435:1 Certificate.
435:2 Record.
435:3 Neglect to Furnish.
435:4 False Statement.
435:5 Colts Less Than 90 Days Old - [Repealed 2018, 170:2, I, eff. Jan. 1, 2019.]
435:6 Standardbred Breeders and Owners Development Agency Established. [Repealed]
435:7 Sire Stakes Program. [Repealed]
435:8 Powers and Duties of Board. [Repealed]
435:9 Sire Stakes Races. [Repealed]
435:10 Sire Stakes Fund. [Repealed]
435:11 Similar Animals.
435:12 Proper Care.
435:13 Proper Feeding.
435:14 Shelter Available.
435:15 Veterinarian Services and Probable Cause Determinations.
435:15-a Rulemaking.
435:16 Penalty.
435:17 Title.
435:18 Enforcing Official.
435:19 Definitions.
435:20 Registration.
435:21 Labeling.
435:22 Misbranding.
435:23 Adulteration.
435:24 Prohibited Acts.
435:25 Rulemaking.
435:26 Publication of Notice.
435:27 Inspection, Sampling and Analysis.
435:28 Detained Commercial Feeds.
435:29 Penalties.
435:30 Cooperation with Other Entities.
435:31 Publication of Information.
435:31-a Commission to Study Remote Sellers of Unregistered Animal Feed Products - 435:31-a Repealed by 2020, 37:101, eff. Nov. 1, 2021.
435:32 Definitions.
435:33 Permit.
435:34 Application.
435:35 Revocation.
435:36 Cooking or Other Treatment.
435:36-a Quarantine Required.
435:37 Inspection and Investigation; Maintenance of Records.
435:38 Cooperation with the Federal Government.
435:39 Enforcement; Rulemaking.
435:40 Penalties.
435:41 Sheep and Goat Identification.
435:1 Certificate.
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 certificate to be recorded by the commissioner of agriculture, markets, and food. He shall also post a copy of said certificate in a conspicuous location on the premises where the stallion is housed and shall give a copy of it to the keeper of each mare served by the stallion for hire.
HISTORY
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.
435:2 Record.
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.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:3 Neglect to Furnish.
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 a person to whom he has not given a copy of the certificate, unless he shows that the person had actual knowledge of the certificate at the time of the service.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:4 False Statement.
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.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:5 Colts Less Than 90 Days Old. - [Repealed 2018, 170:2, I, eff. Jan. 1, 2019.]
Former text:
I. It is unlawful for any person in this state to have in his possession an equine colt that is less than 90 days old that is not being nursed by its dam, unless the colt was born in this state, and its dam has died within this state before the colt became 90 days old.
II. It is unlawful for any person in this state to sell an equine colt that is less than 90 days old that is not being nursed by its dam.
III. If convicted of a violation of this section a person shall be guilty of a misdemeanor.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:6 Standardbred Breeders and Owners Development Agency Established.
[Repealed 1994, 108:1, I, eff. July 10, 1994.]
435:7 Sire Stakes Program.
[Repealed 1994, 108:1, II, eff. July 10, 1994.]
435:8 Powers and Duties of Board.
[Repealed 1994, 108:1, III, eff. July 10, 1994.]
435:9 Sire Stakes Races.
[Repealed 1994, 108:1, IV, eff. July 10, 1994.]
435:10 Sire Stakes Fund.
[Repealed 1994, 108:1, V, eff. July 10, 1994.]
435:11 Similar Animals.
The term “horse” as used in this subdivision shall include all members of the equine species.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:12 Proper Care.
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, mutilate or abandon any horse, or aid in such abuse, or permit any horse in his or her care to be subject to abuse of any kind.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985. 2003, 9:1, eff. April 22, 2003.
435:13 Proper Feeding.
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, and all food shall be clean and free from excessive moisture. All horses shall have available a sufficient quantity of fresh water to maintain hydration.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985. 2003, 9:1, eff. April 22, 2003.
435:14 Shelter Available.
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 sides from November 1 through April 15, shall be provided for horses kept in paddocks or pastures, and said horses shall not be kept tied but shall be able to move around freely.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985. 2003, 9:2, eff. April 22, 2003.
435:15 Veterinarian Services and Probable Cause Determinations.
