Title XL, Agriculture, Horticulture and Animal Husbandry

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 …

I. The commissioner of agriculture, markets, and food shall adopt rules, in accordance with RSA 541-A, for carrying out provisions of this subdivision. For the purpose of inspecting for, or eradicating prohibited species, the commissioner shall, in person or by deputy or agent, h…

When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commis…

I. Any person who is convicted of violating 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 felony if any other per…

I. There is established an upland invasive species program in the department which shall address invasive species infestations. The program shall be administered by an upland invasive species program coordinator. This position shall be a classified position and the coordinator sh…

For the purposes of this subdivision, the commissioner and the state entomologist may require the owner of any parcel of land which is infested with any destructive insect pest or plant disease to take such measures as, in their judgment, are reasonable and proper, up to a cost n…

The amounts to be assessed upon private property shall be assessed and collected like ordinary taxes at the next general tax assessment following their expenditure, and shall be a lien on said land, including buildings and improvements thereon, in the same manner and with the sam…

Nothing in the subdivision shall be construed to affect the provisions of RSA 227-K relating to the control of forest insect and disease infestations.

For the purpose of preserving and promoting the public health and welfare by providing for the control of mosquitos and other arthropods of public health and welfare significance (hereinafter referred to as mosquitos), the creation of mosquito control districts is hereby authoriz…

This subdivision shall be known as the New Hampshire Fertilizer Law.

"Soil and plant additives" means substances added to soils or applied to plants to improve soil nutrient content, soil structure, soil biological activity, nutrient accessibility to plants, plant microbiome characteristics, and plant uptake of nutrients, including soil applied an…

No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if: I. Its labeling is false or misleading in any particular. II. It is distributed under the name of another fertilizer product. III. It is not labeled as required in RSA 431:5 and in…

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: I. It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or wate…

The commissioner shall publish in such forms as the commissioner deems proper: I. Information concerning the distribution of fertilizers. II. Results of analyses based on official samples of fertilizer distributed within the state as compared with the analyses guaranteed under RS…

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…