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 New Hampshire department of agriculture created by RSA 425 which include, but are not limited to:

 

         (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 New Hampshire building at the Eastern States Exposition; and

 

(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 New Hampshire.  The division shall enforce the humane laws of the state, and liaise with appropriate local and federal agencies in animal health matters.

 

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