Agr 900 Farm Prod Label

CHAPTER Agr 900 STANDARDS FOR FARM PRODUCTS: BRANDS, LABELS, GRADES

Statutory Authority: RSA 426:1, 428:27, 434:16, 434:19; 434:59, III and 434:60

PART Agr 901 APPLES - EXPIRED

Agr 901.01

Source. #4067, eff 6-5-86; ss by 4547, eff 12-16-88, EXPIRED: 12-16-94

New. #6170, eff 1-24-96, EXPIRED: 1-24-04

Agr 901.02

Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

Agr 901.03 Grades.

Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

Agr 901.04 - 901.05

Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

Agr 901.06 Tolerances.

Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

Agr 901.07 - 901.10

Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

PART Agr 902 - RESERVED

PART Agr 903 HONEY - EXPIRED

Agr 903.01 - Agr 903.03

Source. #6977, eff 4-21-99, EXPIRED: 4-21-07

PART Agr 904 MAPLE SYRUP

Statutory Authority: RSA 426:1, RSA 429:25

Agr 904.01 Purpose: These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 429:13 et seq., relative to grading, labeling, packaging and sale of maple products in New Hampshire.

Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

New. #4956, eff 10-19-90; EXPIRED 10-19-96

New. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14

Agr 904.02 Applicability: These rules shall apply to any person who produces, packages or distributes maple products for sale or distribution in the state, except as stated in Agr 904.05 (a).

Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

New. #4956, eff 10-19-90; EXPIRED 10-19-96

New. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14

Agr 904.03 Definitions: The following words shall have the meanings indicated when used in this part:

(a) “Act” means RSA 429:13-27;

(b) “Baume” means a measurement that relates the density of a liquid to that of a salt solution;

(d) “Buddy” or “Buddiness” means the unpleasant flavor characteristics of syrup or sugar made from sap collected from maple trees as they come out of dormancy, just prior to and during the onset of bud break;

(e) “Clean” means that the syrup is practically free from foreign material;

(f) “Color comparator” means any device that compares an unknown color with that of a standard color sample for comparison purposes;

(g) “Color standards” means the standards for maple syrup promulgated through regulation by the commissioner;

(h) “Commercial sugarmaker” means a person who collects or purchases maple sap for maple production and sale;

(i) “Damage” means any defect that affects the color, appearance, flavor, aroma, edibility or shipping quality of the maple syrup or maple products. Damage includes the presence of fermentation, or any buddy flavor, scorched flavor, or other distasteful foreign flavor;

(j) “Maple packer” means a person who purchases and packs or further processes maple syrup for sale;

(k) “Maple products” means only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added. Maple products include products subjected to the use of filter aids used for the sole purpose of assisting the removal of suspended material or the use of defoaming agents intended for food processing;

(l) “Maple syrup” means syrup with a density ranging from 36 to 37 degrees Baume or 66.9 to 68.9 degrees Brix at 60 degrees Fahrenheit, which is made from pure maple sap and intended for human consumption or for use in the manufacture of maple products;

(m) “Packaged maple syrup” means maple syrup packed in consumer sized containers of one gallon or less;

(n) “Plainly and conspicuously” means that the lettering used to cover information required by the law on markings is large and legible enough so as not to be obscured by other markings or illustrations used;

(o) “Practically clear” means slight presence in suspension of fine particles of mineral matter, such as malate of lime, niter, sugar sand or other substances that detract from the clearness of the syrup;

(p) “Practically free” means slight presence of foreign material such as bark, soot, dust or dirt;

(q) “Product code” means any distinctive combination of letters, numbers, or symbols, or any combination, from which the origin of the manufacture, processing, packing, holding, and distribution of a batch or lot of syrup can be determined;

(r) “Serious damage” means any defect that seriously detracts from the edibility, marketability, purity, or safety of the syrup and includes badly scorched syrup, buddy syrup, fermented syrup or syrup that has distasteful foreign flavor or disagreeable odor.

Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

New. #4956, eff 10-19-90; EXPIRED 10-19-96

New. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14

Agr 904.04 Color Standards.

