reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:20 - Labels.

429:20 Labels. –
I. Every shipment, package or container of honey packed, sold, offered or exposed for sale or distribution by any person shall be plainly marked for packaging and labeling, 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, or the term "not graded"; and
(d) The volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius or the net weight of the contents.
II. Any labeling on bulk or packaged honey which indicates "state of New Hampshire pure honey", "New Hampshire honey", or any other words which imply that the honey so marked was produced in New Hampshire shall be used exclusively upon honey which is entirely produced within the state of New Hampshire in compliance with the terms of this subdivision and the rules adopted hereunder.
III. Any labeling on all other honey products which states or implies that those products were produced in New Hampshire shall be used exclusively upon pure honey 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. 2001, 5:3, eff. June 22, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:21 - Adulteration; Filtration.

429:21 Adulteration;  Filtration. –
I. Honey which is labeled as being pure honey and which is 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. Honey 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. Honey and honey products which are labeled as being pure honey 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 honey product or render the honey products unsafe.
Source.
1985, 72:1. 2001, 5:4, eff. June 22, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:22 - Labeling Container of Honey Flavored Products.

429:22 Labeling Container of Honey Flavored Products. –
I. Every product or package containing a product made by combining honey 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 for 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 honey the product contains expressed in percentage of volume. 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 honey the product contains.
III. The term "honey flavored" may only be used when 100 percent of the flavoring material is pure honey. If any artificial honey 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 429:23 - Labeling Container of Artificial Honey Flavored Products.

429:23 Labeling Container of Artificial Honey Flavored Products. –
It shall be unlawful to use the term "honey", 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 "honey". Terms such as "artificial honey" are declared to be misleading and deceptive and may not be used in the labeling or advertising of any product. Terms such as "artificial honey flavor" or "artificial honey flavor sweetener" may be used to describe a product flavored or sweetened with a substance which attempts to duplicate real honey flavor, providing that words such as "artificial", "flavor", and other modifiers of the word "honey" shall appear in equal prominence and in letters of equal size to the word "honey" 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 429:24 - Advertising.

429:24 Advertising. –
I. All advertisements of honey displayed, circulated, broadcast by radio or telecast within this state which quote a price shall specify the grade and volume of honey in equal prominence with the stated price.
II. All advertisements of honey and honey 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 honey which state or imply that the products were produced in New Hampshire shall be used exclusively upon honey produced within the state of New Hampshire.
IV. All advertising of honey flavored products shall be in compliance with the advertising provisions contained in RSA 429:22. All advertising of artificial honey flavored products shall be in compliance with the advertising provisions contained in RSA 429:23.
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 429:25 - Rulemaking Authority.

429:25 Rulemaking Authority. –
The commissioner of agriculture, markets, and food shall have general authority to administer this chapter and shall adopt rules pursuant to RSA 541-A for carrying out its provisions. 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 maple syrup or honey is 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 429 - Beekeeping and Maple and Honey Products › Section 429:25-a - Stop Sale, Use, or Removal Orders.

429:25-a Stop Sale, Use, or Removal Orders. –
When the commissioner or duly authorized agent has reasonable cause to believe any product is being distributed in violation of any of the provisions of this subdivision, or any of the rules adopted under this subdivision, the commissioner or duly authorized agent may issue and serve a written "stop sale, use, or removal" order upon the custodian of any such product. The product shall not be sold, used, or removed until the provisions of this subdivision have been complied with and the product has been released by the commissioner or duly authorized agent or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source.
1997, 136:2, 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 429:26 - Hearings.

429:26 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, 44:4. 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 429:27 - Penalties.

429:27 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, 44:5, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 429 - Beekeeping and Maple and Honey Products › Section 429:28 - Repealed by 2012, 114:6, II, eff. July 1, 2012.

429:28 Repealed by 2012, 114:6, II, eff. July 1, 2012. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:1 - State Entomologist.

430:1 State Entomologist. –
The commissioner of agriculture, markets, and food shall, subject to the personnel laws of the state, employ an assistant who shall be known as the state entomologist and who shall be fully qualified by scientific training and experience and who, under the direction of the commissioner, shall be in charge of the suppression of pests as provided for in this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:2 - Suppression of Pests.

