CHAPTER Agr 2600
LIVESTOCK EVENTS
Statutory Authority:
RSA 436:90
PART Agr 2601 VIOLATIONS
Agr 2601.01 Statement of Purpose. The purpose of this rule is to establish how
violations will be determined which allow for the fines discussed in RSA
436:88-a to be levied and to describe the drug administration responsibility.
Source. #5438, eff
7-22-92, EXPIRED: 7-22-98
New. #6831, eff 8-21-98, EXPIRED: 8-21-06
New. #8801, eff 1-20-07
Agr 2601.02 Definitions.
(a) "Agent" means anyone who is
authorized by the commissioner to collect samples of blood, urine or saliva and
to fill out official documents pertaining to the collection and to safely seal,
store and forward said samples to a designated laboratory for analysis.
(b) "Appliance" means a piece of
equipment, instrument or device designated for a particular use to aid in the
outcome of a livestock event, such as electronic shockers for stimulation,
blankets on hot days for excess weight loss, whips or any sharp objects
concealed or visible.
(c) "Commissioner" means the
commissioner of agriculture, markets and food or his designee.
(d) "Days" means Monday through Friday,
except state and federal holidays.
(e) "Defendant" means any person
charged with violating any of the provisions of the subdivision RSA 436:86-91
or violating an administrative rule(s).
(f) "Drug" means any chemical compound
that may be used on or administered to humans or animals as an aid in the
diagnosis, treatment or prevention of disease or other abnormal condition, for
the relief of pain or suffering, or to control or improve any physiologic or
pathologic condition.
(g) "Livestock event" means “livestock
event” as defined in RSA 436:86, I(a).
(h) "Owner" means “owner” as defined in
RSA 436:86, I(c).
(I) "Person" means “person”
as defined in RSA 436:86, I(b).
(j) "Presiding officer" means that
individual to whom the commissioner has delegated the authority to preside over
a proceeding, if any; otherwise it means the commissioner.
(k) "Stimulant" means an agent or
remedy that produces stimulation by causing tension on muscle fiber through the
nervous tissue.
Source. #5438, eff
7-22-92, EXPIRED: 7-22-98
New. #6831, eff 8-21-98, EXPIRED: 8-21-06
New. #8801, eff 1-20-07
Agr 2601.03 Notification of Prohibited Substance or Practice.
(a) The commissioner shall notify the fair
association or management of the livestock event in writing when a positive
test of prohibited substance or practice,
as described by the NH pari-mutuel commission rules Pari 700, is established.
(b) The commissioner shall charge the owner and
other persons, if applicable
(1) Whose
animal(s) was found during diagnostic testing to have in its sample a
prohibited substance; or
(2) Who used an appliance, based
upon visual evidence.
(c) Documentation of a complaint shall be
composed of a written notice of the violation:
(d) The notice shall contain the following:
(1) Defendant's name and address;
(2)
Description of animal or animals found with the drug, stimulant or
appliance;
(3) Name
of the drug, stimulant or appliance found;
(4) Name of the agent who collected
the sample that was tested;
(5) Time,
date and location of alleged violation;
(6)
Indication of the fine and duration of ineligibility to compete in
livestock events; and
(7) Notice of a right to an administrative
hearing.
Source. #5438, eff
7-22-92, EXPIRED: 7-22-98
New. #6831, eff 8-21-98, EXPIRED: 8-21-06
New. #8801, eff 1-20-07
PART Agr 2602 DRUG ADMINISTRATION RESPONSIBILITY
Agr 2602.01 Disclosure
of Drugs, Stimulants or Appliances.
For the purpose of administrative hearings, whenever the test(s) or
investigation reveals the presence in any livestock of any drug or stimulant or
the use of any appliance whatsoever, that could affect or alter the normal
performance or condition of such animal and the result of the contest in which
it participated, it shall be presumed that the same was administered by the
owner of such livestock, whether actually administered by the owner personally
or any person on his behalf. The owner shall be responsible for the condition
of the animal(s) entered by him/her in a livestock event regardless of the acts
of a third party.
Source. #5438, eff
7-22-92, EXPIRED: 7-22-98
New. #6831, eff 8-21-98, EXPIRED: 8-21-06
New. #8801, eff 1-20-07
APPENDIX
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Rule |
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Agr 2600 |
RSA 436:86-90 |
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(Specific Provisions Implementing Specific Statutes are
Listed Below.) |
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|
Agr 2601.02 |
RSA 436:86 |
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Agr 2601.03 |
RSA 436:88-a |
|
Agr 2602 |
RSA 436:86-1(c) |