Agr 500 Agricultural Dev.

CHAPTER Agr 500 WEEKLY MARKET BULLETIN

Statutory Authority: RSA 425:21-a, RSA 541-A:16, I(b)

PART Agr 501 WEEKLY MARKET BULLETIN PURPOSE AND DEFINITIONS

REVISION NOTE:

Document #6039, effective 7-1-95, made extensive additions to the rules in Part Agr 501 and readopted other rules which had expired, and made some amendments. Document #6039 added sections Agr 501.11 and Agr 501.18 through Agr 501.26. Document #6039 supersedes all prior filings for the sections in this part. The prior filings for rules within former Part Agr 501 include the following documents:

#1236, eff 11-1-78

#1847, eff 11-1-81

#2521, eff 11-1-83

#2540, eff 11-21-83

#4429, eff 6-1-88

#4853, eff 6-28-90

The following rules now contained in Document #6039 were out of effect between June 1, 1994 and July 1, 1995:

Agr 501.01

Agr 501.02(a)(1)-(16)

Agr 501.02(b)(1)-(8)

Agr 501.02(c)-Agr 501.03(aa)

Agr 501.04-Agr 501.10

Agr 501.12 (from former Agr 501.11)

Agr 501.13(a)-(c) (from former Agr 501.12(a)-(c))

Agr 501.14-Agr 501.17 (from former Agr 501.13 through Agr 501.16

Agr 501.01 Purpose. The purpose of this chapter is to set forth the requirements for subscribing to, and advertising in, the Weekly Market Bulletin.

Source. (See Revision Note at part heading for Agr 501) #6039, eff 7-1-95; ss by #6674, eff 3-1-98, EXPIRED: 3-1-06

New. #9616, eff 12-22-09

Agr 501.02 Definitions. In this chapter the following terms shall have the following definitions:

(a) "Agriculture" means "agriculture" as defined in RSA 21:34-a, II;

(b) "Bulletin" means the "Weekly Market Bulletin", an agricultural news weekly published by the New Hampshire Department of Agriculture, Markets and Food;

(c) "Dealer in equipment" means a person or entity engaging in the manufacture, sale or resale of agricultural equipment or machinery;

(d) "Dealer in livestock" means a person or entity engaging in the business of re-selling livestock but not involved in raising said livestock;

(e) "Dealer in crops” means a person or entity engaging in the business of reselling crops, including hay, forage crops, firewood and cordwood, but not involved in raising said crops;

(f) "Department" means the New Hampshire Department of Agriculture, Markets and Food;

(g) "Farm" means "farm" as defined in RSA 21:34-a, I;

(h) "Farm land and real estate" means real property located in New Hampshire:

(1) Consisting in farms, pastures, woods, timber lots or any combination of these; and

(2) Meeting one of the following descriptions:

a. A tract of land of at least 10 acres actively devoted to agriculture; or

b. A tract of land actively devoted to agriculture which normally yields products having an annual gross value totaling at least $2,500 combined with no more than 10 additional acres of contiguous undeveloped land;

(i) "Farm products" means products grown, raised, produced or processed on a farm; and

(j) "Nursery stock" means any woody or herbaceous plant material being offered for sale, as further defined in Agr 2501.02(i).

Source. (See Revision Note at part heading for Agr 501) #6039, eff 7-1-95; ss by #6674, eff 3-1-98, EXPIRED: 3-1-06

New. #9616, eff 12-22-09 (from Agr 501.01)

PART Agr 502 WEEKLY MARKET BULLETIN SUBSCRIPTIONS

Agr 502.01 Subscription to the Weekly Market Bulletin.

(a) A subscription to the bulletin shall be:

(1) For one year or for a maximum of 2 years; and

(2) For full-year periods only and not for a part of a year, beginning with the Wednesday issue one week after the department's receipt of the subscription order.

(b) The price of an annual subscription shall be:

(1) If the bulletin is received by the subscriber through the mail, $28.00; and

(2) If the bulletin is accessed by the subscriber electronically, $22.00.