430:2 Suppression of Pests. –
The commissioner and the state entomologist may undertake the suppression or control of any insect pest or plant disease which, in their judgment, seriously threatens the state or any part thereof and for that purpose may adopt rules, pursuant to RSA 541-A, and may employ such measures as, in their judgment, may be reasonable and proper. The commissioner and the state entomologist shall coordinate their forest pest control efforts with the director of forests and lands. The commissioner and director shall establish and publish an annual work plan that outlines the responsibilities of each agency in the area of forest pest control and report the results back to the appropriate committees. For the purposes of this subdivision, it shall be lawful for the commissioner, the state entomologist or any agent or assistant appointed under the provisions hereof to enter upon any lands in this state.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:3 - Penalty for Misconduct.

430:3 Penalty for Misconduct. –
Whoever resists or obstructs any agent of the state while lawfully engaged in the execution of this subdivision, or who violates any rule adopted by the commissioner and state entomologist under the provisions hereof, or who wilfully brings into the state, disseminates, or propagates any destructive insect pest or plant disease, shall be guilty of a violation if a natural person, or be guilty of a misdemeanor if any other person.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:4 - Suppression By Towns.

430:4 Suppression By Towns. –
For the purposes of this subdivision, the commissioner and the state entomologist may require any town to take such measures as, in their judgment, are reasonable and proper, up to a cost not exceeding, in any one year,
1/10 of one percent of the tax valuation of said town for the preceding year. If a town shall fail to execute the prescribed measures, the commissioner and state entomologist may cause the work to be done and the expense thereof, not exceeding said
1/10 of one percent of the tax valuation, may be recovered from the town in an action by the state.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:5 - Forfeiture.

430:5 Forfeiture. –
In addition thereto, any town failing to take such measures as the commissioner and the state entomologist may require shall forfeit the sum of $100, to be collected by an information brought by the attorney general in the county in which said town is located.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:6 - Suppression By Property Owners.

430:6 Suppression By Property Owners. –
For the purposes of this subdivision, the commissioner and the state entomologist may require the owner of any parcel of land which is infested with any destructive insect pest or plant disease to take such measures as, in their judgment, are reasonable and proper, up to a cost not exceeding, in any one year,
1/2 of one percent of the assessed valuation of said land, including buildings and improvements thereon, as fixed by the last preceding tax appraisal. If the owner of such lands shall fail to execute the prescribed measures, the commissioner and the state entomologist may cause the work to be done, either directly or through the town in which the land is situated, and the expense thereof, not exceeding
1/2 of one percent of the assessed valuation of said land as specified, shall be assessed upon said lands and improvements.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:7 - Assessments.

430:7 Assessments. –
The amounts to be assessed upon private property shall be assessed and collected like ordinary taxes at the next general tax assessment following their expenditure, and shall be a lien on said land, including buildings and improvements thereon, in the same manner and with the same effect as is provided in the case of other taxes, and shall be subject to the provisions relative to abatement and appeal.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:8 - Interpretation.

430:8 Interpretation. –
Nothing in the subdivision shall be construed to affect the provisions of RSA 227-K relating to the control of forest insect and disease infestations.
Source.
1985, 72:1. 1995, 299:14, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:9 - Declaration of Purpose.

430:9 Declaration of Purpose. –
For the purpose of preserving and promoting the public health and welfare by providing for the control of mosquitos and other arthropods of public health and welfare significance (hereinafter referred to as mosquitos), the creation of mosquito control districts is hereby authorized. The boundaries of the districts shall cover the same area as the boundaries of the cities and towns in the district. The mosquito control districts may further be identified by that state region in which they are located. Permanent control of mosquitos shall be the primary aim of the state committee, recommending and initiating only such temporary measures as are necessary and judicious, to be guided by the various state, federal and local departmental requirements.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:10 - Repealed by 2010, 368:1(29), eff. Dec. 31, 2010.

430:10 Repealed by 2010, 368:1(29), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:11 - Duties of Committee.

430:11 Duties of Committee. –
I. The committee is authorized to accept and allocate or spend any grants-in-aid for mosquito control purposes which are made available to the state by the federal government.
II. Upon the approval of the committee, funds received by any department or state agency for mosquito control purposes may be utilized to aid local governmental units, other than mosquito control districts, undertaking projects having significant mosquito control benefits. In no case shall the grant of such funds exceed 5 percent of the capital costs of the project, nor 50 percent of the annual operating costs or expenses of the local unit.
III. The department shall act as fiscal agent in contracting for receipt and expenditure of all funds made available to the committee and shall provide all administrative services required to carry out the functions of the committee. The department shall be reimbursed for the cost of service which it provides from funds made available under the provisions of this subdivision.
IV. In no case may the monetary value of the aid provided with state funds to mosquito control districts exceed that provided locally for temporary control measures such as larviciding or adulticiding, nor twice the local funds provided for permanent improvements such as draining, ditching, diking, and impounding.
V. State aid shall not be given to mosquito control districts until the work or project plans for which the grant is being made are submitted to and approved by the committee or its authorized representative, and until proof has been received by the department that local funds are available.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:12 - Petition.

