CHAPTER Agr 1700
TRANSFER OF ANIMALS AND BIRDS
Statutory
Authority: RSA 437:5
PART Agr
1701 PURPOSE
Agr 1701.01 Purpose. These rules establish
standards for the regulation of animal health and welfare that are consistent
with the pattern established in statute by the legislature. Animal health regulation focuses on those
conditions that pose a threat to public health, that would require regulatory
intervention to protect the economy of the state, or both.
Source. #1722, eff 2-26-81; ss by #2176, eff
11-30-82; ss by #2858, eff 9-24-84, EXPIRED 9-24-90
New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95;
ss by #6832, eff 8-25-98, EXPIRED: 8-25-06
New. #8763, eff 11-22-06; ss by #10834, eff
5-21-15; ss by #14164, eff 12-31-24
Agr 1701.02 License Required. Any
person that transfers the following number of animals customarily used as
household pets to the public between July 1 and June 30 of each year shall be
licensed pursuant to RSA 437:3:
(a) Thirty or more dogs;
(b) Thirty
or more cats;
(c) Thirty
or more ferrets;
(d) Fifty
or more birds;
(e) Three
hundred fifty or more fish;
(f) Two hundred or
more reptiles;
(g) Two
hundred or more amphibians; or
(h) Two
hundred small mammals.
Source. #13132, eff 11-20-20; ss by #14164, eff 12-31-24
Agr 1701.03 License Exemption for Feeder Fish
and Rodents.
(a) Fish
and rodents that are typically sold for the purposes of being used to feed
other species such as reptiles, amphibians, and carnivorous fish shall not be
included in calculating the total numbers in Agr
1701.02.
(b) Any
person not licensed pursuant to RSA 437 and selling feeder fish or rodents to a
member of the public may have the buyer sign a statement that the fish or
rodents being purchased are solely intended for the purposes of feeding. Should the seller not maintain such records,
the seller shall obtain a license when the numbers of any category of animal
transferred reach the thresholds set forth in Agr
1701.02 (e)-(h).
Source. #13132, eff 11-20-20; ss by #14164, eff 12-31-24
PART Agr
1702 DEFINITIONS
Agr 1702.01 Definitions. As
used herein:
(a) “Animal”
means an animal customarily used as a household pet;
(b) “Bird”
means any bird customarily used as a household pet;
(c) “Broker”
means a “pet vendor” as defined in RSA 437:1, IV that does not own or operate a
physical facility within New Hampshire;
(d) “Carapace”
means a bony or chitinous case or shield covering the back or part of the back
of an animal;
(e) “Department” means the department of
agriculture, markets, and food of the state of New Hampshire;
(f) “Foster
facilities” means premises which are not in the business of transferring
animals because they house animals solely for medical or behavioral
rehabilitation when the animals are owned by a license-holder for another
premises;
(g) “License
holder” means any person to whom a license has been issued by the department
for a premises used to house, harbor, or display animals intended for transfer
to the public;
(i) “Official
certificate of transfer waiver” means “official certificate of transfer waiver”
as defined in RSA 437:8, III;
(j) “Person”
means any individual, firm, corporation, or other entity engaged in the
business of transferring to the public animals customarily used as household
pets;
(k) “Pet
vendor” means “pet vendor” as defined in RSA 437:1, IV;
(l) “Primary enclosure” means a structure with 4
or more sides that is used as a housing unit for an animal;
(m) “Reasonable
times” means the license holder’s 8 regular, posted open hours between 8 am and
4 pm, Monday through Friday;
(n) “State”
means the state of New Hampshire;
(o) “Turtles”
means all chelonia, including tortoises and terrapins
being sold as household pets; and
(p) “Zoonotic
disease” means an illness that is transmissible to humans from animals
customarily used as household pets.
