TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
Chapter 426
STANDARDS FOR FARM PRODUCTS
Section 426:1
426:1 Official Grades and Standards. –
The commissioner of agriculture, markets, and food, whenever, in the commissioner's opinion, the public good so requires, may adopt rules, pursuant to RSA 541-A, establishing official grades and standards for farm products which are produced within the state for purposes of sale. Fees for maple product permits shall not be less than $33 and other product permits shall not be less than $13.
Source. 1985, 72:1. 1995, 130:5. 1997, 104:1, eff. June 9, 1997. 2025, 141:166, eff. July 1, 2025.
Section 426:2
426:2 Brands and Labels. –
When such grades and standards are so established, the commissioner may determine the design of brands or labels for identifying such farm products, may cause said brands or labels to be printed and may authorize their use upon written application and payment of reasonable compensation therefor. Whenever upon investigation it shall appear that such brands or labels have been misused, the commissioner may revoke or suspend said authorization.
Source. 1985, 72:1, eff. July 1, 1985.
Section 426:3
426:3 Publication. –
The establishment of such grades and standards and the determination of the design for such brands or labels shall not be effective until reasonable notice by publication has been given. The commissioner may distribute information relative to such grades, standards, brands and labels.
Source. 1985, 72:1, eff. July 1, 1985.
Section 426:4
426:4 Use of Brands and Labels Restricted. –
After the establishment of grades and standards and the determination of the design of the brands or labels as provided in this chapter, it shall be unlawful to use such brand or label to identify farm products as being of an established grade or standard without authorization for its use, or after the revocation of the right to use such brand or label by the commissioner. For the purpose of further protecting the grades as officially established by the commissioner, or any grades established under an act of Congress by the United States Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated. When, in the opinion of the commissioner or the commissioner's representative, it is believed that any lot or lots of such products so identified, advertised, designated, or described may not be of the grade indicated, the commissioner shall cause inspections of such products to be made for the purpose of determining the actual grade.
Source. 1985, 72:1. 1997, 104:2, eff. June 9, 1997.
Section 426:5
426:5 Use of Words "Native," "Local," and "Our Own." –
I. No farm products sold, offered, or exposed for sale or distribution in the state shall be advertised, labeled, or described as "native" unless they were grown or produced in the state of New Hampshire.
II. It shall be unlawful to advertise, label, or describe farm products sold, offered, or exposed for sale or distribution in this state in terms that are false, deceptive, or misleading as to the place of origin of the farm products. The term "our own" is deceptive when used to describe farm products unless they were grown or produced by the operator of the retail location. The terms "local," "locally grown," or "locally produced" are deceptive when used to describe farm products unless they were grown or produced within the state of New Hampshire.
Source. 1985, 72:1. 1997, 104:3, eff. June 9, 1997.
Section 426:6
426:6 Repealed by 2024, 252:3, I, eff. Sept. 17, 2024. –
Section 426:6-a
426:6-a Repealed by 2024, 252:3, II, eff. Sept. 17, 2024. –
Section 426:6-b
426:6-b Certification. –
I. [Repealed.]
II. The commissioner may enter into a cooperative agreement with the United States Department of Agriculture to become an accredited certifying agency as provided for by the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, and to implement the provisions thereof.
III. The commissioner may employ inspectors to certify agricultural producers, processors, on-farm processors and handlers in this state, and to determine whether or not agricultural plant, animal, food, or fiber commodities are marked, branded, or labeled in accordance with the labeling requirements set forth in this chapter and in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.
IV, V. [Repealed.]
VI. [Repealed.]
Source. 1986, 20:1, eff. June 17, 1986. 2002, 38:3, eff. April 19, 2002. 2003, 177:1, 2, eff. Aug. 22, 2003; 177:5, 7, eff. July 1, 2007. 2013, 136:3, eff. June 27, 2013. 2024, 252:3, III and IV, eff. Sept. 17, 2024.
