CHAPTER Agr 2100 IMPORTATION OF BOVINES AND OTHER DOMESTIC ANIMALS INTO THE STATE OF NEW HAMPSHIRE

CHAPTER Agr 2100 IMPORTATION OF BOVINES AND OTHER DOMESTIC ANIMALS INTO NEW HAMPSHIRE

Statutory Authority: RSA 436:24

PART Agr 2101 PURPOSE AND SCOPE

Agr 2101.01 Purpose. The purpose of this chapter is to ensure that domestic animals brought into this state are healthy and free from contagious and infectious diseases and any other reportable conditions listed in the National List of Reportable Animal Diseases as updated annually by USDA and published at https://www.aphis.usda.gov/livestock-poultry-disease/surveillance/reportable-diseases.

Source. #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2101.02 Scope. This chapter shall apply to all domestic animals proposed to be or actually imported into the state of New Hampshire, but only to the extent of determining the health of the domestic animals.

Source. #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2102 DEFINITIONS

Agr 2102.01 Definitions.

(a) "Accredited veterinarian" means a licensed veterinarian approved by the Veterinary Services, United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA APHIS) administrator and the state animal health official to perform duties as outlined in 9 C.F.R. Part 161.

(b) “Buffalo” means all animals of the genus Bison and Bubalus bubalis.

(d) "Camelidae" means llamas, alpacas, guanacos, vicunas, and camels.

(e) "Cattle" means all bovine animals in genus Bos, including buffalo.

(f) "Certificate of veterinary inspection (CVI)" means a serially numbered certificate signed by an accredited veterinarian in the state of origin attesting to the health of an animal or animals, with appropriate test results listed, which are moving interstate and are free of any evidence of contagious or infectious diseases.

(g) "Cervidae" means elk (Cervus elephus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), and reindeer (Rangifer tarandus).

(h) “Chronic wasting disease (CWD)” means a transmissible spongiform encephalopathy of deer and elk characterized by vacuolar changes in the brain.

(i) “Commissioner” means the commissioner of agriculture, markets, and food.

(j) "Domestic animals," means “domestic animals” as defined in RSA 436:1, II namely “all animals, including poultry, that are kept or harbored as domesticated animals.”

(k) "Equine" means horses, asses, mules, zebras, ponies, or any other caballus species.

(l) "Equine infectious anemia (EIA) test” means any designated test for equine infectious anemia which has been approved for use by USDA APHIS and has been conducted at a laboratory approved by USDA APHIS to conduct such testing as outlined in 9 C.F.R. Part 75.

(m) “Immediate slaughter” means direct shipment to an inspected slaughter facility not more than 2 weeks from the date of transfer of ownership as defined in 9 C.F.R. Part 93.400 and 9 CFR 93.500.

(n) “Infection” means the state produced by the establishment of one or more pathogenic agents in or on the body of a suitable host. The term includes “infectious” and “infestation.”

(o) “Microchip” means electronic identification.

(p) “Official identification” means any state or federally required unique and permanent method of identification that specifically identifies individual animals in accordance with one of the systems outlined in Table 1 of USDA’s Animal Disease Traceability General Standard in compliance with all applicable state and federal animal identification laws and regulations. Forms of identification include but are not limited to ear tags, brands, bands, tattoos, microchips, and physical description of natural or acquired markings unique to an individual animal. Physical description is only an acceptable means of identification for dogs, cats, and equines.

(q) “Owner shipper statement” means a document that can be used in lieu of a CVI only when a prior written agreement between New Hampshire and the state-of-origin is in place and only for animals that are being moved interstate directly to an approved slaughter market or to a state or federally inspected slaughter plant.

(r) "Poultry" means meat and egg type chickens, turkeys, birds of prey, exhibition and game birds, and hatching eggs thereof, such as pheasant and quail.

(s) "Psittacine" means birds belonging to the parrot family most commonly being the macaw, conures, parrots, parakeets, cockatoos, and cockatiels.

