reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:29 - Land for Public Use; Eminent Domain, Easements By Public Utilities.

432:29 Land for Public Use;  Eminent Domain, Easements By Public Utilities. –
I. Any powers granted by general or special law to acquire land for public uses by purchase, gift or eminent domain shall not be diminished; provided that alternative land areas are considered.
II. Public utility companies may obtain easements by eminent domain on sites designated agricultural preservation restriction areas for the purpose of utility services; provided, however, the utility (1) gives thorough consideration to alternative areas before such land can be taken; (2) guarantees the minimum practicable interference with agricultural operations with respect to width of easement, pole location and other pertinent matters; (3) obtains all necessary licenses, permits, approvals and other authorizations from the appropriate government agencies; and (4) compensates the landowner in the same manner and at the same fair market value as if the land were not designated as an agricultural preservation site.
III. The committee shall be consulted prior to the taking of any property pursuant to this section. If the committee determines there was a taking contrary to the provisions of this section, it shall have the right of appeal to the superior court on behalf of the landowner.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:30 - Repealed by 2018, 204:2, eff. July 1, 2018.

432:30 Repealed by 2018, 204:2, eff. July 1, 2018. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:30-a - Special Account.

432:30-a Special Account. –
There is established a separate account to which shall be credited all funds appropriated or acquired to provide financial and technical assistance associated with this subdivision. This shall be a nonlapsing account, and funds in said account are hereby appropriated for the purpose of this subdivision.
Source.
2019, 346:194, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:31 - Contributions.

432:31 Contributions. –
The committee is authorized to apply for and accept public or private grants, gifts, or donations of any kind and to use and dispose of money, services and property received from such contributions for the purposes of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985. 2010, 238:9, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:31-a - Governor and Council Approval.

432:31-a Governor and Council Approval. –
The purchase of any agricultural land preservation restrictions or development rights in the name of the state of New Hampshire or their release, in whole or in part, by the state pursuant to the provisions of this subdivision shall be approved by governor and council.
Source.
1985, 304:3, eff. Aug. 13, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:32 - Agricultural Operation.

432:32 Agricultural Operation. –
"Agricultural operation" when used in this subdivision includes any farm, agricultural or farming activity as defined in RSA 21:34-a.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:33 - Immunity From Suit.

432:33 Immunity From Suit. –
No agricultural operation shall be found a public or private nuisance as a result of changed conditions in or around the locality of the agricultural operation, if such agricultural operation has been in operation for one year or more and if it was not a nuisance at the time it began operation. This section shall not apply when any aspect of the agricultural operation is determined to be injurious to public health or safety under RSA 147:1 or RSA 147:2.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:34 - Negligent or Improper Operations.

432:34 Negligent or Improper Operations. –
The provisions of this subdivision shall not apply if a nuisance results from the negligent or improper operation of an agricultural operation. Agricultural operations shall not be found to be negligent or improper when they conform to federal, state and local laws, rules and regulations.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 432 - Soil Conservation and Farmland Preservation › Section 432:35 - Limits.

432:35 Limits. –
Nothing contained in this subdivision shall be construed to modify or limit the duties and authority conferred upon the department of environmental services under RSA 485 or RSA 485-A or the commissioner of agriculture, markets, and food under any of the chapters in this title.
Source.
1985, 72:1. 1989, 339:27. 1995, 130:5. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:5 - Records.

433:5 Records. –
Each person whose name appears on the label as handling agricultural, vegetable, flower, or tree and shrub seeds subject to this subdivision shall keep for a period of at least 2 years complete records of each lot of agricultural, vegetable, flower, or tree and shrub seed handled and shall keep for at least one year a file sample of each lot of seed after final disposition of such lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the commissioner or his agent during customary business hours.
Source.
1990, 126:2, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:6 - Exemptions.

433:6 Exemptions. –
I. The provisions of RSA 433:2, 3 and 4 shall not apply to:
(a) Seed or grain not intended for sowing purposes.
(b) Seed in storage in, or being transported to or consigned to a cleaning or processing establishment for cleaning or processing, provided that the invoice or labeling accompanying any shipment of such seed bears the statement "seeds for processing"; and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this subdivision.
(c) Any carrier with respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, provided that such carrier is not engaged in producing, processing, or marketing seeds subject to the provisions of this subdivision.
II. No person shall be subject to a penalty under this subdivision for having sold or offered for sale seeds subject to provisions of this subdivision which were incorrectly labeled or represented as to kind; species; subspecies, if appropriate; variety; type; origin; elevation; or year of collection, if required, when the seeds cannot be identified by examination of them, unless he has failed to obtain an invoice, genuine grower's or tree seed collector's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and labels.
III. The provisions of RSA 433:3 and 4 shall not apply to tree seed produced by the consumer or sellers of less than 25 pounds of fruit, flower, or vegetable seeds per year.
Source.
1990, 126:2, eff. June 18, 1990. 2014, 58:2, eff. July 26, 2014.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:7-a - Preemption of Local Regulation.

