reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:42 - Refusal to Issue; Revocation of License.

427:42 Refusal to Issue;  Revocation of License. –
The commissioner, after notice to the licensee and opportunity for hearing, as set forth in the rules adopted under RSA 427:44, may deny an application or revoke a license for any of the following reasons:
I. That the applicant or licensee has violated the statutes of the state of New Hampshire or of the United States or any rule adopted by the commissioner pursuant to RSA 427:38-47;
II. That he has made false or misleading statements in his application for a license or that he has made false or misleading statements as to the health or physical condition of animals regarding official tests;
III. That he has knowingly sold, for dairy or breeding purposes, livestock affected with a communicable disease;
IV. That he has ceased to operate the business for which the license was issued; or
V. That he has had his license to deal in livestock, issued in another jurisdiction, revoked or suspended by that jurisdiction as a result of engaging in conduct prohibited by RSA 427:42, II or III, during the preceding 5 years.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:43 - Penalty.

427:43 Penalty. –
I. Any livestock dealer who buys or sells livestock in this state or operates a livestock auction or sales ring without having a license to do so as required by this subdivision shall be guilty of a misdemeanor.
II. In addition to the penalty under paragraph I, any livestock dealer who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1989, 11:1, eff. April 4, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:44 - Rulemaking Authority.

427:44 Rulemaking Authority. –
The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
I. The information required from an applicant for a license as a livestock dealer;
II. The prescribed fee for a livestock dealer's license;
III. The prescribed fee for a permit issued for each truck or conveyance used by a licensed livestock dealer or for a shipping certificate or both;
IV. The prevention of the spread of any disease prevalent among livestock;
V. Notice and hearing on the refusal to issue or the revocation of a license; and
VI. Any other matter the commissioner may deem necessary to carry out the provisions of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:45 - Exceptions.

427:45 Exceptions. –
The provisions of this subdivision relative to requiring a license shall not apply to a farmer who does not go from place to place buying or selling livestock, nor to a farmer holding an auction sale in the regular operation of his farm business.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:46 - Disposition of Fees.

427:46 Disposition of Fees. –
All fees collected under the provisions of this subdivision shall be deposited with the state treasurer.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:47 - Repealed by 2017, 145:17, I, eff. Aug. 15, 2017.

427:47 Repealed by 2017, 145:17, I, eff. Aug. 15, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:48 - Separation of Stock.

427:48 Separation of Stock. –
Livestock shall not be shipped or transported within this state in mixed loads unless the different kinds of stock shall be separated, each kind from the other, by strong partitions; provided that milch cows may be shipped with not more than 3 calves for one cow, and sheep may be shipped with calves.
Source.
1985, 72:1, eff. July 1, 1985. 2017, 145:8, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:49 - Upper Decks.

427:49 Upper Decks. –
Livestock shall not be transported in upper decks unless such decks are constructed with tight floors of adequate strength.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:50 - Repealed by 2017, 145:17, II, eff. Aug. 15, 2017.

427:50 Repealed by 2017, 145:17, II, eff. Aug. 15, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:51 - Diseased Animals.

427:51 Diseased Animals. –
Cattle which have reacted to the tuberculin or agglutination test for brucellosis or any animal or animals infected with a contagious or infectious disease or from a herd which has reacted to any test for a reportable disease shall not be shipped, transported, received for transportation, or otherwise moved for immediate slaughter, unless the following conditions and restrictions are complied with:
I. The cattle shall be shipped, transported or moved to an establishment or a public stockyard where state or federal inspection is maintained and shall there be slaughtered under such inspection.
II. The cattle shall be accompanied to destination by a certificate issued by the commissioner of agriculture, markets, and food and by a VS Form 1-27 issued by the USDA.
III. Transportation companies shall plainly write or stamp upon the face of waybills, conductors' manifests and memoranda pertaining to such shipment the words, "Diseased Animals."
IV. All trucks, vehicles or equipment used for the transportation of diseased animals shall be properly cleaned after each shipment.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2017, 145:9, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:52 - Penalty.

