TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 428
POULTRY AND POULTRY PRODUCTS

Poultry Inspection

Section 428:1

    428:1 Applicability of Other Provisions. – The procedure for poultry inspection, as well as the rights and duties of those parties involved in such inspection, shall be substantially that prescribed by RSA 427, with the exception of RSA 427:1-a, provided that the applicability of said chapter shall be subject to any contrary provision contained in this chapter .

Source. 1985, 72:1. 2000, 142:2, eff. July 22, 2000.

Section 428:2

    428:2 Definitions. – As much as possible, all of the definitions in regard to procedures and rules for the buying, selling and handling of meat products, as provided under RSA 427:2, shall apply to the buying, selling and handling of poultry products under this subdivision. In addition, the following terms shall have the following meanings:
    I. The term ""Federal Poultry Products Inspection Act'' means the act so entitled, approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791).
    II. The term ""container'' or ""package'' includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
    III. The term ""poultry'' means any domesticated bird, whether alive or dead.
    IV. The term ""shipping container'' means any container used or intended for use in packaging the product packed in an immediate container.
    V. The term ""immediate container'' includes any consumer package, or any other container in which poultry products, not consumer packaged, are packed.
    VI. The term ""official establishment'' means any establishment, as determined by the commissioner, at which inspection of slaughter of poultry or the processing of poultry products is maintained under the authority of this subdivision.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:3

    428:3 Federal-State Cooperation. –
    I. The department of agriculture, markets, and food is hereby designated as the state agency which shall be responsible for cooperating with the Secretary of Agriculture of the United States under the provisions of section 5 of the Federal Poultry Products Inspection Act, and such agency is directed to cooperate with the Secretary of Agriculture of the United States in developing and administering the poultry products inspection program of this state under this subdivision to assure that no later than August 18, 1970, the state requirements will be at least equal to those imposed under sections 1-4, 6-10, and 12-22 of the Federal Poultry Products Inspection Act and in developing and administering the program of this state under this subdivision in such a manner as will effectuate the purposes of such subdivision and said federal act.
    II. In such cooperative efforts, the commissioner is authorized to accept from said secretary advisory assistance in planning and otherwise developing the state program; technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment; and financial and other aid for administration of such a program.

Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.

Section 428:4

    428:4 Intrastate Commercial Control. – In addition to the prohibitions provided by RSA 427:10, no person, firm, or corporation shall with respect to poultry, meat or meat products of any such animals:
    I. Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or from an official establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with rules adopted by the state veterinarian, except as may be authorized by rules of the commissioner;
    II. Use to his own advantage, or reveal to other than authorized representatives of the state or any other government, in their official capacity, or as ordered by a court in any judicial proceeding, any information acquired under the authority of this subdivision concerning any matter which is entitled to protection as a trade secret.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:5