(a) Color standards with the equivalent results to the following light transmittance values (%Tc) on a spectrophotometer shall be as follows:

(1) “Golden” ≥75.0;

(2) “Amber” 50.0-74.9;

(3) “Dark” 25.0-49.9; and

(4) “Very Dark” <25.0.

(b) A color comparator shall be used for determining the color grade of maple syrup.

Source. #2656, eff 3-23-84, EXPIRED 3-23-90

New. #4956, eff 10-19-90; EXPIRED 10-19-96

New. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14

Agr 904.05 Maple Syrup Grades Established.

(a) By January 1, 2016, maple producers shall apply the maple grades as specified in (b) through (f) below to all pure maple syrup.

(b) “Grade A Golden Color, Delicate Taste” shall have the following characteristics:

(1) The syrup shall be pure maple syrup that is clean and practically clear or better;

(2) The color shall be as light as or lighter in color than the golden color as described in Agr 904.04, and have a delicate or mild taste;

(3) The syrup shall be practically free from damage caused by objectionable odor or flavor, such as but not limited to scorching, buddiness or bitterness; and

(4) The syrup shall be free from serious damage.

(1) The syrup shall be pure maple syrup that is clean and practically clear or better;

(2) The color shall be darker in color than golden, but shall be no darker than the amber color as described in Agr 904.04, and have a rich or full-bodied taste;

(3) The syrup shall be practically free from damage caused by objectionable odor or flavor, such as but not limited to scorching, buddiness, or bitterness; and

(4) The syrup shall be free from serious damage.

(d) “Grade A Dark, Robust Taste” syrup shall have the following characteristics:

(1) The syrup shall be pure maple syrup that is clean and practically clear or better;

(2) The color shall be darker in color than amber, but shall be no darker than the dark color as described in Agr 904.04, and have a robust or strong taste;

(3) The syrup shall be practically free from damage caused by objectionable odor or flavor, such as but not limited to scorching, buddiness, or bitterness; and

(4) The syrup shall be free from serious damage.

(e) “Grade A Very Dark, Strong Taste” syrup shall have the following characteristics:

(1) The syrup shall be pure maple syrup that is clean and practically clear or better;

(2) The color shall be darker in color than dark as described in Agr 904.04, and have a very strong taste;

(3) The syrup shall be practically free from damage caused by objectionable odor or flavor, such as but not limited to scorching, buddiness, or bitterness; and

(4) The syrup shall be free from serious damage.

(f) “Processing Grade” syrup shall have the following characteristics:

(1) The syrup shall be pure maple syrup that may have objectionable odors or flavors;

(2) The syrup shall not be graded as grade A;

(3) The syrup shall not be placed in packaged maple syrup containers and shall not be sold, offered for sale, or exposed for sale as packaged maple syrup; and

(4) The syrup shall be designated or labeled as “Processing Grade”.

Source. #2656, eff 3-23-84, EXPIRED 3-23-90

New. #4956, eff 10-19-90; EXPIRED 10-19-96

New. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14 (from Agr 904.04)

Agr 904.06 Tolerances for Established Grades.

(a) In order to allow for variations incident to proper grading and handling, not more than 10 percent by count of the packaged maple syrup in any lot shall have syrup below the requirements for the grade, provided:

(1) There shall be no defects causing serious damage;

(2) None of the syrup shall be darker than the color standard than that which is required of the next darker grade; and

(3) None of the syrup shall be lighter than the color standard than that which is required of the next lighter grade.

(b) Not more than 10 percent by count of the packaged maple syrup in any lot shall be as light in density as 35.5 points Baume or 65.9 Brix at 60 degrees F.

Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

New. #4956, eff 10-19-90; EXPIRED 10-19-96

New. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14 (from Agr 904.05)

Agr 904.07 Labeling.

(a) Any maple syrup, maple product, maple flavored product or artificial maple flavored product label shall comply with applicable federal and state statutes, regulations, and rules, relating to labeling and consumer fraud.

(b) Artificial maple flavored products shall be clearly and conspicuously labeled on their principal display panel or panels with the term “artificial flavor” and meet the requirements of RSA 429:17.