433:7-a Preemption of Local Regulation. –
Administration and enforcement of this subdivision shall be implemented in an equitable manner throughout the state. This subdivision is of statewide concern and occupies the whole field of regulation regarding the display, distribution, growing, cultivation, harvesting, production, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use; or the inspection, analysis, examination, certification, classification, testing, or licensing of agricultural, flower tree, shrub, or vegetable seeds, or products or sellers of such seeds to the exclusion of all local regulation. Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the display, distribution, growing, cultivation, harvesting, production labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, storage, transportation, or other use, or the inspection, analysis, examination, certification, classification, testing, licensing, of agricultural, flower tree, shrub, or vegetable seeds or products or sellers of such seeds and any of those ordinances, laws, or regulations are void and of no force or effect. Nothing in this subdivision shall limit the authority of any political subdivision to adopt and enforce planning, zoning and related regulations under RSA 674, including the authority to require native plantings, and combat invasive species listed in accordance with RSA 430:53 as part of a planning board's site plan review or subdivision authority or as a condition of a zoning board of adjustment's granting of a variance or special exception.
Source.
2018, 169:1, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:8 - Seizure.

433:8 Seizure. –
Any lot of seed not in compliance with the provisions of this subdivision shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seed is located. If the court finds the seed to be in violation of this subdivision and orders the condemnation of said seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state, provided that in no instance shall the court order such disposition of said seed without first having given the claimant an opportunity to apply to the court for the release of said seed or permission to process or relabel it to meet the requirements of this subdivision.
Source.
1990, 126:2, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:9 - Injunction.

433:9 Injunction. –
When, in the performance of his duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subdivision or any rules adopted under this subdivision, the injunction shall be issued without bond.
Source.
1990, 126:2, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:9-a - Licensing Requirements.

433:9-a Licensing Requirements. –
No person shall label agricultural, vegetable, flower, and tree and shrub seeds for planting purposes for distribution or sale in this state without first having obtained a seed labeling license. The license application shall be submitted on forms furnished by the commissioner and shall be accompanied by the license fee as prescribed by the commissioner. Sellers of less than 25 pounds of fruit, flower, or vegetable seeds per year shall be exempt from the licensure requirements of this section.
Source.
1990, 126:3, eff. June 18, 1990. 2014, 58:1, eff. July 26, 2014.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:9-b - Penalties.

433:9-b 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.
1990, 126:3, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:10 - Definition.

433:10 Definition. –
The term "certified plants" and the term "certified seeds" used in this subdivision shall mean any variety of horticultural or agronomic plants or seeds that have been inspected by the commissioner of agriculture, markets, and food or his authorized agent and found to be reasonably free from disease and true to name as specified in rules adopted by the commissioner of agriculture, markets, and food under the provisions of this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:11 - Application for Inspection.

433:11 Application for Inspection. –
Any grower of plants or seeds approved by the commissioner of agriculture, markets, and food may make application to the commissioner for inspection and certification of his plant or seed crop under such rules as the commissioner may adopt under RSA 541-A. The commissioner of agriculture, markets, and food or his authorized agent shall issue such certificates of inspection and designate or provide such official tags for marking certified plants or certified seeds and establish such standards of grade and quality as are necessary to safeguard the privileges and services provided for in this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:12 - Acceptance for Certification.

433:12 Acceptance for Certification. –
Any variety of plant or seed entered for certification must first be approved by a plant and seed certification board, appointed by the commissioner of agriculture, markets, and food with the approval of the advisory board of the department.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:13 - Prohibitions.

433:13 Prohibitions. –
No person in connection with the sale of plants or seeds shall use the term "certified" or any similar term which may tend to convey that the same have been certified under RSA 433:11, either orally or on tags, containers or labels or in advertising unless said plants or seeds have been inspected and certified under RSA 433:11.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:14 - Rulemaking.

