reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:43 - Inspections; Authority to Enter Premises.

430:43 Inspections;  Authority to Enter Premises. –
Notwithstanding any other provisions of this subdivision, the division, or its duly authorized agents has the authority to enter upon any public or private premises at reasonable times for the purpose of determining compliance with this subdivision, rules adopted by the board pursuant to this subdivision or any certificate of registration or permit issued by the division, to:
I. Inspect the property when necessary before issuing a certificate of registration or permit for the application of a pesticide on the property and to observe the surrounding areas;
II. Inspect aircraft and ground equipment used or to be used for the application of pesticides;
III. Inspect crops, animals, or other property actually or reported to be exposed to pesticides;
IV. Inspect any area or building where the division has reason to believe pesticides are stored or disposed of;
V. Inspect and copy any records, information, invoices, or other pertinent documents related to pesticide storage, use and distribution;
VI. Inspect and obtain samples including:
(a) Samples from containers, vehicles or equipment which the division has reason to believe contain pesticides;
(b) Samples of soil, water and other substances which the division has reason to believe were exposed to pesticides;
(c) Samples in conjunction with management plans to protect groundwater from pesticide contamination, including soil, surface waters, monitoring wells, and other wells;
VII. Inspect any area or building where pesticides are being or have been distributed, sold, offered for sale or used;
VIII. Issue orders and seize pesticides as authorized in RSA 430:42.
Source.
1985, 72:1; 375:3. 1997, 140:2, eff. June 9, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:44 - Appeals.

430:44 Appeals. –
I. Any person aggrieved by any order or decision of the division may appeal to the board for a review of such order or decision.
II. The board may affirm, deny, or modify the order of the division of pesticide control.
III. Rehearings and appeals from any decision of the board shall be in accordance with RSA 541.
Source.
1985, 72:1; 375:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:45 - Penalties.

430:45 Penalties. –
I. Any person who violates any of the provisions of this subdivision or rules of the board or an order issued under this subdivision or who falsifies any records required to be kept pursuant to this subdivision, or who obtains a certification or permit on the basis of a misrepresentation of material fact 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 or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each such violation, or each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general. The proceeds of any such forfeiture shall be utilized in the enforcement of this subdivision, for pesticide control research or to remedy damage to the resources of the state caused by unlawful pesticide use and application.
III. Any person who violates any provision of this subdivision, or any rule or order of the division may be subject to the imposition of an administrative fine levied by the division, not to exceed $1,000 for each violation.
Source.
1985, 72:1; 375:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:47 - Cooperation.

430:47 Cooperation. –
The division is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this subdivision and securing uniformity of rules.
Source.
1985, 72:1; 375:3, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:48 - Limiting Operation of Statute.

430:48 Limiting Operation of Statute. –
Nothing in this subdivision modifies or limits in any way the powers and duties of the commissioner of agriculture, markets, and food under RSA 430:1-8, of the department of environmental services under RSA 485, 485-A, 487 and RSA 486; of the department of health and human services under RSA 146; or of the fish and game department under RSA 485-A:8, IX.
Source.
1985, 375:3. 1986, 202:6, I(a). 1989, 339:26. 1995, 130:5; 310:181. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:49 - Preemption of Local Regulation.

430:49 Preemption of Local Regulation. –
I. 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 registration, sale, transportation, or use of pesticides 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 registration, sale, transportation, or use of pesticides, and any of those ordinances, laws or regulations are void and of no force or effect.
II. This section shall not be construed to invalidate any ordinance or regulation of a local government in effect on the effective date of this section.
Source.
1993, 279:1, eff. Aug. 20, 1993.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:50 - Program Established.

