CHAPTER
Agr 1600 POULTRY
Statutory
Authority: RSA 428:19 and RSA 436:24
PART
Agr 1601 INTERSTATE MOVEMENT
Agr 1601.01 Definitions.
(a)
"Directly" means no stops on any premises harboring poultry en
route to the slaughtering establishment.
(b) "National Poultry Improvement Plan"
(NPIP) means a cooperative federal-state-industry mechanism for controlling
certain poultry diseases.
(c) "Poultry" means all chickens, ducks,
geese, birds of prey, exhibition and game birds such as pheasant and quail,
turkeys, pigeons, and all birds used for ornamental or show purposes and the
hatching eggs thereof.
(d)
"Sale'' means transfer of ownership of poultry from any person,
firm, corporation, or other entity to any other person, firm, corporation, or
entity.
(e)
"Zoonotic disease" means a disease of animals or poultry that
is communicable to people.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New. #8356, eff 5-24-05; ss
by #12000, eff 10-15-16
Agr 1601.02 Permit
and Certificate of Veterinary Inspection.
(a)
Poultry and hatching eggs brought, shipped or otherwise introduced in
the state of New Hampshire by any person, individual or corporation shall be in
compliance with Agr 2100, IMPORTATION OF BOVINES AND
OTHER DOMESTIC ANIMALS INTO NEW HAMPSHIRE.
(b)
All shipments of poultry or hatching eggs shall go directly from the
consignor to the consignee.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New. #8356, eff 5-24-05; ss
by #12000, eff 10-15-16
PART
Agr 1602 INTRASTATE MOVEMENT
Agr 1602.01 Intrastate
Movement of Certain Poultry for Exhibition or Transfer Prohibited.
(a)
Poultry intended for exhibition or sale may be moved intrastate except
birds or eggs:
(1) From flocks or hatcheries that have not been
tested Pullorum and avian influenza free; or
(2) That have any contagious
or infectious disease in the flock.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New. #8356, eff 5-24-05; ss
by #12000, eff 10-15-16
Agr 1602.02 Intrastate
Movement of Known Diseased Poultry.
(a)
No poultry diagnosed with avian influenza, Pullorum,
Laryngotracheitis, fowl cholera, or any other
contagious or infectious diseases shall be exhibited or sold, in order to:
(1) Prevent spread of disease to other poultry;
and
(2) Prevent the spread of zoonotic diseases.
(b)
The crates or any other containers used to transport diseased birds,
including the truck, shall be properly cleaned of all foreign matter and
disinfected to ensure the elimination of all communicable and infectious
diseases before being used again for the transportation of poultry.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New.
#8356, eff 5-24-05; ss
by #12000, eff 10-15-16
Agr 1602.03 Penalties. Nothing under these rules shall modify or
limit in any way the powers and duties of the commissioner of agriculture,
markets and food under RSA 428:20, 428:29, 436:29, 436:73 and 436:74.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New. #8356, eff 5-24-05; ss
by #12000, eff 10-15-16
PART
Agr 1603 PURCHASE, SALE AND TRANSPORTATION OF LIVE
POULTRY TO BE USED FOR FOOD
Agr 1603.01 Licenses.
(a)
Every person, partnership, firm, or corporation engaged in the
buying and selling, transporting, or both of live poultry, the meat or meat
product of which is to be sold or used for food, shall obtain a license from
the commissioner of agriculture, markets and food except when the
transportation of live poultry is by the actual producer, by householders for
immediate consumption, or by common carriers.
(b)
All applications shall be filed on forms supplied by the commissioner of
agriculture, markets and food.
(c)
The applicant shall include the following on the license application
form:
(1) Name of person, partnership, firm, or
corporation;
(2) Street, city, and state;
(3) If partnership, firm, or corporation, names
and legal addresses of the officers or members;
(4) Description of motor vehicles used in the
business of buying, selling and/or transporting poultry including:
a. Type
and capacity of vehicle;
b. Year
and make of vehicle;
c. Current
year, registration number, and state; and
d. Resident
state poultry license number if not living in New Hampshire;
(5) Total amount paid for live poultry purchased
in New Hampshire during preceding calendar year;
(6) Largest amount purchased in New Hampshire in
any week in preceding calendar year; and
(7) Signature of applicant.