    428:5 Exemptions and Exceptions. –
    I. In addition to the exemptions and exceptions enumerated in RSA 427:16, the state veterinarian shall, by rules adopted pursuant to RSA 541-A, and under such conditions, including requirements, as to sanitary standards, practices, and procedures as he may prescribe, exempt from specific provisions of this subdivision with respect to processing of poultry or poultry products solely for intrastate commerce and distribution of poultry products only in such commerce:
       (a) Retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made;
       (b) Persons slaughtering, processing, or otherwise handling poultry or poultry products which have been or are to be processed as required by reorganized religious dietary laws, to the extent that the state veterinarian determines necessary to avoid conflict with such requirements while still effectuating the purposes of this subdivision;
       (c) The slaughtering by any person of poultry of his own raising, and the processing by him and transportation of the poultry products exclusively for use by him and members of his household and his nonpaying guests and employees;
       (d) The custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation of the poultry products exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees, provided that such custom slaughterer does not engage in the business of buying or selling any poultry products capable of use as human food;
       (e) The slaughtering and processing of poultry products by any poultry producer on his own premises with respect to sound and healthy poultry raised on his premises and the distribution by any person of the poultry products derived from such operations, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean, and fit for human food when so distributed; and
       (f) The slaughtering of sound and healthy poultry or the processing of poultry products of such poultry by any poultry producer or other person for distribution by him directly to household consumers, restaurants, hotels, and boarding houses, for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean, and fit for human food when distributed by such processor.
    II. In addition to the specific exemptions authorized in paragraph I, the state veterinarian shall, when he determines that the protection of consumers from adulterated or misbranded poultry products will not be impaired by such action, provide by rules adopted pursuant to RSA 541-A, consistent with paragraph III, for the exemption of the operation and products of small enterprises (including poultry producers), not exempted under subparagraph I(a), which are engaged in slaughtering or cutting up poultry, or both, for distribution as carcasses or parts thereof solely for distribution within this state, from such provisions of this subdivision as he deems appropriate, while still protecting the public from adulterated or misbranded products, under such conditions, including sanitary requirements, as he shall prescribe to effectuate the purposes of this subdivision.
    III. The exemptions provided for in subparagraphs I(d) and (e) above shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in such subparagraphs. No exemption under subparagraphs I(d) and (e) or paragraph II shall apply to any poultry producer or other person who slaughters or processes the products of more than 5,000 turkeys or an equivalent number of poultry of all species in the current calendar year (4 birds of other species being deemed the equivalent of one turkey).
    IV. The provisions of this subdivision requiring inspection shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments, if no poultry or poultry products are processed at the establishment for distribution outside this state or otherwise subject to inspection under the Federal Poultry Products Inspection Act.
    V. The provisions of this subdivision shall not apply to poultry producers with respect to poultry of their own raising on their own farms if:
       (a) Such producers slaughter not more than 250 turkeys or not more than an equivalent number of birds of all species during the calendar year for which this exemption is being determined (4 birds of other species being deemed the equivalent of one turkey);
       (b) Such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms; and
       (c) Such poultry moves only in intrastate commerce.
    VI. The adulteration and misbranding provisions of this subdivision, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section, except as otherwise specified under paragraph I, II, or V.
    VII. The state veterinarian may by order suspend or terminate any exemption under paragraph I or II of this section with respect to any person whenever he finds that such action will aid in effectuating the purposes of this subdivision.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:6

    428:6 Entry of Materials into Official Establishment. – The state veterinarian may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this subdivision.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:7

    428:7 Application of Federal Poultry Products Inspection Act. – The requirements of this subdivision shall apply to persons, establishments, poultry, poultry products and other articles regulated under the Federal Poultry Products Inspection Act only to the extent provided for in section 23 of said federal act.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:8

    428:8 Costs of Inspection; Limitation. – The cost of inspection rendered under the requirements of this subdivision shall be borne by the state, except that the cost of overtime and holiday work performed in establishments subject to the provisions of this subdivision shall be at such rates as the commissioner of agriculture, markets, and food may determine, and shall be borne by such establishments. Such costs shall be collected by the commissioner. All employees of the department who are required to make inspections at any time after working 40 hours per week or after working 8 hours per day shall be paid at the rate of time and a half. Labor performed on Saturdays, Sundays and holidays shall also be compensated at the rate of time and a half. Costs collected by the commissioner for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2003, 202:2, eff. July 1, 2003.

