fee schedule for testing of domestic animals under paragraph I.
(b) Any other fees necessary to carry out the testing.
(c) [Repealed.]
Source.
1998, 8:1. 1999, 245:1, eff. July 1, 1999. 2012, 171:26, XX, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:116 - Program Goals; Applicable Federal Regulations.

436:116 Program Goals;  Applicable Federal Regulations. –
The voluntary scrapie flock certification program is a cooperative effort between APHIS (Animal and Plant Health Inspection Service, United States Department of Agriculture), participating state governments, and sheep and goat producing industries, established and maintained to reduce scrapie's occurrence and spread, identify flocks that have been free of evidence of scrapie over specified time periods, and contribute to the eventual eradication of scrapie. Applicable federal regulations regarding the program and its requirements are contained in 9 CFR parts 54 and 79. Compliance with requirements outlined by this subdivision does not excuse program participants from compliance with the complete program requirements provided by 9 CFR parts 54 and 79.
Source.
2001, 242:1, eff. Sept. 11, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:117 - Scrapie Certification Board; Membership; Meetings.

436:117 Scrapie Certification Board;  Membership;  Meetings. –
I. There is hereby established the state scrapie certification board which shall administer the voluntary scrapie flock certification program, review program enrollment applications and status advancement, review situations that may result in a reduction of certification status or dismissal from the program, educate producers regarding scrapie, and review and define policies regarding the administration of the program within the state.
II. The board shall consist of 9 members, including:
(a) The Area Veterinarian-in-Charge (federal Veterinarian), or designee;
(b) The state veterinarian, or designee;
(c) One practicing accredited veterinarian;
(d) One member of the university of New Hampshire cooperative extension; and
(e) Five goat or sheep producers, with no more than 3 members from either industry.
III. Members specified under subparagraphs II(c)-(e) shall be nominated by breed associations and registries, in consultation with the Area Veterinarian-in-Charge or AVIC designee, and approved by the state veterinarian.
IV. The board shall choose one of its members who is an enrolled producer to serve as its chairperson, and may choose such other officers as it deems expedient. All board members shall be voting members. Five members shall constitute a quorum.
V. Members specified under subparagraphs II(c)-(e) shall serve 3-year terms, except that the terms of no more than 3 such members may expire in any one calendar year. Original appointments for terms of less than 3 years may be made in order to comply with this limitation. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. There shall be no limit to the number of terms such members may serve. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. The Area Veterinarian-in-Charge Designee and the state veterinarian shall be ex officio members.
VI. The board shall meet at least annually and quarterly if necessary, on or about the 15th of the month, and at such other times as it may deem necessary. Prior to any meeting of the board, there shall be published an agenda for the meeting. Minutes of each meeting shall be taken and logged as board records.
VII. Complete board records shall be kept at the department of agriculture, markets, and food.
VIII. An updated list of participating state flocks and their classification with regard to flock category shall be included in the records of the board.
IX. [Repealed.]
Source.
2001, 242:1, eff. Sept. 11, 2001. 2006, 26:1, 2, 5, eff. May 30, 2006.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:118 - Application for Entry Into the Program.

436:118 Application for Entry Into the Program. –
I. An applicant to the program shall submit a completed program application to the Area Veterinarian-in-Charge designee. Once the program application has been received, an authorized state veterinarian or the AVIC or AVIC designee shall inspect the flock for evidence of scrapie. The application shall be signed by a board subcommittee consisting of the state veterinarian, AVIC designee, and board chairperson. The board members shall review the application package. The status date for initial flock enrollment shall be the date that the last signature is applied to the application for entry into the program. The complete application package shall include:
(a) A completed program application;
(b) An inventory of animals in the flock submitted by the flock owner and verified and signed by a state veterinarian or AVIC or AVIC designee, including at least official identification numbers, breed, and sex information as specified by the certification category for which applied, as determined in rules adopted pursuant to RSA 436:5;
(c) A written statement by an accredited veterinarian, if available, or a state veterinarian or AVIC or AVIC designee declaring that the flock is free of scrapie to the best of his or her knowledge; and
(d) An inspection report by an authorized state veterinarian or AVIC or AVIC designee, including verification of the information provided on the application by the flock owner and verification of the official identification of each animal listed in the application.
II. The state veterinarian or AVIC or AVIC designee shall provide each enrolling program participant and his or her accredited veterinarian with an educational scrapie review. Once approved to enter the program, a flock shall be issued an enrollment date. This date shall serve as the status date until the flock fails to meet any of the program standards.
Source.
2001, 242:1, eff. Sept. 11, 2001. 2006, 26:3, eff. May 30, 2006.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:119 - Advancement in the Program.