430:50 Program Established. –
I. The commissioner of the department of agriculture, markets, and food shall establish an integrated pest management program. "Integrated pest management" means a sustainable approach to managing pests by combining the use of biological, cultural, physical, and chemical tactics in a way that minimizes economic, health, and environmental risks. The purpose of the program shall be to bring about the broadest possible application of the principles of integrated pest management to agriculture, horticulture, arborculture, landscape and building maintenance, and any other areas in which economic poisons are employed. To this end, the commissioner shall work cooperatively with the university of New Hampshire agricultural experiment station, cooperative extension, and college of life sciences and agriculture; other educational institutions with competence in relevant disciplines; commodity and trade organizations; conservation groups; other governmental agencies; and private sector individuals and corporations. Wherever possible, such research, education, and evaluation endeavors shall be conducted cooperatively by 2 or more supporting entities.
II. There is established a nonlapsing fund to be known as the integrated pest management fund. Twenty-five percent of the pesticide registration fees collected under RSA 430:38, III shall be deposited in the fund. The fund shall only be used to support the purposes of the integrated pest management program and the division of pesticide control. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund.
III. The commissioner shall report by October 1 of each year to the house environment and agriculture committee and the senate environment committee concerning the use of the fund, the work accomplished, and the effectiveness of efforts to broaden application of integrated pest management principles throughout the state.
Source.
1998, 323:1, eff. July 1, 1999. 2015, 229:23, eff. July 1, 2015. 2021, 91:64, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:51 - Declaration of Purpose.

430:51 Declaration of Purpose. –
The purpose of this subdivision is to recognize the adverse environmental and economic effects of invasive plant, insect, and fungal species upon the state; to establish the means by which the state shall address and minimize such adverse effects; to promote research and educational activities dealing with invasive species so as to achieve the best possible protection of agricultural, forest, wildlife, and other natural resources of the state and of human health; and to prevent and control the spread of invasive species in the state.
Source.
2000, 88:1, eff. April 27, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:52 - Definitions.

430:52 Definitions. –
In this subdivision:
I. "Alien species" means with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating or reproducing that species, that is not native to that ecosystem.
II. "Commissioner" means the commissioner of agriculture, markets, and food.
III. "Committee" means the invasive species committee as established by this subdivision.
IV. "Control" means, as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions.
V. "Fungi" means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.
VI. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.
VII. "Invasive species" means an alien species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
VIII. "Native species" means with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem.
IX. "Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof.
Source.
2000, 88:1, eff. April 27, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:53 - Powers and Duties of the Commissioner.

430:53 Powers and Duties of the Commissioner. –
I. The commissioner shall conduct research and educational activities which address the environmental and economic effects of invasive species upon the state. The commissioner shall solicit support for and participation by other state and federal government entities, the University of New Hampshire and private entities in such activities.
II. The commissioner shall disseminate information on and make recommendations for control of invasive species.
III. The commissioner shall consult with the invasive species committee and prepare and publish by April 1 annually a list of invasive species deemed to present an immediate danger to the health of native species, to the environment, to commercial agricultural or forest crop production, or to human health. The commissioner shall have authority to prohibit collection possession, importation, transportation, sale, propagation, transplantation or cultivation by any person of any species so listed. Such list shall be known as the "New Hampshire prohibited invasive species list."
IV. The commissioner shall consult with the invasive species committee and prepare and publish by April 1 annually a list of species which present the potential for environmental or economic harm but for which such potential may be reduced or eliminated by cultural or biological practices. Such list shall be known as the "New Hampshire restricted invasive species list."
V. The commissioner shall apply for and accept grants, gifts, bequests and donations which support the purposes of this subdivision.
Source.
2000, 88:1, eff. April 27, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:54 - Committee Established.

430:54 Committee Established. –
I. The invasive species committee is hereby established to advise the commissioner on matters relating to invasive species in the state. It shall consist of the following 11 members:
(a) The state entomologist.
(b) The commissioner of environmental services, or designee.
(c) The commissioner of natural and cultural resources, or designee.
(d) The commissioner of transportation, or designee.
(e) The executive director of fish and game, or designee.
(f) The dean of the college of life sciences and agriculture of the University of New Hampshire, or designee.
(g) The director of the University of New Hampshire cooperative extension, or designee.
(h) Four persons appointed by the governor with the advice and consent of the executive council who shall each serve for a term of 3 years. One shall represent horticultural interests, one shall represent environmental interests, one shall represent livestock owners' and feed growers' interests, and one shall represent the general public.
II. The committee shall annually choose one of its members to serve as chairperson.
Source.
2000, 88:1, eff. April 27, 2000. 2003, 36:1, eff. July 1, 2003. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:55 - Administrative Authority; Inspection; Rulemaking.

