CHAPTER Agr 1600  POULTRY

 

Statutory Authority:  RSA 428:19 and RSA 436:24

 

PART Agr 1601  INTERSTATE MOVEMENT

 

Agr 1601.01  Definitions.

 

          (a)  "Directly" means no stops on any premises harboring poultry en route to the slaughtering establishment.

 

          (b)  "National Poultry Improvement Plan" (NPIP) means a cooperative federal-state-industry mechanism for controlling certain poultry diseases.

 

          (c)  "Poultry" means all chickens, ducks, geese, birds of prey, exhibition and game birds such as pheasant and quail, turkeys, pigeons, and all birds used for ornamental or show purposes and the hatching eggs thereof.

 

          (d)  "Sale'' means transfer of ownership of poultry from any person, firm, corporation, or other entity to any other person, firm, corporation, or entity.

 

          (e)  "Zoonotic disease" means a disease of animals or poultry that is communicable to people.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

          Agr 1601.02  Permit and Certificate of Veterinary Inspection.

 

          (a)  Poultry and hatching eggs brought, shipped or otherwise introduced in the state of New Hampshire by any person, individual or corporation shall be in compliance with Agr 2100, IMPORTATION OF BOVINES AND OTHER DOMESTIC ANIMALS INTO NEW HAMPSHIRE.

 

          (b)  All shipments of poultry or hatching eggs shall go directly from the consignor to the consignee.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

PART Agr 1602  INTRASTATE MOVEMENT

 

          Agr 1602.01  Intrastate Movement of Certain Poultry for Exhibition or Transfer Prohibited.

 

          (a)  Poultry intended for exhibition or sale may be moved intrastate except birds or eggs:

 

(1)  From flocks or hatcheries that have not been tested Pullorum and avian influenza free; or

 

(2)  That have any contagious or infectious disease in the flock.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

          Agr 1602.02  Intrastate Movement of Known Diseased Poultry.

 

          (a)  No poultry diagnosed with avian influenza, Pullorum, Laryngotracheitis, fowl cholera, or any other contagious or infectious diseases shall be exhibited or sold, in order to:

 

(1)  Prevent spread of disease to other poultry; and

 

(2)  Prevent the spread of zoonotic diseases.

 

          (b)  The crates or any other containers used to transport diseased birds, including the truck, shall be properly cleaned of all foreign matter and disinfected to ensure the elimination of all communicable and infectious diseases before being used again for the transportation of poultry.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

          Agr 1602.03  Penalties.  Nothing under these rules shall modify or limit in any way the powers and duties of the commissioner of agriculture, markets and food under RSA 428:20, 428:29, 436:29, 436:73 and 436:74.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

PART Agr 1603  PURCHASE, SALE AND TRANSPORTATION OF LIVE POULTRY TO BE USED FOR FOOD

 

          Agr 1603.01  Licenses.

 

          (a)  Every person, partnership, firm, or corporation engaged in the buying and selling, transporting, or both of live poultry, the meat or meat product of which is to be sold or used for food, shall obtain a license from the commissioner of agriculture, markets and food except when the transportation of live poultry is by the actual producer, by householders for immediate consumption, or by common carriers.

 

          (b)  All applications shall be filed on forms supplied by the commissioner of agriculture, markets and food.

 

          (c)  The applicant shall include the following on the license application form:

 

(1)  Name of person, partnership, firm, or corporation;

 

(2)  Street, city, and state;

 

(3)  If partnership, firm, or corporation, names and legal addresses of the officers or members;

 

(4)  Description of motor vehicles used in the business of buying, selling and/or transporting poultry including:

 

a.  Type and capacity of vehicle;

 

b.  Year and make of vehicle;

 

c.  Current year, registration number, and state; and

 

d.  Resident state poultry license number if not living in New Hampshire;

 

(5)  Total amount paid for live poultry purchased in New Hampshire during preceding calendar year;

 

(6)  Largest amount purchased in New Hampshire in any week in preceding calendar year; and

 

(7)  Signature of applicant.

