CHAPTER
Agr 100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 541-A:16, I(a)
PART
Agr 101 PURPOSE
Agr 101.01 Purpose. The rules of this title implement the
statutory responsibilities of the
(a)
Promoting and regulating agriculture in all its branches;
(b)
Regulating all commercial transactions involving the measurement of
weight, distance, volume or time;
(c)
Regulating the quality and grade of agricultural crops and supplies and
food products;
(d)
Gathering and disseminating information on agriculture, crop production,
market activity, and other subjects consistent with the responsibilities of the
department;
(e)
Cooperating with other agencies of the state and federal governments,
the university of New Hampshire and commodity and consumer groups in the public
interest; and
(f)
Conducting such other activities as the statutes shall direct.
Source. #2298, eff 2-17-83; ss by #2855, eff 9-24-84,
EXPIRED 9-24-90
New. #6012,
eff 3-28-95
PART
Agr 102 DEFINITIONS
Agr 102.01 Terms.
As used in these rules, the following terms shall have the meanings
indicated:
(a)
"Bureau" means a unit within the department led by a
supervisor.
(b)
"Commissioner" means the commissioner of the department of
agriculture.
(c)
"Department" means the New Hampshire department of
agriculture, which includes the office of the commissioner, the division of
agricultural development, the division of animal industry, the bureau of
markets, the bureau of weights and measures, the division of pesticide control
and the division of plant industry.
(d)
"Division" means a unit within the department led by a
director.
Source. #2298, eff 2-17-83; ss by #2855, eff 9-24-84,
EXPIRED 9-24-90
New. #6012,
eff 3-28-95
PART
Agr 103 AGENCY ORGANIZATION
Agr 103.01 General Description. There shall be established pursuant to RSA
425 within the department, the office of the commissioner, the agricultural
advisory board, 4 separate divisions and 2 separate bureaus, each responsible
for the implementation and enforcement of rules in their designated areas of
expertise.
Source. #6012,
eff 3-28-95
Agr 103.02 Office of Commissioner. The office of the commissioner shall
administer departmental affairs, develop policy and oversee such programs as
the statutes direct, including the state agricultural land development rights
purchase program and state conservation committee. All accounting activities for the department
shall be included in this unit. The
office of commissioner shall provide administrative support to the agricultural
advisory board.
Source. #6012,
eff 3-28-95
Agr 103.03 Division of Agricultural Development.
(a)
The division of agricultural development shall work to bring producers
and consumers together in the marketplace through promotional initiatives and
marketing programs. The division shall
gather and disseminate market information and inform consumers of the
availability and quality of crops and food products.
(b)
The following programs shall be included in the division of agricultural
development:
(1) Publication of the "Weekly Market
Bulletin":
(2) Operation of the
(3) The apple marketing order.
Source. #6012,
eff 3-28-95
Agr 103.04 Division of Animal Industry. The division of animal industry shall be
responsible for the control and eradication of all contagious and infectious
diseases of domestic animals and poultry in the state. It shall protect people, livestock and poultry
from disease through testing, vaccination and regulation of entry of animals
and poultry into
Source. #6012,
eff 3-28-95
Agr 103.05 Bureau of Markets. The bureau of markets shall be responsible
for inspection of farm commodities offered for sale within the state to meet safety,
grade and quality standards. Inspection
and technical assistance on exporting products and use of grades shall be
provided for eggs, apples, cider, potatoes, honey and maple products. The bureau shall administer the seal of
quality and organic certification programs.
The bureau shall conduct lime, feed, seed and fertilizer inspection and
registration/licensing programs to ensure lawful labeling, content and
quality. The bureau shall coordinate the
implementation of best management practices for agricultural nutrients and
wastes as necessary.
Source. #6012,
eff 3-28-95
Agr 103.06 Bureau of Weights and Measures.
(a)
The bureau of weights and measures shall enforce all of the state's laws
affecting the measurement of commodities moving in commerce for the purpose of
ensuring that consumers receive an accurate amount of product.
(b)
The bureau of weights and measures' functions shall be:
(1) Inspection of all weighing devices;
(2) Inspection of fuel delivery meters and pumps,
tanks and containers used for measuring any type of liquid or solid commodity;
(3) Inspection of taxi meters and devices used
for measurement of distance, time or mass;
(4) Enforcement of the uniform date code system
for processed food products and other provisions of law affecting pricing and
sale of commercial goods; and
(5) Certification of standards used by device
service persons and organizations.
Source. #6012,
eff 3-28-95
Agr 103.07 Division of Pesticide Control. The division of pesticide control shall
ensure the safe and proper use of chemical pesticides by enforcing state
pesticide laws affecting the sale, storage and application of all registered
pesticides, examining and licensing pesticide dealers and users, and
registering all economic poisons sold and used within the state.
Source. #6012,
eff 3-28-95
Agr 103.08 Division of Plant Industry. The division of plant industry shall inspect
nursery and florist establishments, farms, agricultural crops and apiaries for
insect, fungal or disease infection. It
shall monitor insect and plant pests which might threaten crops, animals or
human health.
Source. #6012,
eff 3-28-95
PART
Agr 104 PUBLIC REQUESTS FOR INFORMATION
Agr 104.01 Information Requests.
(a)
All departmental information shall be available to every person upon
request, except for confidential information pursuant to RSA 91-A:5.
(b)
A request for information may be made by any person.
(c)
A person shall make a request for information in one of the following
ways:
(1) By visiting the department during regular business
hours and making a plain statement, orally or in writing, describing the
information so requested; or
(2) By writing to the department, clearly stating
the information sought and including a check or money order for the copying
fee.
(d)
Each person shall have the right to inspect all public records.
(e)
Each person may make hand written or xerox copies of any information
which is not confidential.
(f)
If information is sought which contains both public and confidential information,
the department shall delete the confidential information and provide the
remaining information.
(g)
There shall be a copying fee of $.20 per page for any information
copied.
Source. #6012, eff
3-28-95