New Hampshire Administrative Code

"Conservation commission" means "conservation commission" as defined in RSA 432:18, VI. Notes N.H. Admin. Code § Agr 701.08 #1601, eff 7/1/1980; ss by # 2237, eff 1/1/1983; ss by #2887, eff 10/22/1984; ss by #4098, eff 7/22/1986, EXPIRED:7/22/1992; #7463, eff 3/21/2001, EXPIRED: …

"Filed" means the actual receipt of a document or application at the committee's office in Concord in a form consistent with these rules. Notes N.H. Admin. Code § Agr 701.09 #1601, eff 7/1/1980; ss by # 2237, eff 1/1/1983; ss by #2887, eff 10/22/1984; ss by #4098, eff 7/22/1986, …

"Governing body" means "governing body" as defined in RSA 432:18, VII. Notes N.H. Admin. Code § Agr 701.10 #1601, eff 7/1/1980; ss by # 2237, eff 1/1/1983; ss by #2887, eff 10/22/1984; ss by #4098, eff 7/22/1986, EXPIRED: 7/22/1992; #7463, eff 3/21/2001, EXPIRED: 3/21/2009. Amend…

"Municipality" means "municipality" as defined in RSA 432:18, VIII. Notes N.H. Admin. Code § Agr 701.11 #1601, eff 7/1/1980; ss by # 2237, eff 1/1/1983; ss by #2887, eff 10/22/1984: ss by #4098, eff 7/22/1986, EXPIRED:7/22/1992; #7463, eff 3/21/2001, EXPIRED: 3/21/2009. Amended b…

"Site" means "site" as defined by RSA 432:18, IX. Notes N.H. Admin. Code § Agr 701.12 #4098, eff 7/22/1986, EXPIRED: 7/22/1992; #7463, eff 3/21/2001, EXPIRED: 3/21/2009. Amended by Number 15, Filed April 11, 2024, Proposed by #13910, Effective 3/21/2024, Expires 3/21/2034 (see Re…

"Soil Potential Index (SPI)" means the official United States Department of Agriculture, Natural Resources Conservation Service measure of soil productivity under standard conditions as adjusted by the cost of overcoming soil limitations plus any continuing limitations not practi…

(a) Applications for new sites shall be accepted within 90 days following an announcement made by the committee that applications will be accepted. (b) For the application to be considered, the proposed site shall be capable of active, productive agricultural use in its current s…

(a) The applicant shall mail a completed application and all attachments to: (b) Department of Agriculture, Markets, & Food Office of the Commissioner PO Box 2042 Concord, NH 03302-2024. (b) A copy of the application shall be simultaneously mailed to the governing body of the mun…

The applicant shall submit the following in the order listed as part of an application for an agricultural preservation restriction: (a) Name of applicant's business or farm; (b) Name, address, telephone number, fax number, and email address, if available, of the applicant; (c) O…

The applicant shall include a draft of the actual deed restriction proposed by the applicant which conforms to the following: (a) Construction or placing of buildings, except those used for agricultural purposes or for dwellings used for family living by the landowner, shall be p…

(a) Within 60 days of the receipt of an application in accordance with Agr 703.01, the governing body of the municipality shall be notified by the committee and invited to submit comments, including the following: (1) Whether or not the application is recommended by the municipal…

(a) The commissioner shall examine the application for completeness and notify the applicant in writing within 30 days of receipt of the application. (b) If the commissioner determines that the application is not facially complete, the applicant shall be notified of any apparent …

After the commissioner has notified the applicant that the application is complete, the commissioner shall: (a) Authorize a field inspection of the land and agricultural area covered by the application including preparation of a preliminary estimate of the probable value of the r…

(a) If an application is provisionally approved by the committee, an appraisal shall be conducted according to the following:(1) The appraisal shall be conducted to determine fair market value by an appraiser certified by the NH real estate appraiser board; (2) Fair market value …

(a) Following completion of the actions described in Agr 704.01 and Agr 704.02, the commissioner shall within 30 days resubmit the application, with a report of such actions, to the committee for final action pursuant to Agr 705 as to whether the funds shall be reserved to purcha…

If a municipality has entered into an agreement with the committee to provide assistance in purchasing agricultural land development rights, the municipality's share of the cost shall be forwarded to the commissioner for payment at the time of closing. Notes N.H. Admin. Code § Ag…

Preparation, execution, and recording of the necessary instruments shall be approved by the commissioner before payment for the land agricultural land development rights shall be made. Notes N.H. Admin. Code § Agr 704.06 #1601, eff 7/1/1980; ss by # 2237, eff 1/1/1983; ss by #288…

All applications submitted to the committee shall be evaluated and points awarded according to the criteria listed in subsequent sections of this part. Notes N.H. Admin. Code § Agr 705.01 #1601, eff 7/1/1980; ss by # 2237, eff 1/1/1983; ss by #2887, eff 10/22/1984; ss by #4098, e…

(a) Each application filed pursuant to Agr 702.01, shall be evaluated to determine the potential suitability of the soils for agricultural production. (b) The New Hampshire Soil Potential Index (SPI) developed by the U.S. Department of Agriculture Natural Resources Conservation S…

(a) "Conversion" means changing use of the land from agricultural production to such uses as commercial, residential, or industrial development. (b) "General vicinity" means a distance of more than one and less than 5 miles from the perimeter of the property. (c) "Immediate vicin…