430:12 Petition. –
Ten qualified voters in any city or town may petition the city council, town selectmen, or any other type of city or town governing body, hereafter called the local governing body, that the proposition of creating, establishing, and maintaining a city or town mosquito control district be submitted to the voters of that city or town at the next general election held in that city or town or to the voters in the next town meeting that does not occur within less than 90 days after filing the petition. The petition may consist of one or more separate units and shall be filed with the local governing body. Each subscriber to the petition shall state his name, post office address, the voting precinct in which he is registered, and the date of signing. No subscriber may withdraw his name or have it taken from the petition after the petition has been filed. If the name of any person has been placed upon the petition without his authority, he may appear before the local governing body, before the election or meeting is ordered, and, upon proof his name was placed on the petition without his authority, his name may be struck off the petition by an order of the local governing body.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:13 - Procedure.

430:13 Procedure. –
I. Upon the filing of the petition, the local governing body shall order one publication of notice of the filing. The cost of publication shall be absorbed by the local governing body in the usual manner out of city or town funds. The local governing body shall enter a further order directing that the question, "Are you in favor of establishing a city or town mosquito control district?", with proper answer squares of "yes" or "no" be placed upon such a ballot; or to have the question properly placed for action at the next town meeting.
II. The vote shall be canvassed and returned by the election officials for the general election and certified to the local governing body; or if in town meeting, the result shall be duly recorded by the town clerk with the actual vote noted. If a majority of those voting on the proposition vote "yes", the local governing body shall by order declare the establishment of the district.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:14 - Districts Established.

430:14 Districts Established. –
I. Each mosquito control district shall be governed by a board or committee, consisting of up to 5 voters domiciled in the district, appointed by the local governing body, initially appointed to staggered terms. At the expiration of the terms of the members of the first board or committee, all appointments shall be for terms of 3 years and until their successors are appointed and qualified, but the individuals holding the appointment shall do so at the pleasure of the local governing body. At least one board or committee member should be a local governing body member; however, this one membership may be assigned. Vacancies shall be filled by the local governing body. Vacancies resulting for cause other than expiration of term shall be filled for the unexpired term.
II. Members of the state committee may designate representatives of state departments or agencies to serve on district boards or committees in an advisory capacity without vote.
III. Members of the district board or committee appointed by the local governing body may be reimbursed for necessary expenses incurred in performance of their duties.
IV. The local governing body may act as fiscal agent for the district board or committee in contracting for receipt and expenditure of all funds made available to the district and shall provide all administrative services required to carry out the functions of the district board or committee.
Source.
1985, 72:1, eff. July 1, 1985. 2003, 289:21, eff. Sept. 1, 2003. 2012, 88:1, eff. July 28, 2012.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:15 - Officers.

430:15 Officers. –
At the first meeting of the district board or committee, and annually thereafter, the board or committee shall elect from its membership a chairman. Each voting member shall take and subscribe to any oath that may be required by law or the local governing board.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:17 - Fiscal Year.

430:17 Fiscal Year. –
The fiscal year of each mosquito control district shall be concurrent with the fiscal year of the local governing body of that district; further, the mosquito abatement season shall be that season when the mosquito can be best contained on a temporary or permanent control basis.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:18 - Taxes.

430:18 Taxes. –
I. The district board or committee may recommend and present, as outlined in RSA 430:16, I(g) and (h), a proposed budget to the local governing body of the city or town where the control district is located.
II. Tax funds collected shall be held by the fiscal agent of the mosquito control district for the specific purpose for which they have been levied. All expenditures of such funds shall be made by the fiscal agent of the district board upon approval of the local governing body. The fiscal agent of the district board shall provide the local governing body of the town or city with a complete itemized account of all funds received and expended by the district in conjunction with RSA 430:16, I(h).
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:19 - Joint Effort.

