reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:55 - Prosecutions; Penalty.

434:55 Prosecutions;  Penalty. –
Any person who makes a false statement to secure a license, purchases milk or cream from producers within this state in violation of the provisions of this subdivision, or having obtained a license shall continue to do such business after being notified by the commissioner of agriculture, markets, and food that such license has been suspended, and before permission to resume such business has been granted, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. District courts shall have concurrent jurisdiction with the superior court of prosecutions hereunder.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:56 - Establishment of Minimum Producer Dairy Prices.

434:56 Establishment of Minimum Producer Dairy Prices. –
The commissioner may establish by order an equitable minimum price to be paid to milk producers for raw milk produced in New Hampshire on the basis of the use thereof in the various classes, grades and forms. The commissioner may from time to time make, amend, or rescind an order if the commissioner finds that the federal milk marketing order covering New Hampshire is adequate or inadequate as the case may be to ensure a stable raw milk production and distribution system in the state.
Source.
1991, 140:1, eff. May 20, 1991. 2007, 374:3, eff. June 30, 2007; 381:2, eff. July 1, 2007. 2019, 319:5, eff. Aug. 7, 2019.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:57 - Rulemaking.

434:57 Rulemaking. –
The commissioner shall adopt rules, under RSA 541-A, necessary to carry out the intent of this subdivision.
Source.
1991, 140:1, eff. May 20, 1991.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:58 - Prohibited Acts; Administrative Penalty.

434:58 Prohibited Acts;  Administrative Penalty. –
It shall be unlawful for any person to buy, sell or transfer ownership of raw milk in any form in quantities in excess of 20 quarts per day for less than the price or prices established by order of the commissioner pursuant to RSA 434:56. Any person who violates any provision of this subdivision or any rule or order issued under this subdivision shall be liable for a civil forfeiture not to exceed $5,000 for each violation, or each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general. Any person who violates any rule or order of the commissioner adopted under this subdivision may be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1991, 140:1, eff. May 20, 1991.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:59 - Grading and Certification or Stamping of Native Lumber.

434:59 Grading and Certification or Stamping of Native Lumber. –
I. For the purposes of this subdivision, "native lumber" means wood processed in the state of New Hampshire by mills registered in accordance with the provisions of RSA 227-I. Such wood shall be considered certified or stamped in accordance with the requirements of this section.
II. (a) Notwithstanding any provision of law to the contrary, a mill registered in accordance with RSA 227-I selling native lumber shall, when required, certify in writing to the purchaser on a form approved by the commissioner of agriculture, markets, and food that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade in accordance with the conditions set forth in the American Softwood Standard PS 20-70, or as amended, provided that lumber for use in load bearing wall members shall be of stud grade minimum. The certificate shall include wood species, quantity, location of use, green or dry, sawmill name, name of permitted grader and date. The certification shall be filed with the local building official having jurisdiction as part of the building permit application.
(b) Notwithstanding subparagraph (a), a mill registered in accordance with RSA 227-I selling native timber may stamp such timber.
III. The commissioner of agriculture, markets, and food, in consultation with the division of forests and lands and the University of New Hampshire cooperative extension, shall establish standards for mill graders who will stamp or certify native lumber. The commissioner shall issue a written permit to each mill grader who has received training and who demonstrates by examination or other procedure prescribed by the commissioner in rulemaking, competence and ability to grade and certify or stamp native lumber in accordance with paragraph II of this section. No lumber shall be sold as certified or stamped native lumber unless it is accompanied by a certificate signed by a grader holding a valid permit.
IV. Any municipality which has adopted a building code which requires regular grade stamped lumber shall accept a stamp or a certificate prepared pursuant to this subdivision which certifies that the native lumber meets the appropriate structural standards in lieu of an accepted and recognized lumber grading stamp. Any structure which is built with such approved native lumber shall be considered equivalent to a structure built with regular grade stamped lumber.
Source.
1994, 152:1. 1995, 130:5; 299:15, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:60 - Rulemaking.

434:60 Rulemaking. –
The commissioner of agriculture, markets, and food shall adopt rules, under RSA 541-A, necessary to administer this subdivision.
Source.
1994, 152:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:61 - Prohibited Acts; Administrative Penalty.

434:61 Prohibited Acts;  Administrative Penalty. –
It shall be unlawful for any person to sell any lumber as stamped or certified native lumber unless such lumber has been graded and certified or stamped in accordance with RSA 434:59. Any person who violates any provision of this subdivision or any rule or order adopted or issued under this subdivision shall be liable for an administrative fine not to exceed $1,000 for each violation.
Source.
1994, 152:1, eff. July 22, 1994.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:1 - Certificate.