(t) “Qualified Pseudorabies negative herd” mean such creatures as defined in USDA APHIS State-Federal-Industry Program Standards for Pseudorabies as defined in 9 C.F.R. Part 85.1.

(u) "Ratite" means emu, rhea, ostrich, , kiwi, and cassowary.

(v) "Rivinol test" means a plate agglutination for brucellosis to determine the field strain of the disease in the serum of cattle, goats, sheep, cervidae, camelidae, buffalo, or yak.

(w) "Scrapie" means a transmissible spongiform encephalopathy of sheep and goats characterized by vacuolar changes in the brain.

(x) “VS Form 1-27” means a USDA form for permitting the movement of restricted animals.

(y) “VS Form 9-3" means a USDA form for reporting the sale of hatching eggs, chicks, and poults.

(z) “Yak” means a large long haired ox of the Bos genus from Tibet and central Asia.

Source. #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2101.03)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2103 REQUIREMENTS OF IMPORTATION OF BOVINES AND OTHER DOMESTIC ANIMALS

Agr 2103.01 All Domestic Animals and Poultry Entering the State of New Hampshire. All domestic animals and poultry entering New Hampshire shall:

(a) Be accompanied by a CVI, unless specifically exempted elsewhere in Agr 2100;

(b) Be in compliance with federal regulations applicable to interstate animal movement; and

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.01)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.02 Who Inspects. A CVI shall be completed by an accredited veterinarian in the state of origin who has inspected the animals for interstate movement and filled out the CVI.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.02)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.03 Permits for Entry.

(a) No poultry, swine, ratites, camelidae, cervidae, or birds customarily used as household pets shall be shipped into New Hampshire without a prior permit.

(b) Domestic animals or poultry that have been given a biological product capable of spreading disease and capable of causing an antibody titer for reportable diseases among susceptible animals or poultry shall not be imported without first obtaining a prior permit.

(c) Permits shall be requested by telephone or in writing for the importation of poultry, swine, ratites, camelidae, cervidae, or birds, customarily used as household pets, when all testing requirements have been complied with and a CVI has been otherwise completed by the inspecting accredited veterinarian. Subsequent approval of the CVI by the chief regulatory official of the state of origin shall be required. The permit numbers shall appear on the CVI, one copy of which shall accompany the animals to the state of destination.

(d) The permit or CVI pertaining to the species as described in Agr 2103.03(a) shall be:

(1) Attached to the waybill; or

(2) In the possession of the driver of the vehicle in which the domestic animal is imported.

(e) Permits for import of domestic animals into the state shall be obtained from the:

NH Department of Agriculture, Markets, and Food

Division of Animal Industry

One Granite Place, South, Suite 211

Concord, NH 03301

Telephone: 603-271-2404

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.03)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.04 Requirements for CVI.

(a) A CVI shall be:

(1) A certificate containing information required pursuant to (b) below and any specific requirements listed elsewhere in Agr 2100;

(2) Issued by an accredited veterinarian who is licensed in the state of origin; and

(3) Approved by the chief regulatory official of the state of origin.

(b) The CVI shall include the following:

(1) Complete names and addresses of the locations from which the animals will be moved and to which the animals will be sent;

(2) The permanent official identification of the individual animal;

(3) The health status of the animals, poultry, or other species involved; and

(4) The results of required testing and dates.

(d) An APHIS Form 7001 is not an acceptable form in lieu of a CVI.

(e) Electronic CVI’s (eCVI) shall be permissible as long as they meet the 2019 eCVI data standards established by the US Animal Health Association-American Association of Veterinary Laboratory Diagnosticians Joint Committee on Animal Health Surveillance and Information Systems.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; amd by #6060, EMERGENCY, eff 7-11-95, EXPIRES 11-8-95; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.04)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.05 Laboratory Tests and Other Tests.

