New Hampshire Administrative Code

At any time prior to the issuance of the decision on the merits, the board, on the board's own motion or on the motion of any party, shall reopen the record of the hearing to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, …

(a) The board shall issue final decisions on all appeals within 45 days of the close of evidence. (b) If the board determines that it requires additional time for the proper consideration or determination of the facts or issues involved, it shall notify the parties to the appeal …

(a) Pursuant to RSA 541:3, within 30 days after the date of notice of any decision or order of the board, any party to the action or proceeding before the board, or any person directly affected thereby, may apply for rehearing in respect to any matter determined in the action or …

(a) The official record of the board in a contested case shall be as specified in RSA 541-A: 31, VI. (b) The board shall retain all evidence associated with a case until the expiration of the period provided by law for the appeal of decisions of the board. (c) Unless otherwise pr…

"Abutter" means any person who owns shoreline within 200 feet of the treatment area of the surface waters. Notes N.H. Admin. Code § Pes 101.01 #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96

"Agricultural commodity" means any plant, or part thereof, or animal or animal product, produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, agriculturalists, floriculturists, orchardists, foresters, or other comparable perso…

"Board" means the pesticide control board as established by RSA 430:28-49. Notes N.H. Admin. Code § Pes 101.03 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96

"Chemical liability" means that the insurance coverage required under Pes 301.03 pertains to the handling and use of pesticides. Notes N.H. Admin. Code § Pes 101.04 #4309, eff 9-1-87; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96

"Chemigation" means the application of a chemical through an irrigation system by injecting or introducing the chemical into the water flowing through the system. Notes N.H. Admin. Code § Pes 101.05 #5734, eff 11-5-93; ss and moved by #6239, eff 5-2-96 (formerly Pes 101.045)

"Commercial applicator not for hire" means those commercial applicators who apply pesticides to their own premises, that of their immediate employers or when performing duties required of them by a governmental subdivision, and any other commercial applicator other than a "commer…

"Common chemical name" means a well-known, simple name of a pesticide accepted by the pesticide regulation division of the Environmental Protection Agency or those adopted by the American National Standards Institute (ANSI). Notes N.H. Admin. Code § Pes 101.07 #4867, eff 7-19-90;…

"Crew" means: (a) One or more men working with one piece of mechanically powered equipment that has a capacity exceeding 3 gallons of liquid or 25 pounds of dry material; and (b) Those men working within speaking distance of one another and each applying pesticides by hand or eac…

"Device" means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than man and other than bacteria, virus, or other micro-organism on or in living man …

"Disposal" means discarding, open burning, or incineration of excess of unusable pesticide materials and discarding of pesticide containers, or the sale or transfer of ownership of pesticide containers for use other than to contain pesticides. Notes N.H. Admin. Code § Pes 101.10 …

"Division" means the division of pesticide control as established within the department of agriculture. Notes N.H. Admin. Code § Pes 101.11 #4867, eff 7-19-90; ss and moved by #6239, eff 5-2-96 (from Pes 101.10)

"Drift" means the airborne movement of pesticides resulting from a pesticide application such as to carry pesticides beyond the target pest area. Notes N.H. Admin. Code § Pes 101.12 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; s…

"Food handling area" means those areas where food is prepared, stored or handled for human and animal consumption. Notes N.H. Admin. Code § Pes 101.13 #1301, eff 1-10-79; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss and moved by #6239, eff 5-2…

"Janitor" means person or persons, classified as commercial applicator not for hire, including but not limited to custodians, maintenance personnel and building maintenance supervisors, designated by their immediate employer as being responsible for maintaining the condition of t…

"Label" or "labeling" means: (a) The written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereon; (b) The outside container or wrapper of the retail package, if there is one, of the pesticide; and (c) Written printed or graphic matter…

"Legally constituted authorities" mean those whose responsibility is to recommend uses of pesticides to users of such materials. Such definition includes the appropriate personnel of the university of New Hampshire cooperative extension and agricultural experiment station, the Ne…

"License" means: (a) A document issued to operational and supervisor commercial applicators as evidence that they have completed requirements for registration in one or more categories of certification; and (b) A document issued to a person who has completed the requirements to b…

"Mechanically-powered equipment" means any device that distributes pesticides through means other than by hand power. Notes N.H. Admin. Code § Pes 101.18 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by 4867, eff 7-19-90; ss and moved by #6239, eff 5-2…

"On-highway vehicle" means any motor vehicle of 4 wheels or more, duly licensed or registered with any motor vehicle division to travel over the public roads and highways of the state. Notes N.H. Admin. Code § Pes 101.19 #591, eff 11-20-74; ss by #2209, eff 12-13-82; ss by #2781,…

"Operational registration certificates" mean certificates issued to persons who apply pesticides commercially or who are present and in direct command of such persons. Notes N.H. Admin. Code § Pes 101.20 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by…