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.
II. Pursuant to RSA 644:8, V, a veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered under the provisions of this subdivision.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985. 2003, 9:2, eff. April 22, 2003.
435:15-a Rulemaking.
The commissioner shall adopt rules, under RSA 541-A, relative to the care, shelter, and feeding of horses, and the enforcement of this subdivision.
HISTORY
Source. 2003, 9:3, eff. April 22, 2003.
435:16 Penalty.
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 given. Upon a third or subsequent offense, the horse shall be permanently seized. Whoever violates the provisions of this subdivision shall be guilty of a violation.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:17 Title.
This subdivision shall be known as the New Hampshire Commercial Feed Law of 1971.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:18 Enforcing Official.
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.
HISTORY
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.
435:19 Definitions.
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. “Distributor” means any person who distributes.
IV. “Commercial feed” means all materials, except unmixed seed, whole or processed, when not adulterated within the meaning of RSA 435:23, I, II, III, or IV which are distributed for use as feed or for mixing in feed; provided that the commissioner by rule may exempt from this definition, or from specific provisions of this subdivision, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials, and are not adulterated within the meaning of RSA 435:23, I, II, III, or IV.
V. “Feed ingredient” means each of the constituent materials making up a commercial feed.
VI. “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
VII. “Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure of any function of the animal body.
VIII. “Customer-formula feed” means commercial feed which consists of a mixture of commercial feeds or feed ingredients or both, each batch of which is manufactured according to the specific instructions of the final purchaser.
IX. “Manufacture” means to grind, mix or blend, or further process a commercial feed for distribution.
X. “Brand name” means any word, name, symbol, or device, or any combination of them, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
XI. “Product name” means the name of the commercial feed which identifies it as to kind, class or specific use.
XII. “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.
XIII. “Labeling” means all labels and other written, printed, or graphic matter (a) upon a commercial feed or any of its containers or wrappers or (b) accompanying such commercial feed.
XIV. “Ton” means a net weight of 2,000 pounds avoirdupois.
XV. “Percent” or “percentages” means percentages by weights.
XVI. “Official sample” means a sample of feed taken by the commissioner or his agent in accordance with the provisions of RSA 435:27, III, V and VI.
XVII. “Contract feeder” means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished, or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product.
XVIII. “Pet food” means any commercial feed prepared and distributed for consumption by pets.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:20 Registration.
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 person shall distribute in this state a commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this section. Applications for registration, accompanied by a $75 per-product registration fee, shall be submitted in a manner prescribed by the commissioner. Upon approval by the commissioner, a registration shall be issued to the applicant. All registrations shall expire on December 31 of each year.
III. The commissioner may refuse to register any commercial feed not in compliance with the provisions of this subdivision and to cancel any registration subsequently found not to be in compliance with any provision of this subdivision; provided that upon the refusal of registration, the $75 registration fee shall be returned to the applicant; and provided further that no registration shall be refused or cancelled unless the applicant or registrant has been given an opportunity to appear at a hearing before the commissioner and to amend his or her application in order to comply with the requirements of this subdivision.
IV. One-half of the fees collected under this section shall be deposited with the state treasurer into a separate, nonlapsing account to be known as the agricultural product and scale testing fund. The remainder of the fees collected under this section shall be deposited in the general fund, provided that for each biennium, the commissioner of agriculture, markets, and food shall include in the department's biennial request for appropriations pursuant to RSA 9:4 an amount sufficient to fund an adequate cost of care fund as provided in RSA 437-B:1.
<[Paragraph V repealed by 2021, 91:306, effective 2 years from certification that the animal records database is operational.]>
V. The commissioner shall transfer funds from the agricultural product and scale testing fund established under RSA 435:20, IV to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database. The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational. For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the agricultural product and scale testing fund to the animal records database fund for this purpose.
Credits
Source. 1985, 72:1. 1992, 289:48, 50. 1995, 130:4. 1999, 21:1, eff. July 1, 1999. 2005, 215:2, eff. July 1, 2005. 2020, 37:97, eff. July 1, 2020. 2021, 91:305, eff. July 1, 2021.
435:21 Labeling.
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 feed is distributed.