427:52 Penalty. –
I. Whoever knowingly violates any provision of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. In addition to the penalty under paragraph I, whoever violates any of the provisions of this chapter or rule adopted under such provisions may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1989, 11:2, eff. April 4, 1989. 2017, 145:10, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:53 - Enforcement.

427:53 Enforcement. –
The commissioner of agriculture, markets, and food, either by himself or his agents, shall have authority to enforce the provisions of this subdivision, and for that purpose may, without expense to the state, designate as his agent any officer or agent of the society for the prevention of cruelty to animals.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:54 - Repealed by 2017, 145:17, III, eff. Aug. 15, 2017.

427:54 Repealed by 2017, 145:17, III, eff. Aug. 15, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:55 - Repealed by 2017, 145:17, IV, eff. Aug. 15, 2017.

427:55 Repealed by 2017, 145:17, IV, eff. Aug. 15, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:56 - Repealed by 2017, 145:17, V, eff. Aug. 15, 2017.

427:56 Repealed by 2017, 145:17, V, eff. Aug. 15, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:57 - Repealed by 2017, 145:17, VI, eff. Aug. 15, 2017.

427:57 Repealed by 2017, 145:17, VI, eff. Aug. 15, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:58 - Repealed by 2017, 145:17, VII, eff. Aug. 15, 2017.

427:58 Repealed by 2017, 145:17, VII, eff. Aug. 15, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 427 - Livestock and Meat Inspection › Section 427:59 - Penalty.

427:59 Penalty. –
I. Any person violating the provisions of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. In addition to the penalty under paragraph I, any person who violates the provisions of this chapter may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1989, 11:3, eff. April 4, 1989. 2017, 145:11, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:1 - Repealed by 2011, 130:11, IV, eff. Aug. 5, 2011.

428:1 Repealed by 2011, 130:11, IV, eff. Aug. 5, 2011. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:2 - Definitions.

428:2 Definitions. –
As much as possible, all of the definitions in regard to procedures and rules for the buying, selling and handling of meat products, as provided under RSA 427:2, shall apply to the buying, selling and handling of poultry products under this subdivision. In addition, the following terms shall have the following meanings:
I. The term "Federal Poultry Products Inspection Act" means the act so entitled, approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791).
II. The term "container" or "package" includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
III. The term "poultry" means any domesticated bird, whether alive or dead.
IV. The term "shipping container" means any container used or intended for use in packaging the product packed in an immediate container.
V. The term "immediate container" includes any consumer package, or any other container in which poultry products, not consumer packaged, are packed.
VI. The term "official establishment" means any establishment, as determined by the commissioner, at which inspection of slaughter of poultry or the processing of poultry products is maintained under the authority of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:3 - Repealed by 2011, 130:11, V, eff. Aug. 5, 2011.

428:3 Repealed by 2011, 130:11, V, eff. Aug. 5, 2011. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:4 - Repealed by 2011, 130:11, VI, eff. Aug. 5, 2011.

428:4 Repealed by 2011, 130:11, VI, eff. Aug. 5, 2011. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:5 - Repealed by 2011, 130:11, VII, eff. Aug. 5, 2011.

428:5 Repealed by 2011, 130:11, VII, eff. Aug. 5, 2011. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:6 - Entry of Materials into Official Establishment.

428:6 Entry of Materials into Official Establishment. –
The state veterinarian may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:7 - Application of Federal Poultry Products Inspection Act.

428:7 Application of Federal Poultry Products Inspection Act. –
The requirements of this subdivision shall apply to persons, establishments, poultry, poultry products and other articles regulated under the Federal Poultry Products Inspection Act only to the extent provided for in section 23 of said federal act.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:8 - Costs of Inspection; Limitation.