Source. #1722,
eff 2-26-81; ss by #2176, eff 11-30-82; ss by #2858, eff 9-24-84,
EXPIRED 9-24-90
New. #5121, eff 4-25-91; ss by #6040, eff 5-18-95;
ss by #6832, eff 8-25-98, EXPIRED: 8-25-06
New. #8763, eff 11-22-06; ss by #10834, eff
5-21-15 (from Agr 1701.01); and by #13132, eff
11-20-20; ss by #14164, eff 12-31-24
PART Agr
1703 BIRDS
Agr 1703.01 Importing
and Transporting Birds Into the State of New Hampshire.
(a) No
person shall import, transfer, or display any bird in the state from outside of
the state until they have complied with the requirements of this section and Agr 2100.
(b) Any
bird brought into the state for transfer or to be otherwise displayed by
any person as defined herein shall be accompanied by a permit issued by the
department as required in Agr 2100.
(c) Permits
for importation of birds into the state shall be obtained from
the department, One Granite Place South, Suite
211, Concord, NH 03301, telephone: 603-271-2404.
(d) All
birds entering the state shall be accompanied by a certificate of veterinary
inspection from the state or country of origin.
(e) All
certificates required hereunder shall be countersigned by the appropriate
regulatory authority of the state or country of origin.
(f) One
copy of each certificate shall accompany all shipments of birds.
(g) Certificates
required hereunder shall be acceptable only if issued not more than 30 days
prior to the date of entry into New Hampshire.
Source. #6832, eff 8-25-98, EXPIRED: 8-25-06
New. #8763, eff 11-22-06; ss by #10834, eff
5-21-15 (formerly Agr 1701.02); ss by #14164,
eff 12-31-24
Agr 1703.02 Written
Records.
(a) All
persons shall keep a written record of all individual transfers of all birds in
the state customarily used as household pets.
(b) The
record shall include the following information:
(1) Date of transfer;
(2) Name and address of transferee; and
(3) Species and number of birds.
Source. #6832, eff 8-25-98, EXPIRED: 8-25-06
New. #8763, eff 11-22-06; ss by #10834, eff
5-21-15 (formerly Agr 1701.03); ss by #14164,
eff 12-31-24
PART
Agr 1704 OPERATING
STANDARDS FOR PREMISES LICENSED TO HOUSE, HARBOR, OR DISPLAY ANIMALS
IN NEW HAMPSHIRE
Agr 1704.01 Animal
Facilities.
(a) Housing
for animals shall be:
(1) Structurally sound; and
(2) Maintained in good repair to:
a. Protect the animals from
injury;
b. Contain the animals; and
c. Prohibit the entrance of
other animals.
(b) The
facility shall have reliable and adequate electric power, if required to comply
with other provisions of this section, and adequate potable water.
(c) Supplies
of food and bedding shall be stored in facilities that adequately protect such
supplies against infestation or contamination by
vermin. Refrigeration shall be provided for supplies of perishable
food.
(d) The
following provisions for waste disposal shall be made:
(1) Any waste that would be considered
infectious waste under Env-Sw 904.01 shall be stored,
treated, transported, and disposed of pursuant to Env-Sw
904;
(2) Provision shall be made for the removal
and disposal of:
a. Animal and food wastes;
b. Bedding;
c. Dead animals; and
d. Debris;
(3) Disposal facilities shall be constructed to
prevent and minimize:
a. Vermin infestation;
b. Odors; and
c. Disease hazards; and
(4) Waste shall
be removed as often as necessary, but no less than once daily unless otherwise
specified in the written animal health program.
Source. #10834, eff 5-21-15 (from Agr
1702.01);
ss by #14164, eff 12-31-24
Agr 1704.02 Indoor
Facilities.
gr 1702.02
Indoor Facilities.
(a) Indoor
housing for animals shall comply with the following heating requirements:
(1) Facilities shall be sufficiently heated
to:
a. Protect the animals from
cold; and
b. Provide for their health and
comfort; and
(2) The ambient temperature shall not be
allowed to fall below 50 degrees Fahrenheit for animals not acclimated to lower
temperatures.