(1) The letters or words “artificial flavor” shall be of a size equal to, or larger than, other words used to describe the product;

(2) The terms, “maple syrup” or “maple sugar”, however modified, shall not be used to describe an artificially-flavored product; and

(3) Any restaurant menu listing such a product, or any advertising of such a product, shall clearly state that the product is artificially flavored, pursuant to RSA 429:16.

(d) Persons wishing to determine whether the labels for maple products comply with the terms of the law and these rules shall submit a copy of such labels to the department of agriculture, markets and food prior to their printing and use. If the label complies with the terms of the law and these rules, the department shall certify its compliance with the provisions of the law.

Source. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14 (from Agr 904.06)

Agr 904.08 Containers.

(a) All sap collecting and storage containers shall be of materials meant for food or potable water.

(b) All containers of packaged maple syrup shall:

(1) Be hot packed at a temperature of 180-190 degrees F;

(2) Be packed in containers made from food grade material;

(3) Have tamper evident seals placed over the container openings, which means it would be readily apparent if it was previously opened; and

(4) Include a product code.

(1) Be clean;

(2) Be sanitary;

(3) Be free from rust;

(4) Not contain, or be constructed of, any substance which could tend to damage the color, flavor, marketability, purity, or safety of the maple syrup; and

(5) Be stored, prior to use, in a manner that prevents contamination.

(d) Maple syrup shall not be packed in or found to be in cracked, punctured, bulged, rusty, or unsanitary containers which are unsealed or improperly sealed.

Source. #6453, eff 2-15-97, EXPIRED: 2-15-05

New. #10744, eff 12-16-14 (from Agr 904.07)

Agr 904.09 Bulk Maple Syrup.

(a) Bulk maple syrup sold directly to consumers, restaurants, or any other market where the syrup is not further processed before purchase by the consumer shall meet the same density standards as packaged maple syrup.

(b) Bulk maple syrup sold directly to consumers, restaurants, or any other market where the syrup is not further processed before purchase by the consumer shall be labeled with the same information required by RSA 429:14.

(c) The density of bulk maple syrup may range from the equivalent of 35.5 points Baume (65.9 degrees Brix) to 37 points Baume (68.9 degrees Brix) when the syrup temperature is 60 degrees Fahrenheit. When the density of bulk maple syrup does not fall within this range the container shall be clearly marked “Notice- The syrup contained herein fails to meet state density standards. The density is ____ points Baume at 60 degrees Fahrenheit.” The accurate density for the syrup within the bulk container shall be stated.

Source. #10744, eff 12-16-14 (from Agr 904.08)

Agr 904.10 Voluntary Registration.

(a) New Hampshire maple packers and producers may register the name of the farm or business with the New Hampshire Department of Agriculture, Markets & Food. The application for registration shall be completed and submitted on form MPVR-14 “Maple Producer-Voluntary Registration Form”, furnished by the commissioner, as amended 11-3-14.

(b) Following receipt of a completed registration form, the department shall provide each registrant with a “Voluntary Registration Certificate” which may be displayed by the registrant or not at their option.

Source. #10744, eff 12-16-14

PART Agr 905 EGGS - EXPIRED

Source. #5981, eff 2-2-95, EXPIRED: 2-2-03

PART Agr 906 - RESERVED

Source. #4260, eff 4-30-87; ss by #4754, eff 1-30-90; amd by #5056, eff 1-25-91; amd by #5598, eff 3-22-93; ss by #6268, eff 6-25-96; rpld and reserved by #7838, eff 2-27-03

PART Agr 907 CIDER

Statutory Authority: RSA 434:40-b, 434:40-d

Agr 907.01 - 907.10

Source. #6588, eff 9-26-97, EXPIRED: 9-26-05

PART Agr 908 GRADING AND CERTIFICATION OR STAMPING OF NATIVE LUMBER - EXPIRED

Source. #6171, eff 1-24-96, EXPIRED: 1-24-04

PART Agr 909 - RESERVED

Source. #6431, eff 1-21-97; rpld and reserved by #7838, eff 2-27-03

PART Agr 910 CERTIFICATION OF PROCESSORS AND HANDLERS OF ORGANIC PLANT, ANIMAL, FOOD OR FIBER COMMODITIES

Statutory Authority: RSA 426:8

Agr 910.01 Purpose. These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 426:8, for the certification of processors and handlers of agricultural plant, animal, food or fiber commodities when adhering to these production standards.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