428:8 Costs of Inspection;  Limitation. –
The cost of inspection rendered under the requirements of this subdivision shall be borne by the state, except that the cost of overtime and holiday work performed in establishments subject to the provisions of this subdivision shall be at such rates as the commissioner of agriculture, markets, and food may determine, and shall be borne by such establishments. Such costs shall be collected by the commissioner. All employees of the department who are required to make inspections at any time after working 40 hours per week or after working 8 hours per day shall be paid at the rate of time and a half. Labor performed on Saturdays, Sundays and holidays shall also be compensated at the rate of time and a half. Costs collected by the commissioner for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2003, 202:2, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:9 - License Required.

428:9 License Required. –
I. No person shall engage in the business of buying live poultry in this state, the meat or meat product of which is to be sold or used for food, from the owner thereof, as defined in this section, unless he has a license from the commissioner of agriculture, markets, and food. Licenses shall be issued in 2 forms:
(a) An unlimited license to each person who shall furnish a bond with sufficient surety in an amount to be determined by the commissioner of agriculture, but not to exceed $50,000, payable to the state of New Hampshire and conditioned on the faithful performance of all legal obligations incurred in the buying and selling of live poultry, the meat or meat product of which is to be sold or used for food; such bond shall be held by the commissioner to satisfy any court judgment obtained or execution issued against any licensee because of failure to perform such legal obligation; and
(b) A limited license which shall permit the licensee to do business on a United States currency, certified check, cashier's check or traveler's check basis only. Applications for licenses herein provided shall be made in such manner and upon such forms as the commissioner of agriculture shall prescribe.
II. For purposes of this section, "owner" is defined as any person having title to live poultry during the periods of time in which such poultry is being grown to marketable size or being kept for egg production.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:10 - Suspension and Revocation.

428:10 Suspension and Revocation. –
Whenever the commissioner of agriculture, markets, and food has reasonable grounds to believe that a licensee has violated any of the provisions of this subdivision or any rule adopted hereunder, he may suspend the license of such licensee forthwith for a period not to exceed 30 days. Upon such suspension the commissioner of agriculture, markets, and food shall notify the licensee thereof and the grounds therefor, and shall set a time and place for hearing. If upon hearing it shall appear that such provisions or rules have been violated, said license shall be revoked; otherwise it shall be reinstated.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:11 - Expiration.

428:11 Expiration. –
All licenses issued hereunder shall expire on March 31 of each year.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:12 - Identification.

428:12 Identification. –
The commissioner shall furnish to each licensee a permit for transportation of live poultry for each vehicle used for transporting live poultry in New Hampshire.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:13 - Transportation.

428:13 Transportation. –
No licensee shall transport live poultry for food purposes without a permit from the department of agriculture, markets, and food which shall designate the vehicle used for such transportation.
Source.
1985, 72:1. 1995, 130:4, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:14 - Additional Vehicles.

428:14 Additional Vehicles. –
Whenever any licensee shall acquire additional, or shall exchange, vehicles used in such transportation, he shall report the facts to the commissioner and pay the necessary fee.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:15 - Carrying Permit.

428:15 Carrying Permit. –
Every person operating a vehicle used in the business of buying or selling live poultry shall have the permit to engage in such business, or a certified copy thereof, in said vehicle in some easily accessible place.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:16 - Weighing.

428:16 Weighing. –
Before any license or renewal thereof is issued under this subdivision, the applicant shall file with the commissioner a certificate from an inspector of weights and measures to the effect that the weights to be used in the business for buying and selling live poultry have been inspected and have been found correct or furnish the commissioner of agriculture, markets, and food with a declaration to the effect that all poultry purchased by him will be weighed on scales properly sealed by the department.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:17 - Fees.

428:17 Fees. –
The fee for each license issued under this subdivision shall be $20. The price for each permit shall be $15. The fees for transfer shall be $5.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:18 - Bill of Sale Required.

428:18 Bill of Sale Required. –
No person shall transport live poultry which he has obtained from another from place to place along any public highway unless he has in his possession a bill of sale or other memorandum signed by the vendor, owner, or agent of the same, and containing the address of such vendor or owner, the date of sale or other transaction involving the transfer of possession, the breed, weight, price, and approximate number of live poultry obtained.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:19 - Rules; Administration.

