CHAPTER Agr 3300  TESTING OF DOMESTIC ANIMALS

 

Statutory Authority:  RSA 436:115

 

PART Agr 3301  TESTING FEES

 

          Agr 3301.01  Statement of Purpose.  The purpose of these rules is to set fees for testing of domestic animals, upon the request of an animal owner or event organization, that are performed by employees of the division of animal industry of the department of agriculture, markets and food or any other approved agent.

 

Source.  #7285, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9181, eff 6-13-08, EXPIRED: 6-13-16

 

New.  #12678, eff 11-20-18

 

          Agr 3301.02  Definitions.

 

          (a)  “Back yard flocks” means poultry being raised by any person generating less than $1,000 in gross annual revenue from the sale of eggs, meat, live birds, or any combination thereof.

 

          (b)  “Commercial flocks” means poultry being raised by any person generating more than $1,000 in gross annual revenue from the sale of eggs, meat, live birds, or any combination thereof.

 

          (c)  “Domestic animals” means all animals, including poultry, that are kept or harbored as farm or companion animals.

 

          (d)  “Event organization” means that person that is putting on the event.

 

          (e)  “Livestock events” means pulling contests, trail rides, carriage events, horse shows, races, dressage exhibitions, private or organized sales and other competitive events of horses, cattle, and oxen.

 

          (f)  “Mileage expense” means the one way mileage from the tester’s official headquarters to the location where birds will be tested then to the New Hampshire Veterinary Diagnostic Laboratory in Durham, NH, at a rate set by the state each year in accordance with the provisions of the collective bargaining agreement.

 

          (g)  “Person” means any individual(s), firm, corporation, or other entity(ies).

 

          (h) “Poultry” means meat and egg type chickens, turkeys, birds of prey, exhibition and game birds, such as pheasant and quail, and hatching eggs thereof.

 

          (i)  “Show birds” means poultry used for show and exhibition.

 

          (j)  "State" means the state of New Hampshire.

 

          (k)  “Testing fee” means that amount of money collected for tests performed on domestic animals by the commissioner or his delegated authority.

 

Source.  #7285, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9181, eff 6-13-08, EXPIRED: 6-13-16

 

New.  #12678, eff 11-20-18

 

          Agr 3301.03  Fees for Testing Poultry.

 

          (a)  Commercial flocks, not including waterfowl, testing fees shall be as follows:

 

(1)  Salmonella pullorum testing shall be $.54 per bird for microagglutination;

 

(2)  Mycoplasma gallisepticum and Mycoplasma synoviae testing shall be $2.38 per bird for a combination test by enzyme linked immunosorbent assay;

 

(3)  Avian influenza testing shall be $0.62 for agar gel immunodiffusion; and

 

(4)  Mileage expenses.

 

          (b)  Back yard flocks and show birds, not including waterfowl, testing fees shall be as follows for avian influenza and Salmonella pullorum:

 

(1)  A minimum fee of $25 for up to 50 birds;

 

(2)  Any amount over 50 birds shall be charged a fee of $1.00 per bird; and

 

(3)  Mileage expenses.

 

          (c)  Back yard flock and show bird, not including waterfowl, testing for all other diseases shall:

 

(1)  Only be collected while staff is on-site collecting avian influenza and Salmonella pullorum samples; and

 

(2)  Be billed by the laboratory directly to the flock owner at the current cost charged by the lab for such test.

 

          (d)  Waterfowl testing fees shall:

 

(1)  Include mileage expenses for department staff;

 

(2)  Be discussed with the flock owner prior to samples being submitted to the laboratory; and

 

(3)  Be billed by the laboratory directly to the flock owner at the current cost charged by the lab for such test.

 

Source.  #7285, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9181, eff 6-13-08, EXPIRED: 6-13-16

 

New.  #12678, eff 11-20-18

 

          Agr 3301.04  Fees for Testing at Livestock Events.

 

          (a)  Fees for testing animals in livestock events shall be for reimbursement to the state for expenses incurred by the division of animal industry of the department of agriculture, markets and food.

 

          (b)  The reimbursement fee shall be mileage expenses and the hourly expense of the employee, at the employee’s current pay rate, for the time spent to travel and collect and process samples, and to process the paper work.

 

          (c)  Fees shall be billed by the division of animal industry of the department of agriculture, markets, and food to the event organization.

 

          (d)  The event organization shall be responsible for the reimbursement of the fees.

 

Source.  #7285, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9181, eff 6-13-08, EXPIRED: 6-13-16

 

New.  #12678, eff 11-20-18

 

          Agr 3301.05  Lodging Fees.

 

          (a)  Fees for lodging necessary for testing animals shall be for reimbursement to the state for expenses

incurred by the division of animal industry of the department of agriculture, markets, and food.

 

          (b)  Fees for lodging shall be consistent with Department of Administrative Services – Manual of

procedures, Section 1107, Lodging Reimbursement Policy:

 

(1) Lodging expenses incurred by employees shall be reimbursable if authorized by the department head and the location of the work assignment or hotel location is at least 50 miles away from the employee’s official headquarters and the employee’s residence;

 

(2)  Advance payment by the state shall be one night only when advance payment is required for lodging services;

 

(3)  Lodging expenses paid or reimbursed by the state shall be for state employees only;

 

(4)  Additional expenses or room upgrades, incurred for family or friends accompanying the employee, shall not be reimbursable; and

 

(5)  Original hotel invoices shall be submitted and personal and other non-allowable expenses must be deducted from the total.

 

          (a)  Fees shall be billed by the division of animal industry of the department of agriculture, markets,

and food to the flock owner or event organization.

 

          (b)  The flock owner or event organization shall be responsible for the reimbursement of the fees.

 

Source.  #12678, eff 11-20-18

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

 

 

Agr 3301.01-3301.02

RSA 436:115, I

Agr 3301.03-3301.05

RSA 436:115, I-II