Title XL, Agriculture, Horticulture and Animal Husbandry

For the enforcement of this subdivision, the commissioner shall adopt under RSA 541-A, after public hearing, such rules relating to investigational allowances, definitions, records, distribution, storage, use, and application of fertilizers and plant biostimulants as may be neces…

If any fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the fertilizer shall within 30 days after official notice from the commissioner submit to the consumer a penalty payment of 4 times the value of the actual sh…

The commissioner may cancel the registration of any brand of fertilizer or may refuse to register any brand of fertilizer as provided in this subdivision, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or the attempted eva…

The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner of any lot of fertilizer and hold such fertilizer at a designated place when the commissioner finds the fertilizer is being offered or exposed for sale in violation of any …

Any lot of fertilizer not in compliance with the provisions of this subdivision shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the fertilizer is located. In the event the court finds the fertilizer to be in v…

I. Any person who, personally or through an agent, violates any provision of this subdivision or rule adopted under this subdivision 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 …

The commissioner may cooperate with and enter into agreement with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose of this subdivision.

This subdivision shall be administered by the commissioner of agriculture, markets, and food.

Nothing in this subdivision shall be construed to restrict or avoid sale or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of fertilizer to manufacture…

This subdivision shall be known as the "New Hampshire Agricultural Liming Materials Act."

This subdivision shall be administered by the commissioner of agriculture, markets, and food.

In this subdivision: I. "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity. II. "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesiu…

I. Agricultural liming materials sold, offered, or exposed for sale in the state shall have affixed to the outside of each package in a conspicuous manner, a plainly printed, stamped, or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, sett…

I. No agricultural liming material shall be sold or offered for sale in this state unless it complies with the provisions of this subdivision and rules pertaining to this subdivision. II. No agricultural liming material shall be sold or offered for sale in this state which contai…

I. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished or approved by the commissioner and shall be accompanied by a fee of $100 per product. The…

I. Within 30 days following the expiration of registration, each registrant shall submit, on a form approved by the commissioner, an annual statement setting forth the number of net tons of each agricultural liming material sold by such registrant for use in the state during the …

I. It shall be the duty of the commissioner, who may act through an authorized agent, to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the commissioner deems necessary to determine whether such agricultural liming mater…

In this subdivision: I. "Available nitrogen" means water soluble nitrogen in either ammoniacal, urea, or nitrate form that does not have either slow or controlled release properties. II. "Available phosphate" means the sum of the water soluble and the citrate soluble phosphate. I…

The commissioner may issue and enforce a written or printed "stop sale, or use or removal" order to the owner or custodian of any lot of agricultural liming material and hold such material at a designated place when the commissioner finds the agricultural liming material is being…

I. Any person who, individually or through a 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 …

The commissioner shall adopt rules under RSA 541-A necessary to the proper enforcement and administration of this subdivision.

In this subdivision: I. "Agricultural compost" means mixtures of decomposing organic matter, that may include manure, stored and managed on farms and used to condition and fertilize soils used for production of agricultural crops. II. "Commercial fertilizer" means any substance c…

In consultation with the agricultural advisory board, the commissioner of environmental services, the United States Natural Resources Conservation Service, the New Hampshire agricultural experiment station, the university of New Hampshire cooperative extension, and other appropri…

I. The commissioner shall investigate complaints of improper handling of manure, agricultural compost, and commercial fertilizer, including, but not limited to, complaints of improper storage and spreading. If the commissioner is able to identify the source of the improper handli…

I. The commissioner of the department of agriculture, markets, and food shall establish an agricultural nutrient management program. The program shall assist agricultural land and livestock owners with efforts to minimize potential adverse effects on waters of the state resulting…

Any person engaged in the practice of farming shall be immune from suit and civil liability for any damages resulting from claims based on harms caused by per and poly fluorinated alkyl substances present in soil, water, or agricultural products as a result of standard agricultur…

I. Each brand and grade of fertilizer shall be registered in the name of that person whose name appears upon the label before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished by the commissioner and shall…

I. No turf fertilizer sold at retail shall exceed an application rate of 0.7 pounds per 1,000 square feet of soluble nitrogen per application. II. No turf fertilizer sold at retail shall exceed an application rate of 0.9 pounds per 1,000 square feet of total nitrogen per applicat…

I. No no-phosphate fertilizer sold at retail for use on turf shall have an available phosphate level in excess of 0.5 percent. II. No turf fertilizer sold at retail that is intended for use on newly established or repaired lawns, or for lawns testing deficient in phosphorus shall…

Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by…

I. The provisions of this paragraph relative to the application of fertilizer to urban turf and lawn shall not apply to golf courses and sod farms operating in accordance with best management practices for chemical fertilizers published by the department. II. Only fertilizer prod…

I. If a retailer sells or offers for sale fertilizer to consumers, the retailer shall post in all retail locations where fertilizer is accessible to the consumer a clearly visible turf-information sign as designed by the department that is at least 8.5 inches by 11 inches in size…

I. Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (a) Net weight. (b) Brand and grade, provided that the grade shall not be required w…

I. There shall be paid to the commissioner for all fertilizers distributed in this state to nonregistrants an inspection fee of at least $0.37 on each ton of fertilizer sold with a minimum fee of at least $9 as prescribed by the commissioner by rules; provided, that sales or exch…

I. It shall be the duty of the commissioner to sample, inspect, make analyses of, and test fertilizers distributed within this state at any time and place and to such an extent as the commissioner may deem necessary to determine whether such fertilizers are in compliance with the…

I. When the official analysis under RSA 431:7 shall show that a fertilizer is deficient in nitrogen, available phosphate, and/or soluble potash in accordance with the provisions of subparagraphs (a) and (b), then a penalty payment of 3 times the value of such deficiency shall be …

For the purpose of determining the commercial value to be applied under the provisions of RSA 431:8, the commissioner shall determine the value of the deficient lot based on the invoiced price.