435:1 Certificate. –
Every person who offers for hire the service of a stallion for breeding purposes shall make a certificate stating the name, color, age, size and pedigree, so far as known, of the stallion, and the name and residence of the person by whom he was bred, and shall cause the certificate to be recorded by the commissioner of agriculture, markets, and food. He shall also post a copy of said certificate in a conspicuous location on the premises where the stallion is housed and shall give a copy of it to the keeper of each mare served by the stallion for hire.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:2 - Record.

435:2 Record. –
It shall be the duty of the commissioner to record all such certificates offered for record in a book to be kept in his office for that purpose, upon tender of lawful fees therefor.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:3 - Neglect to Furnish.

435:3 Neglect to Furnish. –
If any person who offers for hire the service of a stallion for breeding purposes neglects to make such certificate, or to have it recorded, he shall not be entitled to recover anything for the service of the stallion; neither shall he be entitled to recover for such service from a person to whom he has not given a copy of the certificate, unless he shows that the person had actual knowledge of the certificate at the time of the service.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:4 - False Statement.

435:4 False Statement. –
If any person knowingly and willfully makes a false statement in such certificate, or inserts in posters or notices advertising the stallion, or gives to the keeper of a mare served by the stallion, a false certificate, he shall be fined $100.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:5 - Repealed by 2018, 170:2, I, eff. Jan. 1, 2019.

435:5 Repealed by 2018, 170:2, I, eff. Jan. 1, 2019. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:6 - Repealed by 1994, 108:1, I, eff. July 10, 1994.

435:6 Repealed by 1994, 108:1, I, eff. July 10, 1994. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:7 - Repealed by 1994, 108:1, II, eff. July 10, 1994.

435:7 Repealed by 1994, 108:1, II, eff. July 10, 1994. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:8 - Repealed by 1994, 108:1, III, eff. July 10, 1994.

435:8 Repealed by 1994, 108:1, III, eff. July 10, 1994. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:9 - Repealed by 1994, 108:1, IV, eff. July 10, 1994.

435:9 Repealed by 1994, 108:1, IV, eff. July 10, 1994. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:10 - Repealed by 1994, 108:1, V, eff. July 10, 1994.

435:10 Repealed by 1994, 108:1, V, eff. July 10, 1994. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:11 - Similar Animals.

435:11 Similar Animals. –
The term "horse" as used in this subdivision shall include all members of the equine species.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:12 - Proper Care.

435:12 Proper Care. –
No person shall overdrive, overwork or overload a horse in his or her care. No person shall buy, sell or exchange any horse that is unfit to be used for riding, driving, draft or reproduction purposes, unless it is for rehabilitation or slaughter. No person shall torture, beat, mutilate or abandon any horse, or aid in such abuse, or permit any horse in his or her care to be subject to abuse of any kind.
Source.
1985, 72:1, eff. July 1, 1985. 2003, 9:1, eff. April 22, 2003.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:13 - Proper Feeding.

435:13 Proper Feeding. –
All horses shall receive roughage in proportion to their size, age, temperament and amount of work they are required to perform. Grain may also be required when roughage alone will not meet their daily nutritional requirements. All horses shall be fed on a regular daily schedule, and all food shall be clean and free from excessive moisture. All horses shall have available a sufficient quantity of fresh water to maintain hydration.
Source.
1985, 72:1, eff. July 1, 1985. 2003, 9:1, eff. April 22, 2003.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:14 - Shelter Available.

435:14 Shelter Available. –
Horses shall be provided either:
I. An adequately ventilated, dry barn with stalls of sufficient size so that the horse is able to lie down, and shall be provided adequate and suitable exercise in arenas, barn yards, paddocks or pastures; or
II. A roofed shelter, with at least 3 sides from November 1 through April 15, shall be provided for horses kept in paddocks or pastures, and said horses shall not be kept tied but shall be able to move around freely.
Source.
1985, 72:1, eff. July 1, 1985. 2003, 9:2, eff. April 22, 2003.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:15 - Veterinarian Services and Probable Cause Determinations.

435:15 Veterinarian Services and Probable Cause Determinations. –
I. A probable cause determination for seizing horses pursuant to a cruelty investigation shall be made only by the state veterinarian or a veterinarian licensed under the provisions of RSA 332-B. No seizing or taking of horses shall be made without a probable cause determination.
II. Pursuant to RSA 644:8, V, a veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985. 2003, 9:2, eff. April 22, 2003.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:15-a - Rulemaking.

