reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:15 - Interstate Conferences and Compacts.

425:15 Interstate Conferences and Compacts. –
I. The commissioner shall have power to enter into compacts, subject to congressional approval, with legally constituted milk commissions or similar authorities of other states or of the United States of America to effect a uniformity in regulating and insuring an adequate supply of pure and wholesome milk to the inhabitants of this state, to provide uniform control of milk produced in this state and handled in interstate commerce and to exercise all the powers hereunder for such purpose as well as the following powers:
(a) To conduct joint investigations and hearings and to issue joint or concurrent orders.
(b) To employ or designate a joint agent or agencies to enforce such orders or compacts.
(c) To provide for classifications of milk in accordance with the form in which it is used or moved with uniform minimum prices or methods of fixing such prices for each class.
(d) To provide for payment to all producers and associations of producers delivering milk to dealers of uniform prices subject to adjustments with the joint agent for location and butterfat content.
(e) To make such joint regulations as may be incidental to and not inconsistent with the foregoing and as may be necessary to effectuate the above-mentioned powers.
II. The commissioner shall not enter into any compact which would provide for the fixing of prices on the sale or resale of milk unless he has obtained prior approval of the governor and council.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:16 - State Buildings at Eastern States Exposition.

425:16 State Buildings at Eastern States Exposition. –
The commissioner of agriculture, markets, and food shall operate the state building at the Eastern States Exposition, and his legitimate expenses incurred in the performance of this duty shall be a charge upon the appropriation made therefor.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:17 - Advisory Committee.

425:17 Advisory Committee. –
The New Hampshire region trustee board of the Eastern States Exposition shall constitute an advisory committee to the commissioner of agriculture, markets, and food with whom the commissioner shall consult from time to time in the operation of the state building at the exposition. The trustees shall serve without compensation.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:18 - Income and Operating Charges.

425:18 Income and Operating Charges. –
The commissioner, at his discretion, may rent the building or parts thereof for exhibition purposes, at reasonable rates, giving first preference to exhibitors of this state. The commissioner may also rent the building, or any parts thereof, for the purpose of storage or other uses, as necessary for supplemental income to help defray operating expenses. From the income received he shall pay the expenses and operating charges of the building, which may include a reasonable sum for insurance and improvements; any remaining balance shall be deposited with the state treasurer in a separate fund for the purposes of the eastern states building.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19 - Repairs.

425:19 Repairs. –
In case of partial or total destruction of the building by fire or otherwise, the commissioner may make needed repairs or replacement, with the approval of the governor and council, and may use the proceeds of any insurance.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-a - Declaration of Purpose.

425:19-a Declaration of Purpose. –
The general court finds that it is in the public interest to advance, encourage, and protect agricultural fairs including the exhibition of livestock and agricultural produce of all kinds, as well as related arts and businesses. Fair exhibitions are an integral and historical part of New Hampshire that provide an opportunity to educate and promote agriculture to the general public. The state further recognizes the need to support the activities of local youth organizations like 4-H and Future Farmers of America that encourage agricultural awareness and rural economic development.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-aa - Definitions.

425:19-aa Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
II. "Department" means the New Hampshire department of agriculture, markets, and food.
III. "Fair" means a member in good standing of the New Hampshire Association of Fairs and Expositions which is intended to promote agriculture and support rural economic development by including a balanced variety of exhibits of livestock and agricultural products as well as related arts and businesses, including products of farm home and educational contests, displays, and demonstrations designed to train youth and to promote agricultural awareness and rural economic development and living.
IV. "Fund" means the capital improvement program grant fund for fairs established in RSA 425:19-b.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-b - Capital Improvement Program Grant Fund.

425:19-b Capital Improvement Program Grant Fund. –
There is hereby established the capital improvement program grant fund to be used by the department to assist fairs in the manner provided by this chapter. Only the commissioner or the commissioner's designee may approve applications and authorize disbursements from the fund. The fund shall be nonlapsing for the purpose of administering this chapter should future state appropriations become available. Effective July 1, 2022, the state treasurer shall transfer into the capital improvement program grant fund from the state general fund the sum of $250,000.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-c - Capital Improvement Program; Grant Eligibility Conditions and Criteria.