(b) The
following provisions shall be made for ventilation:
(1) Indoor housing facilities for animals
shall be adequately ventilated to provide humidity control and fresh air
exchange;
(2) Such facilities shall be:
a. Provided with fresh air
through any combination of:
l. Windows;
2. Doors;
3. Vents;
and
4. Air
conditioning; and
b. Ventilated so as to
minimize:
1. Drafts;
2. Odors;
and
3. Moisture
condensation; and
(3) Auxiliary ventilation, such as exhaust
fans and vents or air conditioning, shall be provided when the ambient
temperature is 85 degrees Fahrenheit or higher.
(c) Indoor
housing facilities for animals shall be illuminated by natural or artificial
means, or both, as follows:
(1) Lighting shall provide uniformly
distributed illumination of sufficient light intensity to permit routine
inspection and cleaning during the entire working period; and
(2) Primary enclosures shall be so placed as to
protect the animals from excessive illumination.
(d) The
interior building surfaces of indoor housing facilities shall be constructed
and maintained so that they are impervious to moisture and can be readily
sanitized.
(e) If
drains are in place, a method of drainage to rapidly eliminate excess water
from indoor housing facilities shall be provided as follows:
(1) They shall be constructed pursuant to
New Hampshire state plumbing codes and kept in good repair to avoid foul
odors therefrom; and
(2) If closed drainage systems are used,
they shall be equipped with traps and so installed as to prevent any backup of
sewage onto the floor of the room.
Source. #10834, eff 5-21-15 (formerly Agr 1702.02); ss by #14164, eff 12-31-24
Agr 1704.03 Outdoor
Facilities.
(a) When
sunlight is likely to cause overheating or discomfort, sufficient shade shall
be provided to allow all animals kept outdoors to protect themselves from the
direct rays of the sun.
(b) Animals
kept outdoors shall be provided with access to shelter to allow them to remain
dry during rain or snow.
(c) The
following shall be provided to shelter animals from cold weather:
(1) Adequate shelter shall be provided for
all animals kept outdoors when the atmospheric temperature falls below 50
degrees Fahrenheit; and
(2) Sufficient clean bedding material or
other means of protection from the weather elements shall be provided.
Source. #10834, eff 5-21-15 (formerly Agr 1702.03); ss by #14164, eff 12-31-24
Agr 1704.04 Primary
Enclosures.
(a) Requirements
for primary enclosures for animals shall be as follows:
(1) Primary enclosures, including the
floors, shall be structurally sound and maintained in good repair to:
a. Protect the animals from
injury;
b. Contain them; and
c. Keep other animals out;
(2) Primary enclosures shall be constructed
and maintained so as to enable the animals to remain dry and clean, unless the
animal lives in water; and
(3) Primary enclosures shall be constructed
and maintained so that the animals contained therein have convenient access to
clean food and water.
(b) In
addition to the requirements in this section, all primary enclosures housing
cats shall have a solid floor and a receptacle or any reasonable substitute
containing sufficient clean litter to contain excreta.
(c) Primary
enclosures shall be constructed and maintained so as to provide sufficient
space to allow each animal to:
(1) Turn about
freely; and
(2) Easily stand, sit, and lie in a
comfortable normal position.
(d) In
addition to the requirements in (a) through (c) of this section, additional
space requirements shall be provided for dogs as follows:
(1) In addition to the provisions of Agr 1703.04(c), each dog housed in any primary enclosure
shall be provided:
a. A minimum square footage of
floor space equal to the mathematical square of the sum of the length of the
dog in inches, as measured from the tip of its nose to the base of its tail
plus 6 inches, expressed in square feet, as in the formulas below:
(length
of dog in inches + 6) x (length of dog in inches + 6) = Required area in square
inches
Required
area in square inches = Required square feet of floor space/144; and
b. A primary enclosure
containing no more than 4 adult dogs; and
(2) If dog houses with chains or tethers
are used as a permissible exception to primary enclosures for dogs kept
outdoors, the chains or tethers used shall be:
a. So placed or attached that
they cannot become entangled with the chains or tethers of other dogs or any
other objects;
b. Adequately sized and
weighted for the size dog involved so as not to prohibit movement while not
allowing the dog to break the chain or tether;
c. Attached to the dog by means
of a well fitted non-choking collar or harness;
d. At least 3 times the length
of the dog as measured from the tip of its nose to the base of its tail; and
e. Allow the dog convenient
access to the dog house.
