Agr 1000 Seal of Quality

CHAPTER Agr 1000 SEAL OF QUALITY

Statutory Authority: RSA 426:1, RSA 426:2, RSA 426:8, RSA 426:14, and RSA 426:15.

REVISION NOTE:

Document #14554, effective 4-7-26, repealed Section Agr 1003.06, in Part Agr 1003, titled “Raspberries”.

PART Agr 1001 PURPOSE AND SCOPE

Agr 1001.01 Purpose. These rules implement the procedures of the department of agriculture, markets, and food pursuant to RSA 426:1 through RSA 426:17, and provide quality standards for farm products to be met for the use of the state of New Hampshire seal of quality design in connection with the sale of those farm products.

Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90

New. #5196, eff 7-31-91, EXPIRED 7-31-97

New. #6734, eff 4-21-98, EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Agr 1001.02 Scope. These rules shall apply to any New Hampshire agricultural producer who elects to participate in the seal of quality program.

Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90

New. #5196, eff 7-31-91, EXPIRED 7-31-97

New. #6734, eff 4-21-98, EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

PART Agr 1002 GENERAL REQUIREMENTS

Agr 1002.01 Application For Permit.

(a) A producer of New Hampshire farm products may obtain an application for a permit to use the New Hampshire seal of quality design in connection with the sale of applicable farm products by writing to the New Hampshire department of agriculture, markets, and food, division of regulatory services, One Granite Place, South, Suite 211, Concord, NH 03301.

(b) An applicant for a permit to use the New Hampshire seal of quality on farm products shall complete and submit Form SQ-1 “Application for Permit To Use the Seal of Quality on Farm Products,” as amended 3-31-26.

(c) The applicant shall attest to the following certification on the Form SQ-1”Application for Permit To Use the Seal of Quality on Farm Products:” “I have read the rules governing the Seal of Quality Program and agree to comply with all provisions established therein. I further agree to cooperate with the Department of Agriculture, Markets, and Food in regard to periodic inspection visits, and to furnish upon request sample containers, labels, or advertising material bearing the design.”

(d) Permit applications, furnished by the commissioner, shall be accompanied by an annual permit fee for each covered commodity in the amount of $33 for maple products, and $13 for all other covered commodities, payable to Treasurer, State of New Hampshire.

(e) Prior to the issuance of an initial permit by the department an inspection shall be made by the department to determine compliance with the rules for the product or products as stated in Agr 1003.

(f) Renewal permits may be subject to an annual inspection by the department.

(g) Within 30 days following an inspection the department shall issue a permit for the use of the seal of quality design if the applicant has complied with Agr 1003.

(h) The department shall notify the applicant in writing of the reason(s) for denial of a permit.

(i) For those who receive a permit denial, within 10 days following receipt of an official denial from the department, the applicant may implement corrective actions in order to comply with the seal of quality standards.

(j) For those who receive a denial, and implement corrective actions, a follow up inspection shall be conducted to verify compliance with the seal of quality standards.

(k) Within 10 days following receipt of an official permit denial from the department, the applicant may request a hearing to show reasons why the permit should not be denied.

(l) The following shall apply for permits:

(1) A permit holder shall be issued an official seal of quality permit with a number, which shall be the same for each year; and

(2) All permits shall be issued annually for the period of July 1 to June 30 of the following year, and permits shall expire on June 30 if not renewed.

Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90

New. #5196, eff 7-31-91, EXPIRED 7-31-97

New. #6734, eff 4-21-98 (from Agr 1001.01), EXPIRED:

4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Agr 1002.02 Revocation of Permit. The seal of quality permit shall be revoked by the commissioner when it has been determined through investigation that any of the rules of this chapter have been violated, provided that:

(a) The department has notified the permit holder in writing of the reason(s) for revocation of a permit and unless the noncompliances are corrected within 30 days of the date of the notification, the revocation will become effective and, the permit shall be revoked;

(b) For those who receive a notice of revocation and implement corrective actions, a follow up inspection shall be conducted by the department to verify compliance with the seal of quality standards; and

(c) Within 21 days after a revocation of permit becomes effective, , the permit holder may make a written request for a hearing pursuant to Agr 200.

Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90

New. #5196, eff 7-31-91, EXPIRED 7-31-97

New. #6734, eff 4-21-98 (from Agr 1001.02), EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Agr 1002.03 Seal of Quality Use.

