Title XL, Agriculture, Horticulture and Animal Husbandry

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 …

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.

I. The district board or committee shall constitute a public body representative with perpetual succession and responsibilities in its name to: (a) Recommend lines of procedure, contracts, detailed abatement programs and related fiscal measures. (b) Recommend the acquisition by p…

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.

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 mosquit…

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 projec…

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 me…

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 th…

The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: Article I Findings The party states find that: (a)In the absence of the higher degree of cooperation among them possible…

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.

Pursuant to the provisions of Article IV(h) of the compact, copies of bylaws and amendments shall be filed with the secretary of state.

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 departm…

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 t…

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…

As used in this compact with reference to this state, the term "executive head" means the governor.

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 natur…

In this subdivision: I. "Active ingredient" means in the case of: (a) A pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests; (b) A plant regulator,…

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 propag…

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) Th…

The board shall: I. Establish policies and goals relative to the sale and use of pesticides. II. Hold hearings concerned with rulemaking where required by RSA 541-A:11. The board may, in its discretion, hold hearings, issue notices of hearings, and take testimony in situations wh…

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.

I. No person shall engage in the commercial application of pesticides or in the private application of restricted pesticides within this state without possessing a valid certificate of registration issued by the division. An annual application for a certificate of registration wi…

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 ap…

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 res…

I. No person shall act in the capacity of a pesticide dealer or shall engage in the business of, advertise as, or assume to act as a pesticide dealer unless he has obtained an annual license from the division, which shall expire on December 31 of each year. A license shall be req…

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 pe…

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 mak…

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 lab…

I. Provided the state is certified by the administrator of the United States Environmental Protection Agency, if required, to register pesticides to meet special local needs pursuant to section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, the divis…

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 th…

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…

I. It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (a) Any pesticide which…

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 provis…

Notwithstanding any other provisions of this subdivision, the division, or its duly authorized agents has the authority to enter upon any public or private premises at reasonable times for the purpose of determining compliance with this subdivision, rules adopted by the board pur…

I. Any person aggrieved by any order or decision of the division may appeal to the board for a review of such order or decision. II. The board may affirm, deny, or modify the order of the division of pesticide control. III. Rehearings and appeals from any decision of the board sh…

I. Any person who violates any of the provisions of this subdivision or rules of the board or an order issued under this subdivision or who falsifies any records required to be kept pursuant to this subdivision, or who obtains a certification or permit on the basis of a misrepres…

I. The following types of application of pesticides are exempt from the requirements of RSA 430:33: (a) While engaged in research or experimental work for or under the direction of the state department of agriculture, markets, and food, United States Department of Agriculture or …

The division is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this subdivision …

Nothing in this subdivision modifies or limits in any way the powers and duties of the commissioner of agriculture, markets, and food under RSA 430:1-8, of the department of environmental services under RSA 485, 485-A, 487 and RSA 486; of the department of health and human servic…

I. Administration and enforcement of this subdivision shall be implemented in an equitable manner throughout the state. This subdivision is of statewide concern and occupies the whole field of regulation regarding the registration, sale, transportation, or use of pesticides to th…

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.

I. The commissioner of the department of agriculture, markets, and food shall establish an integrated pest management program. "Integrated pest management" means a sustainable approach to managing pests by combining the use of biological, cultural, physical, and chemical tactics …

The purpose of this subdivision is to recognize the adverse environmental and economic effects of invasive plant, insect, and fungal species upon the state; to establish the means by which the state shall address and minimize such adverse effects; to promote research and educatio…

In this subdivision: I. "Alien species" means 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 ecosystem. II. "Commissioner" means th…

I. The commissioner shall conduct research and educational activities which address the environmental and economic effects of invasive species upon the state. The commissioner shall solicit support for and participation by other state and federal government entities, the Universi…

I. The invasive species committee is hereby established to advise the commissioner on matters relating to invasive species in the state. It shall consist of the following 11 members: (a) The state entomologist. (b) The commissioner of environmental services, or designee. (c) The …