430:55 Administrative Authority;  Inspection;  Rulemaking. –
I. The commissioner of agriculture, markets, and food shall adopt rules, in accordance with RSA 541-A, for carrying out provisions of this subdivision. For the purpose of inspecting for, or eradicating prohibited species, the commissioner shall, in person or by deputy or agent, have access to:
(a) Land, places, buildings, or vehicles of a licensed or certified plant dealer or nursery, at all reasonable hours.
(b) Land not posted pursuant to RSA 635:4 at any time, but unposted land shall not include buildings, vehicles, or areas considered to be curtilage.
(c) Land posted pursuant to RSA 635:4, places, buildings, or vehicles at such time and under such conditions as the owner may consent to.
(d) Land posted pursuant to RSA 635:4, places, buildings, or vehicles upon obtaining a search warrant pursuant to RSA 595-A, if the owner does not consent.
II. The commissioner shall have general authority to administer and enforce the provisions of this subdivision and the rules adopted under this subdivision, and to prosecute violations thereof.
Source.
2000, 88:1, eff. Apr. 27, 2000. 2002, 131:1, eff. July 8, 2002.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:56 - Hearings.

430:56 Hearings. –
When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner. Affidavits under oath may be received by the commissioner.
Source.
2000, 88:1, eff. April 27, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:57 - Penalties.

430:57 Penalties. –
I. Any person who is convicted of violating 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.
2000, 88:1, eff. April 27, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:1 - Title.

431:1 Title. –
This subdivision shall be known as the New Hampshire Fertilizer Law.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:1-a - Soil and Plant Additives.

431:1-a Soil and Plant Additives. –
"Soil and plant additives" means substances added to soils or applied to plants to improve soil nutrient content, soil structure, soil biological activity, nutrient accessibility to plants, plant microbiome characteristics, and plant uptake of nutrients, including soil applied and foliar fertilizers, limes, other mineral additives, compost, manure, soil amendments, plant amendments and plant biostimulants.
Source.
2023, 82:2, eff. Aug. 19, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:2 - Administration.

431:2 Administration. –
This subdivision shall be administered by the commissioner of agriculture, markets, and food.
Source.
1985, 72:1. 1995, 130:5; 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:4 - Registration.

431:4 Registration. –
I. Each brand and grade of fertilizer shall be registered in the name of that person whose name appears upon the label before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished by the commissioner and shall be accompanied by a fee of $75 per grade of each brand sold.
II. The fees collected under this section shall be deposited with the state treasurer into the general fund as unrestricted revenue.
III. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(a) The brand and grade.
(b) The guaranteed analysis.
(c) The name and address of the registrant.
(d) Net weight.
IV. A distributor shall not be required to register any fertilizer which is already registered under this section by another person, providing the label does not differ in any respect.
V. A distributor shall not be required to register each grade of fertilizer formulated according to specifications which are furnished by a consumer prior to mixing, but shall be required to label such fertilizer as provided in RSA 431:5, III.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2003, 229:2, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:4-a - Nitrogen Content of Fertilizer.

431:4-a Nitrogen Content of Fertilizer. –
I. No turf fertilizer sold at retail shall exceed 0.7 pounds per 1,000 square feet of soluble nitrogen per application when applied according to the instructions on the label.
II. No turf fertilizer sold at retail shall exceed 0.9 pounds per 1,000 square feet of total nitrogen per application when applied according to the instructions on the label.
III. No turf fertilizer shall exceed an annual application of 3.25 pounds per 1,000 square feet of total nitrogen when applied according to the instructions on the label.
IV. No enhanced efficiency fertilizer shall exceed a single application rate of 2.5 lbs. per 1,000 square feet of total nitrogen and an annual application rate of 3.25 pounds per 1,000 square feet of total nitrogen nor release at greater than 0.7 pounds per 1,000 square feet per month when applied according to the instructions on the label.
Source.
2013, 42:5, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:4-b - Phosphorus Content of Fertilizer.

