Title XL, Agriculture, Horticulture and Animal Husbandry

Whenever animals have been quarantined as herein provided, the commissioner, within a reasonable time, shall cause a physical examination of such animals to be made. If, on such physical examination, he deems it necessary, he may apply the tuberculin or any other approved test. H…

The commissioner shall, within its biennial report pursuant to RSA 20:7, submit a written report to the governor and council, stating in detail the work done during the preceding 2 years.

If the veterinarian authorized by the commissioner to examine or test an animal for the presence of an infectious or contagious disease certifies to the commissioner in writing that he has made an examination or test in accordance with the rules adopted by the commissioner, that …

The cost of examination or test in such cases and the expenses of the commissioner or his agents shall be borne by the state.

The owner of cattle, horses, asses, mules, sheep or swine may apply to the commissioner for an examination of his animals for tuberculosis, brucellosis or glanders, subject to the provisions of this subdivision.

The application shall be upon a blank form provided by the commissioner, and shall include an agreement on the part of the owner of such animals to improve faulty sanitary conditions, to disinfect his premises if diseased animals should be found, to follow directions of the commi…

As soon as possible after receipt of an application, the commissioner or some competent veterinarian in his employ shall make a thorough physical examination of such animals, and may subject them to the tuberculin, mallein or other approved test, and if any of the animals react t…

The cost of examination or test shall be borne by the state; but if the owner, after signing the above agreement, shall knowingly fail to carry out its terms, he shall forfeit any indemnity to which he would otherwise be entitled for any animals found to be infected.

The commissioner shall make such tests for tuberculosis and brucellosis from time to time as he sees fit at the expense of the state. If any suspects shall show as the result of such tests he shall quarantine said animals or the herd premises or both; further, should any reactors…

Upon application of any owner of bovine animals, the state may vaccinate said bovine animals against brucellosis (Bang's disease) with strain 19 or other approved vaccine. The age at which animals are to be vaccinated shall be determined by the state veterinarian, based upon the …

The commissioner of agriculture, markets, and food may grant permission to adult-vaccinate under this alternate plan a herd seriously infected with brucellosis. If an owner is refused permission to adult-vaccinate his herd, he may appeal to the county approval board. A request to…

Notwithstanding any provisions of law to the contrary, milk from such herds that adopt this alternate plan, including milk from such reactors, may be sold to consumers, but only after being pasteurized.

The commissioner may, with such funds as may be available for the purpose, employ such clerical, veterinary and other assistance as he may deem necessary for the proper performance of his duties and the fulfillment of the purpose of this chapter, and may adopt rules under RSA 541…

All private tuberculin or other approved tests shall be reported to the commissioner by the person making the test within 5 days from the time said test is completed.

The report shall include, when the test is made by the subcutaneous method, a complete temperature record and such other information as the commissioner may require, and, when said test is made by either the intradermal or ophthalmic methods, a complete record of such reaction or…

If such tests are made by a veterinarian approved by the commissioner to make the same and any reactors are found, they shall be subject to the provisions of RSA 436:42-49.

Whoever fails to report such tests shall be fined not more than $100.

The carcass of every animal duly condemned for bovine tuberculosis and slaughtered under the provisions of this chapter shall be examined by a veterinarian or physician designated by the commissioner for the purpose of determining whether or not disease existed in such animal. Su…

The value of all animals directed to be killed by order of the commissioner or his agent shall be first appraised by the owner and the commissioner or his agent. In the event of a disagreement as to the amount of the appraisal, they shall select a third disinterested person to ac…

In making such appraisals, the fact that the animals have been condemned for disease shall not be considered, and the animals shall be appraised for their true market value.

In no case shall compensation be allowed for any animals destroyed which may have contracted or been exposed to such disease in a foreign country, or on the high seas, or which have been brought or shipped into this state within 3 months previous to showing evidence of such disea…

No compensation shall be allowed to any owner who in person or by his agent knowingly and willfully conceals the existence of such disease or the fact of exposure to it in animals of which the person making such concealment, by himself or his agent, is in whole or part owner, nor…

In case the animal condemned is registered, the owner shall furnish to the commissioner a certificate of registration before the claim is paid.