Source. #10834, eff 5-21-15 (formerly Agr 1702.04); ss by #14164, eff 12-31-24
Agr 1704.05 Animal
Health and Husbandry Standards.
(a) Animals
shall be fed at least twice each day, except as otherwise might be
recommended by the supervising veterinarian pursuant to Agr 1704.05 (e) to provide adequate nutrition and
veterinary care, as follows:
(1) The food shall be:
a. Free from contamination;
b. Palatable to the individual
animal; and
c. Of sufficient quantity and
nutritive value to meet the normal daily requirements for the condition and
size of the animal;
(2) Dogs and cats shall use food receptacles, other animals may use food receptacles;
(3) Food receptacles shall be:
a. Accessible to each animal;
b. Located so as to minimize
contamination by excreta;
c. Durable and kept clean; and
d. Sanitized daily;
(4) Disposable food receptacles may be used
but shall be discarded after each feeding; and
(5) If self-feeders are used, they:
a. Shall only be used for the
feeding of dry food; and
b. Shall be sanitized and
maintained regularly to prevent:
l. Mold
and algae accretion;
2. Deterioration;
or
3. Caking
of feed.
(b) Potable
water shall be accessible to the animals at all times, except as dictated by
species, for example, fish, or might otherwise be required to provide adequate
veterinary care, as follows:
(1) Watering receptacles shall be kept
clean; and
(2) They shall be sanitized daily.
(c) The
following requirements shall be met for sanitation:
(1) The following shall be required for
cleaning of primary enclosures:
a. Excreta shall be removed
from primary enclosures as often as necessary, but no less than once daily
unless otherwise specified in the written animal health program, to:
l. Prevent
contamination of the animals contained therein; and
2. Reduce
disease hazards and odors;
b. When a hosing or flushing
method is used for cleaning a primary enclosure commonly known as a cage:
l. Any
animal contained therein shall be removed from such enclosure during the
cleaning process; and
2. Adequate
measures shall be taken to protect the animals in other such enclosures from
being contaminated with water and other wastes;
(2) Prior to the introduction of animals
into empty primary enclosures previously occupied by a different animal, such
enclosures shall be sanitized as follows:
a. Primary enclosures shall be
cleaned and sanitized often enough to prevent an accumulation of debris or
excreta or a disease hazard;
b. Cages, rooms, and
hard-surfaced pens or runs shall be sanitized by:
1. Washing
them with hot water and soap or detergent delivered with a machine;
2. Manually
washing all soiled surfaces with a detergent solution followed by a safe and
effective disinfectant; or
3. Cleaning
all soiled surfaces with live steam; and
c. Pens or runs using gravel,
sand, or dirt shall be cleaned by removing the soiled gravel, sand, or dirt and
replacing it as necessary and spraying the surface with disinfectant in
accordance with programs of disease control and prevention required by Agr 1704.05(e);
(3) The building and grounds shall be kept
clean and in good repair in order to protect the animals from injury and to
facilitate the prescribed husbandry practices set forth in this subpart;
(4) Premises shall remain free of
accumulations of trash; and
(5) A program sufficient to prevent and
address visible signs of infestation with insects, ectoparasites, and avian and
mammalian pests shall be established and maintained. The licensee shall
maintain written protocols at the licensed premises for review by the
department upon request.
(d) Animals
housed in the same primary enclosure shall be maintained in compatible groups,
with the following additional restrictions:
(1) Estrous females shall not be housed in
the same primary enclosures with males, except for breeding purposes;
(2) Infant animals shall not be housed in
the same primary enclosure with adult animals other than their dams, except
when permanently maintained in breeding colonies;
(3) Neither dogs nor cats shall be
housed in the same primary enclosure with any other species of animals; and
(4) Any animal under quarantine or
treatment for a communicable disease shall be separated from any other animals
in such a manner as to minimize dissemination of such disease.