425:19-c Capital Improvement Program;  Grant Eligibility Conditions and Criteria. –
The following conditions and criteria shall be met by a fair to be eligible for a capital improvement program grant awarded by the commissioner. However, the commissioner may make exceptions to the above conditions and criteria. The fair applicant shall:
I. Be a non-profit association located in New Hampshire that is a full member in good standing with the New Hampshire Association of Fairs and Expositions.
II. Annually hold events that offer contests or exhibits of 4-H members and clubs, Future Farmers of America members and clubs, granges, farm crops, domestic livestock competitions, or home crafts.
III. Be managed by a board of directors who are responsible for the business affairs and operational activities and policies.
IV. Have a board of directors who are subject to and compliant with local, state, and federal laws and regulations.
V. Have a treasurer who has charge of the financial affairs of the corporation and ensures that grant funds received from a state grant are used in accordance with the applicant's proposal as approved by the department commissioner.
VI. Operate a minimum of 3 consecutive, 8-hour days per year.
VII. Submit a capital improvement project that has a minimum useful life of 20 years and shall be completed within 2 years of execution of a contract to perform work authorized by the grant.
VIII. Contribute matching funds or in-kind services in an amount equal to 30 percent or more of the value of the grant.
IX. Not have already completed the project for which the applicant seeks reimbursement.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-d - Capital Improvement Grant Disbursements.

425:19-d Capital Improvement Grant Disbursements. –
I. The board of directors of a fair may apply to the department for grant award from the capital improvement program grant fund on forms provided by the department.
II. The commissioner shall allocate at least 95 percent of the capital improvement program grant fund, including fund interest, to eligible applicant fairs and distribute such funds according to merit as measured by a merit rating to be set by the commissioner. This merit rating shall take into account such factors as area and population served, youth participation, attendance, gate receipts, number and type of exhibits, community support, evidence of successful achievement of desired outcomes and purposes of the fair, extent of improvements made to grounds and facilities from year to year, rural and farming nature of the region served by the fair, and overall condition and appearance of grounds.
III. Any disbursements made under this section shall be made only as a disbursement in whole or in part for capital improvement expenses incurred by the fair.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-e - Health or Safety Capital Improvements and Contract Requirements.

425:19-e Health or Safety Capital Improvements and Contract Requirements. –
I. Subject to the availability of funds, the department shall provide grant funds on a competitive basis, to support capital projects that make health and safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public. The rules of such competition shall be established by the department in accordance with RSA 541-A.
II. The department shall develop and manage appropriate contracts with the selected applicants, monitor project expenditures and grantee performance, report project and contract information, and exercise due diligence, and other managerial responsibilities.
III. The department shall include provisions in the contracts which require that capital improvements be held by the grantee for a specific period of time appropriate to the amount of the grant and that facilities shall be used for the express purpose of the grant.
IV. The department may use the remaining funds from any general court appropriation to the state fair capital improvements for expenses incurred in the administration of the capital improvement grant program.
V. All deadlines and times required for the capital improvement grant program administration and disbursement of funds to fairs shall occur at such times as the commissioner may prescribe.
VI. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of New Hampshire general obligation bonds issued most closely to the date of authorization of the grant.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-f - Rulemaking.

425:19-f Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to the administration of the capital improvement grant program under this subdivision.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-g - Report of Grants.

425:19-g Report of Grants. –
The commissioner shall compile an annual report detailing the number of disbursements from the fund, the amount of each disbursement, what entity received the disbursement, and the purpose of the disbursement, and shall submit such report to the speaker of the house of representatives, the president of the senate, the chairpersons of the house and senate ways and means committees, the house and senate finance committees, and the house and senate committees with jurisdiction over environmental and agricultural issues, by November 1 of each year or until such time that all funds within the capital improvement program grant fund have been disbursed and expended.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-h - Financial Records.

425:19-h Financial Records. –
Each capital improvement grant recipient shall use the calendar year as its fiscal year for keeping the books, records, and reports relative to the use of grant funds. All records such as invoices, contracts, or other documents supporting grant fund uses shall be preserved and available to the commissioner in accordance with rules pursuant to RSA 425:19-f.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:19-i - Failure to Keep Records.