436:119 Advancement in the Program. –
I. When a flock has obtained a status that has met all of the program standards, the flock owner may apply to advance the flock to certified status. The board shall review advancement applications for movement from enrolled status to certified status at the next regularly scheduled board meeting.
II. The advancement application package shall include:
(a) A completed program advancement application form.
(b) An inspection report prepared by a state veterinarian or AVIC or AVIC designee.
(c) An inventory report submitted by the flock owner and verified and signed by a state veterinarian or AVIC or AVIC designee.
Source.
2001, 242:1, eff. Sept. 11, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:120 - Maintenance of Status.

436:120 Maintenance of Status. –
I. A flock's status date shall be maintained if, during an annual inspection it meets the requirements of 9 C.F.R. parts 54 and 79 and the Scrapie Eradication Uniform Methods and Rules adopted by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
II. If, during the year at the current status, a flock has not met the minimum requirements for the status currently held, the flock's status date shall convert to the date when the flock was brought back into program compliance.
Source.
2001, 242:1, eff. Sept. 11, 2001. 2006, 26:4, eff. May 30, 2006.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:121 - Downgrading of Status.

436:121 Downgrading of Status. –
The board shall recommend downgrading a participating flock's status or removing it from the program if its owner or manager has not complied with the program standards, unless a compelling argument based upon sound scientific principles can be presented. A flock may reenter the program after fulfilling board-determined and program requirements.
Source.
2001, 242:1, eff. Sept. 11, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:122 - Appeal.

436:122 Appeal. –
Owner-reported changes in flock status or status date due to flock additions or commingling shall be made as soon as possible following notification of the board or AVIC without review by the board unless the owner requests that the board perform a formal review at the time the acquisition or commingling is reported. The board shall give the owner of the flock an opportunity to present his or her views to the board before it makes its final recommendation regarding reduction or removal. The status of the flock, notification regarding a change in flock status, and any appeal of flock status shall be decided in accordance with 9 CFR parts 54 and 79.
Source.
2001, 242:1, eff. Sept. 11, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:123 - Confidentiality.

436:123 Confidentiality. –
I. The provisions of paragraph II shall apply in any instance when a sheep or goat producer has entered the program and has voluntarily requested technical help from the board or is inspected by a state animal health official on behalf of the board as established under 9 CFR Parts 54 and 79, and is not at the time the subject of an active enforcement action.
II. With the exception of the state and federal veterinarians, acting in their official capacity, state board members and agents of the board shall not make available to any other regulatory or enforcement agency not involved in the program, or to the public, information obtained in the course of such help or inspection unless:
(a) The person receiving such inspection agrees that such information may be released;
(b) The information reveals an imminent threat to human life of the environment;
(c) The information reveals evidence of a knowing criminal violation;
(d) The information is presented in aggregate form with no identification of individual entities; or
(e) The board first notifies any person requesting technical help of the provisions of this section.
Source.
2001, 242:1, eff. Sept. 11, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436-A - Wildlife Disease Control › Section 436-A:1 - Vaccinations and Treatments Authorized.

