Title XL, Agriculture, Horticulture and Animal Husbandry

No person in connection with the sale of plants or seeds shall use the term "certified" or any similar term which may tend to convey that the same have been certified under RSA 433:11, either orally or on tags, containers or labels or in advertising unless said plants or seeds ha…

The commissioner of agriculture, markets, and food is hereby authorized to adopt all necessary rules and to establish such fees as are necessary to carry out the provisions of this subdivision.

Any person, partnership, association or corporation, and any officer, agent, servant or employee thereof violating any of the provisions of this subdivision shall be guilty of a misdemeanor for each offense. If any such person, partnership, association or corporation shall be twi…

The term "certified seed potatoes" as used in this subdivision shall include potatoes (Solanum tuberosum) that have been inspected and tested by the commissioner of agriculture, markets, and food or his authorized agents and found to be reasonably free from disease and other defe…

Any grower of potatoes in New Hampshire may make application to the commissioner of agriculture, markets, and food for inspection and certification of his potato crop for seed purposes, under such rules as the commissioner may adopt. The commissioner of agriculture, markets, and …

No person, in connection with the sale of seed potatoes, shall use the term "certified" or any similar term which may tend to convey that the same has been certified under this subdivision, either orally or on tags, containers, or labels or in advertising unless said seed potatoe…

The commissioner of agriculture, markets, and food is hereby authorized to adopt all necessary rules to carry out the provisions of this subdivision.

Each container of agricultural, vegetable, and flower seeds which is sold, offered for sale, or exposed for sale, or transported within this state for sowing purposes shall bear on it or have attached to it in a conspicuous place a plainly written or printed label or tag in the E…

Any person, partnership, association or corporation, and any officer, agency, servant or employee thereof, violating any of the provisions of this subdivision shall be guilty of a misdemeanor for each offense. If any such person, partnership, association, or corporation shall be …

In this subdivision: I. "Certificate" means a document indicating that plant stock has been inspected and found to be apparently free from dangerous insects and plant diseases. II. "Certified stock" means nursery stock derived from a licensed nursery or certified by a nursery ins…

The commissioner shall adopt rules under RSA 541-A relative to: I. The issuing of orders under the provisions of this subdivision. II. The issuing of licenses as may be necessary. III. Establishing fees for certificates and licenses issued under this subdivision, as well as any p…

All nursery stock shipped into New Hampshire shall bear on each consignment or package a valid license or certificate number indicating that the contents of that consignment or package have been inspected by a duly authorized inspecting officer, and that the contents are apparent…

The department is authorized to cooperate, receive grants-in-aid, and enter into agreements with any individual, organization, or county, state or federal agency for the purpose of implementing the provisions of this subdivision. The department may also enforce any federal quaran…

The commissioner may establish reasonable fees pursuant to RSA 433:22, III.

The director may hire such nursery inspectors as he may deem necessary within his budgetary limitations.

Any person engaged in horticultural services shall be subject to regulation by the commissioner under this subdivision.

I. Woody-stemmed deciduous nursery stock shall have moist green cambium tissue in the stem or stems and branches, and shall have viable buds or normal green, rigid growth. Growth shall be sufficient to permit the stock to live and grow in a form characteristic of the species when…

A nursery inspector shall inspect any nursery as determined necessary by the director. Nurseries shall be accessible at reasonable times for inspection. Nursery inspectors shall verify that nursery stock requirements are in compliance with RSA 433:28.

A person, firm, or corporation may not engage in or continue in the business of selling nursery stock without first obtaining a license to conduct such business in the state. Licenses are non-transferable and each business shall possess a valid license for each business location.

Each container of tree and shrub seed which is sold, offered for sale, exposed for sale, or transported within this state for sowing purposes shall bear on it or have attached to it in a conspicuous place a plainly written or printed label or tag in the English language, giving t…

I. Only sound, healthy nursery stock, which will maintain its vigor, shall be offered for sale. The offering for sale of stock which is infected with diseases or infested with plant pests is a violation of this subdivision. Whenever the director has reason to believe that any nur…

If nursery stock is brought into the state without a certificate of inspection, or notification of licensure, the consignee shall return it to the consignor at the expense of the consignor, or shall call the director to inspect the nursery stock.

I. The following actions are prohibited: (a) Selling, distributing, receiving, or delivering nursery stock which has not been licensed or certified. (b) Using a nursery or plant dealer license after it has been revoked or suspended or has expired. (c) Offering any hindrance or re…

The commissioner, director, and nursery inspectors shall at all times have the right to enter any public or private grounds in the performance of any duty under this subdivision.

The commissioner may establish quarantines as specified in the law or under the rules to prevent dissemination of plant pests within the state. When any pests that have the potential to cause serious damage to agriculture are found in any geographic area, that area and any adjace…

The director may at any time suspend a license issued under the provisions of RSA 433:29-a if dangerous insect or plant disease pests are found upon the premises, either on the plants or in the soil, and shall not reinstate the license until such time as such pests have been supp…

Any person violating the provisions of this subdivision shall be prosecuted by the office of the attorney general.

It is unlawful for any person: I. To sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this state: (a) If subject to the germination requirements of RSA 433:2, unless otherwise provided in RSA 433:2, a…

Each person whose name appears on the label as handling agricultural, vegetable, flower, or tree and shrub seeds subject to this subdivision shall keep for a period of at least 2 years complete records of each lot of agricultural, vegetable, flower, or tree and shrub seed handled…

I. The provisions of RSA 433:2, 3 and 4 shall not apply to: (a) Seed or grain not intended for sowing purposes. (b) Seed in storage in, or being transported to or consigned to a cleaning or processing establishment for cleaning or processing, provided that the invoice or labeling…

I. The commissioner of agriculture, markets, and food shall administer and enforce this subdivision. The commissioner, through his authorized agents, shall: (a) Sample, inspect, make analysis of, and test seeds subject to the provisions of this subdivision that are transported, s…

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 display, distribution, growing, cultivation, harvesting, producti…

Any lot of seed 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 locality in which the seed is located. If the court finds the seed to be in violation of this subdivi…

When, in the performance of his duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subdivision or any rules adopted under this subdivision, the injuncti…

No person shall label agricultural, vegetable, flower, and tree and shrub seeds for planting purposes for distribution or sale in this state without first having obtained a seed labeling license. The license application shall be submitted on forms furnished by the commissioner an…

I. Any person who, by himself or by his 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 of a …