431:4-b Phosphorus Content of Fertilizer. –
I. No fertilizer sold at retail that is intended for use on turf shall exceed a content level of 0.67% available phosphate unless specifically labeled for establishing new lawns, for repairing a lawn, for seeding, or for use when a soil test indicates a phosphorus deficiency.
II. No fertilizer sold at retail that is intended for use on newly established or repaired lawns, or for lawns testing deficient in phosphorus shall exceed an application rate of one pound per 1,000 square feet annually of available phosphate.
III. No natural organic turf fertilizer shall exceed a per application rate of one pound of available phosphate per 1,000 square feet when applied according to the instructions on the label.
Source.
2013, 42:5, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:4-c - Repealed by 2023, 82:6, eff. Aug. 19, 2023.

431:4-c Repealed by 2023, 82:6, eff. Aug. 19, 2023. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:4-d - Preemption of Local Regulation.

431:4-d Preemption of 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 registration, sale, formulation, or transportation of fertilizer. Additionally, no local regulation shall regulate the type of fertilizer when used for agricultural purposes as defined by RSA 21:34-a.
Source.
2013, 42:5, eff. Jan. 1, 2014. 2018, 169:2, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:5 - Labels.

431:5 Labels. –
I. Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(a) Net weight.
(b) Brand and grade, provided that the grade shall not be required when no primary nutrients are claimed.
(c) Guaranteed analysis in the following order and form:
Total Nitrogen (N)
_______ %
Available Phosphate (P2O5)
_______ %
Soluble Potash (K2O)
_______ %
(1) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphate and or degree of fineness may also be guaranteed.
(2) Guarantees for plant nutrients, other than nitrogen, phosphorous and potassium, may be permitted or required by rule by the commissioner. The guarantees for such other nutrients shall be expressed in the form of the element. The source (oxides, salts, chelates, etc.) of such other nutrients may be required to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and rules adopted by the commissioner.
(d) Name and address of the registrant.
II. In the case of bulk shipments, the information required in paragraph I in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.
III. A fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, the guaranteed analysis, and the name and address of the distributor or registrant.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:6 - Inspection Fees and Tonnage Reports.

431:6 Inspection Fees and Tonnage Reports. –
I. There shall be paid to the commissioner for all fertilizers distributed in this state to nonregistrants an inspection fee on each ton of fertilizer sold in a manner and at a fee prescribed by the commissioner by rules; provided, that sales or exchanges between importers, manufacturers, distributors, or registrants are exempted.
II. Every registrant who distributes fertilizer in the state shall file with the commissioner a semiannual statement for the reporting period setting forth the number of net tons of each fertilizer so distributed in this state during such period. The report shall be due on or before 30 days following the close of the filing period and upon filing such statement the registrant shall pay an inspection fee. If the tonnage report is not filed and the payment of inspection fees is not made within 30 days after the end of the specified filing period, a collection fee, established by the commissioner in rules adopted pursuant to RSA 541-A shall be assessed against the registrant and added to the amount due.
III. When more than one person is involved in the distribution of a fertilizer, the last person who has the fertilizer registered and who distributed to a nonregistrant dealer or consumer is responsible for reporting the tonnage and paying the inspection fee, unless the report and payment is made by a prior distributor of the fertilizer.
IV. Fees collected under this section shall be deposited with the state treasurer into the general fund as unrestricted revenue.
V. No information furnished the commissioner under this section shall be disclosed in such a way as to divulge the operation of any person.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2023, 82:3, eff. Aug. 19, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:7 - Inspection, Sampling, and Analysis.

431:7 Inspection, Sampling, and Analysis. –
I. It shall be the duty of the commissioner to sample, inspect, make analyses of, and test fertilizers distributed within this state at any time and place and to such an extent as the commissioner may deem necessary to determine whether such fertilizers are in compliance with the provisions of this subdivision. The commissioner is authorized to enter upon any public or private premises or carriers during regular business hours in order to access fertilizer subject to provisions of this subdivision and the rules adopted pursuant to it, and the records relating to their distribution and storage.
II. The methods of sampling and analysis shall be those adopted by the Association of Official Analytical Chemists (AOAC). In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the commissioner may adopt by rule such appropriate methods from other sources.
III. The commissioner, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in RSA 431:3, and obtained and analyzed as provided for in paragraph II of this section.
IV. The results of official analysis of fertilizers and portions of official samples shall be distributed by the commissioner as provided by rule. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a deficiency report.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:8 - Plant Food Deficiency.