433:14 Rulemaking. –
The commissioner of agriculture, markets, and food is hereby authorized to adopt all necessary rules and to establish such fees as are necessary to carry out the provisions of this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:15 - Penalties.

433:15 Penalties. –
Any person, partnership, association or corporation, and any officer, agent, servant or employee thereof violating any of the provisions of this subdivision shall be guilty of a misdemeanor for each offense. If any such person, partnership, association or corporation shall be twice convicted of a violation of this subdivision, the commissioner of agriculture, markets, and food may prohibit him from marketing certified plants or seeds for a period of not less than 2 nor more than 4 years after such prohibition.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:16 - Definition.

433:16 Definition. –
The term "certified seed potatoes" as used in this subdivision shall include potatoes (Solanum tuberosum) that have been inspected and tested by the commissioner of agriculture, markets, and food or his authorized agents and found to be reasonably free from disease and other defects, as specified in the rules adopted by the commissioner of agriculture, markets, and food under the provisions of this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:17 - Application for Inspection.

433:17 Application for Inspection. –
Any grower of potatoes in New Hampshire may make application to the commissioner of agriculture, markets, and food for inspection and certification of his potato crop for seed purposes, under such rules as the commissioner may adopt. The commissioner of agriculture, markets, and food or his authorized agents shall issue such certificates of inspection, and designate or provide such official tags for marking containers of certified seed and establish such standards of grade and quality as are necessary to safeguard the privileges and service provided for in this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:18 - Prohibitions.

433:18 Prohibitions. –
No person, in connection with the sale of seed potatoes, shall use the term "certified" or any similar term which may tend to convey that the same has been certified under this subdivision, either orally or on tags, containers, or labels or in advertising unless said seed potatoes have been inspected and certified under this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:19 - Rulemaking.

433:19 Rulemaking. –
The commissioner of agriculture, markets, and food is hereby authorized to adopt all necessary rules to carry out the provisions of this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:20 - Penalties.

433:20 Penalties. –
Any person, partnership, association or corporation, and any officer, agency, servant or employee thereof, violating any of the provisions of this subdivision shall be guilty of a misdemeanor for each offense. If any such person, partnership, association, or corporation shall be twice convicted of a violation of this subdivision, the commissioner of agriculture, markets, and food may prohibit him from marketing certified seed potatoes for a period of not less than 2 nor more than 4 years after such prohibition.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:22 - Rulemaking Authority.

433:22 Rulemaking Authority. –
The commissioner shall adopt rules under RSA 541-A relative to:
I. The issuing of orders under the provisions of this subdivision.
II. The issuing of licenses as may be necessary.
III. Establishing fees for certificates and licenses issued under this subdivision, as well as any publications printed for distribution to the general public.
IV. The collection of fees under this subdivision.
V. The printing, publishing, posting and distribution of reports made available to the public.
VI. Quarantine measures that may be taken when pests are found in any geographic area.
VII. Reasonable rules as may be needed to carry out and enforce the provisions of this subdivision.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:2, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:23 - Certified Stock.

433:23 Certified Stock. –
All nursery stock shipped into New Hampshire shall bear on each consignment or package a valid license or certificate number indicating that the contents of that consignment or package have been inspected by a duly authorized inspecting officer, and that the contents are apparently free from all dangerous insects and plant diseases, and are therefore certified stock.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:3, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:24 - Cooperative Agreements; Grants-in-Aid.

433:24 Cooperative Agreements;  Grants-in-Aid. –
The department is authorized to cooperate, receive grants-in-aid, and enter into agreements with any individual, organization, or county, state or federal agency for the purpose of implementing the provisions of this subdivision. The department may also enforce any federal quarantine or regulation promulgated under federal quarantine within the state of New Hampshire.
Source.
1985, 33:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:25 - Fees.

433:25 Fees. –
The commissioner may establish reasonable fees pursuant to RSA 433:22, III.
Source.
1985, 33:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:26 - Director.

433:26 Director. –
The director may hire such nursery inspectors as he may deem necessary within his budgetary limitations.
Source.
1985, 33:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:27 - Regulation of Horticultural Services.

433:27 Regulation of Horticultural Services. –
Any person engaged in horticultural services shall be subject to regulation by the commissioner under this subdivision.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:4, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:28 - Nursery Stock Requirements.