(e) Written
programs of disease control and prevention, euthanasia, and adequate veterinary
care shall be established and maintained under the supervision and assistance
of a doctor of veterinary medicine currently licensed
pursuant to RSA 332-B, including at a minimum the following:
(1) Every animal shall be observed daily by
the animal caretaker in charge, or by someone under their direct supervision,
for the purpose of monitoring health, nutrition, and well-being;
(2) Animals shall be provided with adequate
care, up to and including euthanasia if necessary, at the discretion of the
supervising veterinarian if they are:
a. Sick or diseased;
b. Injured;
c. Lame; or
d. Acutely blind; and
(3) Copies of the programs with the name,
date, and signature of the supervising veterinarian shall be on file with
the department, in hard copy or electronically, prior to initial licensing or
license renewal and shall be re-submitted upon any change in program
content or supervising veterinarian.
Source. #10834, eff 5-21-15 (formerly Agr 1702.05); ss by #14164, eff 12-31-24
PART Agr
1705 TRANSFER OF DOGS, CATS, OR FERRETS FROM ONE OWNER TO ANOTHER
Agr 1705.01 Official Certificate of Transfer.
(a) An
official certificate of transfer shall be created in the animal records
database by a New Hampshire licensed veterinarian, or submitted by other means
pursuant to an electronic filing waiver under Agr
4104.02, for each individual dog, cat, or ferret, being transferred from one
owner to a member of the public within the state of New Hampshire,
and shall contain the address of, and be signed by, a licensed
veterinarian.
(b) The signing veterinarian shall certify:
(1) The
date when, and the fact that, a vaccine, approved by the department in
accordance with RSA 436:80, has been administered for the purpose of protection
against infectious disease; and
(2) That
the dog, cat, or ferret, at the time of the animal’s examination, was free from
visual and physical examination evidence of communicable zoonotic
disease, including gastrointestinal, dermatological, and respiratory
illness.
(c) The official
certificate of transfer shall also contain:
(1) Name
and address of the entity transferring ownership of the dog, cat, or ferret;
(2) The
age, gender, and breed of the dog, cat, or ferret;
(3) Microchip
number, tattoo number, ear tag number, or physical description of the dog, cat,
or ferret;
(4) Date
and place of its birth;
(5) Date
of its entry into New Hampshire;
(6) Date of its acceptance by the licensee; and
(7) A description of the date of and nature of
all medication and treatment given by a licensed veterinarian or the animal
caretaker or someone under the licensed veterinarian’s supervision prior to the
veterinarian’s initial examination and prior to the sale or transfer.
Source. #14164, eff 12-31-24 (formerly Agr 1704.06)
Agr 1705.02 Notice to Public.
(a)
At any premises transferring a dog, cat, or ferret, a sign with
minimum dimensions of 14 inches by 18 inches and located at a height of between
4 feet and 6 feet shall be prominently displayed, together with the
licensee's license, in the area where the dogs, cats, or ferrets are
displayed. A copy of said language shall also be provided with the animal in a
letter or other document at the time of transfer.
(b)
The sign shall contain the following information:
(1) The words
"Buyer's Inspection and Refund" in block letters at least one inch in
height; and
(2) In easily
readable print the following statements:
"Under state law you have
the right to inspect the official certificate of transfer containing a
description and medical history of any dog or cat or ferret offered for
transfer and to have a copy of such certificate for any animal you may obtain."
"Under state law, within
14 days of transfer, you may have the dog, cat, or
ferret examined by a licensed veterinarian of your choice. Unless
such exam indicates the animal is free of disease, you may obtain a
substitution of a similar animal of equal value or, at your option, a full
refund of any money exchanged for the animal, but only if within 2 business
days of such examination you return the diseased animal to the premises along
with a written statement from the veterinarian that the animal was not free
from disease."
(c) At any premises not transferring a dog, cat,
or ferret, only the posting of the license is required.