436-A:1 Vaccinations and Treatments Authorized. –
The state veterinarian may authorize the application of vaccines and treatments for zoonotic diseases to wildlife within the state through baiting or other methods. The state veterinarian may solicit information pertaining to such vaccines and treatments, and coordinate the use and application of vaccines and treatments with the fish and game department, the department of environmental services, the department of health and human services, and the department of natural and cultural resources.
Source.
2002, 238:1, eff. July 16, 2002. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436-A - Wildlife Disease Control › Section 436-A:2 - Entry Authorized.

436-A:2 Entry Authorized. –
I. The state veterinarian, or the designee of the state veterinarian, shall not be guilty of criminal trespass pursuant to RSA 635:2 when providing vaccines or treatment to wildlife on private property without the consent of the owner, regardless of whether or not the property is designated a secured premises.
II. The authority to enter private property without the consent of the owner for vaccination or treatment of wildlife does not include the right to enter into any living quarters situated on private property.
Source.
2002, 238:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436-A - Wildlife Disease Control › Section 436-A:3 - Rulemaking.

436-A:3 Rulemaking. –
The state veterinarian shall adopt rules, under RSA 541-A, relative to the administration of this chapter.
Source.
2002, 238:1, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:1 - Definitions.

437:1 Definitions. –
In this subdivision:
I. "Animal shelter facility" means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned or leased, operated and maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals, and also a public pound for the housing of strays or a pound operated by any person, excluding veterinarians, who contracts with a municipality to serve that function.
II. [Repealed.]
III. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
IV. "Pet vendor" means any person, firm, corporation, or other entity that transfers 30 or more dogs, 30 or more cats, 30 or more ferrets, or 50 or more birds, live animals or birds customarily used as household pets to the public, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire, when transfer to the final owner occurs within New Hampshire, between January 1 and December 31 of each year.Pet vendor alsomeans any person, firm, corporation, or other entity that transfers amphibians, reptiles, fish, or small mammals customarily used as household pets to the public in quantities set in rules adopted by the department, with or without a fee or donation required, and whether or not a physical facility is owned by the licensee in New Hampshire between January 1 and December 31 of each year. Nothing in this paragraph shall be construed to alter or affect the municipal zoning regulations that a pet vendor shall conform with under RSA 437:3.
V. "Transfer" means transfer of ownership of live animals or birds from any person, firm, corporation, or other entity to a member of the public.
Source.
2017, 156:233, eff. July 1, 2017. 2019, 346:297, 302, eff. July 1, 2019. 2021, 214:1, eff. Oct. 16, 2021; 215:1, eff. Aug. 17, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:2 - Declaration of Policy.

437:2 Declaration of Policy. –
This subdivision establishes standards for the regulation of animal health that are consistent with the pattern established throughout statute by the general court. Animal health regulation shall focus either on those conditions that pose a threat to public health or that would require regulatory intervention to protect the economy of the state, or both.
Source.
2017, 156:233, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:3 - Requirements.

437:3 Requirements. –
No pet vendor shall transfer animals or birds without a license. A pet vendor shall apply to the commissioner for a license, giving such information as the commissioner shall require. A pet vendor that transfers more than 50 or more dogs, 50 or more cats, 50 or more ferrets, or 50 or more birds shall include proof that the zoning enforcement official of the municipality wherein any facility is to be maintained has certified that the facility conforms to the municipal zoning regulations in his or her application. The application shall be accompanied by a non-refundable $200 fee. All licenses shall expire on June 30 of each year and be subject to renewal upon submission of a new application. No licenses shall be transferable. A pet vendor licensed under this subdivision shall:
I. Maintain in a clean and sanitary condition all premises, buildings, and other enclosures used in the business of dealing in live animals or birds customarily used as household pets.
II. Submit premises, buildings and other enclosures to unannounced inspection by department employees or local animal control, law enforcement, or health officials at reasonable times.
III. Maintain, subject to inspection by the commissioner, his or her agent, local officials, law enforcement, or any member of the public, a proper record in which all live animals or birds customarily used as household pets obtained or transferred shall be listed, giving the breed, date the animal was obtained and transferred, and from whom the animal or bird was obtained and to whom the animal was transferred. Such record shall also show the microchip, leg band, or tattoo number of each animal or bird, where applicable. Animals or birds that do not bear such identification shall be identified by recording markings, a physical description and any other information as the commissioner deems necessary to identify such animals or birds.
IV. Keep records of all animals or birds intended for transfer indicating identification, point of origin, and recipient, and shall submit said records to the commissioner upon request.
V. Abide by such other rules as the commissioner may adopt to control disease.
Source.
2017, 156:233, eff. July 1, 2017. 2021, 215:3, eff. Aug. 17, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:4 - Refusal to Issue; Revocation or Suspension of License.

