CHAPTER
Agr 1000 SEAL OF QUALITY
Statutory
Authority: RSA 426:1, 426:2, 426:8
PART
Agr 1001 PURPOSE AND SCOPE
Agr 1001.01 Purpose. These rules implement the procedures of the department
of agriculture, markets and food pursuant to RSA 426:1 et seq., and
provide standards of quality for farm products which are to be met for the use
of the state of New Hampshire seal of quality design in connection with the
sale of those farm products.
Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84,
EXPIRED 8-20-90
New. #5196, eff 7-31-91, EXPIRED 7-31-97
New. #6734, eff 4-21-98, EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Agr 1001.02 Scope.
These rules shall apply to any
Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84,
EXPIRED 8-20-90
New. #5196, eff 7-31-91, EXPIRED 7-31-97
New. #6734, eff 4-21-98, EXPIRED: 4-21-06
New. #10952, eff 10-21-15
PART Agr 1002 GENERAL REQUIREMENTS
Agr 1002.01 Application For Permit.
(a)
A producer of
(b)
An applicant for a permit to use the
(c)
Permit applications, furnished by the commissioner, shall be accompanied
by an annual permit fee of $25 for maple products, and $10 for all other covered
commodities, payable to Treasurer, State of
(d)
Prior to the issuance of an initial permit by the department an
inspection shall be made by the
department to determine compliance with the rules for the particular product or
products as stated in Agr 1003.
(e)
Renewal permits may be subject to an annual inspection by the
department.
(f)
Within 30 days following an inspection the department shall issue a
permit for the use of the seal of quality design if the application has complied
with Agr 1003.
(g)
The department shall notify the applicant in writing of the reason(s)
for denial of a permit.
(h)
For those who receive a denial of a permit, within 10 days following
receipt of an official denial from the department, the applicant may implement
corrective actions in order to comply with the seal of quality standards.
(i)
For those who receive a denial of a permit, and implement corrective
actions, a follow up inspection shall be conducted to verify compliance with the
seal of quality standards.
(j)
Within 10 days following receipt of an official denial from the
department, the applicant may request a hearing to show reasons why the permit
should not be denied.
(k) The following shall apply for permits:
(1) A permit holder shall be issued an official
seal of quality permit with a number, which shall be the same for each year;
and
(2) All permits shall be issued annually for the
period of July 1 to June 30 of the following year; and permits shall expire on
June 30 if not renewed.
Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84,
EXPIRED 8-20-90
New. #5196, eff 7-31-91, EXPIRED 7-31-97
New. #6734, eff 4-21-98 (from Agr 1001.01),
EXPIRED:
4-21-06
New.
#10952, eff 10-21-15
Agr 1002.02 Revocation of Permit.
(a)
The seal of quality permit shall be revoked by the commissioner when it
has been determined through investigation that any of the rules of this chapter
have been violated, provided that:
(1) The department has notified the permit holder
in writing of the reasons for revocation and unless noncompliances have been
corrected the permit shall be revoked after 30 days from receipt of the notice;
(2) The permit holder shall be afforded the opportunity
for a hearing to demonstrate the reasons why the permit should not be revoked;
and
(3) Any request for a hearing shall be put in
writing within 10 days from notification of the department’s intent to revoke.
Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84,
EXPIRED 8-20-90
New. #5196, eff 7-31-91, EXPIRED 7-31-97
New. #6734, eff 4-21-98 (from Agr 1001.02),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Agr 1002.03 Approval of Seal of
Quality Design.
(a)
A person holding a current seal of quality permit may use the seal of
quality design on containers, labels, signs, advertising or other informational
or promotional material.
Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84,
EXPIRED 8-20-90
New. #5196, eff 7-31-91, EXPIRED 7-31-97
New. #6734, eff 4-21-98 (formerly Agr 1001.03),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
PART Agr 1003 PRODUCTS THAT MAY BEAR THE SEAL
Agr 1003.01 Apples.
(a)
The following requirements shall apply for use of the seal of quality
design on apples:
(1) A packer of
(2) Apples shall be labeled in accordance with
the provisions of the New Hampshire Apple Grading Law, RSA 434:19-32;
(3) Apples shall meet the requirements of one of the
following grades, as specified in Agr 901, Grades:
a.
b. U. S. Fancy; or
c.
(4) Apples shall meet the requirements of the U.
S. Condition Standards as specified in the U.S. Standards for Grades of Apples
as promulgated by the U.S. Department of Agriculture under 7 CFR, Section
51.300-51.322, 2002 edition, available as specified in Appendix II; and
(5) Apples shall be packaged in accordance with
the Packing Requirements as specified in the U.S. Standards for Grades of
Apples as promulgated by the U.S. Department of Agriculture under 7 CFR,
Section 51.300-51.322, 2002 edition, available as specified in Appendix II.
Source. #6734, eff 4-21-98 (from Agr 1002.01),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Agr 1003.02 Cider.