Source. #14164, eff 12-31-24 (formerly Agr 1704.07)
Agr 1705.03 Written Records.
(a) Each
license holder shall keep a written record of all individual animals entering
the licensed premises including:
(1) Date of
purchase or acceptance;
(2) Name and
address of seller, consignor, or donor; and
(3) A description of the animals, including
the species, age, and sex.
(b)
Each license holder shall keep a written record of transfers of all animals
leaving their facilities including:
(1) Date of transfer;
(2) Name and address of recipient; and
(3) Species,
age, sex, and description of animals.
(c) Records
shall be maintained at the facility for a minimum of one year after the date of
transfer. Such records shall be available upon demand for inspection
at the licensed premises by the department during reasonable times.
Source. #14164, eff 12-31-24 (formerly Agr 1704.08)
Agr 1705.04 Rabies Vaccination. Animals shall
not be allowed to freely roam the facility unless they are currently
immunized against rabies pursuant to RSA 436:100 and are free of visual
evidence of communicable disease.
Source. #14164, eff 12-31-24 (formerly Agr 1704.09)
Agr 1705.05 Foster Facilities.
(a) License
holders shall assure that foster facilities at which the license holder keeps
animals shall be inspected no less frequently than once a year and that they
meet acceptable standards to ensure that the health and safety of the animals
shall be maintained.
(b) Foster
facilities shall be used solely for medical or behavioral rehabilitation when a
physical facility already holds a license to house animals. Foster facilities
shall not be used as an extension of space for housing the general population
of a licensee.
(c) Foster
facilities may house animals that are owned by the licensee, but foster
facilities shall not own such animals. If the department receives a complaint
about a foster facility, the department shall inspect that property as part of
the license holder’s network and the license holder shall be subject to
sanction for any shortcomings which pose a risk to the health and safety of the
animals in their network.
(d) Licensees
shall maintain a list of current foster facilities that shall be available to
the department upon request.
(e) Brokers
shall not use foster facilities.
Source. #14164, eff 12-31-24 (formerly Agr 1704.10)
PART
Agr 1706 TURTLES
Agr 1706.01 Turtle Size. In accordance
with 21 CFR 1240.62, no person shall sell a turtle that has a carapace less
than 4 inches from front to rear.
Source. #10834, eff 5-21-15 (from Agr
1703.02); ss by
#14164, eff 12-31-24 (formerly Agr 1705.01)
PART Agr 1707 OCCASIONAL OPERATIONS
Agr 1707.01 Occasional
Operations. An “occasional pet
vending operation'' shall not require a license under RSA 437:1 if:
(a) It
operates no more than 2 days during a 30-day period;
(b) A
letter indicating approval by a local official is kept on site at the time of
the occasional pet vending operation;
(c) Every
dog, cat, or ferret housed, harbored, or displayed at an occasional pet vending
operation shall be quarantined in a licensed premises for at least 48 hours
prior to participation in the occasional pet vending operation;
(d)
For entities not holding a current RSA 437 license, a licensed veterinarian
shall be on site for the entire duration of the operation to assure animal
welfare, oversee animal housing, and issue official certificates of transfer
for each animal that is transferred to the public; and
(e) For
current RSA 437 license holders, a copy of a current official certificate of
transfer is on site for each animal that is transferred to the public.
Source. #10834, eff 5-21-15; ss by #14164, eff 12-31-24
(formerly Agr 1706.01)
PART Agr 1708 FORMS
Agr 1708.01 Applications. Each
applicant for a license shall apply using a form prescribed by and available
from the department. The licensing
application process shall be completed within 6 months of the department’s
initial receipt of any required information, with exception for extraordinary
circumstances, for example, accident, illness, or military service.
Source. #10834, eff 5-21-15; ss by #14164, eff 12-31-24
(formerly Agr 1707.01)
Agr 1708.02 Forms
and Fees.
(a) Persons seeking a pet vendor license shall
apply for that license by completing and submitting an on-line application
accessed through the department website, www.agriculture.nh.gov,
once it is operational including a non-refundable fee required by RSA 437:3.