425:19-i Failure to Keep Records. –
The failure to keep financial records shall be considered sufficient cause for the commissioner of agriculture, markets, and food to withhold the distribution of funds.
Source.
2022, 208:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:20 - Division Established.

425:20 Division Established. –
The division of agricultural development is hereby created in the department of agriculture, markets, and food to foster, support and assist in the orderly development of the state's agricultural resources.
Source.
1985, 72:1. 1987, 149:3. 1995, 130:4, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:21 - Division Director; Salary.

425:21 Division Director;  Salary. –
I. The commissioner shall nominate a director for the division of agricultural development for appointment by the governor, with the consent of the council. The division director shall serve at the pleasure of the commissioner. The director shall be qualified by reason of professional competence, education, and experience.
II. The salary of the director shall be as specified in RSA 94:1-a.
Source.
1985, 72:1. 1987, 149:3, eff. July 10, 1987.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:21-a - Duties.

425:21-a Duties. –
The division of agricultural development is authorized and directed to obtain and disseminate information in regard to quality, quantity, and location of agricultural, horticultural, orchard, dairy, and other similar products; assist producers in finding available and profitable markets for such products; compile and publish data concerning production, consumption, and value of food and fiber products; assist producers in promoting and advertising agricultural commodities; cooperate with other state agencies, agricultural organizations, and institutes in activities which foster improved agricultural marketing opportunities; gather and disseminate information relative to agricultural land; and shall adopt all reasonable means in whatever manner to bring into closer relationship the producers and consumers of the state.
Source.
1987, 149:4, eff. July 10, 1987.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:22 - Advisory Board Established.

425:22 Advisory Board Established. –
I. There shall be a board advisory to the commissioner of agriculture, markets, and food which shall consist of the following 15 members:
(a) Ten members, one from each county, actively engaged in agriculture.
(b) One member who shall represent the petroleum industry.
(c) One member who shall represent the food distribution industry.
(d) One member who shall represent the food retailing industry.
(e) One member who shall represent consumer interests.
(f) One member who shall represent the advertising industry.
II. The term of office of members of the board shall be 5 years and until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term only. Appointments to the board shall be made by the governor with the advice and consent of the council on the basis of extensive experience and demonstrated ability and on a nonpartisan basis.
III. The governor shall annually designate a chairperson from among the membership. No member shall serve as chairperson more than 3 years.
IV. Members of the board shall serve without compensation, but shall be entitled to receive mileage and expenses when in performance of the duties required under this subdivision.
V. A member who has 2 unexcused absences from meetings of the board shall be automatically dropped from the board, and a new member shall be appointed before the next meeting.
VI. A majority of the seated membership plus one shall constitute a quorum of the board.
Source.
1985, 72:1. 1995, 130:3. 2000, 72:1, eff. June 20, 2000. 2023, 73:1, 2, eff. June 7, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:23 - Advisory Board; Duties.

425:23 Advisory Board;  Duties. –
The board shall consult with and advise the commissioner of agriculture, markets, and food with respect to the laws, policies, programs, and operations of the department on a continuing basis and for such purposes shall meet with the commissioner not less than semi-annually at the call of the chairperson or 3 board members. Each meeting shall be advertised with a portion designated for public input at which interested persons may appear and be heard regarding matters affecting agriculture, markets, and food and related laws. Any member of the board or public may request that the commissioner be excused for any portion of public input at which time the commissioner shall leave the meeting. Upon expiration of the term of office of the commissioner of agriculture, markets, and food, or upon the occurrence of a vacancy in such office, it shall be the duty of the board to submit advisory recommendations to the governor and council concerning such new appointment or the filling of such vacancy.
Source.
1985, 72:1. 1995, 130:3, eff. July 23, 1995. 2007, 81:1, eff. Aug. 10, 2007. 2023, 73:3, eff. June 7, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:24 - Repealed by 1995, 130:9, VI, eff. July 23, 1995.

425:24 Repealed by 1995, 130:9, VI, eff. July 23, 1995. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:26 - Repealed by 2012, 250:2, eff. Nov. 2, 2012.

425:26 Repealed by 2012, 250:2, eff. Nov. 2, 2012. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:1 - Official Grades and Standards.