Agr 910.02 Scope. These rules shall apply to any processor or handler of agricultural plant, animal, food, or fiber commodities who is required to participate in this program pursuant to RSA 426:6-b certification.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

Agr 910.03 Definitions. The following words shall have the meanings indicated when used in this part:

(a) “Additional processing or handling facility” means a satellite location whereby supplemental certified products can be produced.

(b) “Commissioner” means the commissioner of agriculture, markets and food of the state of New Hampshire.

(d) “Handler” means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term does not include final retailers of agricultural products that do not process agricultural products.

(e) “Handling operation” means any facility or portion of a facility except final retailers of agricultural products that do not process agricultural products, that receives or otherwise acquires agricultural products and processes, packages, or stores such products.

(f) “On-farm processor” means a certified organic farmer who is certified under Agr 911 and who processes organic products at the same location whereby a minimum of 75% of the finished product’s ingredients are organically produced by the certified organic farmer. Such ingredients can include, but are not limited to, crops, grains, or herbs.

(g) “Organic system plan” means a plan of management of an organic production or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production or handling described in this part.

(h) “Primary facility” means the principal location whereby a processor produces the finished certified products, and is considered the corporate headquarters.

(i) “Processing” means cooking, baking, curing, heating, drying, mixing, grinding, churning, separating, extracting, slaughtering, cutting, fermenting, distilling, eviscerating, preserving, dehydrating, freezing, chilling, or otherwise manufacturing and includes the packaging, canning, jarring, or otherwise enclosing food in a container.

(j) “Processor” means any person, including an on-farm processor, engaged in the processing of agricultural ingredients into agricultural products. Such products can include, but are not limited to, human or animal food, fiber products, or personal care products.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

Agr 910.04 Certification of Processors and Handlers of Agricultural Commodities.

The definitions, standards and requirements for organic processors and handlers shall be those established by the United States Department of Agriculture (USDA) in 7 CFR 205, and in accordance with the Organic Foods Production Act, (OFPA) of 1990, as amended, 7 U.S.C. 6501 et seq.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

Agr 910.05 Application and Review for Certification.

(a) Applications for certification of processors, handlers, and on-farm processors shall serve as the organic production or handling system plan as described in Subpart C--Organic Production and Handling Requirements, 7 CFR 205.

(b) The following shall apply to facilities or individuals who wish to apply for and continue, organic processor, handler or on-farm processor certification through the NHDAMF:

(1) Each applicant shall complete an organic system plan for processors and handlers of organic products provided by the NHDAMF:

(2) Each application shall be submitted to:

NHDAMF Division of Regulatory Services

PO Box 2042

Concord NH 03302-2042

(3) Each applicant shall pay a non-refundable certification fee as follows:

a. Processors and handlers, other than on-farm processors, shall pay:

1. A $250.00 fee for the primary facility; and

2. A $100.00 fee for each additional processing or handling facility; and

b. On-farm processors shall pay a $50.00 fee;

(4) Each applicant for organic processor, handler, or on-farm processor certification shall pay an inspection fee calculated by the NHDAMF as follows:

a. rate of $35 per hour of inspection time, including travel time, by the NHDAMF inspectors; and

b. Travel expenses to and from the applicant’s facility at a rate of $0.55 per mile;

(5) The inspection fee shall be calculated after the inspection visit is completed and subsequent inspection report(s) has been filed with the NHDAMF;

(6) The inspection fee shall be payable within 30 days of the billing date; and

(7) Application submission may be at any time of the year.