(b) Prior to the on-line application being
operational, persons seeking a pet vendor license shall complete and submit
form “Application to License Pet Vendors” (Revised 12/24) and submit
to: New Hampshire Department of Agriculture, Markets and Food, Division of
Animal Industry, One Granite Place South, Suite 211,
Concord, NH 03301 with a non-refundable fee required by RSA 437:3.
Source. #10834, eff 5-21-15; ss by 13132, eff
11-20-20; ss by
#14164, eff 12-31-24 (formerly Agr 1707.02)
Agr 1708.03 Review of Application.
(a) The department shall examine the application
within 30 days of receipt and notify the applicant of any apparent errors,
omissions, or otherwise incomplete portions of the application, request any
additional information that the agency is permitted by law to require, and
notify the applicant of the name, official title, address, and telephone number
of an agency official or employee who may be contacted regarding the
application.
(b) The department shall approve or deny a
completed application within 60 days of receipt.
(c) The department may extend the time periods
for review provided for in this section upon written agreement of the
applicant.
Source. #10834, eff 5-21-15; ss by #14164, eff 12-31-24
Agr 1708.04 Abandonment
of an Application. An application
shall be deemed abandoned when the applicant fails to complete the application
and licensure process within 6 months of the department’s initial receipt of
any required information unless that time period is extended pursuant to Agr 1708.01 or Agr 1708.03(c).
Source. #10834, eff 5-21-15; ss by #14164, eff 12-31-24
(formerly Agr 1707.03)
PART Agr 1709 ISSUING A LICENSE
Agr 1709.01. Licenses.
(a) Licenses shall be issued upon submission of
all application materials, the fees, and information required by RSA 437 and Agr 1700, and a finding following an inspection by the
department that the premises meet the standards in RSA 437 and Agr 1700.
(b) For new applications, a successful inspection
finding shall be completed within 6 months from filing an application unless
the time period has been extended pursuant to Agr
1708.01 or Agr 1708.03(c).
(c) For renewal applications, a successful
inspection finding shall be completed within the previous 12 months.
Source. #10834, eff 5-21-15; ss by #14164, eff 12-31-24
(formerly Agr 1708.01)
PART Agr 1710 REVOCATION, SUSPENSION AND OTHER SANCTIONS
Agr 1710.01 Disciplinary
Sanctions. Upon finding
noncompliance with Agr 1700 or RSA 437, the
department shall determine which sanctions pursuant to RSA 437:10 to impose by
considering the:
(a) Severity of the offense;
(b) Licensee’s history of misconduct;
(c) Licensee’s acknowledgment of their
wrongdoing;
(d) Licensee’s willingness to cooperate with the
department’s investigation;
(e) Purpose of the rule or statute violated;
(f) Potential harm to public health and safety;
and
(g) Nature and extent of the enforcement
activities required of the department as a result of the offense.
Source. #10834, eff 5-21-15; ss by #14164, eff 12-31-24
(formerly Agr 1709.01)
APPENDIX
|
Rule |
Specific
State Statute the Rule Implements |
|
Agr 1701 |
RSA 437:2 |
|
Agr 1702 |
RSA 437:1; RSA 437:8 |
|
Agr 1703 |
RSA 437:3; RSA 437:6 |
|
Agr 1704 |
RSA 437:3 |
|
Agr 1705.01 |
RSA 437:3; RSA 437:5; RSA 437:8; RSA
437:10 |
|
Agr 1705.02 |
RSA 437:3, RSA 437:5; RSA 437:6; RSA
437:8 |
|
Agr 1705.03 |
RSA 437:3; RSA 437:5; RSA 437:6; RSA
437:8 |
|
Agr 1706 |
RSA 437:1; RSA 437:5 |
|
Agr 1707 |
RSA 437:1; RSA 437:8 |
|
Agr 1708 |
RSA 437:3; RSA 437:4 |
|
Agr 1709 |
RSA 437:3 |
|
Agr 1710 |
RSA 437:10 |