435:15-a Rulemaking. –
The commissioner shall adopt rules, under RSA 541-A, relative to the care, shelter, and feeding of horses, and the enforcement of this subdivision.
Source.
2003, 9:3, eff. April 22, 2003.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:16 - Penalty.

435:16 Penalty. –
Any owner failing to comply with the provisions of this subdivision shall be notified as to the proper care of horses. Upon a second offense, the horse shall be seized and not returned until restitution for the expenses involved in the seizure is made and proof of proper care is given. Upon a third or subsequent offense, the horse shall be permanently seized. Whoever violates the provisions of this subdivision shall be guilty of a violation.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:17 - Title.

435:17 Title. –
This subdivision shall be known as the New Hampshire Commercial Feed Law of 1971.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:18 - Enforcing Official.

435:18 Enforcing Official. –
This subdivision shall be administered by the commissioner of agriculture, markets, and food of the state of New Hampshire, hereinafter referred to as the commissioner.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:20 - Registration.

435:20 Registration. –
I. No person shall manufacture a commercial feed in this state unless he has filed with the department of agriculture, markets, and food, on forms provided by the department, his name and place of business and the location of each manufacturing facility in this state.
II. No person shall distribute in this state a commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this section. Applications for registration, accompanied by a $75 per-product registration fee, shall be submitted in a manner prescribed by the commissioner. Upon approval by the commissioner, a registration shall be issued to the applicant. All registrations shall expire on December 31 of each year.
III. The commissioner may refuse to register any commercial feed not in compliance with the provisions of this subdivision and to cancel any registration subsequently found not to be in compliance with any provision of this subdivision; provided that upon the refusal of registration, the $75 registration fee shall be returned to the applicant; and provided further that no registration shall be refused or cancelled unless the applicant or registrant has been given an opportunity to appear at a hearing before the commissioner and to amend his or her application in order to comply with the requirements of this subdivision.
IV. One-half of the fees collected under this section shall be deposited with the state treasurer into a separate, nonlapsing account to be known as the agricultural product and scale testing fund. The remainder of the fees collected under this section shall be deposited in the general fund, provided that for each biennium, the commissioner of agriculture, markets, and food shall include in the department's biennial request for appropriations pursuant to RSA 9:4 an amount sufficient to fund an adequate cost of care fund as provided in RSA 437-B:1.
[Paragraph V repealed by 2021, 91:306, effective 2 years from certification that the animal records database is operational.]
V. The commissioner shall transfer funds from the agricultural product and scale testing fund established under RSA 435:20, IV to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database. The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational. For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the agricultural product and scale testing fund to the animal records database fund for this purpose.
Source.
1985, 72:1. 1992, 289:48, 50. 1995, 130:4. 1999, 21:1, eff. July 1, 1999. 2005, 215:2, eff. July 1, 2005. 2020, 37:97, eff. July 1, 2020. 2021, 91:305, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:21 - Labeling.

435:21 Labeling. –
A commercial feed shall be labeled as follows:
I. In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:
(a) The net weight.
(b) The product name and the brand name, if any, under which the commercial feed is distributed.
(c) The guaranteed analysis stated in such terms as the commissioner by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods such as the methods published by the Association of Official Analytical Chemists.
(d) The common or usual name of each ingredient used in the manufacture of the commercial feed; provided that the commissioner by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers.
(e) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
(f) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the commissioner may require by rule as necessary for their safe and effective use.
(g) Such warning or caution statements as the commissioner by rule determines are necessary for the safe and effective use of the commercial feed.
II. In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
(a) Name and address of the manufacturer.
(b) Name and address of the purchaser.
(c) Date of delivery.
(d) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used.
(e) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the commissioner may require by rule as necessary for their safe and effective use.
(f) Such warning or caution statements as the commissioner by rule determines are necessary for the safe and effective use of the customer-formula feed.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:22 - Misbranding.

435:22 Misbranding. –
A commercial feed shall be deemed to be misbranded:
I. If its labeling is false or misleading in any particular.
II. If it is distributed under the name of another commercial feed.
III. If it is not labeled as required by RSA 435:21.
IV. If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule by the commissioner.
V. If any word, statement, or other information required by or under authority of this subdivision to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:24 - Prohibited Acts.

