TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 435
ANIMAL CARE, BREEDING AND FEED

Commercial Feed

Section 435:20

    435:20 Registration. –
I. No person shall manufacture a commercial feed in this state unless he has filed with the department of agriculture, markets, and food, on forms provided by the department, his name and place of business and the location of each manufacturing facility in this state.
II. No person shall distribute in this state a commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this section. Applications for registration, accompanied by a $120 per-product registration fee, shall be submitted in a manner prescribed by the commissioner. Upon approval by the commissioner, a registration shall be issued to the applicant. All registrations shall expire on December 31 of each year.
III. The commissioner may refuse to register any commercial feed not in compliance with the provisions of this subdivision and to cancel any registration subsequently found not to be in compliance with any provision of this subdivision; provided that upon the refusal of registration, the $120 registration fee shall be returned to the applicant; and provided further that no registration shall be refused or canceled unless the applicant or registrant has been given an opportunity to appear at a hearing before the commissioner and to amend his or her application in order to comply with the requirements of this subdivision.
IV. (a) One-half of the fees collected under this section shall be deposited with the state treasurer into a separate, nonlapsing account to be known as the agricultural products regulatory fund. The remainder of the fees collected under this section shall be deposited in the general fund, provided that for each biennium, the commissioner of agriculture, markets, and food shall include in the department's biennial request for appropriations pursuant to RSA 9:4 an amount sufficient to fund an adequate cost of care fund as provided in RSA 437-B:1.
(b) The purpose of the agricultural products regulatory fund shall be to regulate agricultural products, including the inspection, sampling, and testing of commercial feed under RSA 435:19, plant and soil additives under RSA 431:1-a, and horticultural growing media under RSA 433-A:3 for consistency with label guarantees; undertaking compliance and enforcement actions; and contributing to the maintenance costs of the departmental electronic data processing system.

[Paragraph V repealed by 2021, 91:306, effective 2 years from certification that the animal records database is operational.]


V. The commissioner shall transfer funds from the agricultural products regulatory fund established under RSA 435:20, IV to the animal records database fund established in RSA 437:8-a to develop and make operational the animal records database. The commissioner shall certify to the secretary of state and the director of the office of legislative services the date on which the animal records database is operational. For 2 years after such certification, if needed for database operation and maintenance, the commissioner may continue to transfer additional funds from the agricultural product and scale testing fund to the animal records database fund for this purpose.

Source. 1985, 72:1. 1992, 289:48, 50. 1995, 130:4. 1999, 21:1, eff. July 1, 1999. 2005, 215:2, eff. July 1, 2005. 2020, 37:97, eff. July 1, 2020. 2021, 91:305, eff. July 1, 2021. 2024, 319:6, eff. July 1, 2025. 2025, 141:165, eff. July 1, 2025.