(a) All laboratory tests of animals intended for interstate movement into New Hampshire shall be performed at diagnostic laboratories approved by Veterinary Services, USDA APHIS.

(b) All non-laboratory tests shall be applied by an accredited veterinarian in the state of origin.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.05)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.06 Vesicular Stomatitis. Any susceptible livestock, including equine, bovine, porcine, caprine, ovine, and cervidae entering the state from a county where vesicular stomatitis has been diagnosed within the last 14 days or a county that contains a premises quarantined for vesicular stomatitis shall be accompanied by a CVI dated within 14 days of entry containing the following statement: “All animals identified on this certificate of veterinary inspection have been inspected and found to be free from clinical signs of vesicular stomatitis.”

Source. #8350, EMERGENCY RULE, eff 5-10-05, EXPIRES: 11-6-05; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2102.06)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.07 Fair Season.

(a) Any livestock entering the state from Connecticut, Maine, Massachusetts, Rhode Island, or Vermont for the purpose of participating in one of the member fairs of the New Hampshire Association of Fairs and Expositions between July 1 and October 31 shall be accompanied by a CVI or a “New England Fair Season CVI” issued by an accredited veterinarian in the state of origin.

(b) The “New England Fair Season CVI” shall be valid until October 31, when the “New England Fair Season CVI”:

(1) Was issued on or after April 1 of that year;

(2) Lists individual official identification for all animals thereon;

(3) Includes all required test results for the animals thereon;

(4) States “New England Fair season” as the consignee; and

(5) Has an attachment listing the name and dates of each fair at which the animals have been in attendance.

(c) If an animal listed on a “New England Fair Season CVI” travels outside of New England before October 1 of the issue year, said animal shall require a new CVI to enter any subsequent New Hampshire fairs or exhibitions in the issue year.

Source. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.08 Trail Rides. No CVI shall be required for a horse residing in an adjacent state to enter the state for the purpose of a trail ride when:

(a) The horse enters and leaves the state on the same day;

(b) The horse is free from runny nose, runny eyes, sneezing, coughing, or any clinical signs of illness such as a lay person would be expected to recognize on the day of the trail ride; and

Source. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2103.09 Suspension of Exceptions. In the event of documented animal health risks, Agr 2103.07 and Agr 2103.08 shall be suspended by written order of the commissioner.

Source. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2104 CATTLE, BUFFALO, AND YAKS

Agr 2104.01 Brucellosis.

(a) Cattle, buffalo, and yaks from brucellosis class free states or Canadian provinces may enter

New Hampshire without a blood test for brucellosis provided those cattle have resided in that free area for the previous 365 days or their entire life if younger than 365 days of age and that fact is documented on the CVI. CVIs shall be required.

(b) There shall be no brucellosis test required for cattle, buffalo, and yaks originating directly from a USDA Certified brucellosis free herd.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2103.01)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2104.02 Tuberculosis.

(a) All cattle from tuberculosis accredited free states or zones or Canadian provinces may enter New Hampshire without being tested for tuberculosis. CVIs shall be required.

(b) The following shall apply to cattle from states or Canadian provinces without tuberculosis accredited free status:

(1) A person may import all cattle for dairy or breeding purposes coming directly from a modified accredited area or from a tuberculosis free area if the cattle have had a negative tuberculin test applied not more than 60 days prior to shipment;

(2) A person may import calves under 6 months of age from negative herds under supervision testing within one year without a test if properly identified with either a metal eartag, legible tattoo or microchip, as progeny of a tuberculin tested dam; and

(3) No person shall import any other cattle except under USDA Permit for Movement of Animals VS Form 1-27 issued by the state veterinarian, state of origin, or his/her representative and subject to slaughter or quarantine upon arrival.

(c) For purposes of (b)(1) above, “modified accredited” means a state or zone that is tuberculosis free in cattle, and will be elevated to accredited free state or zone in 5 years.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2103.02)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2104.03 Identification of Cattle. All cattle entering New Hampshire shall be individually identified with permanent official identification.