426:1 Official Grades and Standards. –
The commissioner of agriculture, markets, and food, whenever, in the commissioner's opinion, the public good so requires, may adopt rules, pursuant to RSA 541-A, establishing official grades and standards for farm products which are produced within the state for purposes of sale.
Source.
1985, 72:1. 1995, 130:5. 1997, 104:1, eff. June 9, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:2 - Brands and Labels.

426:2 Brands and Labels. –
When such grades and standards are so established, the commissioner may determine the design of brands or labels for identifying such farm products, may cause said brands or labels to be printed and may authorize their use upon written application and payment of reasonable compensation therefor. Whenever upon investigation it shall appear that such brands or labels have been misused, the commissioner may revoke or suspend said authorization.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:3 - Publication.

426:3 Publication. –
The establishment of such grades and standards and the determination of the design for such brands or labels shall not be effective until reasonable notice by publication has been given. The commissioner may distribute information relative to such grades, standards, brands and labels.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:4 - Use of Brands and Labels Restricted.

426:4 Use of Brands and Labels Restricted. –
After the establishment of grades and standards and the determination of the design of the brands or labels as provided in this chapter, it shall be unlawful to use such brand or label to identify farm products as being of an established grade or standard without authorization for its use, or after the revocation of the right to use such brand or label by the commissioner. For the purpose of further protecting the grades as officially established by the commissioner, or any grades established under an act of Congress by the United States Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated. When, in the opinion of the commissioner or the commissioner's representative, it is believed that any lot or lots of such products so identified, advertised, designated, or described may not be of the grade indicated, the commissioner shall cause inspections of such products to be made for the purpose of determining the actual grade.
Source.
1985, 72:1. 1997, 104:2, eff. June 9, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:5 - Use of Words "Native," "Local," and "Our Own."

426:5 Use of Words "Native," "Local," and "Our Own." –
I. No farm products sold, offered, or exposed for sale or distribution in the state shall be advertised, labeled, or described as "native" unless they were grown or produced in the state of New Hampshire.
II. It shall be unlawful to advertise, label, or describe farm products sold, offered, or exposed for sale or distribution in this state in terms that are false, deceptive, or misleading as to the place of origin of the farm products. The term "our own" is deceptive when used to describe farm products unless they were grown or produced by the operator of the retail location. The terms "local," "locally grown," or "locally produced" are deceptive when used to describe farm products unless they were grown or produced within the state of New Hampshire.
Source.
1985, 72:1. 1997, 104:3, eff. June 9, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:6 - Definition.

426:6 Definition. –
In this chapter, "organic" means an agricultural plant, animal, food, or fiber commodity produced in accordance with the Organic Foods Production Act of 1990, Public Law 101-624 , and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.
Source.
1985, 72:1. 1986, 20:1, eff. June 17, 1986. 2002, 38:1, eff. April 19, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:6-a - Labeling and Advertising.

426:6-a Labeling and Advertising. –
An agricultural plant, animal, food, or fiber commodity shall not be sold or labeled as organic unless it meets the requirements set forth in the Organic Foods Production Act of 1990, Public Law 101-624 , and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.
Source.
1986, 20:1, eff. June 17, 1986. 2002, 38:2, eff. April 19, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:6-b - Certification.

426:6-b Certification. –
I. Any producer, processor, on-farm processor or handler of agricultural plant, animal, food, or fiber commodities that are sold, labeled, or represented as "100 percent organic," "organic," "made with organic," or similar terms, shall be enrolled in a certification program which includes an inspection made no less than annually, by a certifying agency accredited by the United States Department of Agriculture in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, unless such producer, processor, or handler is exempted therein.
II. The commissioner may enter into a cooperative agreement with the United States Department of Agriculture to become an accredited certifying agency as provided for by the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, and to implement the provisions thereof.
III. The commissioner may employ inspectors to certify agricultural producers, processors, on-farm processors and handlers in this state, and to determine whether or not agricultural plant, animal, food, or fiber commodities are marked, branded, or labeled in accordance with the labeling requirements set forth in this chapter and in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.
IV, V. [Repealed.]
VI. For purposes of this chapter "on-farm processor" means a processor who uses products grown or raised on his or her own farm.
Source.
1986, 20:1, eff. June 17, 1986. 2002, 38:3, eff. April 19, 2002. 2003, 177:1, 2, eff. Aug. 22, 2003; 177:5, 7, eff. July 1, 2007. 2013, 136:3, eff. June 27, 2013.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:6-c - Regulatory Services Promotional Products Fund.