428:19 Rules;  Administration. –
I. The commissioner of agriculture, markets, and food shall have general authority to administer this chapter and shall adopt such rules pursuant to RSA 541-A as are necessary to carry out its provisions.
II. Administration of the licensing process required by this chapter shall be the responsibility of the division of animal industry within the department of agriculture, markets, and food as established by RSA 436:2.
Source.
1985, 72:1. 1995, 130:4, 5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:20 - Penalty.

428:20 Penalty. –
Any person violating the provisions of this subdivision shall be guilty of a misdemeanor. Any person who buys live poultry, except from a person licensed under this subdivision or from a person who raised such live poultry or his agent, shall be guilty of a misdemeanor for each offense.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:21 - Disposal of License Fees and Penalties.

428:21 Disposal of License Fees and Penalties. –
The commissioner of agriculture, markets, and food shall pay into the state treasury monthly all moneys received under the provisions of this subdivision. The state treasurer shall hold all moneys so received in a separate fund and shall pay out the same upon warrant of the governor and upon order of the commissioner for the purpose of paying the expenses of the administration of the subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:22 - Definitions.

428:22 Definitions. –
Terms used in this subdivision shall be construed as follows unless a different meaning is clearly apparent from the language or context:
I. "Person" means any person, firm, partnership, corporation, or association.
II. "Retail" means selling direct to a consumer.
III. "Candling" means the common practice of examining the interior of an egg by holding and twirling the same before a bright light passing through an aperture in an opaque shield.
IV. "Eggs" shall mean hens' eggs.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:23 - Sale as Fresh.

428:23 Sale as Fresh. –
No person shall sell, offer, expose or advertise for sale, or exchange or distribute eggs as fresh eggs, strictly fresh eggs, native eggs, hennery eggs, nearby eggs, or new laid eggs, or under other words or descriptions of similar import, any eggs which are not fresh as defined in RSA 428:24.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:24 - "Fresh" Defined.

428:24 "Fresh" Defined. –
No egg shall be deemed to be fresh which does not meet standards of New Hampshire extra grade for eggs, as established by the commissioner of agriculture, markets, and food under RSA 426:1, or modifications or amendments to said standards, the final determination of which shall be by candling.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:25 - Marking.

428:25 Marking. –
All fresh eggs for human consumption sold, offered, exposed or advertised for sale at retail, or wholesale, or exchanged or distributed at retail, or wholesale, within the state shall be plainly and conspicuously marked and identified with the word "fresh."
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:26 - Size to be Marked.

428:26 Size to be Marked. –
The size of all eggs for human consumption which are sold, offered, exposed, or advertised for sale at retail, or wholesale, or exchanged or distributed at retail, or wholesale, within the state in bulk, or in open or closed packages or containers, shall be plainly and conspicuously marked and identified by such terms as the commissioner of agriculture, markets, and food may from time to time by rule prescribe.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:27 - Rulemaking; Assistants.

428:27 Rulemaking;  Assistants. –
The commissioner of agriculture, markets, and food shall have general authority to administer this subdivision and shall adopt rules, pursuant to RSA 541-A, for carrying out its provisions. He may appoint agents to assist him and fix their salaries within the amount appropriated therefor, subject to the rules of the state personnel commission. He shall in person or by his deputy or agent have free access at all reasonable hours to any place, building, or vehicle in which eggs are sold, offered, or exposed for sale, or exchanged or distributed at retail, or wholesale. He shall also have power in person or by his deputy or agent to open any package or container, and may upon tendering the market price take such container and its contents or sample therefrom.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:28 - Hearings.

428:28 Hearings. –
When the commissioner of agriculture, markets, and food learns of any violation of any of the provisions of this subdivision, he shall cause notice of such violations, together with the copy of his findings, to be given the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner under RSA 541-A.
Source.
1985, 72:1. 1991, 44:2. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:29 - Penalties.

428:29 Penalties. –
I. Any person who, by himself or by his servant or agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1991, 44:3, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:29-a - Stop Sale, Use or Removal Orders.