Source. #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848 eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2103.03)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2105 SLAUGHTER CATTLE

Agr 2105.01 Slaughter Cattle Brought Into State of New Hampshire.

(a) Slaughter cattle may be brought into the state of New Hampshire without a test or CVI if consigned directly to a federally inspected slaughtering establishment.

(b) A VS 1-27 form shall be completed for and accompany animals transported from a herd or location under state or federal quarantine.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2104.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2106 SHEEP

Agr 2106.01 CVI Required.

(a) All sheep and lambs entering New Hampshire for purposes other than immediate slaughter shall be accompanied by a CVI.

(b) The CVI shall certify that:

(1) All sheep and lambs are individually identified by permanent official identification;

(2) The flock of origin was carefully examined not more than 30 days prior to entry, and that such examination revealed no infectious and contagious diseases; and

(3) The sheep and/or lambs did not originate from a scrapie-infected flock and are not progeny of a sire or dam that was infected with scrapie.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by 8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2105.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2107 SLAUGHTER SHEEP

Agr 2107.01 Requirements for Slaughter Sheep. The requirements for slaughter sheep shall be the same as for slaughter cattle, as set forth in Agr 2105.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07; EXPIRED: 3-21-15 (from Agr 2106.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2108 GOATS

Agr 2108.01 Brucellosis and Tuberculosis.

(a) All goats from states or Canadian provinces brucellosis class free and tuberculosis accredited free may enter New Hampshire without testing for brucellosis and tuberculosis, with the following:

(1) A CVI; and

(2) Individual, permanent official identification.

(b) All goats from states or Canadian provinces not brucellosis class free and tuberculosis accredited free shall:

(1) Have been tested negative for tuberculosis within 60 days of entry;

(2) Have been tested negative for brucellosis within 30 days of entry; and

(3) Be individually identified with permanent official identification.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2107.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2108.02 Scrapie. No goats known to be infected with scrapie, and no progeny of goats known to be infected with scrapie, shall be transported or moved into New Hampshire.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95 ; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2107.02)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2108.03 Goats Under 6 Months of Age.

(a) All goats under 6 months of age from states or Canadian provinces class free and tuberculosis accredited free shall be identified with permanent official identification, and may enter New Hampshire with a CVI.

(b) All goats under 6 months of age from states or Canadian provinces not brucellosis class free and tuberculosis Accredited free shall be from progeny of a brucellosis and tuberculosis tested dam, identified with permanent official identification, and may enter New Hampshire with a CVI.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7452, eff 2-22-01; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2107.03)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2109 SLAUGHTER GOATS

Agr 2109.01 Requirements for Slaughter Goats. The requirements for slaughter goats shall be the same as for slaughter cattle, as set forth in Agr 2105.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2108.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2110 SWINE

Agr 2110.01 Permit and CVI Required.

(a) A CVI shall be required for the importation of swine into the state of New Hampshire.

(b) The permit shall be obtained prior to shipment and the number shall appear on the CVI.

(1) All swine are individually identified by permanent official identification;

(2) All swine on the premises have been inspected;

(3) The swine have never been fed raw garbage or been exposed to swine that have been fed raw garbage; and

(4) The swine are free from clinically diagnosed contagious and infectious diseases, including but not limited to brucellosis and pseudorabies.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2110.02 Brucellosis. All swine, unless consigned to slaughter, shall:

(a) Originate from a validated brucellosis-free state;

(b) Originate from a validated brucellosis-free herd; or

Source. #4204, eff 1-14-87; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.02)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2110.03 Pseudorabies. All swine, unless consigned to immediate slaughter, shall:

(a) Originate from a pseudorabies qualified negative herd;

(b) Originate and be shipped directly from a pseudorabies class IV or free state; or

Source. #4204, eff 1-14-87; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.03)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2110.04 Feeder Swine.

(a) Feeder swine less than 120 days of age imported for the exclusive purpose of feeding for slaughter shall be individually identified by permanent official identification.