Purchase and Sale of Poultry

Section 428:9

    428:9 License Required. –
    I. No person shall engage in the business of buying live poultry in this state, the meat or meat product of which is to be sold or used for food, from the owner thereof, as defined in this section, unless he has a license from the commissioner of agriculture, markets, and food. Licenses shall be issued in 2 forms:
       (a) An unlimited license to each person who shall furnish a bond with sufficient surety in an amount to be determined by the commissioner of agriculture, but not to exceed $50,000, payable to the state of New Hampshire and conditioned on the faithful performance of all legal obligations incurred in the buying and selling of live poultry, the meat or meat product of which is to be sold or used for food; such bond shall be held by the commissioner to satisfy any court judgment obtained or execution issued against any licensee because of failure to perform such legal obligation; and
       (b) A limited license which shall permit the licensee to do business on a United States currency, certified check, cashier's check or traveler's check basis only. Applications for licenses herein provided shall be made in such manner and upon such forms as the commissioner of agriculture shall prescribe.
    II. For purposes of this section, ""owner'' is defined as any person having title to live poultry during the periods of time in which such poultry is being grown to marketable size or being kept for egg production.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 428:10

    428:10 Suspension and Revocation. – Whenever the commissioner of agriculture, markets, and food has reasonable grounds to believe that a licensee has violated any of the provisions of this subdivision or any rule adopted hereunder, he may suspend the license of such licensee forthwith for a period not to exceed 30 days. Upon such suspension the commissioner of agriculture, markets, and food shall notify the licensee thereof and the grounds therefor, and shall set a time and place for hearing. If upon hearing it shall appear that such provisions or rules have been violated, said license shall be revoked; otherwise it shall be reinstated.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 428:11

    428:11 Expiration. – All licenses issued hereunder shall expire on March 31 of each year.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:12

    428:12 Identification. – The commissioner shall furnish to each licensee a permit for transportation of live poultry for each vehicle used for transporting live poultry in New Hampshire.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:13

    428:13 Transportation. – No licensee shall transport live poultry for food purposes without a permit from the department of agriculture, markets, and food which shall designate the vehicle used for such transportation.

Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.

Section 428:14

    428:14 Additional Vehicles. – Whenever any licensee shall acquire additional, or shall exchange, vehicles used in such transportation, he shall report the facts to the commissioner and pay the necessary fee.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:15

    428:15 Carrying Permit. – Every person operating a vehicle used in the business of buying or selling live poultry shall have the permit to engage in such business, or a certified copy thereof, in said vehicle in some easily accessible place.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:16

    428:16 Weighing. – Before any license or renewal thereof is issued under this subdivision, the applicant shall file with the commissioner a certificate from an inspector of weights and measures to the effect that the weights to be used in the business for buying and selling live poultry have been inspected and have been found correct or furnish the commissioner of agriculture, markets, and food with a declaration to the effect that all poultry purchased by him will be weighed on scales properly sealed by the department.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 428:17

    428:17 Fees. – The fee for each license issued under this subdivision shall be $20. The price for each permit shall be $15. The fees for transfer shall be $5.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:18

    428:18 Bill of Sale Required. – No person shall transport live poultry which he has obtained from another from place to place along any public highway unless he has in his possession a bill of sale or other memorandum signed by the vendor, owner, or agent of the same, and containing the address of such vendor or owner, the date of sale or other transaction involving the transfer of possession, the breed, weight, price, and approximate number of live poultry obtained.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:19

    428:19 Rules; Administration. –
    I. The commissioner of agriculture, markets, and food shall have general authority to administer this chapter and shall adopt such rules pursuant to RSA 541-A as are necessary to carry out its provisions.
    II. Administration of the licensing process required by this chapter shall be the responsibility of the division of animal industry within the department of agriculture, markets, and food as established by RSA 436:2.

Source. 1985, 72:1. 1995, 130:4, 5, eff. July 23, 1995.