(1) Delivered by hand to the department's office located in room 220 on the second floor of the State House Annex at:

25 Capitol Street

Concord, New Hampshire;

(2) Mailed to the department at:

PO Box 2042

Concord, New Hampshire 03302-2042;

(3) Telephoned to the department by calling 603-271-2505 and providing credit card information for a Visa® card or a Mastercard® card; or

(4) Ordered on the internet by following the directions appearing on the screen as a result of clicking on the words "Weekly Market Bulletin subscription" which appear on the department's homepage at www.agriculture.nh.gov.

(d) Payment for a subscription shall be:

(1) In cash;

(2) By Visa® card or Mastercard® credit card; or

(3) By money order or check made payable to "Treasurer, State of New Hampshire".

(e) The department shall not refund the price, or any part of the price, of a subscription to the bulletin.

(f) A subscription shall be renewed by any of the methods available for initial subscription.

Source. #9616, eff 12-22-09

PART Agr 503 WEEKLY MARKET BULLETIN ADVERTISING

Agr 503.01 Topics for Advertising in the Weekly Market Bulletin. The department shall accept information for advertising in the bulletin which is about:

(a) The agricultural items and services described in Agr 503.03; and

(b) Coming agricultural events, excluding:

(1) Horse shows;

(2) Trail rides;

(3) Old home days;

(4) Foliage tours; and

(5) Commercially sponsored events.

Source. #9616, eff 12-22-09

Agr 503.02 Advertisement Information Accepted from Certain Advertisers.

(a) The department shall accept advertising information for any type of advertisement described in Agr 503.01 and Agr 503.03 only from New Hampshire residents who are current subscribers to the bulletin.

(b) The department shall accept advertising information pertaining to their products on a one time in every 4 weeks basis from dealers in equipment, livestock and crops if the dealers are current subscribers and New Hampshire residents.

(c) The department shall accept advertising information about agricultural products and items and about property for sale by out-of-state people and entities if:

(1) The sellers are current subscribers to the bulletin and are not dealers in livestock or equipment;

(2) The products, items or property are located within New Hampshire; and

(3) The New Hampshire location of the products, items or property is specified.

(d) The department shall also accept the following types of advertising information from out-of-state people and entities who are not dealers in livestock or equipment:

(1) "Wanted", that is, information about agricultural products, items and services which are sought;

(2) "Help wanted", that is, agricultural jobs which are available;

(3) "Position wanted", that is, agricultural labor which is available; and

(4) Information about coming events.

Source. #9616, eff 12-22-09

Agr 503.03 Items and Services to be Advertised in the Weekly Market Bulletin.

(a) The following agricultural products, items and services shall be accepted for advertising in the bulletin:

(1) Farm products, including:

a. Fruits and berries;

b. Vegetables;

c. Hay and grain;

d. Straw and bedding;

e. Silage;

f. Trees and greens;

g. Nursery stock, seeds and plants;

h. Cordwood and lumber;

i. Milk and milk products;

j. Eggs;

k. Honey;

l. Maple products;

m. Loam, manure and fertilizer;

n. Wool and mohair;

o. Hides, skins and pelts; and

p. Meat and meat products;

(2) Farm animals, including but not limited to:

a. Cows, calves, bulls, steers and oxen;

b. Horses;

c. Swine;

d. Sheep and goats;

e. Rabbits;

f. Bees;

g. Poultry, including:

1. Chickens;

2. Turkeys;

3. Ducks;

4. Geese;

5. Pheasants; and

6. Quail;

h. Working farm dogs;

i. Donkeys and mules;

j. Llamas;

k. Fish and other commercial aquaculture products; and

l. Farmed deer and elk;

(3) Tools, supplies and equipment used to:

a. Till the soil or grow farm products; or

b. Process, pack or store agricultural or food products;

(4) Farm land and real estate;

(5) Farm labor, excluding household help;

(6) Auctions of livestock sales, farm equipment and complete farm-dispersal sales;

(7) Trucks and truck parts which are normally used in the course of commercial agricultural operations for the transport of agricultural commodities, livestock, supplies and equipment;

(8) Materials and fixtures suitable for use on agricultural buildings only;

(9) Computerized agricultural equipment and software designed for agricultural purposes;

(10) Tractors, loaders, dozers, spreaders, harvesters, excavators and implements used in agriculture;

(11) Custom farm work, including land clearing and improvement; and

(12) Equipment for the commercial processing of food.