(b) Feeder swine shall also:

(1) Originate from a pseudorabies class IV or free state;

(2) Originate from a pseudorabies qualified negative herd;

(3) Originate from a pseudorabies monitored herd; or

(4) Be individually tested negative for pseudorabies within 30 days prior to entry.

Source. #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2109.04)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2111 SLAUGHTER SWINE

Agr 2111.01 Requirements for Slaughter Swine. The requirements for slaughter swine shall be the same as for slaughter cattle, as set forth in Agr 2105.

Source. #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2110.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART 2112 DOGS, CATS, AND FERRETS

Agr 2112.01 No Permit Required - CVI Required.

(a) All dogs, cats, and ferrets brought or shipped into the state of New Hampshire for purposes of transferring ownership shall be:

(1) Inoculated against common canine or feline viral diseases within one year, but not less than 7 days, before entry; and

(2) Accompanied by a CVI issued by an accredited veterinarian.

(b) The CVI shall certify that:

(1) Dogs and cats are free from visual evidence of contagious and infectious diseases; or

(2) Ferrets are immunized for canine distemper.

(c) No person shall ship into the state of New Hampshire or offer for transfer of ownership in the state of New Hampshire any cat or dog less than 8 weeks of age.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2111.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2112.02 Rabies.

(a) Dogs and cats shall not enter the state of New Hampshire from an area under quarantine for rabies.

(b) Every dog and cat 3 months of age and older at the time it enters the state shall be vaccinated against rabies.

(c) Every dog and cat under 3 months of age at the time it enters the state shall be vaccinated within 30 days after they have reached 3 months of age.

(d) Dogs and cats shall be vaccinated with rabies vaccine licensed by the United States Department of Agriculture.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88; ss by #5704, eff 9-21-93; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2111.02)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2113 EQUINE

Agr 2113.01 CVI Required and Negative EIA Test.

(a) A CVI shall be signed by an accredited veterinarian attesting to information listed and that the animal or animals listed are free of contagious and infectious diseases.

(b) The CVI shall include the following:

(1) That such animal or animals are free from all contagious and infectious diseases;

(2) That each animal or animals do not originate from a quarantined area, or an area where a contagious and infectious disease has been officially diagnosed; and

(3) The date of the last valid negative EIA test listed with accession number and laboratory conducting the test.

(d) The CVI shall be valid for 30 days except as stated in Agr 2103.06.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99 ; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2112.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

Agr 2113.02 Equine Infectious Anemia.

(a) Each equine entering the state of New Hampshire shall be accompanied by a valid negative EIA test certificate with the sample collected and certificate signed by an accredited veterinarian.

(b) The EIA test shall be performed in a USDA APHIS approved laboratory within 12 months prior to entry pursuant to 9 C.F.R. Part 75.4. A nursing foal in company of a dam shall not be required to be tested prior to entry, but the foal’s presence shall be recorded on the dam's CVI.

(c) If the EIA test certificate does not properly or accurately describe said equine, the New Hampshire state veterinarian shall cause the equine to be:

(1) Held in quarantine and retested at the expense of the owner; or

(2) Returned to the state of origin.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2112.02)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2114 POULTRY

Agr 2114.01 VS Form 9-3 or Permit and CVI Required.

(a) All hatching eggs and poultry under 20 weeks of age shall be accompanied by an National Poultry Improvement Plan (NPIP) USDA/VS “Form 9-3 Report of Sales of Hatching Eggs, Chicks and Poults” approved by the state regulatory official of the state of origin certifying that the poultry or hatching eggs are progeny of Salmonella pullorum and avian influenza clean flocks.