"Pesticide" means: (a) Any chemical or biological agent used to control a pest including but not limited to the following materials: (1) Acaricides or miticides; (2) Insecticides; (3) Nematocides; (4) Herbicides; (5) Desiccants; (6) Defoliants; (7) Fungicides; (8) Molluscides; (9…

"Pesticide dealer" means any person representing himself or a single firm, corporation, dealership or other entity, who is engaged in the business of distributing, selling, offering for sale or holding for sale, in New Hampshire, any pesticide which has been designated by the New…

"Private applicator" means an individual who uses or supervises the use of any pesticides, whether classified general use or state restricted use, for purposes of producing any agricultural commodity on property owned or rented by him or his employer, or if applied without compen…

"Products/completed operations coverage" means that the insurance coverage required under Pes 301.03 includes liability coverage for injury and damage: (a) Arising out of the use of products by the insured, and (b) Arising out of operations but when the bodily injury or property …

"Property immediately adjacent to buildings" means flower gardens, driveways and all such areas, other than surface waters and turf or lawn areas, the primary purpose of which is to enhance the aesthetic value of the business's buildings. Notes N.H. Admin. Code § Pes 101.25 #1301…

"Public health emergency" means a state of emergency declared by the commissioner when a pest borne organism has the potential for a serious impact on human health if not controlled in a timely fashion. Notes N.H. Admin. Code § Pes 101.26 #1410.4, eff 1-10-79; amd by #2202, eff 1…

"Recommendations" means written advice of legally constituted authorities as to the use of pesticides within the scope of Section 2(ee) of the Federal Insecticide, Fungicide and Rodenticide Act, amended (1978- PL 95-396) which might appear in the most current form of extension bu…

"Reference line" means "reference line" as defined in RSA 483-B:4, namely: (a) For natural fresh water bodies without artificial impoundments, the natural mean high water level as determined by the department of environmental services, or in the absence of determination by the de…

"Residential area" means areas which include the following: (a) Occupied residential buildings in close proximity to one another. (b) Areas designated as "residential" use by the town's zoning board which would include the following uses: (1) One family dwellings as single lots; …

"Residue" means the pesticide remaining in the environment or on a crop at the time of harvesting. Notes N.H. Admin. Code § Pes 101.30 #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96

"Right-of-Way" means any path, roadway, airport, or thoroughfare on which public passage may be made and any corridor of land over or upon which facilities such as railroads, pipelines, powerlines, electric distribution lines, conduit, and channel or communication lines are locat…

"Service container" means any container, other than original containers bearing legible labeling and containing the original material, utilized to hold, store or transport a pesticide concentrate or a pesticide use-dilution preparation. The term does not include pesticide applica…

"Special permit" means a document issued by the division approving the use of pesticides in restricted areas as specified in Pes 500, 600, and 1000, including but not limited to pesticide application for mosquito control, aquatic nuisance control, aerial application, bird control…

"State restricted use pesticide" means any pesticide or pesticide use classified for restricted use by the New Hampshire pesticide control board. Notes N.H. Admin. Code § Pes 101.34 #1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90;…

"Supervisory registration certificates" means certificates issued to persons engaged in the commercial application of pesticides who are responsible for deciding whether or not pesticides are to be employed, how they are to be used, and the methods of application and precautions …

"Supervisory Registration Certificate - General Use" means a certificate issued to a commercial applicator for hire, as defined in RSA 430:29VII, engaged in commercial application of general-use pesticides, as defined in RSA 430:29 II-aXI, under Category C1, F8, G1, G2, B, or F2,…

"Surface waters" mean streams, brooks, creeks, rivers, lakes, ponds, wetlands and tidal waters within the jurisdiction of the state, including all streams, lakes or ponds bordering on the state, marshes, watercourses and other bodies of water, natural or artificial. Notes N.H. Ad…

"Surface waters or their tributaries used for public water supply" means those lakes, ponds, rivers, streams, or other open waters designated and delimited by the department of environmental services as sources of public water supply. Notes N.H. Admin. Code § Pes 101.38 #7544, ef…

"Watershed of public water supply" means that area which contributes surface water runoff either directly to a surface source of a public water supply or to the reservoir, lake, pond, river, stream, ditch, watercourse, or intermittent rivulet or other open waters that at any time…

(a) By nature of its definition in RSA 430:29, the pesticide control board is an instrument which coordinates state agencies and appointed representatives of the general public, whose combined pesticide knowledge contributes to make the board an effective regulatory and advisory …

The responsibility and authority of the board shall include the following: (a) Establish policies and goals relative to the sale and use of pesticides; (b) Hold hearings concerned with rulemaking where required by RSA 541-A:3-c. The board shall, when required pursuant to RSA 541 …

Requests for, and providing information shall be according to the provisions of Agr 104. Notes N.H. Admin. Code § Pes 103.01 #150, eff 1-9-74; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; ss by #6239, eff 5-2-96

No residential property owner, private applicator, or commercial applicator shall apply pesticides to ground, turf, or established vegetation within the following distances of the reference line of those waters not covered by RSA 483-B "The Comprehensive Shoreland Protection Act"…