(a)
The following requirements shall be met for use of the seal of quality
design on cider:
(1) A producer of
(2) Cider shall be produced, packaged and labeled
in accordance with RSA 434:40-a et seq and with Agr 907;
(3) Additional processing and packaging
requirements for cider shall be as follows:
a. Cider processing shall be done in an enclosed
building which shall be constructed and equipped as follows:
1. The floors
shall be constructed of easily cleanable materials and shall provide drainage;
2. The walls and ceilings shall be constructed
of easily cleanable materials; and
3. Hot water at a temperature of 140 degrees F
or higher or steam shall be available on the premises for cleaning equipment;
b. All apples shall be washed and brushed with
potable water or water that has been treated with a substance or method that
renders it safe for cleaning fruit prior to processing into cider;
c. Cider shall be filtered and/or screened
through stainless steel mesh, filter paper or other suitable material
sufficiently to remove coarse material and to minimize the presence of
sediment;
d. Storage vessels used to store cider post
manufacturing and prior to bottling shall be covered; and
e. Retail containers shall be:
1. Marked with the date the containers were
packed, but a date code may be used as an alternative provided the method of
coding shall be filed with the department; and
2. Kept refrigerated at a temperature of 45
degrees F or set in ice.
Source. #6734, eff 4-21-98 (from Agr 1002.02),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Agr 1003.03 Shell Eggs.
(a)
The following requirements shall apply for the use of the seal of quality
design on shell eggs:
(1) A packer of
(2) The following labeling, grading, processing
and handling requirements shall be met:
a. Eggs shall be labeled in accordance with the
provisions of RSA 438:22-30;
b. Eggs shall be sized and conform to the size
classifications list in the U.S. Standards, Grades and Weight Classes for shell
eggs as promulgated by the U.S. Department of Agriculture under 7 CFR Part 56,
Subpart C, 2008 edition, available as specified in Appendix II;
c. Eggs shall be candled and meet the standards
for AA quality or for A quality as specified in the U.S. Standards, Grades and
Weight Classes for shell eggs as promulgated by the U.S. Department of
Agriculture under 7 CFR Part 56, Subpart C, 2008 edition, available as
specified in Appendix II;
d. Eggs shall be packed in new, clean, sound
cartons and containers;
e. Cartons shall be labeled with the following
information in addition to that required in RSA 428:22-30:
1. The name and address of the packer/permit
holder; and
2. The packing date or an expiration date code
or both;
f. Eggs shall be maintained at a temperature of
45 degrees F or below subsequent to grading and packaging; and
g. The permit holder shall ensure that the seal
of quality labeled eggs are offered for sale at retail at a temperature of 45
degrees F or below, whether offered for sale at the permit holder’s place of
business or any other location.
Source. #6734, eff 4-21-98 (from Agr 1002.03),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Agr 1003.04 Maple Products.
(a)
By July 1, 2017, producers and packers shall comply with the following
requirements for use of the seal of quality design on
(1) A producer or packer of
(2) A packer of
(3) Maple products shall be in compliance with
all applicable provisions of RSA 429:13-28, and with all applicable provisions
of Agr 904;
(4) Maple syrup shall meet one of the following
grades:
a. Grade A Golden, Delicate Taste;
b. Grade A Amber, Rich Taste;
c. Grade A Dark, Robust Taste; or
d. Grade A Very Dark, Strong Taste;
(5) The following filter requirements for maple
syrup shall be met:
a. Sap filters shall be clean at the time of use
with no evidence of mold or odors that may cause an off flavor;
b. Filtering materials, including but not
limited to, a filter press, filter papers, wool or synthetic cone filters,
shall be clean with no evidence of mold or odors that may cause an off flavor;
c. Only food grade lubricant shall be used in
the filter press pump; and
d. Diatomaceous earth used shall be food grade,
and shall be placed in a clean dry container with a lid;
(6) The following container requirements for
maple syrup shall be met:
a. Drums and other bulk containers shall be
stored and treated in a manner to prevent contamination;
b. Drums and other bulk containers not actively
being filled shall be protected from debris and pests via sealed bungs or other
means;
c. Drums that have been labeled “not for reuse”
shall not be used;
d. Only new containers for packaged maple syrup
shall be used;
e. Packaged maple syrup shall be filled to
provide adequate space to make certain that the inner seal is properly sealed,
then capped; and
f. All containers used for packaged maple syrup
shall be stored in a manner that will prevent contamination from debris,
animals, or other sources, prior to filling;
(7) The following requirements shall apply to
buildings where maple sap and maple syrup is stored, produced, further
processed or packaged:
a. All light bulbs over sap or syrup, including
over tanks, releasers, boiling pans, filters, and canning equipment, shall be
protected by shields or slip on tubes to prevent broken glass from falling into
food contact equipment, sap or syrup;
b. The interior and exterior of buildings shall
be clean and free of debris;
c. There shall be protection to prevent
contamination from falling into a tank, pan, or other container that will
contact sap or syrup;
d. All surfaces in the buildings which could contact
sap or syrup shall be clean and free from dirt, mold, debris or evidence of
pests at the time of use;
e. The producer shall document the startup
cleaning procedures used for tank, pans, and all food-contact equipment; and
f. Floors shall be of concrete or some other
material capable of being easily cleaned;
(8) The following requirements shall be met for
materials that will come into contact with sap or syrup:
a. The materials shall not:
1. Have previously held non-food grade products;
2. Have previously held food considered an
allergen; and
3. Be rusty or have painted interiors; and
b. Tubing and pipes used for sap and syrup
transfer shall be food-grade;
(9) The following sanitation requirements for
maple syrup shall be met:
a. Clean water, liquid soap, and disposable
towels shall be present for hand washing;
b. Domestic animals shall not be in the rooms
where sap and syrup are being boiled, packed, or otherwise processed; and
c. A supply of clean, hot water shall be readily
available for cleaning equipment. Pond or brook water shall not be used for
cleaning equipment;
(10) Chemicals used in a maple operation shall
meet the following requirements:
a. Pesticides shall not be kept in any room
where sap or syrup is present;
b. Equipment cleaners and petroleum products
shall be stored in such a way as to prevent contamination of sap and syrup; and
c. A response plan shall be in place in the
event of a chemical spill; and
(11) Maple operations that use any lead-containing
equipment which contacts sap or syrup, such as but not limited to, lead
soldered pans, galvanized buckets or storage tanks, shall meet the following
requirements:
a. Maple syrup shall be analyzed for lead by a
private or state lab;
b. The cost of the lead test shall be paid by
the maple producer;
c. Results shall not exceed
d. The seal of quality permit shall not be
issued or renewed to producers whose syrup exceeds the 250 ppb level of lead.