(b) All poultry over 20 weeks of age shall be accompanied by a permit issued by the New Hampshire department of agriculture, markets and food, division of animal industry upon receipt of a proper CVI indicating that the poultry so identified shall have been tested negative for Salmonella pullorum and avian influenza within 10 days of shipment.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2113.01)

New. #10975, eff 11-19-15

New. #14570, EMERGENCY RULE, eff 5-4-26, EXPIRES: 10-31-26

PART Agr 2115 BIRDS CUSTOMARILY USED AS HOUSEHOLD PETS

Agr 2115.01 Permit and CVI Required.

(a) No bird customarily used as a household pet shall be imported into the state of New Hampshire unless accompanied by a permit and CVI.

(b) The permit shall be obtained prior to shipment and the permit number shall appear on the CVI.

(1) That the birds and flock of origin have been inspected and are free from all visual or physical exam evidence of contagious and infectious diseases and did not originate from a quarantined area for any contagious and infectious disease of the species;

(2) Permanent official identification of each animal has been made; and

(3) The number and species of birds in each lot or shipment.

(d) One copy of the CVI shall accompany shipment.

(e) CVIs shall be valid for 30 days.

Source. #2116, eff 8-12-82; ss by #2828, eff 8-20-84; ss by #4546, eff 12-16-88, EXPIRED 12-16-94

New. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2114.01)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2116 CERVIDAE

Agr 2116.01 Permit and CVI Required.

(a) Importation of cervidae shall only be allowed when both New Hampshire and the state of origin are in compliance with 9 C.F.R. Parts 55 and 81 and recognized by USDA as such, and when the importation is not permitted pursuant to Fis 803.04.

(b) A CVI shall be required for the importation of cervidae as defined in Agr 2102.03(g) into the state of New Hampshire.

(d) The CVI shall certify that:

(1) Permanent official identification of each animal has been provided;

(2) The accredited veterinarian has inspected all cervidae on the premises;

(3) The cervidae have never been exposed to animals confirmed to have CWD or animals exposed to confirmed CWD animals; and

(4) The cervidae are free from clinical signs of contagious and infectious diseases, including but not limited to CWD.

Source. #4852, eff 6-28-90; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05 (formerly Agr 2115.05); ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2115.01)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2116.02 Chronic Wasting Disease.

(a) Cervids shall only be imported into herds of destination which are participating in good standing in the USDA CWD program, 9 C.F.R. Parts 55 and 81.

(b) Herds of destination in New Hampshire shall be recognized by the regulatory body of the relevant CWD monitoring program to have achieved recognition or certification at a level consistent with at least 5 years of participation.

(c) Herds of origin shall have been certified by the regulatory body of the USDA or comparable state CWD monitoring program as having achieved a level consistent with at least 5 years of participation.

(d) The program status of the herd of destination shall be downgraded to the equivalent program status of the herd of origin if the program status of the herd of origin is less than the herd of destination.

(e) Once imported, an individual cervid shall never be transferred to another herd within the state of New Hampshire.

(f) Cervids may be imported directly to slaughter without leaving the conveyance if the herd of origin is in compliance with (c), as written above.

Source. #8848, eff 3-21-07, EXPIRED: 3-21-15

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2117 CAMELIDAE

Agr 2117.01 CVI Required.

(a) To bring camelidae into the state of New Hampshire an official CVI shall be required and shall be issued prior to shipment by an accredited veterinarian of the state of origin.

(b) The CVI shall certify that:

(1) Camelidae 6 months of age or older have been brucellosis tested negative within 30 days and tuberculosis tested negative within 60 days of shipment;

(2) Permanent official identification of each animal has been made by metal ear tag, legible tattoo, or microchip if a microchip reader is available at the point of destination; and

(3) Camelidae under 6 months of age have permanent official identification with either a metal eartag, legible tattoo, or microchip, as progeny of a brucellosis and tuberculosis tested dam.

Source. #5704, eff 9-21-93; ss by #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2116.01)

New. #10975, eff 11-19-15 (from Agr 2119.01); ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2118 RATITE

Agr 2118.01 Permit and CVI Required.