(d)
When an applicant carries his or her own scales, a certificate from the
New Hampshire department of agriculture, markets and food, division of weights
and measures or a licensed service technician attesting as to the accuracy of
scales to be used in the business for buying and selling live poultry shall
accompany the application.
(e) If the applicant does not own or carry scales
on his vehicle, or vehicles, he shall file with his application a certification
statement including the following:
(1) Name of person, partnership, firm, or
corporation;
(2) Street, city, and state where the business is
located; and
(3) Signature of applicant certifying that all
poultry purchased shall be weighed on scales properly inspected and sealed by
the New Hampshire department of agriculture, markets and food, division of
weights and measures or a licensed service technician.
(f)
Out-of-state dealers shall first obtain a poultry license in their own
state before a New Hampshire poultry license shall be issued.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New.
#8356, eff 5-24-05; ss
by #12000, eff 10-15-16
Agr 1603.02 Application
for License.
(a)
Pursuant to RSA 428:17 the fees shall be:
(1) $20 for each license;
(2) $15 permit fee for each truck or tractor; and
(3) $5 for
each transfer of an existing permit to a new vehicle.
(b)
The fees shall accompany each application before the license, permit, or
transfer of a permit is issued.
(c)
Pursuant to RSA 428:9, I, a cash buyer or limited licensee shall agree
to pay for purchases of live poultry on a United States currency basis, or by certified,
cashier's, or traveler's checks, at time of sale.
(d)
A bonded buyer shall agree to allow inspection of sales slips at any
time by the commissioner of agriculture, markets and food or his or her agent to
verify the amount of purchases in New Hampshire as being the correct basis of
the principal amount of the bond.
(e)
The amount of bond shall be $10,000.
(f)
A license shall be issued when the bond certificate is filed with the
department of agriculture, markets and food.
(g)
Licenses shall expire March 31 annually.
(h)
License applications for renewal received beyond the March 31 deadline
shall be subject to a $10 late fee.
(i) All application fees shall be made payable to
the treasurer, State of New Hampshire.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New. #8356, eff 5-24-05; ss
by #12000, eff 10-15-16
Agr 1603.03 Record
of Sales.
(a)
Each person, partnership, firm or corporation licensed pursuant to Agr 1603 shall provide himself with a sales book made in
duplicate per RSA 428:18.
(b)
The record of all sales shall show the following information:
(1) The name and address of the buyer;
(2) The name and address of person from whom the
live poultry is purchased;
(3) The breed and type, such as fowl, cocks,
pullets, cockerels, broilers, ducks, turkeys;
(4) The weight and approximate number of live
poultry purchased;
(5) The amount paid for the poultry; and
(6) The name of the person receiving the poultry.
(c)
The bill of sale or memorandum shall be signed by the person from whom
the poultry was purchased or by his agent.
(d)
The sales slip shall be made in duplicate, and the copy shall be given
to the seller.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New. #8356, eff 5-24-05; ss
by #12000, eff 10-15-16
Agr 1603.04 License
May Be Revoked.
(a)
A license shall be revoked if, after opportunity for a hearing, it is
determined that a licensed poultry dealer has been:
(1) Defrauding by short-weighing;
(2) Paying by worthless checks;
(3) Misrepresenting any material fact in the
agreement to purchase poultry; or
(4) Violating any parts of RSA 428:9-21.
Source. #2171, eff 11-15-82; ss by #2857, eff
9-24-84, EXPIRED 9-24-90
New. #5120, eff 4-25-91; ss by #6497, eff 4-23-97,
EXPIRED: 4-23-05
New. #8356, eff 5-24-05; ss
by #12000, eff 10-15-16
APPENDIX
Rule |
Specific State Statute the Rule
Implements |
|
|
Agr 1601.01 |
RSA
428:2 |
Agr 1601.02 -
1601.03 |
RSA
428:24 |
Agr 1602 |
RSA
428:4 |
Agr 1603.01 -
1603.02 |
RSA
428:9 |
Agr 1603.03 |
RSA
428:18 |
Agr 1603.04 |
RSA
428:10 |