426:6-c Regulatory Services Promotional Products Fund. –
There is established a separate, nonlapsing fund to be known as the regulatory services promotional products fund. The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering specialty agricultural programs and providing promotional products to program participants.
Source.
2019, 134:24, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:6-d - Organic Processors-Handlers Certification Fund.

426:6-d Organic Processors-Handlers Certification Fund. –
There is established a separate, nonlapsing fund to be known as the organic processors-handlers certification fund. The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering the certification program for organic processors and handlers. Certification and inspection fees paid under RSA 426:8-a shall be deposited in the fund.
Source.
2019, 134:24, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:7 - Inspections.

426:7 Inspections. –
The commissioner may employ inspectors to inspect farm products, marked, branded or labeled in accordance with official grades or standards so established, for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Upon such investigation, the inspector may issue a certificate which shall state the date and place of inspection, the grade, condition and quality of the farm products inspected and such other facts as the commissioner may require. Such a certificate and all federal certificates relative to the condition or quality of said farm products shall be prima facie evidence in all courts of the state of the facts set forth in such certificates.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:7-a - Stop Sale, Use or Removal Orders.

426:7-a Stop Sale, Use or Removal Orders. –
When the commissioner or the commissioner's authorized agent has reasonable cause to believe farm products advertised as "native," "local," "locally grown," "our own," or "locally produced" are being distributed in violation of any of the provisions of this chapter, or of any of the rules adopted under this chapter, the commissioner or agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such farm products. The farm products shall not be sold, used or removed until the provisions of this chapter have been complied with and the farm products have been released by the commissioner or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
Source.
1985, 34:3. 1997, 104:4, eff. June 9, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:8 - Rulemaking; Fees.

426:8 Rulemaking;  Fees. –
The commissioner may adopt rules, pursuant to RSA 541-A, for carrying out the provisions of this chapter.
Source.
1985, 72:1, eff. July 1, 1985. 2002, 38:4, eff. April 19, 2002. 2003, 177:3, eff. Aug. 22, 2003; 177:6, eff. July 1, 2007. 2013, 136:4, eff. June 27, 2013.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:8-a - Organic Processors and Handlers; Fees.

426:8-a Organic Processors and Handlers;  Fees. –
I. Each applicant under RSA 426:6-b shall pay a certification fee as follows:
(a) Processors and handlers which are not on-farm processors shall pay:
(1) A $250 fee for the primary facility; and
(2) A $100 fee for each additional processing or handling facility.
(b) On-farm processors shall pay a $50 fee.
II. Each applicant for organic processor, handler, or on-farm processor certification shall pay an inspection fee calculated by the department as follows:
(a) A rate of $35 per hour of inspection time, including travel time, by the department's inspectors; and
(b) Travel expenses to and from the applicant's facility at a rate of $0. 55 per mile.
(c) The inspection fee shall be calculated after the inspection visit is completed and a subsequent inspection report has been filed with the department.
(d) The inspection fee shall be payable within 30 days of the billing date.
III. Such fees shall be credited to the organic processors-handlers certification fund established in RSA 426:6-d.
Source.
2013, 136:5, eff. June 27, 2013. 2019, 134:25, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:9 - Free Access.

426:9 Free Access. –
The commissioner, deputy commissioner, inspectors, or authorized assistants shall have free access at all reasonable times to any building or other place where farm products to which this chapter applies are believed to be held for purposes of sale, and may open any bags, crates, or other containers found therein and examine their contents, for the purpose of enforcing the provisions of this chapter. Samples may be removed therefrom by tendering to the holder thereof the market price for the samples.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426 - Standards for Farm Products › Section 426:10 - Penalties.

426:10 Penalties. –
I. Any person who, personally or by 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 a natural person, 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.
1985, 72:1. 1991, 44:1. 1997, 104:5, eff. June 9, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426-A - Produce Safety › Section 426-A:1 - Definitions.