Source. #6734, eff 4-21-98 (formerly Agr 1002.04),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Agr 1003.05 Honey.
(a) The following
requirements shall apply for use of the seal of quality design on honey:
(1) A producer or packer of
(2) Honey shall be in compliance with all
applicable provisions of RSA 429:13-28;
(3) Honey shall meet one of the following grades:
a.
b.
(4) Honey packages shall be labeled to state the
predominant floral source and possess the color and flavor specific to that
type except that when a single floral source is not predominant or the floral
source is not known, then the label shall state "wildflower"; and
(5) Honey shall not have a moisture greater than
18.6 percent by volume.
Source. #6734, eff 4-21-98 (formerly Agr 1002.05),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Agr 1003.06 Raspberries.
(a) The following definitions for seal of quality
raspberries shall apply:
(1) “Anthracnose” means a fungal plant disease
characterized by necrotic lesions.
(2) “Damage” means any defect, or any combination
of defects, which materially detracts from the appearance, edibility or
marketing of the raspberries;
(3) “Overripe” means beyond peak maturity or
soft, necessitating immediate consumption;
(4) “Serious damage” means any defect, or any
combination of defects, which seriously detracts from the appearance, or the
edible or marketing quality of the berry and includes berries which are badly
deformed, crushed, leaky, moldy, decayed or which have poor color
characteristics of immature berries, or berries from which the core has not
been removed;
(5) “Well colored” means that the whole surface
of the berry shows a color characteristic of a mature berry; and
(6) “Well developed” means that the berries are
not misshapen owing to anthracnose injury, frost injury, lack of pollination,
insect injury or other causes.
(b)
The following requirements shall apply for the use of the seal of
quality design on raspberries:
(1) A producer of
(2) Raspberries shall be of one variety and meet
the requirements of the New Hampshire No. 1 grade as follows:
a. Well colored and well developed;
b. Not soft, overripe or broken;
c. Free from cores, sunscald, mold and decay;
and
d. Free from damage caused by dirt or other
foreign matter, shriveling, moisture, disease, insect, or mechanical or other
means;.
(3) In order to allow for variations incident to
proper grading and handling not more than 10 percent by volume of the berries
in any lot shall fail to meet the requirements of this grade, including therein
not more than 5 percent for defects causing serious damage, and including in
this latter amount not more than one percent for berries which are affected by
mold or decay;
(4) Individual packages shall contain not more
than 1 ½ times the tolerance specified, provided that the average for the
entire lot is within the tolerance specified; and
(5) The following labeling and packaging
requirements shall apply:
a. Raspberries shall be packaged in new, clean,
sound containers, and
b. Containers shall be labeled to show the net
contents and the name and address of the producer.
Source. #6734, eff 4-21-98 (formerly Agr 1002.06),
EXPIRED: 4-21-06
New. #10952, eff 10-21-15
Appendix I
|
Rule |
|
|
Agr
1001.01-Agr 1001.02 |
RSA
426:1 |
|
Agr
1002.01-Agr 1002.02 |
RSA
426:8 |
|
Agr
1002.03 |
RSA
426:2 |
|
Agr
1003.01-Agr 1003.06 |
RSA
426:1 |
Appendix II
|
Rule |
Material Incorporated |
How Materials May Be Obtained |
|
Agr
1003.01(4) and (5) |
U.S.
Standards for Grades of Apples; 7 CFR, Section 51.300-51.322, 2002 edition |
Electronic
Code of Federal Regulations www.ecfr.gov |
|
Agr
1003.03 (b) and (c) |
U.S.
Standards, Grades and Weight Class for shell eggs; 7 CFR Part 56, Subpart C,
2008 edition |
Electronic
Code of Federal Regulations www.ecfr.gov |