(a) The cost of development rights shall be measured as a ratio between the applicant' s declared fair market or ad valorem value for the land and the applicant' s declared value for the development rights to the parcel, as expressed in the formula below: Declared development rig…

(a) The committee shall evaluate the economic viability and supporting services to maintain agricultural production. (b) Availability of wholesale and retail markets for commercial products and supplies and services required for agricultural production shall qualify the applicati…

(a) The committee shall evaluate current and recent usage of the land for agricultural production. (b) A maximum of 5 points shall be awarded, according to the following criteria:(1) Land presently in production with crops harvested or to be harvested in the current calendar year…

Financial participation by counties, cities, towns, charitable organizations, or trusts shall qualify the application for up to 15 points, and shall receive one point for each 4 percent of the total cost assumed by the participating entity. Notes N.H. Admin. Code § Agr 705.07 #16…

Applicants offering to make gifts of preservation or conservation easements or other deed restrictions to additional land shall receive up to 10 additional points according to the following schedule: (a) Gifts of up to 20 percent of value of agricultural land development rights p…

(a) Before the committee shall relinquish the consideration to be paid for an agricultural preservation restriction, the grantor shall produce a current survey of the site. (b) All costs for this survey shall be borne by the landowner. (c) The survey shall be made by a New Hampsh…

(a) The agricultural preservation restriction placed on a particular site shall be released by the committee only if the site is no longer suitable for agricultural production. (b) In making the determination to release under (a) above, the committee shall require the following:(…

(a) Construction of agricultural buildings or dwelling houses for the owner, operator, or employees of a farm situated on a site or alteration of a site shall require approval of the committee. (b) The owner of the site shall submit a request for approval for construction or alte…

(a) If the applicant or the municipality is dissatisfied with the action of the committee in approving or disapproving an application, either party may request that the committee reconsider its action. The request for reconsideration shall be made to the committee within 30 days …

(a) The committee or its delegate shall view each parcel subject to agricultural preservation restrictions not less than once every 2 years to assure that its use complies with the deed restrictions, the rules of the committee, and applicable law. (b) The committee or its delegat…

Notes N.H. Admin. Code § Agr 901.01 #4067, eff 6-5-86; ss by 4547, eff 12-16-88, EXPIRED: 12-16-94 New. #6170, eff 1-24-96, EXPIRED: 1-24-04

Notes N.H. Admin. Code § Agr 901.02 #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

Notes N.H. Admin. Code § Agr 901.03 #4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

Notes N.H. Admin. Code § Agr 901.04 - 901.05 #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

Notes N.H. Admin. Code § Agr 901.06 #4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

Notes N.H. Admin. Code § Agr 901.07 - 901.10 #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

Notes N.H. Admin. Code § Agr 903.01 - Agr 903.03 #6977, eff 4-21-99, EXPIRED: 4-21-07

These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 429:13 et seq., relative to grading, labeling, packaging and sale of maple products in New Hampshire. Notes N.H. Admin. Code § Agr 904.01 Derived from Volume XXXV Number 1, Fi…

These rules shall apply to any person who produces, packages or distributes maple products for sale or distribution in the state, except as stated in Agr 904.05(a). Notes N.H. Admin. Code § Agr 904.02 Derived from Volume XXXV Number 1, Filed January 8, 2015 , Proposed by #10744, …

The following words shall have the meanings indicated when used in this part: (a) "Act" means RSA 429:13-27; (b) "Baume" means a measurement that relates the density of a liquid to that of a salt solution; (c) "Brix" means a measurement of the percent of soluble solids in a liqui…

(a) Color standards with the equivalent results to the following light transmittance values (%Tc) on a spectrophotometer shall be as follows: (1) "Golden" =75.0; (2) "Amber" 50.0-74.9; (3) "Dark" 25.0-49.9; and (4) "Very Dark" <25.0. (b) A color comparator shall be used for deter…

(a) By January 1, 2016, maple producers shall apply the maple grades as specified in (b) through (f) below to all pure maple syrup. (b) "Grade A Golden Color, Delicate Taste" shall have the following characteristics:(1) The syrup shall be pure maple syrup that is clean and practi…

(a) In order to allow for variations incident to proper grading and handling, not more than 10 percent by count of the packaged maple syrup in any lot shall have syrup below the requirements for the grade, provided:(1) There shall be no defects causing serious damage; (2) None of…

(a) Any maple syrup, maple product, maple flavored product or artificial maple flavored product label shall comply with applicable federal and state statutes, regulations, and rules, relating to labeling and consumer fraud. (b) Artificial maple flavored products shall be clearly …

(a) All sap collecting and storage containers shall be of materials meant for food or potable water. (b) All containers of packaged maple syrup shall:(1) Be hot packed at a temperature of 180-190 degrees F; (2) Be packed in containers made from food grade material; (3) Have tampe…

(a) Bulk maple syrup sold directly to consumers, restaurants, or any other market where the syrup is not further processed before purchase by the consumer shall meet the same density standards as packaged maple syrup. (b) Bulk maple syrup sold directly to consumers, restaurants, …

(a) New Hampshire maple packers and producers may register the name of the farm or business with the New Hampshire Department of Agriculture, Markets & Food. The application for registration shall be completed and submitted on form MPVR-14 "Maple Producer-Voluntary Registration F…