431:8 Plant Food Deficiency. –
I. When the official analysis under RSA 431:7 shall show that a fertilizer is deficient in nitrogen, available phosphate, and/or soluble potash in accordance with the provisions of subparagraphs (a) and (b), then a penalty payment of 3 times the value of such deficiency shall be assessed. When a fertilizer is subject to a penalty payment under both (a) and (b), the larger penalty payment shall apply. A fertilizer is deficient when:
(a) One or more of its guaranteed primary plant nutrients are beyond the investigational allowances established by rule; or
(b) The overall index value of the fertilizer is below the level established by rule.
II. Penalty payments for deficiencies beyond the investigational allowances as established by rule for any other constituent covered under RSA 431:5, I(c)(2), which the registrant is required to or may guarantee, shall be evaluated and penalty payments prescribed by the commissioner.
III. All penalty payments assessed under this section shall be paid by the registrant to the commissioner within 3 months of receiving written notification from the commissioner of the penalty notice.
IV. Penalty payments received from the registrant shall be refunded to the consumer of the fertilizer which has been analyzed and found deficient, provided that the purchase is of one-half ton or more. Penalty payments on lots of fertilizer which have been analyzed and found deficient and whose purchaser cannot be found shall be deposited in the general fund as unrestricted revenue.
V. If, upon satisfactory evidence, a person is shown to have altered the content of a fertilizer shipped to such person by a registrant, or to have mixed or commingled fertilizer from 2 or more suppliers such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that person shall become responsible for obtaining a registration and shall be held liable for all penalty payments and be subject to other provisions of this subdivision, including seizure, condemnation, and stop sale.
VI. A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.
VII. Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction seeking judgment as to the justification of such penalty payments.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2023, 82:4, eff. Aug. 19, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:9 - Commercial Value.

431:9 Commercial Value. –
For the purpose of determining the commercial value to be applied under the provisions of RSA 431:8, the commissioner shall determine the value of the deficient lot based on the invoiced price.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2023, 82:5, eff. Aug. 19, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:10 - Misbranding.

431:10 Misbranding. –
No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if:
I. Its labeling is false or misleading in any particular.
II. It is distributed under the name of another fertilizer product.
III. It is not labeled as required in RSA 431:5 and in accordance with rules adopted under this subdivision.
IV. It purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by rule of the commissioner. In adopting such rules, the commissioner shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Plant Food Control Officials.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:11 - Adulteration.

431:11 Adulteration. –
No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:
I. 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 life, animal, human, or aquatic life or soil or water are not shown upon the label.
II. Its composition falls below or differs from that which it is purported to possess by its labeling.
III. It contains unwanted crop seed or weed seed.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:12 - Publications.

431:12 Publications. –
The commissioner shall publish in such forms as the commissioner deems proper:
I. Information concerning the distribution of fertilizers.
II. Results of analyses based on official samples of fertilizer distributed within the state as compared with the analyses guaranteed under RSA 431:4 and RSA 431:5.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:13 - Rulemaking.

431:13 Rulemaking. –
For the enforcement of this subdivision, the commissioner shall adopt under RSA 541-A, after public hearing, such rules relating to investigational allowances, definitions, records, distribution, storage, use, and application of fertilizers and plant biostimulants as may be necessary to carry into effect the full intent and meaning of this subdivision.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2021, 167:7, eff. Sept. 28, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:14 - Shortweight.

431:14 Shortweight. –
If any fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the fertilizer shall within 30 days after official notice from the commissioner submit to the consumer a penalty payment of 4 times the value of the actual shortage.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:15 - Cancellation of Registrations.

431:15 Cancellation of Registrations. –
The commissioner may cancel the registration of any brand of fertilizer or may refuse to register any brand of fertilizer as provided in this subdivision, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or the attempted evasion of the provisions of this subdivision or any rules adopted thereunder. No registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the commissioner.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:16 - Stop Sale Orders.

