New Hampshire Administrative Code

Any person who violates the rules adopted in accordance with RSA 437-A under this chapter or the statutory provisions of RSA 437-A shall be subject to an administrative fine of $1,000 for each violation, pursuant to RSA 437-A:6 and processes set forth in Agr 200. Notes N.H. Admin…

The purpose of this part is to regulate owners or authorized agents of equine quarantine facilities set up to hold horses and/or ponies from CEM affected countries, and set minimum standards and guidelines for their care, testing and release. Notes N.H. Admin. Code § Agr 2901.01 …

(a) "Approved quarantine facility" means an equine holding facility approved by the state veterinarian and federal veterinary personnel for holding and handling horses from CEM affected countries per U.S.D.A. regulations pursuant to 9 CFR, subpart C, sections 93.301 and 93.304 pu…

The quarantine procedures for equine species shall be enforced by the state as listed in 9 CFR, subpart C, sections 93.301 and 93.304 published in the Code of Federal Regulations, January 1, 2007. Notes N.H. Admin. Code § Agr 2901.03 #5851, eff 6-23-94; ss by #7222, eff 3-30-00, …

(a) The owner or agent of the equine quarantine facility shall file an application with the department of agriculture, markets and food to receive stallions and mares from CEM affected countries. (b) The application shall contain the following:(1) Name of owner or authorized agen…

All laboratory testing shall be performed at diagnostic laboratories approved by Veterinary Services, USDA, Animal and Plant Health Inspection Service. Notes N.H. Admin. Code § Agr 2901.05 #5851, eff 6-23-94; ss by #7222, eff 3-30-00, EXPIRED: 3-30-08 New. #9180, eff 6-13-08

(a) The quarantine facilities shall be separated from other buildings where horses are housed as follows: (1) All doors or gates shall be secured; and (2) All paddocks, pastures or exercise areas shall be properly fenced to prevent escape and contact with any other horses. (b) Th…

In the instance of the need of submission of a suspected rabid brain, the rabies control authority, as defined in RSA 436:99, VIII, shall submit said specimen to the New Hampshire department of health and human services laboratory, Concord, New Hampshire, for diagnosis. Notes N.H…

Pursuant to RSA 466:13-a the following shall be used as methods of identification of cats: (a) Collars affixed with metal identification plates; (b) Numbered ear tags; (c) Identification tattoo; or (d) Surgically implanted microchips. Notes N.H. Admin. Code § Agr 3001.01 #6274, e…

(a) A veterinarian administering the rabies vaccination, as required by RSA 436:100, shall have the owner of the wolf hybrid sign an affidavit in the presence of the veterinarian indicating awareness that:(1) The use of the canine-approved vaccine on wolf hybrids is experimental;…

(a) When outside and not in the physical control of the owner, wolf hybrids shall be confined by a chain link fence a minimum of 8 feet in height and anchored at the base to prevent escape underneath. The gate or door shall be secured with a padlock so as to prevent escape of the…

(a) Wolf hybrids kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. (b) Sufficient shade shall be provided to allow all wolf hybrids to protect themselves from direct rays of the sun. Notes N.H. Admin. Code § Agr 3102.02 #6922,…

The purpose of these rules is to set fees for testing of domestic animals that are performed by the state veterinarian or the technicians and laboratory personnel of the division of animal industry of the department of agriculture, markets and food or any other approved diagnosti…

(a) "Back yard flocks" means poultry being raised by any person generating less than $1,000 in gross annual revenue from the sale of eggs, meat or live birds. (b) "Commercial flocks" means poultry being raised by any person generating more than $1,000 in gross annual revenue from…

(a) Commercial flocks testing fees shall be as follows: (1) Salmonella pullorum testing shall be $.25 per bird; (2) Mycoplasma gallisepticum testing shall be $.20 per bird; (3) Mycoplasma synoviae testing shall be $.20 per bird; (4) Avian influenza testing shall be $5 per plate; …

(a) Fees for testing animals in livestock events shall be for reimbursement to the state for expenses incurred by the state veterinarian and the division of animal industry of the department of agriculture, markets and food. (b) The reimbursement fee shall be mileage expenses and…

(a) Fees for lodging necessary for testing animals shall be for reimbursement to the state for expenses incurred by the division of animal industry of the department of agriculture, markets, and food. (b) Fees for lodging shall be consistent with Department of Administrative Serv…

Notes N.H. Admin. Code § Agr 3501.01 #7639, eff 1-30-02, EXPIRED: 1-30-10 New. #9819, eff 11-20-10

Notes N.H. Admin. Code § Agr 3501.02 #7639, eff 1-30-02 , EXPIRED: 1-30-10 New. #9819, eff 11-20-10

Notes N.H. Admin. Code § Agr 3501.03 #7639, eff 1-30-02, EXPIRED: 1-30-10 New. #9819, eff 11-20-10

Notes N.H. Admin. Code § Agr 3501.04 #7639, eff 1-30-02, EXPIRED: 1-30-10 New. #9819, eff 11-20-10

The purpose of these rules is to assure the adequate treatment of horses, including all other equine species. Notes N.H. Admin. Code § Agr 3701.01 #7989, eff 11-21-03, EXPIRED: 11-21-11 New. #10105, eff 4-4-12

(a) "Equine" means horses, asses, mules, donkeys, zebras, ponies or any other caballus species. (b) "Commissioner" means the commissioner of agriculture, markets and food. (c) "Exercise" means the performance of physical exertion for improvement or maintaining of health or the co…

