CHAPTER Agr
1900 LIVESTOCK DEALER LICENSING
Statutory
Authority: RSA 427:44
PART
Agr 1901 PURPOSE
Agr 1901.01 Purpose. These rules establish standards for the
regulation of animal health and welfare that are consistent with the pattern
established in statute by the Legislature. Animal health regulation focuses on
those conditions that pose a threat to public health, that would require
regulatory intervention to protect the economy of the state, or both.
Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82;
amd by #2342, eff 4-21-83; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
New. #4957, eff 10-19-90; ss by #6272, eff
6-25-96, EXPIRED: 6-25-04
New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07;
ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18;
ss by #12555, eff 6-21-18
PART Agr 1902 DEFINITIONS
Agr 1902.01 "Accredited veterinarian" means a
licensed veterinarian approved by the United States Department of Agriculture
(USDA) Animal and Plant Health Inspection Service (APHIS) administrator and the
state animal health official to perform duties as outlined in 9 C.F.R. Part
161.
Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82;
ss by #2860, eff 9-24-84, EXPIRED 9-24-90
New. #4957, eff 10-19-90; ss by #6272, eff
6-25-96, EXPIRED: 6-25-04
New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07;
ss by #8912, eff 6-20-97, EXPIRED: 6-20-15
New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18;
ss by #12555, eff 6-21-18
Agr 1902.02 “Commissioner” means the New Hampshire
commissioner of agriculture, markets & food.
Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82;
ss by #2860, eff 9-24-84, EXPIRED 9-24-90
New. #4957, eff 10-19-90; ss by #6272, eff
6-25-96, EXPIRED: 6-25-04
New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07;
ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18;
ss by #12555, eff 6-21-18 (formerly Agr 1901.02)
Agr
1902.03 “Official identification” means
any state required, pursuant to RSA 427:41, IV-V, or federally required,
pursuant to 9 C.F.R. Part 86.1-86.4, unique and permanent method of
identification that specifically identifies individual animals in accordance
with one of the systems outlined in Table 1 of USDA’s Animal Disease Traceability
General Standard. Official identification includes but is not limited to ear
tags, brands, bands, tattoos, microchips, and, for dogs, cats, and equines,
physical description of both natural and acquired markings unique to an
individual animal.
Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82;
amd by #2342, eff 4-21-83; ss by #2860, eff 9-24-84, EXPIRED 9-24-90
New. #4957, eff 10-19-90; ss by #6272, eff
6-25-96, EXPIRED: 6-25-04
New. #8143, eff 8-24-04; ss by #8912, eff 6-20-07,
EXPIRED: 6-20-15
New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18;
ss by #12555, eff 6-21-18
PART Agr 1903 ISSUANCE,
REFUSAL TO ISSUE, AND REVOCATION OF LICENSES
Agr 1903.01 Obtaining Application. Persons desiring a license to deal in
livestock may obtain an application from the:
New Hampshire Department of Agriculture, Markets & Food
Animal Industry Division
PO Box 2042
Concord, NH 03302-2042
Source.. #1708, eff 4-3-81; ss by #2175, eff 11-30-82;
ss by #2860, eff 9-24-84, EXPIRED 9-24-90
New. #4957, eff 10-19-90; ss by #6272, eff
6-25-96, EXPIRED: 6-25-04
New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07;
ss by #8912, eff 6-20-07, EXPIRED: 6-20-15
New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18;
ss by #12555, eff 6-21-18 (formerly Ag1902.01)
Agr 1903.02 Filing Application. Applications shall be filed with the:
New Hampshire Department of Agriculture, Markets & Food
Animal Industry Division
PO Box 2042
Concord, NH 03302-2042
Source. #12555, eff 6-21-18 (formerly Agr 1902.02)
Agr 1903.03 Information Required on Initial or Renewal
Application.
(a) Every applicant for an initial or renewal
license shall provide information as required by RSA 427:39 on either an
“Initial Application for Livestock Dealer’s License” or a “Renewal Application
for Livestock Dealer’s License”, as applicable.
(b) Every applicant for an initial or renewal
license shall also provide the following on either an “Initial Application for
Livestock Dealer’s License” or a “Renewal Application for Livestock Dealer’s
License”:
(1) The business name of
applicant, business address, and business telephone;
(2) The owner’s name,
residential address, and residential telephone number;
(3) The names and addresses
of all New Hampshire licensed agents or persons handling livestock for the
dealer;
(4) The type of activity
engaged in, including:
a. Buying, selling,
transporting, or any combination thereof;
b. Transporting only; or
c. Operating a livestock
auction or sales ring.
(5) A list of other
jurisdictions in which the applicant is licensed to deal in livestock;
(6) Whether or not he or
she has ever had a license to deal in livestock issued by another jurisdiction
suspended or revoked;
(7) If the applicant has
had his or her license suspended or revoked, a detailed explanation of the
actions which resulted in that revocation or suspension;
(8) Whether the person is
licensed under the USDA Packers and Stockyards Act;
(9) The license plate
numbers and description of all trucks or other conveyances used in the
transportation of livestock; and
(10) The signature of the
applicant certifying that the applicant and any agents acting on their behalf
shall abide by the provisions of RSA 427 and RSA 436 and rules and regulations
promulgated thereunder and the date signed.