(c) An applicant for organic processor, handler, or on-farm processor certification shall submit the following as part of the application:

(1) The name of applicant and applicant’s business name;

(2) The address, and if applicable, telephone, fax and email of the applicant;

(3) A description of type of processing or handling operation;

(4) A list of all organic processed products;

(5) A list of non-organic processed products, if applicable;

(6) A description of all product composition, including all sources of ingredients;

(7) A product processing flow chart;

(8) A description of the methods used to prevent commingling of organic and nonorganic products on a split operation;

(9) A list of the pest control products, and practices used, if applicable;

(10) A description of the recordkeeping system implemented;

(11) Copies of any labels to be used for the sale or advertising of organic products; and

(12) The applicant’s signature.

(d) The NHDAMF shall review all submitted application information, and all inspection reports to determine compliance with Agr 910 and 7 CFR 205. Approval or denial of certification shall be made pursuant to 7 CFR 205.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

Agr 910.06 Continuation of Certification.

(a) To continue certification, a certified processor, handler, or on-farm processor shall annually:

(1) Pay the certification and inspection fees in the amount stated in Agr 910.05; and

(2) Submit the required information, in the application form, to the NHDAMF as stated in 7 CFR 205.406.

(b) The NHDAMF shall review all submitted application information, and all inspection reports to determine compliance with Agr 910 and 7 CFR 205. Approval or denial of certification shall be made pursuant to 7 CFR 205.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

Agr 910.07 Use of the USDA Organic Seal and NHDAMF Organic Logo.

(a) A processor, handler, or on-farm processor certified by the NHDAMF shall use the USDA organic seal, the NHDAMF certified logo, or both, in accordance with Agr 910 and 7 CFR 205.

(b) Copies of proposed labels and advertisements, which exhibit the USDA organic seal, the NHDAMF certified logo, or both shall be submitted to the NHDAMF to determine compliance with this part.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

Agr 910.08 Recordkeeping.

(a) A certified processor, handling operation, or on-farm processor shall maintain records as stated in 7 CFR 205.103.

(b) Certified processors, handling operations, or on-farm processors that produce both organic and nonorganic agricultural commodities shall maintain the following records:

(1) Separate production and sale records; and

(2) Procedures implemented to prevent the commingling and contamination of the organic products from nonorganic products.

(c) Certified processors, handling operations, or on-farm processors that sell, or otherwise store organic and nonorganic agricultural commodities shall maintain the following:

(1) Sale records of such products; and

(2) Records of the sources of such products.

Source. #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

New. #8038, eff 2-10-04, EXPIRED: 2-10-12

New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

New. #10285, eff 3-12-13

PART Agr 911 CERTIFICATION OF ORGANICALLY PRODUCED PLANT, ANIMAL, FOOD OR FIBER COMMODITIES

Statutory Authority: RSA 426:8

Agr 911.01 Purpose. These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 426:8, allowing producers of agricultural plant, animal, food or fiber commodities to label such items as organic when adhering to these production standards.

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

Agr 911.02 Scope. These rules shall apply to any producer of agricultural plant, animal, food, or fiber commodities who is required to participate in this program as per RSA 426:6-b certification.

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

Agr 911.03 Definitions. The following words shall have the meanings indicated when used in this part:

(a) “Commissioner” means the commissioner of agriculture, markets and food of the state of New Hampshire;

(b) “NHDAMF” means the New Hampshire department of agriculture, markets and food; and

(c) “Organic system plan” means a plan of management of an organic production or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production or handling described in this part.

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

Agr 911.04 Organic Certification of Agricultural Commodities.

(a) The definitions, standards and requirements for organically produced agricultural plant, animal, food or fiber commodities shall be those promulgated by the United States Department of Agriculture’s National Organic Program (NOP), Final Rule, 7 CFR part 205, and in accordance with the Organic Foods Production Act, (OFPA) of 1990, as amended (7 U.S.C. 6501 et seq.).

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

Agr 911.05 Application for Certification.

(a) Applications for certification of agricultural commodities shall serve as the organic system plan as described in Subpart C--Organic Production and Handling Requirements of the NOP Final Rule, 7 CFR part 205.

