Title XL, Agriculture, Horticulture and Animal Husbandry

The commissioner shall collect a $96 annual registration and inspection fee for each product registered. The fees collected under this section shall be deposited with the state treasurer into the agricultural products regulatory fund established in RSA 435:20, IV. Moneys from the…

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…

I. Distribution of horticultural growing media planted with live plant material is exempt from the labeling and registration requirements imposed pursuant to this chapter. II. Distribution of horticultural growing media that is sold to consumers at the site of production and is n…

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…

The commissioner is authorized to revoke registrations of any person or to refuse to register horticultural growing media upon satisfactory evidence that the registrant or person has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of t…

The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of horticultural growing media and to hold at a designated place when the commissioner finds the horticultural growing media is being offered or exp…

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 …

The commissioner shall adopt under RSA 541-A such rules as are necessary to carry out the purposes of this subdivision.

Every person who offers for hire the service of a stallion for breeding purposes shall make a certificate stating the name, color, age, size and pedigree, so far as known, of the stallion, and the name and residence of the person by whom he was bred, and shall cause the certifica…

The term "horse" as used in this subdivision shall include all members of the equine species.

No person shall overdrive, overwork or overload a horse in his or her care. No person shall buy, sell or exchange any horse that is unfit to be used for riding, driving, draft or reproduction purposes, unless it is for rehabilitation or slaughter. No person shall torture, beat, m…

All horses shall receive roughage in proportion to their size, age, temperament and amount of work they are required to perform. Grain may also be required when roughage alone will not meet their daily nutritional requirements. All horses shall be fed on a regular daily schedule,…

Horses shall be provided either: I. An adequately ventilated, dry barn with stalls of sufficient size so that the horse is able to lie down, and shall be provided adequate and suitable exercise in arenas, barn yards, paddocks or pastures; or II. A roofed shelter, with at least 3 …

I. A probable cause determination for seizing horses pursuant to a cruelty investigation shall be made only by the state veterinarian or a veterinarian licensed under the provisions of RSA 332-B. No seizing or taking of horses shall be made without a probable cause determination.…

The commissioner shall adopt rules, under RSA 541-A, relative to the care, shelter, and feeding of horses, and the enforcement of this subdivision.

Any owner failing to comply with the provisions of this subdivision shall be notified as to the proper care of horses. Upon a second offense, the horse shall be seized and not returned until restitution for the expenses involved in the seizure is made and proof of proper care is …

This subdivision shall be known as the New Hampshire Commercial Feed Law of 1971.

This subdivision shall be administered by the commissioner of agriculture, markets, and food of the state of New Hampshire, hereinafter referred to as the commissioner.

In this subdivision: I. "Person" includes individual, partnership, corporation, and association. II. "Distribute" means to offer for sale, sell, exchange, or barter, commercial feed, or to supply, furnish, or otherwise provide commercial feed to a contract feeder. III. "Distribut…

It shall be the duty of the commissioner to record all such certificates offered for record in a book to be kept in his office for that purpose, upon tender of lawful fees therefor.

I. No person shall manufacture a commercial feed in this state unless he has filed with the department of agriculture, markets, and food, on forms provided by the department, his name and place of business and the location of each manufacturing facility in this state. II. No pers…

A commercial feed shall be labeled as follows: I. In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information: (a) The net weight. (b) The product name and the brand name, if any, under which the commercial fe…

A commercial feed shall be deemed to be misbranded: I. If its labeling is false or misleading in any particular. II. If it is distributed under the name of another commercial feed. III. If it is not labeled as required by RSA 435:21. IV. If it purports to be or is represented as …

A commercial feed shall be deemed to be adulterated: I. (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under …

The following acts and the causing thereof within the state are hereby prohibited: I. The manufacture or distribution of any commercial feed that is adulterated or misbranded. II. The adulteration or misbranding of any commercial feed. III. The distribution of agricultural commod…

The commissioner may adopt such rules for commercial feeds and pet foods as are specifically authorized in this subdivision and such other reasonable rules as may be necessary for the efficient enforcement of this subdivision. In the interest of uniformity, the commissioner shall…

Before the adoption of any rule authorized by this subdivision, the commissioner shall publish the proposed rule in a manner reasonably calculated to give interested parties, including all current registrants, adequate notice and shall afford all interested persons an opportunity…

I. For the purpose of enforcement of this subdivision, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the commissioner, upon presenting a…

I. When the commissioner or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this subdivision or of any rule adopted under this subdivision, he may issue and enforce a written or printed …

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 …

If any person who offers for hire the service of a stallion for breeding purposes neglects to make such certificate, or to have it recorded, he shall not be entitled to recover anything for the service of the stallion; neither shall he be entitled to recover for such service from…

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

The commissioner shall publish at least annually, in such form as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official sa…

In this subdivision: I. "Garbage" means waste consisting in whole or in part of animal waste, including any waste animal carcasses or offal from such carcasses or parts thereof, but excluding waste from ordinary household operations which is fed directly to swine on the same prem…

I. No person shall feed garbage to swine, without first securing a permit therefor from the commissioner or the state veterinarian. Such permits shall be renewed one year from the date issued. II. This subdivision shall not apply to any person who feeds only his own household gar…

Any person desiring to obtain a permit to feed garbage to swine shall make written application therefor to the commissioner or the state veterinarian in accordance with the requirements of said commissioner or state veterinarian. At the time of filing such application the applica…

Upon determination that any person having a permit issued under this subdivision, or who has applied for a permit under it, has violated or failed to comply with any of the provisions of this subdivision, or any of the rules adopted under it, the commissioner or the state veterin…

All garbage, regardless of previous processing, shall, before being fed to swine, be thoroughly heated to at least 212 degrees Fahrenheit for at least 30 minutes, unless treated in some other manner which shall be approved in writing by the commissioner or the state veterinarian …

Any person who violates RSA 435:36 by feeding raw garbage to swine, except as provided in RSA 435:33, II, shall be required to have such swine quarantined and tested, at his own expense, for brucellosis, pseudorabies, hog cholera and African swine fever.

I. Any authorized representative of the commissioner or the state veterinarian shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the treating of garbage to be fed to swine a…

Insofar as available funds will permit, the commissioner or the state veterinarian is authorized to cooperate with the United States Department of Agriculture, Bureau of Animal Industry as set forth in RSA 436:6 and may pay such indemnities as may be agreed upon, but in no case s…

The commissioner is hereby charged with administration and enforcement of the provisions of this subdivision, and is authorized to adopt and enforce all rules which he may deem necessary to carry out the purposes of this subdivision.

If any person knowingly and willfully makes a false statement in such certificate, or inserts in posters or notices advertising the stallion, or gives to the keeper of a mare served by the stallion, a false certificate, he shall be fined $100.