(c) In addition to the information listed in Agr
1903.03 (a) and (b), every applicant submitting an “Initial Application for
Livestock Dealer’s License” shall submit a copy of an official State of New
Hampshire criminal history record which can be obtained from the New Hampshire
State Police Criminal Records Unit.
(d) The license application fee of $50 and the
permit fee of $5 for each truck or other conveyance shall accompany the
application. Cash payments shall not be
submitted through the mail. The
application fee shall not be refundable if the application is denied, pursuant
to RSA 427:42.
Source. 12555, eff 6-21-18 (formerly Agr 1902.03)
PART Agr 1904 RECORDS
Agr
1904.01 Written Records.
(a) Each license holder shall keep a written
record of all individual animals entering the licensed premises, conveyances,
or both including:
(1)
Date of purchase or acceptance;
(2)
Name and address of seller, consignor, or donor; and
(3)
Species, age, breed, gender, description, and official identification numbers of animals.
(b) Each license holder shall keep a written
record of all transfers of all animals leaving the licensed premises,
conveyance, or both including:
(1)
Date of transfer;
(2) Name and address of recipient; and
(3) Species, age, breed, gender, description, and
official identification numbers of animals.
(c) Records shall be maintained at the licensed
premises or in the licensed conveyance for a minimum of one year after the date
the animal left the operation. Such
records shall be available upon request for inspection at the licensed premises
by the department during reasonable times.
Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82;
ss by #2860, eff 9-24-84, EXPIRED 9-24-90
New. #4957, eff 10-19-90; rpld by #6272, eff
6-25-96, EXPIRED: 6-25-04
New. #8824, eff 2-23-07; ss by #8912, eff 6-20-07,
EXPIRED: 6-20-15
New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18;
ss by #12555, eff 6-21-18
PART Agr 1905 DISEASE
CONTROL
Agr 1905.01 Biosecurity. A written plan for disease control and
prevention, including cleaning and disinfection of premises and conveyances,
shall be on file with the department, in hard copy or electronically prior to
initial licensing or license renewal and shall be re-submitted upon any change
in program content.
Source. #12555, eff 6-21-18
Agr 1905.02 Access to Veterinary Care.
(a) At each license renewal, the license holder
shall submit with the application a written statement signed by an accredited
veterinarian, licensed in New Hampshire, stating that the veterinarian shall be
available to provide veterinary care as necessary.
(b) The license holder shall inform the
department of any change in veterinarian within 30 days of said change.
Source. #12555, eff 6-21-18
PART Agr 1906 INSPECTIONS
Agr 1906.01 Inspections and Inspection Records.
(a) Each license holder shall comply with RSA 427:48 while
hauling any livestock.
(b) Each license holder shall submit premises,
buildings, conveyances, and animals to inspection, or a combination thereof, at
any such times as the commissioner may deem necessary and advisable.
(c) Such inspections shall include, but not be limited to, review
of:
(1)
Records for
compliance with RSA 427:41 and Agr 1904;
(2)
Premises for compliance with RSA 435:11-16 and Agr 3700 for equines and with
RSA 644:8, “acts or omissions injurious or detrimental to the health, safety or
welfare of any animal, including the abandoning of any animal without proper
provision for its care, sustenance, protection or shelter”, for all animals;
and
(3)
Species, age, breed, gender, description, and official identification
numbers of animals.
(c) Records shall be maintained at the licensed
premises or in the licensed conveyance for a minimum of one year after the date
of transfer. Such records shall be
available upon request for inspection at the licensed premises by the
department during reasonable times.
(d) The inspection report shall be signed by the
owner or owner’s agent acknowledging that they have read the report, understand
its content, and will correct any non-compliant issues raised in the report.
Source. #12555, eff 6-21-18
PART Agr 1907 COMPLAINTS
AGAINST LICENSED LIVESTOCK DEALERS
Agr 1907.01 Forms of Complaints. Complaints shall be handled under Agr 200.
Source. #12555, eff 6-21-18 (formerly Agr 1903.01)
PART Agr 1908 SLAUGHTER OF CERVIDAE AND BISON
Agr 1908.01 Slaughter of Cervidae and Bison
(a) All slaughter of Cervidae and bison shall be
in compliance with the provisions of RSA 427:33 and RSA 427:34.
(b) For the purpose of this section,
“slaughterer” as defined in RSA 427:33, I shall include propagators of Cervidae and bison permitted under the provisions
of fish and game rules Fis 800.
(c) No person other than those described in Agr
1908.01 (b) shall engage in the slaughter of Cervidae or bison.
(d) The slaughter of Cervidae shall be by methods
that provide for the collection of tissue samples necessary for testing for the incidence of chronic wasting
disease.
(e) The
slaughter of Cervidae and bison shall not be attempted from a distance in
excess of 50 yards.
(f) Animals held
in a confined fashion such as in a so-called “squeeze chute”, where animals are
held immediately prior to slaughter, shall not be subject to fence height
restrictions.
Source. #12555, eff 6-21-18 (formerly Agr 1904.01)
APPENDIX
Rule |
Specific State Statute which the Rule is Intended
to Implement |
|
|
Agr 1901-1902 |
RSA 427:38-46 |
Agr 1903 |
RSA 427:39-40, RSA 427:42 |
Agr 1904-1906 |
RSA 427:41 |
Agr 1907 |
RSA 427:42 |
Agr 1908 |
RSA 427:33-34 |