(b) Items not listed above shall be considered for advertising if a clear agricultural use can be demonstrated.

(c) Descriptions of real estate for sale or wanted to buy submitted by real estate agents or brokers shall not be accepted for advertising in the bulletin, even if the real estate is owned by the real estate agent or broker and even if it qualifies as farm land and real estate as defined in Agr 501.02(h).

Source. #9616, eff 12-22-09

Agr 503.04 General Requirements for the Submission of Advertising Information.

(a) There shall be no charge for the submission of information for advertisement in the bulletin.

(b) Persons and entities wishing to advertise agricultural items and services in the bulletin shall submit the following information:

(1) A description of the agricultural item or service wanted or offered:

a. Typed or printed legibly; and

b. Stated in 40 words or fewer;

(2) The price sought for a specified unit, number of units or volume of the item or service;

(3) If an item or service is offered in exchange for another item or service, the value of the item or service offered;

(4) If a service is sought, the payment offered for the service;

(5) The name, address and telephone number of the person or entity requesting the advertisement; and

(6) Any additional information required by Agr 503.07 through Agr 503.17.

(1) The information for each advertisement shall be submitted separately, using the advertising classifications ordinarily used by the bulletin; and

(2) Listing the name and address for each advertisement directly after the description of the item or service.

(d) If a person or entity wishes to advertise nursery stock for sale:

(1) The person or entity shall be licensed by the division of plant industry; or

(2) The plant material for sale shall have been inspected by a division inspector and found free of injurious insects and diseases.

(e) Information submitted for bulletin advertising shall be truthful and accurate.

(f) In information submitted for bulletin advertising, the following special terms shall be used only in the following ways:

(1) The terms "native", "local", "locally grown" and "locally produced" shall be used only for farm products grown, raised or produced in New Hampshire;

(2) The term "our own" shall be used only when the information is being submitted for bulletin advertising by the grower or producer of the farm product; and

(3) The term "organic" shall be used only if the product to be advertised for sale has been grown, raised or produced by:

a. An operation certified as organic by a USDA certifier; or

b. An operation which:

1. Has a gross agricultural income from sales of organic products of $5,000 or less annually; and

2. Complies with federal requirements for organic production and handling.

(g) Information for bulletin advertising shall be submitted by:

(1) Delivering it to the department's office located in room 220 on the second floor of the State House Annex at:

25 Capitol Street

Concord, New Hampshire;

(2) Mailing it to the department at:

PO Box 2042

Concord, New Hampshire 03302-2042;

(3) Faxing it to the department using the fax number 271-1109; or

(4) E-mailing it the department at marketbulletin@agr.state.nh.us.

Source. #9616, eff 12-22-09

Agr 503.05 Limitations on Advertising.

(a) Information submitted to the department for bulletin advertising shall be published in a single issue of the bulletin, but the same information may be re-submitted for advertisement in a later non-consecutive issue.

(b) A single advertiser shall be limited to 80 words of advertising in a single calendar month.

Source. #9616, eff 12-22-09

Agr 503.06 Publishing and Editing by the Department; Non-Liability of the Department.

(a) If advertising information is received by the department before 4 PM on Thursday, the department will make every effort to include it in the following week's bulletin.

(b) The department shall edit and organize for clarity and efficiency all advertising information submitted.

(1) Advertisements for the sale of livestock and farm crops shall have priority over

advertisements for the sale of horse tack, trucks and truck parts and equipment; and

(2) Advertisements not published in the issue for which they were submitted shall be published in the following week's issue.

(d) The department shall not be liable for the success of any transactions made or attempted in response to advertisements in the bulletin.

(e) Sellers entering into transactions as a result of bulletin advertising shall accept checks, part payments and contracts at their own risk.

Source. #9616, eff 12-22-09

Agr 503.07 Information About Raw Milk and Raw Milk Products. The information submitted about raw milk and raw milk products shall include the license number authorizing the sale of raw milk and raw milk products issued by the department of health and human services.