Section 426:6-c
426:6-c Repealed by 2024, 252:3, V, eff. Sept. 17, 2024. –
Section 426:6-d
426:6-d Repealed by 2024, 252:3, VI, eff. Sept. 17, 2024. –
Section 426:7
426:7 Inspections. –
The commissioner may employ inspectors to inspect farm products, marked, branded or labeled in accordance with official grades or standards so established, for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Upon such investigation, the inspector may issue a certificate which shall state the date and place of inspection, the grade, condition and quality of the farm products inspected and such other facts as the commissioner may require. Such a certificate and all federal certificates relative to the condition or quality of said farm products shall be prima facie evidence in all courts of the state of the facts set forth in such certificates.
Source. 1985, 72:1, eff. July 1, 1985.
Section 426:7-a
426:7-a Stop Sale, Use or Removal Orders. –
When the commissioner or the commissioner's authorized agent has reasonable cause to believe farm products advertised as "native," "local," "locally grown," "our own," or "locally produced" are being distributed in violation of any of the provisions of this chapter, or of any of the rules adopted under this chapter, the commissioner or agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such farm products. The farm products shall not be sold, used or removed until the provisions of this chapter have been complied with and the farm products have been released by the commissioner or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
Source. 1985, 34:3. 1997, 104:4, eff. June 9, 1997.
Section 426:8
426:8 Rulemaking; Fees. –
The commissioner may adopt rules, pursuant to RSA 541-A, for carrying out the provisions of this chapter.
Source. 1985, 72:1, eff. July 1, 1985. 2002, 38:4, eff. April 19, 2002. 2003, 177:3, eff. Aug. 22, 2003; 177:6, eff. July 1, 2007. 2013, 136:4, eff. June 27, 2013.
Section 426:8-a
426:8-a Repealed by 2024, 252:3, VII, eff. Sept. 17, 2024. –
Section 426:9
426:9 Free Access. –
The commissioner, deputy commissioner, inspectors, or authorized assistants shall have free access at all reasonable times to any building or other place where farm products to which this chapter applies are believed to be held for purposes of sale, and may open any bags, crates, or other containers found therein and examine their contents, for the purpose of enforcing the provisions of this chapter. Samples may be removed therefrom by tendering to the holder thereof the market price for the samples.
Source. 1985, 72:1, eff. July 1, 1985.
Section 426:10
426:10 Penalties. –
I. Any person who, personally or by a servant or agent, violates any provision of this chapter or rule adopted under this chapter shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this chapter or any rule adopted or order issued under this chapter shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this chapter, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source. 1985, 72:1. 1991, 44:1. 1997, 104:5, eff. June 9, 1997.
Apples
Section 426:11
426:11 Requirements for Production, Sale and Marketing. –
Requirements for production, sale, and marketing of apples in New Hampshire shall be identical to the requirements promulgated by the secretary of the United States Department of Agriculture.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:12
426:12 Hearings. –
When the commissioner learns of any violation of any provision of this subdivision he or she shall cause notice of such violation, together with a copy of the findings, to be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner, under RSA 541-A. Affidavits under oath may be received by the commissioner of agriculture, markets, and food.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Cider
Section 426:13
426:13 Definitions. –
In this subdivision:
I. "Cider" means the unfermented juice of apples.
II. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
III. "Person" means any individual, firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:14
426:14 Manufacture and Sale. –
The commissioner may adopt rules, pursuant to RSA 541-A, relative to the manufacture, blending, labeling, and sale of cider in New Hampshire. Such rules shall be designed to ensure the following:
I. That any cider which is claimed or implied to have been produced in New Hampshire is in fact produced in New Hampshire.
II. That the term "cider" have a specific commercial definition in New Hampshire, and that the term's commercial use in New Hampshire be restricted to the sale of products which fall under that definition.
III. That all other terms used in the labeling and sale of cider and cider blends in New Hampshire be consistent and clear.
IV. That any container of cider sold in New Hampshire bears a label which clearly identifies its producer, and which conspicuously and accurately describes its contents.