433:28 Nursery Stock Requirements. –
I. Woody-stemmed deciduous nursery stock shall have moist green cambium tissue in the stem or stems and branches, and shall have viable buds or normal green, rigid growth. Growth shall be sufficient to permit the stock to live and grow in a form characteristic of the species when planted and given reasonable care. Nursery stock which does not meet those standards shall not be sold or offered for sale.
II. Hardy herbaceous biennials or perennials, when in a wilted, rotted, or other such condition indicative of subnormal vitality, shall not be sold or offered for sale.
III. Any bare-rooted or prepackaged woody-stemmed nursery stock having more than 2 inches of etiolated (nongreen) growth from individual buds shall not be sold or offered for sale.
IV. Balled and burlapped or containerized nursery stock in a weakened condition as evidenced by die-back or dryness of foliage shall not be sold or offered for sale.
V. Nursery stock infected with plant diseases or infested with plant pests shall not be offered for sale or given away.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:5, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:29 - Nursery Inspection.

433:29 Nursery Inspection. –
A nursery inspector shall inspect any nursery as determined necessary by the director. Nurseries shall be accessible at reasonable times for inspection. Nursery inspectors shall verify that nursery stock requirements are in compliance with RSA 433:28.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:6, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:29-a - License Required.

433:29-a License Required. –
A person, firm, or corporation may not engage in or continue in the business of selling nursery stock without first obtaining a license to conduct such business in the state. Licenses are non-transferable and each business shall possess a valid license for each business location.
Source.
2002, 7:7, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:30 - Diseased, Infested Stock; Stop Sale, Destruction.

433:30 Diseased, Infested Stock;  Stop Sale, Destruction. –
I. Only sound, healthy nursery stock, which will maintain its vigor, shall be offered for sale. The offering for sale of stock which is infected with diseases or infested with plant pests is a violation of this subdivision. Whenever the director has reason to believe that any nursery or plant dealer in the state has introduced or is offering for sale diseased or infested stock, the director or a nursery inspector shall inspect that stock. If, upon inspection, the director or a nursery inspector finds any such stock, the inspector may order the plants, either individually or in blocks, to be:
(a) Made subject to a stop sale order.
(b) Treated by the nurseryman.
(c) Destroyed according to the nursery inspector's instructions.
II. Plants ordered destroyed or subject to a stop sale order must be clearly separable from noninfested stock. Any order must be confirmed in writing within 7 days or clearly marked on the inspection report. The order shall include the reason for action, a description of the nursery stock affected, and any recommended treatment. Destruction of condemned stock shall be at the expense of the owner. Stop sale tags may not be removed except by written permission of the director or upon suitable disposal of the infested plants.
III. A person issued any order under paragraph I may appeal that order by letter to the commissioner within 15 days after receiving the order. The letter shall state any grounds for appealing and designate the plants affected.
IV. A nursery inspector shall reinspect a nursery or plant dealer as determined necessary by the director. If the nursery or plant dealer is still in violation of the requirements and despite the inspector's efforts, a stop sale shall be implemented and the nursery or plant dealer license revoked. After further inspection, the director may reinstate the nursery or plant dealer license.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:8, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:31 - Lack of Certificate.

433:31 Lack of Certificate. –
If nursery stock is brought into the state without a certificate of inspection, or notification of licensure, the consignee shall return it to the consignor at the expense of the consignor, or shall call the director to inspect the nursery stock.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:9, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:32 - Prohibitions; Penalties.

433:32 Prohibitions;  Penalties. –
I. The following actions are prohibited:
(a) Selling, distributing, receiving, or delivering nursery stock which has not been licensed or certified.
(b) Using a nursery or plant dealer license after it has been revoked or suspended or has expired.
(c) Offering any hindrance or resistance to the carrying out of the provisions of this subdivision.
(d) Knowingly permitting any plant pest declared a public nuisance to exist on his or her premises or selling, offering for sale, giving away or moving any plants, plant products, or other material capable of harboring the pest.
II. Any person or employee or agent of that person, who violates any provision of this subdivision or rule adopted under this subdivision, shall be guilty of a violation. 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.
III. 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, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
IV. 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, 33:1, eff. July 1, 1985. 2002, 7:10, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:33 - Right of Entry.

433:33 Right of Entry. –
The commissioner, director, and nursery inspectors shall at all times have the right to enter any public or private grounds in the performance of any duty under this subdivision.
Source.
1985, 33:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:34 - Quarantine.