(a) A person holding a current seal of quality permit may use the seal of quality design on containers, labels, signs, advertising, or other informational or promotional material.

(b) It shall be prohibited to use the seal of quality design, or infer an active seal of quality permit, on or for the sale or presentation of any container, label, sign, advertising, or other information or promotional material without an active yearly seal of quality permit.

Source. #2123, eff 8-20-82; ss by #2824, eff 8-20-84, EXPIRED 8-20-90

New. #5196, eff 7-31-91, EXPIRED 7-31-97

New. #6734, eff 4-21-98 (formerly Agr 1001.03), EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

PART Agr 1003 PRODUCTS THAT MAY BEAR THE SEAL

Agr 1003.01 Apples. The following requirements shall apply for use of the seal of quality design on apples:

(a) A packer of New Hampshire apples may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active;

(b) A packer of New Hampshire apples shall only use the state of New Hampshire seal of quality design on apples in compliance with RSA 426:11-12, Agr 901, and Agr 1003;

(c) Apples shall be marked in accordance with the provisions of the U.S. Standards for Grades of Apples; 7 CFR, Section 51.300-51.322, effective October 31, 2019;

(d) Apples shall meet the requirements of one of the following grades, and associated color and tolerances, as specified in U.S. Standards for Grades of Apples, 7 CFR, Section 51.300-51.322, effective October 31, 2019:

(1) U.S. Extra Fancy;

(2) U.S. Fancy; or

(3) Combination of U.S. Extra Fancy and U.S. Fancy;

(e) Apples shall meet the “Condition After Storage” or “Transit Standards” as specified in the U.S. Standards for Grades of Apples, 7 CFR, Section 51.300-51.322, effective October 31, 2019; and

(f) Apples shall be packaged in accordance with the “Packing Requirements” standards as specified in the U.S. Standards for Grades of Apples, 7 CFR, Section 51.300-51.322, effective October 31, 2019.

Source. #6734, eff 4-21-98 (from Agr 1002.01), EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Agr 1003.02 Cider.

(a) The following definitions apply to this section:

(1) “Cider” means “cider” as defined in RSA 426:13, I, namely “the unfermented juice of apples;”

(2) “Clean” means free from decay and foreign material;

(3) “Commissioner” means “commissioner” as defined in RSA 426:13,II, namely, the “commissioner of the department of agriculture, markets, and food” or the commissioner’s authorized agent;

(4) “Drop” means an apple that was in contact with the ground, storage cooler, or pressing room floor;

(5) “Food grade” means a material permitted to come into direct contact with food meant for human consumption;

(6) “Pasteurization” means processing cider via a manner proven to effectively reduce harmful microbial populations to a level that does not cause foodborne illness;

(7) “Person” means “person” as defined in RSA 426:13, III, namely “any individual, firm, company, partnership, corporation, association, cooperative, business trust or legal entity of any kind;”

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

(9) “Sanitize” means the cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance; and

(10) “Serious damage” means any defect that materially detracts from the edibility or market value of the cider. The term includes fermentation, distasteful foreign flavor, and disagreeable odor;

(b) The following requirements shall be met for use of the seal of quality design on cider:

(1) A producer of New Hampshire cider may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active; and

(2) Cider shall be produced, packaged and labeled in accordance with RSA 426:1-10, RSA 426:13-17, Agr 907, and Agr 1003;

(d) Cider shall have the following characteristics:

(1) It shall not be made from concentrate; and

(2) It shall be free from serious damage;

(e) Additional processing and packaging requirements for cider shall be as follows:

(1) Cider processing shall be done in an enclosed building which shall be constructed and equipped as follows:

a. The floors shall be constructed of easily cleanable materials and shall provide drainage;

b. The walls and ceilings shall be constructed of easily cleanable materials; and

c. Hot water at a temperature of 140 degrees F or higher or steam shall be available on the premises for cleaning equipment;

(2) All apples shall be washed and brushed with potable water or water that has been treated with a substance or method that renders it safe for cleaning fruit prior to processing into cider;

(3) Cider shall be filtered or screened through stainless steel mesh, filter paper, or other suitable material sufficient to remove coarse material and to minimize the presence of sediment;

(4) Storage vessels used to store cider post manufacturing and prior to bottling shall be covered;