430:19 Joint Effort. –
To increase operational efficiency, 2 or more adjacent mosquito control districts may, by written agreement of the boards and the local governing bodies, arrange for combining mosquito control funds, apportioning costs, cooperating, and engaging jointly in mosquito control projects. The immediate control and management of a joint project may be entrusted to a joint committee composed of the chairman of each of the boards, or such other board members as may be agreed upon and stipulating such in writing.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:20 - Discontinuance.

430:20 Discontinuance. –
At any time after 3 years from the organization of a mosquito control district, 10 legal voters may petition the local governing body that the question of discontinuing the district be submitted to the voters of the district at the next town meeting or general election held in the district that does not occur within less than 90 days after filing of the petition. The petition shall state the reasons for discontinuance and that all obligations of the district have been met or provided for. Action shall be taken on the petition as provided in RSA 430:13.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:22 - Cooperation.

430:22 Cooperation. –
Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the pest control compact.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:23 - Filing of Bylaws.

430:23 Filing of Bylaws. –
Pursuant to the provisions of Article IV(h) of the compact, copies of bylaws and amendments shall be filed with the secretary of state.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:24 - Compact Administrator.

430:24 Compact Administrator. –
The compact administrator for this state shall be the commissioner of agriculture, markets, and food. The duties of the compact administrator shall be a regular part of the duties of his office, and his expenses as compact administrator shall be a charge upon funds of the department of agriculture, markets, and food.
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 430 - Insect Pests and Plant Diseases › Section 430:25 - Application for Assistance.

430:25 Application for Assistance. –
Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the insurance fund may be made by the governor whenever in his judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:26 - Expenditures.

430:26 Expenditures. –
The department, agency or officer spending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state treasury the amount or amounts of any payments made to this state to defray the cost of such a program, or any part thereof, or as reimbursement thereof.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:27 - Definitions of Terms.

430:27 Definitions of Terms. –
As used in this compact with reference to this state, the term "executive head" means the governor.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:28 - Declaration of Purpose.

430:28 Declaration of Purpose. –
The purpose of this subdivision is to recognize the benefits of chemical pesticides in the economy of the state when applied in a safe, scientific, and proper manner; to safeguard public health and welfare and public assets in the soils, waters, forests, wildlife, and other natural resources of the state by insuring proper application of chemical pesticides; to provide for the scientific measuring and monitoring of residual pesticides in the waters and other natural resources of the state, and to establish accurate records of pesticides use in the state without superceding controls presently in force.
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 430:30 - Pesticide Control Board.

430:30 Pesticide Control Board. –
I. A pesticide control board is established to consist of 13 members appointed by the governor with consent of the council, as follows:
(a) The commissioner of agriculture, markets, and food.
(b) The commissioner of the department of health and human services, or designee.
(c) The commissioner of the department of natural and cultural resources, or designee.
(d) The executive director of the department of fish and game, or designee.
(e) The commissioner of the department of environmental services, or designee.
(f) The state entomologist.
(g) A licensed physician representing the public interest.
(h) A person who possesses an advanced degree in one of the biological sciences representing the public interest.
(i) A licensed or permitted pesticide applicator.
(j) One person from a slate of 3 persons presented by the New Hampshire Horticultural Industries Council.
(k) Two persons representing the public interest who are not affiliated with the manufacture or distribution of pesticides and who are neither commercial nor private applicators as defined in this subdivision, and who do not otherwise fall within categories (a) through (j).
(l) One person representing municipal interests, appointed by the governor from 3 candidates nominated by the New Hampshire Municipal Association.
II. The term shall be 3 years except that of the original appointees under (f) through (j), 2 shall serve a 3-year term, 2 shall serve a 2-year term, and 2 shall serve a one-year term.
III. The board shall select its own chairman to serve a term of 3 years. All members shall be New Hampshire residents. The members representing the public interest shall not have any official or contractual relationship with, or receive any significant portion of their income from, any person subject to division permits or enforcement orders. Members shall disclose all potential conflicts of interest, and shall not vote on matters in which they have a direct interest. The board may elect other officers.
IV. The board shall meet 4 times annually, and from time to time at the call of the chairman or upon the request of any 4 members. Seven members shall constitute a quorum.
V. Members are not entitled to compensation for their services but may receive reimbursement for their necessary traveling and other expenses while engaged in actual work of the board, and shall be paid from moneys appropriated for the purpose of this subdivision.
Source.
1985, 72:1; 375:3. 1986, 202:6, I(a). 1994, 380:1, 2. 1995, 130:5; 310:182, eff. Nov. 1, 1995. 2005, 215:3, eff. July 1, 2005. 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 430:31-a - Repealed by 1997, 101:1, eff. Aug. 3, 1997.