433:34 Quarantine. –
The commissioner may establish quarantines as specified in the law or under the rules to prevent dissemination of plant pests within the state. When any pests that have the potential to cause serious damage to agriculture are found in any geographic area, that area and any adjacent areas shall be quarantined. After a quarantine is established, the commissioner shall adopt any rules necessary to prevent or reduce the movement of that pest from the quarantined area and may implement any limitation or treatment measures necessary for the containment or eradication of that pest.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:11, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:35 - Suspension of License.

433:35 Suspension of License. –
The director may at any time suspend a license issued under the provisions of RSA 433:29-a if dangerous insect or plant disease pests are found upon the premises, either on the plants or in the soil, and shall not reinstate the license until such time as such pests have been suppressed or eradicated.
Source.
1985, 33:1, eff. July 1, 1985. 2002, 7:12, eff. Mar. 12, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:36 - Prosecution.

433:36 Prosecution. –
Any person violating the provisions of this subdivision shall be prosecuted by the office of the attorney general.
Source.
1985, 33:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433 - Seeds, Plants and Nursery Stock › Section 433:37 - Repealed by 2019, 35:3, eff. Nov. 1, 2019.

433:37 Repealed by 2019, 35:3, eff. Nov. 1, 2019. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:1 - Title.

433-A:1 Title. –
This chapter may be cited as the "New Hampshire Horticultural Growing Media Act."
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:2 - Enforcement; Rulemaking.

433-A:2 Enforcement;  Rulemaking. –
This chapter shall be administered by the commissioner of the department of agriculture, markets, and food. The commissioner shall adopt rules under RSA 541-A necessary to the proper enforcement and administration of this chapter.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:3 - Definitions.

433-A:3 Definitions. –
In this chapter:
I. "Brand or product name" means a specific designation applied to an individual horticultural growing medium.
II. "Bulk" means not in a package or in packages of one cubic yard or more.
III. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
IV. "Custom medium" means a horticultural growing medium which is prepared to exact specifications of the person who will be planting in the medium.
V. "Distribute" means to offer for sale, sell, barter, or exchange, or otherwise supply or make available.
VI. "Horticultural growing medium" means any substance or mixture of substances which is promoted or is intended to function as a commercial or consumer growing medium for the managed growth of horticultural crops in containers.
VII. "Label" means the display of all written, printed, or graphic matter on or attached to the immediate container or, in the case of a bulk product, accompanying the lot of horticultural growing medium. Registration documents provided by manufacturers to the commissioner shall not be part of the product label.
VIII. "Labeling" means, in addition to the label, any written, printed, or graphic matter accompanying any horticultural growing medium; any advertisements, brochures, or posters; or any television, radio, or other announcements used in promoting the sale of a horticultural growing medium. Registration documents provided by manufacturers to the commissioner shall not be part of product labeling.
IX. "Person" means individuals, partnerships, corporations, other organized bodies or entities, or any combination of them.
X. "Registrant" means the person whose name appears on the label of a horticultural growing medium and who is responsible for labeling and guaranteeing such medium label claims.
XI. "Verification of label claims" means the information of an explanatory nature describing how the registrant determined the truthfulness and accuracy of the registrant's words or statements describing the product according to recognized standards.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:4 - Inspections.

433-A:4 Inspections. –
The commissioner may inspect or cause to be inspected by duly authorized employees any products sold as horticultural growing media. For this purpose, the commissioner shall have the power to enter into or upon any point of sale during operating hours upon notice and to open and sample any bulk material, bundle, package, or other container containing or thought to contain any horticultural growing medium or to inspect labels.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:5 - Registration and Labeling; Rulemaking.

433-A:5 Registration and Labeling;  Rulemaking. –
The commissioner may adopt such rules under RSA 541-A as the commissioner deems necessary to ensure the accuracy or truthfulness of labels, labeling, registration documents, and content of horticultural growing media, including but not limited to:
I. Requiring that all registrants of horticultural growing media register each product name with the commissioner and supply the commissioner with a complete label for each product name.
II. Require every person registering any horticultural growing medium in this state to furnish on forms supplied by the commissioner such information as the commissioner may require on labeling, verification of label claims, or composition of any horticultural growing medium.
III. Requiring that all registrants of horticultural growing media supply analyses of horticultural growing media they have distributed, upon request of the commissioner.
IV. Specifying the contents of the label and the manner of expressing the contents required on each package or accompanying each bulk shipment of horticultural growing media, provided that product labels shall not require terms or manners of expression which shall interfere with interstate commerce.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:6 - Registration and Inspection Fees; Fund Established.