Section 428:20

    428:20 Penalty. – Any person violating the provisions of this subdivision shall be guilty of a misdemeanor. Any person who buys live poultry, except from a person licensed under this subdivision or from a person who raised such live poultry or his agent, shall be guilty of a misdemeanor for each offense.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:21

    428:21 Disposal of License Fees and Penalties. – The commissioner of agriculture, markets, and food shall pay into the state treasury monthly all moneys received under the provisions of this subdivision. The state treasurer shall hold all moneys so received in a separate fund and shall pay out the same upon warrant of the governor and upon order of the commissioner for the purpose of paying the expenses of the administration of the subdivision.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Sale of Eggs

Section 428:22

    428:22 Definitions. – Terms used in this subdivision shall be construed as follows unless a different meaning is clearly apparent from the language or context:
    I. ""Person'' means any person, firm, partnership, corporation, or association.
    II. ""Retail'' means selling direct to a consumer.
    III. ""Candling'' means the common practice of examining the interior of an egg by holding and twirling the same before a bright light passing through an aperture in an opaque shield.
    IV. ""Eggs'' shall mean hens' eggs.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:23

    428:23 Sale as Fresh. – No person shall sell, offer, expose or advertise for sale, or exchange or distribute eggs as fresh eggs, strictly fresh eggs, native eggs, hennery eggs, nearby eggs, or new laid eggs, or under other words or descriptions of similar import, any eggs which are not fresh as defined in RSA 428:24.

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:24

    428:24 ""Fresh'' Defined. – No egg shall be deemed to be fresh which does not meet standards of New Hampshire extra grade for eggs, as established by the commissioner of agriculture, markets, and food under RSA 426:1, or modifications or amendments to said standards, the final determination of which shall be by candling.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 428:25

    428:25 Marking. – All fresh eggs for human consumption sold, offered, exposed or advertised for sale at retail, or wholesale, or exchanged or distributed at retail, or wholesale, within the state shall be plainly and conspicuously marked and identified with the word ""fresh.''

Source. 1985, 72:1, eff. July 1, 1985.

Section 428:26

    428:26 Size to be Marked. – The size of all eggs for human consumption which are sold, offered, exposed, or advertised for sale at retail, or wholesale, or exchanged or distributed at retail, or wholesale, within the state in bulk, or in open or closed packages or containers, shall be plainly and conspicuously marked and identified by such terms as the commissioner of agriculture, markets, and food may from time to time by rule prescribe.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 428:27

    428:27 Rulemaking; Assistants. – The commissioner of agriculture, markets, and food shall have general authority to administer this subdivision and shall adopt rules, pursuant to RSA 541-A, for carrying out its provisions. He may appoint agents to assist him and fix their salaries within the amount appropriated therefor, subject to the rules of the state personnel commission. He shall in person or by his deputy or agent have free access at all reasonable hours to any place, building, or vehicle in which eggs are sold, offered, or exposed for sale, or exchanged or distributed at retail, or wholesale. He shall also have power in person or by his deputy or agent to open any package or container, and may upon tendering the market price take such container and its contents or sample therefrom.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 428:28

    428:28 Hearings. – When the commissioner of agriculture, markets, and food learns of any violation of any of the provisions of this subdivision, he shall cause notice of such violations, together with the copy of his findings, to be given the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner under RSA 541-A.

Source. 1985, 72:1. 1991, 44:2. 1995, 130:5, eff. July 23, 1995.

Section 428:29

    428:29 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.

Source. 1985, 72:1. 1991, 44:3, eff. Jan. 1, 1992.

Section 428:29-a

    428:29-a Stop Sale, Use or Removal Orders. – When the commissioner or his authorized agent has reasonable cause to believe eggs are being distributed in violation of any of the provisions of this subdivision, or of any rules adopted under this subdivision, he may issue and serve a written ""stop sale, use or removal'' order upon the owner or custodian of any such eggs. The eggs shall not be sold, used or removed until the provisions of this subdivision have been complied with and the eggs have been released by the commissioner or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.

Source. 1985, 34:4, eff. June 8, 1985.

Section 428:30

    428:30 Interpretation. – Nothing in this subdivision shall be construed as interfering with the powers of the department of health and human services or with statutes relating to public health and sanitary inspection, production, and distribution of food.

Source. 1985, 72:1. 1995, 310:181, eff. Nov. 1, 1995.