(b) The following shall apply to organizations or individuals who wish to make application for organic certification through the NHDAMF:

(1) Each applicant shall describe his or her organic system plan to the NHDAMF, as specified in Subpart C--Organic Production and Handling Requirements of the NOP Final Rule, 7 CFR part 205;

(2) Each application shall be submitted to:

Department of Agriculture, Markets & Food

PO Box 2042

Concord, NH 03302-2042

(3) Each application shall be accompanied by a nonrefundable certification fee of $100;

(4) Each application for organic maple, horticultural and agronomic crops, and greenhouse production shall be accompanied by an inspection fee as listed in Table 911-1 Inspection Fees For Organic Maple, Horticultural and Agronomic, and Greenhouse Production:

Table 911-1 Inspection Fees for Organic Maple, Horticultural and Agronomic Crops, and Greenhouse Production

Production Type	Fee	Fee	Fee	Fee	Fee	Fee
	$50	$100	$200	$300	$400	$500
Agronomic crops, including hay & pasture; production # acres	50 or less	>50-100	>100-200	>200-300	>300-400	>400
Horticultural crops, including fruits & vegetable; production # acres	10 or less	>10-25	>25-75	>75-100	>100-250	>250
# Maple Taps	1000 or less	>1000-2000	>2000-3000	>3000-5000	>5000-10,000	>10,000
# Sq. Ft. controlled environ production	2000 or less	>2000-4000	>4000-6000	>6000-10,000	>10,000-20,000	>20,000

(5) Each application for organic livestock production shall be accompanied by an inspection fee as listed in Table 911-2 Inspection Fees for Organic Livestock:

Table 911.2 Inspection Fees for Organic Livestock

	Fee	Fee	Fee	Fee	Fee	Fee
	$50	$100	$150	$200	$300	$400
Animal Units (AU)	<4 AU	>4-20 AU	>20-40 AU	>40-60 AU	>60-80 AU	>80 AU

(6) Inspection fees for livestock shall be determined as indicated below:

a. To determine the number of animal units (AU) per animal type, the applicant shall use Table 911.3:

Table 911.3 Animal Unit (AU) Equivalent

Animal type	Animal Unit (AU) Factor
Beef Cow	1.00
Dairy Cow	1.40
Swine	0.20
Sheep	0.10
Turkeys and other fowl	0.01
Chickens	0.0025

b. An AU shall be calculated by multiplying the number of animals by the animal’s respective AU factor, as in the formula below:

# Animals of each type x AU factor = total number AU’s for each animal type

c. An AU shall represent 1000 pounds of live animal weight.

(7) An applicant with multiple animal types shall calculate the number of AU per species, then add these figures to get the total number of AU to determine the inspection fee; and

(8) Application submission deadlines shall be as follows:

a. For field crop production the deadline shall be March 1 of each year;

b. For maple products the deadline shall be February 1 of each year; and

c. For other types of organic production as listed in Tables 911-1 and 911-2 application submissions may be at any time of year.

(c) In addition to submitting the information and fees as required in Agr 911.05(b), an applicant for organic crop production shall submit the following as part of the application:

(1) The name of applicant and applicant’s business or farm name;

(2) The address, and if applicable, telephone, fax and email of the applicant;

(3) Description of farming operation;

(4) The farm size in acres, number of fields or greenhouses and a map showing the fields or greenhouses and building locations;

(5) A 3-year history of former and current crop production, pest control and fertilizer practices for each field, sugarbush or greenhouse;

(6) A list of each substance to be used as a production input, indicating its composition, source, location(s) where it will be used and documentation of commercial availability, as applicable;

(7) A crop rotation and a soil management plan;

(8) A description of the recordkeeping system implemented;

(9) A description of management practices and physical barriers utilized to prevent commingling of organic and nonorganic products on a split operation;

(10) A description of any distinct, defined boundaries and buffer zones as may be required by this part;

(11) A description of the management of plant, mineral, animal, other materials used in the improvement of the soil;

(12) A description of the weed control practice standards;

(13) A description of harvest or post-production handling methods of organic products;

(14) Copies of any labels to be used for the sale or advertising of organic products; and

(15) The applicant’s signature.