437:4 Refusal to Issue;  Revocation or Suspension of License. –
The commissioner, after notice to the licensee and opportunity for hearing, as set forth in the rules adopted under RSA 437:9, may deny an application, or suspend or revoke a license for any of the following reasons:
I. The applicant or licensee violated the statutes of the state of New Hampshire or of the United States or any rule adopted by the commissioner pursuant to this chapter;
II. The applicant made false or misleading statements in his or her application for a license;
III. The licensee knowingly transferred any animal affected with a communicable disease except as allowed under RSA 437:5 and RSA 437:8, II;
IV. The licensee ceased to operate the business for which the license was issued; or
V. The applicant or licensee held any similar license issued in another jurisdiction which was revoked or suspended by that jurisdiction as a result of engaging in conduct prohibited by RSA 437 during the preceding 5 years.
Source.
2017, 156:233, eff. July 1, 2017. 2021, 215:4, eff. Aug. 17, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:5 - Prohibition.

437:5 Prohibition. –
No licensee under this subdivision shall transfer, other than to a qualified veterinarian or licensed animal shelter facility, any maimed, sick, or diseased animal or bird other than as permitted under RSA 437:8, II nor shall any licensee treat inhumanely any animal or bird in his or her care or possession or under his or her control.
Source.
2017, 156:233, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:6 - Health Management; Dogs, Cats, and Ferrets.

437:6 Health Management;  Dogs, Cats, and Ferrets. –
I. Medical treatment and use of controlled drugs on any animal or bird under the care or possession or under the control of any licensee other than a veterinarian may be administered only under the direction and supervision of a veterinarian for the purposes of this subdivision.
II. Within 14 days of transfer, the transferee of a dog, cat, or ferret from a licensee may have the dog, cat, or ferret examined by a licensed veterinarian selected by the transferee and, unless said examination indicates the dog, cat, or ferret to be free of disease, the transferee shall be entitled to substitution or, at the transferee's option, a full refund of the purchase price of the dog, cat, or ferret, if applicable, upon return of the dog, cat, or ferret to the licensee within 2 business days of said examination, accompanied by the veterinarian's statement that the animal is not free of disease.
Source.
2017, 156:233, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:7 - Exceptions.

437:7 Exceptions. –
I. The license provisions of this subdivision shall not apply to breeders of dogs or cats that do not meet the definition of pet vendor in RSA 437:1, veterinarians, or the transfer of livestock or poultry.
II. (a) A person who has previously not met the requirements for licensure as a pet vendor but who intends to transfer more than 30 dogs or 30 cats in a year may apply to the commissioner for an exemption from licensure as a pet vendor if he or she meets the following criteria:
(1) The person has transferred fewer than 30 dogs or 30 cats annually in the previous 4 12-month periods beginning January 1 and running through the following December 31; and
(2) The person has not been required to register as a pet vendor in the previous 4 12-month periods beginning January 1 and running through the following December 31.
(b) The commissioner shall make a determination on such exemption within 15 days of its submission. Such exemption shall expire on the June 30 following its issuance.
(c) A person exempt from licensure as a pet vendor under this paragraph may transfer no more than 15 dogs or 15 cats in addition to the 30 dog or 30 cat limit in subparagraph (a) within the period his or her exemption is valid.
Source.
2017, 156:233, eff. July 1, 2017. 2019, 346:298, eff. July 1, 2019. 2021, 215:2, eff. Aug. 17, 2021.