V. That unpasteurized cider may be sold within the state if such cider is clearly labeled as unpasteurized.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:14-a
426:14-a Prohibitions. –
It shall be unlawful in New Hampshire to manufacture, sell, or distribute cider or any product called "cider" by any means that violate any of the provisions of this subdivision, or any of the rules adopted under this subdivision.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:15
426:15 Administrative Authority; Inspectors; Rulemaking. –
The commissioner shall have general authority to administer and enforce the provisions of this subdivision and may adopt rules pursuant to RSA 541-A as are necessary to carry out the purposes of this subdivision. The commissioner or duly authorized agent shall have free access at all reasonable hours to any place, building, or vehicle in which apple cider is manufactured, sold, offered, or exposed for sale or exchanged or distributed at retail or wholesale. The commissioner or duly authorized agent shall have authority to open any package or container, and may upon tendering the market price take such container and its contents or sample from the package or container.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:16
426:16 Stop Sale, Use or Removal Orders. –
When the commissioner or duly authorized agent has reasonable cause to believe cider is being distributed in violation of any of the provisions of this subdivision, or any of the rules adopted under this subdivision, the commissioner or duly authorized agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such cider. The cider shall not be sold, used, or removed until the provisions of this subdivision have been complied with and the cider has been released by the commissioner or duly authorized agent or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:17
426:17 Hearings. –
When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner. Affidavits under oath may be received by the commissioner.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Grading and Certification or Stamping of Native Lumber
Section 426:18
426:18 Grading and Certification or Stamping of Native Lumber. –
I. For the purposes of this subdivision, "native lumber" means wood processed in the state of New Hampshire by mills registered in accordance with the provisions of RSA 227-I. Such wood shall be considered certified or stamped in accordance with the requirements of this section.
II. (a) Notwithstanding any provision of law to the contrary, a mill registered in accordance with RSA 227-I selling native lumber shall, when required, certify in writing to the purchaser on a form approved by the commissioner of agriculture, markets, and food that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade in accordance with the conditions set forth in the American Softwood Standard PS 20-70, or as amended, provided that lumber for use in load bearing wall members shall be of stud grade minimum. The certificate shall include wood species, quantity, location of use, green or dry, sawmill name, name of permitted grader and date. The certification shall be filed with the local building official having jurisdiction as part of the building permit application.
(b) Notwithstanding subparagraph (a), a mill registered in accordance with RSA 227-I selling native timber may stamp such timber.
III. The commissioner of agriculture, markets, and food, in consultation with the division of forests and lands and the University of New Hampshire cooperative extension, shall establish standards for mill graders who will stamp or certify native lumber. The commissioner shall issue a written permit to each mill grader who has received training and who demonstrates by examination or other procedure prescribed by the commissioner in rulemaking, competence, and ability to grade and certify or stamp native lumber in accordance with paragraph II of this section. No lumber shall be sold as certified or stamped native lumber unless it is accompanied by a certificate signed by a grader holding a valid permit.
IV. Any municipality which has adopted a building code which requires regular grade stamped lumber shall accept a stamp or a certificate prepared pursuant to this subdivision which certifies that the native lumber meets the appropriate structural standards in lieu of an accepted and recognized lumber grading stamp. Any structure which is built with such approved native lumber shall be considered equivalent to a structure built with regular grade stamped lumber.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:19
426:19 Rulemaking. –
The commissioner of agriculture, markets, and food shall adopt rules, under RSA 541-A, necessary to administer this subdivision.
Source. 2024, 252:1, eff. Sept. 17, 2024.
Section 426:20
426:20 Prohibited Acts; Administrative Penalty. –
It shall be unlawful for any person to sell any lumber as stamped or certified native lumber unless such lumber has been graded and certified or stamped in accordance with RSA 426:18. Any person who violates any provision of this subdivision or any rule or order adopted or issued under this subdivision shall be liable for an administrative fine not to exceed $1,000 for each violation.
Source. 2024, 252:1, eff. Sept. 17, 2024.