(d) In addition to submitting the information and fees as required in Agr 911.05(b), and Agr 911.05(c)(1),(2), (14) and (15), an applicant for organic maple production shall submit the following as part of the application:

(1) Number of taps in the sugaring operation;

(2) The location and a map of each sugarbush from which maple sap is obtained;

(3) If sap is received from the sugarbush of a person other than the applicant, a statement from the landowner indicating the landowner’s awareness of the conditions of these rules;

(4) A 3-year history, beginning with the current year, indicating the number of taps per year and the total maple syrup production per year in gallons;

(5) The sources and names of all defoamers, cleansers and other substances used in the production of maple products; and

(6) The processing and packing procedures for any maple products that are to be sold, labeled or represented as organic.

(e) In addition to submitting the information and fees as required in Agr 911.05(b) and Agr 911.05(c)(1),(2), (14) and (15), an applicant for organic mushroom production shall submit the following as part of the application:

(1) Specie(s) of mushrooms to be produced;

(2) Mushroom production methods; and

(3) The sources and composition of logs, substrate or other growing media.

(f) In addition to submitting the information and fees as required in Agr 911.05(b), and Agr 911.05(c)(1),(2), (14) and (15), an applicant for organic livestock production shall submit the following as part of the application:

(1) Place of origin of livestock;

(2) Sources of all organic feeds, silage, hay, pasture and other feed ingredients;

(3) All livestock health care practices, including the source(s) and name(s) of substances administered and the date(s) and rate(s) of application;

(4) A description of the housing and living conditions appropriate to the livestock species;

(5) Processing and packing procedures for any livestock products that are to be sold, labeled or represented as organic; and

(6) Pest control practices for livestock housing, feed storage and processing facility.

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

Agr 911.06 Continuation of Certification. To continue certification, a certified operation shall annually:

(a) Pay the certification and inspection fees as stated in Table 911-1 and Table 911-2; and

(b) Submit the required information, as applicable, to the NHDAMF as stated in Section 205.406 Continuation of Certification of the NOP Final Rule, 7 CFR part 205.

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

Agr 911.07 Use of the USDA Organic Seal and NHDAMF Organic Logo.

(a) A person certified by the NHDAMF shall use the USDA organic seal in accordance with the NOP Final Rule, 7 CFR part 205.

(b) A person certified by the NHDAMF may use the NHDAMF certified logo on agricultural commodities certified in accordance with this part, subject to the following conditions:

(1) No hand-drawn NHDAMF logo shall appear on an in-store sign; and

(2) Requests for use of the NHDAMF logo on the certified producer’s advertising material shall be submitted in writing to the department.

(c) Copies of proofs, which exhibit the USDA organic seal and/or the NHDAMF certified logo, shall be submitted to the NHDAMF.

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

Agr 911.08 Recordkeeping.

(a) A certified operation shall maintain records as stated in Section 205.103 Recordkeeping by Certified Operations, of the NOP Final Rule, 7 CFR part 205.

(b) Certified operations that produce both organic and nonorganic agricultural commodities shall maintain the following records:

(1) Separate production and sale records; and

(2) Procedures implemented to prevent the commingling and contamination of the organic products from nonorganic products.

(1) Sale records of such products; and

(2) The sources of such products.

Source. #7838, eff 2-27-03, EXPIRED: 3-27-11

New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

New. #10167, eff 8-3-12

APPENDIX

Rule	Specific State Statutes which the Rule Implements

Agr 904. 01-Agr 904.06	RSA 429:13-16
Agr 904.07-Agr. 904.08	RSA 429:14, RSA 429:16
Agr 904.09	RSA 429:14, RSA 429: 15
Agr 904.10	RSA 429: 13-a

Agr 910.01-Agr 910.03	RSA 426:8
Agr 910.04	RSA 426:6-b, I
Agr 910.05	RSA 426:6, RSA 426:8
Agr 910.06-Agr 910.07	RSA 426:6-a
Agr 910.08	RSA 426:6-b, I

Agr 911.01-Agr 911.03	RSA 426:8
Agr 911.04	RSA 426:6-b, I
Agr 911.05	RSA 426:6 and RSA 426:8
Agr 911.06 - Agr 911.07	RSA 426:6-a
Agr 911.08	RSA 426:6-b, I