Adopt Agr 2800, previously effective 7-1-98 (Document #6786), and expired 7-1-06 to read as follows:

CHAPTER Agr 400 FEEDING GARBAGE TO SWINE

Statutory Authority: RSA 435:39

REVISION NOTE:

Document #13481, effective 11-8-22, adopted Chapter Agr 400 titled “Feeding Garbage to Swine”, relative to implementing RSA 435:32 through RSA 432:37, with rulemaking authority in RSA 435:39.

Chapter Agr 400 had formerly been titled “Stallion Registration” and contained rules governing registration of stallions. The former Chapter Agr 400 expired 10-22-90. The filings prior to the expiration of the former Chapter Agr 400 included the following documents:

#2331, eff 3-31-83

#2886, eff 10-22-84, EXPIRED 10-22-90

PART Agr 401 DEFINITIONS

Agr 401.01 Definitions. As used herein:

(a) “Department” means the New Hampshire department of agriculture, markets, and food;

(b) “Commissioner” means the commissioner of agriculture, markets, and food;

(c) "Garbage" means waste consisting in whole or in part of animal waste, including any waste animal carcasses or offal from such carcasses or parts thereof, but excluding waste from ordinary household operations which is fed directly to swine on the same premises where such household is located; and

(d) “Reasonable times” means a minimum of four regular, posted open hours maintained by the permit holder at the same time every week between 8 am and 4 pm, Monday through Friday, which are subject to unannounced inspection by the department’s authorized representative.

Source. #13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

PART Agr 402 TREATING GARBAGE

Agr 402.01 Garbage to be Cooked or Treated.

(a) All garbage, regardless of previous processing, shall before being fed to swine be heated throughout, on the premises of the farm where such garbage is to be fed to swine, to at least 212 degrees fahrenheit for 30 minutes.

(b) As permitted in RSA 435:36, garbage may be treated in some other manner which shall be approved in writing by the commissioner or the state veterinarian as being equally effective for the protection of public health.

(d) Cooked or treated garbage shall be fed to swine within 24 hours after cooking or treating.

Source. #13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

PART Agr 403 PERMITS

Agr 403.01 Obtaining a Permit.

(a) No person shall feed garbage to swine on any premises unless the person has been issued a permit from the department for such premises.

(b) Upon receipt of an application for permit on “VS Form 13-15 Application for Licensing of Garbage Treatment Facility, Sep. 88”, which application shall be accompanied by the permit fee set in RSA 435:34, the department shall send an authorized representative familiar with equipment and processes used to cook garbage on swine farms to inspect the premises where the applicant desires to conduct garbage cooking.

(c) If said representative finds that such premises cannot be approved pursuant to this section and regulations promulgated thereunder, the Federal Swine Health Protection Act, 7 U.S.C. sections 3802, 3803, 3804, 3808, 3809, and 3811, and 9 CFR part 166, the representative shall notify the applicant wherein the applicant fails to comply.

(d) If, within 30 days thereafter, the specified defects are remedied and the applicant notifies the department in writing of the corrections, the department shall make a second inspection and proceed as in the case of the original inspection.

(e) No permit granted under this section shall be transferable by the permit holder and each permit shall apply to only one premises, which shall be specified in the application and on the permit.

(f) No permit shall be issued by the department to conduct garbage-feeding, nor shall any place be used for that purpose, unless the department is satisfied that all regulations of the department will be complied with and that all garbage fed to swine will be satisfactorily treated as required by Agr 402.

(g) The entire swine operation of the permit holder at the location shall comply with Agr 400 during the term of the permit.

Source. #13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

PART Agr 404 INSPECTIONS

Agr 404.01 Inspections Concerning Cooking and Feeding Garbage to Swine.

(a) The department shall periodically send an authorized representative to inspect the cooking of garbage that is fed to swine.

(b) Inspections shall be documented on a “VS Form 13-16 Garbage Treatment Facility Inspection, Feb. 90” with a copy to be provided to the license holder.

(1) All equipment, utensils, and vehicles used in the collection, transportation, and distribution of garbage to ensure these items are kept and maintained in a sanitary condition at all times;

(2) All containers of raw garbage to ensure they are covered and retained within the enclosure surrounding the cooker, along with all empty containers used in the collection of garbage;

(3) The area surrounding the cooker to ensure it is covered by a roof and enclosed in a manner that allows it to be kept free of remains of previously fed garbage, rubbish, and raw garbage spilled from containers while unloading or filling the cooker;

(4) All records required to be kept under Agr 404.