(5) Retail containers shall be kept refrigerated at a temperature of 45 degrees F or set in ice;

(6) Containerized cider shall:

a. Be labeled with the statement, “Keep Refrigerated”;

b. Not be labeled as being “fresh” unless it is raw, never been frozen, and contains no preservatives; and

c. Be labeled with a product code, permanently placed on each container in such a manner that the code cannot be separated from the container, such as on the cap or tag tied to the container;

(7) All cider containers and caps shall:

a. Be food grade;

b. Be new;

c. Be clean and sanitary;

d. Be stored prior to use in a manner that prevents contamination; and

e. Not contain or be constructed of any substance which could damage the flavor of the cider;

(8) The cap or other closing mechanism of any cider container shall be tamper evident, which means it would be readily apparent if it was previously opened; and

(9) Containerized cider shall not be packed in or found to be in cracked, punctured, bulged, rusty, unsealed, or unsanitary containers;

(f) Additional manufacturing requirements for cider shall be as follows:

(1) All press racks shall be:

a. Made of hardwood, food grade plastic, or stainless steel;

b. Cleaned and sanitized each day of use; and

c. Stored off the floor at all times;

(2) Tubing used to transport pomace or cider shall be made of food grade material and shall be cleaned and sanitized each day of use;

(3) All vessels used to store cider post manufacturing and prior to bottling shall be made of stainless steel or food grade plastic;

(4) In no case shall material constructed of the following substances be used in storage or bottling of cider:

a. Copper;

b. Galvanized metal;

c. Metal soldered with solder or flux containing more than 0.2 percent lead; and

d. Any other substance which could cause serious damage;

(g) Drop apples shall not be processed into cider; and

(h) Cider may be blended with the natural juices derived from fruit other than apples if labeled according to RSA 426:14,IV.

Source. #6734, eff 4-21-98 (from Agr 1002.02), EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Agr 1003.03 Shell Eggs. The following requirements shall apply for the use of the seal of quality design on shell eggs:

(a) A packer of New Hampshire shell eggs may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active;

(b) A packer of New Hampshire shell eggs shall only use the state of New Hampshire seal of quality design on eggs in compliance with RSA 428:22-29-a, Agr 905, and Agr 1003;

(d) The following labeling, sizing, grading, processing, and handling requirements shall be met:

(1) Cartons shall be labeled with the following information in addition to that required in RSA 428:22-29-a:

a. The name and address of the packer or permit holder; and

b. The packing date and product code;

(2) Eggs shall be sized and conform to the size classifications list in the U.S. Standards, Grades and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000, as promulgated by the U.S. Department of Agriculture, available as specified in Appendix II; and

(3) Eggs shall be graded and conform to Grade AA or A classifications and methods listed in the U.S. Standards, Grades and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000, as promulgated by the U.S. Department of Agriculture, available as specified in Appendix II.

Source. #6734, eff 4-21-98 (from Agr 1002.03), EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Agr 1003.04 Maple Products.

(a) A producer or packer of New Hampshire maple products may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active.

(b) A packer of New Hampshire maple products shall use the state of New Hampshire seal of quality design on products sourced only from seal of quality permit holders.

(c) Maple products shall be compliant with all applicable provisions of RSA 429:13-19, RSA 429:25-a--27, Agr 904, and Agr 1003.

(d) Maple syrup shall meet one of the grades established in Agr 904.06(a)-(d).

(e) The following filter requirements for maple syrup shall be met:

(1) Sap filters shall be clean at the time of use with no evidence of mold or odors that may cause an off flavor;

(2) Filtering materials, including but not limited to, a filter press, filter papers, wool, or synthetic cone filters, shall be clean with no evidence of mold or odors that may cause an off flavor;

(3) Only food grade lubricant shall be used in the filter press pump; and

(4) Diatomaceous earth used shall be food grade, and shall be placed in a clean dry container with a lid.

(f) The following container requirements for maple syrup shall be met:

(1) Drums and other bulk containers shall be stored and treated in a manner to prevent contamination;

(2) Drums and other bulk containers not actively being filled shall be protected from debris and pests via sealed bungs or other means;

(3) Drums that have been labeled “not for reuse” shall not be used;

(4) Only new containers for packaged maple syrup shall be used;

(5) Packaged maple syrup shall be filled to provide adequate space to make certain that the inner seal is properly sealed, then capped; and

(6) All containers used for packaged maple syrup shall be stored in a manner that will prevent contamination from debris, animals, or other sources, prior to filling.