435:24 Prohibited Acts. –
The following acts and the causing thereof within the state are hereby prohibited:
I. The manufacture or distribution of any commercial feed that is adulterated or misbranded.
II. The adulteration or misbranding of any commercial feed.
III. The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of RSA 435:23, I, II, III or IV.
IV. The removal or disposal of a commercial feed in violation of an order under RSA 435:28.
V. The failure or refusal to register in accordance with RSA 435:20.
VI. The violation of RSA 435:29, VI.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:25 - Rulemaking.

435:25 Rulemaking. –
The commissioner may adopt such rules for commercial feeds and pet foods as are specifically authorized in this subdivision and such other reasonable rules as may be necessary for the efficient enforcement of this subdivision. In the interest of uniformity, the commissioner shall by rule adopt, unless he determines that they are inconsistent with the provisions of this subdivision and are not appropriate to conditions which exist in this state, the following:
I. The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, and
II. Any regulation promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act (21 U.S.C. sec. 301 et seq.), provided that the commissioner would have the authority under this subdivision to adopt such regulations as rules.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:26 - Publication of Notice.

435:26 Publication of Notice. –
Before the adoption of any rule authorized by this subdivision, the commissioner shall publish the proposed rule in a manner reasonably calculated to give interested parties, including all current registrants, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to adopt the proposed rule. The provisions of this section notwithstanding, if the commissioner, pursuant to the authority of this subdivision, adopts the official definitions of feed ingredients or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health and Human Services in the case of regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, shall be adopted automatically under this subdivision without regard to the publication of the notice required by this section unless the commissioner by order specifically determines that said amendment or modification shall not be adopted.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:28 - Detained Commercial Feeds.

435:28 Detained Commercial Feeds. –
I. When the commissioner or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this subdivision or of any rule adopted under this subdivision, he may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when said provisions and rules have been complied with. If compliance is not obtained within 30 days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
II. Any lot of commercial feed not in compliance with said provisions and rules shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the commercial feed to be in violation of this subdivision and orders the condemnation of commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state; provided that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:29 - Penalties.

435:29 Penalties. –
I. Any person who, by himself or by his servant or agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1991, 44:12, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:30 - Cooperation With Other Entities.

435:30 Cooperation With Other Entities. –
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:31 - Publication of Information.

435:31 Publication of Information. –
The commissioner shall publish at least annually, in such form as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label; provided that the information concerning production and use of commercial feed shall not disclose the operations of any person.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:31-a - Repealed by 2020, 37:101, eff. Nov. 1, 2021.

435:31-a Repealed by 2020, 37:101, eff. Nov. 1, 2021. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:32 - Definitions.

435:32 Definitions. –
In this subdivision:
I. "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.
II. "Person" means the state, any municipality, political subdivision, institution, public or private corporation, individual, partnership, or other entity.
III. "Commissioner" means 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 435 - Animal Care, Breeding and Feed › Section 435:33 - Permit.

435:33 Permit. –
I. No person shall feed garbage to swine, without first securing a permit therefor from the commissioner or the state veterinarian. Such permits shall be renewed one year from the date issued.
II. This subdivision shall not apply to any person who feeds only his own household garbage to swine which are raised for such person's own use, or slaughtered under permit issued by the commissioner or his agent.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:34 - Application.

435:34 Application. –
Any person desiring to obtain a permit to feed garbage to swine shall make written application therefor to the commissioner or the state veterinarian in accordance with the requirements of said commissioner or state veterinarian. At the time of filing such application the applicant shall pay to the state department of agriculture, markets, and food a permit fee in the sum of $10. All such fees shall be remitted to the state treasurer who shall place all moneys received to the credit of the state department of agriculture, markets, and food account for the purpose of carrying out the provisions of this subdivision.
Source.
1985, 72:1. 1995, 130:4, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:35 - Revocation.

435:35 Revocation. –
Upon determination that any person having a permit issued under this subdivision, or who has applied for a permit under it, has violated or failed to comply with any of the provisions of this subdivision, or any of the rules adopted under it, the commissioner or the state veterinarian may revoke such permit or refuse to issue a permit to any applicant.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:36 - Cooking or Other Treatment.

435:36 Cooking or Other Treatment. –
All garbage, regardless of previous processing, shall, before being fed to swine, be thoroughly heated to at least 212 degrees Fahrenheit for at least 30 minutes, unless 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.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:36-a - Quarantine Required.