(d) Any person feeding garbage to animals shall keep records regarding the collection, transportation, and distribution of garbage, and the operation of the equipment and procedure of treating garbage to be fed to animals, and all records required to be kept under Agr 404 shall cover the previous 12 months of operation.

(e) Such inspections shall include a review of the conditions relating to the feeding of garbage to swine. At a minimum, the feeding area shall be constructed so as to allow for efficient cleaning and disinfection.

(f) Such inspections shall include a demonstration that the cooker works as required. This inspection shall be documented on “VS Form 13-9 Inspection Report of Garbage Processing Equipment, Sep 1973” with a copy to be provided to the license holder.

(g) At least once per year, the inspector shall complete the “Swine Health Protection Act Annual Risk Assessment Form – New England, May 2018” with a copy to be provided to the license holder.

(h) No authorized representative of the department shall be impeded or prevented from entering any such premises at reasonable times for the purpose of making such inspections.

Source. #13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

PART Agr 405 HANDLING OF RAW GARBAGE

Agr 405.01 Handling of Swine Fed Raw Garbage.

(a) Pursuant to RSA 435:36-a, all swine that have been fed garbage that has not been properly cooked or treated shall be quarantined and tested at the owner’s expense for brucellosis, pseudorabies, hog cholera, also known as classical swine fever, and African swine fever.

(b) No swine fed garbage that has not been properly cooked or treated shall be moved into or within New Hampshire unless pursuant to special permission granted in writing by the commissioner at the commissioner’s sole discretion.

(c) Pursuant to RSA 435:36, no indemnity shall be paid for swine which have been fed garbage that has not been properly cooked or treated.

Source. #13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

PART Agr 406 HOUSEHOLD GARBAGE EXCEPTIONS

Agr 406.01 Exception for Feeding of Household Garbage to Swine. Agr 402 thru Agr 405 shall not apply to a person who feeds exclusively his or her own household garbage to swine which are raised for his or her own use.

Source. #13481, eff 11-8-22 (see Revision Note at chapter heading for Agr 400)

APPENDIX A

Rule	Specific State Statute the Rule Implements
Agr 401	RSA 435:32; RSA 435:37, I.
Agr 402	RSA 435:36
Agr 403	RSA 435:33, I; RSA 435:34-35
Agr 404	RSA 435:37
Agr 405	RSA 435:36-a
Agr 406	RSA 435:33, II

APPENDIX B: INCORPORATION BY REFERENCE INFORMATION

Rule	Title	Publisher; How to Obtain; and Cost
Agr 403 (b)	VS Form 13-15 Application for Licensing of Garbage Treatment Facility Sep. 88	USDA; copy of form can be obtained from New Hampshire Department of Agriculture, Markets, & Food, Welcome \| NH Department of Agriculture, Markets and Food. Cost is $0.25 per hard copy; no charge for electronic copy sent by email.
Agr 403 (c)	Federal Swine Health Protection Act, 7 U.S.C. sections 3802, 3803, 3804, 3808, 3809, and 3811, and 9 CFR Part 166	Can be accessed for free at STATUTE-94-Pg2229.pdf (congress.gov) for Swine Health Protection Act and Code of Federal Regulations (govinfo.gov) for attendant regulations.
Agr 404 (b)	VS Form 13-16 Garbage Treatment Facility Inspection Feb. 90	USDA; copy of form can be obtained from New Hampshire Department of Agriculture, Markets, & Food, Welcome \| NH Department of Agriculture, Markets and Food. Cost is $0.25 per hard copy; no charge for electronic copy sent by email.
Agr 404 (e)	VS Form 13-9 Inspection Report of Garbage Processing Equipment Sep 1973	USDA; copy of form can be obtained from New Hampshire Department of Agriculture, Markets, & Food, Welcome \| NH Department of Agriculture, Markets and Food. Cost is $0.25 per hard copy; no charge for electronic copy sent by email.
Agr 404 (f)	Swine Health Protection Act Annual Risk Assessment Form – New England, May 2018	USDA; copy of form can be obtained from New Hampshire Department of Agriculture, Markets, & Food, Welcome \| NH Department of Agriculture, Markets and Food. Cost is $0.25 per hard copy; no charge for electronic copy sent by email.