(c) The guaranteed analysis stated in such terms as the commissioner by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods such as the methods published by the Association of Official Analytical Chemists.
(d) The common or usual name of each ingredient used in the manufacture of the commercial feed; provided that the commissioner by rule may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers.
(e) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
(f) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the commissioner may require by rule as necessary for their safe and effective use.
(g) Such warning or caution statements as the commissioner by rule determines are necessary for the safe and effective use of the commercial feed.
II. In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
(a) Name and address of the manufacturer.
(b) Name and address of the purchaser.
(c) Date of delivery.
(d) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used.
(e) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the commissioner may require by rule as necessary for their safe and effective use.
(f) Such warning or caution statements as the commissioner by rule determines are necessary for the safe and effective use of the customer-formula feed.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:22 Misbranding.
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, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by rule by the commissioner.
V. If any word, statement, or other information required by or under authority of this subdivision to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:23 Adulteration.
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 this subparagraph if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or
(b) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug and Cosmetic Act (other than one which is (1) a pesticide chemical in or on a raw agricultural commodity; or (2) a food additive); or
(c) If it is a food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act; or
(d) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the Federal Food, Drug and Cosmetic Act; provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity, unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal which is unsafe within the meaning of section 408(a) of the Federal Food, Drug and Cosmetic Act.
II. If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor.
III. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
IV. If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing or packaging do not conform to current good manufacturing practice rules adopted by the commissioner to assure that the drug meets the requirement of this subdivision as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In adopting such rules, the commissioner shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in this state.
V. If it contains viable weed seeds in amounts exceeding the limits which the commissioner shall establish by rule.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:24 Prohibited Acts.
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 commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of RSA 435:23, I, II, III or IV.
IV. The removal or disposal of a commercial feed in violation of an order under RSA 435:28.
V. The failure or refusal to register in accordance with RSA 435:20.
VI. The violation of RSA 435:29, VI.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:25 Rulemaking.
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 by rule adopt, unless he determines that they are inconsistent with the provisions of this subdivision and are not appropriate to conditions which exist in this state, the following:
I. The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, and
II. Any regulation promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act (21 U.S.C. sec. 301 et seq.), provided that the commissioner would have the authority under this subdivision to adopt such regulations as rules.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
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 to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to adopt the proposed rule. The provisions of this section notwithstanding, if the commissioner, pursuant to the authority of this subdivision, adopts the official definitions of feed ingredients or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health and Human Services in the case of regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, shall be adopted automatically under this subdivision without regard to the publication of the notice required by this section unless the commissioner by order specifically determines that said amendment or modification shall not be adopted.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:27 Inspection, Sampling and Analysis.
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 appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (a) to enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (b) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice rules adopted under RSA 435:23, IV.
II. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
III. If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
IV. If the owner of any factory, warehouse or establishment described in paragraph I or his agent refuses to admit the commissioner or his agent to inspect in accordance with paragraphs I and II, the commissioner is authorized to obtain from any state court a warrant directing such owner or his agent to submit the premises described in such warrant to inspection.
V. For the purpose of the enforcement of this subdivision, the commissioner or his duly designated agent is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of commercial feeds.
VI. Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists, or in accordance with other generally recognized methods.
VII. The results of all analyses of official samples shall be forwarded by the commissioner to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicate a commercial feed has been adulterated or misbranded, and upon request within 30 days following receipt of the analysis, the commissioner shall furnish to the registrant a portion of the sample concerned.
VIII. The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in RSA 435:19, XVI and obtained and analyzed as provided for in paragraphs III, V and VI above.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:28 Detained Commercial Feeds.
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 “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when said provisions and rules have been complied with. If compliance is not obtained within 30 days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
II. Any lot of commercial feed not in compliance with said provisions and rules shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the commercial feed to be in violation of this subdivision and orders the condemnation of commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state; provided that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this subdivision.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:29 Penalties.
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 felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
HISTORY
Source. 1985, 72:1. 1991, 44:12, eff. Jan. 1, 1992.
435:30 Cooperation with Other Entities.
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.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:31 Publication of Information.
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 samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label; provided that the information concerning production and use of commercial feed shall not disclose the operations of any person.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:31-a Commission to Study Remote Sellers of Unregistered Animal Feed Products. - 435:31-a Repealed by 2020, 37:101, eff. Nov. 1, 2021.