428:29-a Stop Sale, Use or Removal Orders. –
When the commissioner or his authorized agent has reasonable cause to believe eggs are being distributed in violation of any of the provisions of this subdivision, or of any rules adopted under this subdivision, he may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such eggs. The eggs shall not be sold, used or removed until the provisions of this subdivision have been complied with and the eggs have been released by the commissioner or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source.
1985, 34:4, eff. June 8, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 428 - Poultry and Poultry Products › Section 428:30 - Repealed by 2012, 114:6, I, eff. July 1, 2012.

428:30 Repealed by 2012, 114:6, I, eff. July 1, 2012. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:1 - Inspector.

429:1 Inspector. –
The commissioner of agriculture, markets, and food shall appoint some person, qualified by experience and knowledge in beekeeping, as inspector of apiaries. Said inspector shall be responsible to the commissioner for the performance of his duties under this subdivision and may be removed at any time on neglect of the duties of his office. The commissioner may appoint from time to time additional duly qualified apiary inspectors as may be needed.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:2 - Inspection.

429:2 Inspection. –
The inspector shall, annually, make such inspection of the apiaries throughout the state as may be deemed necessary to determine the presence of any bee diseases of a contagious or infectious nature and take such action as may be necessary to suppress the same.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:3 - Right of Entry; Authority of Inspector.

429:3 Right of Entry;  Authority of Inspector. –
The inspector shall have free access at all reasonable hours to all apiaries or other premises where bees, bee products, supplies or appliances used in apiaries are kept, and may make such examination of the bees, bee products, supplies or appliances as may be necessary to ascertain the existence of any contagious or infectious disease harmful to bees in the egg, larval, pupal or adult state. If, by reason of such examination, the inspector is satisfied of the existence of any such disease or diseases, he shall order the owner to eradicate same within 10 days after a date specified in writing by the inspector, or he may with the consent and cooperation of the owner proceed immediately to eradicate same by the methods prescribed by the commissioner of agriculture, markets, and food.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:4 - Moveable Frame Hives Required.

429:4 Moveable Frame Hives Required. –
It shall be unlawful for any person, firm or corporation to keep or maintain honey bees in any hives other than modern, moveable, frame hives which permit the thorough examination of every comb in order to detect the presence of bee diseases.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:5 - Penalty.

429:5 Penalty. –
Whoever violates or fails to comply with any provisions of this subdivision shall be guilty of a misdemeanor.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:6 - Report.

429:6 Report. –
The inspector shall render annually on or before July 1 a full and complete report of his work. This report shall be included in and made a part of the report of the commissioner.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:7 - Certifying Imports.

429:7 Certifying Imports. –
No bees, or used bee supplies or equipment, shall be shipped or moved into the state without a certificate signed by a legally authorized inspector that they are free from any infectious or contagious disease. Bees and queen in mailing cages shall be considered as a colony for the purposes of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:8 - Rulemaking.

429:8 Rulemaking. –
The commissioner of agriculture, markets, and food shall adopt rules, after a public hearing and pursuant to RSA 541-A, relative to:
I. Standards for inspection of apiaries.
II. Establishing fees for inspection of apiaries.
III. Measures necessary for the control, eradication, prevention of the introduction, spread, or dissemination of any and all bee diseases.
IV. Certifying imports of bees, and bee supplies or equipment.
V. Control of American foulbrood disease of honeybees.
Source.
1985, 72:1. 1987, 132:2. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:9 - Spraying Trees; When Prohibited.

429:9 Spraying Trees;  When Prohibited. –
It shall be unlawful to use any poisonous material in the form of spray or dust upon fruit trees, shade trees, or shrubs that are in blossom; provided that such poisonous material may be used prior to the opening of the blossoms and after the petals have fallen from 90 percent of the blossoms; and provided further that the commissioner of agriculture, markets, and food may permit the use of specific materials for fruit blossom thinning sprays after consultation with the research staff of the New Hampshire agricultural experiment station. The commissioner of agriculture, markets, and food shall cause to be published annually in April in the Weekly Market Bulletin a list of approved blossom thinning materials.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:10 - Penalty.