(g) The following requirements shall apply to buildings where maple sap and maple syrup is stored, produced, further processed, or packaged:

(1) All light bulbs over sap or syrup, including over tanks, releasers, boiling pans, filters, and canning equipment, shall be protected by shields or slip on tubes to prevent broken glass from falling into food contact equipment, sap, or syrup;

(2) The interior and exterior of buildings shall be clean and free of debris;

(3) There shall be protection to prevent contamination from falling into a tank, pan, or other containers that will contact sap or syrup;

(4) All surfaces in the buildings which could contact sap or syrup shall be clean and free from dirt, mold, debris, or evidence of pests at the time of use;

(5) The producer shall document the startup cleaning procedures used for tank, pans, and all food-contact equipment; and

(6) Floors shall be of concrete or some other material capable of being easily cleaned.

(h) The following requirements shall be met for materials that will contact sap or syrup:

(1) The materials shall not:

a. Have previously held non-food grade products;

b. Have previously held food considered an allergen; and

c. Be rusty or have painted interiors; and

(2) Tubing and pipes used for sap and syrup transfer shall be foodgrade.

(i) The following sanitation requirements for maple syrup shall be met:

(1) Clean water, liquid soap, and disposable towels shall be present for hand washing;

(2) Domestic animals shall not be in the rooms where sap and syrup are being boiled, packed, or otherwise processed; and

(3) A supply of clean, hot water shall be readily available for cleaning equipment, and pond or brook water shall not be used for cleaning equipment;

(j) Chemicals used in a maple operation shall meet the following requirements:

(1) Pesticides shall not be kept in any room where sap or syrup is present;

(2) Equipment cleaners and petroleum products shall be stored in such a way as to prevent contamination of sap and syrup; and

(3) A response plan shall be in place in the event of a chemical spill.

(k) Maple operations shall not use any lead-containing equipment.

Source. #6734, eff 4-21-98 (formerly Agr 1002.04), EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Agr 1003.05 Honey. The following requirements shall apply for use of the seal of quality design on honey:

(a) A producer or packer of New Hampshire honey may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active;

(b) Honey shall be compliant with all applicable provisions of RSA 429:13-27;

(c) Honey shall meet one of the following grades from the United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), as provided in “United States Standards for Grades of Extracted Honey”, AMS 52, effective May 23, 1985, available as noted in Appendix II:

(1) U.S. Grade A; or

(2) U.S. Grade B;

(d) Honey packages shall be labeled to state the predominant floral source and possess the color and flavor specific to that type except that when a single floral source is not predominant or the floral source is not known, then the label shall state "wildflower"; and

(e) Honey shall not have a moisture greater than 18.6 percent by volume.

Source. #6734, eff 4-21-98 (formerly Agr 1002.05), EXPIRED: 4-21-06

New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36

Appendix I

Rule	Specific State Statute the Rule Implements
Agr 1001.01-Agr 1001.02	RSA 426:1: RSA 426:2
Agr 1002.01	RSA 426:1, RSA 426:2, RSA 426:4, RSA 426:8
Agr 1002.02	RSA 426:1, RSA 426:7, RSA 426:7-a
Agr 1002.03	RSA 426:2
Agr 1003.01	RSA 426:1; RSA 426:2, RSA 426:11
Agr 1003.02	RSA 426:1-2, RSA 426:13-15
Agr 1003.03	RSA 426:1-2, RSA 428:22-27, RSA 438:22-26-a
Agr 1003.04	RSA 426:1, RSA 426:2, RSA 429:13-19, RSA 429:25
Agr 1003.05	RSA 426:1, RSA 426:2, RSA 429:13-25

Appendix II

Rule

Material Incorporated

How Materials May Be Obtained

Agr 1003.03(d)(2) and (3)

U.S. Standards, Grades and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000

https://www.ams.usda.gov/grades-standards/shell-egg-grades-and-standards

The document is available on the website to the public at no cost.

Agr 1003.05(c)

United States Standards for Grades of Extracted Honey, U.S. Department of Agriculture, Agricultural Marketing Service, AMS 52, effective May 23, 1985.

https://www.ams.usda.gov/grades-standards/extracted-honey-grades-and-standards.

The document is available on the website to the public at no cost.