433-A:6 Registration and Inspection Fees;  Fund Established. –
The commissioner shall collect a $50 annual registration and inspection fee for each product registered. The fees collected under this section shall be deposited with the state treasurer into the agriculture products and scale testing fund established in RSA 435:20, IV. Moneys from the fund shall be used to offset costs associated with registration and inspection of horticultural growing media.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:7 - Exemptions.

433-A:7 Exemptions. –
I. Distribution of horticultural growing media planted with live plant material is exempt from the labeling and registration requirements imposed pursuant to this chapter.
II. Distribution of horticultural growing media that is sold to consumers at the site of production and is not distributed by other means or intended for commercial use is exempt from the registration requirements imposed pursuant to this chapter.
III. Distribution of custom media is exempt from registration requirements imposed pursuant to this chapter provided it is prepared for a single end user.
IV. Distribution of horticultural growing media with applied plant nutrients shall be exempt from the requirements of RSA 431:1-20.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:8 - Revocation of Registration or License.

433-A:8 Revocation of Registration or License. –
The commissioner is authorized to revoke registrations of any person or to refuse to register horticultural growing media upon satisfactory evidence that the registrant or person has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this chapter or of any rules adopted under this chapter. No registration shall be revoked or denied until the registrant or person has been notified by certified mail, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard by the commissioner or an authorized representative.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:9 - "Stop Sale" Orders.

433-A:9 "Stop Sale" Orders. –
The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of horticultural growing media and to hold at a designated place when the commissioner finds the horticultural growing media is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and such horticultural growing media is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the horticultural growing media so withdrawn when the requirements of the provisions of this chapter have been complied with and all costs and expenses incurred, as established by rule, in connection with the withdrawal have been paid.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:10 - Injunctions.

433-A:10 Injunctions. –
The commissioner is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. Any such injunction shall be issued with bond.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:11 - Unlawful Acts.

433-A:11 Unlawful Acts. –
It shall be unlawful for any person to:
I. Distribute an unregistered horticultural growing medium, unless exempted from the registration requirements of this chapter.
II. Distribute a horticultural growing medium if the label on such medium does not reflect its composition.
III. Fail to supply the commissioner with analyses of horticultural growing media when requested by the commissioner or a person authorized by the commissioner under this chapter to make such requests.
IV. Distribute an adulterated horticultural growing medium. Such medium shall be deemed to be adulterated if:
(a) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label.
(b) Its composition falls below or differs significantly from that which it is purported to possess by its labeling.
(c) It contains viable weed seed exceeding the amounts specified in RSA 433:4, I(d)-(e).
V. Fail to cease distribution of any horticultural growing medium for which the commissioner has issued a stop sale order.
VI. Obstruct the commissioner in the performance of the commissioner's duties under this chapter.
Source.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-A - Horticultural Growing Media › Section 433-A:12 - Penalties.

433-A:12 Penalties. –
I. Any person who, individually or through a servant or agent, violates any provision of this chapter or rule adopted under this chapter shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if an individual, or guilty of a felony if any other person.
II. Any person who violates any provision of this chapter or any rule adopted or order issued under this chapter 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 chapter, 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.
1997, 141:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-C - Industrial Hemp Research › Section 433-C:1 - Industrial Hemp Defined.

433-C:1 Industrial Hemp Defined. –
"Industrial hemp" means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Source.
2015, 233:1, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-C - Industrial Hemp Research › Section 433-C:2 - Authorization.

433-C:2 Authorization. –
An institution of higher education, as defined in 20 U.S.C. section 1001, may grow or cultivate or may contract with a private party to grow or cultivate, industrial hemp, on site or off site, for purposes of research under an agricultural pilot program or other agricultural or academic research. In addition to studying the plant's growth and cultivation, the research shall also study the economics of industrial hemp, including markets and processing. Industrial hemp grown or cultivated in accordance with this chapter shall not be considered a controlled drug or controlled substance under RSA 318-B.
Source.
2015, 233:1, eff. Sept. 11, 2015. 2021, 206:2, Pt. X, Sec. 1, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 433-C - Industrial Hemp Research › Section 433-C:3 - Regulation.

433-C:3 Regulation. –
All research shall be undertaken in coordination with the department of agriculture, markets, and food. The department may certify and register sites used to grow or cultivate industrial hemp and may adopt rules to regulate such research to the extent necessary to comport with 7 U.S.C. section 5940. Such rules shall be exempt from RSA 541-A. All research projects shall conclude within 3 years of commencement.
Source.
2015, 233:1, eff. Sept. 11, 2015.