Title XL, Agriculture, Horticulture and Animal Husbandry

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.

When used in this subdivision, the following terms shall have the following meanings: I. "Soil Conservation and Domestic Allotment Act" means the Soil Conservation and Domestic Allotment Act enacted by the Congress of the United States, as amended. II. "Secretary of Agriculture" …

There is hereby established to serve as an agency of the state a conservation committee, which shall consist of 12 members: the director of the university of New Hampshire cooperative extension, or designee; the director of the state agricultural experiment station, or designee; …

The state conservation committee shall: I. Offer assistance to the supervisors of districts in formulating and carrying out any of their programs. II. Keep the supervisors of each district informed of the activities of all other districts and facilitate an interchange of advice, …

There are hereby established, as governmental subdivisions of this state and public bodies corporate and politic, 10 conservation districts as follows: (1) each of the 10 counties within the state is hereby incorporated into a conservation district; (2) each of the 10 districts s…

The governing body of the district shall consist of 5 supervisors appointed by the state conservation committee, who shall be land occupiers in the district. Associate supervisors, who shall be land occupiers in the district, shall be appointed by the governing body as deemed nec…

The supervisors of each district shall designate a chairman and may from time to time change their chairman. The term of office of each supervisor shall be 3 years, excepting that for those first appointed there shall be one for one year, 2 for 2 years, and 2 for 3 years. A super…

The supervisors may employ such employees as they may require and shall determine their qualifications, duties and compensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents or employees, such powers and duties as they may d…

A conservation district organized under the provisions of this subdivision, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this subdivision: I. To conduct surveys, investigations and research relating to the charac…

Insofar as any of the provisions of this subdivision are inconsistent with the provisions of any other law, the provisions of this subdivision shall be controlling.

In this subdivision: I. "Agricultural land development rights" means the rights of the fee simple owner of agricultural land to construct on, sell, lease or otherwise improve the agricultural land for uses that result in rendering such land no longer suitable for agricultural use…

I. There is hereby established an agricultural lands preservation committee which shall function within the department of agriculture, markets, and food. II. The committee shall consist of 9 voting members and 2 nonvoting members, to be appointed as follows: (a) The commissioner …

In order to carry out the purposes of the Soil Conservation and Domestic Allotment Act enacted by the Congress of the United States, the department of agriculture, markets, and food of the state of New Hampshire is hereby designated as the agency of the state of New Hampshire to …

I. The committee shall evaluate and accept or reject sites proposed by a landowner pursuant to RSA 432:22. The committee shall consider in their evaluation, at a minimum, the following: (a) The degree to which the acquisition would serve to preserve the agricultural potential of …

The commissioner shall, with the advice and consent of the committee, and in accordance with RSA 541-A: I. [Repealed.] II. Adopt rules relative to criteria to define and classify agricultural lands. III. Adopt rules relative to procedures for the purchasing of agricultural land d…

I. Acquisition of agricultural land development rights shall be conducted in cooperation with a landowner upon review pursuant to this section. Any proposal for designating a site as an agricultural preservation restriction area or a site for an agricultural restricted grant shal…

Land designated as an agricultural preservation site and utilized for agricultural production shall be assessed for general property tax purposes at values no greater than those determined to be the fair market value for such land as determined by the current use board establishe…

I. Agricultural preservation restrictions shall be in perpetuity except as released pursuant to this section and RSA 432:25 and as may be further set forth in the terms of the deed. Agricultural restricted grants shall run in accordance with the agreement between a landowner and …

I. Development rights of agricultural lands may be acquired by any governmental body or charitable corporation or trust which has the authority to acquire interests in land. The restrictions arising from the acquisition of the development rights may be enforced by injunction or o…

Prior to action by a governmental body to acquire the development rights or release or approve the agricultural preservation restriction, the body shall consider the public interest in such agricultural preservation, any national, state, regional or local program in furtherance t…

I. Acquisition of the developmental rights or release of the preservation restrictions on agricultural land shall be evidenced by certificates issued by the commissioner and shall be recorded pursuant to RSA 477:3-a in the appropriate registry of deeds by the commissioner. Record…

Any prior right, easement, privilege, restriction or condition relative to a designated site which then becomes subject to an agricultural preservation restriction shall remain enforceable. The restriction shall be subject to the prior covenants except upon the express release of…

I. Any powers granted by general or special law to acquire land for public uses by purchase, gift or eminent domain shall not be diminished; provided that alternative land areas are considered. II. Public utility companies may obtain easements by eminent domain on sites designate…

The department is hereby authorized, empowered and directed to formulate and submit to the Secretary of Agriculture, in conformity with the provisions of said Soil Conservation and Domestic Allotment Act , a state plan for each year. It shall be the purpose of each such plan and …

There is established a separate account to which shall be credited all funds appropriated or acquired to provide financial and technical assistance associated with this subdivision. This shall be a nonlapsing account, and funds in said account are hereby appropriated for the purp…

The committee is authorized to apply for and accept public or private grants, gifts, or donations of any kind and to use and dispose of money, services and property received from such contributions for the purposes of this subdivision.

The purchase of any agricultural land preservation restrictions or development rights in the name of the state of New Hampshire or their release, in whole or in part, by the state pursuant to the provisions of this subdivision shall be approved by governor and council.

"Agricultural operation" when used in this subdivision includes any farm, agricultural or farming activity as defined in RSA 21:34-a.