The commissioner is authorized to accept, on behalf of the state, the rules and regulations prepared by the Secretary of Agriculture under and in pursuance of section 3 of an act of Congress approved May 29, 1884, entitled "An act for the establishment of a bureau of animal indus…

Information submitted by an individual or business for the purpose of participating in a state or national animal health or disease control system is exempt from disclosure. Disclosure to local, state, and federal officials is not public disclosure. This exemption does not affect…

The state shall pay the owner after he has filed such certificate or certificates as the commissioner may direct an amount not to exceed $100 for a grade animal and $200 for a purebred registered animal on all horses and bovine animals condemned and killed, provided that the amou…

If the total amount to be paid from all such sources should exceed the appraisal value, the indemnity to be paid by the state shall be only the difference between the amount received from such sources other than the state and said value.

Under rules adopted by the commissioner and approved by the department of health and human services, registered purebred bovines which have responded to the tuberculin or other approved test, but which show no marked indications of tuberculosis, may be retained by the owner in qu…

Such animals may be condemned and killed at any time by the commissioner when, in his judgment, conditions require such action.

In case such animals quarantined under the provisions of this subdivision are at any time condemned or killed after having been used for breeding purposes, the owner shall not receive compensation therefor from the state.

The milk of such animals may, with the approval of the commissioner, be used after boiling or heating to a temperature of 212 degrees Fahrenheit or after proper pasteurization.

The offspring of such animals shall be removed and kept apart immediately following birth, and shall be tested by tuberculin or other approved test, at a period not less than 6 months nor more than 9 months from birth.

The premises on which such animals are kept shall be at all times subject to inspection by the commissioner or his agent or by the department of health and human services.

If no marked physical indications of tuberculosis have developed, such animals may be sold for immediate slaughter in any slaughterhouse under rules adopted pursuant to RSA 541-A by the commissioner of the department of health and human services, or in accordance with rules and r…

Whenever a bovine is tested with the tuberculin or other approved test, under any of the provisions of this chapter, and passes the test satisfactorily to the commissioner or his agent, such animal, except purebred registered cattle, shall have a numbered tag placed in its ear, u…

The commissioner of agriculture, markets, and food shall, with the approval of the governor and council, appoint a graduate of a veterinary college of recognized standing, who shall have had at least 5 years' experience in the practice of veterinary medicine, including large anim…

Any bovine in which tuberculosis or brucellosis is diagnosed by the commissioner or his agent on physical examination, or by means of the tuberculin or brucellosis test, which is not immediately slaughtered under the supervision of the commissioner or his agent, shall be marked b…

Tags for such purposes shall be furnished by the commissioner, at the expense of the state.

The commissioner shall keep a complete record of all tags so issued. In the case of reacting bovines, he shall also keep a complete description of said animals.

I. Whoever intentionally removes or defaces any tag so inserted, without the consent of the commissioner or his agent, or exhibits or displays any certificate that a specifically named herd has been found to be in a healthy condition and free from reactors, unless the certificate…

I. Any person who, knowing or having reason to believe that any horse is infected with glanders, or that any swine is infected with hog cholera, or that any domestic animal is infected with anthrax or black leg, hemorrhagic septicemia, contagious infectious abortion, or any other…

No animal showing physical evidence of tuberculosis or brucellosis, or in which such disease shall have been indicated as a result of the tuberculin or other approved test, shall be sold other than for immediate slaughter, said slaughtering to be ordered by and under the supervis…

No such animal shall be removed except for immediate slaughter from the premises where examined, except upon the written permission of the commissioner.

Any person who kills a bovine, sheep or swine, or causes any such animal to be killed, knowing or having reason to believe at the time of said killing, or upon the inspection of the carcass thereof finding, or having reason to believe, that it is infected with a contagious or inf…

The provisions of RSA 436:77 shall not apply when said killing was done under the supervision of the commissioner or his agent, or an inspector of said board of health or an inspector of the United States Department of Agriculture.

Any person who shall fail or neglect to send notifications as provided by RSA 436:77 shall be guilty of a misdemeanor.