[RSA 426-A:1 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:1 Definitions. –
I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
II. "Department" means the department of agriculture, markets, and food.
III. "Farm" means any farm engaged in the growing, harvesting, packing, or holding of produce pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.3.
IV. "Produce" means any produce that is a raw agricultural commodity pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.3.
V. "Qualified exemption" means a farm is eligible for a qualified exemption and associated modified requirements in a calendar year pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.5.
Source.
2018, 323:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426-A - Produce Safety › Section 426-A:2 - Authority; Enforcement.

[RSA 426-A:2 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:2 Authority;  Enforcement. –
Subject to sufficient federal funding, the department shall enforce the Food Safety Modernization Act, Public Law 111-353, codified at 21 U.S.C. section 301 et seq., for standards of growing, harvesting, packing, and holding of produce for human consumption, 21 C.F.R. Part 112, as incorporated by reference including any subsequent amendments thereto.
Source.
2018, 323:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426-A - Produce Safety › Section 426-A:3 - Funding of Program.

[RSA 426-A:3 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:3 Funding of Program. –
The commissioner is authorized to receive and expend federal funds appropriated for administration of this chapter.
Source.
2018, 323:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426-A - Produce Safety › Section 426-A:4 - Farm Inspections.

[RSA 426-A:4 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:4 Farm Inspections. –
I. The department may inspect a farm during reasonable hours for the purpose of determining compliance with:
(a) The federal standards for growing, harvesting, packing, and holding of produce for human consumption, in accordance 21 C.F.R. Part 112; and
(b) Rules adopted under this chapter.
II. This section shall not limit the commissioner's authority to respond when an imminent health hazard is suspected in order to protect public health.
III. Upon successful inspection, the commissioner may issue a certificate at the request of the farm to include the name of the farm, date and place of inspection, and other information in compliance with the rules adopted by the commissioner pursuant to RSA 541-A.
IV. Failure to comply with the requirements of 21 C.F.R. Part 112, issued under section 419 of the Food, Drug, and Cosmetic Act, is a prohibited act under section 301 (vv) of the Food, Drug, and Cosmetic Act.
V. A farm that is eligible for a qualified exemption in accordance with Part 112.5 shall establish and keep records as required pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.7.
Source.
2018, 323:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426-A - Produce Safety › Section 426-A:5 - Records.

[RSA 426-A:5 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:5 Records. –
The owner or operator of a produce farm shall maintain records required by the federal Food Safety Modernization Act, rules adopted thereunder, and rules adopted under this chapter pursuant to RSA 541-A and shall make those records available to the department upon request.
Source.
2018, 323:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426-A - Produce Safety › Section 426-A:6 - Rulemaking.

[RSA 426-A:6 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:6 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the administration of this chapter.
Source.
2018, 323:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 426-A - Produce Safety › Section 426-A:7 - Produce; Stop Sale.

[RSA 426-A:7 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:7 Produce;  Stop Sale. –
When the commissioner or the commissioner's authorized agent has reasonable cause to believe produce is being distributed in violation of any of the provisions of this chapter, or of any of the rules adopted under this chapter, the commissioner or agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such produce. The produce shall not be sold, used or removed until the provisions of this chapter have been complied with and the produce has been released by the commissioner or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
Source.
2021, 21:2, eff. May 6, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:1 - Declaration of Policy.

427:1 Declaration of Policy. –
Meat and meat food products are an important element in our state's total food supply. To protect the health and welfare of consumers, meat, and meat food products produced and distributed in the state should be wholesome, unadulterated, and properly marked, labeled, and packaged. Allowing the sale or distribution of meat and meat food products that fail to meet this standard would not only endanger the public health, but also disadvantage those livestock producers and meat processors who maintain proper standards. It is hereby found that in order to protect the health and welfare of consumers and maintain the state's infrastructure for producing high quality livestock and meat, it is appropriate that the commissioner, in cooperation with the United States Department of Agriculture (USDA), regulate livestock production and meat processing.
Source.
1985, 72:1, eff. July 1, 1985. 2017, 145:1, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:1-a - Applicability.