435:36-a Quarantine Required. –
Any person who violates RSA 435:36 by feeding raw garbage to swine, except as provided in RSA 435:33, II, shall be required to have such swine quarantined and tested, at his own expense, for brucellosis, pseudorabies, hog cholera and African swine fever.
Source.
1989, 326:1, eff. June 2, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:37 - Inspection and Investigation; Maintenance of Records.

435:37 Inspection and Investigation;  Maintenance of Records. –
I. Any authorized representative of the commissioner or the state veterinarian shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the treating of garbage to be fed to swine as required by this subdivision.
II. Any authorized representative of the commissioner or the state veterinarian may examine any records or memoranda pertaining to the feeding of garbage to swine. The commissioner or the state veterinarian may require maintenance of records relating to the operation of equipment for any procedure of treating garbage to be fed to swine. Copies of such records shall be submitted to the commissioner or the state veterinarian on request.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:38 - Cooperation With the Federal Government.

435:38 Cooperation With the Federal Government. –
Insofar as available funds will permit, the commissioner or the state veterinarian is authorized to cooperate with the United States Department of Agriculture, Bureau of Animal Industry as set forth in RSA 436:6 and may pay such indemnities as may be agreed upon, but in no case shall the indemnities paid by the state of New Hampshire exceed that paid by the United States Government, and in no case shall indemnity be paid by the state of New Hampshire for swine fed garbage that has not been treated as provided for in RSA 435:36.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:39 - Enforcement; Rulemaking.

435:39 Enforcement;  Rulemaking. –
The commissioner is hereby charged with administration and enforcement of the provisions of this subdivision, and is authorized to adopt and enforce all rules which he may deem necessary to carry out the purposes of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:40 - Penalties.

435:40 Penalties. –
I. Any person who violates any of the provisions of or who fails to perform any duty imposed by this subdivision, or who violates any rules adopted under it shall be guilty of a misdemeanor. In addition, such person may be enjoined from continuing such offense. Each day upon which such offense occurs shall constitute a separate offense.
II. In addition, any person who violates any of the provisions of this subdivision or any rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $5,000 for each violation.
Source.
1985, 72:1. 1989, 326:2, eff. June 2, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 435 - Animal Care, Breeding and Feed › Section 435:41 - Sheep and Goat Identification.

435:41 Sheep and Goat Identification. –
I. Goats shall be officially identified upon change of ownership for all animals that are not in slaughter channels. To be considered as being in a slaughter channel, the goat shall be scheduled for a slaughter date which is not more than 2 weeks from the date of transfer of ownership.
II. Sheep less than 18 months of age shall be officially identified upon change of ownership for all animals that are not in slaughter channels. To be considered as being in a slaughter channel, the sheep shall be scheduled for a slaughter date which is not more than 2 weeks from the date of transfer of ownership.
III. Sheep 18 months of age or older shall be officially identified upon change of ownership for all animals regardless of whether or not they are being sold into slaughter channels. Official identification is required for all sheep over 18 months of age as evidenced by the eruption of the second incisor such that the animal may be traced to its flock of birth.
IV. The state veterinarian may adopt rules pursuant to RSA 541-A to clarify terms and to implement the requirements in this section, to add exemptions from specific provisions of this section, or to comply with requirements of the United States Department of Agriculture, Animal and Plant Health Inspection Service.
Source.
2006, 15:1, eff. May 22, 2006.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:1 - Definitions.

436:1 Definitions. –
I. "Person," "owner" or "importer" means any person, corporation, association, partnership, company, firm or other aggregation of individuals.
II. "Domestic animals" means all animals, including poultry, that are kept or harbored as domesticated animals.
III. "Vaccines" means all biological products that contain living organisms.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:2 - Division of Animal Industry.

436:2 Division of Animal Industry. –
There shall be a division of the department of agriculture, markets, and food known as the division of animal industry.
Source.
1985, 72:1. 1995, 130:5. 1999, 116:1, eff. Aug. 9, 1999.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:3 - Record to be Kept.

436:3 Record to be Kept. –
The commissioner shall keep a record of all permits issued and bovine animals imported, of all animals tested on behalf of the state, or at the request of the owner, with the date and place of the test and the name and residence of the owner; and a complete and accurate record of all work performed under this chapter.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:4 - Report.

436:4 Report. –
The commissioner shall, within its biennial report pursuant to RSA 20:7, submit a written report to the governor and council, stating in detail the work done during the preceding 2 years.
Source.
1985, 72:1, eff. July 1, 1985. 2015, 259:21, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:5 - Assistance; Rules.

