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

 

Rule

Statute

 

 

Agr 2600

RSA 436:86-90

(Specific Provisions Implementing Specific Statutes are Listed Below.)

 

Agr 2601.02

RSA 436:86

Agr 2601.03

RSA 436:88-a

Agr 2602

RSA 436:86-1(c)