430:31-a Repealed by 1997, 101:1, eff. Aug. 3, 1997. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:32 - Division Established.

430:32 Division Established. –
There is hereby established the division of pesticide control within the department of agriculture, markets, and food which shall administer and enforce this subdivision under the direction of the commissioner of agriculture, markets, and food.
Source.
1985, 72:1; 375:3. 1995, 130:4, 5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:34 - Application for Registration and Permits.

430:34 Application for Registration and Permits. –
I. Annual certificates of registration or permits may be issued and fees shall be collected by the division.
II. Applications for registration and permits shall be on a form prescribed by the division and shall include the following:
(a) The full name and address of the person applying for the registration or permit.
(b) If the applicant is an individual, receiver, trustee, firm, partnership, association, corporation, or other organized group of persons whether or not incorporated, the full name of each member of the firm or partnership, or the names of the officers of the association, corporation, or group, and the name of the person or persons charged with the responsibility for the application of pesticides.
(c) The name and address of a person whose domicile is in the state, and who is authorized to receive and accept services of summonses and legal notice of all kinds for the applicant.
(d) The type (ground or air) of any apparatus used by the applicant to apply pesticides.
(e) Any other information prescribed by the division.
III. Each application for initial examination of a commercial or private applicator shall be accompanied by an examination fee of $5 for each category or commodity group in which such examination is requested. When an applicator has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a re-examination fee of $5 for each category or commodity group in which re-examination is requested. A separate application and re-examination fee shall be filed by the applicant each time a re-examination is requested.
IV. One member of each crew operating a piece of equipment as a commercial applicator must be registered as required under this subdivision. Any application of pesticides by a commercial applicator or person requiring a permit must be by or under the direct supervision of an individual who has satisfied the examination requirement of RSA 430:33, I or the examination or other competence verification requirement of RSA 430:33, II.
V. Fees collected from applicants for registration as commercial or private applicators under this subdivision constitute a special pesticides control fund which does not lapse but may be used at any time to carry out the provisions of this subdivision.
Source.
1985, 72:1; 375:3. 1994, 313:2, 3, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:34-a - Notification of Aerial Pesticide Application.

430:34-a Notification of Aerial Pesticide Application. –
I. No person shall make an aerial application of pesticides without prior written approval from the division. The approval process shall be governed by rules adopted by the board pursuant to RSA 430:31, IV(b).
II. If the proposed treatment area is in a residential area, or if residential, commercial, or institutional buildings are located within 200 feet of the proposed treatment area, a written notice of all aerial pesticide applications shall be submitted in person to all persons owning property and other persons using commercial, institutional or residential buildings within the treatment area or 200 feet of the intended treatment area at least 14 days but not more than 60 days before the commencement of the intended spray applications. The notice shall contain the following information:
(a) Description of the treatment area sufficient to inform people who may be in the vicinity.
(b) Name of the person who contracts for the applications or such person's representative or the applicator and the address and telephone number to contact for more specific information about the intended application.
(c) Intended purpose of the pesticide application.
(d) Pesticides to be used.
(e) Date or reasonable range of dates on which applications are proposed to take place.
(f) Telephone number of the New Hampshire department of agriculture, markets, and food, division of pesticide control.
(g) Telephone number of the New Hampshire Poison Control Center.
(h) Public precautions which appear on the pesticide label.
III. For absentee property owners notice by certified mail, return receipt requested, to the address listed in the town tax record shall be sufficient notice.
Source.
1994, 235:1. 1995, 130:4, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:36 - Pesticide Product Registration.

430:36 Pesticide Product Registration. –
Every pesticide which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the division of pesticide control, and such registration shall be renewed annually; provided that products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same pesticide may be registered as a single pesticide; and additional names and labels shall be added by supplemental statements during the current period of registration.
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 430:37 - Exception.

430:37 Exception. –
Notwithstanding any other provisions of this subdivision, registration is not required:
I. In the case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person and used solely at such plant as a constituent part to make a pesticide which is registered under this subdivision or distributed under the provisions of an experimental use permit issued under this subdivision or by the United States Environmental Protection Agency.
II. For nematodes and beneficial insects used as biological control agents, and which are also exempt from regulation by the United States Environmental Protection Agency under 40 CFR chapter 1, subpart B, section 152.20, provided that such nematodes and beneficial insects are under a permit issued by the United States Department of Agriculture pursuant to 7 CFR 330.
Source.
1985, 72:1; 375:3. 1998, 97:1, eff. July 19, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:38 - Statement Required.