(a) To bring ratites into the state of New Hampshire an official CVI shall be required and shall be issued prior to shipment by an accredited veterinarian of the state of origin.

(b) The permit shall be obtained prior to shipment and the permit number shall appear on the CVI.

(1) Ratites have been tested negative to avian influenza within 10 days of shipment; and

(2) They have been permanently officially identified.

Source. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7335, eff 8-1-00; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2117.01)

New. #10975, eff 11-19-15 (from Agr 2120.01); ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2119 QUARANTINE

Agr 2119.01 Authority. Pursuant to RSA 436:34 through RSA 436:39, the commissioner has the authority to impose quarantine upon suspicion of any disease of domestic animals which could induce a risk to public health, trade, or the state’s economy.

Source. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #7335, eff 8-1-00; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2118.01)

New. #10975, eff 11-19-15 (from Agr 2121.01); ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

New. #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr 2119.02 Process.

(a) Upon suspicion of a condition which would meet the conditions in Agr 2119.01, the animal shall be subject to quarantine issued by the commissioner.

(b) Quarantines shall be issued either verbally or in writing by the commissioner or designee. If a verbal quarantine is issued, it shall be followed by written confirmation of quarantine.

(c) Pursuant to RSA 436:35, quarantined animals shall be kept under quarantine for such periods of time as the commissioner deems necessary to prevent the spread of the suspected disease to other animals off the quarantined premises. The commissioner shall determine the length of quarantine depending on the disease and based upon the recommendations of the United States Animal Health Association and the United States Department of Agriculture.

Source. #10975, eff 11-19-15 (from Agr 2121.02)

New. #14564, eff 4-23-26, EXPIRES: 4-23-36

PART Agr 2120 REPORTABLE DISEASES

Agr 2120.01 Reportable Diseases. Pursuant to RSA 436:31, and subject to available funds, the commissioner shall investigate the existence of contagious and infectious diseases among cattle, horses, asses, mules, sheep, swine, and all other domestic animals, including the conditions listed on the U.S. National List of Reportable Animal Diseases as updated annually by USDA and published at https://www.aphis.usda.gov/livestock-poultry-disease/surveillance/reportable-diseases.

Source. #6011, eff 3-28-95; ss by #6959, eff 3-23-99; ss by #8423, eff 8-31-05; ss by #8848, eff 3-21-07, EXPIRED: 3-21-15 (from Agr 2119.01)

New. #10975, eff 11-19-15; ss by #14564, eff 4-23-26, EXPIRES: 4-23-36

Agr. 2120.02 Action on Reportable Diseases. The National List of Reportable Diseases is divided into notifiable and monitored diseases which the commissioner shall handle as follows:

(a) Conditions listed as notifiable in the National List of Reportable Animal Diseases, as updated annually by USDA, consist of emergency incidents, emerging disease incidents, and regulated disease incidents. As such, the commissioner shall impose quarantine in response to any report; and

(b) Conditions listed as monitored in the National List of Reportable Animal Diseases, as updated annually by USDA, are considered endemic in the United States. As such, the commissioner shall not exercise its regulatory authority and impose quarantine. The commissioner does retain the right to impose quarantine upon discussion with the attending veterinarian and risk assessment as to potential impacts on public health and trade.

Source. #14564, eff 4-23-26, EXPIRES: 4-23-36

APPENDIX

RULE NUMBER	STATUTE
Agr 2101 – Agr 2102	RSA 436:24
Agr 2103.01	RSA 436:6; RSA 436:24
Agr 2103.02	RSA 436:28
Agr 2103.03	RSA 436:10: RSA 436:24
Agr 2103.04	RSA 436:28
Agr 2103.05 – Agr 2103.09	RSA 436:24
Agr 2104.01	RSA 436:10; RSA 436:23-24
Agr 2104.02	RSA 436:10; RSA 436:14-16; RSA 436:24
Agr 2104.03 – 2119.02	RSA 436:24
Agr 2120	RSA 436:6-a, RSA 436:31