429:10 Penalty. –
Whoever violates the provisions of RSA 429:9 shall be guilty of a violation for each offense.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:11 - Control of Disease.

429:11 Control of Disease. –
The commissioner of agriculture, markets, and food and the state entomologist are authorized to develop a program for the control of American foulbrood disease of honeybees through the fumigation of hives and such other measures as will control such disease. They shall establish reasonable fees for providing disease control services to owners of bees in this state and in adjoining states. The fees established under this section shall be sufficient to pay, over a 5-year period, for any equipment purchased to provide such services and to pay for the maintenance and operation expenses of such equipment.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:11-a - Authorization to Destroy.

429:11-a Authorization to Destroy. –
In control or eradication of dangerous bee diseases, the commissioner of agriculture, markets, and food or his authorized representatives may destroy by burning or otherwise any infected bees, hives, honey, or appliances that he or they may deem necessary for such control or eradication, without remuneration to the owner. Such infected bees, hives, honey, and appliances shall be deemed a public nuisance.
Source.
1987, 132:3. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:11-b - Appeals.

429:11-b Appeals. –
Appeals from any decision by the commissioner under this subdivision shall be governed by RSA 541.
Source.
1987, 132:3, eff. July 1, 1987.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:12 - Acceptance of Grants.

429:12 Acceptance of Grants. –
The commissioner of agriculture, markets, and food is authorized to accept any gifts, grants or donations from any source for the purpose of controlling American foulbrood disease of honeybees and for the purpose of research and control of all bee diseases.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:13-a - Registration.

429:13-a Registration. –
I. The commissioner shall design and implement a voluntary registration program for persons who produce or pack maple sap or maple products for sale.
II. A commercial sugarmaker or maple packer who agrees to voluntarily register for a period of 6 years shall complete a registration form supplied by the commissioner. The information on the form shall be limited to the name of the owner or operator, the farm or business name, the address and phone number of the farm or business, and whether the registrant is a commercial sugarmaker or maple packer.
III. Commercial sugarmakers and maple packers agreeing to voluntarily register shall be placed on a list of voluntary registrants by the commissioner. Use of the voluntary registration list by the department shall be limited to disseminating information relative to the maple industry, conducting surveys on topics that are timely and important to the maple industry, and emergency notification to commercial sugarmakers and maple packers of conditions or practices found to adversely impact the quality of maple products.
Source.
2000, 68:3, eff. June 20, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:14 - Labels.

429:14 Labels. –
I. Every shipment, package or container of maple syrup packed, sold, offered or exposed for sale or distribution by any person shall be plainly marked according to packaging and labeling rules and shall include:
(a) The name, address, and zip code of the packer, distributor, or producer;
(b) The true name of the product;
(c) The grade; and
(d) The volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius.
II. Every shipment, package or container of maple products other than maple syrup, packed, sold, offered or exposed for sale or distribution by any person shall be plainly marked according to packaging and labeling rules and shall include:
(a) The name, address and zip code of the packer;
(b) The true name of the product;
(c) The volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius if the product is a liquid or with the net weight if the product is not a liquid.
III. Any labeling on bulk or packaged maple syrup which indicates "state of New Hampshire pure maple syrup", "New Hampshire maple syrup," "New Hampshire syrup," or any other words which imply that the syrup so marked was produced in New Hampshire shall be used exclusively upon maple syrup which is entirely produced within the state of New Hampshire in compliance with the terms of this subdivision and the rules adopted hereunder.
IV. Any labeling on all other maple products which states or implies that those products were produced in New Hampshire shall be used exclusively upon pure maple products which are entirely produced within the state of New Hampshire in compliance with the terms of this subdivision and the rules adopted hereunder.
Source.
1985, 72:1. 2000, 68:4, eff. June 20, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:15 - Adulteration; Filtration.