427:1-a Applicability. –
I. The purposes and requirements of this chapter may be fulfilled for both intrastate and interstate distribution and sale of meat and meat products by adhering to the requirements of the USDA detailed in 21 U.S.C. chapters 10 and 12.
II. The purposes of this chapter may be fulfilled for intrastate sale of meat by adhering to the provisions of this subdivision if authorized by the USDA.
III. The purposes of this chapter may be fulfilled for interstate sale of meat by adhering to the provisions of this subdivision if authorized by the USDA, pursuant to all constraints established by the USDA.
Source.
2000, 142:1, eff. July 22, 2000. 2008, 57:1, eff. July 20, 2008. 2011, 130:1, eff. Aug. 5, 2011. 2017, 145:2, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:3 - Meat Inspection Program Established.

427:3 Meat Inspection Program Established. –
I. There is created within the department of agriculture, markets, and food, division of animal industry, a meat inspection program which is charged with the enforcement of this subdivision. The state veterinarian shall be the chief of said service. There is hereby established the full-time classified position of meat inspection program administrator. The meat inspection program administrator shall be under the direction and supervision of the state veterinarian and shall enforce the provisions of this subdivision.
II. [Repealed.]
Source.
1985, 72:1. 1995, 130:4, eff. July 23, 1995. 2011, 130:1, eff. Aug. 5, 2011. 2021, 19:7, I, eff. July 5, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:4 - Examination and Inspection.

427:4 Examination and Inspection. –
For the purpose of preventing the use in commerce of meat and meat food products which are adulterated, the commissioner shall certify meat inspectors to conduct:
I. An examination and inspection of all livestock before they shall be allowed to enter into any slaughtering establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted solely for commerce:
(a) All livestock found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other livestock; and
(b) When so slaughtered, the carcasses of said livestock shall be subject to a careful examination and inspection, all as provided by the rules adopted by the commissioner pursuant to RSA 541-A.
II. A postmortem examination and inspection of the carcasses and parts thereof of all livestock capable of use as human food, to be prepared at any slaughtering, establishment in this state in which such articles are prepared solely for intrastate commerce, and interstate commerce when authorized. After the examination:
(a) The carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled, as "New Hampshire Inspected and Passed" and all carcasses and parts thereof of animals found to be adulterated shall be marked, stamped, tagged, or labeled as "New Hampshire Inspected and Condemned";
(b) All carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the establishment in the presence of an inspector;
(c) Said inspectors, after the first inspection, shall, when they deem it necessary, reinspect the carcasses or parts thereof to determine whether, since the first inspection, the same have become adulterated. If any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be destroyed for food purposes by the establishment in the presence of an inspector; and
(d) The commissioner may remove inspectors from any establishment which fails to destroy any such condemned carcass or part thereof when the requirements of either subparagraph II(b) or (c) have not been observed.
III. An examination and inspection of all meat food products prepared in any slaughtering establishment, where such articles are prepared solely for commerce.
IV. The slaughter of certain poultry under RSA 427:2-a shall be exempted from this section.
Source.
1985, 72:1, eff. July 1, 1985. 2011, 130:1, eff. Aug. 5, 2011. 2017, 145:14, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:5 - Coverage of Inspection Provisions.

427:5 Coverage of Inspection Provisions. –
I. The provisions of RSA 427:4 shall apply to all carcasses or parts of carcasses of livestock or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering establishment, where inspection under this subdivision is maintained. The provisions of RSA 427:4 may be voluntarily applied to those species that are capable of use as human food though not included in the definition of livestock in this subdivision. An animal owner may elect to adhere to these provisions with the concurrence of the commissioner. Once such animals have entered an inspected establishment, they shall adhere to the same standards and requirements as all livestock in the establishment.
II. Such examination and inspection shall be had before the carcasses or parts thereof shall be allowed to enter into any department where they are to be treated and prepared for meat food products.
III. The provisions of RSA 427:4 shall also apply to all such products which, after having been issued from any such slaughtering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.
IV. The commissioner may limit the entry of carcasses, parts of carcasses, meat and meat food products, and other materials into any establishment at which inspection under this subdivision is maintained.
Source.
1985, 72:1, eff. July 1, 1985. 2011, 130:1, eff. Aug. 5, 2011.