436:5 Assistance;  Rules. –
The commissioner may, with such funds as may be available for the purpose, employ such clerical, veterinary and other assistance as he may deem necessary for the proper performance of his duties and the fulfillment of the purpose of this chapter, and may adopt rules under RSA 541-A for the proper execution of its provisions.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:6 - Federal Cooperation.

436:6 Federal Cooperation. –
The commissioner is authorized to accept, on behalf of the state, the rules and regulations prepared by the Secretary of Agriculture under and in pursuance of section 3 of an act of Congress approved May 29, 1884, entitled "An act for the establishment of a bureau of animal industry to prevent the exportation of diseased cattle, and to provide means for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals," or of any other such act of Congress, and he may cooperate with the authorities of the United States government within this state in the carrying out of such rules and regulations and the enforcement of the provisions of any such act or acts so passed which are not in conflict with the statutes of this state.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:6-a - Records Disclosure.

436:6-a Records Disclosure. –
Information submitted by an individual or business for the purpose of participating in a state or national animal health or disease control system is exempt from disclosure. Disclosure to local, state, and federal officials is not public disclosure. This exemption does not affect the disclosure of information used in reportable animal health investigations under this chapter.
Source.
2007, 277:1, eff. Sept. 1, 2007.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:7 - Appointment.

436:7 Appointment. –
The commissioner of agriculture, markets, and food shall, with the approval of the governor and council, appoint a graduate of a veterinary college of recognized standing, who shall have had at least 5 years' experience in the practice of veterinary medicine, including large animal practice, and who shall be known as the state veterinarian and the director of the division of animal industry.
Source.
1985, 72:1. 1995, 130:5. 1999, 116:2, eff. Aug. 9, 1999.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:8 - Powers.

436:8 Powers. –
The state veterinarian, under the direction of the commissioner, shall have all of the powers of the commissioner and shall have general charge of the enforcement of this chapter. Complaints under RSA 644:8, 644:8-a, 644:8-aa and any other law pertaining to the abuse of domestic animals, as defined under RSA 436:1, shall initially be filed with the local law enforcement agency, animal control officer, state police, or sheriff which has jurisdiction over where the animal is located or kept. At the request of the local law enforcement agency, animal control officer, state police, or sheriff, the state veterinarian shall assist in a secondary capacity in enforcing the provisions of and investigating said complaints. In the event the commissioner becomes incapacitated or a vacancy occurs in the office, the state veterinarian shall perform all the duties of that office during any such incapacity or until any such vacancy is filled. The commissioner may direct the state veterinarian to act for him or her in an official capacity whenever he or she may be absent from his or her duties.
Source.
1985, 72:1. 1987, 116:1, eff. Jan. 1, 1988. 2009, 123:1, eff. Aug. 21, 2009. 2012, 240:1, eff. June 18, 2012.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:9 - Salary and Expenses.

436:9 Salary and Expenses. –
He shall receive the annual salary prescribed by RSA 94:1-4, and shall be allowed his expenses when away from the office of the department on official business.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:9-a - Appointment.

436:9-a Appointment. –
The commissioner of agriculture, markets, and food shall appoint a graduate of a veterinary college of recognized standing, who shall have had at least 5 years' experience in the practice of veterinary medicine, including large animal practice, and who shall be known as the assistant state veterinarian.
Source.
2015, 276:110, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:9-b - Powers.

436:9-b Powers. –
The assistant state veterinarian, under the direction of the commissioner and state veterinarian, shall assist the state veterinarian with the enforcement of this chapter and any other law over which the division has regulatory authority. The state veterinarian may direct the assistant state veterinarian to act for him or her in an official capacity whenever he or she may be absent from his or her duties.
Source.
2015, 276:110, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:9-c - Salary and Expenses.

436:9-c Salary and Expenses. –
The assistant state veterinarian shall receive the annual salary prescribed by RSA 94:1 through RSA 94:4, and shall be allowed his or her expenses when away from the office of the department on official business.
Source.
2015, 276:110, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 436 - Diseases of Domestic Animals › Section 436:10 - Regulated.

436:10 Regulated. –
No person shall bring, cause to be brought, ship, or cause to be shipped into this state any bovine without the written permission of the commissioner of agriculture, markets, and food, except those for immediate slaughter at establishments where state or federal inspection is maintained; and such animal shall be held in quarantine at its destination or other designated place until released by the commissioner.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.