430:38 Statement Required. –
I. The registrant shall file with the division a statement including:
(a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;
(b) The name of the pesticide;
(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use; and
(d) If requested by the division, a full description of the tests made and the results thereof upon which the claims are based.
II. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last re-registered.
III. (a) The registrant shall pay an annual fee for each pesticide registered as follows:
(1) A restricted use pesticide.
(2) A general use pesticide, other than a specialty/household pesticide.
(3) A specialty/household pesticide.
(b) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the amount of the fees charged under subparagraph (a). Until such rules are adopted, the fees under subparagraph (a) shall be the same as the fees which were in effect on June 30, 2015.
IV. The division, when deemed necessary in the administration of this subdivision, may require the submission of the complete formula of any pesticide including the active and inert ingredients.
V. The board may prescribe any other necessary information by rule.
VI. If it appears to the division that the composition of the article is such as to warrant the proposed claims for it and if it appears that the pesticide would not cause unreasonable adverse effects on the environment, and if the registrant has complied with all other provisions of this subdivision, the division shall register the pesticide.
VII. If the division determines that any federally registered pesticide with respect to the use of such pesticide within this state,
(a) Does not warrant the claims for it, or
(b) If the pesticide would cause unreasonable adverse effects on the environment, the division may refuse to register the pesticide or if the pesticide is registered under this subdivision, the registration may be cancelled or suspended as otherwise provided by this subdivision.
VIII. No article shall be deemed in violation hereof when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, the provisions shall apply.
Source.
1985, 72:1; 375:3. 1987, 163:1. 1995, 308:55, eff. July 1, 1995. 2005, 215:1, eff. July 1, 2005. 2010, 83:1, eff. July 1, 2010. 2015, 229:22, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 430 - Insect Pests and Plant Diseases › Section 430:40 - Experimental Use Permits.

430:40 Experimental Use Permits. –
Provided the state is authorized by the administrator of the United States Environmental Protection Agency to issue experimental use permits and subject to the terms and conditions of such authorization, the division may:
I. Issue an experimental use permit to any person applying for such permit if determined that the applicant needs such permit in order to accumulate information necessary to register a pesticide for special local needs under RSA 430:39. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.
II. Refuse to issue an experimental use permit if determined that issuance of such permit is not warranted or that the pesticide applications that would be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
III. Prescribe terms, conditions, and a period of time for the experimental use permit, which shall be under supervision of the division.
IV. Revoke or modify any experimental use permit, at any time, if it is found that its terms or conditions are being violated or that its terms or conditions are inadequate to avoid adverse unreasonable effects on the environment.
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 430:42 - Administration and Enforcement.

430:42 Administration and Enforcement. –
I. The commissioner through the division shall be responsible for and shall arrange for the administration and enforcement of the provisions of this subdivision and the administrative rules of the board.
II. The division may issue an order to any person in violation of any provision of this subdivision, a permit or certificate of registration issued under this subdivision, or a rule adopted under this subdivision, to cease and desist from any act in violation of such provision, the permit or certificate of registration, or the rule. Orders of the division issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order to the board in accordance with the provisions of this subdivision.
III. The division is authorized to examine any pesticide for the purpose of determining whether it complies with the registration requirements set forth in RSA 430:36, RSA 430:37, and RSA 430:38.
IV. The division may hold hearings concerned with the issuance of permits and certificates of registration, and the enforcement of these and any other provisions under this subdivision.
V. The division may issue written "stop sale, use or removal" orders upon the owner or custodian of any pesticide or device when it is believed that such pesticide or device is being distributed in violation of any of the provisions of this subdivision, or of any of the prescribed rules under this subdivision. The pesticide or device shall not be sold, used or removed until the provisions of this subdivision have been complied with and the pesticide or device has been released by the division or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
VI. The division may seize for forfeiture any pesticide that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state which shall be liable to be proceeded against in any court in any county of the state where it may be found as provided by RSA 617:
(a) If it is adulterated or misbranded;
(b) If it has not been registered under the provisions of paragraph III; and
(c) If it fails to bear on its label the information required by this subdivision.
VII. The division may impose administrative fines, pursuant to RSA 430:45, III, in the enforcement of this subdivision, according to procedures set forth in RSA 541-A.
Source.
1985, 72:1; 375:3, eff. July 1, 1985.