 

          (d)  When an applicant carries his or her own scales, a certificate from the New Hampshire department of agriculture, markets and food, division of weights and measures or a licensed service technician attesting as to the accuracy of scales to be used in the business for buying and selling live poultry shall accompany the application.

 

          (e)  If the applicant does not own or carry scales on his vehicle, or vehicles, he shall file with his application a certification statement including the following:

 

(1)  Name of person, partnership, firm, or corporation;

 

(2)  Street, city, and state where the business is located; and

 

(3)  Signature of applicant certifying that all poultry purchased shall be weighed on scales properly inspected and sealed by the New Hampshire department of agriculture, markets and food, division of weights and measures or a licensed service technician.

 

          (f)  Out-of-state dealers shall first obtain a poultry license in their own state before a New Hampshire poultry license shall be issued.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

          Agr 1603.02  Application for License.

 

          (a)  Pursuant to RSA 428:17 the fees shall be:

 

(1)  $20 for each license;

 

(2)  $15 permit fee for each truck or tractor; and

 

(3)  $5 for each transfer of an existing permit to a new vehicle.

 

          (b)  The fees shall accompany each application before the license, permit, or transfer of a permit is issued.

 

          (c)  Pursuant to RSA 428:9, I, a cash buyer or limited licensee shall agree to pay for purchases of live poultry on a United States currency basis, or by certified, cashier's, or traveler's checks, at time of sale.

 

          (d)  A bonded buyer shall agree to allow inspection of sales slips at any time by the commissioner of agriculture, markets and food or his or her agent to verify the amount of purchases in New Hampshire as being the correct basis of the principal amount of the bond.

 

          (e)  The amount of bond shall be $10,000.

 

          (f)  A license shall be issued when the bond certificate is filed with the department of agriculture, markets and food.

 

          (g)  Licenses shall expire March 31 annually.

 

          (h)  License applications for renewal received beyond the March 31 deadline shall be subject to a $10 late fee.

 

          (i)  All application fees shall be made payable to the treasurer, State of New Hampshire.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

          Agr 1603.03  Record of Sales.

 

          (a)  Each person, partnership, firm or corporation licensed pursuant to Agr 1603 shall provide himself with a sales book made in duplicate per RSA 428:18.

 

          (b)  The record of all sales shall show the following information:

 

(1)  The name and address of the buyer;

 

(2)  The name and address of person from whom the live poultry is purchased;

 

(3)  The breed and type, such as fowl, cocks, pullets, cockerels, broilers, ducks, turkeys;

 

(4)  The weight and approximate number of live poultry purchased;

 

(5)  The amount paid for the poultry; and

 

(6)  The name of the person receiving the poultry.

 

          (c)  The bill of sale or memorandum shall be signed by the person from whom the poultry was purchased or by his agent.

 

          (d)  The sales slip shall be made in duplicate, and the copy shall be given to the seller.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

          Agr 1603.04  License May Be Revoked.

 

          (a)  A license shall be revoked if, after opportunity for a hearing, it is determined that a licensed poultry dealer has been:

 

(1)  Defrauding by short-weighing;

 

(2)  Paying by worthless checks;

 

(3)  Misrepresenting any material fact in the agreement to purchase poultry; or

 

(4)  Violating any parts of RSA 428:9-21.

 

Source.  #2171, eff 11-15-82; ss by #2857, eff 9-24-84, EXPIRED 9-24-90

 

New.  #5120, eff 4-25-91; ss by #6497, eff 4-23-97, EXPIRED: 4-23-05

 

New.  #8356, eff 5-24-05; ss by #12000, eff 10-15-16

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

 

 

Agr 1601.01

RSA 428:2

Agr 1601.02 - 1601.03

RSA 428:24

Agr 1602

RSA 428:4

Agr 1603.01 - 1603.02

RSA 428:9

Agr 1603.03

RSA 428:18

Agr 1603.04

RSA 428:10