Source. #9616, eff 12-22-09

Agr 503.08 Information About Apples and Potatoes. The information submitted about apples and potatoes shall include:

(a) The variety, if known; and

(b) The USDA grade, if known.

Source. #9616, eff 12-22-09

Agr 503.09 Information About Eggs. The information submitted about eggs shall include the USDA size classification, if known.

Source. #9616, eff 12-22-09

Agr 503.10 Information About Maple Syrup and Maple Flavored Products.

(a) The information submitted about maple syrup shall include the New Hampshire grade, if known.

(b) The information submitted about maple flavored products shall comply with RSA 429:16, II and III.

Source. #9616, eff 12-22-09

Agr 503.11 Information About Honey, Honey Products and Honey Flavored Products.

(a) The information submitted about honey and honey products shall include the USDA grade, if known.

(b) The information submitted about honey flavored products shall comply with RSA 429:22, II.

Source. #9616, eff 12-22-09

Agr 503.12 Information About Meat and Meat Products. The information submitted about meat and meat products shall include the plant number of the plant where the product was processed and passed inspection by the United States Department of Agriculture.

Source. #9616, eff 12-22-09

Agr 503.13 Information About Non-Water-Fowl Poultry. The information submitted about non-water-fowl poultry shall include the following:

(a) For poultry under 20 weeks of age, a photocopy of a veterinary certificate attesting that the birds are from pullorum-free stock; and

(b) For poultry 20 weeks of age or older, a veterinary certificate of negative pullorum test.

Source. #9616, eff 12-22-09

Agr 503.14 Information About Working Farm Dogs and Working Farm Dog Stud Services.

(a) The information submitted about working farm dogs offered for sale shall include:

(1) In the case of a dog a year old or older:

a. Written certification by the owner that the dog is capable of herding and yarding livestock;

b. A description of the dog's skills at herding and yarding; and

c. The livestock species the dog is experienced in herding and yarding.

(2) In the case of a dog younger than a year:

a. Written certification by the owner that the dog is descended from parents which have demonstrated an ability to herd and yard livestock; and

b. A description of the herding and yarding skills of the dog's parents.

(b) The information submitted about working farm dog stud services on offer shall include:

(1) The information specified in (a)(1) above; and

(2) The fee for stud services.

Source. #9616, eff 12-22-09

Agr 503.15 Information About Farm Land and Real Estate. The information submitted about farm land and real estate offered for sale shall be on a completed department-issued form:

(a) Bearing the notarized signature of the property owner; and

(b) Including the following:

(1) A description of the property to be advertised; and

(2) A statement of certification that:

a. The signer is not a real estate agent or real estate broker; and

b. The signer is the present legal owner of the property described.

Source. #9616, eff 12-22-09

Agr 503.16 Information About Computerized Agricultural Equipment and Software Designed for Agricultural Purposes. The information submitted about computerized agricultural equipment and software designed for agricultural purposes shall include a description of the equipment or of the capabilities of the software sufficiently detailed to show how the equipment or the software facilitates farm accounting, farm record keeping or farm information management.

Source. #9616, eff 12-22-09

Agr 503.17 Information About Nursery Stock. The information submitted about nursery stock for sale shall include:

(a) The division of plant and industry nursery license number; or

(b) A statement that the plant material for sale was inspected by a plant industry division inspector on a specified date and found free of injurious insects and diseases.

Source. #9616, eff 12-22-09

Appendix

Rule	Statute Implemented
Agr 501	RSA 541-A:7
Agr 502	RSA 541-A:16, I.(b)
Agr 503.01	RSA 425:2, IV.; RSA 425:4, VI.; RSA 425:21-a
Agr 503.02 through Agr 503.04(e)	RSA 541-A:16, I.(b)
Agr 503.04(f)(1)	RSA 426:5
Agr 503.04(f)(2) through Agr 503.10(a)	RSA 541-A:16, I.(b)
Agr 503.10(b)	RSA 429:16, II. and III.
Agr 503.11(a)	RSA 541-A:16, I.(b)
Agr 503.11(b)	RSA 429:22, II.
Agr 503.12 through Agr 503.17	RSA 541-A:16, I.(b)