431:16 Stop Sale Orders. –
The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner of any lot of fertilizer and hold such fertilizer at a designated place when the commissioner finds the fertilizer is being offered or exposed for sale in violation of any of the provisions of this subdivision until the law has been complied with and the fertilizer is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the fertilizer so withdrawn when this subdivision has been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:17 - Seizure, Condemnation, and Sale.

431:17 Seizure, Condemnation, and Sale. –
Any lot of fertilizer 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 area in which the fertilizer is located. In the event the court finds the fertilizer to be in violation of this subdivision and orders the condemnation of the fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state. In no instance shall the disposition of the fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel the fertilizer to bring it into compliance with this subdivision.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:18 - Penalties.

431:18 Penalties. –
I. Any person who, personally or through an agent, violates any provision of this subdivision or rule adopted under this subdivision 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.
IV. The commissioner may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subdivision or any rule adopted hereunder, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:19 - Cooperation with Other Entities.

431:19 Cooperation with Other Entities. –
The commissioner may cooperate with and enter into agreement with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose of this subdivision.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:20 - Exchanges Between Manufacturers.

431:20 Exchanges Between Manufacturers. –
Nothing in this subdivision shall be construed to restrict or avoid sale or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their brands as required by provisions of this subdivision.
Source.
1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:21 - Repealed by 1995, 233:4, eff. Jan. 1, 1996.

431:21 Repealed by 1995, 233:4, eff. Jan. 1, 1996. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:22 - Title.

431:22 Title. –
This subdivision shall be known as the "New Hampshire Agricultural Liming Materials Act."
Source.
1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:23 - Administration.

431:23 Administration. –
This subdivision shall be administered by the commissioner of agriculture, markets, and food.
Source.
1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:24 - Definitions.

431:24 Definitions. –
In this subdivision:
I. "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity.
II. "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.
III. "Burnt lime" means a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.
IV. "Hydrated lime" means a material, made from burnt lime, which consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide or both.
V. "Marl" means a granular or loosely consolidated earthy material composed largely of seashell fragments, eggshell fragments, and calcium carbonate.
VI. "Industrial byproduct" means any industrial waste or byproduct containing calcium or calcium and magnesium in forms that will neutralize soil acidity.
VII. "Brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale.
VIII. "Fineness" means the percentage by weight of the material which will pass U.S. Standard sieves of specified sizes.
IX. "Ton" means a net weight of 2,000 pounds avoirdupois.
X. "Percent" or "percentage" means by weight.
XI. "Bulk" means in nonpackaged form.
XII. "Label" means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.
XIII. "Person" means individual, partnership, association, firm, or corporation.
XIV. "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
XV. "Weight" means the weight of undried material as offered for sale.
XVI. "Commissioner" means the commissioner of agriculture, markets, and food or authorized agent.
Source.
1985, 72:1. 1995, 130:5; 233:3, eff. Jan. 1, 1996. 2003, 181:2, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 431 - Soil and Plant Additives › Section 431:25 - Labeling.

431:25 Labeling. –
I. Agricultural liming materials sold, offered, or exposed for sale in the state shall have affixed to the outside of each package in a conspicuous manner, a plainly printed, stamped, or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
(a) The name and principal office address of the manufacturer or distributor.
(b) The brand or trade name of the material.
(c) The identification of the product as to the type of the agricultural liming material.
(d) The net weight of the agricultural liming material.
(e) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.
(f) The calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists (AOAC) International. Minimum calcium carbonate equivalents shall be as prescribed by rule.
(g) The minimum percent by weight passing through U.S. Standards sieves as prescribed by rule.
II. No information or statement shall appear on any package, label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type, or composition of the agricultural liming material.
III. In the case of any material which has been adulterated subsequent to packaging, labeling or loading and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration.
IV. At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
V. When the commissioner finds, after public hearing following due notice under rules adopted by the commissioner under RSA 541-A, that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, the commissioner may require by rule that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:
Total Calcium (Ca)
.................. percent
Total Magnesium (Mg)
.................. percent
The effective date of such a rule shall be not less than 6 months following the adoption of the rule, and for a period of 2 years following the effective date of the rule, the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.
Source.
1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.