(a) Regular foot care and maintenance shall be provided at least every 8 to 12 weeks. (b) Regular tooth care and maintenance shall be performed at the recommendation of your veterinarian. Notes N.H. Admin. Code § Agr 3703.01 #7989, eff 11-21-03, EXPIRED: 11-21-11 New. #10105, eff…

(a) Barns with stalls shall be: (1) Structurally sound and maintained in good repair; (2) Ventilated either by natural means or mechanical means of exhaust fans or air conditioners, or any combination of natural and mechanical means. (3) Structured with natural light; (4) Adequat…

(a) Adequate and suitable exercise shall be: (1) Turning the equine out into an area, paddock, barnyard, or pasture so it can move freely with enough room to run if it desired to do so; (2) Training for riding, racing, driving or any movement that provides physical exertion; or (…

(a) All equine species shall: (1) Receive good quality roughage in proportion to their size, age, temperament and amount of work they are required to perform; (2) Receive grain to supplement the roughage to meet daily nutritional requirements; (3) Be fed on a regular daily schedu…

Failure to comply with these rules or RSA 435:11-15 shall subject the owner of an equine to the penalty provisions of RSA 435:16. Notes N.H. Admin. Code § Agr 3706.01 #7989, eff 11-21-03, EXPIRED: 11-21-11 New. #10105, eff 4-4-12

These rules have been established to: (a) Prevent and control the spread of invasive plant, insect, and fungal species; (b) Minimize the adverse environmental and economic effects invasive species cause to agriculture, forests, wetlands, wildlife, and other natural resources of t…

(a) "Alien species " means "alien species" as defined in RSA 430:52 I, namely, "with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating or reproducing that species, that is not native to that ecos…

(a) The following species, listed by scientific name in the New Hampshire prohibited invasive species list in Table 3800.1, shall be prohibited: Table 3800.1 New Hampshire Prohibited Invasive Species List Prohibited Plant Species Scientific name Synonyms Common name Acer platanoi…

(a) The commissioner and department employees, while acting in the performance of their duties, shall be exempt from the restrictions of this chapter relative to: (1) Collection; (2) Distribution; (3) Transportation; or (4) Propagation. (b) Persons who have been granted an approv…

(a) Any person may apply for a written variance to allow for temporary scientific use of prohibited invasive species for the collection, transportation, cultivation, transplantation, or propagation of prohibited invasive species provided the species shall not be: (1) Sold; (2) Di…

Prohibited invasive species shall only be disposed of in a manner that renders them nonliving and nonviable. Notes N.H. Admin. Code § Agr 3802.04 #8070, eff 6-1-04; ss by #9228, eff 8-6-08 Amended by Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12084, Effective 1/…

Every nurseryman and plant dealer that meets the licensing requirements of Agr 2500 must retain for three years all invoices for all nursery stock purchased. The invoices shall include the total number of each species, scientific names, the name and address of the source nursery,…

(a) It shall be a violation for any person who collects, transports, imports, exports, moves, buys, sells, distributes, propagates, or transplants any living and viable portion of any plant species, which includes all of their cultivars and varieties, listed in Table 3800.1, New …

These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 426-A:6 for the inspection of farms engaged in covered activities including the growing, harvesting, packing, and holding of covered produce in accordance with the Food Safety…

These rules shall apply to any farm that engages in covered activities includinggrowing, harvesting, packing, and holding of covered produce that is a raw agriculture commodity pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112, Subpart A General Provisions. Notes …

As used in these rules, the following terms shall have the meanings indicated: (a) "Commissioner" means the commissioner of the department of agriculture, markets, and food of the state of New Hampshire; (b) "Covered activity" means "covered activity" as defined in 21 C.F.R. Part…

The owner or operator of a farm shall comply with 21 C.F.R. Part 112, 2016, "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption" of the Food and Drug Administration. Notes N.H. Admin. Code § Agr 3901.04 Derived fromVolume XXXIX Number 28,…

(a) The department shall conduct farm inspections pursuant to RSA 426-A:4. (b) Initial inspections shall be conducted: (1) On farms whose farming practices include covered activity as defined in 21 C.F.R. Part 112.3, 2016; (2) As the first regulatory inspection activity to evalua…

The owner or operator of a farm shall maintain records as stated in Subpart O-Records, in 21 C.F.R. Part 112, 2016, "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption" of the Food and Drug Administration. Notes N.H. Admin. Code § Agr 390…

The commissioner shall enforce the requirements of these rules when inspection findings cite non-compliances with any part of 21 C.F.R. Part 112, 2016, "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption" of the Food and Drug Administrati…

(a) Failure to comply with the requirements of 21 C.F.R. Part 112, shall result in issuance of written notice of non-compliance which includesthe following: (1) A description of each noncompliance; (2) The facts upon which the notification of noncompliance is based; and (3) The d…

(a) When the commissioner, or his agents, believe farm products are being distributed in violation of the rules, the commissioner or agent shall issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such farm products. (b) The farm product…

As used herein: (a) "Department" means the New Hampshire department of agriculture, markets, and food; (b) "Commissioner" means the commissioner of agriculture, markets, and food; (c) "Garbage" means waste consisting in whole or in part of animal waste, including any waste animal…

(a) All garbage, regardless of previous processing, shall before being fed to swine be heated throughout, on the premises of the farm where such garbage is to be fed to swine, to at least 212 degrees fahrenheit for 30 minutes. (b) As permitted in RSA 435:36, garbage may be treate…