429:15 Adulteration;  Filtration. –
I. Maple products which are labeled as being pure maple products and which are produced, packaged, handled or sold in this state shall not in any way be adulterated with cane sugar, corn sugar, or any other foreign sweetener.
II. Maple syrup which is produced, packaged, handled or sold in this state shall not be bleached or lightened in color by artificial means except by simple filtration through cloth or paper to remove suspended solids. The commissioner may by rule approve other methods of filtration.
III. Maple syrup and maple products which are labeled as being pure maple products and which are produced, packaged, handled, or sold in this state shall not in any way be adulterated by the addition or introduction of any substance that would change the essential characteristics of the maple product or render the maple products unsafe.
Source.
1985, 72:1. 2000, 68:5, eff. June 20, 2000.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:16 - Labeling Container of Maple Flavored Products.

429:16 Labeling Container of Maple Flavored Products. –
I. Every product or package containing a product made by combining maple sap, maple sugar or maple syrup with any other sugar or other substance packed, sold, offered or exposed for sale or distribution by any person in this state shall be plainly marked according to packaging and labeling rules and shall include the following on the principal display panel:
(a) An accurate and descriptive name;
(b) The net quantity contents declaration; and
(c) The amount of maple sugar or maple syrup the product contains expressed in percentage of volume if the product is a liquid or a list of the product ingredients in order of decreasing predominance by weight if the product is a solid. The percentage statement or ingredient list shall be in close proximity to the product name.
II. The same information required in paragraph I shall be included in any advertisements of the product. When the product is served in any public eating place, the menu shall be conspicuously marked with an accurate and descriptive name and a statement expressing the percentage of maple sugar or maple syrup the product contains.
III. The words "maple", "mapyl", "mapley", or words of similar import, shall not appear in any manner on a container, label, menu, or advertisement of maple flavored products, unless:
(a) Such words are printed in the statement of contents together with the percentage;
(b) Such words are a part of the packer's name, provided that the packer's name cannot appear to be a part of the product name; or
(c) The words "blend" or "flavored" appear immediately before, after, above or below and in equal prominence and in letters of equal size to such words.
IV. The term "maple flavored" may only be used when 100 percent of the flavoring material is a pure maple product. If any artificial maple flavor is used, the label shall clearly and conspicuously state "artificial flavor".
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:17 - Labeling Container of Artificial Maple Flavored Products.

429:17 Labeling Container of Artificial Maple Flavored Products. –
It shall be unlawful to use the term "maple syrup" or "maple sugar", however modified, to describe any product, flavoring, sweetener or food additive unless the product, flavoring, sweetener or food additive so described meets the statutory definition of "maple syrup" or "maple sugar". Terms such as "artificial maple syrup" or "artificial maple sugar" are declared to be misleading and deceptive and may not be used in the labeling or advertising of any product. Terms such as "artificial maple flavor" or "artificial maple flavor sweetener" may be used to describe a product flavored or sweetened with a substance which attempts to duplicate real maple flavor, providing that words such as "artificial", "flavor", and other modifiers of the word "maple" shall appear in equal prominence to the word "maple" on the label and in all advertising of the product.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:18 - Repealed by 1997, 136:3, II, eff. June 9, 1997.

429:18 Repealed by 1997, 136:3, II, eff. June 9, 1997. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:19 - Advertising.

429:19 Advertising. –
I. All advertisements of maple syrup displayed, circulated, broadcast by radio or telecast within this state which quote a price shall specify the grade and volume of maple syrup in equal prominence with the stated price.
II. All advertisements of maple products and maple flavored products displayed, circulated, broadcast by radio or telecast within this state which quote a price shall specify the quantity of contents in equal prominence with the stated price.
III. All advertisements of maple syrup or maple products which state or imply that the products were produced in New Hampshire shall be used exclusively upon maple syrup or maple products produced within the state of New Hampshire.
IV. All advertising of maple flavored products shall be in compliance with the advertising provisions contained in RSA 429:16. All advertising of artificial maple flavored products shall be in compliance with the advertising provisions contained in RSA 429:17.
Source.
1985, 72:1, eff. July 1, 1985.