<[RSA 435:31-a repealed by 2020, 37:101, effective November 1, 2021.]>
I. There is established a commission to study the identification of unregistered animal feed products being sold remotely in New Hampshire.
II. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives, 2 of whom shall be members of the ways and means committee and one of whom shall be a member of the environment and agriculture committee.
(b) The commissioner of the department of agriculture, markets, and food, or designee.
(c) The commissioner of the department of revenue administration, or designee.
(d) The attorney general, or designee.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall study the feasibility and criteria for setting up a system of identification of remote sellers into New Hampshire of unregistered products required to be registered under RSA 435:20 and the collection of registration fees due.
V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2020.
Credits
Source. 2020, 37:100, eff. July 29, 2020.
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 premises where such household is located.
II. “Person” means the state, any municipality, political subdivision, institution, public or private corporation, individual, partnership, or other entity.
III. “Commissioner” means the commissioner of agriculture, markets, and food.
HISTORY
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.
435:33 Permit.
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 garbage to swine which are raised for such person's own use, or slaughtered under permit issued by the commissioner or his agent.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:34 Application.
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 applicant shall pay to the state department of agriculture, markets, and food a permit fee in the sum of $10. All such fees shall be remitted to the state treasurer who shall place all moneys received to the credit of the state department of agriculture, markets, and food account for the purpose of carrying out the provisions of this subdivision.
HISTORY
Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.
435:35 Revocation.
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 veterinarian may revoke such permit or refuse to issue a permit to any applicant.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:36 Cooking or Other Treatment.
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 as being equally effective for the protection of public health.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:36-a Quarantine Required.
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.
HISTORY
Source. 1989, 326:1, eff. June 2, 1989.
435:37 Inspection and Investigation; Maintenance of Records.
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 as required by this subdivision.
II. Any authorized representative of the commissioner or the state veterinarian may examine any records or memoranda pertaining to the feeding of garbage to swine. The commissioner or the state veterinarian may require maintenance of records relating to the operation of equipment for any procedure of treating garbage to be fed to swine. Copies of such records shall be submitted to the commissioner or the state veterinarian on request.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:38 Cooperation with the Federal Government.
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 shall the indemnities paid by the state of New Hampshire exceed that paid by the United States Government, and in no case shall indemnity be paid by the state of New Hampshire for swine fed garbage that has not been treated as provided for in RSA 435:36.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:39 Enforcement; Rulemaking.
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.
HISTORY
Source. 1985, 72:1, eff. July 1, 1985.
435:40 Penalties.
I. Any person who violates any of the provisions of or who fails to perform any duty imposed by this subdivision, or who violates any rules adopted under it shall be guilty of a misdemeanor. In addition, such person may be enjoined from continuing such offense. Each day upon which such offense occurs shall constitute a separate offense.
II. In addition, any person who violates any of the provisions of this subdivision or any rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $5,000 for each violation.
HISTORY
Source. 1985, 72:1. 1989, 326:2, eff. June 2, 1989.
435:41 Sheep and Goat Identification.
I. Goats shall be officially identified upon change of ownership for all animals that are not in slaughter channels. To be considered as being in a slaughter channel, the goat shall be scheduled for a slaughter date which is not more than 2 weeks from the date of transfer of ownership.
II. Sheep less than 18 months of age shall be officially identified upon change of ownership for all animals that are not in slaughter channels. To be considered as being in a slaughter channel, the sheep shall be scheduled for a slaughter date which is not more than 2 weeks from the date of transfer of ownership.
III. Sheep 18 months of age or older shall be officially identified upon change of ownership for all animals regardless of whether or not they are being sold into slaughter channels. Official identification is required for all sheep over 18 months of age as evidenced by the eruption of the second incisor such that the animal may be traced to its flock of birth.
IV. The state veterinarian may adopt rules pursuant to RSA 541-A to clarify terms and to implement the requirements in this section, to add exemptions from specific provisions of this section, or to comply with requirements of the United States Department of Agriculture, Animal and Plant Health Inspection Service.
HISTORY
Source. 2006, 15:1, eff. May 22, 2006.